The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective - Brossura

Santos Silva, Marta

 
9783319850160: The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective
Brossura
ISBN 10: 3319850164 ISBN 13: 9783319850160
Casa editrice: Springer, 2018

Sinossi

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.

Le informazioni nella sezione "Riassunto" possono far riferimento a edizioni diverse di questo titolo.

Dalla quarta di copertina

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.

Le informazioni nella sezione "Su questo libro" possono far riferimento a edizioni diverse di questo titolo.

Editore
Springer
Data di pubblicazione
2018
Lingua
Inglese
ISBN 10 
3319850164
ISBN 13 
9783319850160
Rilegatura
Copertina flessibile
Numero di pagine
308
Contatto del produttore
Springer Nature Customer Service Center GmbH
ProductSafety@springernature.com

Europaplatz 3,69115 Heidelberg, Germany
Heidelberg
69115
Germania

Altre edizioni note dello stesso titolo

9783319529226: The Draft Common Frame of Reference As a "Toolbox" for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective

Edizione in evidenza

ISBN 10:  3319529226 ISBN 13:  9783319529226
Casa editrice: Springer Nature, 2017
Rilegato