The loss of chance in civil law countries: a comparative and critical analysis

BOOKS AND ACADEMIC ARTICLES 2013 in Maastricht Journal of European and Comparative Law, Volume 20, nº.I

Rui Cardona Ferreira publishes an article about the loss of chance in the last issue of the Maastricht Journal of European and Comparative Law. In short, the article provides a comparative analysis of the legal frame of the loss of chance in French and Italian legal systems, the two continental jurisdictions where the loss of chance theory has traditionally found larger acceptance. Subsequently, the article presents a critical analysis of the transposition of this theory to civil liability systems akin to the German model, as it is the case of the Portuguese law. Finally, it concludes with the need (i) to take into account the nature of the damage concretely at hand and (ii) to reformulate the criterion used for the assessment of causation, where the relevant damage is an economic loss.