Rodolfo Sacco and unjust damage premises for a discussion

Abstract

Rodolfo Sacco, in a famous 1960 essay dedicated to the concept of injustice of damage, performs a sophisticated but undeclared operation of legal policy, in the sign of fidelity to the text of the legal rule; an operation that, in the case of a general clause, such as precisely that of art. 2043 It. Civ. Cod., can do no more than transpose what case law progressively (with the temperaments and adjustments indicated by doctrine) establishes. In this sense, case law assumes the role of stabilizer - as much institutional as ordinamental, in light of the biunivocal relationship between institution and order: a stabilization that necessarily passes through the text, defended, precisely, in light of a legislative policy that also moves between institutional and ordinamental dimensions.