Riflessioni in tema di responsabilità per ‘danni da animali in custodia’

Dore, Carlo

2024-01-01

---

Abstract

With reference to damages caused by an animal entrusted by the owner or user to the custody of a third party, it seems to be necessary to exclude the possibility that the third party custodian may be held liable under art. 2052 c.c., since strict liability for damages caused by animals, as provided for by this provision, is based on the ‘user relationship’ created between the animal and the owner or the person who actually has the power to use the animal at the time of the occurrence of the harmful event. On the other hand, it is possible to recognise at the expense of the same custodian a liability under art. 2051 c.c. - concurrent with that of the owner/user - based on the custodial relationship that he has with the animal (qualifiable, like things, as potential objects of custody), custody being identified in the situation of law or fact that gives rise to the power of control of the “res” or of the animal by the subject.