Alcune questioni aperte su presupposti e modalità dell’eccezione di compensatio lucri cum damno in un caso di danno da emotrasfusioni

[Autom. eng. transl.] The commentary analyzes some of the still discussed aspects of the compensatotio lucri cum damno regime in the cases in which the compensation obligation from an illicit act competes with the injured party's right to benefit from the compensation provided for by the law. 25 February 1992, n. 210. In particular, the regime for the automatic detection of the exception is outlined, while recognizing the need to allege in court the fact of the perception of the benefit in favor of the injured party. We therefore investigate the consequences of the uncertainty of the extent of the benefit itself in cases where this has not yet been determined. We then critically examine certain statements contained in the ruling (favourable, in theory, to the reduction of compensation due to the compensation referred to in law no. 210/1992) regarding the conditions for application of the compensatotio lucri cum damno, reiterating the centrality of an evaluation functional of the benefit and criticizing the orientation which sees the basis of compensatotio in the uniqueness of the subject required to pay both the compensation and the indemnity. Finally, we question the real purpose (compensatory or solidarity) of the compensation in favor of victims of damage from blood transfusions.