Studi comparatistici sulla responsabilità civile

Research output: Book/ReportBook

Abstract

[automatically translated] The extensive work is divided into two parts dealing respectively with general concepts in the field of liability and the identification of situations which more recently have been brought to the attention of the jurists. The fundamental idea that guides the volume is to be audited in the main European legal systems and in particular to those Italian and English, the very foundation of civil liability, placing the most incisive question about the existence of a general rule of liability-generating an undetermined number of cases that of many hypotheses of responsibility in a practical and proven time after time, how many cases of actual production of unjust damage. The volume, on the one hand acknowledges the mutual integration into Italian law, most legal sources, with specific pre-eminence of those constitutional and, on the other hand, it emphasizes the risks that would arise from the operation of a system of civil liability solely entrusted to a general clause that would create a right of judicial branch. In support of this approach it is long used the experience of the English common law that despite openings towards a conception of civil liability closer to the Franco-Italian model, seems firmly placed in the wake of a typed system of torts such as to curb undue proliferation the compensation mechanism. Just in the volume devoted to the illustration of the case is reviewed a period that date from the second half of the last century to that alternates today, in the considered systems, opposing addresses about the identification of the basis of liability: focus in this regard is devoted to the thorny issue of compensation for purely pecuniary damage. The volume is finally provided with a rich harvest of studies relating to specific areas of liability: entries in the bottom of the close, the responsibility for failure to act, the overlapping of responsibilities, the responsibility of professionals and manufacturers. Each of these contributions still touches once the relations between Italian law and English common law. accompanied by a rich harvest of studies relating to specific areas of liability: entries in the bottom of the close, the responsibility for failure to act, the aggregate liability, the liability of professionals and manufacturers. Each of these contributions still touches once the relations between Italian law and English common law. accompanied by a rich harvest of studies relating to specific areas of liability: entries in the bottom of the close, the responsibility for failure to act, the aggregate liability, the liability of professionals and manufacturers. Each of these contributions still touches once the relations between Italian law and English common law.
Original languageItalian
PublisherGiappichelli
ISBN (Print)9788834875025
Publication statusPublished - 2007

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