The Supreme Court clarifies the burden of proof regarding defecting goods
| Insights
With regard to judicial proceeding in which the purchaser asks for the termination of the agreement or the reduction of the price due to defective goods, the burden-of-proof regime was uncertain.
In fact, traditionally case law states that the purchaser shall prove the existence of the defects; however, some recent jurisprudence states that the seller shall prove the delivery of non-defective goods.
In the recent judgement no. 11748/2019, the Italian Supreme Court finally clarifies that the purchaser who asks for the termination of the agreement or the reduction of the price, pursuant to Article 1492 of the Italian Civil Code, shall prove the existence of the defects that support the judicial claim.