Friday, 29 November 2013 01:43

The injury existential compensation!

Cassazione-Esterno-2-ImcThe biological damage , the moral and the dynamic - relational otherwise be described as " existential " prejudices are not ontologically different and all recoverable assets . However, although it is not permissible , in our system, the separate category of " existential damage " , what matters , for compensation purposes , that is , where occurred prejudices arising from injury to the interests of the person with constitutional status , or arising made - from crime , they are already the subject of appreciation and the payment by the trial judge , noting that nothing in the latter liquids them under the heading of non-pecuniary damage them or retract according to the tradition passed under the label " existential damage " .

Published in Civil

veicoliCourt of Appeal - Criminal Section VI - Order of 13 November 2013 n. 25538

On limitation of compensation for damage caused by vehicles, the application of the second part of the third paragraph of Art. 2947 c.c., namely the limitation of five years, and not the longer one provided for in cases where the conduct constitutes an offense, requires that it should not be of any criminal sentence but only to judgments that do not declare the extinction of the offense for prescription andat is, judgments of conviction or acquittal for reasons other than the above-mentioned species. This was established by the Supreme Court in its judgment 25538/2013.

Published in Criminal Law