Volume 42 | Number 3 Summer 2007
The Disappearing Divide Between Property and Obligation: The Impact of Aligning Legal Analysis and Commercial Expectation
Summary
- Expanding the Notion of Property: Turning Obligation into Property
- Attributes Said to Distinguish Property from Obligation
- Property Terminology
- The Ambit of Property Rights
- Property Rights May Take Only a Limited Number of Forms—The Numerus Clausus Principle
- “Excludability”: Property Rights Are “Good Against the World”
- Property Is Assignable
- Property Is Accorded Superior Legal Protection
- Property Carries an Entitlement to Proceeds
- Property Rights Run with the “Asset”
- Property Rights Attract Insolvency Protection
Footnotes
For complete footnote citations, download the PDF.