Ancora sul concorso di responsabilità contrattuale e aquiliana

It’s generally admitted that, when the conduct of a debtor infringes both an obligation and a right protected by the system of tort law, the victim can choose whether to take the contractual action or the extracontractual one, in order to ask for the compensation of the damages suffered because of the conduct of the debtor. Being this a general custom, this study focuses on the reasons why it has been spreading in our system, and aims at analysing, also through procedural reasons, if it should be admitted, or if it is unlawful and should therefore be abandoned.