The article provides an analysis used abroad to solve problems associated with the complicated causality theory. This theory is known as the “loss of chance doctrine” and is one of the cases of complicated causation. In Russia, scientific publications on this topic have only recently begun to appear, besides, isolated glimpses of the use of this doctrine have begun to appear in judicial practice. In general, the this theory is considered applicable to situations where both the actions of the defendant and the risk under the control of the victim can equally possibly act as a possible cause of harm. The reason for this uncertainty is the limited possibilities of human cognition, since it is objectively impossible to establish whether or not the victim would have realized his chance if he had not been deprived of it. The compensation awarded to the victim in such a case is calculated in proportion to the quantitative reduction of chances. According to the author, it is extremely useful to consider the potential of applying the doctrine of loss of chance in the domestic legal order based on the study of international experience in its use.
The study used the dialectical method of cognition, as well as linguistic and comparative legal methods.
The article demonstrates how various legal systems relate to the loss of chance doctrine and in what form it is reflected in judicial practice. In some legal systems (France, USA, Great Britain), the theory is recognized and actively applied by the courts, since it is believed that only with its help it is possible to fairly resolve situations in the development of which chances interfere. In other legal systems (Germany, Austria, Switzerland), this theory is sharply rejected, and the search for solutions takes place within the framework of traditional views on causality in law.
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