[automatically translated] After some initial uncertainty, the law now seems to recognize the ends of the manufacturer or importer of the product in the European Community the responsibility of an objective nature, based not on guilt but on the causal traceability of the damage in the presence of a defect in the product. The national legislature, by implementing the EU directive, intended, therefore, to grant greater protection to the consumer, exceeding the strict limits that previously met this both within the relationship with the seller, given the limited enforceability of time guarantee rights recognized by the ordinary rules of the sale, as well as outside of the negotiating relationship, as anchored to the evidentiary burden imposed by the rules on liability in tort art. 2043 cc The paper examines the case of producer responsibility, focusing on the nature of that responsibility, on the allocation of evidentiary loads and, in particular, on recoverable damages. In this regard, it is evident that the system of producer liability for defective products seems inspired by the desire to achieve a fair balance between the conflicting interests at stake: protecting the health of users, on the one hand, the support of development technical and scientific, the guarantee of undistorted competition and the promotion of trade, on the other.
|Title of host publication||DANNI DA INADEMPIMENTO. RESPONSABILITÀ DEL PROFESSIONISTA. LAVORO SUBORDINATO, vol. IV|
|Number of pages||19|
|Publication status||Published - 2011|
|Name||TRATTATO DEI NUOVI DANNI diretto da PAOLO CENDON|