Illeciti endofamiliari e sistema della responsabilità civile nella prospettiva dell' European Tort Law

Abstract

The difficult genesis of European Tort Law pushes the Author to investigate whether the traditional damages reimbursement system is compatible with the legal discipline of family relations. Once described the two main doctrinal thesis dominating the landscape - one favorable to the applicability of the traditional reimbursement remedies of common civil law also to the family law sector; the other prone to the applicability of contractual liability - the Author carries out a deep investigation with respect to the objections opposed to the applicability of the ex delicto liability to family relations. On the basis of the most recent joint-chambres judgements of the Italian Supreme Court of Cassazione the Author finds a direct structural parallelism between illegal conducts within the family and the general paradigm of civil liability. In the perspective of a european common law of Torts, the Author recalls the fundamental enforcement role of the "de damno" liability once referred to non pecunuary damages