4 THE ITALIAN LAW JOURNAL NO. 2 (2018) Old and New Trends in School Liability by Emanuele Tuccari The paper investigates the double ‘contractual relationship’ (due to the enrollment of minors in school and to the ‘social contact’ between teachers and pupils), reflecting on the liability of the educational institutes in cases of damage inflicted by pupils on themselves and damage caused to a pupil by a third party. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
In particular, the regulation of the school’s liability for damage caused by a third party outside the school has been significantly modified, giving parents the possibility of authorizing schools attended by their children to allow them to leave school premises freely at the end of lessons. This authorization exempts educational institutes from any liability connected with the performance of their supervisory obligation.
