The draft common frame of reference as a "toolbox" for domestic courts : a solution to the pure economic loss problem from a comparative perspective

Resource Information

The work The draft common frame of reference as a "toolbox" for domestic courts : a solution to the pure economic loss problem from a comparative perspective represents a distinct intellectual or artistic creation found in Sydney Jones Library, University of Liverpool. This resource is a combination of several types including: Work, Language Material, Books.

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 remainder

a solution to the pure economic loss problem from a comparative perspective

Statement of responsibility

Marta Santos Silva

Creator

• Santos Silva, Marta
• Santos Silva, Marta

Author

• Santos Silva, Marta
• Santos Silva, Marta

Subject

• Court congestion and delay
• Courts -- Economic aspects
• Courts -- Interpretation and construction
• Procedure (Law) -- United States

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

Dewey number

347.732

Index

no index present

LC call number

KF8719

Literary form

non fiction

Nature of contents

dictionaries