Dissertations / Theses on the topic 'Risarcimento'
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FERRERO, ANTONELLA. "CAUSALITÀ, RISARCIMENTO E SCELTA DEL DANNEGGIATO." Doctoral thesis, Università degli Studi di Milano, 2019. http://hdl.handle.net/2434/612964.
Full textTine', Caterina <1989>. "Risarcimento del danno patrimoniale e non patrimoniale." Master's Degree Thesis, Università Ca' Foscari Venezia, 2015. http://hdl.handle.net/10579/6758.
Full textBuoso, Anna <1986>. "Il risarcimento diretto nel Codice delle assicurazioni private." Master's Degree Thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/2417.
Full textFavero, Mila <1992>. "Il risarcimento del danno nel diritto della concorrenza." Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/13384.
Full textCevolani, Nicolo' <1991>. "Tre statuti del prodotto vaccinale. Prevenzione, risarcimento e indennizzo." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9869/1/Tre%20statuti%20del%20prodotto%20vaccinale.%20Prevenzione%2C%20risarcimento%20e%20indennizzo.pdf.
Full textThe regulation of the vaccine product unfolds its rules on three grounds: prevention, compensation and indemnification. The immunological drugs, indeed, triggers rules on product safety, civil liability and social security.
Sirto, Roberta <1991>. "I crimini di guerra giapponesi e la politica del risarcimento." Master's Degree Thesis, Università Ca' Foscari Venezia, 2017. http://hdl.handle.net/10579/10445.
Full textMariottini, C. M. G. "INADEMPIMENTO CONTRATTUALE E RISARCIMENTO DEL DANNO NEL DIRITTO INTERNAZIONALE PRIVATO." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/153107.
Full textFestanti, Federico. "I metodi per la valutazione della proprietà intellettuale: contraffazione e risarcimento danni." Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2016.
Find full textRicciardi, Angela. "Dall’illecito efficiente ai punitive damages. Il risarcimento del danno da illecito antitrust." Doctoral thesis, Universita degli studi di Salerno, 2018. http://elea.unisa.it:8080/xmlui/handle/10556/4286.
Full textThe research originates from problems mentioned during the debate on the “efficient tort”. The term refers to the category of those actions, normally characterised by high levels of infringement, likely to produce a profit for the damaging part much greater than the loss incurred by the injured party. Therefore, the attention focused particularly on the most appropriate remedy for the identification of the right classification of this surplus value. Having excluded the other ways, the instrument has been found in the civil responsibility. More specifically, the research confers, to this responsibility, a sanction value, beyond the compensatory one, distancing itself from the traditional opinion. On these bases, the attention focused on the new regulation of the private enforcement in the field of “illecito antitrust”. The reference is to the latest D.Leg 19 January 2017 n. 3 intervened in the implementation of the Direcrive 2014/104 UE. This new regulation, maintaining the prohibition of overcompensation, in a field like the one in question, where the needs of deterrence are evidently revealed, exposes itself to various censures from the point of view of the constitutional legitimacy. Hence the attempt to provide a costitutionally oriented interpretation of the law in question that, hopefully, will be able to enlighten the future activity of the law and the legislator. [edited by Author]
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Ruggiero, Perrino Claudia. "Intollerabilità della convivenza. Dalla violazione dei doveri coniugali con addebito della separazione al risarcimento del danno." Doctoral thesis, Universita degli studi di Salerno, 2015. http://hdl.handle.net/10556/1940.
Full textNell’ambito dei rapporti familiari e della tutela dell'individuo si sono presentate nuove problematiche e questioni con riferimento alle quali si assiste alla predisposizione tanto sul piano legislativo, quanto in sede di interpretazione ed applicazione giurisprudenziale, di strumenti di tutela sempre più incisivi. Certamente superato un presunto principio generale di “immunità” − che, invero, a differenza di quanto avvenuto negli Stati Uniti d’America a partire dalla fine del XIX secolo, non risulta mai essere stato né codificato né affermato negli ordinamenti europei – anche le relazioni familiari si confrontano oggi con l’espansione, talvolta prorompente, della responsabilità civile e impongono all’interprete il delicato compito di delineare i limiti al rimedio risarcitorio connaturali alla peculiarità di una relazione interpersonale caratterizzata non soltanto da diritti o doveri reciproci, ma soprattutto dal fondamento naturale del vincolo affettivo e/o biologico. La giurisprudenza italiana manifesta sempre maggiore consapevolezza della necessità di rendere le condotte poste in essere in violazione degli obblighi coniugali e genitoriali oggetto di valutazioni giuridiche compiute sul piano dell’ “ingiustizia” del danno e della necessità di garantire l’adeguato ristoro ai pregiudizi della personalità dei singoli componenti della famiglia. Con specifico riferimento ai rapporti tra coniugi, la tassatività degli effetti dell’addebito fa sì, nella pratica, che il coniuge economicamente più debole (non obbligato, pertanto, al mantenimento dell’altro), pur in presenza di gravi violazioni degli obblighi coniugali, preferisca alla richiesta di addebito la domanda di risarcimento del danno non patrimoniale ex art. 2059 c.c. L'obiettivo della ricerca - nel corso della quale verrà privilegiato l'approccio comparatistico - consiste pertanto nell'individuazione e nell'analisi delle ipotesi di responsabilità civile, che, nell'ordinamento italiano ed in quelli stranieri, risultano collegate all'esistenza e all'esercizio delle situazioni soggettive inerenti ai rapporti familiari. Inoltre, la ricerca si propone di verificare quali siano i mutamenti, strutturali e funzionali, verificatisi nell'ambito della responsabilità civile in relazione al diritto di famiglia... [a cura dell'Autore]
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CENICCOLA, Enrico. "Risarcimento per equivalente e reintegrazione in forma specifica nella materia degli appalti pubblici." Doctoral thesis, Università degli studi del Molise, 2010. http://hdl.handle.net/11695/66371.
Full textThe topic related to public procurements is a valid exercise in order to elaborate new and more effective tools of protection. In fact, for the first time in Italy the law n. 142/92 provided for the damages protection on behalf of enterprises involved in public competitive biddings. The Cassazione in 1999 with the decision n. 500 recognized on behalf of the enterprises involved in public competitive biddings damages as protection of the class having a common interest, apart from the adjudication annulment. Being in a continuous evolution the legislative and jurisprudential framework, the essay analyzes the relationship between specific compensation and damages, starting from a synthetic analysis of the relationships between those two forms of protection provided by the Civil Code, analysing also the “adaptation” of principles of the public contracts. In particular, the thesis outlines theories that doctrine and jurisprudence created on the P.A. liability, overcoming the initial Cassazione’s reconstruction, organizing the liability within the tort liability in order to draw it up to the contractual liability, using the old theory of the factual contractual relationships, or analysing the original theory appreciating the peculiarities of the “pretensivo” class having a common interest. Further question examined – having a relevance on the relationships between damages and specific compensation – is the administrative preliminary, analysing the contrast between the ordinary and administrative jurisdiction. The contrast seems to have a legislative solution, based on the principles contained in the new directive on the petitions – of whom the most important innovation are considered that appreciate the protection effectiveness trough a wide application of the specific compensation – attributing to the administrative judge an exclusive jurisdiction (also concerning the contract). Therefore, the possibility for the administrative judge to provide effective protection “reintegratoria” through the recognition of the possibility for the court to order the administration to a specific positive act, or order the administration to contract with a legitimate contractor. In this regard it is noted that in recent years doctrine and the case has been compared by giving stronger powers to the administrative judge to the point of a set in our legal action compliance. This doctrinal position seems to have been implemented by the legislator who introduced the scheme of the new administrative code alongside the traditional measures of performance also action.
COLOMBI, CIACCHI AURELIA. "IL RUOLO DELLE ASSOCIAZIONI NEL RISARCIMENTO DEL DANNO AMBIENTALE: L'ESPERIENZA ITALIANA, TEDESCA E STATUNITENSE." Doctoral thesis, Università degli studi di Trieste, 1997. http://thesis2.sba.units.it/store/handle/item/12714.
Full textCalzolari, L. "RISARCIMENTO DEL DANNO DA ILLECITO ANTICONCORRENZIALE E TECNICHE ALTERNATIVE DI APPLICAZIONE PUBBLICA DELLA NORMATIVA ANTITRUST." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/345986.
Full textFittante, Anna. "La restituzione del profitto illecito tra responsabilità civile e arricchimento." Doctoral thesis, Luiss Guido Carli, 2021. http://hdl.handle.net/11385/205900.
Full textFrancisetti, Brolin Matteo <1981>. "Profili problematici del risarcimento del danno non patrimoniale da inadempimento: il nuovo diritto tedesco delle obbligazioni." Doctoral thesis, Università Ca' Foscari Venezia, 2008. http://hdl.handle.net/10579/671.
Full textGaiba, Vanessa. "La valutazione della proprietà intellettuale: il calcolo dei danni da violazione." Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2016.
Find full textSPADARO, NADIA SIMA. "Inerzia della pubblica amministrazione e tutela risarcitoria." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2013. http://hdl.handle.net/10281/40193.
Full textZAPPATORE, FRANCESCO. "Missed chances and reflections: a research on punitive damages." Doctoral thesis, Università di Siena, 2022. http://hdl.handle.net/11365/1205938.
Full textMiceli, Carla Maria. "Il danno da perdita di chance." Doctoral thesis, Università di Catania, 2013. http://hdl.handle.net/10761/1362.
Full textGriffoni, Anna <1984>. "Assicurazione nel trasporto aereo, marittimo e ferroviario di persone: responsabilità del vettore in caso di morte o lesione dei passeggeri ed entità del risarcimento." Master's Degree Thesis, Università Ca' Foscari Venezia, 2015. http://hdl.handle.net/10579/6168.
Full textDE, LUCA GIULIA. "L’EFFICACIA DEL PROVVEDIMENTO DELL’AUTORITA’ GARANTE DELLA CONCORRENZA E DEL MERCATO NEI GIUDIZI DI RISARCIMENTO NELLE CONTROVERSIE DEL GIUDICE CIVILE IN MATERIA DI TUTELA DELLA CONCORRENZA." Doctoral thesis, Università degli studi di Pavia, 2022. http://hdl.handle.net/11571/1459412.
Full textDE, LUCA GIULIA. "L’EFFICACIA DEL PROVVEDIMENTO DELL’AUTORITA’ GARANTE DELLA CONCORRENZA E DEL MERCATO NEI GIUDIZI DI RISARCIMENTO NELLE CONTROVERSIE DEL GIUDICE CIVILE IN MATERIA DI TUTELA DELLA CONCORRENZA." Doctoral thesis, Università degli studi di Pavia, 2022. http://hdl.handle.net/11571/1459408.
Full textMazzoletti, E. "NULLITA', LA TRADIZIONE, IL NUOVO SISTEMA:DAL RISPETTO DELLA PAROLA DATA AL CONSENSO INFORMATO." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/156618.
Full textPicciau, C. "LA RESPONSABILITÀ DELLE AGENZIE DI RATING PER DIFFUSIONE DI GIUDIZI INESATTI SUL MERCATO FINANZIARIO." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/250280.
Full textPicunio, Maria Laura. "Le conseguenze indennitarie del licenziamento illegittimo." Doctoral thesis, Università degli studi di Padova, 2019. http://hdl.handle.net/11577/3425805.
Full textRUGGIERO, ALESSANDRO. "Le Clasuole penali nel diritto del lavoro." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2010. http://hdl.handle.net/2108/1439.
Full textFrom the legal point of view The compensation for damage is a very important subject, in relation to the contract conditions (art. 1218 Civil Code), Extra-contract conditions (art. 2043 Civil Code), property damage (artt. 1223 ss. cod. civ), no property damage (art. 2059 cod. civ.) or in relation to the quantification and procedural analysis, the penal clauses have been much studied both in doctrine or in jurisprudence or in positive rights. There are many legal factors in the damage analysis and it is impossible make a study only trough civil law, criminal law or administrative law. Human relations are The most important fact to consider, the law has led to neglect the type of abuse to protect the person who has suffered damage, this is the “aquiliana” responsibility circumstance, in a legal case must be considered only the evidence to identify responsibilities and the compensation. The legislature has provided sanctions categories in relation to the contract, to quantify the economic loss, suffered by the victim without too much weight for the tortfeasor. Regulations provide only a financial penalty. In private law the compensation beneficiary is a third person between the aggrieved and the tortfeasor. Instead in the case where the injured must fulfill in consideration of the damage, this has never The main object of the contractual relationship but a surrogate chosen by the court in relation to the injury. regarding the performance kind , The penal clauses (P.C.) are not executive, the penalty clause begins when the damage was did, in that case the damaged receives an Economic compensation for the damage. the specific performance, not replace principal obligation with an ancillary, It takes the form for to ensure substantive law to the realization of what had. On the work matter, there is a case in which the ancillary service provided by the penalty clause, takes on the character of performance enforced to the main service not performed. Article 18 (italian art.18 stat. lav.) case, the dismissal by employer without just cause as to marriage or motherhood or discrimination. The penalty clause provides not only financial compensation but also patrimonial and contributions, paid by the employer. The law invalidates decision of expulsion and obliges the employer to take on again the worker, considering the dismissal illegal, unenforceable or void. The employer must pay just compensation, in order Unpaid salaries. Compensation technique allows full compensation for the illegitimate dismissal, the employee gets a salary; So he can buy food for himself and his family, get pension support and welfare support, A worker who gets the job again, will not lose these benefits. The legislature has decided to protect through criminal law or juristic the weaker person in an employment contract, the worker is well protected. As in the following examples: Art. 8 of Law No 604 of 1966 or supplementary allowance provided for managers from collective bargaining agreements or the indirect coercive measures contemplated by the last paragraph of Article 18 in favor of managers R.S.A. unlawfully dismissed and those governed by art. 28 of the Statute of workers in response to anti-union conduct of the employer. The case of penalty clauses in individual relationships, where is not possible close the employment before a certain time. In conclusion, I can say that the penalty clause has a compensation function, using a benefit flat-rate that has nothing in relation with their performance in nature. Thanks to the ancillary performance through negotiation or legal clauses.
PROVENZANO, KATIA ELISABETTA. "IL DANNO PSICHICO ALLA PERSONA DEL LAVORATORE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2009. http://hdl.handle.net/10280/645.
Full textThe thesis analyzes to the topic of the damage to the psychical health and in particolar way the mobbing. The thread conductor of the thesis is given from art. the 2087 c.c norm not only of reference, but also point of departure of the search. From this in fact the guidelines are circulated as well as the theory of the contractual responsibility how much several offers of not legal sciences. The topic of the single health is faced not understanding in its physical dimension, but also psychical. Some understood them are dedicate you to the phenomenon of the mobbing and to the relationships with other institutes it codifies to you, of special legislation and with the counterfeit of the cooperative field. At last, understanding it is dedicated it to the damages, to the consequences deriving from the violation of the good health and to the possible tipologie of compensation in the within of the bipartition it gives patrimonial and it gives not patrimonial: in order at last to lead back the phenomenon of the mobbing in particular and the damage to the psicofisica health in general terms in the within of the not patrimonial damage.
PROVENZANO, KATIA ELISABETTA. "IL DANNO PSICHICO ALLA PERSONA DEL LAVORATORE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2009. http://hdl.handle.net/10280/645.
Full textThe thesis analyzes to the topic of the damage to the psychical health and in particolar way the mobbing. The thread conductor of the thesis is given from art. the 2087 c.c norm not only of reference, but also point of departure of the search. From this in fact the guidelines are circulated as well as the theory of the contractual responsibility how much several offers of not legal sciences. The topic of the single health is faced not understanding in its physical dimension, but also psychical. Some understood them are dedicate you to the phenomenon of the mobbing and to the relationships with other institutes it codifies to you, of special legislation and with the counterfeit of the cooperative field. At last, understanding it is dedicated it to the damages, to the consequences deriving from the violation of the good health and to the possible tipologie of compensation in the within of the bipartition it gives patrimonial and it gives not patrimonial: in order at last to lead back the phenomenon of the mobbing in particular and the damage to the psicofisica health in general terms in the within of the not patrimonial damage.
PISANI, ANDREA. "IL PROBLEMA DELLA RESPONSABILITÀ CIVILE COMPENSATIVA. STUDIO COMPARATO PER UN RIMEDIO RISARCITORIO EFFETTIVO." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2020. http://hdl.handle.net/10281/259328.
Full textThe present work aims to investigate the function and the structural rules governing the Italian Civil Liability (CL) by using the tools of comparative law. We focus on assessing whether the CL system currently in force and its implementation by the law makers is capable to fulfill its functional purpose. The first chapter focuses on the different purposes and rationales of the CL and critically evaluates the risk of an only-compensatory approach. Follows the analysis of the implications of such lack of remedial effectiveness and the intricated pathways of the courts to overcome said limitations.Noted the significance of a general remedy “punitive damages”- like, the chapter gives and discusses the reasons. Finally, the chapter introduces a novel and promising similitude between the human immune system reaction against diseases or potential threats and the CL reaction to a tort/breach of contract. That analogy, where appropriately developed and implemented into a numerical model, seems to have the potential to quantify the “effective response” from the CL. In the second chapter, a systematic analysis and classification of the current CL responses is performed based on three paradigms capable to fully catch the behavioural pattern and the subjective element of the tortfeasor: (1) compensatory damages, (2) indemnification, and (3) punitive damages; The cases of indemnification and “special” punitive damages are surveyed and a subgroup is analyzed in detail. The third chapter focuses on the comparative law, and a rationale is provided for the systems that have been identified for the comparison (United States and France). With regards to U.S., functions and structure of the punitive damages are analyzed; as well as the “constitutionalisation path” started from the early 90’of the last century. Emphasis is paid on the decisions of the state courts after the strong stance of the U.S. Supreme Court. With regards to France, the evolution of the reformation of the CL, (still in progress and discussed by the Parliament) is analyzed. Of interest is the character of the new “amende civile” that is being discussed among the French law makers. Lastly, in the fourth chapter, we propose a new layout of overcompensation for the Italian system; applicable within the boundaries of the positive law, identifying the associated operational hypothesis and limitations. We furthermore discuss the implications of an associated amendment of the Italian Civil Code that introduces said layout by law reform.
SAN, MARTIN NEIRA LILIAN CECILIA. "Del deber del acreedor de evitar o mitigar el daño." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2010. http://hdl.handle.net/2108/1281.
Full textWhen the breach of contract takes place, normally that situation cause damages to the creditor, and if the breach is imputable to the debtor he has to compensate the damages. Although the clarity of this legal maxim, is not always clear that the debtor has to respond for certain damages derived from the breach. That happens, for example, when the creditor has suffered damages but they have been deferred in time. On the other hand, it is not absolutely clear what attitude the creditor must adopt when he becomes aware about the break of the contract; the possibilities are: he must take no further action, that is to say, to let things take their natural course or act in a way that prevent further damages than the strictly inevitable. Before that dilemma, the answer seems to be evident; we should opt for the second alternative. In fact, the German (§ to it 254) and 1942’s Italian codes (article 1227) specifically say that the debtor does not respond for damages that the creditor had been able to avoid using the ordinary diligence. In this way are also UNIDROIT Principles, the Principles of European Contract Law (PECL) and the Convention for the International Sales of Goods (Vienna Convention). It is worthy to say that these norms are applied not only in case of contract liability, but also in case of liability outside the contract. Contrary to what happens in Europe and in the International contractual law, in Latin America nearly all civil codes don’t enshrines a disposition containing the duty of the victim to avoid or mitigate the damages; however, that does not necessarily mean that in a practical case, it cannot be applied at all; but in such a case, it is necessary to have a further study that allows our judges to apply the principle at issue with foundation. In conformity to such reasoning, the purpose of this job has been to determine if, in front of the lack of an express rule in subject, in the arrangements of law of the Civil law System, more specifically of the Latin American Subsystem, are or no refundable the "avoidable damages", that’s the damages materially attributable to the breach of the debtor, or in general to the injurious fact, but that the damaged part would have been able to avoid. In other words, it deals with answering the question if in the Latin American juridical Subsystem, exists or no the duty of the damaged part to avoid or to mitigate the damage. The answer to this question has been affirmative. In fact, the authoress has reached the conclusion that the Civil law system recognizes the existence of a duty (in the category of burden) to avoid or to mitigate the damages, capable of operate even where it has not been enacted with a special norm of law. In to establish the aforesaid conclusion, the most remarkable points have been the followings: 1) the origin of such duty, individualized in the classical Roman law, 2) its theoretical base, individualized in "the victim's negligence", 3) its historical course, 4) the survival of the such duty in Latin America, 5) the extension of the burden until the "reasonable effort."
BELINGUIER, RAIZ SARAH. "La réparation des dommages causés par le dirigeant social en droit français et italien des sociétés." Doctoral thesis, Università degli Studi di Milano, 2012. http://hdl.handle.net/2434/170939.
Full textFucile, Sandro. "Stabilità e condizioni di rivedibilità degli atti impositivi nell'evoluzione del sistema tributario." Doctoral thesis, Università degli studi di Padova, 2014. http://hdl.handle.net/11577/3423852.
Full textLo scopo del presente lavoro é quello di offrire un quadro approfondito degli aspetti che incidono sulla stabilità del provvedimento di imposizione tributaria, evidenziando i principi ispiratori del sistema, per come essi sono attualmente riconoscibili. Muovendo dallo studio delle forme in cui la definitività si estrinseca (definitività da omessa impugnazione, da condono, derivante dal consenso del contribuente) senza trascurare di vagliare, sul piano comparatistico, le soluzioni adottate in altri ordinamenti (capitolo I), la ricerca prosegue effettuando una disamina dei possibili strumenti di tutela avverso il provvedimento di imposizione definitivo, considerando, in particolare, i profili di rivedibilità degli atti delle agenzie fiscali (capitolo II), la configurabilità di un’azione di nullità nel processo tributario (capitolo III); il rapporto tra azione di annullamento e tutela risarcitoria (capitolo IV). Da ultimo, nel capitolo V, é preso in considerazione il rapporto, connotato da forte tensione sistematica, tra la definitività dell’atto impositivo e il principio di capacità contributiva
MURARO, BONATTO Fernanda. "L’illecito civile, i pregiudizi non patrimoniali e i danni esistenziali nei sistemi italiano e brasiliano: un’analisi comparata." Doctoral thesis, Università degli studi di Ferrara, 2013. http://hdl.handle.net/11392/2388922.
Full textLIBRICI, Pietro. "L’ILLECITO ANTITRUST DOPO LA DIRETTIVA 2014/104/UE." Doctoral thesis, Università degli Studi di Palermo, 2020. http://hdl.handle.net/10447/400297.
Full textSARACENI, BARBARA. "La revoca dell’amministratore di s.r.l. a confronto con l’ordinamento tedesco." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2011. http://hdl.handle.net/2108/202141.
Full textThe purpose of this legal research is the examination of the discipline of the director’s revocation of Italian limited Company “s.r.l.”, regulated by art. 2476 Italian Civil Code, after the corporate reform of 2003. Such a matter has been subject of numerous interpretations by the Doctrine and Jurisprudence, as it raises many systematic problems not yet resolved. The Art. 2476 c.c. is one of the most controversial points of Italian corporate law; the legislator of the reform, in order to maintain the s.r.l. autonomy, has joined more legal institutions in the same article, with the intention of emphasizing the partner’s figure in the social contract, the organization and management of company. Making a parallel with the same German rules, more detailed and more systematic than the Italian ones, it is possible to notice some key differences and thus take any possible ideas for future reforms. The thesis consists of six chapters. The first chapter (“Historical and normative context”) is dedicated to the introduction of the birth of “s.r.l.” and the “GmbH”. After a brief history, there is a general comparison between the company types of two different systems, analyzing the salient features of both the company reforms: the Italian one, relative to s.r.l., in 2003; the German one, relative to the GmbH, in 2008 (the so-called Law MoMiG), with particular care of the responsibility in both the legal systems. The topic of the second chapter (“Directors’ duties and responsibilities”) is the issue of legal responsibility management activity, which plays a key role in the governance of Italian and German limited liability company and it is prodromal to remove the director from his office, if he’s soiled himself with acts of mismanagement. There is an overview of the ABSTRACT II Art. 2476, comma 1, c.c. with respect s.r.l. and § 46 GmbHG of the German system, analyzing the directors’ duties, diligence executable and the legal consequences of their violation. The third chapter (“Partner’s control rights”) is dedicated to information and consulting rights granted to the s.r.l. and GmbH partners, respectively by art. 2476, comma 2, c.c. and by § 51a GmbHG. Italian law sets the topic “Partner’s control right” in the rule with regard to the responsibility and to the removal of the director, who is guilty of acts of maladministration. For s.r.l. a novelty is represented not only by the more wideness of the aforesaid control rights, but above all by the title attributed to each member, regardless of the share capital owned. Therefore the new arrangement of controls predominantly is left to the partner’s individual initiative, approaching the s.r.l. to the model of the individual companies. Here the procedures are analyzed to the exercise of the right to information and consultation of both the partners, s.r.l. and GmbH, even by trusted professionals. The directors’ power, then, is examined to withhold the release of the requested informations, in order to protect the social interest from the disclosure of corporate data deemed private. In the fourth chapter (“The action of social responsibility and the removal of the s.r.l. director”) the liability action is analyzed towards the director, guilty of misconduct, in relation to precautionary action of removal, in conformity with the Art. 2476, comma 3, c.c. In this case the legislator has abolished the previous reference to the s.p.a. and he has introduced “also” the possibility to remove the individual director by a preliminary injunction. Extensive review is dedicated to the director’s diligence and to his exemption of liability, especially with regard to the manifestation of dissent. The same chapter examines the not so peaceful question of the procedural substitution, or if the individual s.r.l. partner acts in the proceedings in his own name, but for a right of the company, that becomes necessary joinder in the liability action. Then, other procedural aspects of the liability action are examined, such as the company possibility to disclaimer or to settle the action, the repayment of the costs of litigation due to the individual partner claimant and the limitation of actions. ABSTRACT III The fifth chapter (“The precautionary action of the s.r.l. director’s removal”) examines the many issues surrounding the precautionary action of the s.r.l. director’s removal, in conformity with the Art. 2476, comma 3, c.c. The s.r.l. director’s removal, in fact, has been inserted by the 2003 reform only as a precautionary measure. In fact, the legislator is silent about the possibility of the director’s removal through extra-judicial remedies, which, however, are analyzed in the search. During the essay one notes that the Art. 2476, comma 3, c.c. is a much debated issue by the doctrine and the jurisprudence, which have highlighted the gaps left open by the provision. In the same chapter there is the review of the conditions of the precautionary action of removal, that is periculum in mora and fumus boni iuris. Then one analyzes the possible relationship between the precautionary action of the s.r.l. director’s removal and the subsequent action for liability, an issue that has generated several lines of thought, conflicting with each other. In addition, there is the examination of the possible introduction of the precautionary measure ante causam, before introducing the action for liability. Finally, one mentions the remote possibility of the director’s removal through the Judge (in conformity with the Art. 2409 c.c.), disappeared after the famous judgment of the Constitutional Court n. 481/2005, which has categorically excluded the applicability of that provision to s.r.l., even to those ones supplied with board of auditors. The last chapter, the sixth (“The GmbH directors’ removal and feedback with the Italian legislation”), relates to the director’s removal in the German law, as regulated by § 38 GmbHG, comparing it with the Italian law. The cardinal principle of the German legislature in terms of the company director’s removal is the directors’ extra-judicial free revocability, with the exception of the restrictions contained in the articles of association. One analyzes the assumptions and mode of the removal procedure, with an emphasis on practical cases. Even the German legal system, like the Italian one, knows the precautionary action of the director’s removal, which is governed by the general provisions regarding the precautionary measures of the ZPO. With regard to arbitration, one analyzes the arbitrators’ power to removal the director with a precautionary measure. Finally, completing the ABSTRACT IV comparison with the German legal system, there are the gaps of the Italian law in terms of director’s removal, highlighting analogies and differences with the matching German rules. In conclusion, attention is drawn, through some examples, to possible changes in Italian legislation regarding s.r.l. according to the GmbH, in order to make effective the protection of partner and creditors of the company, to attract investors and to avoid the dreaded generalized drain to other company models, whether Italian ones or foreigner ones.
Pisani, Federico. "Knowledge workers management. Concorrenza e invenzioni nel rapporto di lavoro subordinato: il modello statunitense." Doctoral thesis, Università degli studi di Padova, 2019. http://hdl.handle.net/11577/3425914.
Full textThis work addresses the issues of competition and inventions in the U.S. employment relationships. The research was carried out in part at the Boston University School of Law of, under the supervision of Micheal C. Harper, professor of Labour Law. The selection of the topic is justified in the light of its importance, given that in the new production organization, based largely on globalized knowledge, employees are now increasingly being asked for professionalism, innovation and creativity. The decision to examine this issue from the perspective of the "U.S. laboratory" is due to the primacy that this nation holds at international level on the economic, scientific and innovation of work processes, which bring out critical issues that in other Countries probably have not yet been raised. In order to frame the above-mentioned topics, it has become appropriate to give an account of the system of regulatory sources in the USA, with particular focus on the Restatement of Employment Law, i.e. the collection of fundamental principles developed over the years by common law in the field of employment relationships. The examination of the sources is followed by the definition of the concept of employee and self-employed worker (independent contractor), necessary for the assessment of the application of the obligations arising from the employment relationships, including the duty of loyalty, involved in the fiduciary law. In this context, the evolution of the case law has been observed, as well as the examination of the criteria relating to the distinction between employees and independent contractors, mainly concerning the judgement on the relevance of the factual elements determining the assessment of the existence of an employment relationship. Subsequently, this study addresses the issue of the typical form of the U.S. employment contract, the so-called employment-at-will. This peculiarity is originated from the principle that the parties are not bound by any obligation to provide reasons for termination. The third part of the work has as its object the discipline of competition of the worker carried out on the basis of the knowledge acquired, legally or illegally, during the relationship and the relative legal remedies for the employer, against the violation of the duty of loyalty, intended as an obligation of the employee to perform the work in the exclusive interest of the entrepreneur and, consequently, to refrain from engaging in prejudicial conduct against the company. About the remedies available in the event of breach of the obligations examined, the legal and equitable remedies that U.S. law offers the employer have been explained. The final part of this study deals with the rules governing the ownership of rights arising from inventions developed by employees in the course of their employment. The definitions of "invention" and "patent" and their relationship in the context of employment law has been examined and the difference between invention as a work of genius and intellectual property protected by copyright has been highlighted. In addition, the mechanisms underlying the basic rules governing the subject matter and their coexistence with the contractual freedom of the parties and their power to dispose of these rights have been observed.
ZILIOLI, Chiara. "Il risarcimento del danno derivante da incidenti industriali transnazionali." Doctoral thesis, 1992. http://hdl.handle.net/1814/4828.
Full textExamining board: Prof. Hans Ulrich Jessurun d'Oliveira, I.U.E., supervisore ; Prof. Tullio Treves, Università di Milano, supervisore esterno ; Prof. Tullio Scovazzi, Università di Genova ; Prof. Henry Smets, O.C.S.E. ; Prof. Christian Joerges, I.U.E.
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Romanò, Silvia. "Pena e risarcimento nel danno alla persona. Origini, strutture, funzioni." Doctoral thesis, 2022. http://hdl.handle.net/11562/1068346.
Full textTocci, Mario. "Il danno punitivo tra ordinamento giuridico comunitario ed ordinamenti giuridici statali." Thesis, 2011. http://hdl.handle.net/10955/854.
Full textMIGHELA, Consuelo. "Il risarcimento del danno non patrimoniale derivante dalla violazione dei doveri familiari." Doctoral thesis, 2013. http://hdl.handle.net/11562/567755.
Full textAfter a first part of the work concerning, in general, the matter of compensation for non-pecuniary damages, the thesis examines specifically the problem of the admissibility of the compensation for non-pecuniary damages resulting from the breach of the duties arising from the bond of marriage. For a long time in Italy the problem has been solved from the courts and the legal literature in a negative sense for various reasons, that can be related primarily to the specific sanctions provided by law for the breach of such obligations (for example, see the art. 151, comma 2 of the italian Civil Code) and to the unenforceability of marital duties with non-pecuniary content, as well as to the tendency to solve problems arising within the family without recourse to the court. Similarly, in Germany, where since the ‘50s the case law and doctrine have interested in this issue, the Supreme Court (Bundesgerichtshof) has always rejected claims for damages grounded on the application of § 823 of the BGB, since such provision has been traditionally interpreted as referring only to the protection of absolute rights, and it was considered that the violation of marital duties has to be reconnected exclusively to the consequences set, typically and exhaustively, by family law. In accordance with the increasing attention turned to the protection of the human rights, in the last ten years Italian case law has changed its opinion, recognizing that the violation of marital duties can lead to the application of the general remedy of compensation under articles 2043 and 2059 of the Civil Code, if the violation, due to its severity, has resulted in an infringement of fundamental rights of the spouse. In this regard, a part of the work is specifically addressed to the question of the nature of the liability of the spouse; in particular, it is analysed the possibility to apply analogically the discipline of contractual liability, since the damages at issue stem from the violation of specific obligations existing between certain subjects. After the examination of individual marital duties, a specific paragraph in the second chapter relates to the issue of liability of the third party who has been complicit in the violation of one of the conjugal duties (in particular, the duty of loyalty). The issue was generally resolved, both in doctrine and in jurisprudence, in the sense of the exclusion of liability of the third, because of his non-involvement in the conjugal relation, as the marital duties bind only the two parties of it. This solution has to deal with the idea that the liability of the spouse is a tort that arises from the infringement of fundamental rights of the other spouse, that are rights to which traditionally is recognized a protection towards everyone. With regard to the issue of damages in the relations between parents and children, to which is dedicated the last chapter of this work, I have examined, first of all, the problem of the damage descending from the breach of parenting duties, with particular attention to cases most common in practice, alleging breach of the duty to maintain the children, understood as deprivation of material assistance that may result in an impact not only on the pecuniary sphere of the victim but also on his personal life. I tried then to give an account of the possible areas of application of the tort law relating to the custody of children. In relation to this profile it was considered appropriate to separately analyse two distinct issues. The first relates to the indemnifiability of damage resulting from the violation of the right - duty to visit, especially in cases where the custodial parent prevents with his obstructionist behaviour the exercise of this right by the other parent. The second question concerns the discipline of art. 709-ter of the Civil Procedure Code, a provision introduced by Law n. 54 of 8 February 2006, which has attributed to the judge the power to order to a parent the compensation of damages suffered by the other parent or by the son, whenever "serious breaches" or acts that "hinder the proper performance of the mode of custody" or that, more generally, however compromise the minor. The application of this provision has raised many problems, examined in the last part of the thesis, with particular regard to the character of the remedies provided by the law.
COLANGELO, Margherita. "Accordo e risarcimento del danno: un confronto tra diritto civile e disciplina antitrust." Doctoral thesis, 2006. http://hdl.handle.net/1814/7072.
Full textBolognesi, Umberto. ""Il risarcimento nella perdita di chance da improbabile responsabilità, una nuova quadratura del cerchio"." Tesi di dottorato, 2009. http://www.fedoa.unina.it/3637/1/Bolognesi.pdf.
Full textVornicu, Roxana. "TRAVELLING WITH DAMAGES, OUT OF THE PUBLIC PROCUREMENT REMEDIES AND INTO COMPARATIVE PUBLIC LIABILITY. FOCUS ON THE ELEMENT OF FAULT." Doctoral thesis, 2015. http://hdl.handle.net/11562/906182.
Full textBidders aggrieved through decisions issued by public authorities during contract award procedures have a right to be awarded damages if the prejudice they suffered was the result of a breach of EU public procurement rules. This is provided under the Directives applicable to remedies in the field of public procurement law. The Remedies Directives created a compact, complex and coordinated system of remedial instruments applicable throughout the Member States. Despite that and unlike all the other remedies, damages are insufficiently regulated and very little coordinated. The remedy’s legal nature and regime are also quite controversial; damages are looked at by EU scholars as an ancillary remedy whose structure and regime should only be of EU law origin and by national judges as a remedy in tort or a classical claim for damages for the administration’s extra contractual liability. In such a complicated scenario, the CJEU, rather than clarifying the nature of the remedy and its exact mechanism, seems moreover to have complicated it by establishing a strict standard of liability. Since the remedy is scarcely regulated and there are no coordinated procedures applied by Member States in order to compensate aggrieved bidders, there have been suggested some sources of inspiration regarding the applicable law. The main one was the doctrine of Member States’ liability for breach of EU law. The study looks at the remedy’s construction at the EU law level and from there, shifts to the domestic legal reality, inquiring both its conceptual framing in the French and English legal orders as well as the way in which French and English national judges integrate and assess such claims. Our inquiry tries to understand which of the two approaches mentioned above should prevail, the EU or the national law approach and it almost immediately suggests the second one and then describes the framing of the claim in the French and the English legal realities. France and the United Kingdom have always had an enormous structural as well as philosophical difference of approach when granting damages for maladministration. These differences seem to suggest that the harmonization in this field is indeed an immense challenge. The very domestic realities framing such mechanisms of redress for damages caused through illegal public procurement decisions impose that effectiveness of the remedy is looked at from within the general national schemes of compensation for illegal administrative action. Still, irrespective of whether equivalence and effectiveness are complied with through the French and the English national mechanisms of redress, the substantial differences of approach from one legal order to another show that a coordination/harmonization intervention is becoming more and more necessary.
SCARAMUZZINO, Fabio. "Die Zusendung unbestellter Ware. Vertrag, Rückgabe und Schadensersatz." Doctoral thesis, 2010. http://hdl.handle.net/11562/341154.
Full textThe subject of "invio di merce non ordinata" (unsolicited goods) involves the situation in which a party (the sender) delivers goods to another party (the recipient) without the recipient having ordered such goods. The burning question here is whether a contract has been concluded, and if so, under what conditions, or if not, what rights and duties exist between the parties or vis a vis third parties. The issues above relate to the branches of contract, restitution and tort. In fact, they assume even more topical significance when one considers the fact that the Italian Consumer Code prohibits a trader from supplying unsolicited goods to the consumer and demanding that the consumer pay for them, return them or hold them in safekeeping. In such a case the consumer is also exempted from having to provide any consideration. The latter circumstances (in the context of the Italian Consumer Code), recently given the name "fornitura non richiesta" (inertia selling), do not correspond to the wider phenomenon of the "prestazioni non richieste" (unbestellte Leistungen), which goes far beyond the restricted scope of unsolicited goods, which forms the subject-matter of the present study. This not only serves to enhance the practical importance of the present research, but it also whets the academic appetite: the objective here is to verify whether it is possible to conduct a uniform study on the different cases of unsolicited goods in order to try to forge a robust link between the Italian Civil Code and Consumer Code, and hence make this area of the law as coherent as possible. The above-mentioned cases were taken into account on an individual basis: the experiences of the legal systems “beyond the Alps” are crucial for contractual issues (Chapter II) as well as for questions of restitution and tort (Chapter III). In particular, the experiences of the German legal system are of importance here. In Germany the subject of unsolicited goods was studied even before the European Union forced the hands of all Member States in regulating this area. The matter was so thoroughly investigated in German doctrine that it makes it impossible for a study on this topic not to take into account the German contribution to this area.
D'IPPOLITO, MARIA GABRIELLA. "Le fasi costruttive di Porta Appia e i risarcimenti altomedievali delle Mura Aureliane." Doctoral thesis, 2017. http://hdl.handle.net/11573/1018349.
Full textLENOCI, Alessandro Emanuele. "Tutela costitutiva e tutela risarcitoria a sei anni dall'entrata in vigore del Codice del processo amministrativo." Doctoral thesis, 2016. http://hdl.handle.net/11562/954190.
Full textThe thesis deals with the theme of the relationship between the action for annulment and the claim for damages in the administrative process, six years after the entry into force of the Legislative Decree No. 104 of 2 July 2010 laying down the Code of Administrative Procedure. It is, in other words, the age-old question of the so–called “administrative prejudicial”, in the past it was the subject of a lively jurisprudential and doctrinal debate and currently still the focus of attention of experts. The Administrative law held, indeed, that in view of a tort act committed by the Administration, the private citizen who wished to act with claim for damages would primarily have to seek and obtain the judicial annulment of the damaging measure, in tribute of the need for stability of administrative action. Conversely, the case law of the civil judge endorsed the different autonomy rule between those remedies, arguing that conditioning the proposal of the actio damni for the experiment of the claim for annulment, would have resulted in an unacceptable compression of needs to protect the citizen. The legislator of the 2010 intervened to settle the conflict of interpretation, who raising additional doubts and misgivings, disciplines in very articulate manner the relationship between the action for annulment and the claim for damages in the administrative process. In detail, the paragraph 1 of article 30 of the Code of Administrative Procedure expressly provides that the claim for damages for infringement of legitimate interests can also be initiated independently from the appeal. The next third paragraph, besides submitting the claim for damages to an unusual limitation period of one hundred and twenty days, requires the administrative judge to exclude the compensation of those prejudices that the private citizen has not avoided using due diligence, even with the experiment of the instruments for protection provided; this last wording echoes the provision of art. 1227, paragraph 2, of the civil code. The dissertation focuses, therefore, both on the prevision of the deadline considered by the writer as opposed to different constitutional precepts, and the burden of diligence that weighs on the one who gets the damage. It especially poses the question whether the appeal of unlawful acts belongs to the instruments for protection that the citizen is required to enable. In addressing the issue you can not, moreover, disregard the analysis of the most recent case-law which, supporting the well-known pronouncement of Plenary Assembly of the Council of State, 23 March 2011, No. 3, believes that the proposal of the claim for annulment, although it is not a requirement for the admissibility of actio damni, becomes relevant from a substantial standpoint of the same one , since the failure to challenge can lead the judge to a decrease in the quantum of compensation for damages. So, the question is whether the rule accepted by the process code is, indeed, the rule of autonomy, or rather, that of the so-called "concealed prejudicial " To this question tries to answer this thesis, which after having completed a comparison with other European experiences and having studied the dictum of art. 1227, paragraph 2, of the Civil Code, reaches an interpretative solution which is at the same time, innovative and in line with the spirit eminently of compromise of the 2010 reform.
URSO, ELENA. "Danno morale e danno non patrimoniale. Problemi per una comparazione fra il diritto italiano e il diritto anglo-americano." Doctoral thesis, 1995. http://hdl.handle.net/2158/592002.
Full textIAMMARINO, Debora. "Danno ambientale e responsabilità nella gestione dei rifiuti." Doctoral thesis, 2018. http://hdl.handle.net/11393/251115.
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