Concept, function and design of property rights

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Chapter 18 in The Economic Analysis of Civil Law, 2022, pp 486-506 from Edward Elgar Publishing

Abstract: The economic concept of property rights - if interpreted as absolute rights against everyone- refers to the allocation of competencies in the use of resources. This refers to the the use (usus), the retention of income (usus fructus), the change of form and substance (abusus), the transfer of these rights The concept of property rights is not the same as private property. It also includes common property, free access, state property, collateral property, patents or copyrights, condominium property, commendam, servitude, right of way, hunting rights, fishing rights and, in general, all legal forms that regulate the distribution of competences in the use of resources. This chapter analyses forms and economic consequences of such absolute rights.

Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2022
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