The Desirable Basis of Civil Liability from the Economic Analysis of Law Viewpoint (Looking at Market Rights)

One of the most important topics in the economic analysis of law is civil liability and the basis of civil liability is the most fundamental issue in analyzing the content of civil liability rules and the way that the legal system views these rules. There are two types of approaches to economic analysis of Basis of Civil Liability; economic analysis of traditional Foundations and tendency to new basis. Conventional foundations are fault-based liability theory and fault-free liability theory that in the legal literature, these are called fault theory and risk theory. In the general rules among traditional theories, by changing their lawsuits and their level of caution, either fault or strict liability can be effective. Market rights have generally accepted strict liability and the theory of market security. In the market rights, new foundations have been introduced because of inefficiencies of traditional foundations And because of their social capability, they are becoming more prominent in the legal literature of the world. The consequentialist basis are deterrence and distributive justice. This research is an analytical-descriptive study using library data in two topics.