Category Archives: Property

Merrill and Smith, ‘The Architecture of Property’

ABSTRACT Avoiding the reduction of property to a bundle or rights or to the working out of a single master principle, the architectural theory of property sees property as an integrated system or structure anchored in certain unifying principles. Because our world is neither chaotic nor additively simple, property law and institutions must achieve their […]

Albertina Antognini, ‘Nonmarital Coverture’

ABSTRACT How and why do courts distribute property between unmarried couples when they separate? This Article offers an answer: they follow the rules laid out by coverture. Coverture is a regime, long considered defunct, that defined the appropriate roles husbands and wives occupied in marriage. Among other consequences, it prevented the wife from accessing property […]

Janeček and Malgieri, ‘Commerce in Data and the Dynamically Limited Alienability Rule’

ABSTRACT Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the […]

Delacroix and Lawrence, ‘Bottom-up data Trusts: disturbing the ‘one size fits all’ approach to data governance’

INTRODUCTION … This article proceeds from an analysis of the very particular type of vulnerability concomitant with our ‘leaking’ data on a daily basis, to show that data ownership is both unlikely and inadequate as an answer to the problems at stake. We also argue that the current construction of top-down regulatory constraints on contractual […]

Bethencourt and Masferrer, ‘Developing the Civil Law of Incorporeal Things’

ABSTRACT This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance […]

‘Not a revolution in property investment’

“Following my last post about fractionalised land title on blockchain, I’ve been thinking through a number of additional unanswered questions about the proposal. Based on responses and discussions on Twitter, it seems clear that there is no use case for blockchain in this context even though it is possible to roll it out. Assuming it […]

‘Fractionalised land title a furphy?’

“The South Australian government has announced the launch of a new system of property investment to be rolled out in Adelaide’s two new residential towers. The system involves ‘fractionalising’ the property into ‘bricklets’ and establishing a market for the bricklets via blockchain technology. According to the press release bricklet owners will have their interest recorded […]

Hanoch Dagan, ‘Autonomy and Property’

ABSTRACT The main claim of this Essay, prepared for the Research Handbook on Private Law Theories, is that only grounding property in liberalism’s fundamental commitment to individual self-determination can secure its legitimacy. I do not deny that property systems assign private authority over resources in numerous different ways. But appreciating the heavy legitimacy burden which […]

Lau Jia Jun, Penner and Wong, ‘The Basics of Private and Public Data Trusts’

ABSTRACT The term ‘data trust’ has recently come into circulation to denote some kind of legal governance structure for the management of data, in particular digital databases, but there is much uncertainty and confusion about what a data trust is supposed to be, legally speaking. This paper examines the nature of data as a possible […]

Fitzpatrick, Compton and Foukona, ‘Property and the State or “The Folly of Torrens”: A Comparative Perspective’

ABSTRACT Australian lawyers often extol the virtues of the Torrens system as a means to secure property in land. Yet, the comparative evidence of benefits is mixed and context-dependent, particularly in terms of the nature, provenance and capacity of the state. This article analyses ways in which positivist land laws, including Torrens systems of title […]