Notes on the theory of loss of a chance in the field of Law and Economics - the case of property rental

1) In Civil Law, regarding the tenancy rules, the rental contract ends with the death of either the lessor or the lessee, since the law between the parties is very personal in this case, due to the principle of mutual trust between agents. Given the very personal nature of the lease contract, it does not allow succession - therefore, the children of landlord Z cannot maintain the tenant relationship with the children of tenant A. If succession were permitted, the loan relationship, based on the law of things, would pass into a relationship of personal servitude - and this is considered a relationship analogous to the relationship of slavery.

2) In the context of the economy, the death of tenant A opens the opportunity for a new family B to occupy the property, under a new rental contract, as this circumstantial fact generated a useful opportunity for those who take advantage of this chance.

3) If someone C, because of preserving what is convenient and dissociated from the truth, harms potentially interested candidate B in seizing this chance, then this person will certainly respond to the theory of loss of a chance, as potentially interested candidate B has the domain end of the entire chain of facts that lead to your interest being harmed - as the burden of proof lies with the accuser, it is easy to prove the entire causal structure and causal links related to this conflict of interests based on the conservatism of others.

4) As Bastiat says, it is necessary to see what is not seen - and once these things are seen, they are always remembered, since truth is the ground of liberty, since justice presupposes seeing the truth contained behind actions human rights, the real truth in the case, which is what really matters, in order to seek a final solution to the conflict and appease conflicting emotions. From the solution of one case comes the precedent for the others to the point of creating jurisprudence, a safe way to resolve conflicts, without having to change the law, unless there is a real need for legislative reform, such as the fact that it is unfair, inappropriate for the current social circumstances we are in, or even contrary to natural law, to conformity with the All that comes from God, which is the reason for all things to be.

José Octavio Dettmann

Rio de Janeiro, June 3rd, 2024 (date of original post).