arbitrator is a private judge. he accepts a judicial function by a contract. all legal systems (common and civil law) have been recognized this contract and the arbitrator’s judicial function. leave or violation of duties by the arbitrator can be followed by the different sanctions including civil, criminal and disciplinary, but the common law and civil law start from the opposite directions to...

the principle of “non-retractable agreement between contractual and non-contractual responsibility” is a traditional rule in the french law and countries adapting the french law of harmony and homogeneity; this rule means that if the claim for petition is based on the mistake, i.e., if it was meant to be based on contractual liability, rather than liability enforced in accordance with establish...

IN three articles published in this journal between 1973 and 1975, my colleague Professor Richard Epstein set forth an ambitious normative theory of tort law.' Among the distinctive features of this theory were the author's insistence that strict liability based on causal principles should be the prima facie standard of liability, that notions of liberty rather than of economic efficiency shoul...

The advent of autonomous vehicles is envisaged to disrupt the auto insurance liability model. Unlike the current model, wherein in the event of an accident, the liability is largely attributed to the driver, autonomous vehicles necessitate the consideration of other entities in the automotive ecosystem such as the auto manufacturer, software provider, service technician and the vehicle owner fo...

The way that securities service institutions assume tort liability in false representation disputes is limited to joint by law. Considering the discretion principle of punishment according quantity institutions, proportionate appears judicial practice. liability, different from regulated other countries comparative field vision, still nature, which China mainly specified environmental disputes....

We study whether the joint adoption of ex-ante regulation and ex-post liability leads to a higher level welfare in setting which firms invest resources develop an innovative product that can have negative social repercussions. allow for firm-regulator corruption compare two alternative regulatory regimes: lenient authorization strict authorization. Corruption favors strengthens case making immu...

I compare welfare generated by a credit contract with individual liability and a contract with joint liability. The problem is credit rationing caused by limited liability and unobservable investment decisions. Joint liability induces borrowers to monitor each other, however the lender can also monitor. I show that wealthier borrowers may prefer riskier investments when liability is joint, whic...