Property Meeting the Challenge of the Commons
2021
The paper analyzes the results of a comparative legal research devoted to investigate the impact of the original category of the commons on property rights. The authors have studied 15 different legal systems throughout a questionnaire that mix open questions and factual cases. The study shows the main contradictions of a paradigm of property based on the right to exclude, but at the same time shows how access and the commons can change this perspective.
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