Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 245-258 | Back to browse issues page

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Firoozbakht M, Habibi Dargah B, Elsan M. Economic analysis of litigation Contract. MLJ 2021; 15 :245-258
URL: http://ijmedicallaw.ir/article-1-1400-en.html
1- Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran
2- Department of Private Law, Shahid Beheshti University, Tehran, Iran
Abstract:  
Background and Aim: There are rules for determining the effects of a contract. These rules have been uniformly established in different countries and regions of the world with different legal systems. One of the most important examples of contracts is the litigation contract. The present article seeks to examine the economic contract while examining it.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Litigation theory can be one of the tools used in legislative policy. The findings show that economics of law or economic analysis of law is from an economic perspective, this school is inspired by the consequentialist philosophy of justice and is considered a kind of scientific methodology, the logic of legal economics is the application of economic principles in the legal decision-making process. Contract economics also seeks contractual efficiency, allocation of transaction costs, combating contractual opportunism, and allocation of contractual risks with the aim of ensuring social welfare and efficient contract execution.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Economic analysis of the civil litigation process is based on litigation costs in order to increase the efficiency and quality of litigation and the rational optimization of litigation costs if an efficient litigation is one of the guarantees of civil justice.

Cite this article as: Firoozbakht M, Habibi Dargah B, Elsan M. Economic analysis of litigation Contract. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/04/24 | Accepted: 2021/08/15

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