Silva, Marta Santos
The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts
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
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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
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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.)
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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
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9. § 9
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10. § 10
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Keywords: Law, Private International Law, International & Foreign Law, Comparative Law, European Law, Theories of Law, Philosophy of Law, Legal History
- Author(s)
- Silva, Marta Santos
- 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