Frezza, Giampaolo; Parisi, Francesco --- "Pietro Trimarchi (1934-)" [1999] ELECD 53; in Backhaus, G. Jürgen (ed), "The Elgar Companion to Law and Economics" (Edward Elgar Publishing, 1999)

Book Title: The Elgar Companion to Law and Economics

Editor(s): Backhaus, G. Jürgen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781858985169

Section: Chapter 46

Section Title: Pietro Trimarchi (1934-)

Author(s): Frezza, Giampaolo; Parisi, Francesco

Number of pages: 17

Extract:

46 Pietro Trimarchi (1936)
Giampaolo Frezza and Francesco Parisi


Introduction
In 1961, Pietro Trimarchi published Rischio e Responsabilitd Oggettiva (Risk
and Strict Liability) (Milan: Giuffr&), a monograph that has become a mile-
stone in the economic analysis of the law in Italy. In the United States,
meanwhile, the writings of Ronald Coase, Richard A. Posner, Guido Calabresi
and Gary Becker were popularizing the so-called `new law and economics'.
Trimarchi, however, studied the delicate question of strict liability separately.
His independent study focused on the function and the structure of strict
liability in microeconomic terms.
Pietro Trimarchi's works include other publications concerning the eco-
nomic approach to law. Particularly relevant, and quoted in the
above-mentioned monograph, is I1 `caso fortuito ' quale limite della
responsabilita per il danno da cose (`Fortuitous Event' As a Limit of the
Liability for Damage Caused by Things) (Riv. trim. Dir. e proc. civ. 1959, at
827 ff). Another monograph, titled Causalitd e danno (Causality and dam-
age) (Milan: Giuffrk, 1967)' synthesizes the content of the author's theory on
strict liability for enterprise risk.
This article fully develops Trimarchi's theory of strict liability for enter-
prise risk. Furthermore, it devotes particular attention to the economic analysis
of the principles of contractual liability that Trimarchi takes pains to develop
and contrast with widespread and respected theories from the United States.
According to Trimarchi, a legal system, not a conventional system of contrac-
tual liability, provides an optimal distribution of productive resources, as
supported ...