Category Archives: Property

Alix Rogers, ‘Unearthing the Origins of Quasi-Property Status’

ABSTRACT Under contemporary American law human corpses and some bodily parts are classified as quasi-property. Quasi-property is an American legal conception composed of limited interests that mimic some of the functions of property, but does not formally qualify as property. It is a uniquely American, idiosyncratic and misunderstood legal category. Quasi-property status is most typically […]

David Owens, ‘Property and Authority’

ABSTRACT It is widely believed that personal property rights are to be justified by reference to the interest potential owners have in controlling things that matter to them. The first part of the paper develops one form of this view, highlighting its several theoretical merits. I then raise two problems for the control interest hypothesis […]

Ting Xu, ‘A law-and-community approach to compensation for takings of property under the European Convention on Human Rights’

ABSTRACT Studies of takings of property highlight the increasing penetration of state power into private life. Controversies regularly surround compensation provisions. Many academic analyses and decisions of the European Court of Human Rights have supported the proposition that market value offers the best approximation of just compensation. However, full market value compensation may not be […]

Paul Babie, ‘Property In The Empirical World’

Review of Property Theory: Legal and Political Perspectives (James Penner and Michael Otsuka (eds), Cambridge University Press, 2018, ISBN 978-11-08500-04-3). Property theory seeks to answer two related questions: first, what is property and, second, assuming its invocation by a polity, can it be justified? Put simply, the former involves a consideration of the normative content […]

Crettez and Deloche, ‘A Law-and-Economics Perspective on Cost-Sharing Rules for a Condo Elevator’

ABSTRACT How to enhance the maintenance, repair and improvement of condo buildings? We address this issue by focusing on the case of an elevator installation whose benefits are not uniform across units. We examine the link between majority approval and cost sharing. Relying on a cooperative game theory approach, we prove the coalitional stability of […]

Mala Chatterjee, ‘Lockean Copyright vs Lockean Property’

ABSTRACT John Locke’s labor theory of property remains the most persistent and well-known of property theories; but it has also been repeatedly and compellingly challenged by philosophers as implausible for hundreds of years. Nonetheless, in recent decades, a number of legal scholars have sought to connect Lockean theory to the question of what justifies intellectual […]

‘Sham Agreements or Documents: The Test Revisited’

“The High Court has handed down its judgment in Broxfield Limited v Sheffield City Council [2019] EWHC 1946 (Admin) and has made some important observations regarding the standard of proof for establishing a ‘sham’ …” (more) [Rowena Meager’s Property Law Blog, 25 July]

Dubravka Klasiček, ‘21st Century Wills’

ABSTRACT Wills are formal legal affairs that must satisfy strict prerequisites in order to be valid. Otherwise, they will be either automatically null or voidable. The rules pertaining to the form of wills have always been strict and have required wills to be made in a certain way. It is said that the amplified formalism […]

Adam Reilly, ‘Is the “Mere Equity” to Rescind a Legal Power? Unpacking Hohfeld’s Concept of “Volitional Control”’

ABSTRACT Private lawyers owe a particular debt of gratitude to Hohfeld, given their widespread use of his scheme. An example is equitable rescission, where the entitlement to rescind a voidable transfer is now widely understood to be a Hohfeldian legal power. Yet, though scholars have been quick to use Hohfeld’s concept of legal power, they […]

Robert Anderson, ‘A Property Theory of Corporate Law’

ABSTRACT … This Article argues that property law provides the missing piece of the contractarian puzzle in demarcating the boundaries of corporate law and explaining the distinctive features of corporate law. In this conception, the corporation is an ownership structure – a device for turning a messy set of property, contractual, and other in personam […]