scholarly journals ANALISIS ECONÓMICO DEL DERECHO

2019 ◽  
Vol 11 ◽  
pp. 107-125
Author(s):  
YEISON PULIDO ◽  
◽  
WENDY BELLO ◽  
LAURA MANCIPE
Keyword(s):  
Economic Analysis ◽  
Basic Education ◽  
Legal Framework ◽  
Legal Order ◽  
Economic Analysis Of Law ◽  
Law Schools ◽  
Economic Agents ◽  
Avant Garde ◽  
Economic Law ◽  
Legal Foundation

Economic law incorporates the normative and principles framework that surrounds the various activities where legal foundation is required, due to legal order and reference when the economic agents or sectors know the legal framework that characterizes the action of the companies. The legal stipulation detached from economic law has reached its limit, since circumstances continue to appear that are not contemplated and that are conceived as atypical, little illustrative appreciation of the reality that companies that in no case are prescribed or confined have in front. One of the legal theories created in recent decades is the economic analysis of Law: the legal phenomena explained from the Economy. For his avant-garde, he had more critics than followers. In fact, it has not been accepted for basic education in law schools.

The Economics of Fiduciary Law

2019 ◽  
pp. 665-685
Author(s):  
Richard R.W. Brooks
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
Structural Approach ◽  
Economic Analysis Of Law ◽  
Economic Agents ◽  
Institutional Economic ◽  
The Third ◽  
Personal Character ◽  
Economics Literature ◽  
The Law

This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the first tract takes a structural approach to questions of loyalty and disloyalty based on models occupied by strictly rational economic agents who are unable to choose or act in any manner than that dictated by narrow self-interests; the second explains loyalty in terms of personal character or preferences for particular actions and choices; and the third approaches loyalty in terms of allegiances to relationships or associations and, more specifically, to their associated rules of conduct. The chapter then discusses these three theoretical tracts of loyalty by reviewing the law and economics literature on beneficiaries and fiduciaries in general, and principals and agents in particular. The discussion is organized along lines of the two branches of scholarship that defines the field of law and economics: institutional economic analysis and economic analysis of law.

A Critical Comparison of the Main Compensation Mechanism for Victims of Natural Catastrophes in Belgium and the Netherlands. With a Law and Economics Twist

2011 ◽  
Vol 8 (1) ◽  
pp. 46-61
Author(s):  
Véronique Bruggeman
Keyword(s):  
The Netherlands ◽  
Economic Analysis ◽  
Law And Economics ◽  
Legal Framework ◽  
Compensation Mechanism ◽  
Economic Analysis Of Law ◽  
Compensation Model ◽  
Critical Comparison ◽  
Natural Catastrophes ◽  
Compensation Systems

AbstractThe yearly increase in the number of natural catastrophes is tangible and most probably to persist. It is therefore necessary to build a legal framework that can respond timely and efficiently to events of this scale by formulating a structural, comprehensive and efficient compensation model. This article aims, first, at giving policymakers and legal scholars some clear starting points for setting up such a compensation model to the victims of a natural catastrophe. The article will, second, sketch the compensation systems in Belgium and the Netherlands, discussing only the main compensation regime specifically designed for victims of natural catastrophes. Third and finally, these two systems will be compared using the insights from the economic analysis of law.

scholarly journals Conceptual and Legal Framework for Promotion of Education for Sustainable Development: Case Study for Ukraine

2020 ◽  
Vol 9 (2) ◽  
pp. 42-54 ◽  
Author(s):  
Hudima Tetiana ◽  
Vesta Malolitneva
Keyword(s):  
Sustainable Development ◽  
Circular Economy ◽  
Basic Education ◽  
Integrated Approach ◽  
Legal Framework ◽  
Education For Sustainable Development ◽  
Educational Process ◽  
University Education ◽  
Transfer Of Knowledge ◽  
Economic Law

Promoting the sustainable development is currently a key global issue posing a challenge to all of us on personal, professional and political levels. The education plays a major role in this path, in particular the education for sustainable development (ESD). The traditional one-way transfer of knowledge is no longer sufficient to inspire the students to behave as responsible citizens. This article suggests a number of competencies, which must serve as a basis for ESD, as well as application of the multiple intelligence theory as a mechanism for implementing the competencies derived by students from ESD at the basic education level. It is proved that security competencies in the broadest sense (covering all levels, from personal to the global space) should also be included in the modern educational process. As for the university education, it is required to explain the concept of "sustainability" to all specialties without exception, including the political scientists, engineers and others. This is particularly important for training of experts dealing with the economic law issues. A lack of economic analysis in modern legal studies and development of regulations results in writing and adoption of idle laws hazardous for the country. To upgrade the education system in Ukraine, it is appropriate to develop the National Strategy on Education for Sustainable Development and its implementation plan based on the global Sustainable Development Goals. It is required to switch from traditional education to the model focused on sustainable development with the underlying extensive interdisciplinary knowledge based on an integrated approach to the development of society, economy, and environment. Implementation of this strategy should consider the adaptive nature of the regional education component, in particular the economic features of a relevant region. It is important to focus on the learning processes underlying the circular economy. Keywords: sustainable development, society, economy, environment, circular economy, education for sustainable development, sustainability, economic law.

scholarly journals Smart Contracts: legal frontiers and insertion into the Creative Economy

2018 ◽  
Vol 15 (3) ◽  
pp. 376-385
Author(s):  
Silvana Santos Gomes
Keyword(s):  
Economic Analysis ◽  
Programming Language ◽  
Intellectual Capital ◽  
Internet Protocol ◽  
Legal Order ◽  
Creative Economy ◽  
Smart Contracts ◽  
Methodological Framework ◽  
Economic Analysis Of Law ◽  
New Challenges

The ultimate development of a disruptive and innovative contractual form has been imposing new challenges and the need of a proper regulatory framework in the legal field. Smart contracts consist on an internet protocol in which programming language and digital codes are used to input clauses that had already been agreed by the parties and that, upon the fulfillment of a determined condition previously established, shall be automatically self-executed. This new way of creating, transferring and extinguishing patrimonial rights and duties has been playing a major role in the context of the Creative Economy, in which intellectual capital, agility and the automatization of operations constitute fundamental factors. In order to investigate the characteristics and possibilities of adopting smart contracts under the perspective of the Brazilian legal order and its insertion in the Creative Economy, this paper has applied the theoretical and methodological framework of the Economic Analysis of Law so as to pursue the analytical exercise that it is committed to perform.

Behavioral Law and Economics

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Bounded Rationality ◽  
Law And Economics ◽  
Empirical Studies ◽  
Securities Regulation ◽  
Critical Examination ◽  
Entire Body ◽  
Economic Analysis Of Law ◽  
Behavioral Law And Economics ◽  
The Impact

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

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