This paper aims to analyze theories developed both in favor and against privacy protection according to current practices in the West. In the paper, we will examine economic justifications for privacy protection as defined by American economists and jurists, as well as the advantages to be...

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of critiques of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work,...

This work seeks to identify, in light of the main schools of thought within the field of Law and Economics, some useful criteria for optimal discipline of ultrahazardous activities. From that perspective, we examine potential solutions described by Shavell, Landes and Posner, by Dari-Mattiacci...

The aim of this paper is to demonstrate that liability on the part of a person of unsound mind in respect of an act committed by that person does not alter incentives to act by reason of the fact that when this person commits the unlawful act, he is not in possession of all their faculties....

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...

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...

This paper aims at demonstrating that excessive protection of incompetent people can produce unintended negative consequences. Both in the Italian system, which is examined here in depth, and in American common law, a contract can be annulled if there is bad faith of behalf of the party who is...

Italian Abstract: In questo lavoro si intende mettere in evidenza come l'analisi economica del diritto non riesca a dare una spiegazione completa di alcune discipline normative. La risposta che si propone sta nella divergenza fra Disponibilità a Pagare e Disponibilità a Cedere. Questa...

The aim of this paper is to examine whether the Italian commercial impracticability doctrine reflects the efficient breach theory or the best risk bearer model. The conclusion is that in the Italian legal system there is a discipline that could be considered as a form of “modified” efficient...

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...