Liability for existential damage

• Autor(a) principal: Siqueira, Patrícia
• Data de Publicação: 2013
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/17072
• topic: Direito privado; Responsabilidade civil; Dano existenial.

The central theme of the work highlighted concerns the existential damage, concept little known Italian origin in the parental right, is tackled by the author as an offshoot of the genre off-balance sheet damage, articulated consistently with its own assumptions and requirements in order to invoke more parameters scientific and useful for characterization or mischaracterization of the alleged damage. The existential damage was coined by Paolo Cendon and Patrizia Ziviz to group several cases that could not, strictly speaking, be decided under the label of moral damage or biological damage, because the only thing that acomunava was the failure to address property damage. From the nineties, the Italian courts began to adopt such nomenclature, considering how existential damage injury to other interests of a constitutional nature related to the individual, which is not confused with the transient disturbance of the victim's state of mind, not with the injury psychic integrity and physical person.