Inadempimento e ripartizione dell'onere probatorio

The interest in the issue of burden of proof in the breach of contract is justified by the fact that the well-known judgement of the Sezioni Unite (13533/2001) , which was originally thought to be general and absolute , has not had the effect of put an end to the numerous conflicts of interpretation. Infact , the sentence has given rise to new uncertainties and problematic aspects , suffering , however, continuing denials in different sectors of civil liability . The purpose of this investigation was to verify in what contexts the rule established by the Supreme Court were to be applied and upheld in such proceeding , therefore, to assess the modulation of the burden of proof in certain areas considered as typical . It is , thus , attempted to identify the reasons for the limitation of the address in question and the criteria by which to determine the allocation of the burden of proof .