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Persistent link: https://www.econbiz.de/10008662872
Property theory is thriving. Having been long dominated by a disintegrative approach building up on the bundle of rights concept, scholars are now reexamining essentialist models of property, with the right to exclude featuring prominently as property's prospective core. These theories study...
Persistent link: https://www.econbiz.de/10013104349
The study of property is thriving. Having been long dominated by a disintegrative approach building on the bundle of rights concept, property scholarship is reintroducing essentialist models, with the right to exclude featuring prominently as property's core. While the new essentialism school...
Persistent link: https://www.econbiz.de/10013084460
Takings jurisprudence is engaged in a constant paradox. It is conventionally portrayed as chaotic and muddy, and yet attempts by the judiciary to create some sense of order in it by delineating the field into distinctive categories that each have a different set of rules are often criticized as...
Persistent link: https://www.econbiz.de/10013150475
Digital technology can open new frontiers in the formation, registration, and enforcement of property rights in land. This chapter explores the prospects - but also the limits - of digital technology in streamlining efficient land use and land markets. In particular, it asks whether the digital...
Persistent link: https://www.econbiz.de/10012844550
This Article breaks new ground toward contractual and institutional innovation in models of homeownership, equity building, and mortgage enforcement. Inspired by recent developments in the affordable housing sector and in other types of public financing schemes, we suggest extending...
Persistent link: https://www.econbiz.de/10012940637
The chief goal of private law is to guide and facilitate interpersonal conduct. In fields such as contracts, property, and corporate governance, lawmakers have an essential normative role of envisioning ideal types of collective action and designing legal and organizational mechanisms that will...
Persistent link: https://www.econbiz.de/10012969928
The centennial of the 1916 New York City Ordinance and creation of zoning in the United States provides an exceptional opportunity to reconsider the regulatory and legal basis upon which the key governmental power of zoning is founded. The motive to control the various market externalities...
Persistent link: https://www.econbiz.de/10012970271
Condominium law reforms are taking place at a growing pace around the world. Such reforms raise particular challenges in transitional economies, in which the need to create the legal infrastructure for multiunit, homeownership-based housing follows complex processes of urbanisation and a...
Persistent link: https://www.econbiz.de/10012970491
The landscape of supranational institutions is highly diverse, defying a single concept of globalization. Some cross-border mechanisms aim at coordination, which would streamline the movement of capital, goods, services, and persons, but could leave intact a substantial layer of local legal...
Persistent link: https://www.econbiz.de/10012972793