In order to prove the counter-statement existence, art. 1417 of the italian civil code allows all sorts of evidence produced by outside parts in a contract, while its general rules regulate the evidence of a contract when produced by one of the parties. The scholars have considered as valid for all parties the evidence procedures as defined in art. 2722 c.c. We question this assumption then we have to conclude that the parties to a contract can have full access to all sorts of evidence. As to evidence produced by heirs we must mention the abrogation of the regulation contained in art. 1319 of the 1865 c.c. Therefore we must conclude that heirs do not benefit of such equalization and thus they are to be considered as third parties. A part from the de facto abrogation of art. 2721 c.c. we think that simulation itself should accept less complex ways of producing evidence.
Simulazione ed eredi. Storia di una norma fantasma
GRASSI, Ugo
2013-01-01
Abstract
In order to prove the counter-statement existence, art. 1417 of the italian civil code allows all sorts of evidence produced by outside parts in a contract, while its general rules regulate the evidence of a contract when produced by one of the parties. The scholars have considered as valid for all parties the evidence procedures as defined in art. 2722 c.c. We question this assumption then we have to conclude that the parties to a contract can have full access to all sorts of evidence. As to evidence produced by heirs we must mention the abrogation of the regulation contained in art. 1319 of the 1865 c.c. Therefore we must conclude that heirs do not benefit of such equalization and thus they are to be considered as third parties. A part from the de facto abrogation of art. 2721 c.c. we think that simulation itself should accept less complex ways of producing evidence.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
