Economy

Download Civil Law and Economics (Encyclopedia of Law and Economics , by Gerrit De Geest PDF

By Gerrit De Geest

This article is quantity II of a five-volume reference paintings that surveys the total literature on legislation and economics. The entries encompass components: a evaluation of the literature through an expert within the box and a bibliography which covers many of the released fabric within the specific region.

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Bibliography on Adverse Possession - Title Systems (1200) Anderson, Terry L. and Lueck, Dean (1992), ‘Land Tenure and Agricultural Productivity on Indian Reservations’, 35 Journal of Law and Economics, 427-454. Baird, Douglas G. (1983), ‘Notice Filing and the Problem of Ostensible Ownership’, 12 Journal of Legal Studies, 53-67. Baird, Douglas G. and Jackson, Thomas H. (1984), ‘Information, Uncertainty, and the Transfer of Property’, 13 Journal of Legal Studies, 299-320. Bouckaert, B. and De Geest, G.

Historically, common-law courts have allowed landlords to impose restrictions on the alienability of leaseholds. By inserting the necessary terms in a lease, landlords could retain to themselves the legal power to prevent alienation without their consent. Courts upheld these 1300 Decomposition of Property Rights 37 clauses without concern for whether the landlord withheld consent unreasonably or arbitrarily. Recently, it has appeared to observers that some American courts will no longer let landlords prevent alienation by tenants.

If rents are controlled, demand will exceed supply and a shortage will develop, housing search costs will increase for tenants, and landlords will discriminate more. Schwallie (1990) argues that, because investors are risk averse, increased uncertainties caused by law reform will reduce the attractiveness of the return from rental housing. In a neighborhood with declining values, the application of housing quality minima may hasten the withdrawal of units from the market and increase discrimination against riskier tenants.

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