Pravni i ekonomski aspekti odštetnog prava u Americi i Francuskoj
Legal and Economic Aspects of Tort Law in America and France

Summary/Abstract: The subject of analysis in this study are the legal and economic aspects of the tort law in America and France. In the first part of the study, the author shows modern insights of an economic analysis of the tort law in America. The economic efficiency of different liability rules in scope of the economic model is examined with the help of the Chicago law and economic school. The transaction costs during the analysis of the economic efficiency of those rules is also taken into consideration. On the other hand, the use of the so-called Hand rule, used by judges when deciding about the fault of a tortfeasor, represents an important question. In the second part of the study, the stress is put on the French tort law, on the use of economic methods and on the economic reasoning of judges in the practice. The French Code Civil will be analyzed in relation to some notions which have an economic connotation, so that they represent a good base for the implementation of scientific knowledge developed in America by law and economic theoreticians. Starting with concepts of the Chicago law and economic school, in this study the author also tries to light up elementary objectives of the tort law – compensation and prevention. The basic hypothesis is that liability rules give ex ante incentives for avoiding ex post liability. Because of that, the analysis is focused on the prevention function of the tort rules, the testing of that function in the frame of the economic model developed in America, which applies in the French tort law, too.

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