La prova del nesso causale nella responsabilità  per inadempimento: prospettive dottrinali e soluzioni giurisprudenziali a confronto

According to a well-settled understanding of art. 1218 of the Civil Code, since the obligatory relationship is aimed at satisfying the creditor’s interest
through the debtor’s performance, the harmful event arising from the non-performance (or from a not duly performed execution) should be directly attributed to the latter. Some authors differently affirm that evidence of the causal relation between non-performance and harm should be provided by the creditor. The recent case law of the Supreme Court puts causal relation as an element of the debtor’s liability, particularly in the context of professional liability: the consequence is that ascertaining the causal relation becomes in fact demanded to the expert evidence.
The paper analysis the different theories on the allocation of the burden of proof between debtor and creditor, by assessing their consistency with the rules governing contractual liability.