The paper studies the interaction between the model of sale and purchase provided by the CISG and that of the Italian Civil Code. This is done with a twofold purpose to verify: a) whether, as things stand, the applicability of the domestic law legislation or of the general principles governing the CISG is indifferent in relation to the burden of proof concerning the lack of conformity, and consequently also to the debate concerning whether this aspect is of a procedural or substantive nature; b) whether this burden of proof can move independently of the subjective or objective conception of performance and of whether the seller’s performance is associated with an obligation or a guarantee
Burden of Proof and Lack of Conformity under The CISG from the Italian Law Perspective
Ferrante Alfredo
2022-01-01
Abstract
The paper studies the interaction between the model of sale and purchase provided by the CISG and that of the Italian Civil Code. This is done with a twofold purpose to verify: a) whether, as things stand, the applicability of the domestic law legislation or of the general principles governing the CISG is indifferent in relation to the burden of proof concerning the lack of conformity, and consequently also to the debate concerning whether this aspect is of a procedural or substantive nature; b) whether this burden of proof can move independently of the subjective or objective conception of performance and of whether the seller’s performance is associated with an obligation or a guaranteeI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
