| Description |
1 online resource |
| Series |
The common core of European private law |
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Common core of European private law.
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| Contents |
General information / Vernon Valentine Palmer -- Part I. The rise of non-pecuniary damage in European law: Trapped in categories : on the history of compensation for immaterial damages in European contract law / Nils Jansen -- Moral damages in the age of codification / Vernon Valentine Palmer -- The French awakening in the nineteenth century / Vernon Valentine Palmer -- English law : the search for non-pecuniary damages in an 'historical system' / Vernon Valentine Palmer -- Part II. The recovery of non-pecuniary loss in modern contract law: European contractual regimes : the contemporary approaches / Vernon Valentine Palmer -- Questionnaire, national reports and commentary : the comparative evidence -- Conclusions and observations / Vernon Valentine Palmer -- Appendix. Preliminary taxonomy and glossary of moral damages |
| Summary |
"This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike"-- Provided by publisher |
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"This book with its unique focus - the recovery of non-pecuniary loss in European contract law - has proved to be a fascinating and enlightening field of research. Speaking personally, I hope that it helps us understand how and why European law reached its present state, and to appreciate the remarkable rise of non-pecuniary damage in European contract law today. The recovery of immaterial damage in the field of delict is of course an everyday occurrence. Non-pecuniary awards flourish in tort and may be considered the rule rather than the exception. The picture is however otherwise in the field of contract. In some European systems the recovery of "moral" or non-pecuniary damage ex contractu is not permitted; in others it is allowed only exceptionally or only when specifically authorized by legislation. In certain national systems contractual awards are apparently freely permitted, though the award levels are not generous. Through historical research we attempted to bring to light the background of this situation inthe modern law, and through the Common Core's case study methodology we sought to present the modern law in greater detail. We attempted to pinpoint, distinguish and compare the national differences and similarities, and ultimately to classify national approaches into some kind of intelligible order"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Moral damages (Civil law) -- Europe
|
|
Breach of contract -- Europe
|
|
LAW -- Civil Law.
|
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LAW -- Administrative Law & Regulatory Practice.
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Breach of contract
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Moral damages (Civil law)
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Europe
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| Form |
Electronic book
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| Author |
Palmer, Vernon V., author.
|
| ISBN |
9781316320723 |
|
1316320723 |
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9781316162378 |
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1316162370 |
|
