La perdita di chances secondo la Cassazione civile: una tutela della vittima effettiva e praticabile

Translated title of the contribution: [Autom. eng. transl.] The loss of chances according to the civil Cassation: effective and practicable protection of the victim

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Abstract

[Autom. eng. transl.] The author, starting from the analysis of an innovative pronouncement of the Civil Cassation on the subject of autonomous compensation of the loss of chances, examines the repercussions of this approach on the criminal investigation of the causal link between conduct and harmful event, in particular in the hypotheses in which the agent's conduct has increased the risk of verifying the event, without however being proven, beyond any reasonable doubt, that in the absence of the agent's conduct the event would not have occurred. The essay illustrates the different dynamics that must preside over the ascertaining of the causality in the penal and civil courts, signaling how the different probative standard applied in the two contexts can constitute a useful distinction to give adequate answers, on the ground of compensation for damages, to the expectations of justice for the victims.
Translated title of the contribution[Autom. eng. transl.] The loss of chances according to the civil Cassation: effective and practicable protection of the victim
Original languageItalian
Pages (from-to)2537-2559
Number of pages23
JournalCASSAZIONE PENALE
Publication statusPublished - 2004

Keywords

  • causation
  • loss of chances
  • perdita di chances
  • rapporto di causalità

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