THE FULL COMPENSATION PRINCIPLE IN EUROPEAN TORT LAW
Nowadays, European scholars and judges are ‘taking remedies seriously’. Focusing on
the uneasy case for non-pecuniary damages in tort, the analysis of the most recent
judgments of the Italian highest court, along with latest French projects, offers an insight
into principles and policy issues in civilian legal reasoning.
Since personal injury compensation aims at a complete victim’s redress ‘as far as money
can do’, a systematic approach would properly define tort law functions, in order to avoid
the so called ‘damage lottery’, encompass efficiency and fairness and, finally, comply
with full compensation principle.