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22 and p. 64. the problem of terms, concept s and l anguage 5 not possible and the victim cannot feel any satisfaction. 7 Tort law (Deliktsrecht; Recht der unerlaubten Handlungen) refers only to the relevant provisions of the BGB (§§ 823–853) which are based on the fault principle (notwithstanding some statutory modifications and exceptions). , in cases involving public traffic, nuclear energy, product liability etc. 8 Italian law Italian law does not draw a clear line between past and future losses9 or between special and general damages.

2000, I, 1655 88, 170 2000, n. 9228 (12 July 2000) 168 xxxii table of cases 2000, n. prev. 2001, 609 2001, n. 4783 (2 April 2001) 89 2001, n. 6023 (24 April 2001) 86 2001, n. mass. 2001, 1814 2001, n. tor. bol. bol. cat. tor. prev. comm. 1993, I, 680 91 Milan, 1993 (19 October 1993) in As. circ. lav. nella giur. 1999, 1075 85 Rome, 2002 (20 June 2002) in Foro it. 2002, I, 2882 94 164 Abbreviations AC AcP AfP AJ Comp. L All ER ALR AOK App. Cas. Arch. resp. civ. AuR BayObLG BB BGB BGBl. BGH BGH GS BGHZ BRAO BVerfG xxxiii Law Reports, Appeal Cases (Decisions of the House of Lords and the Privy Council from 1891) Archiv f¨ ur die civilistische Praxis Archiv f¨ ur Privatrecht American Journal of Comparative Law All England Law Reports Australian Law Reports Allgemeine Ortskrankenkasse (National Health Insurance Scheme) Law Reports, Appeal Cases (1875–90) Archivio della responsabilit` a civile Arbeit und Recht Bayerisches Oberstes Landesgericht Der Betriebsberater B¨ urgerliches Gesetzbuch (German Civil Code) Bundesgesetzblatt (Government Gazette) Bundesgerichtshof (Germany’s Federal (Supreme) Court) Decisions of the Grosser Senat (Plenum of the Court) Entscheidungen des Bundesgerichtshofs in Zivilsachen (Decisions of the German Supreme Court in Civil Matters) Bundesrechtsanwaltsordnung (Code of Conduct for German Attorneys) Bundesverfassungsgericht xxxiv abbreviations BVerfGE BVerfGG CA Cass.

The evaluation of the damages, expressly described as non-patrimonial but moral, would henceforth be undertaken on the basis of all the relevant circumstances including the closeness of the family relationship, the cohabitation with the primary victim, the size of the affected family, way of life, the age of the primary victim and the age of the relatives. In the domain of personal injury (danno alla persona) some further comments are necessary to take into account an important innovation that took place in the 1970s.

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