La garanzia nella vendita: durata e fatti costitutivi delle azioni edilizie

The essay addresses the issue of the burden of proof and the expiry of the limitation period for the claim in the field of actions againsts vices of good in the sale. The analysis tries to demonstrate that the solution of both questions cannot be separated from the exact conceptualization of the guarantee in the sale as a legal figure of the attribution of utility without cooperation. The guarantee is therefore characterized by a reinforced attribution of utility to the buyer and this cannot fail to affect both the burden of proof and the beginning of the limitation period for the claim.