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Supreme Court, order of 5 March 2026, N. 4942

The provision of art. 1137 co. 2 cod. civ., which permits the challenge of condominium general meeting resolutions that are contrary to statute or to the condominium regulations, does not preclude the referral to arbitration of the related disputes, since the rights at issue are disposable.
The arbitration clause contained in the condominium regulations is to be construed in accordance with the general rules of contractual interpretation set out in artt. 1362 et seq. cod. civ., with particular regard to the literal meaning of the expressions used and the common intention of the parties.

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