Repararea prejudiciului viitor şi a prejudiciului rezultat din pierderea unei şanse

Compensation for future damage and damage resulting from loss of chance

Abstract

To be compensated, damage must first be certain, meaning its existence must be sure and its extent must be determinable at present.

Actual damage, which has occurred in its entirety up to the moment when the victim requests compensation, as well as future and certain damage which, although not yet occurred, is certain to occur and whose extent can be determined based on sufficient elements, are considered certain. In contrast, future and contingent damage is not certain, as its future occurrence is uncertain.

Regarding damage resulting from loss of chance, to be compensated, the following conditions concerning the certain character of the damage must be met: the chance must be real and serious; the loss of chance must be the direct consequence of the unlawful act. If these conditions are not met, the damage is and remains...