Search results for "foreseeability"
showing 3 items of 3 documents
La Corte costituzionale apre al divieto di retroattività del novum penitenziario in malam partem.
2020
With a courageous judgment, the Constitutional Court extends the application scope of art. 25, par. 2, Cost. in the criminal enforcement sector. Censoring the living law, the Court states the prohibition of the retroactivity of the measures more afflictive introduced by law no. 3 of 2019 to convicts who committed the fact before its entry into force. The Author, after dwelling on the new paradigm of "European legality", retraces the salient passages of the decision, from which it draws the innovative message of the Judge of the laws.
An Only Child without “Younger Brothers”: Contrada v. Italy (No. 3) and the Never-Ending Saga of the Relationship between Italian Courts and the ECtHR
2020
Corte di Cassazione (Sezioni Unite Penali), 3 March 2020, No. 8544 Criminal proceedings against Stefano Genco
Role of Foreseeability in Imposition of Civil Liability
2021
The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foreseeability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict liability. Likewise, the article analysis the role of foreseeability during determination of preconditions to civil liability, for example, by introducing it into the concepts of “fault” and “causation”. The aspects referred to in this article are predominantly analysed from the theoretical perspective. The article references various legal sources from different co…