Abstract

http://ssrn.com/abstract=2177457
 
 

Footnotes (115)



 


 



Obligations as Property


John Tarrant


University of Western Australia - Faculty of Law

November 18, 2012

University of New South Wales Law Journal, Vol. 34, No. 2, 2011
UWA Faculty of Law Research Paper No. 2012-15

Abstract:     
A widely asserted proposition is that all property rights are rights in rem and that rights in personam, such as debts and bank accounts, are not property rights. The proposition was advocated by John Austin based on his interpretation of Roman law. The obvious difficulty with the proposition is that it is irreconcilable with the case law because a number of cases from ultimate appellant courts confirm that debts are property rights. The author examines relevant case law and interpretations of Roman law to argue that the proposition that all property rights are rights in rem is based on a misunderstanding of Roman law. The author concludes that the assertion should be rejected as erroneous. Debts in the form of money obligations owed by one person to another are indeed property rights.

Number of Pages in PDF File: 20

Keywords: property rights, Roman Law, in rem, debts

working papers series


Download This Paper

Date posted: November 19, 2012 ; Last revised: November 26, 2012

Suggested Citation

Tarrant, John, Obligations as Property (November 18, 2012). University of New South Wales Law Journal, Vol. 34, No. 2, 2011; UWA Faculty of Law Research Paper No. 2012-15. Available at SSRN: http://ssrn.com/abstract=2177457 or http://dx.doi.org/10.2139/ssrn.2177457

Contact Information

John Tarrant (Contact Author)
University of Western Australia - Faculty of Law ( email )
M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Feedback to SSRN


Paper statistics
Abstract Views: 286
Downloads: 87
Download Rank: 170,561
Footnotes:  115
People who downloaded this paper also downloaded:
1. What is Freedom for?
By Leslie Green

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.328 seconds