The Corte di cassazione has qualified the manager of the joint ownership, who is acting on behalf of the joint owners, as a “consumer” for the purposes of the article 1469-bis and followings of the Italian Civil Code.
In particular, in this decision, the Court has interpreted the article 1469-bis, paragraph 3, no. 19, of the Italian Civil Code on the jurisdiction in consumers’ contracts.
For the judges of the Supreme Court, the article 1469-bis, paragraph 3, no. 19, of the Italian Civil Code does not determine an exclusive jurisdiction for the consumers’ contracts.
The Court clarified that this provision gives a presumption of unfairness of the clause establishing a jurisdiction different from those of the judge where the consumer is resident or domiciled.
Whether the clause is declared null and void, the controversies arising from the consumers’ contracts fall under the general forum provide by the articles 18, 19 and 20 of the Italian Code of Civil Procedure.
This decision has also confirmed the principle that the discipline on the unfair terms (article 1469-bis and followings of the Italian Civil Code) does not apply to the consumers’ contracts that have enforced before its adoption in the Italian legal system.
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