Business Law – Article

SUMMARY: 1. Structural features of the punitive damages paradigm: eminent importance of theextra–compensation. – 2. Profiles of potential unconstitutionality of the determination of the binding nature of pecuniary sanctioning performances in cases not typified by the national legislator. Constitutional guarantees to protect the principle of inviolability of the assets of members. – 3. The role of the hierarchy between the values ​​involved: the operational solutions arising from the balancing of the interests in conflict, in light of the order of prevalence desired by the superior emanations of sovereignty. Explanations of punitive damages, not provided for by a specific provision of law (“atypical”), accepted by living law (thanatological damage; cumulation of compensation and indemnity; punitive damages awarded by foreign courts). – 4. Extension of the figure to the scope of contractual offences. Operational implications of the distinction between the two qualifications of conventional punitive damages and of the scheduled performance in the penal clause – 5. (Segue) The limit of proportionality (risk of over deterrence). – 6. Systematic reflections: from the “publicization of private law” to the “civilization of the protection of general interests”.