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The Resource 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

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

Label
The Draft Common Frame of Reference as a "toolbox" for domestic courts : a solution to the pure economic loss problem from a comparative perspective
Title
The Draft Common Frame of Reference as a "toolbox" for domestic courts
Title remainder
a solution to the pure economic loss problem from a comparative perspective
Statement of responsibility
Marta Santos Silva
Creator
Author
Subject
Language
eng
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 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--Back cover
Cataloging source
BTCTA
http://library.link/vocab/creatorName
Santos Silva, Marta
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Damages
  • Damages
  • Damages
Label
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
Instantiates
Publication
Copyright
Note
Originally presented as the author's thesis (Ph.D.)--University of Osnabrück, 2016
Bibliography note
Includes bibliographical references (pages 237-268) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Part I. The Portuguese Civil Code through the prism of the Draft Common Frame of Reference (DCFR). 1. Portuguese codified law and its broad-minded attitude towards comparative law and jurisprudence from a historical perspective -- 2. Judges as key players in the development of European private law -- 3. 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 loss". 4. General remarks on the non-contractual liability regime arising out of damage caused to another in the Portuguese civil code -- 5. Drawbacks of unlawfulness and compensation of pure economic loss -- 6. General remarks on the non-contractual liability regime arising out of damage caused to another in the Draft common frame of reference (PEL. Liab. Dam.) -- 7. Reception of the DCFR's concept of "legally relevant damage" and its potential for the protection of pure economic interests -- Part III. Critical remarks: cutting the Gordian knot with the DCFR. 8. The deadlock of pure economic loss and the quest for a solution -- 9. Could Portuguese courts use the DCFR over national sources of law? -- 10. Should the Portuguese courts use the DCFR concept of "legally relevant damage"?
Dimensions
24 cm
Extent
xxxi, 275 pages
Isbn
9783319529226
Lccn
2017939569
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)967501192
Label
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
Publication
Copyright
Note
Originally presented as the author's thesis (Ph.D.)--University of Osnabrück, 2016
Bibliography note
Includes bibliographical references (pages 237-268) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Part I. The Portuguese Civil Code through the prism of the Draft Common Frame of Reference (DCFR). 1. Portuguese codified law and its broad-minded attitude towards comparative law and jurisprudence from a historical perspective -- 2. Judges as key players in the development of European private law -- 3. 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 loss". 4. General remarks on the non-contractual liability regime arising out of damage caused to another in the Portuguese civil code -- 5. Drawbacks of unlawfulness and compensation of pure economic loss -- 6. General remarks on the non-contractual liability regime arising out of damage caused to another in the Draft common frame of reference (PEL. Liab. Dam.) -- 7. Reception of the DCFR's concept of "legally relevant damage" and its potential for the protection of pure economic interests -- Part III. Critical remarks: cutting the Gordian knot with the DCFR. 8. The deadlock of pure economic loss and the quest for a solution -- 9. Could Portuguese courts use the DCFR over national sources of law? -- 10. Should the Portuguese courts use the DCFR concept of "legally relevant damage"?
Dimensions
24 cm
Extent
xxxi, 275 pages
Isbn
9783319529226
Lccn
2017939569
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)967501192

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