Il risarcimento in forma specifica dei danni patrimoniali e la tutela del valore d’uso

Abstract

The essay addresses the issue of the unreasonable onerousness of "monetary" compensation in specific performance for so-called uneconomical repairs. The Author, after critically reconstructing the current jurisprudential and doctrinal orientation that limits compensation under Article 2058 of the Italian Civil Code to the market value of the damaged item, aims to demonstrate that this form of compensation may result in a higher "cost" for the injuring party where it is necessary to restore the lost utilities of the injured party.