文档介绍：The Anti-Theoretical Nature of Civil Law Contract
Scholarship and the Need for an Economic Theory

Aristides N. Hatzis∗

Abstract
The absence of theories developed for Roman law and the absence of grand
theories in Civil contract law scholarship were es of a particularistic ap-
proach to the problems created by the deficiencies of markets and driven by the
need for the construction of a legal framework conducive to economic progress.
The generation of efficient results by Civil law through the selection of efficient
rules and standards pleted over the course of several centuries and stabi-
lized after the great codifications. Common law had for centuries attempted to
develop a similar construct that would be stable enough to facilitate economic
relations. Borrowing ideas and solutions from Civil law was the easy way out.
Despite the numerous legal transplants, mon law fought hard to preserve
a false independence and a parallel dilapidated coherence by building unified,
conclusive, but dogmatic theories. The mimicking of Civil law has led to some
efficient solutions, but with many islands of “inefficiency” trapped in the sea of
rigid theories (bargain theory, privity, etc.). On the other hand, Civil law scholar-
ship and practice has found it increasingly difficult to respond to the fast-
changing economic circumstances. For the first time in history, economic rela-
tions have e plicated that it is impossible for a judge endowed only
mon sense to solve problems created by the dysfunctions of markets.
Economic expertise is not only helpful, but also required. A responsive eco-
nomic theory of contract law is almost imperative if Civil law is to continue
playing the role that it has essfully performed for centuries: providing the
legal framework that helps the economy function.

∗
Lecturer of Philosophy of Law & Theory of Institutions, University of Athens
(. 1989, . 1993, Aristotle University of Thes