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Completely to paralyse economic activities in what - Or sphere, responsibility rules are applied. A society Incurs an establishment of the objective price, on which It is authorised to appropriate powers. For example, the property rule is inapplicable in the relation Motor transportation incidents as it would demand from Drivers of negotiation about the sizes of indemnification for Put mutilations with all potential victims of the unfortunate Cases. Clearly that automobile movement in the similar It would be simply impossible for a situation. From here necessity in Refusal of a rule of the property in favour of a rule Responsibility. The society itself defines the size Indemnification paid by the victim in the road Incidents, forcing all members to obey to it To collectively accepted decision.
Economic efficiency is defining and at
Choice of carriers of the right, and at a choice of forms of the legal
Protection. Though critical researches have shown that this
The criterion far is not neutral (it favours to preservation
The status quo, puts manufacturers in more favourable position
In comparison with consumers, well-founded members of a society
-- In comparison with deprived etc.), nevertheless without it
The economy is right hardly probable in general could to exist as
R.Pozner's thesis about legal system as the market simulator
Gives in to double interpretation. In positive sense it
Means that existing legal institutes are
Most effective of all possible, in standard -
That they should be reformed proceeding from reasons
Efficiency 12. R.Pozner sees legal analogue
The market in case law system. Within the limits of this system,
He confirms, decisions are taken out by courts in general in
Conformity with criterion of economic efficiency (58).
(And this criterion is not necessarily formulated by courts in
Obvious kind.) considering "congenital" mistrust of neoclassics to
To the state, such conclusion can seem a little
The unexpected. But the matter is that they always differently
Concerned political and legal systems of a society. From them
The points of view restructurization of the property rights,
Proceeding from political system, carries more often
Redistributive, whereas proceeding from the legal
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