L’illecito del terzo tra responsabilità per danno da cose e responsabilità per fatto dell’uomo

Translated title of the contribution: [Autom. eng. transl.] The third party's offense between liability for property damage and human liability

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The contribution focuses on the relationships between the art. 2051 and the art. 2043 cod. civ. in order to determine when the damage actually derives from the thing - and, therefore, to compensate for it must be the subject who has it in custody - and when, instead, behind an apparent case of liability for damage from things there is actually a responsibility for human behavior, according to the canons of art. 2043 cod. civ. Such an investigation inevitably requires the examination of the notion of thing, as well as the concepts of causal and custody link, required for the operation of the art. 2051 cod. civ. For each of the two liability regimes envisaged, the contribution made by the fact of the injured party must then be assessed. In particular, if - in line with the solution adopted in the sentence - there is a tendency to read the story in terms of liability for damage from property, it is appropriate to establish in the presence of which conditions the negligent conduct of the victim properly integrates a fortuitous event and when, instead, it constitutes a mere contest in the production of the damaging event, governed by the art. 1227, 1st co., Cod. civ.
Translated title of the contribution[Autom. eng. transl.] The third party's offense between liability for property damage and human liability
Original languageItalian
Pages (from-to)505-516
Number of pages12
JournalLA NUOVA GIURISPRUDENZA CIVILE COMMENTATA
Publication statusPublished - 2010

Keywords

  • danno da cosa in custodia

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