The Draft Common Frame of Reference as a "Toolbox" for by Marta Santos Silva PDF

By Marta Santos Silva

This ebook investigates no matter if nationwide courts may possibly and will import leading edge ideas from overseas within the adjudication of complicated felony disputes. distinctive realization is paid to the idea that of “legally appropriate harm” and its significance in overcoming the impasse created via the class of “pure fiscal loss” within the Portuguese and German tort legislation structures. those platforms are basically in keeping with the concept that of unlawfulness (“Rechtswidrigkeit”), which limits the repayment for natural financial loss to the place a protecting rule is infringed. those losses have however been compensated for in the course of the wide interpretation of principles and the entice near-contractual units, which has been unsafe to felony simple task, the equality earlier than the legislations, and topics’ freedom of motion. This ebook explains why courts can and will take a proactive function and practice DCFR-based suggestions in an effort to catch up on each loss that's useful of felony protection.

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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 Comparative Perspective by Marta Santos Silva


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