상법에게 경제를 묻다 －상법과 경제학의 관계－ (A Study on the Commercial Law and Economic Relations)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 33호 / 85 ~ 121페이지
· 저자명 : 손영화

초록

The economics has a big influence on the commercial laws and the economy-related law in today.
Organizational economics(Transaction cost approach), contract economics have in particular a big influence on the commercial law so far. The economics contributes to development of the law by offering logical prediction possibility for the reasoning as the vague of the law.
For example, so-called agent theory is fixed in what an economic discussion introduces it into in the commercial law. We have a meaning in the economics theory by letting you do the analysis tool in the commercial law wealthily. However, there is one point that you must be careful about. Little doubt is possible for organizational economics, contract economics influence on law. The model that is discussed in a area of the law, you must examine whether it is evaluated of organizational economics, contract economics. You must confirm whether the application does not have the inherent limitation.
Organizational economics has provided a theoretical background for the system of the legal rules about a corporation. However, Organizational economics in itself is not a complete economic theory.
In addition, a complete market and the basics called a perfect rational human being that organizational economics premises are the suppositions that cannot consist. Therefore, a limit of the interpretation by it can occur.
There is so-called behavioral economics(experimental economics) as the economic theory that criticize the neoclassical school(microeconomics) recently. The behavioral economics denied a rational image of a human being(Homo Economicus) that neoclassical school made the premise. The behavioral economics classified the image of a human being of the irrationality into the field of vision and was going to take in psychology and a behavioral science in economics. The opinion of the behavioral economics has an influence on law mainly in U.S.A. and Europe.
It is necessary we receive a new economic theory in the study of the commercial law, and to solve classic difficult problems well from now on.

영어초록

The economics has a big influence on the commercial laws and the economy-related law in today.
Organizational economics(Transaction cost approach), contract economics have in particular a big influence on the commercial law so far. The economics contributes to development of the law by offering logical prediction possibility for the reasoning as the vague of the law.
For example, so-called agent theory is fixed in what an economic discussion introduces it into in the commercial law. We have a meaning in the economics theory by letting you do the analysis tool in the commercial law wealthily. However, there is one point that you must be careful about. Little doubt is possible for organizational economics, contract economics influence on law. The model that is discussed in a area of the law, you must examine whether it is evaluated of organizational economics, contract economics. You must confirm whether the application does not have the inherent limitation.
Organizational economics has provided a theoretical background for the system of the legal rules about a corporation. However, Organizational economics in itself is not a complete economic theory.
In addition, a complete market and the basics called a perfect rational human being that organizational economics premises are the suppositions that cannot consist. Therefore, a limit of the interpretation by it can occur.
There is so-called behavioral economics(experimental economics) as the economic theory that criticize the neoclassical school(microeconomics) recently. The behavioral economics denied a rational image of a human being(Homo Economicus) that neoclassical school made the premise. The behavioral economics classified the image of a human being of the irrationality into the field of vision and was going to take in psychology and a behavioral science in economics. The opinion of the behavioral economics has an influence on law mainly in U.S.A. and Europe.
It is necessary we receive a new economic theory in the study of the commercial law, and to solve classic difficult problems well from now on.

참고자료

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