The jurisprudence that in the untitled occupation of other people's goods identifies in the damage suffered by the owner a hypothesis of damage in re ipsa, with consequent lightening burden of proof of the injured party, calls for a comparison with the rules and principles which govern the recoverability of the damage. The damage-event and amage-consequence dichotomy, in particular, requires a reconsideration of the formula of the damage in re ipsa which, in the present case, can effectively materialize in a correct application and valorisation of the evidence for presumptions.
Piaia, F., Il danno (patrimoniale) in re ipsa...deve essere provato, <<DANNO E RESPONSABILITÀ>>, 2019; 2019 (3): 402-405 [https://hdl.handle.net/10807/231045]
Il danno (patrimoniale) in re ipsa...deve essere provato
Piaia, Federico
2019
Abstract
The jurisprudence that in the untitled occupation of other people's goods identifies in the damage suffered by the owner a hypothesis of damage in re ipsa, with consequent lightening burden of proof of the injured party, calls for a comparison with the rules and principles which govern the recoverability of the damage. The damage-event and amage-consequence dichotomy, in particular, requires a reconsideration of the formula of the damage in re ipsa which, in the present case, can effectively materialize in a correct application and valorisation of the evidence for presumptions.
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