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Legal Liability

Legal Liability

Identification of the subject who suffers the cost for the infringement of a third party right.

Legal liability identifies the subject who suffers the cost for the infringement of a third party right.

Legal liability falls into the broader category of juridical liability, aimed at identifying the subject who suffers the cost for the infringement of a third party right.

Liability in tort is the second most important obligation source. Legislation in the matter of civil liability is not yet comprehensive, but tort is progressively gaining importance over time. The key notion around which the entire system of civil liability revolves is damages. In this respect, a distinction is worth making:

  • the damage-event, i.e. what the law defines as “unjust damage”: this refers to the infringement of a legal situation protected by law;
  • the damage-consequence: this refers to the whole set of prejudicial consequences that the victim subjected to tort has suffered as a consequence of the infringement of the legal situation the same person is entitled to.

Damages are classified as follows:

  1. financial damages: with direct economic impact;
  2. non-financial damages: including biological damages, moral damages and all the possible prejudicial consequences devoid of any economic relevance by definition.

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