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Fragmented property rights and their risks on foreclosed housing: a qualitative comparative analysis based on judicial auctions in China

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  • Xingyu Qian

    (Chongqing University)

Abstract

During China’s transition towards land and housing marketization in the 1980s to 1990s, a series of legal and policy arrangements led to the separation of land ownership from land-use rights, followed by the separation of housing ownership from land-use rights. This has institutionally fragmented the housing property rights, allowing properties to be financialized as collaterals. Consequently, the fragmentation of housing property rights inflicts substantial risks on judicial auctions of foreclosed housing. As China’s real estate sector is grappling with a mounting debt crisis, it becomes imperative to enhance the efficiency of judicial auctions to address bank debts and stabilize the housing financial system. By employing the cs-QCA method with a dataset comprising 136 cases of foreclosed properties, this study reveals the critical role of various configurations of property-rights risks in determining the outcome of judicial auctions. Additionally, it identifies the importance of credible commitments offered by the courts in mitigating property-rights risks. The research expects to provide practical and theoretical insights for China’s courts and financial institutions to manage foreclosed properties effectively.

Suggested Citation

  • Xingyu Qian, 2024. "Fragmented property rights and their risks on foreclosed housing: a qualitative comparative analysis based on judicial auctions in China," Palgrave Communications, Palgrave Macmillan, vol. 11(1), pages 1-12, December.
    • Handle: RePEc:pal:palcom:v:11:y:2024:i:1:d:10.1057_s41599-024-03415-5
    DOI: 10.1057/s41599-024-03415-5
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    1. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    2. Kyle C. Longest & Stephen Vaisey, 2008. "fuzzy: A program for performing qualitative comparative analyses (QCA) in Stata," Stata Journal, StataCorp LP, vol. 8(1), pages 79-104, February.
    3. Tim Blackman, 2013. "Rethinking policy-related research: charting a path using qualitative comparative analysis and complexity theory," Contemporary Social Science, Taylor & Francis Journals, vol. 8(3), pages 333-345, November.
    4. Pappas, Ilias O. & Woodside, Arch G., 2021. "Fuzzy-set Qualitative Comparative Analysis (fsQCA): Guidelines for research practice in Information Systems and marketing," International Journal of Information Management, Elsevier, vol. 58(C).
    5. Alchian, Armen A. & Demsetz, Harold, 1973. "The Property Right Paradigm," The Journal of Economic History, Cambridge University Press, vol. 33(1), pages 16-27, March.
    6. Wagemann, Claudius & Buche, Jonas & Siewert, Markus B., 2016. "QCA and business research: Work in progress or a consolidated agenda?," Journal of Business Research, Elsevier, vol. 69(7), pages 2531-2540.
    7. Iris Claus & Les Oxley & Jie Chen & Xuehui Han, 2014. "The Evolution Of The Housing Market And Its Socioeconomic Impacts In The Post-Reform People'S Republic Of China: A Survey Of The Literature," Journal of Economic Surveys, Wiley Blackwell, vol. 28(4), pages 652-670, September.
    8. Hanqing Zhou & Yuan Yuan & Christopher Lako & Michael Sklarz & Charles McKinney, 2015. "Foreclosure Discount: Definition and Dynamic Patterns," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 43(3), pages 683-718, September.
    9. Terrence M. Clauretie & Nasser Daneshvary, 2009. "Estimating the House Foreclosure Discount Corrected for Spatial Price Interdependence and Endogeneity of Marketing Time," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 37(1), pages 43-67, March.
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