La risoluzione del contratto di compravendita con parte complessa tra litisconsorzio (sempre) necessario e teoria del consenso presunto
02-12-2025
Article by Luca Conte.
The Supreme Court has examined the standing of co-owner sellers to seek the termination of a sales contract involving multiple parties, where one of the co-owners named in the lawsuit remained absent from the proceedings.
Balancing considerations on necessary joinder and the concept of 'presumed consent,' the Court went beyond the specific case, suggesting that, in the event of a conflict among multiple sellers, the dispute could be resolved through the analogous application of co-ownership rules.
Luca Conte