CONSIDERATIONS REGARDING THE CONDITIONS OF COMPENSATION FOR DAMAGE, IN THE VIEW OF THE MODERN LEGISLATOR
CONSIDERATIONS REGARDING THE CONDITIONS OF COMPENSATION FOR DAMAGE, IN THE VIEW OF THE MODERN LEGISLATOR

Summary/Abstract: Undertaking tort liability shall result in the full compensation for the damage. The compensation represents the legal means by which the victim may claim to be restored to the precontractual position prior to committing the tort. Right to redress depends on an objective fact, namely causing the damage. The condition of certainty of the damage represents its most important strength. If the damage is not certain, it is impossible to know whether the right to redress arose, and if the uncertainty concerns its extent, the subject-matter of the damage claim may not be established. Sometimes, in practice, it is difficult to determine whether the alleged harm is certain or possible. In relation to this condition of certainty of the damage, the damage caused by the loss of chance of obtaining an advantage represents one of the innovative elements of the new regulation, and is defined as a distinct category of recoverable loss.

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