COMPARISON OF TORT LAW SYSTEMS FROM THE PERSPECTIVE OF ECONOMIC EFFICIENCY: BRAZILIAN CIVIL CODE, PRINCIPLES OF EUROPEAN LAW AND RESTATEMENTS OF THE LAW

Abstract

Is it possible to compare tort law systems from the perspective of economic efficiency? The paper demonstrates that it is possible. Using the theoretical foundations of economic analysis of law and the comparative methodology developed by La Porta, Lopez-de-Silanes, Shleifer and Vishny, the article compares the Brazilian Civil Code of 2002 vis a vis the Brazilian Civil Code of 1916, and the Brazilian Civil Code of 2002 vis a vis the Principles of European Tort Law vis a vis the Restatements of the Law Third.