An assessment of prejudices caused by the loss of chance

摘要

Among the prejudices compensated according to the new Romanian Civil Code there is also the prejudice caused by the loss of chance. The latter's features, connected mostly with the cause-effect relation between the missed chance and favorable event expected by the victim, are strongly debated upon within legal doctrine and jurisprudence, particularly when it comes to the medical field, where expressions such as wrongful birth or wrongful life are regarded with reluctance by legal, medical and academic practitioners. The present works aims to define the new case of criminal liability mentioned above, to examine the main objections raised by the compensation of the loss of chance and to assess the latter's regulation as proposed by the new Civil Code, at its art. 1385 paragraph 1, stating a few proposals de lege ferenda in the end.