Download This PaperSystems of Public Ownership
in Michele Graziadei - Lionel Smith, eds., Comparative Property Law: Global Perspectives, Edward Elgar, (2017)
43 Pages Posted: 4 Nov 2015 Last revised: 22 Oct 2017
Date Written: July 1, 2015
Abstract
Public ownership is one of the most controversial, and at the same time less studied topics within the whole area of comparative property law. This paper aims to provide an introduction to the main systems of public ownership adopted within the western legal tradition. It deals with two main issues: 1) primary allocation of goods (private, public, common); 2) alienations and transfer. It also provides a critical analysis of the interaction between theories of public ownership and strategies of colonization.
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