This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the...

We present a conceptual framework to better understand the interaction between settlement and the emergence of de facto property rights on frontiers prior to governments establishing and enforcing de jure property rights. In this framework, potential rents associated with more exclusivity drives...

In this contribution an overview is given of, what might be called, the ‘matrix’ of European property law. This matrix (the “classical model” of property law) consists of two layers. The first layer encompasses the leading principles and ground rules of property law. The second layer...

Throughout western Europe, beginning about 1200, leasing of lords' estates became more common relative to direct management. In England, however, direct management increased beginning around the same time and until the fourteenth century, and leasing increased thereafter. This article models...

This paper contrasts the determinants of entrepreneurial entry and high-growth aspiration entrepreneurship. Using the Global Entrepreneurship Monitor (GEM) surveys for 42 countries over the period 1998-2005, we analyse how institutional environment and entrepreneurial characteristics affect...

This paper contrasts the determinants of entrepreneurial entry and high-growth aspiration entrepreneurship. Using the Global Entrepreneurship Monitor (GEM) surveys for 42 countries over the period 1998-2005, we analyse how institutional environment and entrepreneurial characteristics affect...

This paper examines the formation of property rights in Qing China and Tokugawa Japan with a focus on rice market development. Both nations’ citizens eat rice and rulers in both nations view rice as one of the nation’s most significant strategic resources. However, by the end of 18th...

The disjuncture between public and customary law regulating property rights is a problem for capital formation and poverty alleviation across Africa. In Kenya, government efforts to establish clearly defined property rights and adjudication mechanisms have been plagued by the existence of...

This paper discusses a series of ECJ judgments on national mortgage enforcement proceedings in light of the Directive on Unfair Terms in Consumer Contracts. According to the Court, national courts must be able to provide interim measures suspending mortgage enforcement proceedings, thereby...

In Japan's civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or title-transfer security interest, that is created by conveying legal title to the creditor, with a promise to restore it to the debtor upon repayment. Although best known today as a...