Interpretation and Enactment of the Civil Liability Act in Light of the Element of Economic Efficiency
Keywords:
Interpretation, Enactment, Civil Liability, EfficiencyAbstract
Within the consequences of legal science in the various stages of legislation, interpretation of the law, and enforcement of legal rules, the stage of efficiency and utility becomes the subject of discussion, opinion, and study. In the legislative stage—namely, lawmaking—the debate centers on utility or efficiency. Following enactment comes the stage of interpretation, while the enforcement stage falls outside the scope of the present discussion. The interpretation stage can be attributed to either an individual or an institution. Personal interpretation, whether by legal scholars or judges, although not in itself a formal source of law, can nonetheless be effective, influential, and even decisive. Judicial interpretation, however, if rendered collectively and in the framework of judicial precedent (unifying opinions), can have significant impact, particularly in bringing civil law systems and common law systems closer together. In this article, the author, employing a descriptive–analytical method, has elaborated on this subject.
References
Babaei, I. (2011). Theoretical Foundations of the Economic Analysis of Law Approach. Journal of Legal Research, 23.
Babaei, I., & Badini, H. (2018). The Philosophy of Civil Liability. 2.
Bariklou, A. (2018). Civil Liability (Vol. 2PB - Mizan).
Bussani, P., & Parisi, F. (2003). Liability For Pure Financial Loss In Europe: An Economic Restatement. American Journal of Comparative Law, 51(1), 113-162. https://doi.org/10.2307/3649142
Cooter, R., & Thomas, U. (2005). law and economic. Encyclopedia of law and Economic.
Dadgar, Y., & Khodkar, R. (2017). Economic Analysis of Strict Liability Rule and Examination of Its Efficiency in Iranian Law. Quarterly Journal of Legal Research, Shahid Beheshti University, 20(78).
Gary, S. B. (2008). Crime and Punishment: An Economic Approach. J. POL. ECON., 76, 169. https://doi.org/10.1086/259394
Gerhard, W. (2002). Tort Law and Liability Insurance. In Tort law and economics, op. cit.
Ghasemzadeh, S. M. (2019). The Concept of Illegality or Anomaly of a Harmful Act in Civil Liability. Nashr-e Mizan.
Hamiti Vaghef, A. A. (2018). Obligations Outside of Contract. Jangal.
Hosseini-Nejad, H. (2010). Civil Liability (Vol. 1). Majd.
Safaee, S. H., & Rahimi, H. (2018). Civil Liability (Obligations Outside of Contracts) (Vol. 11). SAMT.
Salimi, F., & Parsarpour, M. B. (2021). The Basis of Civil Liability from the Perspective of Economic Analysis of Law (With a View to Market Law). Journal of Private Law Research, 9(35).
Schiäfer, H.-B., & Claus, O. (2009). The Economic Analysis of Civil Law. Edward Elgar Publishing Limited.
Shavell, S. (2002). Economic Analysis of Accident Law. Cambridge, Mass. https://doi.org/10.3386/w9694
Shavell, S. (2005). Economics and Liability for AccidentPB - Harvard John M. Olin, Discussion Paper (Vol. 535). http://ssrn. com/abstract=870565
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Mehrnoush Razazzadeh (Author); Davoud Nasiran Najafabadi (Corresponding author); Reza Soltani (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
