A inaplicabilidade da teoria da perda de uma chance no rompimento do noivado.

Abstract

This paper addresses the inapplicability of the theory of loss of chance in the national legal system as accountability for moral damages resulting from the breakup of the engagement . Liability for loss of a chance is a relatively new institute in national legal system, which aims to compensate the victim, who by virtue of the conduct of others , missed the opportunity to garner a profit or avoid a loss . The topic is understudied by the doctrine and its study is necessary, when presenting solutions to concrete cases . The main objective of this work is to analyze the main aspects related to the theory of loss of a chance making a bridge between the liability and family law . We tried to make a generic approach of the civil liability institute , as well as analyzing their assumptions and some basic eligibility criteria related to the loss of a chance in order to deal with any questions generated by the magistrate's head, as example, in what situations should be imputed liability for loss of a chance , and under what parameters should be refereed to the indemnity amount of damage . For both , the deductive method are used as a method of approach, historical, comparative and case study methods , such as methods of procedure , and indirectly through the documentation literature as a research technique . In developing this work and further jurisprudential and doctrinal analysis , it was observed that the damage generated by the loss of a chance does not qualify as moral damages to property damage only , since the mere fact of the affection end does not generate tort.