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Quasi-Property: Like, But Not Quite Property

37 Pages Posted: 2 Mar 2012 Last revised: 26 Jan 2013

Shyamkrishna Balganesh

University of Pennsylvania Law School

Date Written: June 2012

Abstract

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.

Keywords: Quasi-property, relational property, limited exclusion

JEL Classification: K11

Suggested Citation

Balganesh, Shyamkrishna, Quasi-Property: Like, But Not Quite Property (June 2012). 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. Available at SSRN: https://ssrn.com/abstract=2014497

Shyamkrishna Balganesh (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
215-573-7780 (Phone)

HOME PAGE: http://sbalganesh.law.upenn.edu

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