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Common law and civil law property appear to be quite different, with the former emphasizing pieces of ownership called estates and the latter focusing on holistic ownership. And yet the two systems are remarkably similar in their broad outlines, for functional reasons. This paper offers a...
Persistent link: https://www.econbiz.de/10013091450
Drawing on two hand-collected data sets of 10,466 state supreme court cases from 2019 and 7,354 state supreme court cases from 2003, this study examines patterns of citations to prior opinions of courts located in other states. We find robust evidence that state supreme courts preferentially...
Persistent link: https://www.econbiz.de/10013221364
The concept of possession in law has been a complicated one for hundreds of years, and many civil codes are complex in their own idiosyncratic ways. (Draft) Common Framework of Reference is no exception, and it even contains arguably one of the most complicated possession stipulations ever. This...
Persistent link: https://www.econbiz.de/10012997644
Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements...
Persistent link: https://www.econbiz.de/10014135144