LILIOSO, R. R. L.; LILIOSO, Rummenig Rauhyson de Lucena.
Résumé:
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.
