INTANGIBLE LOSSES. Moral Damage and Existential Damage.

The Italian legal system provides for compensation of  pecuniary damage (in the two forms of emerging damage and for loss of profit: Article 1283 of the Italian Civil Code) and also for non-pecuniary damage (Article 2059 of the Italian Civil Code and Article 185 of the Italian Criminal Code).

When damage to health or damage to the person occurs as a result of an injury to a constitutionally protected value or interest (Constitutional Court No. 233/2003) the Judge must assess all the consequences suffered by the injured person in his or her moral sphere (which it is the dimension of the subject’s relationship with himself), and also all the consequences on the dynamic-relational plane of his life (which concern the relationship of the injured with the external reality, with all that, in other words, constitutes something else from himself).

The Supreme Court reiterated it once again, with the Sentence No. 9196/2018.