An economic theory of the regulation of preliminary measures |
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Authors: | Francisco Ramos Romeu |
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Institution: | 1.Departament de Dret privat,Universitat Autònoma de Barcelona,Cerdanyola del Vallès, Barcelona,Spain |
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Abstract: | Preliminary measures adopted early in litigation are crucial for plaintiffs, given existing court delays and changing economic
environment, but can also harm a blameless defendant. Therefore, some form of regulation is needed to minimize the harms that
can result and discard non-optimal measures. Law and economic scholars have suggested that courts should control requests
for preliminary measures, but this form of regulation fails to explain existing legislations, both in civil law and common
law countries. This article argues that non-optimal preliminary measures can be more efficiently filtered through a strict
liability regime, and that their judicial control should be residual. |
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