Lehrbuch der ökonomischen Analyse des Zivilrechts. English
Notes:
Based on the authors' Lehrbuch der ökonomischen Analyse des Zivilrechts, sixth edition, 2020, adapted to a more international readership (Preface). Includes bibliographical references and index.
Contents:
Introduction -- Part I. Fundamentals -- Alternative decisions, consequences and evaluations -- Normative foundations : what is social welfare? : problems of social choice -- Economics, property rights and economic analysis of law -- Homo economicus, behavioural economics and paternalism -- Part II. Economic analysis of tort law -- Objectives and regulatory problems of tort law, the magic triangle of tort law -- Fault liability and strict liability -- Reciprocal and bilateral damages -- Attribution of damage, causality -- The scope of protection by tort law, liberal rights, pure economic loss and non-pecuniary damage -- 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 -- On the economic analysis of contractual freedom and contract law -- The fully specified contract and its reconstruction by default rules -- Complementary contract interpretation, base of the contract, reconstruction of the fully specified contract and fair distribution of the total surplus from a contract -- Economic analysis of breach of contract, impossibility and delay -- Liability for defects in sales contracts and contracts for work -- Ignorance, trust, opportunism and efficiency -- Legal protection of legitimate expectations in the law of exchange of goods and services -- Part IV. Property rights (absolute rights) -- Concept, function and design of property rights -- The transfer of rights by acquisition in good faith -- Involuntary transaction of property through taking and regulatory taking -- Insolvency and conflicting security interests of creditors -- Incompatible use of land and efficient use of an area -- Intellectual property rights, the generation of innovations -- Part V. Corporate law -- From contract to hierarchy -- Basic structures and problems of company law.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.