Description
Book SynopsisThis timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.
Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.
An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.
Trade Review‘Where is property headed, as a concept and an institution? The Changing Role of Property Law offers a wealth of illuminating perspectives on property’s trajectory, from historical evolutions to new innovations. This fascinating book reveals the complex dynamism at the heart of a field often typecast as inertial.’ -- Lee Fennell, University of Chicago Law School, US
Table of ContentsContents: The changing role of property rights: an introduction 1 Ernst Nordtveit 1 The plasticity of property: legal transitions between property rights regimes for different resources 14 Richard A. Epstein 2 The persistence of colonial property rights to land, economic implications and institutional efficiency 54 Eric C. Edwards, Martin Fiszbein and Gary D. Libecap 3 The role of innovation in the globalization of property law 81 Amnon Lehavi 4 Mediated property: money, corporate shares, and property analogues 103 Erich Schanze 5 Because property became contract: understanding the American nonprobate revolution 115 John H. Langbein 6 Digital ownership of blockchain tokens: a comparative law guideline 130 Sebastian Omlor 7 Intellectual property and the concept of property rights 149 Ole-Andreas Rognstad 8 Intellectual property rights and democracy 161 Eva Inés Obergfell and Katharina Theresia Fink 9 Property in families and the inheritance context 186 Anatol Dutta 10 The organization of public registries: a comparative analysis 199 Benito Arruñada 11 (De-)constructing mortgages: reflections on accessoriness, properties of good mortgages and the development of new mortgage legislation for transition economies or even a future Euro-mortgage (‘Eurohypothec’) 221 Hans Fredrik Marthinussen 12 Ancillary rights: servitudes 263 Roderick RM Paisley 13 Public property, economic efficiency and fair competition: a French and EU law paradoxical perspective 281 Bertrand du Marais Index
