The authors provide an in-depth analysis of biological damage caused by death, based on their experience of several medico-legal cases. Over the past two decades, jurisprudence has given rise to a plethora of interpretations. All of these, although different in terms of basic concepts and problem-solving approach, have in common the need to protect the loss of a fundamental aspect in civil law such as life. However, the compensation of maximum injury, culminating in the death of the holder of that right, has been challenged by some questiones facti and questiones iuris. The questiones facti include the identification of a sort of conventional value of the human being, acceptable to all law officers, to be used as compensation in the event of death; the need to convert into monetary value what is outside of any monetary consideration, such as the loss of a loved one; the problem of unmarried couples and the death of the cohabiting partner, as opposed to the death of a member of a legally married couple; the judges’ need to identify a real "ranking of affections" between the deceased and his/her loved ones, and thus calculate a commensurate compensation. The questiones iuris mainly include the evaluation of damage caused by the loss of a loved one, according to the criteria established by Act 2043 c.c. or, alternatively, Act 2059 c.c. and, consequently, the need to re-appraise the entire system of civil liability; the evaluation of legitimacy of the relationship between the deceased and the proposed heir(s) (iure proprio and/or iure hereditatis); the method of compensation for damage.
|Titolo:||Danno biologico da evento mortale|
|Data di pubblicazione:||2011|
|Appare nelle tipologie:||2.1 Contributo in volume (Capitolo o Saggio)|