文章基本信息

标题：Partially Odious Debts?
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作者：Ben-Shahar, Omri ; Gulati, Mitu
期刊名称：Law and Contemporary Problems
印刷版ISSN：0023-9186
出版年度：2007
卷号：70
期号：4
页码：47-82
出版社：Duke Law
摘要：Ben-Shahar borrows from a rich private-law tradition to explore the treatment of odious debt as a problem analogous to allocation of liability in private law. Drawing on the economic analysis of private law, it develops insights as to the structure of an optimal liability scheme. Under this approach, liability is imposed not on the basis of some intrinsic judgment as to the parties' relative blameworthiness, but rather in a forward-looking fashion, on parties who are best suited to take actions to prevent the loss. In addition, liability is imposed on a magnitude tailored to induce an optimal level of precautionary measures.
关键词：National debt; Economics; Law; Liability; Government spending policy; Public debts; External debts; State succession; Economic aspects