Administrative, Damages compensation – Contracts of the Public Administration – Non-contractual liability – Art. 2043 – Theory of hypothetical alternative causality – Configurability – Limits, Cons. St., sez V, 11 January 2018 n. 118, Contrast of jurisprudence – Remission to the Plenary Meeting
Compensation for damages - Contracts of the Public Administration - Compensation from loss of chance - Awarding without tender - Business in the sector - Compensation for damages - Contrast of jurisprudence - Removal at the Plenary Meeting At the Plenary Meeting the compensation for damages in case of award of the contract without tender With regard to civil liability, in particular regarding non-contractual liability pursuant to art. 2043 c.c., in whose paradigm the responsibility of the Public Administration for provisional illegitimacy can be classified, the c.d. hypothetical alternative causality theory is relevant only in relation to the omissive offenses, for which...
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