The Common Core Sound: Short Notes on Themes, Harmonies and Disharmonies in European Tort Law

Bussani, Mauro; Infantino, Marta; Werro, Franz

doi:10.1080/09615768.2009.11427732

Cited by 6 publications

(1 citation statement)

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“…But under what conditions can an information provider be held liable in tort to parties other than his client? Italian legal scholarship stresses that, in general, liability for negligent information can be imposed under Article 2043 of the Civil Code, that is, the Italian rule on negligence liability (for the origins of this Article see Sacco, 1991, p. 366; Bussani et al , 2009, pp. 133-135).…”

Section: Advisors’ Tortious Liabilitymentioning

confidence: 99%

Liability for negligently issued anti-mafia certificates

Monaco

2018

JFC

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Purpose This paper aims to analyse the different forms of liability that might apply under Italian private law to anti-mafia advisors who negligently perform their duties, with particular regards to auditors concerning the drafting of mandatory anti-mafia certificates as bidding documents for public procurement contracts. Design/methodology/approach The analysis is based on the comparative law methodology of dissociation of “legal formants”, that is, on the study of separate contributions by each element of the legal system – from black-letter provisions to judicial dicta, from scholars’ arguments to administrative practices – to the making of legal rules in a given setting. Findings Neither case law nor academic writing is abundant on this topic. Yet, it can be fairly assumed that an advisor who negligently drafts anti-mafia certificates might incur both contractual and tortious liability. Originality/value The paper investigates an area, which has so far been largely unexplored, and, thus, contributes to paving the way for a better understanding of the legal framework applicable to the cases under examination.

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Section: Advisors’ Tortious Liabilitymentioning

confidence: 99%