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課程名稱 |
歐陸法國家之法律與經濟
Law and Economics in Civil Law countries with cases from German courts |
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開課學期 |
105-1 |
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授課對象 |
法律學院 法律研究所 |
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授課教師 |
蕭喬本 |
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課號 |
LAW5358 |
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課程識別碼 |
A21EU4690 |
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班次 |
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學分 |
1 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
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上課地點 |
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備註 |
本課程以英語授課。11/21.23.25.28.30&12/2(10AB節17:30-20:10)@1702
總人數上限：30人 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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課程概述 |
Introduction to the law and economics of civil law with German landmark cases
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課程目標 |
The course will provide a concise introduction to the law and economics of civil law. In an introductory part it will deal with the crucial role of law and institutions for the wealth of a nation. It will then proceed to the law and economics of contract law, tort law and property law, first presenting the economic analysis and then discuss hard cases decided by the German Supreme Court (Bundesgerichtshof). The cases will be based on a book jointly written with Hein Kotz, author of an acclaimed book on comparative law. Then questions of contract law including the good faith principle from an economic perspective and related cases will be discussed. We will also discuss the most important questions of tort law including its rationale, scope and weaknesses regarding the improvement of safety in a modern society. The part on property will concentrate on intellectual property and the tragedy of the anticommons as well as the law of taking and regulatory taking and related economic problems. Literature will be distributed to all participants. Knowledge of German Language is welcome but not necessary. The aim of the course is a better and more scientific understanding of socially desirable consequences of civil law rules . The course also shows which role law and economics can play within doctrinal reasoning in a civil law country like Germany. |
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課程要求 |
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
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參考書目 |
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評量方式
(僅供參考) |
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