Draft Common Frame of Reference as a "Toolbox" for Domestic Courts

Draft Common Frame of Reference as a "Toolbox" for Domestic Courts

A Solution to the Pure Economic Loss Problem from a Comparative Perspective

Santos Silva, Marta

Springer International Publishing AG

05/2017

275

Dura

Inglês

9783319529226

15 a 20 dias


Versão ebook 109,99 €

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes.
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 Another in the Portuguese Civil Code.- Drawbacks of Unlawfulness and Compensation of Pure Economic Loss.- 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.).- 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: The Deadlock of Pure Economic Loss and the Quest for a Solution.- Could Portuguese Courts Use the DCFR over National Sources of Law?.- Should the Portuguese Courts Use the DCFR Concept of "Legally Relevant Damage"?.
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