This article explains the concepts applying to property transfer on death under the New Zealand Property (Relationships) Act 1976. The authors discuss the relevant provisions of the Act, along with the tensions underlying the Act, such as that between the desire of executors and administrators...

This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision in detail, and concludes that it reveals a disturbing level confusion...

Indigenous governments in Canada are increasingly authorized to adopt laws that convert communally held lands to individual fee simple. They will convert title to fee simple in order to obtain the economic benefits commonly associated with private ownership and its securitization. However,...

This Chapter, forthcoming in The Routledge Handbook on Property, Law and Society, the maps the intertwinement, mutual construction, and dependence of “property” and “race” with each other. The discussion examines three dimensions of property which demonstrate the socio-cultural,...

Do “cultural factors” substantively influence the creation and evolution of property institutions? For the past several decades, few legal scholars have answered affirmatively. Those inclined towards a law and economics methodology tend to see property institutions as the outcome of...

We provide a theory and empirical evidence indicating that the rotation of ruling elites in conjunction with elites ́asset ownership could improve property rights protection in non-democracies. The mechanism that upholds property rights is based on elites ́concern about the security of their...

The technology behind ridesharing enterprises is evolving at lightning pace, and because of that, the legal issues which arise when trying to fit these sharing enterprises into existing regulatory regimes can result in decisions that draw competing philosophies into focus. Police power hawks...

The results of 2012 clearly pointed to the fact that the classical set of problems specific to the Russian privatization – justification of the fair price for assets to be privatized, real motivation of the participants, determination of the criteria of selection of the buyer, ensuring of...

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something else? Why do secured creditors enjoy a priority right...