Non riconoscimento dei danni punitivi nell'ordinamento italiano: una nuova vicenda

Translated title of the contribution: [Autom. eng. transl.] Non-recognition of punitive damages in the Italian legal system: a new story

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] THERE. examines the interventions of the Italian jurisprudence on the recognition of North American sentences with punishment to punitive damages. The jurisprudence of the Court of Cassation had left the commentators unsatisfied because of the lack of in-depth analysis in the definition of the non-reparable compensation. Both the jurisprudence and the legislator have affirmed the existence of forms of compensation of the damage that exceed the limits of the reparation of the damage. In the case examined, the Court of Appeal is asked to rule on the recognition of a decision by the North American judges to sentence punitive damages following the perpetration of the crime of defamation. The Court of Appeal, in assessing the figure of punitive damages and the Italian legislation on the tort, found some deficiencies in the American decision and tried to explain the reasons why "did not" proceed to recognize the foreign sentence of punishment damages ; this has led to a consolidation of the opinion of those who fear a dangerous mixture between the criminal offense and the civil offense.
Translated title of the contribution[Autom. eng. transl.] Non-recognition of punitive damages in the Italian legal system: a new story
Original languageItalian
Pages (from-to)94-95
Number of pages2
JournalDANNO E RESPONSABILITÀ
Publication statusPublished - 2009

Keywords

  • danno alla persona

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