المسؤولية المدنية عن تفويت الفرصة

Abstract

"This study concluded that liability for missing the opportunity is a relatively recent concept within the scope of civil liability, and has witnessed a gradual development in jurisprudence and judiciary, especially in light of the absence of explicit legal texts regulating this type of damage within Algerian civil legislation. It has become clear that the Algerian judiciary, similar to the comparative judiciary, has begun to tend to recognize the legitimacy of demanding compensation for missing an opportunity, whenever it is proven that the error prevented the injured person from being able to benefit from an opportunity that would otherwise have occurred. However, this recognition remains modest and varies depending on the cases and their nature, and remains largely subject to the judge’s discretion, especially with regard to the seriousness of the opportunity and the likelihood of its realization. The study also highlighted that damage resulting from missing an opportunity is existing and direct damage, different from potential damage, and can be compensated for in an independent manner, provided that the elements of liability are present, such as fault, damage, and a causal relationship. "