From Cass., SS.UU, 2008, to Cass. civ., section III, 17 January 2018, n. 901 – reflections on non-economic loss.
Abstract. The following work intends to deal with the problem of human life’s monetization in a so deeply concerned media-time. In particular the article wants to put in evidence the quantification of the damage compensation referred to road accidents, accidents at work, medical malpractice damages and damages in general, outlining the jurisprudential evolution of the so called “biological damage”. Thanks to an analysis of jurisprudence there is the aim of specifying the nature of a compensation of a good for itself not compensable as human life is priceless. Defining the ideas of patrimonial and no patrimonial damage, biological damage, moral damage and suffering of the soul will help to understand the way the legislator and magistracy have approached so complex a question highlighting the jurisprudential news on this very impressive aspect, not only for the victim but also for the victim’s relatives (damage of lost parental relationship).
SUMMARY: 1. Introduction. – 2. The qualification and quantification of non-economic loss. – 3. The items of non-economic loss. – 3.1. Focus on biological damage. – 4. Non- economic loss caused by loss of the parental relationship in the event of road injury and/or homicide. – 4.1. Compensation for biological damage in favor of the heirs. – 5. The indemnifiable heirs iure proprio damages to the. – 6. Concluding remarks.
To read the Reflection, click on “open file”.
To download the motives for the “San Martino Judgements” by Cass., SS.UU., November 11, 2008 (nn. 26972 , 26973 , 26974 and 26975 ) click on the single judgement.
To download the motives for the sentence by Cass. Civ., sect. III, 17 January 2018, n. 901, click here.
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