Mauro Grondona

Preliminary Notes for a Discussion on the Hermeneutics of Damage in Tort Law

  • Abstract

Informations and abstract

Keywords: Tort Law; Damage; Legal Doctrine; Case Law; Interpretation of Law; General Clauses.

The paper aims to bring out the problems inherent in the formula (“danno ingiustoµ, “unjust damageµ) contained in art. 2043 of the Italian Civil Code, showing some hermeneutical developments of this formula, as well as the reasons that lead to believe that the progressive expansion of the remedies brings physiologically with it the need for a progressive and rational expansion of the area of compensable damage. Especially delicate is the theme of “unjust damageµ in the perspective of non-pecuniary loss, which, connected to the protection of fundamental rights of the individual, represents today, for the Italian civil law doctrine, a particularly fertile ground also in terms of general theory of tort law.

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