Concausa naturale e concorso colposo del danneggiato: questioni analoghe, soluzioni opposte

Translated title of the contribution: [Autom. eng. transl.] Natural cause and culpable contestation of the injured party: similar questions, opposite solutions

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Abstract

[Autom. eng. transl.] Starting from the framework of the norms governing the relationship of causality and the contributing factors in particular, the present study measures the keeping of the traditional jurisprudential rule of the irrelevance of the natural cause outside the cases marked by the art. 41, co. 2 °, Criminal Code The analysis of the case of the natural cause, carried out in parallel with that of the negligent contest of the injured party, highlights the thinning, in jurisprudential practice, of many of the differences between the two institutions; this thinning can be seen, in particular, in the common attention to the causal principle and to the objectification of guilt; besides, following a process (inverse to the traditional one) aimed at mitigating the rule of all or nothing, in the elaboration of the notion of proportional causality, also declined in an equitable way.
Translated title of the contribution[Autom. eng. transl.] Natural cause and culpable contestation of the injured party: similar questions, opposite solutions
Original languageItalian
Pages (from-to)412-423
Number of pages12
JournalLA NUOVA GIURISPRUDENZA CIVILE COMMENTATA
Volume2018
Publication statusPublished - 2018

Keywords

  • concausa naturale
  • concorso colposo del danneggiato

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