The European Commission followed the impulse from G20 for a coordinate response to the financial crisis by adopting a proposal for a Directive to mandate the clearing of suitable classes of OTC derivatives (the so-called EMIR proposal) and a proposal on alternative investment funds (AIFMD)....

This paper aims at discovering the situations where a limits of freedom of contract is justified in order to achieve efficiency or to give relevance to a theory of justice. In the work the category of market failure is used and with reference of every market failure potential limits to freedom...

This paper puts in evidence that Shavell idea according to which we can have at least a party that takes an efficient level of activity, in a situation of bilateral accident, with the usual tort rules, is wrong. The most important example that there is this mistake is that authors state that a...

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...

This paper examines the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is...

This article seeks to ascertain whether it is possible to reconcile the ideas of legal economists who believe that it is impossible to pursue equity by imposing single contractual clauses and those of classical legal scholars who assert that even contract law can and must be a tool for the...

The present work aims to highlight how an engaged couple's behavior may be modified pursuant to the doctrine governing engagement gifts. This study is conducted using a two-fold analysis: first, positing that the individuals will react to laws and regulations with behavior that might be deemed...