Le nuove frontiere della responsabilità civile: i danni punitivi

Abstract

This Phd thesis focuses on the evolution of tort law and on the concept of punitive damages. In order to analyse how the civil liability nowadays acts, worth noting is to investigate how different forms of ultra-compensative restoration are able to operate in a system which supports a monofunctional liability perspective. The interesting metamorphosis undergone by italian contest represents the research base which allows investigation in new prospective: the forced dialogue between italian and international Courts, the innovative approach to studies of “Economic analysis of law” and the intention to repel the jheringhiano brocardo “nullum crimen sine culpa” are factors which contribute to review italian tort law framework. After the Court of Cassation ruled about the compatibility of punitive damages with the system (sent. 16601/2017), bacame manifest what doctrinal tradition argued for a long time, when glimpsed shades of prevention, deterrence and punishment, also in tort law and civil law. [edited by Author]