财产作为顺序交换:定义与语言问题

Property as sequential exchange: definition and language issues

Journal of Institutional Economics · 2017
被引 5
ABS 3

中文导读

评论Benito Arrunãda关于土地交易成本问题的论文,指出其使用不当的交易成本概念导致语言混乱和对科斯逻辑的错误解释,建议用产权定义重构以提升清晰度。

Abstract

Abstract Benito Arrunãda's paper on the transaction cost problems involved with land, provides an excellent explanation of land legal institutions. This explanation revolves around the fact that land exists through time, and that various exchanges made with respect to land at one time affect exchanges in other times. Arrunãda refers to this as ‘sequential exchange’, and he argues that sequential exchange provides the explanation for state involvement in titling and the default nature of in rem rights. Unfortunately, Arrunãda frames his argument with an inappropriate notion of transaction costs. This creates a confusing language, and a faulty interpretation of Coasean logic. Reframing the first sections of his paper using the ‘property rights’ definition of transaction costs brings brevity and clarity to the ultimate point he is trying to make.

法律经济学产权交易成本土地制度制度经济学