Risarcimento del danno parentale, tra parità di trattamento e specificità de caso concreto: spunti comparatistici per una possibile razionalizzazione

This article aims to identify general indications that could assist a potential normative intervention on the quantification of bereavement damages in Italian law. To this end, the article reconstructs the recent jurisprudential developments that have affected the matter in the Italian legal system, from the ruling of the third section of the Court of Cassation of 2021 to the revision of the Milanese tables in June 2022. After that, the advantages and room for improvement of such a revision are discussed, integrating the considerations already expressed by scholars with further reflections regarding the criterion of the quality and intensity of the affective relationship and its concrete application in the case law. Finally, a comparative analysis focusing on the Dutch affectieschade legal experience is proposed, reflecting on the limitations and opportunities of an existing model of uniform national regulatory schedule for bereavement damages.