Category Archives: Property

Natalie Pratt, ‘Community Property Claims In The Personhood Perspective’

Abstract Under the property and personhood theory the projection by individuals of their personhood into the physical world gives rise to property claims over tangible objects and natural resources. However, the property and personhood theory is generally used as a justification for private property, and it is not clear whether a community personhood can be […]

Thomas Simmons, ‘A Will for Willa Cather’

Abstract Artists hold their creative works dear: whether paintings, poems, or songs, their human creators treat them with special care and often desire that same care be exercised after death. Directing particular uses of property from the grave can be met with several objections. The objections sound in alarmist responses to ‘dead hand control’ and […]

Eric Chason, ‘How Bitcoin Functions as Property Law’

Abstract Bitcoin replicates many of the formal aspects of real estate transactions. Bitcoin transactions have features that closely resemble grantor names, grantee names, legal descriptions, and signatures found in real property deeds. While these “Bitcoin deeds” may be interesting, they are not profound. Bitcoin goes beyond creating simple digital deeds, however, and replicates important institutional […]

‘Giving and Including for Happiness’

David Fagundes, Why Less Property is More: Inclusion, Dispossession, and Subjective Well-Being, 103 Iowa Law Review 1361 (2018). Money can’t buy happiness, so the saying goes. But, does giving away property bring happiness? That is the proposition considered by Professor Dave Fagundes, in his new article ‘Why Less Property is More: Inclusion, Dispossession, and Subjective […]

Carmine Guerriero, ‘Property Rights, Transaction Costs, and the Limits of the Market’

Abstract Although property rights and transaction costs are key, their determinants and interaction are poorly understood. Within trade interactions, a rise in transaction costs has the welfare-decreasing marginal effect of pushing some high-valuation potential buyers to expropriate the original owners’ property and the infra-marginal effect of decreasing the social gains from the transfers that continue […]

Call for Papers: Modern Studies in the Law of Trusts and Wealth Management: Supreme Court, Singapore, 1-2 August 2019

The theme of the conference is ‘Asian Wealth and the Global Context’. Like its predecessors, the conference will focus on current developments and challenges facing trust law and wealth management in the contemporary political climate, with particular emphasis on the issues raised by the growth of Asian wealth, and the global context in which that […]

Just Published: Conceptualising Property Law: Integrating Common Law and Civil Law Traditions by Yaell Emerich

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaell Emerich aims to dispel the myth that comparison between these two systems of property is impossible. […]

Agnew and Douglas, ‘Self-declarations of trust’

Introduction … The focus of this article is on the latter method of constitution, typically called a ‘self-declaration’ of trust. In such cases the settlor does not convey legal title to trust property to a third party, but ‘declares’ that they themselves hold it for the beneficiary. The leading case is Paul v Constance, where […]

Tatiana Cutts, ‘Dummy asset tracing’

Introduction … I argue here that efforts to subsume bank payments within an homogenous law of tracing have been misguided: a bank transfer does not involve a rights-substitution of the kind envisaged by exchange product tracing. Rather, the process that we have called ‘tracing money’ through a bank transfer involves two steps: (i) converting bank […]

‘Savagery, civilization, and property II: Civilization and its discontents’

“The second half of the eighteenth century saw the development, primarily in Scotland (though with significant French and other precedents), of what would come to be known as ‘stadial theory’ or ‘four-stages theory’. This group of theories built on an age-old interest in the origins of society and its institutions, sharpened by contact with New […]