Torto e tipo
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‘Typicality’ recalls a technique of position of the case (fattispecie). The techniques of position consist in patterns of signification, by which men generate concepts. Position is always the origin of a concept. The Author explores this issue through two elective laboratories in the system of the Civil Code: the problem of the typicality of the sources of obligation; the problem of the typicality of tort. The Author tackles the matter from the perspective of language. In this way, he defines as “tort” (or – if one wishes – breach of a duty to protect) any type of conduct capable of harming an interest which is external from the relationship and therefore of causing negative damage; “default”, any type of conduct capable of harming an interest internal to the relationship (strong ‘utilitas’, guaranteed to the creditor) and of causing positive damage.
keywordsSemantics, hermeneutics, language, signification, source, obligation, default, tort, interest, expectation interest, negative damage, positive damage.
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