The concept of 'danno biologico' and the case for its introduction in Maltese law

Abstract

The aim of this thesis is to deepen the reader's understanding of the concept of damage to a person's psycho-physical integrity, and the method of compensation for such damages. This thesis will show the approach taken by other countries as regards damage to a person's psycho-physical integrity. Special attention will be given to the Italian approach which is considered to be the most evolved legislatively and judicially. An examination of the concept of 'danno biologico' will reveal that 'danno biologico' is in fact a tertium genus independent from patrimonial damages and moral damages. This thesis will also demonstrate that 'danno biologico' is considered to be a kind of patrimonial damage for compensatory purposes. An investigation of both the advantages and disadvantages of the Italian approach, together with an examination of the problems currently faced by Italian jurists when dealing with compensation for 'danno biologico' will provide a clearer insight to what the concept really means and entails. An analysis of both the provisions of the Maltese Civil Code as well as Court judgements will demonstrate that concept of damage to a person's psycho-physical integrity has not been fully explored in Malta, neither in doctrine nor through case-law. Nonetheless the court affords a wide interpretation of the provisions in the Civil Code dealing with compensation for damage. The evolution of the concept of damages brought about by judgements shall lead us to identify certain lacunas present in the current Maltese system. An examination of the advantages of the introduction of a concept akin to that of 'danno biologcio' will follow. In the light of the findings of the research carried out in this thesis I will demonstrate that the introduction of a concept akin to that of 'danno biologico' is indeed viable. As a result of this, I will make some suggestions for the introduction of this concept in the Maltese system.