Book contents
- Property Law
- Property Law
- Copyright page
- Dedication
- Contents
- Detailed Contents
- Figures
- Tables
- Citation Format
- Acknowledgments
- Abbreviations
- Introduction
- Part I Foundation
- Part II Immovable Property
- 5 Acquisitive Prescription
- 6 Building Encroachment
- 7 Co-Ownership Partition
- 8 Managing Co-ownership
- 9 Access to Landlocked Land
- Part III Movable Property
- Conclusion
- Book part
- References
- Index
7 - Co-Ownership Partition
Proposing a New Auction-Based Design
from Part II - Immovable Property
Published online by Cambridge University Press: 18 May 2023
- Property Law
- Property Law
- Copyright page
- Dedication
- Contents
- Detailed Contents
- Figures
- Tables
- Citation Format
- Acknowledgments
- Abbreviations
- Introduction
- Part I Foundation
- Part II Immovable Property
- 5 Acquisitive Prescription
- 6 Building Encroachment
- 7 Co-Ownership Partition
- 8 Managing Co-ownership
- 9 Access to Landlocked Land
- Part III Movable Property
- Conclusion
- Book part
- References
- Index
Summary
Chapter 7 summarizes the various partition approaches used around the world, finding that partition in kind is often preferred, with selling co-owned things through public or internal auctions a common back-up plan. Perhaps as a result, the existing literature has focused on partition in kind and partition by sale, while ignoring intermediate partition approaches like partial partition that are prevalent in practice. Little attention has been paid to the use of revelation mechanisms such as self-assessment, nor to how judicial partition rules affect co-owners’ pre-judicial-partition behaviors. Chapter 7 brings partial partition into the theoretical framework and proposes a new and feasible partition method that utilizes private information among co-owners and makes partition more efficient.
Keywords
- Type
- Chapter
- Information
- Property LawComparative, Empirical, and Economic Analyses, pp. 179 - 204Publisher: Cambridge University PressPrint publication year: 2023