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The Economic Analysis of Civil Law 2nd Edition

The Economic Analysis of Civil Law 2nd Edition

Author: Hans-Bernd Schäfer; Claus Ott
Publisher: Edward Elgar Publishing
ISBN: 9780857935144

Published In: March 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780857935069

List Price: HKD 649.35

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Description
Contents

Details

This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.

Key Features:

Examples and cases that illustrate central concepts of the economic analysis of law in relation to civil law doctrines
Examination of the core areas of civil law: tort law, contract law, property law, intellectual property law as well as basic problems of insolvency law and corporate law
In-depth analysis of the legal rules of statutory law and judge-made law, demonstrating the extent to which these rules are either based on economic criteria or run parallel to them – and the extent to which such criteria facilitate the application and further development of law

This substantially revised second edition presents the latest insights into legal economic research, including important empirical and behavioural deliberations. It will be a valuable guide for advanced undergraduate and postgraduate students of law and economics.

Introduction to The Economic Analysis of Civil Law

PART I FUNDAMENTALS

1. Alternative decisions, consequences, and evaluations

2. Normative foundations – What is social welfare? Problems of social choice

3. Economics, property rights and economic analysis of law

4. Homo economicus, behavioural economics, and paternalism

PART II ECONOMIC ANALYSIS OF TORT LAW

5. Objectives and regulatory problems of tort law, the magic triangle of tort law

6. Fault liability and strict liability

7. Reciprocal and bilateral damages

8. Attribution of damage, causality

9. The scope of protection by tort law, liberal rights, pure economic loss, and non-pecuniary damage

10. Special problems of tort law: product liability, environmental liability, compensation for pain and suffering, vicarious liability, limits of civil liability

PART III ECONOMIC ANALYSIS OF CONTRACT LAW

11. On the economic analysis of contractual freedom and contract law

12. The fully specified contract and its reconstruction by default rules

13. Complementary contract interpretation, base of the contract, reconstruction of the fully specified contract, and fair distribution of the total surplus from a contract

14. Economic analysis of breach of contract, impossibility and delay

15. Liability for defects in sales contracts and contracts for work

16. Ignorance, trust, opportunism and efficiency

17. Legal protection of legitimate expectations in the law of exchange of goods and services

PART IV PROPERTY RIGHTS (ABSOLUTE RIGHTS)

18. Concept, function and design of property rights

19. The transfer of rights by acquisition in good faith

20. Involuntary transaction of property through taking and regulatory taking

21. Insolvency and conflicting security interests of creditors

22. Incompatible use of land and efficient use of an area

23. Intellectual property rights, the generation of innovations

PART V CORPORATE LAW