The Owner's Interest in Only Partial Protection of Her Rights Toward Third Parties: The 'Market-Overt' Rule Revisited

41 Pages Posted: 7 Sep 2001

See all articles by Barak Medina

Barak Medina

Hebrew University of Jerusalem - Faculty of Law

Date Written: August 15, 2001

Abstract

The paper analyzes alternative rules for settling conflicts between right owner and a bona-fide purchaser. The optimal rule, so it is argued, is the one that maximizes the expected value of the ownership right, given the risk of right-violation. The owner seeks to both mitigate the risk of right-violation and augment potential buyers' willingness-to-pay for the right. The analysis challenges two intuitive prevailing notions regarding the "Market Overt" rule and specifies the terms in which this rule, which favors the good-faith buyer, maximizes the expected value of the ownership right.

Keywords: Good Faith purchaser, Market Overt rule, title dispute

JEL Classification: K0, K11

Suggested Citation

Medina, Barak, The Owner's Interest in Only Partial Protection of Her Rights Toward Third Parties: The 'Market-Overt' Rule Revisited (August 15, 2001). Available at SSRN: https://ssrn.com/abstract=280069 or http://dx.doi.org/10.2139/ssrn.280069

Barak Medina (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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