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
Resource Information
The item 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 represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Sydney Jones Library, University of Liverpool.This item is available to borrow from 1 library branch.
Resource Information
The item 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 represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Sydney Jones Library, University of Liverpool.
This item is available to borrow from 1 library branch.
- 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 zlegally relevant damagey and its importance in overcoming the deadlock created by the category of zpure economic lossy in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (zRechtswidrigkeity), 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.--
- Language
- eng
- Extent
- 1 online resource.
- Contents
-
- 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 zLegally Relevant Damagey as a Way to Break the Stalemate Created by the Category zPure Economic Lossesy: 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 zLegally Relevant Damagey 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 zLegally Relevant Damagey?
- Isbn
- 9783319529226
- 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
- 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 zlegally relevant damagey and its importance in overcoming the deadlock created by the category of zpure economic lossy in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (zRechtswidrigkeity), 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.--
- Assigning source
- Provided by publisher
- Cataloging source
- N$T
- http://library.link/vocab/creatorName
- Santos Silva, Marta
- Dewey number
- 347.732
- Index
- no index present
- LC call number
- KF8719
- Literary form
- non fiction
- Nature of contents
- dictionaries
- http://library.link/vocab/subjectName
-
- Procedure (Law)
- Courts
- Court congestion and delay
- Courts
- 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
- Antecedent source
- unknown
- Carrier category
- online resource
- Carrier category code
-
- cr
- Carrier MARC source
- rdacarrier
- Color
- multicolored
- 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): 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 zLegally Relevant Damagey as a Way to Break the Stalemate Created by the Category zPure Economic Lossesy: 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 zLegally Relevant Damagey 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 zLegally Relevant Damagey?
- Dimensions
- unknown
- Extent
- 1 online resource.
- File format
- unknown
- Form of item
- online
- Isbn
- 9783319529226
- Level of compression
- unknown
- Media category
- computer
- Media MARC source
- rdamedia
- Media type code
-
- c
- Quality assurance targets
- not applicable
- Reformatting quality
- unknown
- Sound
- unknown sound
- Specific material designation
- remote
- System control number
- ocn992988861
- 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
- Antecedent source
- unknown
- Carrier category
- online resource
- Carrier category code
-
- cr
- Carrier MARC source
- rdacarrier
- Color
- multicolored
- 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): 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 zLegally Relevant Damagey as a Way to Break the Stalemate Created by the Category zPure Economic Lossesy: 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 zLegally Relevant Damagey 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 zLegally Relevant Damagey?
- Dimensions
- unknown
- Extent
- 1 online resource.
- File format
- unknown
- Form of item
- online
- Isbn
- 9783319529226
- Level of compression
- unknown
- Media category
- computer
- Media MARC source
- rdamedia
- Media type code
-
- c
- Quality assurance targets
- not applicable
- Reformatting quality
- unknown
- Sound
- unknown sound
- Specific material designation
- remote
- System control number
- ocn992988861
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.liverpool.ac.uk/portal/The-draft-common-frame-of-reference-as-a/N6hRabkpnjU/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.liverpool.ac.uk/portal/The-draft-common-frame-of-reference-as-a/N6hRabkpnjU/">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</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.liverpool.ac.uk/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.liverpool.ac.uk/">Sydney Jones Library, University of Liverpool</a></span></span></span></span></div>