A Ship Leaves The Island Of Guam

must prove the existence of harm (Article. 2697 of the Civil Code)

The claim for damages must therefore be dismissed for lack of evidence

Article. 2697 of the Civil Code requires the applicant to provide a rigorous proof of the damage, not being able to rely on the principle because that principle acquisitive regard to the conduct of the investigation of the facts and not the Annex.

Civil Code

Book Six
rights protection

Title II of the evidence

Chapter I General Provisions

Article 2697.
Burden of proof.

Who wants to enforce a right in court to prove the facts which constitute its foundation.

Who pleads the invalidity of such facts or claims that the law has been amended or terminated must prove the facts on which the exception is based

E 'so peaceful, the possibility of using simple presumptions art. 2729 cc to prove the damage and its size, but it is required, attach precise factual circumstances.

Nor, as this Chamber has repeatedly stated (ex multis Tar Sardinia, sec. I No. 1498/2009) the lack of evidence could make up the flat rate determination of the rate of 10% of the base bid minus the decrease in the tender.

this criterion in fact, was recently rejected by the more acceptable jurisprudence which noted that it ends up a compensation award is made to oversized, thereby drowning her interest in court to deduct the necessary proof of liability for damages (ex plurimis, Cons. State, April 6, 2009 No 2143).

Do not try, after all, even by implication, are the claims for damages by calling the rest of the costs incurred in participating in the competition and those related to the loss of chance.

It can not compensate for this lack of proof by a equitable settlement under Article. 1226 cc because this rule presupposes the impossibility of proving the damage that normally occurs only in the case of non-pecuniary damage

of law in number 203, March 10, 2011 issued by Tar Sardinia , Cagliari