The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts
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 t
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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
The Draft Common Frame of Reference as a “Toolbox” for Domestic Courts
Marta Santos Silva
The Draft Common Frame of Reference as a “Toolbox” for Domestic Courts A Solution to the Pure Economic Loss Problem from a Comparative Perspective
Marta Santos Silva Faculty of Law University of Osnabrück Osnabrück, Germany
ISBN 978-3-319-52922-6 ISBN 978-3-319-52923-3 DOI 10.1007/978-3-319-52923-3
(eBook)
Library of Congress Control Number: 2017939569 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Foreword
I met Dr. Marta Santos Silva when she was a promising student at the Law School of the Portuguese Catholic University in Oporto and have followed, with great interest, her subsequent steps as a bright young scholar. I was, therefore, deeply honoured by her invitation to write a small foreword to this book, which focuses on the concept of loss in tort law and, particularly, so-called pure economic loss. James Gordley1 pointed out that, although there may be valid reasons to deny recovery of pure economic loss, the exclusionary rule “was adopted for reasons which commended themselves to the 19th century conceptualists”. The exclusionary rule is a recent one but despite the new wording it is, to some extent, an old problem. Compensation for pure economic loss was admitted in the Middle Ages and resulted in heated debate.2 Conversely, Christian von Bar, in his fundamental work, “The Common European Law of Torts”,3 rightly stated that the Portuguese Civil
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