In any event, the reference to Article 2050 reverses the burden of proof, so that it falls upon the author of the wrongful act.
The history of the right to privacy in the Italian legal system is symbolic. It demonstrates that the differences between codified and non-codified legal systems are really only stereotypes, which may be useful for teaching purposes but do not always accurately represent the reality of living law. It also demonstrates that, when it is necessary to fill gaps in the legislation, our judges do intervene (even if they are not directly empowered to act as legislators) and prepare the way for the intervention of the legislators, provided that they consider it necessary. Really, the right to privacy needs to have a chapter devoted into it in an entire book dealing solely with those elements of Italian private law that have actually been constructed and developed from case-law.40____________________