نوع مقاله : پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی دانشگاه علوم قضایی تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
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).
کلیدواژهها [English]