Social damage as a new type of compensable damage

Abstract

The present work starts from the assumption of the correspondence between the enforceability of rights and duties of solidarity and therefore on the responsibility and full realisation of the person as the foundation of the Italian legal system. On this basis, it is proposed that damage caused by corrupt acts and cases of disobedience of the rules imposed for the containment of the spread of the SARS-CoV2 virus can be configured in the Italian civil liability system as social damage where both hypotheses lead to a loss of value reflected in the deterioration of the common good. The basis of the proposal is found in the question of the ethics of behaviour, since failure to fulfil one's duties causes irreparable damage to the requirements of social solidarity in serious violation of Articles 2 and 3 of the Constitution, thus causing damage to society.