Download This PaperLa Corte costituzionale, l’illecito ed il governo della colpa (The Italian Constitutional Court and the Assessment of Fault in Tort Law)
M. Bussani (ed.), La responsabilità civile nella giurisprudenza della Corte costituzionale, E.S.I.: Naples, 2006, 3-44
25 Pages Posted: 11 Jan 2013 Last revised: 10 Jan 2022
Date Written: January 10, 2007
Abstract
Under Italian law, the (only) court competent to solve constitutional questions – the Constitutional Court – is often required to verify the constitutionality of tort law rules. Focusing on the Constitutional Court’s pronouncements about the notion of fault in tort liability, the paper aims to investigate how the Court performs its role in a field where judicial review is seldom aimed to the scant legislative tort law rules, and most of the times targets the way in which ordinary courts, including the Court of Cassation (i.e. the Supreme Court in civil matters), apply tort law rules, and set the fault standard(s).
Keywords: Tort Law, Italian Law, Constitutional Law
JEL Classification: K13
Suggested Citation: Suggested Citation