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.
|Numero di pagine||11|
|Rivista||LA NUOVA GIURISPRUDENZA CIVILE COMMENTATA|
|Stato di pubblicazione||Published - 2019|