Basic principles of property law : a comparative legal and economic introduction /

Basic principles of property law : a comparative legal and economic introduction /

Discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set legal foundations for working markets

Bibliographic Details
Main Author: Mattei, Ugo
Format: Book
Language:English
Published: Westport, Conn. : Greenwood Press, 2000
Westport, Conn. : c2000
Westport, Conn. : 2000
Series:Contributions in legal studies no. 93
Contributions in legal studies, no. 93
Contributions in legal studies ; no. 93
Contributions in legal studies no. 93
Contributions in legal studies no. 93
Subjects:
Comparative economics
Property
Right of property
Ownership
Table of Contents:
  • Avoiding Tragedies
  • Property Law: An Historically Contingent Aggregate of Formal and Informal Constraints
  • Common Law
  • Civil Law
  • Dissimilar Form and Similar Substance?
  • Constitutional Law
  • Codes and Common Law Principles
  • Special Statutes
  • Lower Regulation
  • Machinery of Justice
  • Economic Analysis
  • Efficiency as a Legal Principle
  • Efficiency as Waste Prevention
  • Property Law: Default and Mandatory Rules
  • Judicial Interpretation and Private Bargaining
  • Minimizing the Costs of Failures in Negotiation
  • Property Rights and Internalization of Social Costs
  • Collective and Decentralized Systems to Avoid Externalities
  • Property Rules and Liability Rules
  • Efficiency and Security of Property Rights
  • Clear Social Signaling in Movable and Immovable Property
  • Efficiency and the Nature of Property
  • The Object of Property Rights
  • Taxonomy
  • Immovable Property
  • Movable Property
  • The Legal Regime of Property Rights Other Than Ownership
  • Public Law Ownership
  • Transfer of Ownership
  • A Complex Legal Problem
  • Voluntary and Involuntary Transfers Mortis Causa (after Death)
  • Voluntary Inter Vivos Transfers of Immovables
  • Transfers of Movables
  • Involuntary Transfers of Immovable Property
  • Riparian Property Rights
  • The Power to Use Ownership
  • Ownership as an Aggregate of Positive and Negative Characteristics
  • The Power to Fence the Land
  • The Power to Use the Subsoil
  • The Power to Use Water
  • The Power to Plant and Acquire Fruits
  • Avoiding Tragedies 1
  • Property Law: An Historically Contingent Aggregate of Formal and Informal Constraints 3
  • Common Law 7
  • Civil Law 13
  • Dissimilar Form and Similar Substance? 18
  • Constitutional Law 29
  • Codes and Common Law Principles 37
  • Special Statutes 39
  • Lower Regulation 41
  • Machinery of Justice 44
  • 3 Economic Analysis 51
  • Efficiency as a Legal Principle 51
  • Efficiency as Waste Prevention 53
  • Property Law: Default and Mandatory Rules 54
  • Judicial Interpretation and Private Bargaining 55
  • Minimizing the Costs of Failures in Negotiation 56
  • Property Rights and Internalization of Social Costs 58
  • Collective and Decentralized Systems to Avoid Externalities 60
  • Property Rules and Liability Rules 62
  • Efficiency and Security of Property Rights 65
  • Clear Social Signaling in Movable and Immovable Property 66
  • Efficiency and the Nature of Property 68
  • 4 The Object of Property Rights 75
  • Taxonomy 75
  • Immovable Property 83
  • Movable Property 86
  • The Legal Regime of Property Rights Other Than Ownership 91
  • Public Law Ownership 93
  • 5 Transfer of Ownership 99
  • A Complex Legal Problem 99
  • Voluntary and Involuntary Transfers Mortis Causa (after Death) 100
  • Voluntary Inter Vivos Transfers of Immovables 102
  • Transfers of Movables 105
  • Involuntary Transfers of Immovable Property 109
  • Riparian Property Rights 117
  • 6 The Power to Use Ownership 123
  • Ownership as an Aggregate of Positive and Negative Characteristics 123
  • The Power to Fence the Land 127
  • The Power to Use the Subsoil 128
  • The Power to Use Water 130
  • The Power to Plant and Acquire Fruits 132
  • The Power over Buildings (Superficies Solo Caedit) 134
  • The Power over Borders 137
  • 7 Negative Aspects of Ownership: Limits and Liabilities 147
  • The General Ban on Abuse of Property Rights 149
  • Rules and Standards to Limit Property Rights 149
  • Limits to the Power to Build 150
  • Limits to Property Rights Due to Incompatible Uses in General 153
  • Minimal Distances and Other ex Ante Rules 154
  • Ex Post Standards: Reasonable Use 156
  • Emissions 157
  • Incompatible Uses: Some Economic Analysis and a Theoretical Framework 158
  • The Relative Nature of Emissions 160
  • First Come, First Served: Coming to the Nuisance 161
  • Industrial Emissions 163
  • Other Limits in the Interest of Neighbors 164
  • General Liabilities 165
  • Taxes 166
  • 8 Remedies 171
  • Possessory and Proprietary Remedies 173
  • Forward-Looking and Backward-Looking Remedies 175
  • Protection of Title and Protection of Enjoyment 176
  • Effectiveness of Remedies 178
  • Property Rule 181
  • Damages 187
  • 9 Loss of Ownership 193
  • The Nature of Expropriation 193
  • Legal and Economic Principles 195
  • Informal Taking and Regulation 197
  • Public Use and Due Process of Law 199
  • Just Compensation and Due Process of Law 201

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