Momotov V.V.

In the article, as a criterion for the applicability or inapplicability of the method of economic analysis of law to certain institutions, legal interest is proposed. It is shown that an economic analysis of law can be applied to institutions based on the priority of private interest, and to institutions based on the primacy of public interest, this method should be used with great care. The example of specific legal institutions illustrates the difference in the approaches of the continental European legal system, based on the principle of justice, and the approaches of the Anglo-American family based on the principle of economic efficiency. On the basis of the method of economic analysis of law, an assessment is given of possible ways to improve the institution of state duty.