Though clearly distinct in nature and procedure, both Regulatory Agencies and Courts frequently rely on similar instruments to sanction the same or very similar kinds of illegal behavior. In this paper, we develop a theory of the use of criminal sanctions in addition to regulatory penalties. We...

In this paper we study the extent to which decisions by the Spanish Constitutional Court are explained by political variables. Our theory proposes that party alignment should play an important role in explaining the behavior of the Spanish constitutional judges, but with some limitations given...

Should states be liable towards individuals for failure to provide justice, good roads or timely administrative decisions? In this paper, we show that state liability can serve three different purposes, none of which implies that the state should be liable in tort, unless other specific...

This paper aims to present some preliminary ideas about the potential benefits and costs arising from the process of European Contract Law harmonization for the functioning of the existing national Contract Laws, and in the end, for the welfare of European societies. Some of those benefits and...

The re-construction of Contract Theory and of the legal regime of contractual relationships is one of the most urgent tasks for Private Law in Spain. This paper presents some preliminary observations about the basic structure of breach of contract and its legal consequences in Spanish Law, based...

The Tort system and especially Product Liability is a socially costly tool to provide manufacturers with incentives for safety. Recently, it has been argued that market reputation could, to a significant extent, constitute a cheaper alternative to Product Liability. Our paper departs from the...

We study the standard economic model of unilateral accidents, in its simplest form, assuming that the injurers have limited assets. We identify a second-best optimal rule that selects as due care the minimum of first-best care, and a level of care that takes into account the wealth of the...

Spanish Abstract: El trabajo presenta un primer análisis de los instrumentos de intervención sobre los contratos en relación con la perturbación provocada por la pandemia del COVID-19. Se identifica el problema más acuciante sobre el conjunto de las relaciones contractuales en vigor: la...

The model rules in the Draft Common Frame of Reference (DCFR), as any other body of legal rules, in force or simply proposed, naturally have the intention of affecting, in the desired direction, the behavior of the relevant parties subject to them. Thus, it seems, at least prima facie, wise to...