Da ressarcibilidade do dano económico puro
: um estudo de responsabilidade civil

  • Pedro António Marreilha dos Santos da Palma Gonçalves (Student)

Student thesis: Master's Thesis

Abstract

Is it possible to admit the compensation of pure economic losses - also known as pure financial losses, a figure arising from the case-law of common law jurisdictions - in the light of historical and contemporary dogmatic conceptions of the theory of civil liability, foreign and national positive law and Portuguese jurisdictional practice regarding actions for damages? If not, why not? If yes, on what grounds(s)? By means of a theoretical-practical analysis and through the concretization through a dyad of Illustrative Cases, the abovementioned questions shall be answered. In these terms, we propose to initiate a positive exegesis and a grounded reasoning on the civilist dogmatics that will lead us, eventually, to reconsider the current status of recovery of pure economic losses within the national legal system.
Date of Award21 Oct 2020
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorHenrique Sousa Antunes (Supervisor)

Keywords

  • Pure economic losses
  • Pure economic damages
  • Pure financial loss
  • Compensation
  • Case-by-case approach
  • Civil liability
  • Civil liability sources/provisions
  • Article 483(1) of the Civil Code
  • General clause
  • Unlawfulness
  • Preconditions
  • Juridical loopholes
  • “10 commandments”
  • Helmut Koziol
  • Common law
  • Civil law
  • Floodgate argument
  • Rights

Designation

  • Mestrado em Direito

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