Contents: Introduction to the economic analysis of civil law
Part I: Fundamentals
1. Alternative decisions, consequences, and evaluations
2. Normative foundations - what is social welfare? Problems of social choice
3. Economics, property rights and economic analysis of law
4. Homo economicus, behavioural economics, and paternalism
Part II: Economic analysis of tort law
5. Objectives and regulatory problems of tort law, the magic triangle of tort law
6. Fault liability and strict liability
7. Reciprocal and bilateral damages
8. Attribution of damage, causality
9. The scope of protection by tort law, liberal rights, pure economic loss, and non-pecuniary damage
10. Special problems of tort law: Product liability, environmental liability, compensation for pain and suffering, vicarious liability, limits of civil liability
Part III: Economic analysis of contract law
11. On the economic analysis of contractual freedom and contract law
12. The fully specified contract and its reconstruction by default rules
13. Complementary contract interpretation, base of the contract, reconstruction of the fully specified contract, and fair distribution of the total surplus from a contract
14. Economic analysis of breach of contract, impossibility and delay
15. Liability for defects in sales contracts and contracts for work
16. Ignorance, trust, opportunism and efficiency
17. Legal protection of legitimate expectations in the law of exchange of goods and services
Part IV: Property rights (absolute rights)
18. Concept, function and design of property rights
19. The transfer of rights by acquisition in good faith
20. Involuntary transaction of property through taking and regulatory taking
21. Insolvency and conflicting security interests of creditors
22. Incompatible use of land and efficient use of an area
23. Intellectual property rights, the generation of innovations
Part V: Corporate law
24. From contract to hierarchy
25. Basic structures and problems of company law
Index.