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In his influential paper “Contracting Into Liability Rules: Intellectual Property Rights and Collective Rights Organizations,” Rob Merges makes the case that intellectual property (IP) owners vested with property entitlements can and do contract away their right to an injunction when it is...
Persistent link: https://www.econbiz.de/10014178677
This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one,...
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generates greater predictive power than conventional price theory …
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This article explains the history of the materials (long unpublished) that became the contracts casebook: Macaulay et al., Contracts: Law in Action. In the early years we worked closely with Ian Macneil, another pioneer of relational contract thinking. And we contextualized our cases, reflecting...
Persistent link: https://www.econbiz.de/10014134703
Individuals make economic decisions on a daily basis that do not look rational and that sometimes turn out to be mistakes. This behaviour has a cost for each individual and for society as a whole. Behavioural law and economics identifies which mental shortcuts used by individuals in decision...
Persistent link: https://www.econbiz.de/10014146293
Sloof et al.'s [2006] elegant study of default breach remedies illustrates both the potential and limitations of experimental law and economics (ELE). Potentially, the rigorous methodology of experimental economics can provide fully controlled tests of relationships among legally significant...
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relevant, connections between legal arrangements and associated topics in microeconomic theory, including welfare economics and … the theory of contracts …
Persistent link: https://www.econbiz.de/10014057650
An Optional European Contract Code in the Institutional Competition between European Contract Laws -- Assessment of the Desirability of an Optional European Contract Law -- Evaluation of the European Commission's Impact Assessment Accompanying the Proposal for a Regulation on a CESL.
Persistent link: https://www.econbiz.de/10014020457