The Changing Role of Property Law

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The Changing Role of Property Law

Rights, Values and Concepts

9781839100642 Edward Elgar Publishing
Edited by Ernst Nordtveit, Professor, Faculty of Law, University of Bergen, Norway
Publication Date: 2023 ISBN: 978 1 83910 064 2 Extent: 320 pp
This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.

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This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.

Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.

An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.
Contributors
Contributors: Benito Arruñada, Bertrand du Marais, Anatol Dutta, Eric C. Edwards, Richard A. Epstein, Katharina Theresia Fink, Martin Fiszbein, John H. Langbein, Amnon Lehavi, Gary D. Libecap, Hans Fredrik Marthinussen, Ernst Nordtveit, Eva Inés Obergfell, Sebastian Omlor, Roderick R.M. Paisley, Ole-Andreas Rognstad, Erich Schanze
Contents
Contents:

The changing role of property rights: an introduction 1
Ernst Nordtveit
1 The plasticity of property: legal transitions between
property rights regimes for different resources 14
Richard A. Epstein
2 The persistence of colonial property rights to land,
economic implications and institutional efficiency 54
Eric C. Edwards, Martin Fiszbein and Gary D. Libecap
3 The role of innovation in the globalization of property law 81
Amnon Lehavi
4 Mediated property: money, corporate shares, and property
analogues 103
Erich Schanze
5 Because property became contract: understanding the
American nonprobate revolution 115
John H. Langbein
6 Digital ownership of blockchain tokens: a comparative
law guideline 130
Sebastian Omlor
7 Intellectual property and the concept of property rights 149
Ole-Andreas Rognstad
8 Intellectual property rights and democracy 161
Eva Inés Obergfell and Katharina Theresia Fink
9 Property in families and the inheritance context 186
Anatol Dutta
10 The organization of public registries: a comparative analysis 199
Benito Arruñada
11 (De-)constructing mortgages: reflections on accessoriness,
properties of good mortgages and the development of
new mortgage legislation for transition economies or even
a future Euro-mortgage (‘Eurohypothec’) 221
Hans Fredrik Marthinussen
12 Ancillary rights: servitudes 263
Roderick RM Paisley
13 Public property, economic efficiency and fair competition:
a French and EU law paradoxical perspective 281
Bertrand du Marais

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