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Economic Contract Theory and Law and Economics of Contracts: Are they twins or separate approaches? Selected overview of literature in the last decade
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Szkoła Główna Handlowa, Polska
Submission date: 2025-10-20
Final revision date: 2026-07-18
Acceptance date: 2026-07-27
Online publication date: 2026-09-15
Publication date: 2026-09-15
Ekonomista 2026;(3):311-331
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ABSTRACT
This paper takes a closer look at the divergence of economic approaches towards contracts (agreements) with various developments
of Economic Contract Theory and Law and Economics of Contracts. In order to observe the multifaceted nature of Economic
Contract Theory, its three main directions are discussed, namely incentive theory, incomplete theory and transaction cost theory.
To track the evolution of these two approaches, a selected survey of publications that appeared over the past decade in leading
scientific journals was conducted. We conclude that Economic Contract Theory forms a distinct economic approach in contracts in
comparison to Law and Economics of Contracts, but there are noticeable similarities.
ACKNOWLEDGEMENTS
The author would like to thank Łukasz Dąbroś and Michalina Waclaw for their valuable comments as well as technical support.
DATA AVAILABILITY
This study did not use any data other than publicly available databases of scientific publications.