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This article aims to examine the phenomenon of court fees in Chile, exploring their legal nature, historical development, and the economic implications of adopting either a broader or more restrictive concept toward court fees. A historical methodology and dogmatic analysis were used to investigate the rationales for their implementation, as well as the challenges they pose to ensuring access to justice. The article concludes that court fees are not an effective instrument for reducing strategic litigation by certain habitual claimants, as better alternative mechanisms exist to achieve this purpose. However, it recognizes that court fees could serve a revenue-generating goal, provided this is consistent with access-to-justice principles. The article suggests several approaches to calculating an optimal fee designed to partially fund the public administration of justice. [ABSTRACT FROM AUTHOR]

This article develops a theoretical framework on the propensity for risk applied to litigation. From this theoretical framework, it follows that the risk prone will initiate legal proceedings more than those averse to it; that when the risk prone are sued, their propensity to risk does not decrease in the face of low variability chance of loss in comparison with previous chances of loss of greater variability; and that furthermore, they generate greater legal expenses than people of other risk profiles. The aforementioned causes greater social losses on increasing the negative externalities of litigation due to the greater divergence between its private and social benefits. The latter shall be examined regarding the issues of permanent courts and the possibility of reaching agreements. [ABSTRACT FROM AUTHOR]

Copyright of Informacion Comercial Espanola Revista de Economia is the property of S.G.E.E.I.P.C., Secretaria de Estado de Comercio, Ministerio de Industria, Comercio y Turismo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since the United Nations Convention on Contracts for the International Sale of Goods (1980) the dogmatic model of contractual liability adopted is based on a unitary concept of breach of contract, which includes all its possible manifestations, and on this basis, it provides a set of remedies to protect the non-breaching party. He can: claim performance, terminate the contract, claim damages, claim a reduction of the price or withhold his own performance. However, precontractual liability is addressed by topos, so this paper arises the possibility of organizing precontractual liability systematically. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Socio-Jurídicos is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Iustitia is the property of Universidad Santo Tomas, Bucaramanga and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Business Judgment Rule (BJR) is a rule developed by the case law of the American courts that establishes that judges will respect directors' business decisions, as long as they made an informed decision, in the best interest of the company and without violating the law or breaching their fiduciary duties. This paper reviews the application of the BJR in Colombia and the unsuccessful bills presented on this matter. In addition, it aims to analyze the economic implications of its adoption and, through a qualitative methodology and from a law and economics perspective, demonstrates its significant macroeconomic and microeconomic benefits. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper develops a review of contracts on human organs from the Economic Analysis of Law perspective. Using tools of the Law and Economics, a critical position on the conception of the issue and the dominant legal framework is adopted. This stance is taken to analyze the legalization of organ transactions through the design of a regulated market, commenting on the potential advantages that this would bring over an absolute prohibition. [ABSTRACT FROM AUTHOR]

Colombian law used to provide that parents had to register children with their fathers' last names as the first one. In November 2019, Colombian Constitutional Court held that such rule was against the equal treatment of genders, allowing parents to register a child either with the father's or the mother's surname. This research, based on a game-theoretical approach as well as on models of the economic analysis of family law, applies such notions, lege lata, to the new rules allowing parents to bargain over property rights on their children's last names, focusing on married parents or in those who live together under similar arrangements. The paper also models such bargaining as both a battle of the sexes and a chicken game. Such approach offers new insights not only as to new case law's effects but also, and more generally, regarding the economic analysis of marriage and other family law issues. The text concludes that the bargaining over children's last names may be very complex not due to legal reasons but because of economic grounds such as a bilateral monopoly between parents and the fact that a last name is an indivisible object that is not traded in a traditional market. [ABSTRACT FROM AUTHOR]

Copyright of Procesos de Mercado is the property of Procesos de Mercado. Revista Europea de Economia Politica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anales de la Cátedra Francisco Suárez is the property of Anales de la Catedra Francisco Suarez and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Latin American Law Review is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper have by object to clarify the dilemma related with the exploitation monopoly created by pharmaceutical invention patents, which, while incentive the innovation, in turn, represent obstacles to accessing essential medicines, as a patented thing, and therefore, it will be sold at high costs in the market. This affects the enjoyment of the right to health of patients, because it´s products with a few elasticity or near substitutes, and while the patent be valid; No other competitor can carry out, without the authorization of the owner, the acts mentioned in Article 28 of the Trade Related Aspects of Intellectual Property Rights Agreement. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The polysemic problem of crops for illicit use, particularly that related to the coca leaf, is addressed from the study of some of the negative externalities derived from the production of coca leaf with respect to the environment and the economy of the communities who are devoted to its production, which have tended to become more acute in the post-agreement era. In this sense, an analysis is presented that articulates the economic and legal narratives through the economic analysis of the law, to have a theoretical and empirical approach to the possible effects that a certain policy, decision or legal regulation can produce on this type of illicit economies. [ABSTRACT FROM AUTHOR]

The influence of economics on human behavior shows the connection between economics and law. If we add to this the existence of scarce resources together with the need to maximize results, we go into the premises of the economic analysis of law (AED), a movement that applies techniques and economic principles in the study of legal problems, so that the law can not be understood from an exclusively legal perspective, but is impregnated with the criterion of efficiency in the search for the ideal of justice. An example of such assertion is the new approach that the AED proposes regarding the legal institution of the contract starting, from the notion of the perfect contract, as well as aspects related to the general theory (vices of consent, compliance, non-compliance, damages and liability, contractual remedies, compliance guarantees, risks, interpretation). [ABSTRACT FROM AUTHOR]

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The present work aims to demonstrate that it would be economically efficient for the legislator to introduce rules that allow couples to decide, by mutual agreement, a series of relevant aspects of the marriageregime. The opening to such options does not collidle with the constitutional content of the concepts of family nor marriage, respect of which the legislator has been conferred competition over. [ABSTRACT FROM AUTHOR]

The information asymmetry increases the transaction costs. This fact calls the State's regulation on the contracts developed by the market's agents in order to get efficient results. In Colombia, the Habeas Data law was created to manage conflicts arising from the asymmetry of information between users and financial entities. However, its ability to solve this market's imperfection in the banking sector is still limited. In this article, we present results that validate the previous statement based on the analysis of this legal instrument, retaking concepts of the "Law and Economics" and a comprehensive review of Constitutional Court decisions. [ABSTRACT FROM AUTHOR]

Copyright of Pensamiento Jurídico is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Efficient solutions are difficult to adopt, as they comprehend a large amount of information and require identifying an optimum point, which weighs up the benefits and costs involved. One means of simplifying this task arises with the final offer rule (the judge accepts the position of one or the other part, in a complete way). The Chilean electricity system provides for a rule of this nature to rule on disputes, which come before the so-called «electrical panel». This article will discuss the rule's considerations of efficiency and the complexities, which the final offer presents for traditional procedural principles. A rule acclaimed by economists for taking decisions could cause lawyers to reconsider the mechanisms for resolving certain disputes. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

From an exercise of economic analysis of Article 14 of Law 1340 of 2009, through which incentives are established for the delation of anti-competitive practices, this article demonstrates that the benefits contained in the aforementioned norm do not constitute a sufficient incentive to generate the accusation of restrictive behaviors of the competition. The analysis presented has its origins in three hypotheses constructed from principles, theories, and economic concepts: (i) if there is an ongoing investigation by the Superintendence of Industry and Commerce and the entity, at the time of reaching the discharges, has sufficient evidence to impose the fine contained in the legal system, then there will be only sufficient incentive for the first reporter, (ii) if there is an ongoing investigation by the Superintendence of Industry and Commerce and the entity, at the time of reaching the discharges, does not have enough evidence to impose the fine, then the economic agent will not disclose or collaborate with the investigation in any way and (iii) if there is no ongoing investigation by the Superintendence of Industry and Commerce, then no agent economic will betray or confess its participation in a restrictive practice of competition. From the above it is concluded that in any case only in the event that there is an ongoing investigation for restrictive practices of competition, the first informer, and only this one, will be encouraged to confess. [ABSTRACT FROM AUTHOR]

Preliminary injunctions have been always used as an anticipated protection measure by judges around the world. However, few of those judges -or none- perform a material analysis of the effectiveness that precaution can have. This mean to weigh the anticipated protection granted in court against plausible material damages -or better, probable- than this prior adjudication can cause when the party in which the measure fell against, ends up being victorious in merits. Therefore, after going through the concepts and development of precautionary measures in processes of unfair competition and the legal and economic tools used in comparative law, we conducted a specific economic analysis of the preliminary injunctions in the proceedings on unfair acts of violation of norms. All the above, analyzing the efficiency of the bond and reviewing the problems of uncertainty that are inherent to the precautionary institution. This, to determine if it is possible to apply the quantitative valuation rules used in the United States for the decree on such measures. Such analysis was made studying specific cases that have been brought before the Delegation of Jurisdictional Affairs of the Superintendence of Industry and Commerce. [ABSTRACT FROM AUTHOR]

Copyright of Revista Inciso is the property of Universidad La Gran Colombia, Seccional Armenia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of CIVILIZAR: Ciencias Sociales y Humanas is the property of Universidad Sergio Arboleda and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Objective. This article proposes a critical reflection about the abusive clauses in contracts for the adhesion in the relations of consumption and their regulation in Law 1480 of 2011. Methodology. Hermeneuticsynthetic characterization, in which the assumptions of economic analysis of law are used, starting with the definition of abusive clause, analyzing then the criteria established to determine abuse always in the context of consumption. Finally, reference is made to the controls designed for this kind of clauses as a form of intervention to the reality that the market for goods and services demands from public authorities. Results. The freedom and equality of the parties that demand a reliable market shields protection in two legal spheres: patrimonial rights and personal rights as for the worthy consumption. Conclusion. Greater efficiency of administrative control against the use of this type of clauses in consumer relations is needed. [ABSTRACT FROM AUTHOR]

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper analyzes the vehicle restriction measure known as "pico y placa" implemented in Bogotá city, with aims of solving the problem of traffic jams. The above, from the perspective of Law and Economics and games theory. The paper demonstrates the inefficiency of the policy, and so, the measure leaves the city in a situation in which, not only the purpose of the rule is not accomplished, but, conversely, causes an increase in the cars quantity in the city, generating even more traffic jams and pollution. The paper finishes by submitting some economics tools to solve the problem in the city, such as (i) urban tolls, (ii) sale of circulation licenses and (iii) freezing of the cars quantity with a car plate market and scrap car system. [ABSTRACT FROM AUTHOR]

This article analyzes the role to be accomplished by the economic law as the articulating element of society-nature relationship in order to achieve an integral development for Colombia within the framework of the social right State. This purpose implies the establishment of the origins of economic law from the relationships which emerge between law and economics and presenting it as an autonomous branch of law and differentiating it from the approach of the economic analysis of law. From this point of view, the economic law has become an important tool to facilitate the governmental intervention in the economy in order to correct market failures, including the ones arising from contamination. The big challenge for humankind in the 21st century is to search for the way to solve environmental damage issues; in this sense, this article shows the economic law as a good alternative to reach the balance of the relationships between society and nature. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Inciso is the property of Universidad La Gran Colombia, Seccional Armenia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The impact of regulation on the compliance of the rules protecting the rights of communication users is not very positive. Although the fines imposed to offenders are increasingly high and repetitive, they continue to provide services without quality and even disrespecting the rights of users. In the telecommunications sector, this phenomenon is based on the classic and rational behavior of service providers, who in selecting their game strategies, will prefer to the breach of Regulation, since the cost (financial penalties) never is greater than the profit reported with the infringements (utilities). [ABSTRACT FROM AUTHOR]

Copyright of Revista Inciso is the property of Universidad La Gran Colombia, Seccional Armenia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)