The Numerus Clausus Principle, Property Customs, and the Emergence of New Property Forms

Author:Yun-chien Chang & Henry E. Smith
Position:Research Professor & Director of Center for Empirical Legal Studies/Fessenden Professor of Law & Director of the Project on the Foundations of Private Law

The numerus clausus debate has focused on the principle's explanatory power in the American common law, but the available theory is not as readily applicable to the civil law context. The numerus clausus principle present in the civil codes is often stricter than it is in practice— courts in several jurisdictions have allowed property customs to create new property forms. In this Essay, we... (see full summary)

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