Nuisance Law versus Tort Law When Transaction Costs are High. A Law and Economics Perspective of the Italian Legal System (original) (raw)

2016, SSRN Electronic Journal

Monateri P La responsabilità civile, Torino, 2006, 21, which shows how the function of civil liability is that of "obtaining a general order, decentralised and spontaneous, of social actions, which is founded on the private transactions system, and of referral to a Court, in the case of failure of those same private parties in the attempt to reach an agreement that regulates the costs issue, which emerged during the fulfillment of given activities" (own translation).

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