The principle of equivalence of conditions enshrined in art. 41 c.p. completes the reception by the Italian Legal System of the causal model of the condicio sine qua non. However, this principle knows the temperament offered by the criterion of the prevailing cause referred to in art. 41, paragraph 2, c.p., thanks to which the exquisitely juridical evaluations succeed in prevailing on the results of the strict causal judgment. The essay investigates the content and criteria of this correction of causal judgment.
|Title of host publication||I nuovi orientamenti della Cassazione civile|
|Number of pages||32|
|Publication status||Published - 2018|