The essay addresses the issue of compensating the damage from loss of chance in light of European private law in fieri and new jurisprudential directions and doctrinal positions. The basic thesis is that the damage from loss of chance is not open, in Italian law, to compensation ex.art 2043 c.c., but it’s merely a case of infringement property damage. Moreover, the injury should be ascribed to the category of ceasing profit, in turn, identified with the loss itself and not equal to the desired and affected end result. The conclusion is that the chance coincides with a reasonable expectation sheet and can be compensated when the probability that it occurs assumes the nature of gravity and is connected by a causal link to the failure of a bond or breach of a duty to accuracy or security, even as the autonomous nature of a contract.
Mazzamuto, S. (2010). Il danno da perdita di una ragionevole aspettativa patrimoniale. EUROPA E DIRITTO PRIVATO, 1, 49-89.
Il danno da perdita di una ragionevole aspettativa patrimoniale
MAZZAMUTO, Salvatore
2010-01-01
Abstract
The essay addresses the issue of compensating the damage from loss of chance in light of European private law in fieri and new jurisprudential directions and doctrinal positions. The basic thesis is that the damage from loss of chance is not open, in Italian law, to compensation ex.art 2043 c.c., but it’s merely a case of infringement property damage. Moreover, the injury should be ascribed to the category of ceasing profit, in turn, identified with the loss itself and not equal to the desired and affected end result. The conclusion is that the chance coincides with a reasonable expectation sheet and can be compensated when the probability that it occurs assumes the nature of gravity and is connected by a causal link to the failure of a bond or breach of a duty to accuracy or security, even as the autonomous nature of a contract.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.