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THE AUTONOMY OF DAMAGES IN THE RECENT NATIONAL CASE LAW: A PARADIGM SHIFT?
The current work aims to tackle the autonomy of damages compensation for breach of contract within the current national precedent, by analyzing, systematizing and determining the pertinence of the premises and arguments that have been cited by the national courts to hold autonomy damages against breach of a debtor, getting away from the judicial reasoning which, for decades has postulated that this remedy could only be demanded as an accessory action or remedy, concurrent or supplementary to the aspiration of specific performance remedy or termination of contract.