Business Contracts, Sale, Warranty for defects of the thing sold, Court of Cassation, Section Un., Judgment n. 11748 of 05/03/2019

The United Sections, in contrast resolution, have affirmed that, in the matter of guarantee for the defects of the thing sold in the art. 1490 of the Civil Code, the buyer who exercises the actions for the termination of the contract or for the reduction of the price pursuant to art. 1492 c.c. is burdened with the burden of offering proof of the existence of defects.

Source Supreme Court of Cassation