Per una riconsiderazione del risarcimento del danno da perdita di chance

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Abstract

[automatically translated] The essay explores the issues pertaining to the protection of loss of chance. In particular, it explores the possibility to subsume the damage from loss of chance within the two kinds of responsibilities provided for under the - contractual and tort - and the injury compatibility under review with the requirement of certainty of harm. a on the first side. circumscribes the protection of the loss of chance of contractual liability, on the second side is believed that the requirement of certainty of harm requires limiting damages from the hypothesis of chance loss that it represents an emerging damage under Art. 1223 cc is critical, also, the orientation tended to depend on the relevance of the injury in question the degree of probability of occurrence. According to the A., In fact, the percentage of probability of beneficial event occurring actually lost can influence the determination of the quantum of compensation, but does not seem able to affect the legal significance of the lesion in order to deny protection to a person who, for example, has suffered the loss of 25% chance of winning a beauty contest because of the failure of the organizer alert. This assumption seems confirmed by the experience of the common law on the same issue. The method used by the courts, aimed at identifying the violation which anchor the damages remedy, results in putting to clearly focus on the breach of contract by sliding on the slope of the assessment of the quantum of compensation the probabilistic judgment on the chances of success of the occasion lost.
Original languageItalian
Pages (from-to)1-55
Number of pages55
JournalRIVISTA DI DIRITTO DELL'ECONOMIA, DEI TRASPORTI E DELL'AMBIENTE
VolumeVII
Publication statusPublished - 2009

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