Ekonomická analýza civilního práva
| Title in English | Economic analysis of civil law |
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| Authors | |
| Year of publication | 2015 |
| Type | Monograph |
| Citation | |
| Description | Economic analysis of law is one of the most tumultuously developing theoretical legal disciplines in recent decades. A number of lawyers see it as the promise of removing doctrinal disputes of classical jurisprudence. The author tries to offer the intelligible form to devote readers to the concepts of economic analysis of law. The work is based on the fact that a reader may not be familiar with the economic theories. Despite the fact he/she will follow the book. The reader is first acquainted with the historical development of the discipline of economic analysis of law to be subsequently introduced to the basic concepts of economic analysis, such as rationality and rational actor, utility, efficiency and transaction costs. In several places it is explained in a comprehensible form the famous Coase Theorem. The readers get an opportunity to become acquainted with the economic analysis of law, as one method of access to the law, which criteria are the costs and benefits, across all sectors of civil rights. Monograph rich in themes reveals to the readers on the practical problems usability of the economic analysis of law in the Czech legal culture. The first three chapters are devoted to the conceptual apparatus and economic theories, which are the basis for chapter four to nine. They are covering the use of economic analysis of law in civil, commercial, labor, family and procedural law. In these chapters the method of economic analysis of law is introduced in the level of interpretation (analysis of the applicable law) and application (filling in gaps within the judge's discretion, creation of legal rules). |
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