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The Frontier Between Contractual And Tortious Liability In Europe: Insights From The Case Of Compensation For Pure Economic Loss, Mauro Bussani, Vernon V. Palmer
The Frontier Between Contractual And Tortious Liability In Europe: Insights From The Case Of Compensation For Pure Economic Loss, Mauro Bussani, Vernon V. Palmer
Mauro Bussani
Recoverability of pure economic losses stands at the cutting edge of many crucial questions, such as: To what extent should tort rules be compatible with the market orientation of the legal system? How far can tort liability expand without imposing excessive burdens upon individual activity? As a matter of policy should the recovery of pure economic loss be the domain principally of the law of contract? The paper pursues the goal of sketching possible answers to these questions as far as European jurisdictions are concerned. Thus, it first outlines the factual situations where a pure economic loss is likely to …
The Contract Law Codification Process In Europe: Policies, Targets And Time Dimensions, Mauro Bussani
The Contract Law Codification Process In Europe: Policies, Targets And Time Dimensions, Mauro Bussani
Mauro Bussani
The contribution aims to address the issues implied by the following questions: (a) What is the contract law to be codified? (b) What is the possible impact of a European contract law codification upon the other private law fields? (c) Which are the driving forces behind and ahead of the European codification process? The paper approaches these problems by focusing on the fragmentation in different layers of European contract law within and across national frontiers, and on the bearing that this ‘stratification’ may have on the choice of adopting a code with either a ‘regional’ or a world-wide scope. Moreover, …
À Propos D’Instruments Protecteurs De La Liberté De Contracter Valablement Dans La Jurisprudence Italienne, Mauro Bussani
À Propos D’Instruments Protecteurs De La Liberté De Contracter Valablement Dans La Jurisprudence Italienne, Mauro Bussani
Mauro Bussani
The paper analyzes Italian contract law with regard to the remedies available to the party who enters into an invalid agreement. The article focuses on how Italian courts have so far interpreted the rules laid down in the civil code, the doctrines developed by scholars alongside these rules, and the actual meaning of the notion of fault when applied to these cases.