Gatt L.,Responsabilità civile e diritto internazionale privato: un caso di studio

This work originates from a need to identify the legislation applicable to a road accident that occurred abroad, and specifically in Belgium, in which Italian citizens and a Belgian citizen are involved. The analysis of the concrete case makes it possible to bring out the difficult relations existing in this law field not only between substantive law, procedural law and private international law at both national and European level but - above all - it allows to highlight the complex relationship between the rules of tort responsibility to be road accident contained in the national codes and the mirror-image rules relating to insurance for RCA, contained in the special laws of each EU Member State. This complexity, aggravated by an unconscious jurisprudence, profoundly affects the determination of the procedural strategy that is truly functional to the protection of the damaged party as well as the determination of the compensable damage.