Fabrizio Fracchia

The Subjective Element in the Responsibility Arising from Activity Involving Measures

  • Abstract

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Keywords:

The following problems are dealt with in the text: offence on the part of the public administration and the importance of the psychological element; negligence within the framework of the offence; Art. 1218 of the Civil Code and negligence; presumption; non-feasance and negligence; norms of behaviour and norms of validity; serious negligence and special negligence; contributory negligence of the victim; some cues for comparison; the function of negligence in the ambit of offence committed by the administration; the need to free ourselves from an overly rigid perspective and to alleviate the burden of proof on the part of the victim; the functions of negligence: relationality and standards of diligence; negligence and the procedural relation; the difficulties of the victim and the answers of the system; the model of negligence elaborated by jurisprudence; the position of the agent and the 'borderline case' of the untraceable culprit.

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