Registered mail and the presumption of receipt: the Court of Cassation, with order no. 28297/2025, clarifies the burden of proof

Official communications represent a fundamental element in legal relationships, whether civil, tax-related, or administrative in nature. Very often, the effectiveness of an act or the commencement of a time limit depends precisely on the moment the recipient receives a specific communication. But what happens if the recipient denies having received the package or claims that the envelope was empty? The Court of Cassation addressed this delicate issue with order no. 28297 of October 24, 2025, clearly outlining the boundaries of the burden of proof between the sender and the recipient.

The legal value of the shipping receipt

The ruling of the Supreme Court focuses on the evidentiary value of the shipping receipt issued by the post office. According to the Court, this document is sufficient to trigger a presumption of knowledge of the act by the recipient, even in the absence of the return receipt (the traditional acknowledgment of receipt card). This presumption is based on Article 1335 of the Italian Civil Code and the presumed regularity of the postal service.

The principle of the Court of Cassation

Let us examine in detail how the Court of Cassation expressed itself in order no. 28297/2025:

The shipping receipt for registered mail or a telegram, issued by the post office, constitutes, even in the absence of the return receipt, certain proof of the shipment itself, from which follows the presumption—based on the unequivocal and conclusive circumstances of said shipment and the ordinary regularity of the postal and telegraphic service—of the arrival of the act to the recipient and the latter's relative knowledge thereof pursuant to Article 1335 of the Civil Code; consequently, the burden lies with the recipient to demonstrate that the package did not contain any letter or that it contained one with a content different from that indicated by the sender.

The reversal of the burden of proof

As highlighted in the principle, once the sender has demonstrated having sent the registered letter or telegram by exhibiting the post office receipt, the burden shifts entirely to the recipient. It is the latter who must provide rigorous counter-evidence. A simple generic objection is not sufficient to overcome the presumption of knowledge.

In particular, a recipient who intends to defend themselves must demonstrate:

• That they were, through no fault of their own, unable to become aware of the act;
• That the delivered package was effectively empty at the time of delivery;
• That the content of the envelope was entirely different from what the sender claims to have sent.

This is a complex burden of proof, aimed at protecting the good faith of the sender and the certainty of legal relationships. If the recipient fails to provide such proof, the act is considered legally known for all intents and purposes.

Conclusions

Order no. 28297/2025 of the Court of Cassation reaffirms a consolidated jurisprudential principle that protects the reliance of citizens and businesses on the regularity of postal shipments. To avoid unpleasant surprises during litigation, it is essential to carefully keep every shipping receipt, as it constitutes the primary evidentiary shield to prove that communication has taken place.