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Minerva Medicolegale 2011 December;131(4):107-18

Copyright © 2012 EDIZIONI MINERVA MEDICA

language: Italian

The category of non-pecuniary damage and legal positions are protectable

Ricci S. 1, Massoni F. 1, Feola T. 1, Miglino A. 2

1 Dipartimento di Scienze Anatomiche, Istologiche, Medico Legali e dell’Apparato Locomotore, Università degli Studi, “La Sapienza”, Roma, Italia; 2 Università degli Studi, “La Sapienza” Roma, Italia


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The assessment of the damage to that person is a liability and complex task particularly for operators of Justice, and specifically for the medical-legal, given the difficulties in the theory and practice to specific cases, without ever regardless of uniqueness of the person being assessed and the existence of the same original specification. In the paper critically examines the current system of protection for equity against the non-pecuniary damage to the person, there where it seems not to admit the claim for infringement of rights arising out of sub-constitutional source of legislation. In our opinion, the study of the group of protected legal positions leads to argue that damages should apply the penalty for violating the rights of all non-capital required by law, whatever the rank of the legislation and the legislative technique of establishing rights. And is desirable, in conclusion, that the system is rebuilt, and adapted in a more realistic and factual rules linking the equivalent of no protection to the rank of the source of law, constitutional or ordinary sub routine. But, whenever they are violated provisions guaranteeing that protect goods of life is not capable of economic assessment and anchoring it to the existence of a valid causal link between the tort and the injury caused.

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