Economic analysis and civil liability.

Authors
Publication date
2004
Publication type
Thesis
Summary The economic analysis of law represents a multidisciplinary approach based on the application of reasoning methods from the economic sciences to legal problems. It is part of the comparative discipline, alongside comparative law, from which it borrows the methodological spirit. The relevance of this approach is revealed in particular in the field of French civil liability, which is currently undergoing a serious crisis. It sheds light on the problem of the foundation of this institution, which can be defined as the incitement of individuals to prevent damage caused to others, by the possible condemnation of the authors of this damage to fully repair the consequences. This conception renews the approach to the functioning of civil liability. It also illuminates certain ancillary mechanisms, the importance of which it emphasizes, such as the insurance mechanism or the resolution of liability litigation.
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