Comparative Contract Law and Economics

This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume. Contents: 1. Introduction 2.

Comparative Contract Law and Economics

'This monograph sets a model for what good comparative law and economics scholarship should look like. Solid legal thinking is coupled with sound and accessible economic analysis, with attention to real life legal problems.' - Francesco Parisi, University of Minnesota, US and University of Bologna, Italy

Comparative Law and Economics

By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research.

Comparative Law and Economics

Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.

Comparative Law and Economics

The book links the study of comparative law with the study of law and economics

Comparative Law and Economics

The book links the study of comparative law with the study of law and economics

Typical Personal Security Rights in the EU

This volume offers an in-depth analysis of the current status of the law and legal practice of personal security rights in the EU. The impact of the financial crisis is specifically considered and the treatment of personal security rights ...

Typical Personal Security Rights in the EU

This volume offers an in-depth analysis of the current status of the law and legal practice of personal security rights in the EU. The impact of the financial crisis is specifically considered and the treatment of personal security rights in the Basel II Accord is critically addressed. While focusing on Italian and Spanish legal systems, this comparative study includes extensive references to other EU Member States. The influence of EU private law on this area is also explored. The implications of a harmonised regime for personal security rights in the EU are analysed both from an economic and a legal perspective. In this context, specific reference is made to the latest academic works and policy proposals for EU legal unification ( Principles of European Contract Law / Draft Common Frame of Reference ).

Basic Principles of Property Law

Discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set ...

Basic Principles of Property Law

Discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set legal foundations for working markets.

Economics of Comparative Law

The volume brings together twenty important contributions on property law, contract law, tort law, corporate law, intellectual property law, litigation law and the legal system, and shows how economics can enrich the study of comparative ...

Economics of Comparative Law


Regulating Vertical Agreements

Introduction --Economic Analysis of Vertical Agreements --Antitrust Enforcement of Vertical Agreements in Brazil --Vertical Agreement Policy and Enforcement in the European Union --Enforcement Costs of Vertical Agreements: A Comparative Law ...

Regulating Vertical Agreements

Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of 'economic efficiency' in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world's leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.

Comparative Law and Society

This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date ...

Comparative Law and Society

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

Institutional Competition between Common Law and Civil Law

This book addresses two countervailing challenges to theory and policy in law and economics.

Institutional Competition between Common Law and Civil Law

This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.

Methods of Comparative Law

Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law.

Methods of Comparative Law

Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

Comparative Law

This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars.

Comparative Law

This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law.

The Comparative Law and Economics of Reinsurance

The discussion of recent significant judgements and the analysis of dispute resolution within the reinsurance relationship enhance the benefits of this work.

The Comparative Law and Economics of Reinsurance

The increasing number of lawsuits in connection with reinsurance contracts is drawing attention to the law of reinsurance and to the responsibilities of brokers and underwriters. This publication systematically depicts the legal and economic foundations of reinsurance. The comparative approach used here provides, with regard to English and German law, the reader with a comprehensive and practical guideline to the latest reinsurance issues. At the same time it makes apparent the differences between the common law system and the continental law system. Questions pertaining to the law of insurance contracts and supervisory regulations as well as problems concerning the conflict of laws and European reinsurance law are carefully considered. The discussion of recent significant judgements and the analysis of dispute resolution within the reinsurance relationship enhance the benefits of this work. It is intended for all people dealing with reinsurance matters; especially primary insurers, reinsurers, brokers and their consultants. The author is a lawyer and general counsel for a major reinsurance group. He has published numerous studies on the subject of insurance law.

Compensating Catastrophe Victims

This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility.

Compensating Catastrophe Victims

This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programmes for catastrophe victims.

Judgement Proof Robots and Artificial Intelligence

This book addresses the role of public policy in regulating the autonomous artificial intelligence and related civil liability for damage caused by the robots (and any form of artificial intelligence).

Judgement Proof Robots and Artificial Intelligence

This book addresses the role of public policy in regulating the autonomous artificial intelligence and related civil liability for damage caused by the robots (and any form of artificial intelligence). It is a very timely book, focusing on the consequences of judgment proofness of autonomous decision-making on tort law, risk and safety regulation, and the incentives stemming from these. This book is extremely important as regulatory endeavours concerning AI are in their infancy at most, whereas the industry’s development is continuing in a strong way. It is an important scientific contribution that will bring scientific objectivity to a, to date, very one-sided academic treatment of legal scholarship on AI.

The Regulatory Function of Contract Law

This thesis challenges the traditional view of national contract laws as facilitative regimes and argues that contract law on the national level has been progressively re-oriented to perform an efficiency-driven regulatory function.

The Regulatory Function of Contract Law

This thesis challenges the traditional view of national contract laws as facilitative regimes and argues that contract law on the national level has been progressively re-oriented to perform an efficiency-driven regulatory function. To develop the argument the thesis studies the contract law remedial regime of two common law and one civil law jurisdiction the US, England and Bulgaria, in two specific contracts the sale-of-goods and the construction contract. The introductory chapter puts the main theme in context and outlines the project. Exploring the limits of promissory theory and neoclassical economics, the second chapter develops an innovative interdisciplinary methodology joining the new institutional economics with the comparative law method. The third, fourth and fifth chapters offer taxonomies of remedies, types of contracts and remedial effects to set the stage for a meaningful comparison across the different legal traditions. Since economic theory has advanced most in the study of incentives generated by damages, the third chapter focuses on the latter remedy and shows that the common law classification of damage measures (expectation, reliance, restitution), on which traditional law-and-economics accounts are based, can be applied to study a civil law jurisdiction like Bulgaria. Distinguishing discrete and long-term contracts and demonstrating that the differentiation between sale-of-goods and construction contracts in the compared national legal systems does not necessarily go along the lines of the discrete/long-term distinction in economics, the fourth chapter argues that the positive comparison should be made with an eye on the market for substitute performances even if the compared factual scenarios are classified under different legal categories in the different jurisdictions. For the uninitiated, the fifth chapter reconstructs and criticises the standard economic model rationalising damages as incentives. The final chapter applies the approach developed here to contractual termination. The exemplary analysis identifies trends in the compared legal systems and suggests that all of them converge in charging the termination remedy with a regulatory function. Finally, I generalise to make some bolder claims about contract law.

The Oxford Handbook of Law and Economics

Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law ...

The Oxford Handbook of Law and Economics

Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

The Oxford Handbook of Law and Economics

Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law ...

The Oxford Handbook of Law and Economics

Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

The Political Economy of International Law

Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers.

The Political Economy of International Law