IDEAS home Printed from https://ideas.repec.org/p/upf/upfgen/1429.html
   My bibliography  Save this paper

The titling role of possession

Author

Abstract

This chapter proposes two hypotheses on the publicity requirement and the limitations of possession to provide information for legal titling. It then tests these hypotheses by examining how legal systems deal with possession in movable and immovable property, and comparing actual and documentary possession. It concludes that exercise of possession is effective as a titling mechanism when it is observed by independent parties, thus providing publicity and verifiability of titling-relevant elements. However, given that possession is only effective to inform about a single in rem right, direct and automatic reliance on possession for titling requires that all other rights be diluted to in personam status or be burdened by the possessory in rem right. In any case, public knowledge of possession, either in its delivery and/or its exercise, is essential for possession to play a public titling function. Similarly, documentary possession is only effective as a public titling mechanism in the absence of multiple rights in rem.

Suggested Citation

  • Benito Arruñada, 2014. "The titling role of possession," Economics Working Papers 1429, Department of Economics and Business, Universitat Pompeu Fabra.
    • Handle: RePEc:upf:upfgen:1429
    as

    Download full text from publisher

    File URL: https://econ-papers.upf.edu/papers/1429.pdf
    File Function: Whole Paper
    Download Restriction: no
    ---><---

    Other versions of this item:

    References listed on IDEAS

    as
    1. North,Douglass C. & Wallis,John Joseph & Weingast,Barry R., 2009. "Violence and Social Orders," Cambridge Books, Cambridge University Press, number 9780521761734.
    2. Benito ArruÒada, 2003. "Property Enforcement as Organized Consent," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 19(2), pages 401-444, October.
    3. Victor Ginsburgh & Pierre-Michel Menger, 1996. "Economics of the arts: selected essays," ULB Institutional Repository 2013/1655, ULB -- Universite Libre de Bruxelles.
    4. Otto Steiger, 2006. "Property Economics versus New Institutional Economics: Alternative Foundations of How to Trigger Economic Development," Journal of Economic Issues, Taylor & Francis Journals, vol. 40(1), pages 183-208, March.
    5. Barak Medina, 2003. "Augmenting the Value of Ownership by Protecting It Only Partially: The "Market-Overt" Rule Revisited," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 19(2), pages 343-372, October.
    6. North,Douglass C. & Wallis,John Joseph & Weingast,Barry R., 2013. "Violence and Social Orders," Cambridge Books, Cambridge University Press, number 9781107646995.
    7. Anderson, Terry L & Hill, Peter J, 2002. "Cowboys and Contracts," The Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages 489-514, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Benito Arruñada, 2010. "Institutional support of the firm: A theory of business registries," Economics Working Papers 1195, Department of Economics and Business, Universitat Pompeu Fabra, revised Sep 2010.
    2. Benito Arruñada, 2009. "The law of impersonal transactions," Economics Working Papers 1187, Department of Economics and Business, Universitat Pompeu Fabra, revised Sep 2010.
    3. Benito Arruñada & Giorgio Zanarone & Nuno Garoupa, 2019. "Property Rights in Sequential Exchange," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 35(1), pages 127-153.
    4. Benito Arruñada, 2012. "Property as an economic concept: reconciling legal and economic conceptions of property rights in a Coasean framework," International Review of Economics, Springer;Happiness Economics and Interpersonal Relations (HEIRS), vol. 59(2), pages 121-144, July.
    5. Lee J. Alston & Edwyna Harris & Bernardo Mueller, 2009. "De Facto and De Jure Property Rights: Land Settlement and Land Conflict on the Australian, Brazilian and U.S. Frontiers," NBER Working Papers 15264, National Bureau of Economic Research, Inc.
    6. Arruñada, Benito, 2016. "How Rome enabled impersonal markets," Explorations in Economic History, Elsevier, vol. 61(C), pages 68-84.
    7. Andersson, Krister P. & Smith, Steven M. & Alston, Lee J. & Duchelle, Amy E. & Mwangi, Esther & Larson, Anne M. & de Sassi, Claudio & Sills, Erin O. & Sunderlin, William D. & Wong, Grace Y., 2018. "Wealth and the distribution of benefits from tropical forests: Implications for REDD+," Land Use Policy, Elsevier, vol. 72(C), pages 510-522.
    8. Indra de Soysa & Synøve Almås, 2019. "Does Ethnolinguistic Diversity Preclude Good Governance? A Comparative Study with Alternative Data, 1990‐2015," Kyklos, Wiley Blackwell, vol. 72(4), pages 604-636, November.
    9. Shiran Victoria Shen, 2021. "Integrating Political Science into Climate Modeling: An Example of Internalizing the Costs of Climate-Induced Violence in the Optimal Management of the Climate," Sustainability, MDPI, vol. 13(19), pages 1-24, September.
    10. Marianna Belloc & Francesco Drago & Roberto Galbiati, 2016. "Earthquakes, Religion, and Transition to Self-Government in ItalianCities," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 131(4), pages 1875-1926.
    11. Eric Hilt, 2014. "History of American Corporate Governance: Law, Institutions, and Politics," Annual Review of Financial Economics, Annual Reviews, vol. 6(1), pages 1-21, December.
    12. Uribe-Castro, Mateo, 2019. "Expropriation of church wealth and political conflict in 19th century Colombia," Explorations in Economic History, Elsevier, vol. 73(C), pages 1-1.
    13. Bramoullé, Yann & Goyal, Sanjeev, 2016. "Favoritism," Journal of Development Economics, Elsevier, vol. 122(C), pages 16-27.
    14. Busby, Joshua & Smith, Todd G. & Krishnan, Nisha & Wight, Charles & Vallejo-Gutierrez, Santiago, 2018. "In harm's way: Climate security vulnerability in Asia," World Development, Elsevier, vol. 112(C), pages 88-118.
    15. Pamfili Antipa & Vincent Bignon, 2018. "Whither Economic History? Between Narratives and Quantification," Revue de l'OFCE, Presses de Sciences-Po, vol. 0(3), pages 17-36.
    16. World Bank, 2015. "Republic of Yemen," World Bank Publications - Reports 23660, The World Bank Group.
    17. Johnson, Noel D. & Koyama, Mark, 2017. "Jewish communities and city growth in preindustrial Europe," Journal of Development Economics, Elsevier, vol. 127(C), pages 339-354.
    18. Andrianova, Svetlana & Demetriades, Panicos & Xu, Chenggang, 2011. "Political Economy Origins of Financial Markets in Europe and Asia," World Development, Elsevier, vol. 39(5), pages 686-699, May.
    19. Richard Langlois, 2013. "The Institutional Revolution: A review essay," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 26(4), pages 383-395, December.
    20. Wegner, Gerhard, 2013. "Capitalist transformation without political participation: German capitalism in the first half of the 19th century," Freiburg Discussion Papers on Constitutional Economics 13/14, Walter Eucken Institut e.V..

    More about this item

    Keywords

    property rights; enforcement; transaction costs; registries.;
    All these keywords.

    JEL classification:

    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • G38 - Financial Economics - - Corporate Finance and Governance - - - Government Policy and Regulation
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • L85 - Industrial Organization - - Industry Studies: Services - - - Real Estate Services
    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:upf:upfgen:1429. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: http://www.econ.upf.edu/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.