: A record-champion equestrian is on her way to a horse race. On the way, she is involved in an accident not caused by her. As a result of the accident, she cannot compete in the race. In civil liability law, it is general consensus that in this case the equestrian can claim the damage suffered - to her car, her horse, and any physical and even possibly mental injuries. But can she claim more than that? Does it make a difference that she was on the way to a race where she intended to compete (and possibly win)? Since 1889, in French civil liability law, a lost opportunity can constitute a compensable loss under the condition that the lost chance is of a direct and particular nature. As “the actual and certain disappearance of a favourable eventuality” in case law, French courts tend to consider a lost opportunity raised as a valid compensation claim, just as an actual loss suffered. This extensive understanding of a lost opportunity in French civil law is unique compared to other European systems, such as the [...]
: This article explores the tension between the legal status of animals as property and their growing recognition as sentient beings. It traces the evolution of legal and ethical thinking on animal issues, distinguishing between two waves of thought: the first, based on individual rights and liberal rationality, and the second, more inclusive and critical, incorporating feminist, ecologist and post-colonial approaches. The article proposes several avenues for reform, ranging from the recognition of animal legal personality to the creation of specific legal categories, but highlights the limits of these overly theoretical approaches. In practice, progress is best achieved through concrete legislative reforms (such as the French laws of 2021 or the Italian constitutional reform of 2022) and strategic litigation, aimed at enforcing or interpreting existing laws in favor of animals. In short, the article argues for a more pragmatic and coherent approach to animal protection, while calling for a move beyond traditi[...]