Law and Economics in Civil Law countries with cases from German courts National Taiwan University
Course Overview
Introduction to the law and economics of civil law with German landmark cases The course will provide a concise introduction to the law and economics of civil law. In an introductory part it will deal with the crucial role of law and institutions for the wealth of a nation. It will then proceed to the law and economics of contract law, tort law and property law, first presenting the economic analysis and then discuss hard cases decided by the German Supreme Court (Bundesgerichtshof). The cases will be based on a book jointly written with Hein Kotz, author of an acclaimed book on comparative law. Then questions of contract law including the good faith principle from an economic perspective and related cases will be discussed. We will also discuss the most important questions of tort law including its rationale, scope and weaknesses regarding the improvement of safety in a modern society. The part on property will concentrate on intellectual property and the tragedy of the anticommons as well as the law of taking and regulatory taking and related economic problems. Literature will be distributed to all participants. Knowledge of German Language is welcome but not necessary. The aim of the course is a better and more scientific understanding of socially desirable consequences of civil law rules . The course also shows which role law and economics can play within doctrinal reasoning in a civil law country like Germany.
Learning Achievement
Competence
Course prerequisites
Grading Philosophy
Course schedule
Course type
Online Course Requirement
Instructor
JOHANNES-BERNHARD SCHAFER
