ECONOMIC ANALYSIS OF CIVIL PERFORMANCES GUARANTEE FOR MONETARY OBLIGATION BREACH

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MOHEBBI ABOLFAZL

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2014 | Volume:78 | Issue:87 Page(s): 113-144

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Information Journal Paper

Title

ECONOMIC ANALYSIS OF CIVIL PERFORMANCES GUARANTEE FOR MONETARY OBLIGATION BREACH

Author(s)

MOHEBBI ABOLFAZL | Issue Writer Certificate

Keywords

ECONOMIC ANALYSISQ2

EFFICIENCYQ2

MONETARY OBLIGATIONQ1

DELAYED PAYMENT PENALTYQ2

SOCIAL COSTSQ2

Abstract

One of the most remarkable intersections of law and economics is monetary and financial issues, and one of the respective matters is monetary obligations and breach of such obligations. The present research under the title of “Economic Analysis of Civil Performances Guarantee for Monetary Obligation Breach” aims to present an overview of money and monetary descriptions and obligations as well as expressing legal reactions to monetary obligations breach (such as nominal value compensation, money value decrease compensation, vindictive damages and delay penalty) upon applying law economics rules, experimental findings and experts practice, and identify the most efficient and optimized reactions and introduce them as the most important objective of economic analysis of law to the judicial and legislative society in order to decrease social costs.It focuses on this important about the nature of money that tends to be nothing but purchasing power that is fungible at current time and will be non-fungible during the time. At point of view of economic analysis of law, the efficient legal rule respecting to monetary obligation breach is the rule of delay penalty. Finally when the rule of delay penalty is considered as legal rule for monetary obligation breach, legal efficiency will lead economic efficiency through decreasing social costs (exchange cost, risk allocation, opportunity cost for parties in claims, inefficient reliance cost and performing and administrative costs, etc).

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APA: Copy

MOHEBBI, ABOLFAZL. (2014). ECONOMIC ANALYSIS OF CIVIL PERFORMANCES GUARANTEE FOR MONETARY OBLIGATION BREACH. THE JUDICIARY’S LAW JOURNAL, 78(87), 113-144. SID. https://sid.ir/paper/138058/en

Vancouver: Copy

MOHEBBI ABOLFAZL. ECONOMIC ANALYSIS OF CIVIL PERFORMANCES GUARANTEE FOR MONETARY OBLIGATION BREACH. THE JUDICIARY’S LAW JOURNAL[Internet]. 2014;78(87):113-144. Available from: https://sid.ir/paper/138058/en

IEEE: Copy

ABOLFAZL MOHEBBI, “ECONOMIC ANALYSIS OF CIVIL PERFORMANCES GUARANTEE FOR MONETARY OBLIGATION BREACH,” THE JUDICIARY’S LAW JOURNAL, vol. 78, no. 87, pp. 113–144, 2014, [Online]. Available: https://sid.ir/paper/138058/en

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