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Registries

Universitat Pompeu Fabra, Economics and Business Working Paper Series 1456

30 Pages Posted: 11 Dec 2014  

Benito Arruñada

Pompeu Fabra University

Date Written: December 9, 2014

Abstract

Governments and international development agencies often fail in their efforts to build and reform property and company registries. They implement misguided policies rooted in a poor understanding of the role that registries play in the modern economy. This work aims to remedy this situation by first presenting a theory of registries as market-enabling institutions which, by making private contracts verifiable by judges, enable truly impersonal (i.e., asset-based, in rem) trade without endangering property enforcement. The theory is then applied to discuss and guide major policy decisions that reformers face in the areas of land titling and business formalization, emphasizing the principle of registry independence, identifying courts as the key users of registries, clarifying the main choices of titling and formalization projects, and pointing out the presence of diseconomies of scope between contractual and administrative registries.

Keywords: property rights, land policy, land titling, registries, transaction costs, foreclosure crisis, business formalization, impersonal exchange

JEL Classification: D23, K11, K12, L85, G38, H41, O17, P48

Suggested Citation

Arruñada, Benito, Registries (December 9, 2014). Universitat Pompeu Fabra, Economics and Business Working Paper Series 1456. Available at SSRN: https://ssrn.com/abstract=2535958 or http://dx.doi.org/10.2139/ssrn.2535958

Benito Arruñada (Contact Author)

Pompeu Fabra University ( email )

Ramon Trias Fargas 25-27
Department of Economics and Business
Barcelona, 08005
Spain
+34 93 542 25 72 (Phone)
+34 93 542 17 46 (Fax)

HOME PAGE: http://www.econ.upf.edu/~arrunada

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