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The C.T.U. in the absence of communication to the parties, it is affected by irremediable nullity

  • 30/11/2020

The Supreme Court, with order of 18 November 2020, n. 26304 established that, pursuant to art. 194, paragraph 2 of the Code of Civil Procedure and 90, paragraph 1, disp. att. c.p.c., the performance of all the activities of the C.T.U. without any involvement of the parties, who lacked any communication both of the day, time and place of start of the operations of the auxiliary, and of those of the relative continuation, implies the nullity of the consultancy, which, if promptly objected, is not remedied from the mere possibility of confirmation and a posteriori verification of the consultant's report.

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