Nr. 2/2012GIANPIERO VINCENZO Territory and citizenship: law and social morphology from Ibn Khaldun
Nr. 1/2020Giurisprudenza e legislazione civile
ABSTRACT
The rotal judgment in comment constitutes one of the first and, at the same time, more recent interpretations of the new text of can. 1678 § 1 in matter of “force of full proof” to be attributed to the declarations made by the parties. The sentence found itself having to resolve a very frequent problem in forensic practice, especially in cases where there is a strong opposition between the parties: that of establishing which of them should to be considered more credible. The sentence provides an interesting - but not entirely acceptable - interpretation of the new provision of can. 1678, § 1, affirming that it is possible to attribute, “vim plenae probationis” to the declaration of one of the parties, even if the same is contested and blatantly contradicted by the other.
KEYWORDS
Credibility, Proof, Declarations of the parties