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Compensating for pure economic loss in liberal, pragmatic, and conservative regimes of tort: ways of concept implementation in Ukraine
Taras Shevchenko National University of Kyiv |
Date Issued |
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2022 |
Naudota literatūra - išnašose.
One of the most controversial and ambiguous problems in the field of tort law at the international level is the problem of compensation for pure economic loss. To solve it, foreign doctrine and the case law of many developed countries have singled out their own approaches based on the features of specific legal systems. In this article, the author considers approaches to pure economic loss in European judicial practice of the 19th–20th centuries, and determines the ways in which they influenced the development of modern liability regimes. This article also touches on the modern judicial practice of the European Court of Justice. The second part of this paper summarizes the most important features of three modern regimes of tort liability by studying the examples of particular countries. The third section focuses on the approach and the ability to recover pure economic loss in Ukraine, and also provides suggestions on improving and adopting regulation from connected Western experience.