Mobbing e teoria dell’atto illecito

digital

Articolo

Rivista

JUS

Fascicolo

JUS - 2021 - 1

Titolo

Mobbing e teoria dell’atto illecito

Mobbing and theory of the illicit act

Autore

Antonino Astone

Editore

Vita e Pensiero

Formato

Articolo |

Pdf

Online da

07-2021

Doi

10.26350/004084_000108

Issn

0022-6955 (stampa)

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Descrizione Commenti dei lettori

The essay deals with the problem of mobbing behaviors’ relevance, whose legal boundaries are identified, in order to differentiate them from persecutory conducts in a broad sense, carried out in spheres other than work. In this logic, the author excludes the existence, alongside corporate mobbing, of family mobbing, as well as rental mobbing. Having identified the types of harassment prejudices, the investigation continues to examine harassment offense’s structural peculiarities by questioning whether such an offense is characterized by enriching the elements which constitute the civil offense’s structure. In this direction it is noted that the mobbing conduct is relevant sub specie iniuriae, thus constituting a source of compensable damages, only if it is subjectively qualified by a persecutory intent. The conduct’s subjective coefficient which is placed in the area of effectiveness rather than in that of relevance in the context of the hypothetical structure of the liability’s legal case, in the persecutory offense is attracted into the orbit of illegality, defining the structure together with other elements.