| 书目名称 | The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts | | 副标题 | A Solution to the Pu | | 编辑 | Marta Santos Silva | | 视频video | | | 概述 | Presents an unbiased description of the evolution of the DCFR.Defends the harmonisation of European Private Law using techniques already available in the legal system.Includes a thorough description o | | 图书封面 |  | | 描述 | .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.. | | 出版日期 | Book 2017 | | 关键词 | Draft Common Frame of Reference; Legally relevant damage; Pure economic loss; Unlawfulness; Civil Code; N | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-319-52923-3 | | isbn_softcover | 978-3-319-85016-0 | | isbn_ebook | 978-3-319-52923-3 | | copyright | Springer International Publishing AG 2017 |
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发表于 2025-3-21 19:04:47
