Le Sezioni Unite confermano l’onere probatorio in materia di garanzia per vizi e la distinzione tra garanzia e obbligazione

[Autom. eng. transl.] The United Sections reiterated that the burden of proving the defects of the thing sold lies with the buyer who acts to terminate the contract or reduce the price. The sentence clearly draws the distinction between obligation and guarantee, to deny that the principles relating to proof of incorrect fulfillment apply to the latter. In this paper, the structural differences between the two figures and the repercussions in terms of the burden of proof are investigated, analyzing in particular the structure and scope of the concept of pure guarantee, which the United Sections understand in a still too restrictive sense. Finally, on this basis, the close relationships between the warranty for defects and damage insurance are illustrated.