LA RESPONSABILITA' PROFESSIONALE DEL MEDICO E DELL'AVVOCATO: UNA RICERCA DI DIRITTO COMPARATO.

Abstract

The essay focuses the most recent judicial and doctrinal developments about professional liability in Italian and English law in a comparative perspective and examines analogies and differences concerning the nature of professional liability : just contractual or extra-contractual liability? The analysys shows this is a fast moving area of law in each of the considered systems . In Italian law the preference given to contractual protection arises from a favor creditoris perspective with significant consequences in terms of burden of proof of damage.On the other side in English law the qualification of professional liability as tort liability - using the remedies provided by law of torts - fits in the same perspective of favour towards the victim of the illicit conduct.