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.
| Translated title of the contribution | [Autom. eng. transl.] The (pecuniary) damage in re ipsa…must be proven |
|---|---|
| Original language | Italian |
| Pages (from-to) | 402-405 |
| Number of pages | 4 |
| Journal | DANNO E RESPONSABILITÀ |
| Volume | 2019 |
| Publication status | Published - 2019 |
Keywords
- Danno patrimoniale, occupazione abusiva di immobile, onere della prova