Losing the chance to get
an advantage  - a new type of damage regulated by our legislation - Cover Image

Pierderea șansei de a obține un avantaj – un nou tip de prejudiciu reglementat de legislația noastră –
Losing the chance to get an advantage - a new type of damage regulated by our legislation -

Author(s): Filipescu Elena-Andreea
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Consiliul Legislativ al României
Keywords: virtual injury; compensation; loss of chance; loss of advantage;

Summary/Abstract: The present study proposes a unified approach, analyzing a "controversial" institution of civil law, which, it could be said, is still something new, although its application in judicial practice is often inconsistent. This is, in fact, the reason that led me to deal with this subject in such a debate. Damage resulting from the loss of an opportunity is a new element in the new regulation, as the legislator enshrined this type of damage in order to create a uniform judicial practice, but also to put an end to the controversies that existed on this subject under the old regulation. It can also be said that it is a relatively new institution in law, particularly Romanian law, having been avoided and still insufficiently covered by both case law and doctrine. The reluctance of judges and law professors can probably be explained by the controversies that this subject arouses.

  • Issue Year: 1/2024
  • Issue No: 3
  • Page Range: 32-43
  • Page Count: 11
  • Language: Romanian
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