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Selected Works

2012

Civil Law

Articles 1 - 6 of 6

Full-Text Articles in Law

Standard Contract Clauses As Public Goods: A New Approach, Enrico Baffi Jan 2012

Standard Contract Clauses As Public Goods: A New Approach, Enrico Baffi

enrico baffi

The aim of this work is to show how it is possible to identify market failures other than those traditionally identified by lawyers and law and economics scholars to justify the mandatory provisions of contracts between professionals and consumers and the equally mandatory provisions governing the abuse of economic dependency. This is a new approach that can be extended to other provisions and appears to rest on fairly solid microeconomic foundations. There is no doubt, however, that many criticisms can be leveled against it. Very briefly, I shall argue that the production of clauses characterized by being rather vague, indeterminate …


The Failure Of Decoupling Liability And Other Mistakes In Tort Law, Enrico Baffi Jan 2012

The Failure Of Decoupling Liability And Other Mistakes In Tort Law, Enrico Baffi

enrico baffi

It's a common opinion among law and and economics scholars that with a regime of strict liability or a regime of negligence rule one party (but just one party) adopts an efficient level of activity. It's also a common idea the with a regime of strict liability and a tax on the victim equal to expected damage both parties take an efficent level of activity. We expalin in this paper why this opinions are wrong. The basic fact is that it is not considered by these opinions that, in order to have an efficient level of activity, it's necessary a …


Standard Contract Clauses. A Different Way To Consider This Problem, Enrico Baffi Jan 2012

Standard Contract Clauses. A Different Way To Consider This Problem, Enrico Baffi

enrico baffi

The aim of this work is to show how it is possible to identify market failures other than those traditionally identified by lawyers and law and economics scholars to justify the mandatory provisions of contracts between professionals and consumers and the equally mandatory provisions governing the abuse of economic dependency. This is a new approach that can be extended to other provisions and appears to rest on fairly solid microeconomic foundations. There is no doubt, however, that many criticisms can be leveled against it. Very briefly, I shall argue that the production of clauses characterized by being rather vague, indeterminate …


The Problem Of Internalization Of Social Costs And The Ideas Of Ronadl Coase, Enrico Baffi Jan 2012

The Problem Of Internalization Of Social Costs And The Ideas Of Ronadl Coase, Enrico Baffi

enrico baffi

In this paper, I try to show that, although some arguments elaborated by Coase do not have a great practical importance, and that it seems that the most important one against a system of remedies for each externalities (if we are able to define this concept) is difficult to create, Coase has understood many problems that they have been at the basis of later studies in tort and property law; but, what is more important here, is to underline that a system of remedies for every externalities have been refused by eminent scholars after Coase The work of the English …


Mental Budget And Inefficient Clauses: A Lesson From Behavioral Law Nand Economics, Enrico Baffi Jan 2012

Mental Budget And Inefficient Clauses: A Lesson From Behavioral Law Nand Economics, Enrico Baffi

enrico baffi

This paper is an attempt to highlight how clauses, which are traditionally considered to be inefficient, may actually be desired by consumers. This anomaly originates in the fact that each individual builds a mental budget by dividing the money he has among the needs he intends to satisfy. According to consumers’ reasoning, money is not fungible, in the sense that amounts cannot be transferred from one expenditure to another. Consumers who behave in this way may sometimes find that they have depleted the amount they budgeted for an item while wanting to buy more of it. Since additional time, efforts …


Azioni Di Risarcimento Del Danno Da Prodotti Finanziari E Competenza Giurisdizionale, Valerio Cosimo Romano Jan 2012

Azioni Di Risarcimento Del Danno Da Prodotti Finanziari E Competenza Giurisdizionale, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.