Il nesso di causalità

Abstract

The essay deals with the issue of causation in private law, referring to the broad debate that commits the scholars of criminal law. The basic idea is that in the area of private law, both in the law in action and in the reflections of the doctrine, the causal judgment must be conducted more rigorously. The study proposes to apply in a more inflexible way the model of judgment already experimented in criminal law, corrected with the necessary adaptations to the characteristics of liability in private law and of the civil trial. The proposed model is structured on two levels: the general one of a nomologicaldeductive nature (general causation) and the other concrete one based on logical probability (individual causation). The essay proposes a review of the widespread rule of “more likely than not”, placing this criterion on the level of individual causality. Finally, has been developed a critique of the theses, mostly of doctrinal extraction, favorable to the c.d. proportional liability.