International Comparative Property Rights: A Cross-Cultural Discipline Comes of Age

43 Pages Posted: 7 Oct 2011 Last revised: 23 Jul 2013

See all articles by Patricia Salkin

Patricia Salkin

Touro University - Jacob D. Fuchsberg Law Center

Daniel Gross

Governmentlaw Center

Date Written: October 1, 2011

Abstract

This article provides an overview of the differences and similarities among a select group of nations through an examination of their real property protection regimes. The countries selected – South Africa, India, Chile, Singapore and Ghana – were chosen to illustrate how geographical, social, and economic diversity all contribute to different property rights cultures and legal approaches. Part II of this article examines general international or global factors that affect property rights. Part III offers a focused look at the historical and cultural development of property rights in the five selected countries. Part IV follows with a discussion of some of the domestic factors present in these five different countries that contribute to or influence the development and enforcement of different property rights regimes. The article concludes in Part V with a discussion about the importance of understanding the property rights regimes in other countries to better enable practitioners to provide responsible legal counsel to clients.

Keywords: International Property Rights, Ghana, Chile, South Africa, India, Singapore, Eminent Domain, Condemnation, Expropriation, Takings, Just Compensation, Globalization, Public Purpose

JEL Classification: K11, K33

Suggested Citation

Salkin, Patricia E. and Gross, Daniel, International Comparative Property Rights: A Cross-Cultural Discipline Comes of Age (October 1, 2011). Albany Law School Research Paper No. 32 of 2011-2012, Available at SSRN: https://ssrn.com/abstract=1939610

Patricia E. Salkin (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Daniel Gross

Governmentlaw Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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