The Parties have the burden of contesting the opposing statements and of attaching all evidence within the limitation periods set forth in Article 183, paragraph VI of the Code of Civil Procedure, with the possibility of objecting to new evidence at the final stage of the hearing being precluded.
In the event of loss of the file, the Judge of the merits must order the filing of the documents and records without a specific request from the Parties.
These are the principles of law established by the third civil section of the Court of Cassation, which accepted with sentence n 19142 of 2018, the appeal of one of the builders involved in the construction of the real estate complexes of the seaside town in Northern Sardinia, assisted by the lawyer Fulvio Sarzana of S.Ippolito, of the Law firm in Rome Sarzana and Associates.
The dispute concerned procurement matters, as provided for by Articles 1655 et seq. of the Civil Code.
The legal provisions of the contract are contained in Chapter VII "of the contract", Title III "of individual contracts", Book IV "of obligations" of the Civil Code from Articles 1655 to 1677.
Article 1655 of the Civil Code, entitled “notion,” defines the contract for work and states verbatim:
“a contract is a contract by which one party undertakes, by organizing the necessary resources and managing them at its own risk, the completion of a work or service in exchange for a monetary consideration.”.
Interpreting the article, it emerges that the contract is a bilateral, consensual and onerous contract, with which one party called the contractor, commits itself towards another party called the contracting party or client.
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