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The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts - A Solution to the Pure Economic Loss Problem from a... The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts - A Solution to the Pure Economic Loss Problem from a Comparative Perspective (Hardcover, 1st ed. 2017)
Marta Santos Silva
R4,348 Discovery Miles 43 480 Ships in 12 - 17 working days

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.

Coronavirus and the Law in Europe (Hardcover): Ewoud Hondius, Marta Santos Silva, Andrea Nicolussi, Pablo Salvador Coderch,... Coronavirus and the Law in Europe (Hardcover)
Ewoud Hondius, Marta Santos Silva, Andrea Nicolussi, Pablo Salvador Coderch, Christiane Wendehorst, …
R4,367 Discovery Miles 43 670 Ships in 12 - 17 working days

On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address. The aims of this book are twofold. First, it is intended to serve as a "toolbox" for domestic and European judges. They will soon be dealing with the interpretation of COVID-19-related legislation and administrative measures, as well as the disruption the pandemic has caused to society and fundamental rights. Second, it aims to assist businesses and citizens who wish to be informed about the implications of the virus in the existence, performance and enforcement of their contracts. Coronavirus and the Law in Europe is probably the largest academic publication on the impact of pandemic on the law. This academic endeavour is a joint, collaborative effort to structure the recent and ongoing legal developments into a coherent and pan-European overview on coronavirus and the law. It covers practically all European countries and legal disciplines and comprises contributions from more than 80 highly reputed European academics and practitioners.

The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts - A Solution to the Pure Economic Loss Problem from a... The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts - A Solution to the Pure Economic Loss Problem from a Comparative Perspective (Paperback, Softcover reprint of the original 1st ed. 2017)
Marta Santos Silva
R2,793 Discovery Miles 27 930 Ships in 10 - 15 working days

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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