The author describes the historical legal models of product liability in the principal experiences of the Western Legal Tradition and, specifically, the evolution of the Italian model, from the EU regulation (dir. 85/374/CEE) to the Consumer Code (d.lgs. n. 206/05), which actually brings together all the legislation regarding consumer protection, including that relating to product liability. After this historical review, therefore, the author analyses the actual characteristics of Italian product liability, with particular regard to the distribution of the burden of proof between the producer and the consumer. Finally, the article focuses on the producer’s trial position and the causes of exclusion of his liability.
Il modello italiano della responsabilità per danno da prodotti difettosi
D'ANTONIO, VIRGILIO
2008-01-01
Abstract
The author describes the historical legal models of product liability in the principal experiences of the Western Legal Tradition and, specifically, the evolution of the Italian model, from the EU regulation (dir. 85/374/CEE) to the Consumer Code (d.lgs. n. 206/05), which actually brings together all the legislation regarding consumer protection, including that relating to product liability. After this historical review, therefore, the author analyses the actual characteristics of Italian product liability, with particular regard to the distribution of the burden of proof between the producer and the consumer. Finally, the article focuses on the producer’s trial position and the causes of exclusion of his liability.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
