Applications of promotional function on environmental tort law

Abstract

This article proposes a reflection space for rereading around the functions of tort law. Intends to identify the crisis aspects of the primary responsibility function (compensatory); Intends to spread the new function which, connected to the ultimate purpose of the institute, with a markedly ethical bias, presents itself as a model of stimuli for spontaneous damage repair. That’s call promotional function of tort law, whose existence has the ability to improve the protection system of the victim (s), giving more tools for the treatment of the injury caused. As a new frontier of solidarity and in the wake of the maximum effectiveness of rights, we seek, after all, the effective and efficient satisfaction of the current interest of the victim (s) at the moment after the damage, whose one of the most relevant approaches is concentrates on the protection of meta-individual interests, notably the protection of environmental damage.