Property Law
Property Law
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.
- Allows readers to gain knowledge of different legal schemes through the analysis of nearly 300 dimensions of property law in 156 jurisdictions
- Makes economic theories of law accessible to readers without formal modeling training through the use of efficiency as a core tool
- Visualizes the pattern of legal divergence and convergence through colorful world maps and figures
Reviews & endorsements
‘With its unprecedented wealth of data on property laws in jurisdictions around the world, this book is a methodological tour de force. The innovative economic analysis draws on an often surprising comparative picture, and the comparative work is informed by a sophisticated theoretical vision. Chang has produced a landmark in both comparative law and the law and economics of property.' Henry Smith, Fessenden Professor of Law, Harvard Law School
‘Yun-chien Chang's monumental empirical study of property institutions across the globe yields genuine insight into the nature and value of different property norms. A technically impressive piece of scholarship that identifies and codes property rules across 156 jurisdictions, it provides a compelling answer to an important question, the comparative efficiency of common law and civilian approaches to property law. Blending empirical, doctrinal, and normative approaches, Yun-chien Chang has moved our understanding of property institutions onto an entirely new and impressively solid foundation. I fully expect this truly extraordinary piece of work will become both a point of reference and a source of inspiration for the policymakers, lawmakers, and scholars around the world.' Larissa Katz, Professor and Canada Research Chair in Private Law Theory, University of Toronto
‘Systems of property law differ, but as this book shows they differ not so much as one would think. This book offers a very impressive comparative overview of property law across the globe by coding legal systems. In doing so Chang offers deep insights into the general structure of property law and categories of approaches to problems.' Bram Akkermans, Professor of Property Law, Maastricht University
Product details
June 2023Hardback
9781009236591
400 pages
235 × 158 × 29 mm
0.79kg
Available
Table of Contents
- Introduction
- Part I. Foundation:
- 1. Property Law around the World: An Empirical Overview
- 2. Economic Framework
- 3. Limited Number of Limited Property Rights: Less is More
- 4. Transfer of Ownership: Transaction Cost v. Information Cost
- Part II. Immovable Property:
- 5. Acquisitive Prescription: Hardly Justified in Modern, Developed Countries
- 6. Building Encroachment: In Search of an Efficiency Justification
- 7. Co-ownership Partition: Proposing a New Auction-based Design
- 8. Managing Co-ownership: Tragedy of the Common-Ownership? 9. Access to Landlocked Land: Hybrid Entitlement Protection
- Part III. Movable Property:
- 10. Good-faith Purchaser: Proposing Fractional Ownership and Internal Auction
- 11. Finders, Keepers: A Minority Rule
- 12. The Specificatio Doctrine: Do What the Romans Did
- 13. The Accessio Doctrine: No Sign of Convergence.
