Showing 1 - 10 of 116
The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...
Persistent link: https://www.econbiz.de/10005789358
When several plaintiffs file individually a lawsuit against the same tortfeasor, the resolution of the various cases through repeated trials produces positive informational externalities, which benefit to the later plaintiffs (since there exist precedents, jurisprudence...). Thus, the first...
Persistent link: https://www.econbiz.de/10005835968
The article gives the level-metatheoretical investigation of methodological and organizational issues of the Russian doctrine of the civil law application as a special juridical tenet of the application of law at the present stage and in the concrete-historical retrospect.
Persistent link: https://www.econbiz.de/10011109952
The article gives a level-metatheoretical investigation of methodological-organizational issues of the Russian doctrine of application of civil laws as a special juridical tenet of application of law, at the present stage and in the concrete-historical retrospect. The article has an...
Persistent link: https://www.econbiz.de/10011110526
The article systematizes features of the notion "civil law" which is defined in a wide philosophical-legal and in a narrow positive-juridical meanings. Legal contents of those features is analysed as well.
Persistent link: https://www.econbiz.de/10011111781
The article discloses questions of the classification (characterization, qualification) of civil relationships from the standpoint of concurrence (competition) of civil legal rules subdivided into general and special ones. The necessity to differentiate the notions 'concurrence' and 'conflict'...
Persistent link: https://www.econbiz.de/10011111959
The article considers issues relating to the method of legal relationship as a synthetic special-juridical method. The author describes notion, subject matter and algorithm of the method of legal relationship. Principles, goals and objectives of the method's use, as well as objects which can be...
Persistent link: https://www.econbiz.de/10011112611
The investigation of the problem of civil law rule structure and the consideration of notions of the hypothesis, solution and sanction are given in this article. The interconnection between the hypothesis of the civil legal rule and the judicial grounds of realizing the civil law consequences,...
Persistent link: https://www.econbiz.de/10011113248
The article deals with analysis of theoretical aspects of the category of “international treaties” from the point of view of their place in the hierarchical structure of the legal system of the Russian Federation and their correlation to the civil legislation. The author describes the...
Persistent link: https://www.econbiz.de/10011113289
The article deals with general questions of the methodology of knowledge of civil-legal phenomena, as objects of the legal reality. The author accentuates a problem of methodology of the application of civil laws, as a special kind of work to organize a cognitive process, detecting regularities...
Persistent link: https://www.econbiz.de/10011113464