A compensatio lucri cum damno na responsabilidade civil pré-contratual das entidades adjudicantes

Abstract

The occurrence of a harmful event does not always only result in disadvantages for the injured party, but it can also bring advantages. In fact, when a certain harmful event brings certain advantages to the injured party, it is debated whether these advantages should be deducted from the quantum of compensation to be paid by the injured party, by virtue of the principle of compensatio lucri cum damno. This discussion, which originated in Civil Law, has gradually been brought into the field of the Administrative Law. However, it is not clear that this principle can be applied to the Pre-Contractual Civil Liability of Contracting Authorities. Therefore, the first part of this research begins by addressing the issue of the Pre-Contractual Civil Liability of Contracting Authorities, the principle of compensatio lucri cum damno and the respective admissibility of this principle in the context of Administrative Law. The second stage of this research concerns the admissibility of this principle in the context of the Pre-Contractual Civil Liability of Contracting Authorities, with a special focus on the case of unlawful rejection of a competitor in a public tender procedure and other similar cases.

Date of Award	9 Dec 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rui Medeiros (Supervisor)