Ценность права в аспекте экономического анализа (на примере правовой теории Е.Б. Пашуканиса)
This article reviews the functions of transaction avoidance in German insolvency law. First it considers the effectiveness of transaction avoidance law from the point of economics. The author evaluates what incentives are created by the actual transaction avoidance provisions and how do they affect the moment the insolvency petition is filed and the possibility of rescuing the company. Separately the author gives the evaluation of strategies of the secured creditors, whose interests are not the same with the general body of creditors. The second part analyzes the prerequisites which are mandatory for the successful avoidance of the transaction.
e issue of assessing the quality of judicial decisions is particularly relevant for Russia as for a country at a transitional stage of institutional development. e paper analyzes the factors of quality of judicial decisions through antitrust cases in relation to international practice and Russian speci cs. ere is an analysis of the main features that determine the quality of the decisions made by the judges on the basis of a unique database of commercial courts cases. e article notes the high signi cance of the level of specialization and economic competence of judges when considering cases of a certain type. e decision quality factor is based on the minimization of law enforcement errors; and it is determined by such indicators as a fact of appeal, equality of decisions of rst and higher instances, as well as a cumulative number of instances considering a case as a pa- rameter of the quality of the case consideration by the judicial system in general. ere are several groups of parameters a ecting the quality. is research is especially focused on individual characteristics of judges, complexity of the approach required to the analy- sis of a potential violation and sanctions imposed on a party. It is shown that specialized experience of a judge in consideration of cases of a certain type provides rather intensive impact on the decision which will not be canceled by higher instances.