Introduction to 'Law and Economics of Possession'

Law and Economics of Possession, edited by Yun-chien Chang, Cambridge University Press, 2015.

10 Pages Posted: 25 Jun 2015 Last revised: 5 Jul 2015

See all articles by Yun-chien Chang

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS); New York University School of Law

Date Written: June 11, 2015

Abstract

Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy, Austria.

Keywords: indirect possession, agents in possession, adverse possession, first possession, animus domini, economy of concept

Suggested Citation

Chang, Yun-chien, Introduction to 'Law and Economics of Possession' (June 11, 2015). Law and Economics of Possession, edited by Yun-chien Chang, Cambridge University Press, 2015.. Available at SSRN: https://ssrn.com/abstract=2617181

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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