What happened to property in law and economics¶
Merrill, T. W., & Smith, H. E. (2001). What happened to property in law and economics. Yale Law Journal, 111(2), 357-398.
Cited by¶
1 citation across 1 artifact.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Property Rights
- The two often coincide — possession is frequently treated as presumptive evidence of a right — but they are conceptually distinct, and a regime can recognize a right in a party who does not currently possess the resource at all (a landlord who has leased out a building still owns it).
This sourceArgues for the in rem, exclusion-centered nature of property and the relation among possession, recognized claims, and the bundle metaphor; supports the distinction between physical possession and an enforceable right and the legal differentiation of entitlements and exclusion doctrines.
- The two often coincide — possession is frequently treated as presumptive evidence of a right — but they are conceptually distinct, and a regime can recognize a right in a party who does not currently possess the resource at all (a landlord who has leased out a building still owns it).
Verification¶
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Registry ID ref:f7ddb0bf5964 · see in the full table