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Defects of the goods that have been sold: the distribution of the burden of proof
- 07/05/2019
Article 1490 c.c. states that the seller is required to ensure that the thing sold is free from defects that make it unsuitable or appreciably diminish its value.
With the judgement no. 11748 of 3 May 2019, the United Sections of the Supreme Court of Cassation have stated that, with regard to the defects of the thing sold as per art. 1490 of the Civil Code, the buyer who exercises the action of termination of the contract, or the action of reduction of the price, pursuant to art. 1492 Civil Code, has the burden of proofing the existence of defects, as well as any harmful consequences.
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