‘Quod non iure factum est, hoc est contra ius’. Brevi note in tema di eccesso di condotta

The essay critically summarizes the main sources concerning the ‘excess of conduct’. This situation occurs when an individual exceeds in their behavior, violating the rules underlying the legitimate exercise of that same conduct. The privileged sector of implementation of this concept is the one identified by the lex Aquilia: indeed, the conduct will no longer be just and will be sanctioned by way of iniuria/culpa. In this context, the excess of conduct operates as a ‘barrier’ to the application of a cause of justification, entailing an expansion of the acting subject’s area of responsibility whose roots reside in the profile of the procedural legitimacy to the actio legis Aquiliae - in its different forms - in potential cumulation with other actiones.