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.