La responsabilità per danno da fauna selvatica in agricoltura

Abstract

The article aims to focus the attention, under a legal point of view, on the damage to agriculture caused by wildlife which gives application problems in view of the special legislation, pointing out questions and hermeneutical nodes to which the doctrine and jurisprudence tried in different times to give a solutions. This paper, moving from the legal concept of damages and compensation, aim to examine the current legal system and in particular the evolving of the case law. The analysis requires a complex investigation that needs to be contextualized within the system of environmental protection as indicated by the TFEU (Art. 191), to which it brings the legislation on protection of wildlife (Law n. 157/1992), reporting that protection with the institutes of the property and the agricultural enterprise (art. 2135 of the Italian Civil Code). The conflict between the interests worthy of protection, and the resultant priorities of those public and private are reflected on the occurrence of the damaging event, denying the fact prejudicial illegality as harmful case assumed and accepted in the predetermination of the legal situation by law as an event can be traced within the constraints and limitations of subjective legal situation of the owner of the crops.