The Draft Common Frame of Reference as a Toolbox for Domestic Courts is popular PDF and ePub book, written by Marta Santos Silva in 2017-07-03, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, The Draft Common Frame of Reference as a Toolbox for Domestic Courts can be Read Online from any device for your convenience.
The Draft Common Frame of Reference as a Toolbox for Domestic Courts Book PDF 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.
Detail Book of The Draft Common Frame of Reference as a Toolbox for Domestic Courts PDF
- Author : Marta Santos Silva
- Release : 03 July 2017
- Publisher : Springer
- ISBN : 9783319529233
- Genre : Law
- Total Page : 295 pages
- Language : English
- PDF File Size : 20,8 Mb
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