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5. Applicable law.

The considerations on the double recovery method (available to common lawyers but not to civilians) are useful for a practical reason: in case of possibility of choice of the law applicable to the agreement, it would be preferable to subject same to either a civil law system or a common law system depending on the willingness to exclude the recovery of reliance interests or to admit them (at least, in principle).

However, even in this case, it is clear that the law and economics, as far as the civil law systems are concerned, must be limited to the first method: the second could be taken into consideration only in case of either a legislative amendment or a completely different approach of the case-law rules, which seems to be, for the time being, a very unlikely event.

6. Conclusions.

The analysis of some of the rules related to the breach of contract and the relative damages recovery techniques shows that the models of law and economics cannot be always applied: they are always based either on a certain law system or on legal concepts typical to a peculiar experience; the adoption of a perfect, ideal, abstract model may be useful as a general framework, but, in order to achieve practical results, it is necessary to carry out an analysis in light of the applicable law, taking into account the interpretation given by the jurisprudence and the concepts on which same is grounded.

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