This writing deals with some issues concerning non pecuniary damages recently arisen in the Italian debate. The first question the Author addresses is that of their nature. Some authors still think that non pecuniary damages aim at punishment, confusing this one with deterrence; on the contrary their only goal is compensation, which also includes deterrence according to the goals of civil liability. The false idea of prevention also does not help in solving the problem of dependants, whom in any case is not possible to afford damages both iure proprio and iure hereditario, because it would create an inacceptable double compensation. The Author maintains that in the actual situation of the Italian law it is less questionable that dependants of the deceased claim compensation only iure hereditario. The other issue dealt with in the essay concerns non pecuniary damages in contractual liability. They should be recoverable not only in case of infringement of a reliance interest but also as a consequence of non performance, when the non economic interest results as a relevant one which the parties manifest to pursue.

Castronovo, C., Il danno non patrimoniale nel cuore del diritto civile, <<EUROPA E DIRITTO PRIVATO>>, 2016; (2): 293-333 [http://hdl.handle.net/10807/101820]

Il danno non patrimoniale nel cuore del diritto civile

Castronovo, Carlo
Primo
2016

Abstract

This writing deals with some issues concerning non pecuniary damages recently arisen in the Italian debate. The first question the Author addresses is that of their nature. Some authors still think that non pecuniary damages aim at punishment, confusing this one with deterrence; on the contrary their only goal is compensation, which also includes deterrence according to the goals of civil liability. The false idea of prevention also does not help in solving the problem of dependants, whom in any case is not possible to afford damages both iure proprio and iure hereditario, because it would create an inacceptable double compensation. The Author maintains that in the actual situation of the Italian law it is less questionable that dependants of the deceased claim compensation only iure hereditario. The other issue dealt with in the essay concerns non pecuniary damages in contractual liability. They should be recoverable not only in case of infringement of a reliance interest but also as a consequence of non performance, when the non economic interest results as a relevant one which the parties manifest to pursue.
Italiano
Castronovo, C., Il danno non patrimoniale nel cuore del diritto civile, <<EUROPA E DIRITTO PRIVATO>>, 2016; (2): 293-333 [http://hdl.handle.net/10807/101820]
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10807/101820
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