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In case of a combination of divisible causes, the interruption of the limitation period against one of the parties does not produce the same effects for the others

Civil Supreme Court, Section III, 23 April 2020, Judgment no 8123. Pres. Travaglino. Est. Francesca Fiecconi

date: 27.05.2020
Area: Litigation and Arbitration

In the event of a combination of divisible cases, the Supreme Court has established that the interruption of the limitation period relating only to one of the parties involved does not affect the others. Consequently, even if the judge does not order the separation of the cases, the other parties will not be required to resume trial. It follows, therefore, that if resumption is not carried out in a timely manner in the interest of the party affected by the above event, termination will occur only against the said party and the trial will continue against the other parties.

In case of a combination of divisible causes, the interruption of the limitation period against one of the parties does not produce the same effects for the others

Civil Supreme Court, Section III, 23 April 2020, Judgment no 8123. Pres. Travaglino. Est. Francesca Fiecconi

date: 27.05.2020
Area: Litigation and Arbitration

In the event of a combination of divisible cases, the Supreme Court has established that the interruption of the limitation period relating only to one of the parties involved does not affect the others. Consequently, even if the judge does not order the separation of the cases, the other parties will not be required to resume trial. It follows, therefore, that if resumption is not carried out in a timely manner in the interest of the party affected by the above event, termination will occur only against the said party and the trial will continue against the other parties.