An economic theory of Greek contract law.

摘要

The basic goal of the thesis is the construction of an economic theory for Greek contract law, necessary in evaluating the existing legal rules in terms of efficiency, in creating legal rules that are more consistent with the objectives of contract law, and consequently, in solving a number of theoretical problems of contract law theory. The whole enterprise aspires to be a contribution to the application of economic theories developed for Common law to Civil law systems and a comparative study of these two legal systems.; Our theory of Greek contract law is predicated on the economic theory developed for American contract law and on the unrivalled conceptual system of the Romano-Germanic Civil law. In the process of the application of the economic theory to Greek contract law, three conclusions were derived: (a) The casuistic approach to the problems created by the deficiencies of markets in Romano-Germanic legal systems (which was the result of a selection of efficient rules and standards, completed over the course of several centuries and stabilized after the great codifications), was proven to be particularly successful in terms of economic efficiency. (b) However, today Civil law scholarship is finding it increasingly difficult to respond to the fast-changing economic circumstances. Economic relations have become so complicated that it is impossible for a judge endowed only with common sense to solve problems created by the dysfunctions of markets. An economic theory of contract law is imperative, if Civil law is to continue playing the role that it has successfully performed for centuries: providing the legal framework that helps the economy function smoothly. (c) The mainstream construction of the Greek Civil Code is interestingly compatible with the economic theory we advocated, as was shown in a number of paradigms (formation of contract, efficient breach, allocation of risks). We need only to incorporate Greek contract law doctrines in the perfect/imperfect markets/contracts discourse. This would be invigorating not only for Greek legal theory, but also for economic analysis of law and for Civil law in general.