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Property enforcement as organized consent

Author

Abstract
This article develops and tests a theory of the institutions that make property rights viable, ensuring their enforcement, mobilizing the collateral value of assets and promoting growth. In contrast to contractual rights, property rights are enforced in rem, being affected only with the consent of the right holder. This ensures enforcement but is costly when multiple, potentially colliding rights are held in the same asset. Different institutions reduce the cost of gathering consents to overcome this trade-off of enforcement benefits for consent costs: recording of deeds with title insurance, registration of rights and even a regimen of purely private transactions. All three provide functionally similar services, but their relative performance varies with the number of transactions, the risk of political opportunism and regulatory consistency. The analysis also shows the rationality of allowing competition in the preparation and support of private contracts while requiring territorial monopoly in recording and registration activities, this to ensure independence and protect third parties.

Suggested Citation

  • Benito Arruñada, 2001. "Property enforcement as organized consent," Economics Working Papers 564, Department of Economics and Business, Universitat Pompeu Fabra.
    • Handle: RePEc:upf:upfgen:564
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    References listed on IDEAS

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    Full references (including those not matched with items on IDEAS)

    Citations

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    Cited by:

    1. Benito Arruñada, 2016. "Coase and the departure from property," Chapters, in: Claude Ménard & Elodie Bertrand (ed.), The Elgar Companion to Ronald H. Coase, chapter 22, pages 305-319, Edward Elgar Publishing.
    2. Benito Arruñada, 2020. "The organization of public registries: A comparative analysis," Economics Working Papers 1695, Department of Economics and Business, Universitat Pompeu Fabra, revised Sep 2021.
    3. Benito Arruñada, 2023. "The Roman Familia: A view from the economics of property," Economics Working Papers 1869, Department of Economics and Business, Universitat Pompeu Fabra.
    4. Galiani, Sebastian & Schargrodsky, Ernesto, 2010. "Property rights for the poor: Effects of land titling," Journal of Public Economics, Elsevier, vol. 94(9-10), pages 700-729, October.
    5. Rossi, Enrico, 2020. "Reconsidering the dual nature of property rights: personal property and capital in the law and economics of property rights," LSE Research Online Documents on Economics 105840, London School of Economics and Political Science, LSE Library.
    6. Fatema, Naureen, 2019. "Can land title reduce low-intensity interhousehold conflict incidences and associated damages in eastern DRC?," World Development, Elsevier, vol. 123(C), pages 1-1.
    7. Benito Arruñada, 2011. "Mandatory accounting disclosure by small private companies," European Journal of Law and Economics, Springer, vol. 32(3), pages 377-413, December.
    8. Benito Arruñada, 2015. "The institutions of Roman markets," Economics Working Papers 1471, Department of Economics and Business, Universitat Pompeu Fabra, revised Nov 2019.
    9. Benito Arruñada, 2009. "The law of impersonal transactions," Economics Working Papers 1187, Department of Economics and Business, Universitat Pompeu Fabra, revised Sep 2010.
    10. Benito Arruñada, 2014. "The Titling Role of Possession," Working Papers 767, Barcelona School of Economics.
    11. Arrunada, Benito, 2007. "Pitfalls to avoid when measuring institutions: Is Doing Business damaging business?," Journal of Comparative Economics, Elsevier, vol. 35(4), pages 729-747, December.
    12. Arruñada, Benito, 2016. "How Rome enabled impersonal markets," Explorations in Economic History, Elsevier, vol. 61(C), pages 68-84.
    13. Arruñada, Benito & Hansen, Stephen, 2015. "Organizing public good provision: Lessons from Managerial Accounting," International Review of Law and Economics, Elsevier, vol. 42(C), pages 185-191.
    14. Benito Arruñada, 2005. "Managing competition in professional services and the burden of inertia," Economics Working Papers 827, Department of Economics and Business, Universitat Pompeu Fabra.

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    More about this item

    Keywords

    Transaction costs; property rights; real estate; land titles; recording; registration;
    All these keywords.

    JEL classification:

    • 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

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