3 THE ITALIAN LAW JOURNAL NO. 2 (2017)

The Civil Wrong between Private Relationships and Social Order 

by Anna Lasso

A new approach to the functions of liability allows the observation of civil wrong from two different perspectives: the relationship between the wrongdoer and the injured party and the system of values in its natural aspiration to stability. The unjust harm caused by the wrongdoer may entail the reinstatement of the victim’s property and the concomitant protection of important social interests. The Roman tradition, the law-making process of the Middle ages, the experiences of some European countries and the recent case law evolution show the continuous swinging of civil liability between the compensatory function for the damage caused and the punitive sanction for the wrongful conduct.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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