文档介绍：ISSN 1045-6333

HARVARD
JOHN M. OLIN CENTER FOR LAW, ECONOMICS, AND BUSINESS

ECONOMIC ANALYSIS
OF PROPERTY LAW

Steven Shavell

Discussion Paper No. 399

12/2002

Harvard Law School
Cambridge, MA 02138

This paper can be downloaded without charge from:

The Harvard John M. Olin Discussion Paper Series:
.edu/programs/olin_center/

The Social Science work Electronic Paper Collection:
http://papers./abstract_id=370029
JEL Classifications: H4, K2, K11, L5

ECONOMIC ANALYSIS OF PROPERTY LAW

Steven Shavell*

Abstract

This part deals with the basic elements of property law. I begin in chapter 7 by examining
the fundamental question of what justifies the social institution of property, that is, the
rationale for the rights that constitute what monly call ownership. I also discuss
examples of the emergence of property rights.
Then I consider a number of important issues about property rights. In chapter 8, I
inquire about the division of property rights (property rights may be divided
contemporaneously, over time, and according to contingency). In chapter 9, I study a
variety of issues about the acquisition and transfer of property, including the discovery of
unowned or lost property, registration systems for transfer of property, and the transfer of
property at death. In chapter 10, I investigate “externalities” and property -- problems
concerning cooperation and conflict in the use of property, together with the resolution of
such problems through bargaining and legal rules. In chapter 11, I discuss public
property; here I address the question of why the state should own property, and also the
manner of state acquisition of property through purchase or by the exercise of powers of
eminent domain.
Finally, in chapter 12, I analyze the special topic of intellectual property.