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

Viac o knihe

Focusing on the adjudication of complex legal disputes, the book explores the potential for national courts to adopt innovative foreign solutions. It emphasizes the significance of "legally relevant damage" in addressing the challenges posed by "pure economic loss" in Portuguese and German tort law. By critiquing the limitations imposed by the concept of unlawfulness, the author argues for a more proactive judicial approach, advocating for the use of DCFR-based solutions to enhance legal certainty and protect all compensable losses.