fattispecie

Fattispecie is a legal term used in Italian jurisprudence to denote the factual pattern or set of facts required by a statute to characterize a given norm. It refers to the concrete occurrence that triggers the application of a legal rule, or, in doctrinal language, the case that corresponds to the normative template.

There are two main uses: the abstract fattispecie, the template described by the law’s language, and the concrete fattispecie, the actual facts of a case presented to the court. Courts compare the proven facts with the elements constituting the fattispecie to determine liability or entitlement. This comparison guides the interpretation and application of the law.

A typical fattispecie comprises the elements constitutively required by the legal type, such as act, person, object, and, when relevant, intention, causation, and circumstances. The exact formulation depends on the statute and the legal system. Clarity of the fattispecie helps prevent disputes about whether the facts fit the legal type.

Example: In criminal law, the crime of theft requires taking someone else’s property without consent with the intention to permanently deprive. The concrete facts must demonstrate appropriation, lack of consent, and the relevant intention. In civil law, a breach of contract requires the existence of a contractual obligation and its non-performance. Etymology derives from facts plus appearance or type, a concept widely used in doctrine and case law to analyze factual fit with legal types.