The application of cold economic reasoning to the resolution of legal problems is both stimulating and disturbing. This paper selects one narrow topic : the theory which, at its strongest, urges us to break our promises whenever it is profitable to do so ; and to do this, not out of greed, but for the good of society. The theory of efficient breach in both its strong and weakerforms, is set out, together with an example often put forward by its partisans. Some of the numerous objections, économie, juridical, and philosophical, to the theory are then discussed. Although the current debate on the application of economics to law occurs mainly in the anglophone countries, where the System discussed is naturally that of the common law, the last ...
This thesis provides a functional, and justifiable application of the theory of the efficient breach...
Force est de constater l'absence dans les textes de loi d'une définition précise de la réparation in...
Abstract or at least Civil contract law) is more efficient than Common law. In order to test this hy...
The application of cold economic reasoning to the resolution of legal problems is both stimulating a...
The theory of efficient breach is the best known, and the most controversial, product of nearly half...
The article provides a scientific analysis of economic approaches reflected in economic doctrines on...
Nowadays, every business transaction and many other activities in this world are used to create a cr...
This thesis analyzes the theory of efficient breach in three different legal systems, including Engl...
The article provides a scientific analysis of economic approaches reflected in economic doctrines on...
This thesis provides a comparative analysis of legal systems in the matter of unforeseen contengenci...
Our article is a methodological critique of the recent legal origins literature. We start by showing...
Comparative legal scholarship has often focused on penalty clauses, in particular highlighting the m...
This Article offers a legal analysis of economics in contradistinction to the prevailing economic...
This Article attempts to analyze a concept in contract law known as the doctrine of efficient breach...
The main issue of the paper is the problem of adaptivity of «law and economics» as universal doctrin...
This thesis provides a functional, and justifiable application of the theory of the efficient breach...
Force est de constater l'absence dans les textes de loi d'une définition précise de la réparation in...
Abstract or at least Civil contract law) is more efficient than Common law. In order to test this hy...
The application of cold economic reasoning to the resolution of legal problems is both stimulating a...
The theory of efficient breach is the best known, and the most controversial, product of nearly half...
The article provides a scientific analysis of economic approaches reflected in economic doctrines on...
Nowadays, every business transaction and many other activities in this world are used to create a cr...
This thesis analyzes the theory of efficient breach in three different legal systems, including Engl...
The article provides a scientific analysis of economic approaches reflected in economic doctrines on...
This thesis provides a comparative analysis of legal systems in the matter of unforeseen contengenci...
Our article is a methodological critique of the recent legal origins literature. We start by showing...
Comparative legal scholarship has often focused on penalty clauses, in particular highlighting the m...
This Article offers a legal analysis of economics in contradistinction to the prevailing economic...
This Article attempts to analyze a concept in contract law known as the doctrine of efficient breach...
The main issue of the paper is the problem of adaptivity of «law and economics» as universal doctrin...
This thesis provides a functional, and justifiable application of the theory of the efficient breach...
Force est de constater l'absence dans les textes de loi d'une définition précise de la réparation in...
Abstract or at least Civil contract law) is more efficient than Common law. In order to test this hy...