The purpose of this essay is to reframe the conceptual divisionbetween rights and remedies by identifying those issues that aregenerally raised in the legal discourse when dealing with the twoperspectives. The focus will be particularly on: policies that governrights and remedies, judicial discretion, and judicial interpretation.While the traditional account based on a sharp opposition of rightsand remedies proved to be untrustworthy, the proposed conceptualizationhelps to outline the distinction in a more realistic way.
|Numero di pagine||42|
|Rivista||EUROPA E DIRITTO PRIVATO|
|Stato di pubblicazione||Published - 2014|