The Italian Law Journal | ItaLJ

3 THE ITALIAN LAW JOURNAL NO. 2 (2017)

The Grand Chamber’s Stand on the Punitive Damages Dilemma

by Letizia Coppo

It is a truth universally acknowledged that corrective justice is the pillar on which the whole system of remedies rests in principle and modern tort liability revolves around the idea of compensation. Deeply anchored to that conception, Italian case law has been impervious to punitive damages, on the grounds of their alleged inconsistency with public policy, until its latest developments. Starting from the recent judgment by the Italian Grand Chamber on the punitive damages dilemma, this article provides some food for thought about such evolution and the criticalities left unsolved.

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