1st Edition

Economic Analysis of Property Law Cases

By Boudewijn R. A. Bouckaert Copyright 2020
    248 Pages 14 B/W Illustrations
    by Routledge

    246 Pages 14 B/W Illustrations
    by Routledge

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    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.

    List of Figures

    List of Tables



    Chapter 1. Definition and Extent of Property Rights

      1. Definition and extent of property rights in the economic theory of law
      2. Case Analyses

    Chapter 2: Common Property

      1. Common property in the economic theory of the law
      2. Case Analyses

    Chapter 3: Nuisance

      1. Nuisance in the economic theory of law
      2. Case analyses

    Chapter 4: Fragmentation of Property Rights. Easements

      1. Fragmentation of property rights and easements in the economic theory of law
      2. Case Analyses

    Chapter 5: Takings

      1. The Economic Theory of Takings
      2. Case Analyses

    Chapter 6: Verification of Property Rights: Possession and Registration

      1. The economic theory on verification of property rights
      2. Case Analyses



    Boudewijn R.A. Bouckaert is an emeritus professor at the Law School of Ghent University. He is a guest professor at the Erasmus University in Rotterdam, at the CEVRO-Institute in Prague and at the University of Torino.

    "This book surveys the case law on property from an economic perspective, with the goal of offering new insights into the resolution of actual legal disputes drawn from several countries. It will be of interest to law professors and students, practicing lawyers with an interest in economics, and economists with an interest in law." – Thomas J. Miceli, Professor of Economics, University of Connecticut, USA.

    "This book will be a welcome addition to those who teach law and economics and those of an interdisciplinary disposition. With its primary focus on cases and how Coasian/Post-Coasian economics might give new light to the issues that encapsulate these cases it makes classic economic concepts such as externalities come alive again as ideas to be taken out of the textbooks and experimented with as a practical tool to understand the human condition". — Daniel Blackshields, School of Economics and Teaching Fellow Reflective Practice, University College, Cork, Chair for Academic Standards, Cork University Business School.