El daño y el nexo causal en la perdida de oportunidad
Herrera Montañez, Diego Alejandro
This document focuses on studying the causal link as a structural element of responsibility when the link is diffuse. For that reason, it pretends to see the loss of the opportunity as a special theory of causality that has place when the causal link is not clear, so, this contradicts the main thesis proposed by the doctrine and traditional jurisprudence that affirms that the loss of the opportunity is an autonomous criterion of damage. This text does an explanation of why the loss of the opportunity is understand as a special theory of causality and not as an autonomous criterion of damage, making emphasis on the element of certainty that characterizes the damage. Besides this, it notes the treatment that jurisprudence has given to the loss of opportunity. Also, this document indicates the legal nature of the loss of the opportunity, affirming that it is a logical inference that does the judge and that it is not a fact that changes the state of things as happens with the damage. Finally, it takes into account the evidence of the theory of the loss of the opportunity trough a calculation of probabilities and also this text identifies the steps to make an adequate integral repair.