Il concetto di difettosità nella realtà che cambia. Un esercizio di microcomparazione

Through a traditional approach of micro-comparison, the paper traces the main evolutionary stages of the concept of product defects with reference to the European and American legal systems. The intent is to bring out some constructive ideas to analyze today’s work of the European Commission, dedicated to the revision of the Directive on product liability. The current initiative of the European legislator is, essentially, aimed at reviewing the concept in light of the peculiarities of the digital economy products, and in particular of the functionality of the algorithm. A broader final reflection on the results of the analysis will highlight the importance of addressing the legal issues inherent in the changing reality through a combination of qualitative and quantitative methods, functional to grasp the necessary adaptation of the traditional concept under consideration to the complexity of modern products