Civil Cassation Chamber, Third Order No. 6802 March 20, 2010
contracts - consumer protection - TERRITORIAL JURISDICTION OF EXEMPTION - BURDEN OF PROFESSIONAL inculpatory
In terms of consumer protection, to exclude the applicability of the relevant legislation went down in Articles. 33 et seq. of Legislative Decree no. 206 of 2005 specifically invoked by the consumer to take root in the hole its own territorial jurisdiction, the trader must prove that the contractual exception to that forum (Article 33, paragraph 2, lett. U) was the subject of detailed negotiation, or must provide adequate proof to win the presumption of unfair nature of the clause itself.
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