After ten years from the end of work of the Study Group on a European Civil Code, the occasion is given the author for a reappraisal of Chapter VI on Non-Contractual Liability Arising out of Damage Caused to Another. Having explained the reasons of this title, first examination is dedicated to the legally relevant damage, conceived as corner stone of the entire subject. Emphasis is given to the similarity of it to danno ingiusto of art. 2043 of the Italian civil code. Mention is made of the doubtful rejection of unlawfulness, as a category which has resulted problematic in the German experience but proves to be useful from the perspective of justificatory grounds. Attention is given to causation, and finally to the criteria of accountability, following the bifurcation between subjective and objective liability.
Castronovo, C., La responsabilità extracontrattuale nei Principles of European Law. Una rivisitazione, <<EUROPA E DIRITTO PRIVATO>>, 2022; 2022 (1): 1-20 [https://hdl.handle.net/10807/271797]
La responsabilità extracontrattuale nei Principles of European Law. Una rivisitazione
Castronovo, Carlo
2022
Abstract
After ten years from the end of work of the Study Group on a European Civil Code, the occasion is given the author for a reappraisal of Chapter VI on Non-Contractual Liability Arising out of Damage Caused to Another. Having explained the reasons of this title, first examination is dedicated to the legally relevant damage, conceived as corner stone of the entire subject. Emphasis is given to the similarity of it to danno ingiusto of art. 2043 of the Italian civil code. Mention is made of the doubtful rejection of unlawfulness, as a category which has resulted problematic in the German experience but proves to be useful from the perspective of justificatory grounds. Attention is given to causation, and finally to the criteria of accountability, following the bifurcation between subjective and objective liability.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.