Divergenze e convergenze tra compensatio lucri cum damno e calcolo del danno differenziale

Abstract

The essay aims to reconstruct the possible impact of the pronouncements of the United Sections of the Court of Cassation on the compensatio lucri cum damno on the methods of calculating INAIL differential damages for which the jurisprudence of the Court of Cassation is used to use the criterion of comparison between compensation and social indemnity for identical or homogeneous damage items. The use of this calculation criterion, instead of the comparison by total amounts, leads, where the social indemnity is fully satisfactory for the damage suffered by the injured party, to the accumulation of a sum greater than the damage suffered, thus potentially conflicting with the rule of compensatio lucri cum damno. In this context, the essay critically evaluates the various arguments used by legal scholars and case law, which derive arguments from the rulings of the United Sections of the Court of Cassation in support of the criterion of comparison for identical or homogeneous items.