RESPONSABILITÀ DELL’INSEGNANTE EX ART. 2048, II COMMA, COD. CIV., ANCHE PER L’ALLIEVO MAGGIORENNE? IL REVIREMENT DELLA SUPREMA CORTE

Abstract

Decision n. 2334/2018 by Corte di Cassazione represents a revirement with regards to the liability of teachers and more generally, instructors, since it admits these subjects are responsible also for students who are eighteen or “almost eighteen” years old. More specifically, tough, the Court also specifies that at the same time being eighteen plays a relevant role in the burden of proof that, as it is well known, it is established to come from the teacher. The latter will have only to prove the age of his students in order to avoid his responsibility since the harmful event is a casual occurrence.