Il danno (non patrimoniale) da lesione del diritto di proprietà

The non pecuniary damage deriving from injury to property rights Does the fruition of goods not for commercial or profit purpose have a value ? And, as a consequence, does the loss of of fruition of an asset of this type represent a loss for which compensation can be claimed? This thesis first examines the different answers given to these questions under Italian and German Law. Thus it is shown that according to the prevailing opinion in Italy the loss of fruition of property is relevant for compensatory damages only if the property is used to produce income, and then only if the failure of opportunity to make use of the property has caused damage or loss of profit. A different result has been reached under German legal principles, which for at least fifty years now have considered the prejudice resulting from loss of fruition of property as a category of damage that must be compensated even if the property in question is used exclusively for private purposes, provided that the property can be shown to be of great interest for the quality of people's lives. In principle, automobiles and residential properties belong to this particular category of "primary" property; they reflect almost all of the case-matter of litigation in this specific case of damages. Once the comparative investigation is completed, between the different solutions adopted in the legal systems considered, this thesis proposes to adopt into the Italian legal system the principles developed by German legal science, which have the advantage of having consolidated in decades of testing. This would make it possible to protect, even in Italy, the right to full enjoyment and fruition of property, and in particular of such properties the fruition of which affects the core quality of life of people.