Mobbing e teoria dell’atto illecito
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The essay deals with the problem of mobbing behaviors’ relevance, whose legal boundaries are identified, in order to differentiate them from persecutory conducts in a broad sense, carried out in spheres other than work. In this logic, the author excludes the existence, alongside corporate mobbing, of family mobbing, as well as rental mobbing. Having identified the types of harassment prejudices, the investigation continues to examine harassment offense’s structural peculiarities by questioning whether such an offense is characterized by enriching the elements which constitute the civil offense’s structure. In this direction it is noted that the mobbing conduct is relevant sub specie iniuriae, thus constituting a source of compensable damages, only if it is subjectively qualified by a persecutory intent. The conduct’s subjective coefficient which is placed in the area of effectiveness rather than in that of relevance in the context of the hypothetical structure of the liability’s legal case, in the persecutory offense is attracted into the orbit of illegality, defining the structure together with other elements.
keywordsmobbing, compensable damages, vexatious offense, preventive protection.
Biografia dell'autoreAntonino Astone, Professore associato di Diritto privato, Università degli Studi di Messina.
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