Le Sezioni (ri)unite sulla garanzia edilizia: natura, onere probatorio, atti interruttivi del termine prescrizionale

The author proposes a unitary reading of the two judgments rendered by the Italian Supreme Court, Joint Sessions, about the "garanzia edilizia" (warranty): albeit he shares the substance of the judgments, he proposes a new motivation, which is harmoniously inserted in the reconstruction of the legal institution as irreducibly other than the obligation ("obbligazione"), especially with reference to the burden of proof weighing on the guaranteed party and the identification of suitable acts to interrupt the expiry of the limitation period.