Abstract
[Autom. eng. transl.] Compensation in a specific form has been the subject of several studies in the last decade, more specifically, the problems of the object and the functions of reparation in nature have been treated. The uncertainty of the systemic location of the remedy has always been at the center of the reflections dedicated to reparation in nature and, perhaps, is at the origin of the same circumspection with which the institute has long been treated. This work intends to emancipate itself from the idea of an irremediable ambiguity of the institution: compensation in kind is indeed a remedy for compensation and, if anything, reveals peculiarities of the aquilean protection not always felt by the interpreter. The fundamental question is to understand whether a protection that is, at the same time, classically compensatory, but intends to satisfy in nature the "needs" of those who have suffered damage, can present itself, without denying its systemic position, to legitimize innovative application practices.
Translated title of the contribution | [Autom. eng. transl.] Compensation for damage in specific form. Object and functions |
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Original language | Italian |
Publisher | CEDAM |
Number of pages | 404 |
ISBN (Print) | 9788859806615 |
Publication status | Published - 2002 |
Keywords
- risarcimento in forma specifica