The exception for the non-performance of contracts is a legal institution that has a wide practical application but which, in the absence of express provisions in the Romanian Civil Code from 1865, could not be considered as a whole, giving rise, over time, to many theoretical controversies. The...

This chapter surveys the theory of the public enforcement of law--the use of governmental agents (regulators, inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules. The theoretical core of the analysis addresses the following basic questions: Should...

In this paper the author exposes an aproximation to what voluntary agreements as liberal mechanism of environmental policy constitute. He studies the environmental policy elements that take account for the elimination of State intervention in environmental policy for a managerial voluntary...

Common Law, as practiced around the world, permits what it doesn't prohibit. Compared to Roman Law practice, which prohibits what it doesn't permit, the Common Law makes economic innovation easy. Easy economic innovation, in turn, promotes rapid economic adaptation -- broad technological...

This paper summarizes Hayekian Law and Economics.

The purpose of this paper is to evaluate two new anti-merger instruments, innovation markets and unilateral effects, on the basis of economic theory and evidence. I first discuss how the economics of antitrust has developed over the years, with the intention of characterizing the intellectual...

This paper is the sequel to chapter 30 of the 1999 first edition of The Elgar Companion to Law and Economics (ed. J. Backhaus). A new section has been added entitled 'An application of Hayekian law and economics: the comparative analysis of alternative monetary and banking regimes'.

In this paper we look at the specific features of the delayed privatization in Kosovo, emphasising in particular two stages: i) the events during 1990s, including the consequences of emergency measures, ii) the impact of an autonomous privatization in the early 1990s in a limited number of SOEs...