Il danno da perdita di chances tra le ragioni della vittima e le regole del sistema

[Autom. eng. transl.] Beyond its undeniable practical function, the category of loss of chances lends itself to various perplexities, starting with the issue of identifying the harmful event of reference, to continue with the minimum threshold of "concreteness" that chance must possess to ensure that dignity is given compensation for damage resulting from its loss. The parallel analysis of both of these profiles leads to the conclusion that the search for a balance between victims and "uncertain" victims must abandon the channel of civil liability, which, in compensating only plausible damage, is destined to a constant oscillation between equitable drifts and sanctioning subjectivisms of the judge. Beond its indisputable practical role, the instrument of "loss of chance" gives the authors many reasons to doubt about its coherence inside the system of civil liability. An investigation on the injury arising from the loss of chance, beside the examination of the "minimum size" that the chance should consist of in order to have its loss restored, leads the Author to the conclusion that an equilibrium among "uncertain victims" and "Uncertain tortfeasors" should be found out of the area of civil liability.