Struttura dell'illecito e danno alla salute fra Italia ed Inghilterra

Translated title of the contribution: [Autom. eng. transl.] Structure of the offense and damage to health between Italy and England

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Abstract

There was a time in history when Italian and English tort’s structure had lots in common. Nowadays, instead, it’s not like that anymore, in particular if the plaintiff claims a non-pecuniary damage. Also, in this case negligence is based just on the breach of duty of care, whereas the Italian Corte di Cassazione has clarified that a violation of a constitutional human right is demanded to the application of the art. 2059 c.c. When to come into consideration, however, is the protection of health, the practical results tend to coincide to the point of bringing out a convergence on the need for an objective approach towards this right. In the perspective of European harmonization, the A. focuses his attention on how this concurrence has been possible and which stumbling blocks torts law had to overcome in both countries.
Translated title of the contribution[Autom. eng. transl.] Structure of the offense and damage to health between Italy and England
Original languageItalian
Pages (from-to)21-107
Number of pages87
JournalEUROPA E DIRITTO PRIVATO
Publication statusPublished - 2015

Keywords

  • Civil liability
  • Danno non patrimoniale
  • Diritto alla salute
  • Diritto europeo
  • European law
  • Non-pecuniary damage
  • Responsabilità civile
  • Right to health

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