Property law : comparative, empirical, and economic analyses / Yun-chien Chang.
2023
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Details
Title
Property law : comparative, empirical, and economic analyses / Yun-chien Chang.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2023.
Description
1 online resource (xxv, 425 pages) : digital, PDF file(s)
Formatted Contents Note
Property law around the world : an empirical overview
Economic framework
Limited number of limited property rights : less is more
Transfer of ownership : transaction cost v. information cost
Acquisitive prescription : hardly justified in modern, developed countries
Building encroachment : in search of an efficiency justification
Co-ownership partition : proposing a new auction-based design
Managing co-ownership : tragedy of the common-ownership?
Access to landlocked land : hybrid entitlement protection
Good-faith purchaser : proposing fractional ownership and internal auction
Finders, keepers : a minority rule
The specificatio doctrine : do what the Romans did
The accessio doctrine : no sign of convergence.
Economic framework
Limited number of limited property rights : less is more
Transfer of ownership : transaction cost v. information cost
Acquisitive prescription : hardly justified in modern, developed countries
Building encroachment : in search of an efficiency justification
Co-ownership partition : proposing a new auction-based design
Managing co-ownership : tragedy of the common-ownership?
Access to landlocked land : hybrid entitlement protection
Good-faith purchaser : proposing fractional ownership and internal auction
Finders, keepers : a minority rule
The specificatio doctrine : do what the Romans did
The accessio doctrine : no sign of convergence.
Summary
The first book of its kind, Property Law: Comparative, Empirical, and Economic Analyses, uses a unique hand-coded data set on nearly 300 dimensions on the substance of property law in 156 jurisdictions to describe the convergence and divergence of key property doctrines around the world. This book quantitatively analyzes property institutions and uses machine learning methods to categorize jurisdictions into ten legal families, challenging the existing paradigms in economics and law. Using other cross-country data, the author empirically tests theories about property law and comparative law. Using economic efficiency as both a positive and a normative criterion, each chapter evaluates which jurisdictions have the most efficient property doctrines, concluding that the common law is not more efficient than the civil law. Unlike prior studies on empirical comparative law, this book provides detailed citations to laws in each jurisdiction. Data and documentation are publicly available on the author's website.
Note
Title from publisher's bibliographic system (viewed on 26 May 2023).
Location
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Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781009236553 (ebook)
9781009236591 (hardback)
9781009236577 (paperback)
9781009236591 (hardback)
9781009236577 (paperback)
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