Riflessioni sul risarcimento del danno (im)prevedibile

The article deals with the rule excluding the compensation of unforeseeable contractual damages, provided by article 1225 of the italian civil code, which also applies under English and French contract law. Notably, the study handles the different issues which, in this field, remain still uncertain. Taking in to account certain ambiguous judicial precedents, the work examines the issues related to: the extension of the rule to the tort damages; the complex relationship between the rule and the causal rules; the relevance of the voluntary breach of contract which, according to law, could make the debtor responsible also for unforeseeable losses; the moment in which the foreseeability has to be assessed.