Volume 26, Issue 3 (2022)
CLR 2022, 26(3): 38-65 |
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Rahimi H, khodarahmi N. The function of economic models in identifying and establishing liability rules Based on Mathematical Modeling. CLR 2022; 26 (3) :38-65
URL: http://clr.modares.ac.ir/article-20-58499-en.html
URL: http://clr.modares.ac.ir/article-20-58499-en.html
1- associate professor in Allameh Tabatabai university, private law , rahimi@atu.ac.ir
2- PHD Student
2- PHD Student
Abstract: (1028 Views)
One of the most important and significant issues in the present study is how to apply economic models in identifying and establishing liability rules. The function of models in analyzing the legal phenomena, including liability rules, is to understand the decision-making logic when encountering interdisciplinary issues so that decisions made by decision-making entities can be optimized in the liability system. The application of the liability rules to achieve the optimization goal by economics makes the nature of the issue raised in these models interdisciplinary. For example, the criterion for the efficiency of liability rules is to create optimal economic incentives to apply care and activity. In fact, the problem facing the presented economic model regarding the rules of liability is to establish the liability rules in cases of unilateral incidents in such a way that the decision variables such as care and activity level, optimality, and the goal contained in the objective function are realized. While emphasizing the role of modeling in identifying and establishing liability rules, the present study strives to first determine the unilateral incident cases and present the criterion for determining these cases and second to conduct analysis of the strict rules of liability and negligence in the cases of unilateral incidents based on the modeling approach. This issue has not been addressed in the research conducted so far. Accordingly, this study presents an example of the application of the modeling method, which indeed a problem with an interdisciplinary nature is presented.
Article Type: Qualitative Research |
Subject:
Comparative Law
Received: 2022/01/8 | Accepted: 2023/01/5 | Published: 2023/04/25
Received: 2022/01/8 | Accepted: 2023/01/5 | Published: 2023/04/25
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