Real property, probate, and trust journal最新文献

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Property Taxes and Dynamic Inefficiency: A Correction of a 'Correction' 财产税与动态无效率:“修正”的修正
Real property, probate, and trust journal Pub Date : 2020-06-25 DOI: 10.2139/ssrn.3635379
M. Hellwig
{"title":"Property Taxes and Dynamic Inefficiency: A Correction of a 'Correction'","authors":"M. Hellwig","doi":"10.2139/ssrn.3635379","DOIUrl":"https://doi.org/10.2139/ssrn.3635379","url":null,"abstract":"According to Homburg’s (2014) comment on Kim and Lee (1997), an ad-valorem property tax on land cannot cause dynamic ineffciency of equilibrium allocations in an overlapping-generations model unless the tax is \"confiscatory\", i.e., equal to or greater than land rents. With such a tax, Homburg claims, land would be intrinsically worthless and the market for land would be closed. The latter claims are invalid because, as a store of value, land can be traded at a positive price even if the net rate of return on land is negative.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77060989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
A Unified Framework for Mortality Immunization and Insurance Demand 死亡率、免疫和保险需求的统一框架
Real property, probate, and trust journal Pub Date : 2020-05-12 DOI: 10.2139/ssrn.3598746
Hua Chen, Jin Gao, Wei Zhu
{"title":"A Unified Framework for Mortality Immunization and Insurance Demand","authors":"Hua Chen, Jin Gao, Wei Zhu","doi":"10.2139/ssrn.3598746","DOIUrl":"https://doi.org/10.2139/ssrn.3598746","url":null,"abstract":"In this paper, we propose a unified framework to simultaneously examine an insurer’s mortality immunization strategy and individuals’ insurance demand. On the supply side, an insurer chooses an optimal product mix of whole life insurance and deferred annuity by minimising the Conditional Value-at-Risk (CVaR) of its portfolio loss. On the demand side, the insured decide an optimal insurance choice by maximising his or her expected lifetime utility. Using the tâtonnement approach, we match the demand and supply of these insurance products and thus determine the optimal prices to clear the market. Our model in a neoclassical economic framework helps explain a few stylized facts or puzzles in life insurance markets, e.g., simultaneous holding of life insurance and annuity, low annuitisation, and insufficient purchase of life insurance in the working age population. Our results show that market equilibria occur when life insurance loading is relatively high and annuity loading is relatively low. This calls for attentions from insurance regulators and insurance companies to re-examine insurance/annuity underwriting and pricing.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88898570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Conflicts of Laws in the Management of the Deceased’s Estate Under Cameroon Legal System 喀麦隆法律制度下死者遗产管理中的法律冲突
Real property, probate, and trust journal Pub Date : 2020-02-18 DOI: 10.2139/ssrn.3705365
Ntoko Ntonga Rene
{"title":"Conflicts of Laws in the Management of the Deceased’s Estate Under Cameroon Legal System","authors":"Ntoko Ntonga Rene","doi":"10.2139/ssrn.3705365","DOIUrl":"https://doi.org/10.2139/ssrn.3705365","url":null,"abstract":"The law of succession is a critical aspect of the law which ensures and guarantees the rights of parties particularly upon the passing away of a person. Hence, the law of succession which is concerned with the legal consequences flowing from death on the deceased person’s property, has several issues worth looking at. However, the major worry becomes the management of the deceased’s estate especially when there arise a conflict of laws in the realization of that. That burden motivates this paper which has as aim to investigate the conflicts of laws that exist under Cameroonian legal system in relation to the management of the deceased estate. To achieve this objective, data is collected with the use of the doctrinal method and the data collected is analyzed with the use of the thematic content approach method. The ensuing result reveals the various conflicts that arise in the law when the managements of the deceased estate is concern under the Cameroon legal system.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81062840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Tragedy of ‘The Tragedy of the Commons’ – Hardin vs. the Property Rights Theorists “公地悲剧”的悲剧-哈丁与产权理论家
Real property, probate, and trust journal Pub Date : 2020-01-30 DOI: 10.2139/ssrn.3531981
Jonathan M. Karpoff
{"title":"The Tragedy of ‘The Tragedy of the Commons’ – Hardin vs. the Property Rights Theorists","authors":"Jonathan M. Karpoff","doi":"10.2139/ssrn.3531981","DOIUrl":"https://doi.org/10.2139/ssrn.3531981","url":null,"abstract":"Garrett Hardin’s “The Tragedy of the Commons” (Hardin, 1968) is widely influential but fundamentally incorrect. Hardin characterizes the commons problem as arising from the exercise of free will in a world with limited carrying capacity. Hardin’s solutions to this problem emphasize coercive policies, including traditional command-and-control environmental and natural resource regulations. In contrast, the property rights literature that preceded Hardin – especially Gordon (1954), Scott (1955), Coase (1960), and Demsetz (1967) – shows that the commons problem arises from non-exclusive use rights. Non-exclusivity is part of a broader class of restrictions on private ownership, any of which fosters dissipative rent seeking. The property rights literature focuses on value creation rather than just the physical exhaustion of the commonly owned resource. It is therefore more general, and highlights solutions that are less coercive and dissipative, than the more widely known views espoused by Hardin.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72569867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Rationalizing Present and Future Bias 合理化现在和未来的偏见
Real property, probate, and trust journal Pub Date : 2020-01-15 DOI: 10.2139/ssrn.3559475
S. -. Lee
{"title":"Rationalizing Present and Future Bias","authors":"S. -. Lee","doi":"10.2139/ssrn.3559475","DOIUrl":"https://doi.org/10.2139/ssrn.3559475","url":null,"abstract":"This paper rationalizes both present and future bias in a single expected utility framework. The model considers a situation where mortality risk depends on the current state of health. When the state transition satisfies total positivity of order 2, rational decision makers are shown to have present bias when in poor health and future bias when in good health. The findings suggest that unhealthy behavior and resulting poor health may be the cause of present bias not its consequence as is often believed.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"539 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85669314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Stakeholder Collaboration as an Alternative to Cost-Benefit Analysis 利益相关者协作作为成本效益分析的替代方案
Real property, probate, and trust journal Pub Date : 2020-01-01 DOI: 10.2139/ssrn.3097075
K. Bradshaw
{"title":"Stakeholder Collaboration as an Alternative to Cost-Benefit Analysis","authors":"K. Bradshaw","doi":"10.2139/ssrn.3097075","DOIUrl":"https://doi.org/10.2139/ssrn.3097075","url":null,"abstract":"This Article compares and contrasts cost-benefit analysis with “collaborative analysis” in agency decision-making. While mathematical models drive cost-benefit analysis, ongoing stakeholder negotiations drive collaborative analysis. Cost-benefit analysis relies on economists inputting numerical values into a model, whereas collaborative analysis relies on the diverse perspectives of groups and individuals affected by an agency’s decision. Administrative law scholars have exhaustively researched cost-benefit analysis while overlooking widespread agency reliance on collaborative analysis. This Article advances the novel observation that legislatures and courts sometimes treat collaborative analysis and cost-benefit analysis as interchangeable. Administrative law scholars might find it unorthodox, even irresponsible, to equate the deliberative process of average citizens with numerical calculations performed by economists. Yet, collaborative analysis works well in several contexts when numerical analysis does not: where data are scarce, burdens are unevenly distributed, normative values are at stake, and conditions are changing. Under such circumstances, agency officials report that collaborative analysis creates better outcomes, secures ex ante social approval of policies, provides adaptive decision- making, and reduces conflict and litigation risk relative to alternative tools. Despite the benefits of collaborative analysis and its surprisingly widespread use, its potential remains largely untapped. In identifying and defining collaborative analysis for the first time, this Article provides agencies, stakeholders, and courts the tools necessary to understand collaborative analysis and tap into its benefits.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89580412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Bundling Weather Index-Based Crop Insurance and Credit: A Cautionary Tale Against Misunderstood and Misinformed Take-Up 捆绑基于天气指数的农作物保险和信贷:一个防止误解和误导的警世故事
Real property, probate, and trust journal Pub Date : 2019-12-19 DOI: 10.2139/ssrn.3507421
Mame Mor Anta Syll, Lena Weingärtner
{"title":"Bundling Weather Index-Based Crop Insurance and Credit: A Cautionary Tale Against Misunderstood and Misinformed Take-Up","authors":"Mame Mor Anta Syll, Lena Weingärtner","doi":"10.2139/ssrn.3507421","DOIUrl":"https://doi.org/10.2139/ssrn.3507421","url":null,"abstract":"The initial purpose of this study was to evaluate the effect of different bundling options of weather index-based crop insurance with agricultural credit on levels of insurance take-up. In a randomised controlled trial, 371 loan applicants were offered credit-linked insurance in three different ways: (1) mandatory bundling of products and incentivising insurance take-up by making it a partial supplement to loan collateral, (2) voluntary insurance with the same incentive and (3) voluntary insurance without incentive. However, we will quickly realize that the take-up of the bundle is mostly related to an issue of understanding, level of knowledge or information interpretation rather than to the way of bundling. Though the level of take-up appeared to be high, no matter the bundling option, results revealed that it was a misunderstood take-up based on the insufficient level of information or inappropriate interpretation of it. More effort is hence needed from development stakeholders to make sure the product value of insurance, namely a risk transfer instrument, is fully grabbed by farmers who purchase it.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75527522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
More Needs To Be Done To Protect Consumers Against Errant Car Dealers 我们需要做更多的工作来保护消费者免受不法汽车经销商的侵害
Real property, probate, and trust journal Pub Date : 2019-12-12 DOI: 10.2139/ssrn.3843744
Ben Chester Cheong
{"title":"More Needs To Be Done To Protect Consumers Against Errant Car Dealers","authors":"Ben Chester Cheong","doi":"10.2139/ssrn.3843744","DOIUrl":"https://doi.org/10.2139/ssrn.3843744","url":null,"abstract":"For some years now, the motor trading industry has come up as Number One or Two on the complaints list of the Consumer Association of Singapore (Case). The consumer watchdog has recently said that from December 2018 to September this year, it had received 26 complaints involving over S$820,000 in prepayment losses relating to the closure of at least seven car dealers.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80838248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Property as the Law of Complements 财产作为补语法则
Real property, probate, and trust journal Pub Date : 2019-12-07 DOI: 10.2139/ssrn.3500137
L. Fennell
{"title":"Property as the Law of Complements","authors":"L. Fennell","doi":"10.2139/ssrn.3500137","DOIUrl":"https://doi.org/10.2139/ssrn.3500137","url":null,"abstract":"Resources often produce more value in combination than they do separately: think of segments of a highway or parts of a machine. I argue that property’s defining purpose is to group together complements, and that property law and theory should focus on identifying and realizing valuable bundles of resources. While some complementarities align with traditional asset boundaries and can be protected by exclusion rights, realizing others requires crossing or eschewing boundaries to recombine resources in ways that further larger social, economic, or ecological objectives. The gains associated with the entrenching and excluding functions of property thus vie with the gains that come from breaking through those entrenchments to reconfigure resources and rights. Conceptualizing property as complementarity – a kind of bundling machine – allows both sorts of projects to be accommodated within a common analytic structure. A law-of-complements view thus offers a new way to understand, in functional terms, what is distinctive about property. Taking complementarity seriously also has dramatic distributive implications, given that some of the most valuable complementarities exist between human capital and property.","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74548698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Beyond Property. A Reflection on the Value of Restitution of Looted Cultural Objects 超出了财产。对被掠夺文物归还价值的思考
Real property, probate, and trust journal Pub Date : 2019-12-02 DOI: 10.2139/ssrn.3524852
W. Veraart
{"title":"Beyond Property. A Reflection on the Value of Restitution of Looted Cultural Objects","authors":"W. Veraart","doi":"10.2139/ssrn.3524852","DOIUrl":"https://doi.org/10.2139/ssrn.3524852","url":null,"abstract":"Human beings are cultural beings. This implies that being deprived of valuable cultural objects may directly affect them in their possibilities of being human. This predicament could explain the special attention given to cases of Nazi-looted cultural objects and, more recently, to collections of cultural objects looted or acquired under duress in territories of the former colonial empires. It may be one of the reasons why, in particular, the quest for restitution of specific cultural objects is deemed to be so important, despite efforts to also explore alternative 'fair and just solutions', as indicated in the Washington Principles on Nazi-Confiscated Art of 1998. With reference to ideas of the German-Jewish philosopher Walter Benjamin (1892-1940), this paper explores the value of restitution in more detail. How could these ideas be helpful in understanding and perhaps overcoming legal obstacles in the present on the road to restitution of objects from colonial collections?","PeriodicalId":82443,"journal":{"name":"Real property, probate, and trust journal","volume":"200 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80111139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
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