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THE controversial sugli indennizzi assicurativi da polizze stipulates with a consumer rientrano nella special jurisdiction of the court of the place of residence o di domicile elettivo del consumer therefore: to determine which court must decide whatindennizzo If you do not have any questions, if you apply the Consumer Code (Dlgs 206/2005). And when, in the return, he does not expressly present the own quality of soggetto consumer: the only principle of the essential implicitly indicates that you have chosen the criteria of competence by territory, naturally stable from the legislator for what type of contract (the consumer forum), because it is necessary to specify the quality of the consumer and because the request for indication has an implicit meaning.

Because the Cassation (Order No. 29392 of November 14, 2024), under the jurisdiction regulations, accepted the reimbursement of the insurance against pronunciation with the court of his place of residence (Tribunale di Larino) but refused the property. jurisdiction by territory, transfer to the fori ordinari previsti dal Codice di procedure civil, because iteneva quello delconsumer inapplicabile al caso di specie.

Reading the pm

In the evening court of cassation, before daring his parere, I swallowed the challenge of the insurance company which was in question. Not only because the insurance is not so qualified as a consumer, but also because the controversy has taken place and there is no contract stipulated between the company and the ricorrente (sembrerebbe un polizza danni del tipo infortuni) has the right to take a risk for an injury. procured from a bicycle license.

The Court’s decision

The last acquisition is the one which is carried out quickly with the Court, because (once again) there is a controversy over the liquidity of a claim data (in the policy conditions) which protects a structural element of the contract, which directs insurance credit. correlato – appunto – all’obligazione indennitaria assunta dall’assicuratore.

More articles are the regulation on the irrilevanza of the workforce qualified as consumer of the response. The Corte ribalta l’angolo visuale e chiarisce que il favor for me previsto dall’ article 33, comma 2, letter u) of the Consumer Code (“the contract to conclude between the consumer and the professional if it considers the vessatorie of the clause che… stabiliscono come sede del forum competente sulle controversial località diverse da quella di residence o domicilio elettivo del consommateurs”) is a forecast of the consumer’s interest and does not fulfill of indelible skill. In fact, the consumer can now express himself, he prefers rivolgersi to one of the ordinary forums in anticipation of articles 19 and 20 of the Code of Civil Procedure (senza che nè the contraparti born the giudice d’ufficio pussano invoke the necessity of ‘apply the consumeristic forum). Cioè la sede del conventionto (in this case, the company, against the quale il ricorso was stateto presentato) oppure il luogo dove the obligation is in some way where goes soddisfatta.