Osservazioni a margine della giurisprudenza nuova in materia di responsabilità civile della pubblica amministrazione
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Subject matter of the present study is the responsibility of public administration with regard to private citizens, whose intent of obtaining an authorization or concession from State or
other public entities has been frustrated by them through an act contrary to law. Similarly the
question regards cases in which an individual right has been restricted or subtracted to a citizen
by an illegitimate public provision. Before 1999 courts did not recognize recovery to the party
suffering damages. After a decision of the Cassation in that year, case law has changed and damages have been awarded according to the following principle: damage should be consequence
of an infringement of a legitimate interest as well as violation of a concrete 'good of life'. Subsequent decisions tried to single out what this 'good of life' is like. The analysis provided for in
the present study clarifies that it is nothing else than damages, the true loss consequential to
violation of the legitimate interest, that has always constituted a necessary element in cases
of tortious liability. The study deals also with the question of nature of liability, namely whether
it is contractual or extracontractual. Finally it faces the problem of whether avoidance of the
illegitimate act be or not a precondition of the action.
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