财产作为连续交换:被遗忘的私人契约边界

Property as sequential exchange: the forgotten limits of private contract

Journal of Institutional Economics · 2017
被引 31
ABS 3

中文导读

指出科斯框架隐含的单一交换假设忽略了多次交易间的相互影响,导致产权分析高估初始分配、忽视法律权利和私人秩序的作用,对土地确权等政策产生误导。

Abstract

Abstract The contractual, single-exchange framework in Coase (1960) contains the implicit assumption that exchange in property rights does not affect future transaction (i.e., trading) costs. This is pertinent for analyzing use externalities but limits our understanding of property institutions: A central problem of property markets lies in the interaction among multiple transactions, which causes exchange-related and non-contractible externalities. By retaining a single-exchange simplification, the economic analysis of property has encouraged views that: overemphasize the initial allocation of property rights, while some form of recurrent allocation is often needed; pay scant attention to legal rights, although these determine enforceability and, therefore, economic value; and overestimate the power of unregulated private ordering, despite its inability to protect third parties. These three biases have been a misleading policy in many areas, including land titling and business firm formalization.

产权经济学科斯定理交易成本土地确权法律经济学