Civil liability for loss of opportunity in angolan law

Abstract

With this approach we intend to present our opinion on the loss of opportunity in civil liability and its possible acceptance in Angolan law. We can understand loss of opportunity in law when an action or omission of a third party prevents a given subject from obtaining the result that under normal conditions he or she would have the possibility of achieving. Examples include a wrong diagnosis made by a doctor, losing a lawsuit due to the lawyer's failure to object, losing the opportunity to be hired due to the existence of a pre-agreement with another institution that later fails to sign the contract, etc. In comparative law, the best known doctrines are the French doctrine that gave birth to the subject known as loss of chance, the Italian predominantly in terms of labor law, the English doctrine that only allows compensation for loss of chance when it exceeds 50%, the German and the Portuguese due to the proximity to our reality and that makes the comparison closer. We did not find in terms of local or national doctrine, any positioning and taking into account that this is a new thematic area, and to contribute to the interpretation and solution of problems related to the loss of opportunity, it was with this purpose that we embraced this challenge, which will be done on the basis of bibliographic review and interpretation of norms.