K12 - Contract LawNávrat zpět

The article deals with sex discrimination prohibition in the European community law as well as in the Czech law and it describes antidiscrimination juridical practise in the Czech Republic. It judges selected institutes of the antidiscrimination act from the point of view of their economic consequences. It shows to which behaviour the economic subjects are forced and analyses whether this behaviour is in accordance with economic rules of market economy, with principle of private property and free choices. It pays attention to equal opportunities and affirmative action as measures to ensure them, and the institute of burden of proof transfer to the accused. It concludes that the antidiscrimination act does not respect the natural rules of people's behaviour in real economic relations and it seems to be an artificial authority construct, which serves special purposes.

Economic analysis of law concerns predicting impacts of legislative rules on incentives and behaviour of individuals and judging social efficiency of alternative legislative rules. It applies price theory, welfare theory and public choice theory on creating and applying law. One of its main shortcomings however is the lack of criteria of social efficiency. Modern history of economic analysis of law begins within the framework of property rights and transaction costs theories. The Chicago school has been the most prominent group of economists. Austrian school and New institutional school compete with Chicago school in applying different methods of economic analysis on law. Chicago approach is based on assumptions of rational economic behaviour and stable preferences. In the centre of Chicago paradigm lies Richard Posner's efficiency thesis predicting that law rules develop in efficient ways. Austrian school criticizes Chicago school positivism from the perspectives of methodological subjectivism.

Author deals with essentials regarding economic analysis of law. The methodology of Law and Economics approach is in general summarized and the distinction between rational and behavioral concepts are mentioned. Additionally, the economics of contracts including subsumed contractual formation, obligation performance and potential dispute incidence, and agency by means of its economic advantages in sense of model applicable for a variety of particular legal relations are concerned.