Abstract

http://ssrn.com/abstract=409380
 
 

Citations (1)



 
 

Footnotes (110)



 


 



Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes


Ben Depoorter


University of California Hastings College of Law; Ghent University - Center for Advanced Studies in Law & Economics

Francesco Parisi


University of Minnesota - Law School; University of Bologna


Global Jurist Frontiers, Vol. 3, No. 1, March 25, 2003
George Mason Law & Economics Research Paper No. 03-24
Yale Law & Economics Research Paper No. 284

Abstract:     
This Article argues that recent developments in economic theory provide a new rationale for the dichotomous approach of land use arrangements in the law of servitudes that is almost universal in the modern Western legal tradition. The treatment of certain land-related promises as enforceable contracts between parties, rather than real rights that run with the land in perpetuity, can be explained as an attempt to minimize the transaction and strategic costs resulting from dysfunctional property arrangements. As demonstrated by the Authors, benchmark doctrines such as touch and concern, and the civil law principles of prediality and numerus clausus, have served as instruments to limit excessive or dysfunctional fragmentation of property rights. Section I of this Article describes the dichotomous approach of land use arrangements in the law of servitudes in Common Law and Civil Law systems. Section II provides a functional explanation of the legal rules in this area. Section III documents and explains the changing approach to land use law in both Common Law and Civil Law jurisdictions. Section IV discusses the role of property law in a changing economy. Section V reflects on the appropriate scope of freedom of contract in the law of servitudes. Section VI concludes.

Number of Pages in PDF File: 44

Keywords: property law, servitudes, fragmentation, anticommons

JEL Classification: K10, K11, K19, D62, D70

Accepted Paper Series





Download This Paper

Date posted: May 22, 2003  

Suggested Citation

Depoorter, Ben and Parisi, Francesco, Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes. Global Jurist Frontiers, Vol. 3, No. 1, March 25, 2003; George Mason Law & Economics Research Paper No. 03-24; Yale Law & Economics Research Paper No. 284. Available at SSRN: http://ssrn.com/abstract=409380 or http://dx.doi.org/10.2139/ssrn.409380

Contact Information

Ben Depoorter (Contact Author)
University of California Hastings College of Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States

Ghent University - Center for Advanced Studies in Law & Economics ( email )
Ghent Univ. Law School
Universiteitstraat 4
Gent, 9000
Belgium
Francesco Parisi
University of Minnesota - Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
University of Bologna ( email )
Piazza Scaravilli 1
40126 Bologna, fc 47100
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 3,274
Downloads: 546
Download Rank: 27,914
Citations:  1
Footnotes:  110

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds