9781316017814 (ebook) 9781107083547 (hardback) 9781107444317 (paperback)
Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy, Austria.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction / Yun-chien Chang Ownership and possession / Thomas W. Merrill The law is nine-tenths of possession : an adage turned on its head / Carol M. Rose The elements of possession / Henry E. Smith The economy of concept and possession / Yun-chien Chang What behavioral studies can teach jurists about possession and vice versa / Daphna Lewinsohn-Zamir The possession heuristic / James Krier and Christopher Serkin Dividing possessory rights / Daniel B. Kelly The titling role of possession / Benito Arruñada Possession and licenses : the FCC, weak spectrum rights and the lightsquared debacle / Richard A. Epstein Jurisdiction, choice of law and property / Daniel Klerman Small property, adverse possession, and optional law / Shitong Qiao Title in the shadow of possession / Abraham Bell.