I rapporti interni tra debitore ed ausiliario ex art. 1228: una opportuna messa a punto (con molte luci e qualche ombra)

Translated title of the contribution: [Autom. eng. transl.] Internal relations between debtor and auxiliary pursuant to art. 1228: an appropriate tuning (with many lights and some shadows)

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Abstract

[Autom. eng. transl.] The Supreme Court takes a position on the compensation of the health facility against the doctor who was responsible for the harmful intervention, for cases not covered by the Gelli-Bianco law. For these hypotheses he concludes that the health facility can usually recover only a portion of the disbursement, through an analog application of art. 2055 of the Italian Civil Code and not all the sum paid as compensation. This outcome must be judged favorably, since it makes a clear distinction between the liability of the debtor due to the fact of the auxiliary pursuant to art. 1228 of the Italian Civil Code, which is the responsibility of the debtor (the structure) for his own actions and the principal's responsibility for the actions of others pursuant to art. 2049 of the Italian Civil Code, where, on the other hand, it can be more easily hypothesized a regress for the whole.
Translated title of the contribution[Autom. eng. transl.] Internal relations between debtor and auxiliary pursuant to art. 1228: an appropriate tuning (with many lights and some shadows)
Original languageItalian
Pages (from-to)345-351
Number of pages7
JournalLA NUOVA GIURISPRUDENZA CIVILE COMMENTATA
Publication statusPublished - 2020

Keywords

  • Responsabilità medica
  • Responsabilità dell'ausiliario
  • Regresso

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