News
Application of the consumer code to the sale of defective used cars.
- 13/07/2020
The Court of Cassation, with sentence no. 13148 of 30 June 2020, established that in the matter of consumer goods, such as cars, the discipline of the consumer code (art.128 et seq.) Is applied, the discipline of the civil code on the subject being applicable of sale only for what is not foreseen by the special legislation, given the clear preference of the legislator for the special legislation and the "subsidiary" role assigned to the codicist discipline. Suppose that the defects of conformity, which occur within six months from the delivery of the goods, already exist as a matter of fact, it is the burden of the consumer to attach the existence of the defect, burdening the counterparty with the burden of proving the conformity of the goods delivered with respect to the sales contract. Exceeded the aforementioned term, the application of the general rules on the burden of proof set by art. 2697 of the Italian Civil Code
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