IL DANNO PROBABILE

The thesis intends to investigate the relevant criteria for determining "an" (whether) and "quantum" (how much) of claims for damages in such cases where damages are not fully ascertained, being them just potential or probable. For example, cases where damages are, in hole or in part, uncertain due to the necessity to establish causation (between conduct and result) or in circumstances like damages for loss of chance or, on the other hand, where damages are just probable as they are related to detrimental effects which might arise only in the future. The exam of such circumstances will allow to consider different alternative solutions that have been elaborated on such subject matter, also in order to consent certain general considerations on the applicability of traditional principles, such as the principle of certainty of damages.