Risarcimento del danno imprevedibile o latente e limiti dell'efficacia preclusiva del giudicato

This article concerns second suits for compensation after final judgments for damages concerning the same triggering event. The author underlines that the res judicata effect does not preclude the admissibility of requests for compensation for unforeseeable or latent damages, not awarded by previous decisions. Should the judges be required to rule on future damages they cannot warrant a compensatory award, unless they may deem that damages will occur after the decision according to a high degree of probability. For this reason, if unforeseeable damages for the judge of the first proceedings arise, the damaged party may file a second suit. Accordingly, the same principle is applicable to latent damages not ascertained by previous judgements, when in the first proceedings was reasonably impossible for the judge to determine their existence.