Book Fifth: Extinction of Obligations

Article 362

Art. 362 - The person claiming to be a creditor must prove the existence of their right. Once this proof is made, the person alleging that the obligation is extinguished is required to establish the accuracy of their claim.

Article 363

Art. 363 - The written document, which was drawn up on the occasion of the formation of an agreement, possesses complete probative force only if it has been signed by the parties; furthermore, it must, if the agreement is synallagmatic, be drafted in as many copies as there are parties with opposing interests; if the agreement is unilateral, the signature must be preceded by the mention "Good for". In the absence of these formalities of multiple originals or "good for", the agreement remains valid, but the written document is only worth as a beginning of proof that must be completed with the help of witnesses or presumptions. However, the plurality of originals is not required when the parties have, by mutual agreement, deposited the single original with a third party they have chosen.

Article 364

Art. 364 - If one of the parties is unable to sign, they may replace their signature with a fingerprint.

Article 365

Art. 365 - The rules of evidence, for the formation of agreements, for the emergence of obligations, for their transfer or for their extinction are established by the Code of Civil Procedure. (Regarding evidence: See articles 131 to 362 of Legislative Decree No. 90 of 16/9/1983 (Code of Civil Procedure).

Article 366

Art. 366 - The judge must, in legal acts, inquire into the true intention of the person who has undertaken the obligation (unilateral act) or the common intention of the parties (agreement), rather than stopping at the literal meaning of the terms.

Article 367

Art. 367 - Terms that are capable of having two meanings shall be construed in the sense that best conforms to the purpose and spirit of the contract, and in any case, in the sense that gives them effect rather than in the sense that would render them ineffective.

Article 368

Art. 368 - The clauses of the same agreement shall be interpreted and coordinated with one another in light of the entire act.

Article 369

Art. 369 - In case of doubt, the clause shall be interpreted in favor of the debtor and against the creditor.

Article 370

Art. 370 - When the agreement presents gaps in its provisions, the judge must fill them, either with the provisions inscribed in the law, if it is a named contract, or, in the contrary case, by referring to the rules established for the operation that presents, with the contract to be interpreted, the closest analogy.

Article 371

Art. 371 - The judge must also supplement the customary clauses, even if they are not expressly stated in the content of the deed.