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

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


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About the Book

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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Product Details
  • ISBN-13: 9783319850160
  • Publisher: Springer
  • Publisher Imprint: Springer
  • Height: 234 mm
  • No of Pages: 275
  • Spine Width: 17 mm
  • Weight: 485 gr
  • ISBN-10: 3319850164
  • Publisher Date: 01 Aug 2018
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Sub Title: A Solution to the Pure Economic Loss Problem from a Comparative Perspective
  • Width: 156 mm


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