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What is the damage to existence?

Damage to existence derives from forced desertion from the performance of unprofitable tasks, reasons of satisfaction or happiness for the injured party, but not caused by a prejudice to physical and mental well-being.

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The typology of damage to existence is quite recent in the elaboration of jurisprudential doctrine, and has no clear legislative reference. The damage to the existence would be different from the other categories, and in detail: from the damage related to the assets, as it does not derive from an infringement of the economic sphere of any type; from the moral one because the act committed by the guilty party can not be considered illicit and because it does not cause a suffering but the abstention from an effective task, a non-act; and finally from the biological damage as the existential one can be there even if there has not been a violation of the individual, understood as damage to the physical and mental well-being of the injured party (Box 7.6.2000, n.7713; Cassette 3.2.1999, No. 911).

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What are the elements of discrepancy between temporary inability and definitive infirmity?

Temporary inability is characterized by the duration of the pathology, ie the period needed to recover from the injuries sustained after the accident and start again the normal tasks.

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In this time frame, those who have suffered the damage must obtain the reimbursement of both the damage due to the termination and the biological type.

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The definitive infirmity is, on the contrary, the reduction of physical fitness measured in percentage numbers by a legal doctor. It is in any case reimbursed as biological damage, and also indemnified as special professional damage in the event that the injuries have determined the reduction of the specific professional qualifications of the individual, limiting the profits accordingly. In which cases the damage is calculated on an impartial basis and in which cases can the reimbursement be in a peculiar way?

Article. 1226 c.c. provides that if the damage can not be verified in its exact extent, it is compensated by the judicial body with impartial quotation.

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In order for there to be impartial quotation, the existence of indemnifiable damage must be confirmed or in any case unquestionable, even if the request for this type of determination has been considered representative by the jurisprudential doctrine even if the probative factors presented by the injured party do not have the certain validity of proof (Co 22.5.1979, No. 2972).

It is not clear with this quantification if the damage can be verified, in its exact entity, through technical opinions.

The reimbursement of a peculiar type, which consists in the reconstitution of the context as it was before the crime, is governed by art. 2058 c.c.

This provision assumes that the injured party can request a reimbursement of a particular type, only in the case where there is the possibility even if only in part.

Nevertheless, the judicial body can establish that the reimbursement must be there only for correspondent, that is in cash, if the aforementioned reconstitution is excessively burdensome for the insolvent, that is, if the economic obligation in which the latter consists is superior to the insolvency amount of the amount equivalent to the reduction of assets held by the injured party and due to the crime.

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The granting of goods equal to the damaged ones, the restructuring of the illegally disintegrated property and the cancellation of what was done illegally are included in the specific reimbursement concept.

What does the expression bonus-malus mean?

The bonus-malus is the premium specified as a bond in the form of a balance, admissible for the insured subject considering a propitious tendency of the danger. The lower the repayments originated by the bond, the higher the balance the insured benefits from. The categories of merit are generally eighteen.

The most profitable category 1, the least profitable category 18. Those who resort to insurance for the first time is usually introduced in category 13. For each single year passed without causing accidents, the category is reduced by one unit ( Bonus). In the opposite case of an accident, the category is increased by 2 units (Malus).

What is the Guarantee Fund for victims of road accidents?

The Guarantee Fund for victims of road accidents was introduced by the provisions of Articles. 19 and following of Law 990/69.

The Vittime sulla Strada Fund is an institution aimed at ensuring social security and support provided for by law n. 990 of 1969, as well as the insurance obligation on liability in civil matters.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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