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...

This work seeks to identify, in light of the main schools of thought within the field of Law and Economics, some useful criteria for optimal discipline of ultrahazardous activities. From that perspective, we examine potential solutions described by Shavell, Landes and Posner, by Dari-Mattiacci...

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...

This paper aims to analyze theories developed both in favor and against privacy protection according to current practices in the West. In the paper, we will examine economic justifications for privacy protection as defined by American economists and jurists, as well as the advantages to be...

This article seeks to ascertain whether it is possible to reconcile the ideas of legal economists who believe that it is impossible to pursue equity by imposing single contractual clauses and those of classical legal scholars who assert that even contract law can and must be a tool for the...

Conventional wisdom holds that with the laws protecting consumers against unconscionable provisions in their contractual relationships with professionals, the European Legislator intended to level the playing field between parties to a contract. This article intends to show that the European...

The aim of this work is to show how it is possible to identify market failures other than those traditionally identified by lawyers and law and economics scholars to justify the mandatory provisions of contracts between professionals and consumers and the equally mandatory provisions governing...

Italian Abstract: In questo lavoro si intende mettere in evidenza come l'analisi economica del diritto non riesca a dare una spiegazione completa di alcune discipline normative. La risposta che si propone sta nella divergenza fra Disponibilità a Pagare e Disponibilità a Cedere. Questa...