Hidden Bibliographic Details
| ISBN: | 9783319529233
3319529234
9783319529226
3319529226
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| Digital file characteristics: | text file
PDF
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| Notes: | Includes bibliographical references and index.
Online resource; title from PDF title page (EBSCO, viewed July 13, 2017).
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| 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.--
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| Other form: | Print version: Santos Silva, Marta. Draft common frame of reference as a "toolbox" for domestic courts. Cham : Springer, 2017 3319529226 9783319529226
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| Standard no.: | 10.1007/978-3-319-52923-3.
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