Il danno non patrimoniale dal codice civile al codice delle assicurazioni

[Autom. eng. transl.] The writing focuses on the ten years that separate us from the judgments of St. Martin, noting the differences, on the legislative level (articles 138 and 139 of the old and new text) and case law. Once again the conceptual difference between biological damage and moral damage, we analyze the inclusion of the second in the first, made by the new text of the articles. 138 and 139 c. ass., which on the one hand poses a question of constitutional legitimacy, on the other it does not allow to endorse the final orientation of the Cassation which seems to contrast with the positive datum.