- Elgar original reference
Edited by Jürgen G. Backhaus
Chapter 15: Property
15 Property Thomas J. Miceli Introduction The concept of property is fundamental to both law and economics. The law deﬁnes and protects the bundle of rights that constitute property, thereby creating the legal framework within which resource allocation and wealth distribution take place. The economic approach to property law emphasizes its role in promoting an efﬁcient allocation of resources. Accomplishing this goal generally involves creation and protection of individual rights in property so as to encourage exchange and investment, though, in some cases, transaction costs, scale effects, or other factors may favour third-party or collective control of property rights. The purpose of this entry is to show how legal rules deﬁne and protect the efﬁcient property rights regime. The discussion begins with the fundamental problem of assigning property rights. It then turns to an examination of legal rules governing transfers (voluntary exchange) and violations (involuntary exchange) of property rights. The theme is that these rules are designed to minimize the impact of transaction costs and uncertainties about ownership. The ﬁnal topic concerns the optimal scale of ownership: when is efﬁciency served by individual ownership and when by common or collective ownership? The principal tradeoff is between the incentives of private ownership and the scale economies of common ownership. Origin and assignment of property rights In a seminal article on the emergence and function of property rights, Demsetz (1967) pointed out the fundamental link between property rights and externalities. Externalities are deﬁned to be costs...
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