Comparison of Tort Law Systems from the Perspective of Economic Efficiency: Brazilian Civil Code, Principles of European Law and Restatements of the Law
EALR, V. 7, nº 2, p. 347-361, Jul-Dez, 2016
15 Pages Posted: 19 Apr 2015 Last revised: 23 Mar 2020
Date Written: April 17, 2015
Abstract
Is it possible to compare tort law systems from the perspective of economic efficiency? The paper demonstrates that it is possible. Using the theoretical foundations of economic analysis of law and the comparative methodology developed by La Porta, Lopez-de-Silanes, Shleifer and Vishny, the article compares the Brazilian Civil Code of 2002 vis a vis the Brazilian Civil Code of 1916, and the Brazilian Civil Code of 2002 vis a vis the Principles of European Tort Law vis a vis the Restatements of the Law Third.
Keywords: Economic analysis of law, Comparative law, Tort Law
JEL Classification: K13
Suggested Citation: Suggested Citation