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Economic Analysis of Property Law Cases


ISBN13: 9781032173115
Published: December 2021
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £38.99



Despatched in 5 to 7 days.

The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle.

Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases.

This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.

Contents:
List of Figures
List of Tables
Preface
Introduction
Chapter 1. Definition and Extent of Property Rights
Definition and extent of property rights in the economic theory of law
Case Analyses
Chapter 2: Common Property
Common property in the economic theory of the law
Case Analyses
Chapter 3: Nuisance
Nuisance in the economic theory of law
Case analyses
Chapter 4: Fragmentation of Property Rights. Easements
Fragmentation of property rights and easements in the economic theory of law
Case Analyses
Chapter 5: Takings
The Economic Theory of Takings
Case Analyses
Chapter 6: Verification of Property Rights: Possession and Registration
The economic theory on verification of property rights
Case Analyses
Index