Danno morale

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Abstract

[automatically translated] The damage to the person is one of the most fascinating themes and at the same time controversial of the Western legal tradition systems, so that may come as no surprise that it is is accompanied a wide reflection on the practical aspects of both on theory fallout general law tort tort. It is, in fact, a matter that touches the most diverse and complex problems that are swaying around the institute tort and that, to date, we continue to animate every speech: the positive notion of non-contractual damages; the typicality or atipicita` of tort liability; the significance of the phrase '' injustice of the damage '' in art. 2043 cc and, at one with it, the identification of the area of damages; the relationship between Articles. 2043 cc and 2059 cc; the connection between the provisions of Title IX of Book IV of the Civil Code and the rules of the Republican Constitution; the role assigned by the legal system to the judge in the selection of the legally relevant losses; The possible area of overlap or competition between unlawful non-contractual and tort, as well as' the possible reduction to units of its positive disciplines; the need, firstly, to ensure a full refreshment to the victim of the offense and, secondly, to avoid damages duplications, etc. Such considerations, which apply generally to the non-pecuniary damage, acquire greater thickness with respect to injury, traditionally understood as a portion of the first, defined - first in the doctrinal and jurisprudential and,
Original languageItalian
Title of host publicationDIGESTO delle Discipline Privatistiche Sezione Civile
Number of pages49
Publication statusPublished - 2016

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