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Организационно-экономическая устойчивость экономических объектов в рыночных условиях зависит прежде всего от того, на каких принципах построена и...
Persistent link: https://www.econbiz.de/10011226540
In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...
Persistent link: https://www.econbiz.de/10010264405
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the cost of judicial bias also grows over time because the unpredictable application of precedents becomes costlier as the …
Persistent link: https://www.econbiz.de/10010849608
the cost of judicial bias also grows over time because the unpredictable application of precedents becomes costlier as the …
Persistent link: https://www.econbiz.de/10010851394
We study a contracting model with unforeseen contingencies in which the court is an active player. Ex-ante, the contracting parties cannot include the risky unforeseen contingencies in the contract they draw up. Ex-post the court observes whether an unforeseen contingency occurred, and decides...
Persistent link: https://www.econbiz.de/10010928636
We study a contracting model with unforeseen contingencies in which the court is an active player. Ex-ante, the contracting parties cannot include the risky unforeseen contingencies in the contract they draw up. Ex-post the court observes whether an unforeseen contingency occurred, and decides...
Persistent link: https://www.econbiz.de/10005310258
In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Case Law regime over the Statute Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...
Persistent link: https://www.econbiz.de/10005013908
of precedents; (2) the multicultural and multifactoral search for common solution instead of law-based administration of …
Persistent link: https://www.econbiz.de/10010611493
Persistent link: https://www.econbiz.de/10014279810