Compensatio lucri cum damno e tipicità dei danni punitivi: una prospettiva critica

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The recent jurisprudence seems to take a case by case approach that raise concerns on the respect of the principle of typicality and predictability of punitive damages. The functional approach gives to the judge a great power in the concrete case, with a balance of interest similar to the one envisage by art. 2043 cod. civ. The subrogation criterion in trilateral relations, moreover, would lead to a reverse typicality, so punitive damages would be atypical and unforeseeable -, while the cases regulated by the principle of indifference would be typical.
Original languageItalian
Pages (from-to)583-593
Number of pages11
Publication statusPublished - 2019

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