Since the EVSE and car negotiate the power draw from the wall, the EVSE must comply with NEC requirements and not be able to draw (or offer) more than 80% of the circuit's rated current. The problem is there is no communication between the EVSE and the circuit, so the EVSE has no knowledge of how much the circuit can handle; it just assumes it's been installed on a circuit capable of handling the maximum draw the EVSE is capable of.
Finally, do NOT assume a breaker will work fast enough to prevent overheating related issues from an EVSE that's drawing too much power. Yes, they should, but there are enough electrical house fires every year to remind us that home wiring is frequently substandard.
The thing is that some EVSEs
can be set to offer a certain maximum amperage and therefore could safely be installed on a circuit with a lower ampacity rating than the maximum of the EVSE. For instance, I have a Siemens Versicharge. It is a 30A EVSE. However, I
could safely install it on a 20A circuit by opening it up and setting its maximum current delivery to 15A. I could also install it on a 10A or 30A circuit as it has settings for those too (7.5A & 22.5A). I suppose you could come up with some other reasons why the EVSE has such a setting but the most logical one is so that it could be installed on circuits with less than a 40A rating.
That might be why it’s called a “Versi”Charge. However, because of the restrictiveness of the NEC, it’s not so versatile after all.
And of course we don’t assume that a breaker will ever protect
any circuit that it’s supposed to protect and
any device could be attached which draws too much power.
So in my opinion the code is “dumb” in that it will not allow you to connect an EVSE that is “smart” enough to communicate a lower power limit to the car.