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Theoretical Aspects of Cartelization in Central Europe – An Introduction to Cartel Theory

100%
Nikodym L.
Central European Papers
|
2014
|
vol. 2
|
issue 1
25-38
EN
The aim of this essay is to show incorrect steps of economic policy based on misunderstandings of Central European economic thought between the crises in 1873 and 1929. After-crisis governmental protectionism led to a massive cartelization which required another government regulation. The process of regulation and protectionism resulted in forced cartelization and the market has disappeared by the year 1938. The conclusion of this paper essay states that liberalization and market deregulation would be a better solution how to regulate cartels because the process of forced cartelization could lead to a transition process to a centrally planned economy.
2

The Mistaken Doctrine of Common Law: A Critique

51%
Nikodym L., Nikodym T., Pušová T.
DANUBE: Law and Economics Review
|
2016
|
vol. 7
|
issue 3
173-181
EN
The study deals with Huerta de Soto’s thesis about the “mistaken doctrine of common law”, which is based on the equalization of depositum irregulare and mutuum contracts. He concluded that equalization of these contracts resulted in the creation of business cycles. According to this study, Huerta de Soto made a mistake when considering contracts inspired by the continental law based on Roman law. The study shows that mutuum was even in Roman law an ancient contract that was not codified, and that Huerta de Soto’s interpretation of this contract in the Anglo-American legal system is based more on civil law, not on common law as he stated in his work. Finally, the problem of common law did not lie in the equalization of the mentioned contracts, but rather in the absence of depositum irregulare contracts applied to monetary questions.
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