Abstract
The discipline of art. 948 of the italian civil code on ownership claim has been strongly influenced by the historical tradition and represents an exception to the today general principle of the atypical nature of the claim. The severity of the burden of proof imposed on the plaintiff, in particular, make the discipline difficult to apply in practice. A review of historical tradition can help to overcome these difficulties concerning the enforcement of the discipline itself.
| Translated title of the contribution | [Autom. eng. transl.] The 'tradition' in Italian civil law: the example of the claim and the so-called probatio diabolica |
|---|---|
| Original language | Italian |
| Pages (from-to) | 89-104 |
| Number of pages | 16 |
| Journal | JUS |
| Volume | 62 |
| Publication status | Published - 2015 |
Keywords
- rivendica
- tradizione
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