1st.The law regulating the damage compensation

The Italian legal system of the damage compensation is covered by artt.1223, 2043 and 2059 of the Civil Code, since 1942, by the Constitution of the Republic of Italy, since 1948, and by other statute laws.

The art.1223 c.c. disciplines the damages from breaching of the contract: 'The damage compensation for breach of the contract or for the delay should include the actual damage suffered by the creditor as the loss of profits, since they are immediate and direct consequence'.

The art.2043 c.c. disciplines the damage compensation from the torts: 'Whatever malicious or negligent misconduct, or negligence, which causes un unfair damage to another person, obliges who committed the fact to pay the compensation'.

The art.2059 c.c. disciplines the non-pecuniary damages compensation done by torts: 'The non-pecuniary damage should be compensated only in cases determined by law'.

The Constitution of the Republic of Italy includes the freedoms and the fundamental human rights such as the freedom of religion (art.19), the freedom of expression (art.21), the right to a name (art.22), the rights of the family (art.29), the right to health (art.32), the right to work (art.35), the freedom of enterprise (art.41), the private property (art.42), and so forth.
The issues relating to the damage compensation, under the Italian civil law, are the most controversial ever. In particular, the issues are still very new and under discussion both among experts and in judiciary. The result of this ceaseless turmoil is the continuous evolution and the transformation of interpretation of the legal rules. Although they remained unchanged for nearly seventy years in their literal text, they were interpreted according to very different meanings over time.