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Silva, Marta Santos

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

Silva, Marta Santos - The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts, ebook

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ISBN: 9783319529233
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Table of contents

Part I. The Portuguese Civil Code Through the Prism of the Draft Common Frame of Reference (DCFR)

1. § 1 Portuguese Codified Law and Its Broad-Minded Attitude Towards Comparative Law and Jurisprudence from a Historical Perspective
Marta Santos Silva

2. § 2 Judges as Key Players in the Development of European Private Law
Marta Santos Silva

3. § 3 A Role for the DCFR in Domestic Adjudication
Marta Santos Silva

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 Loss”

4. § 4 General Remarks on the Non-Contractual Liability Regime Arising Out of Damage Caused to Another in the Portuguese Civil Code
Marta Santos Silva

5. § 5 Drawbacks of Unlawfulness and Compensation of Pure Economic Loss
Marta Santos Silva

6. § 6 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.)
Marta Santos Silva

7. § 7 Reception of the DCFR’s Concept of “Legally Relevant Damage” and Its Potential for the Protection of Pure Economic Interests
Marta Santos Silva

Part III. Critical Remarks: Cutting the Gordian Knot with the DCFR

8. § 8 The Deadlock of Pure Economic Loss and the Quest for a Solution
Marta Santos Silva

9. § 9 Could Portuguese Courts Use the DCFR over National Sources of Law?
Marta Santos Silva

10. § 10 Should the Portuguese Courts Use the DCFR Concept of “Legally Relevant Damage”?
Marta Santos Silva

Keywords: Law, Private International Law, International & Foreign Law, Comparative Law, European Law, Theories of Law, Philosophy of Law, Legal History

Author(s)
Publisher
Springer
Publication year
2017
Language
en
Edition
1
Page amount
31 pages
Categories
Upbringing, Education
 
Society
Format
Ebook
eISBN (PDF)
9783319529233
Printed ISBN
978-3-319-52922-6

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