CAUSALITÀ, RISARCIMENTO E SCELTA DEL DANNEGGIATO

The work aims to analyze the problem of the importance of human choices in the field of civil liability assessment. The case law examined allows to detect that there are cases in which, in the presence of an offense, the personal choice of the victim causes further damage. Therefore, the study intends to evaluate the relevance of this choice in the ascertaining the causal link between the illicit and the greater damage suffered. Two main issues drive the investigation and are closely related to each other. The first refers to the presence in the damaged person of characteristics, even psychic, that make it necessary (even if necessary only for him, and not according to average person’s standards) to have that specific reaction connected to that particular illicit fact. The second, on the other hand, concerns the specific damage that results from a choice, which is undoubtedly caused by the illicit fact, but that the victim still has a substantial freedom to make. The research is conducted by investigating what should be understood with personal idiosyncrasy, and then clarifying in which cases the behavior of the damaged person can be considered “reasonable” and, as such, worthy of protection.