Screen LibraryThe Draft Common Frame of Reference as a "Toolbox" for Domestic Courts : A Solution to the Pure Economic Loss Problem from a Comparative Perspective /
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of legally relevant damage and its importance in overcoming the deadlock created by the category of pure eco...
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| Published: |
Springer International Publishing : Imprint: Springer,
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| Publisher Address: | Cham : |
| Publication Dates: | 2017. |
| Literature type: | eBook |
| Language: | English |
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| Online Access: |
http://dx.doi.org/10.1007/978-3-319-52923-3 |
| Summary: |
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of legally relevant damage and its importance in overcoming the deadlock created by the category of pure economic loss in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness ( Rechtswidrigkeit ), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for throu |
| Carrier Form: | 1 online resource(XXVII,549pages) |
| ISBN: | 9783319529233 |
| Index Number: | K7000 |
| CLC: | D971.262 |
| Contents: | Part I - The Portuguese Civil Code Through the Prism of the Draft Common Frame of Reference (DCFR): Portuguese Codified Law and its Broad-minded Attitude Towards Comparative Law and Jurisprudence from a Historical Perspective -- Judges as Key Players in the Development of European Private Law -- A Role for the DCFR in Domestic Adjudication -- Part II - A Plea for the Informal Acceptance of the Concept of Legally Relevant Damage as a Way to Break the Stalemate Created by the Category Pure Economic Losses : General Remarks on the Non-contractual Liability Regime Arising out of Damage Caused to |