Il danno (patrimoniale) in re ipsa...deve essere provato

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.