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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.
Conflict of laws --- Obligations (Law) --- Civil law --- Contracts. --- International unification. --- Personal obligations (Law) --- Contracts --- Damages --- Injuries (Law) --- Measure of damages --- Law and legislation --- Accident law --- Compensation (Law) --- Personal injuries --- Set-off and counterclaim --- Torts --- Negligence --- Law. --- Law --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Private International Law, International & Foreign Law, Comparative Law. --- European Law. --- Theories of Law, Philosophy of Law, Legal History. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Jurisprudence --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Philosophy. --- Promise (Law) --- Private International Law, International & Foreign Law, Comparative Law . --- Law—Europe. --- Law—Philosophy. --- Europe --- Law and legislation.
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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.
Legal theory and methods. Philosophy of law --- European law --- International private law --- History --- geschiedenis --- Europees recht --- internationaal privaatrecht --- Europe
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Currently, we are witnessing a "border game"with participants on a global scale. The massive movement of illegal immigrants and refugees who have arrived in Europe over the last few months has led political leaders, activists' movements and anonymous citizens to rethink practices and discourses. The media have multiplied news stories about mobilization initiatives that go well beyond the sphere of the state and even operate on the fringes of the law. Nationalism and identity issues have found their way onto the EU and its member-states' agenda while the international community argues about the urgency to collaborate to address one of the greatest problems seen in Europe since the Second World War. Schengen borders have been suffering reconfigurations on an almost daily basis and Schengen has even been temporarily suspended in some countries, with the ghost of the end of the Union hovering over Europe. The series of multidisciplinary texts collected in this book offer the reader a variety of perspectives on the understanding of the Schengen area. Broadly speaking, this volume includes reflections on subjects that embrace the debates on the concept and practices of the free movement of persons within Europe, the security dimension of the European Union, illegal immigration and migration management, human rights and the role of various players and interests. This is the book to read if you wish to understand the latest developments in the Schengen area on its 30th anniversary.--
Border security --- Freedom of movement --- Admission of nonimmigrants --- International travel regulations --- Schengen Agreement --- Accords de Schengen --- Akkoorden van Schengen --- Schengen-overeenkomst --- Schengen-verdrag --- Schengenakkoord --- #SBIB:327.7H233 --- #SBIB:327.7H231 --- Europese Unie: externe relaties, buitenlands- en defensiebeleid (ook WEU) --- Europese Unie: sociaal-economisch beleid, landbouw-, milieu-, cultuur- en communicatiebeleid --- Emigration and immigration law --- Emigration et immigration --- Droit --- European Union countries --- Boundaries --- Border security - European Union countries - Congresses --- Freedom of movement - European Union countries - Congresses --- Admission of nonimmigrants - European Union countries - Congresses --- International travel regulations - European Union countries - Congresses --- Borderlands --- Geopolitics --- International relations. --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- Borders (Geography) --- Boundary lines --- Frontiers --- Geographical boundaries --- International boundaries --- Lines, Boundary --- Natural boundaries --- Perimeters (Boundaries) --- Political boundaries --- Territory, National --- Border-lands --- Border regions --- Accord de Schengen --- Accord entre les gouvernements des Etats de l'Union économique Benelux, de la République fédérale d'Allemagne et de la République française relatif à la suppression graduelle des contrôles aux frontières communes --- Akkord van Schengen --- Schengener Abkommen --- Shengensʹka uhoda --- Übereinkommen zwischen den Regierungen der Staaten der Benelux-Wirtschaftsunion, der Bundesrepublik Deutschland und der Französischen Republik betreffend den schrittweisen Abbau der Kontrollen an den gemeinsamen Grenzen
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This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact
Science: general issues --- Botany & plant sciences --- Metabolomics --- Mass Spectrometry --- Nuclear Magnetic Resonance --- metabolic profiling --- Crop development
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This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact
Metabolomics --- Mass Spectrometry --- Nuclear Magnetic Resonance --- metabolic profiling --- Crop development
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This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact
Science: general issues --- Botany & plant sciences --- Metabolomics --- Mass Spectrometry --- Nuclear Magnetic Resonance --- metabolic profiling --- Crop development
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