Since the Middle Ages, the European civil law tradition has been characterized by a tendency to identify the non-contractual damage with the Aquilian damage. This has caused, in the Italian civil law, the difficulty to identify the contractual or non-contractual nature of those damages that neither arise from a contract nor coincide with material injuries: the so-called pure economic loss. The research attempts to reconstruct, moving from the Roman law, the complexity of the notion of non contractual damage, particularly focusing on the history of the actio de dolo, in order to offer an historical-dogmatic basis for a better understanding of some problems in the modern law systems.[...]
L'eredità dell'actio de dolo e il problema del danno meramente patrimoniale
CURSI, MARIA FLORIANA
2008-01-01
Abstract
Since the Middle Ages, the European civil law tradition has been characterized by a tendency to identify the non-contractual damage with the Aquilian damage. This has caused, in the Italian civil law, the difficulty to identify the contractual or non-contractual nature of those damages that neither arise from a contract nor coincide with material injuries: the so-called pure economic loss. The research attempts to reconstruct, moving from the Roman law, the complexity of the notion of non contractual damage, particularly focusing on the history of the actio de dolo, in order to offer an historical-dogmatic basis for a better understanding of some problems in the modern law systems.[...]I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
