Quasi-Property: Like, But Not Quite Property
University of Pennsylvania Law School
University of Pennsylvania Law Review, Vol. 160, p. 1889, June 2012
U of Penn, Inst for Law & Econ Research Paper No. 12-12
U of Penn Law School, Public Law Research Paper No. 12-20
Quasi-property interests represent situations where the law seeks to simulate the idea of exclusion, commonly associated with property rights, through a relational liability regime. These interests focus on the nature and circumstances of the interaction in question, which are thought to merit a highly circumscribed form of exclusion. This Essay disaggregates the analytical and normative bases of quasi-property interests, examines the primary triggering events that cause courts to invoke the category, and responds to a few potential objections to the recognition of quasi-property as an independent category of interests in the law.
Number of Pages in PDF File: 37
Keywords: Quasi-property, relational property, limited exclusion
JEL Classification: K11
Date posted: March 2, 2012 ; Last revised: January 26, 2013
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