![]() Custodia di beni demaniali e responsabilità: dopo il tramonto dell'insidia, ancora molte incertezze sulla disciplina applicabile. Insidia e trabocchetto: un addio senza rimpianti. Responsabilità della pubblica amministrazione per omessa manutenzione delle strade: dalle fiabe al codice civile, ossia la caduta dell'insidia e del trabocchetto e il recupero della disciplina positiva. Rivista Critica del Diritto Privato, 32(1). Colpa e livelli di attività: il contributo della Law and Economics. ![]() Analisi economica del diritto: The Italian Job. Complementarietà irrisolte: Presidio (pubblico) del mercato e azioni (private) di danno. Logica economica e logica giuridica nella composizione del conflitto tra usi incompatibili delle proprietà vicine. International Review of Law and Economics, 11(3). Law and Economics in Civil Law Countries: A Comparative Approach. Hidden Order, U.S.A.: Harperbusiness, 1996.ġ4. European Journal of Law and Economics, 18(3). Positive, Normative, and Functional Schools in Law and Economics. ![]() Italian Legal System: A Law & Economics Perspective. The Liability of the Public Administration Arising from Custody. Pardolesi, R., Mattei, U., Monateri, P.G., Cooter, R., & Ulen, T. The USV Annals of Economics and Public Administration, 15, 1(21). Postanova Verkhovnoho Sudu u skladi kolehiyi suddiv Kasatsiynoho administratyvnoho sudu. In order to maximize social welfare, the expected loss from accidents is to be neutral.ġ. As a result, the legal status will be corrected and the property status of both parties with public property rights restored. If the expected damage is sustained by a non-risk adverse party and the other party is risk neutral, then both parties, if they can negotiate, pass on the risk to the injured party in exchange for the indemnity. Thus, the risk of a possible occurrence of an uncertain event should be borne by a party that is less prone to risk. A rational model of behaviour is the agreement of the parties to the distribution of risks. In order to determine the optimal distribution of residual risk and maximizing social welfare, it is advisable to introduce a negotiation procedure between a potential injured party and a potential offender. The author has proposed a way to maintain an effective balance between levels of precautionary measures and activity of entities that use public property. It has been substantiated that in case of delinquency, failure to perform or improper performance of duties, the concept of ‘maximizing social welfare’ is violated, developed within the framework of the ‘New Economics of Welfare’. The paper addresses the application of the Kaldor-Hicks effectiveness criterion, ‘Shavell theorem’, the theory of ‘pitfalls and traps’ and ‘second best’ logic to evaluate possible changes, as well as to analyze costs and benefits. The author focuses on the anthology of Western economic and legal doctrine about responsibility in relations with regard to public property. The criteria of good faith and wrongfulness of the behaviour of the public administration entities regarding public property have been identified. Use of public property is to ensure the proper performance of tasks and functions of the state to satisfy the public interest, taking into account expediency of implementing the protective dimension of bringing public administration to liability for delict, non-fulfillment or improper fulfillment of obligations. In the paper, specificity of judicial practice has been dealt with in relation to implementing the responsibility of the public administration regarding public property.
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