THE LOSS OF CHANCE IN THE FORENSIC MANDATE: CIVIL LIABILITY ANALYSIS FROM A EUROPEAN AND BRAZILIAN LEGAL PERSPECTIVE

The mandate contract (in casu, the forensic mandate) is legally regulated by the civil law and is well knowledge. If the representative deposited all his interests and confidence in art, wisdom and experience of the agent, quid iuris (?) if, for any reason he does not act according to the leges artis and thus creates irreparable damage to the customer. It will be the customer the weakest link? Will be the damage with whom suffers (customer) – casum sentit dominus? In this sense, the present scientific article is dedicated to the in-depth study and reflection conferred on the matter in a European juridical context, with approaches to comparative law and devoting a special topic to the legal-positive treatment conferred by the Brazilian legal system.