‘The Sticks in the Chinese Property Rights Bundle’

Shitong Qiao, The Evolution of Chinese Property Law: Stick by Stick?, in Private Law in China and Taiwan: Legal and Economic Analyses (Yun-chien Chang et al eds, Cambridge University Press, forthcoming 2017), available at SSRN. There is ongoing disagreement among Western scholars as to whether property rights are in personam or in rem rights, and scholars’ views have evolved over time. Blackstone emphasized dominion and exclusion. Scholars in the twentieth century shifted the focus to the ‘bundle of rights’. More recently, some property law scholars have emphasized the view that property is a ‘law of things’ … (more)

[Gregory M Stein, JOTWELL, 15 June]

First posted 2017-06-16 06:41:49

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