The author, moving from an article written by Carnelutti in 1924, deals with some issues concerning reproductions ex art. 2712 c.c. The non-disclaimed reproduction has the character of legal proof, while the disclaiming deprives the reproduction exclusively of this strengthened efficacy, entrusting its evaluation to the prudent appreciation of the judge, ex art. 116 c.p.c.The unrecognized reproduction may be subject to an intrinsic verification, i.e., directed to verify its manipulation. To complete this task, the judge can rely on a scientific proof, with all the related problems.
|Title of host publication||Tutela giurisdizionale e giusto processo. Scritti in memoria di Franco Cipriani|
|Number of pages||26|
|Publication status||Published - 2020|