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 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....

In this paper, we seek to demonstrate that, in the case of the public administration's liability for the property in its custody, the rule of strict liability which seems to be accepted by the Italian Civil Code can be justified in terms of efficiency only if we are trying to allocate risks in...

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...

The European Commission followed the impulse from G20 for a coordinate response to the financial crisis by adopting a proposal for a Directive to mandate the clearing of suitable classes of OTC derivatives (the so-called EMIR proposal) and a proposal on alternative investment funds (AIFMD)....

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...

This paper puts in evidence that Shavell idea according to which we can have at least a party that takes an efficient level of activity, in a situation of bilateral accident, with the usual tort rules, is wrong. The most important example that there is this mistake is that authors state that a...