La prevedibilità del danno nell'illecito contrattuale. Problemi e prospettive.

This thesis deals with remoteness rule in contract both in the English and in the Italian legal systems. The idea of this topic came from the increasing support in the English contract literature of the view that the remoteness rule is concerned with identifying an implicit allocation of risk made by the contracting parties. Through analysis of the origins of the principle and its application in the recent case-law in England and Italy, the first two chapters, concerning respectively with English and Italian Law, show the new trends on remoteness rule and its role in each legal system. In the third chapter, dealing with comparative law, I first tried to understand the reasons of the development in the English contract literature of this new understanding of the remoteness rule absent in Italy and then I focused on the difference between the two rules, noting that in the English law there is no correlation between negligence and damages. In conclusion, the analysis shows that even if the two legal systems are very different especially with regard to the developmente of contract law, the remoteness rule is seen in both system as a method by which the courts allocates risks which the contracting parties have failed to allocate, rather than an interpreative rule.