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Indemnisation des préjudices et fréquence des procès en présence d'une asymétrie d'informaion sur l'aversion au risque des parties

Langlais, Eric - 2005

The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...

Persistent link: https://www.econbiz.de/10015268781

Trial experience, satisfaction and incentive to bring another lawsuit: Does aspiration level influence winners and losers?

Yamamura, Eiji - 2009

This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a...

Persistent link: https://www.econbiz.de/10015217522

Die Steuerungswirkungen unterschiedlicher Prozesskostenregelungen: Ein Überblick zum Stand von Theorie und Empirie

Schwab, Christian; Tang, Hin-Yue Benny - 2011

The so-called English Rule in § 91 ZPO has a longstanding tradition in German civil litigation. Although this “loser … alternative fee shifting systems on a variety of decisions arising during the litigation process. In detail, we put some arguments … that would be brought under the American Rule? Does it encourage the settlement of litigation? And does the German solution …

Persistent link: https://www.econbiz.de/10015228045

Trial experience, satisfaction and incentive to bring another lawsuit: Does aspiration level influence winners and losers?

Yamamura, Eiji - 2011

Persistent link: https://www.econbiz.de/10015228400

State Capacity, Legal Design and the Venality of Judicial Offices

Crettez, Bertrand; Deffains, Bruno; Musy, Olivier; … - 2020

Judicial venality, i.e., the sales of public positions in the judicial sector, was used extensively in France and in Europe from the 16th to the 18th centuries. Offices were bought because judges received trial fees from litigants. Kings sold them because they needed money, at the cost of losing...

Persistent link: https://www.econbiz.de/10015229358

The Triangular Relationship between the Commission, NRAs and National Courts Revisited

Larouche, Pierre; Larouche, Maartje - 2006

In this article, the authors review the relationship between the Commission, the national regulatory authorities (NRAs) and national courts in light of the Commission's proposals for reform as laid out in the 2006 Review. They focus upon the Article 7 and Article 4 procedures of Directive...

Persistent link: https://www.econbiz.de/10015229979

Shadow of the contract: how contract structure shapes inter-firm dispute resolution

Lumineau, Fabrice; Malhotra, Deepak - 2011

This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contract detail affects the type of dispute...

Persistent link: https://www.econbiz.de/10015231773

The Role of Precedents on Court Delay - Evidence from a civil law country

Berlemann, Michael; Christmann, Robin - 2017

nexus between court delay and the availability of legal precedents. We model litigation as a two-stage rent seeking game …, and find that precedents curb strategic behavior. Thus, the excessive use of party resources in litigation, such as time …

Persistent link: https://www.econbiz.de/10015256625

Criminals and risk attitude

Langlais, Eric - 2006

We show that whatever the representation of criminals' preferences under risk, the assumption according to which they are strongly risk averse individuals is not consistent with the available observations establishing that criminals are more sensitive to shifts in the probability of sanction...

Persistent link: https://www.econbiz.de/10015268730

Informational externalities and informational sharing in class action suits

Deffains, Bruno; Langlais, Eric - 2007

paper, we elaborate on a basic strategic model of litigation settlement, focusing on the interactions between the … characteristics of the discovery process (as a general technology of production of evidences) in mass tort litigation, those of the … compensation rules set by Courts, and the structure of litigation costs, in order to study when a class action fails to occur, and …

Persistent link: https://www.econbiz.de/10015237879