The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective - Softcover
Synopsis
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 through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
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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 through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
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The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts
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Springer International Publishing Aug 2018, 2018
ISBN 10: 3319850164
ISBN 13: 9783319850160
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Taschenbuch. Condition: Neu. This item is printed on demand - it takes 3-4 days longer - Neuware -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 through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects' freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection. 308 pp. Englisch. Seller Inventory # 9783319850160
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The Draft Common Frame of Reference as a \ Toolbox\ for Domestic Courts
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Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Presents an unbiased description of the evolution of the DCFRDefends the harmonisation of European Private Law using techniques already available in the legal system Includes a thorough description of the evolution of Portuguese codific. Seller Inventory # 448758862
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The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts | A Solution to the Pure Economic Loss Problem from a Comparative Perspective
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ISBN 10: 3319850164
ISBN 13: 9783319850160
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Taschenbuch. Condition: Neu. The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts | A Solution to the Pure Economic Loss Problem from a Comparative Perspective | Marta Santos Silva | Taschenbuch | xxxi | Englisch | 2018 | Springer International Publishing | EAN 9783319850160 | Verantwortliche Person für die EU: Springer Verlag GmbH, Tiergartenstr. 17, 69121 Heidelberg, juergen[dot]hartmann[at]springer[dot]com | Anbieter: preigu. Seller Inventory # 114227738
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"The Draft Common Frame of Reference as a \"Toolbox\" for Domestic Courts"
ISBN 10: 3319850164
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Taschenbuch. Condition: Neu. Neuware -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 through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects¿ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.Springer Verlag GmbH, Tiergartenstr. 17, 69121 Heidelberg 308 pp. Englisch. Seller Inventory # 9783319850160