Torts of Minor Children and Parental Civil Liability: Cases in Nineteenth and Early Twentieth Century Italy (original) (raw)

2016

Abstract

According to the Italian 1865 civil code, the father (or the mother) were liable for the torts of minor children living with them, unless they proved that they could not prevent the wrongful act. Like in France, in this system, liability was based on a presumption of fault, which could be rebutted by evidence to the contrary. This paper analyses the way in which exculpatory proof was interpreted by the Italian courts during the time the 1865 civil code was in force. Starting in the period following the Unification of Italy, the tradition laid the foundations of longstanding arguments thanks to some interpretative choices whose repercussions lasted well beyond the first Italian civil code. However, to this day there is still no historical analysis of the decisions taken by the courts. The most typical situations of parental civil liability are examined, together with the lines of defence allowed by the judges. Following a widespread line of orientation in case law, the courts conside...

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