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Proceedings of the Workshop - United Nations Office for Outer ...

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Efficiency in <strong>the</strong> property rights regime Efficient legal regime <strong>of</strong> property rights• “Such regime is likely to be a mixed system, combining paperrights with possessory rights.”(Richard Posner, 2001)– “Paper rights” mean a right to use with legally qualifiedtitle, whe<strong>the</strong>r actual possession is assured or not‣ Different from civil law States(like Korea, Japan) conceptionwhich is influenced by German School.‣ Economic thinking ra<strong>the</strong>r than traditional conception <strong>of</strong>property right, like possession element as ensuring <strong>the</strong> fact <strong>of</strong>ownership‣ More weight on <strong>the</strong> right to use ra<strong>the</strong>r than <strong>the</strong> ownershipinvolving <strong>the</strong> possession. “Unless a valuable resource issubject to a right <strong>of</strong> exclusive use, control, and benefit,incentives to in <strong>the</strong> production <strong>of</strong> valuable goods will besuboptimal.”(R. Posner, 2001)

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