Abstract – This work evaluates the contribution provided by other legal systems to the debate on the configurability of a deterrent-punitive function of civil liability. In particular, the recent jurisprudential guidelines on punitive damages and the codification of late payment penalties will help to analyze the reasons that lead to a rethinking of the traditional sanctioning apparatus in the direction of greater protection effectiveness. Ultimately, we aim to verify the admissibility of “alternative” remedies in the event that the compensation for damage is not suitable for preventing and adequately repressing the commission of an offense.
Keywords – Astreinte, compensation, civil liability, deterrence, punitive damages