Responsabilità da contatto sociale qualificato

This encyclopedic entry addresses qualified social contact liability, focusing on the autonomous obligation of protection, also referred to as the obligation without performance. The analysis begins with a review of various jurisprudential cases that have recognized this concept in applied law, particularly in relation to the reliance generated by the professional status of the liable party. The discussion also briefly touches on the obligations of protection within family law. The entry further examines the systematic role of pre-contractual liability and explores the application of qualified social contact liability in cases involving public administration status liability. It emphasizes the significance of qualified social contact liability within the broader framework of the progressive (or evolutionary) typicality of obligation sources. This progressive typicality also reveals differences in how this concept has undergone Rechtsfortbildung (judicial development of the law) in Italy and Germany. A distinction is made between social contact as a source of obligation and de facto contractual relations. The latter part of the entry explores the relationship between supplementary obligations of protection and autonomous obligations of protection, outlining the regulatory aspects of the latter. Finally, it provides a terminological clarification regarding the categories of duty in civil law.