The paper aims at analyzing one of the most debated issues in the Italian law of civil liability: the assessment of non-economic damage. In particular, the objective of the study is to verify if – and how – the seriousness of the fact (intended both in terms of objective description of the fact and of intensity of the subjective element characterizing the agent’s behaviour) could be a criterium that affects the quantification of the non-economic damages. The research is ideally divided in two sections. Within the first one, more theoretical, the events characterizing the evolution of the institute of civil liability and, in particular, of the non-economic damages are described. The second part, where the Italian lower courts’ case law is considered, is aimed at identifying the criteria for quantifying the non-economic damages used, from time to time, by the judges, paying particular attention to the hypotheses of “pure” non-economic damages, i.e. to cases where no pre-determined standards are available to anchor the quantification of damages. In Chapter I the main traits of the institute under examination are examined, as to proceed to a more detailed analysis in Chapter II of the evolution of the non-economic damage, recalling the main steps up to the well known “Sentenze di San Martino” in 2008. In the second part of the study – sub-Chapter III – attention is paid to the non-economic damage quantification by analyzing, starting from a high number of judgments on merits, criteria that are used from time to time by the judges. In particular, after having examined multiple sectors of the civil liability searching for a confirmation about the possibility – or necessity – to ascribe an important role, in each case, in the quantification of damages within the objective (exceptional seriousness of the fact) or subjective (intensity of the agent’s psychological element) characteristic, I reported my analysis results in various tables indicating, from time to time, the criteria for quantifying the damage considered by the judge and the amounts cleared. Prominent place has been given to the analysis of the principles to integrally restore the damage and the equivalence between intention and negligence, even after the boost, in this direction, given by legal experts (and, residually, by the judges), via the creation of a new non-economic damage theory.
|Titolo:||La gravità del fatto nella commisurazione del danno non patrimoniale: un'indagine (anche) nella giurisprudenza di merito|
|Autori Unitn:||Mariselli, Davide|
|Luogo di edizione:||Trento|
|Casa editrice:||Università di Trento. Dipartimento di scienze giuridiche|
|Parole Chiave:||Civil Liability – Tort Law – Italian Lower Courts Case Law Damage Assessment – Non-Economic Damages|
|Anno di pubblicazione:||2017|
|Appare nelle tipologie:||01.1 Libro in qualità di autore (Book as author)|