Business Contracts, Sale and Purchase, Building Shares, Guarantee for defects, Interlocutory Order no. 23857 of 02/10/2018, Second Supreme Court of Cassation

Articles 1492, paragraph 1, of the Italian Civil Code, 1495, paragraph 3, of the Italian Civil Code, 2943 et seq. cc,

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Cassation, Second Section, September 10th 1999, n. 9630 and others as opposed to Cassation December 3rd 2003, n. 18477, Court of Cassation, September 27th 2007 n. 20332, Court of Cassation, Second Chamber, 04 September 2017 n. 20705.

The Sec. II has referred to the First President’s examination, for the evaluation of the possible assignment to Sections. U, the following important question of particular importance: “if, following the qualification of the guarantee institute for defects in the sale, with the exclusion of the hypotheses regulated by the consumer code, suitable acts interrupting the prescription pursuant to art. 1495, paragraph 3, of the Italian Civil Code, pursuant to art. 2943 ss. c.c., different from the proposition of the legal action and if, and to what extent, these interruptive acts inhibit the expiry of the prescription in relation to the building actions referred to in art. 1492, paragraph 1, c.c. “.

Source Supreme Court of Cassation