The principle of which in art. 2697 of the Italian Civil Code, relative to identification of the part on which it is the burden the burden of the test, not is principle of order public, and therefore its asserted violation not it represents reason of disability of the praise.
It represents a abuse of the process, sanctionable ai senses of art. 96, co. 3, cod. Proc. Civ., The conduct of the part which, with the instrument of the handle of the praise, attempts of church dere to the judge of the state a decision on the merit of the affair controversial, disguising in reasons nullity of the praise those that are, with each evidence, disputes of merit.