Laura Moscati, Note su disciplina e sistematica della responsabilità extracontrattuale nei codici italiani dell’Ottocento
The author
analyses some features of non-contractual
liability throughout the XIX century.
Compared to the French and the Austrian models, the Civil Code of the Kingdom
of Piedmont-Sardinia favours the former with the addition of three articles
about the so called “azioni di nunciazione”,
a tool designed to protect property against any danger from the outside.
The Italian Civil Code of 1865, instead, borrowing from the ABGB structure,
moves the above mentioned articles into the regulations of real situations.
Finally, the current Civil Code locates precautionary actions at the end of the book on
property by highlighting their protective aspect. The contribution of the
Piedmont-Sardinian Civil Code has turned out to be decisive: it fills, like in
other institutions, a gap in the French Code
and considers precautionary actions as
forerunners of damage compensation, by locating them within the non-contractual
liability as a protective tool against damages. |