2012Penn Carey Law Legal Scholarship Repository (University of Pennsylvania)Open access

Quasi-Property: Like, But Not Quite Property

Shyamkrishna Balganesh

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Abstract

Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property rights, through a relational liability regime, by focusing on the nature and circumstances of the interaction in question, which is thought to merit a highly circumscribed form of exclusion.In this Article, I unpack the analytical and normative bases of quasiproperty interests, examine the primary triggering events that cause courts to invoke the category, and respond to potential objections to the recognition of quasi-property as an independent category of interests in the law.

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Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property rights, through a relational liability regime, by focusing on the nature and circumstances of the interaction in question, which is thought to merit a highly circumscribed form of exclusion.In this Article, I unpack the analytical and normative bases of quasiproperty interests, examine the primary triggering events that cause courts to invoke the category, and respond to potential objections to the recognition of quasi-property as an independent category of interests in the law.

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Available abstract

Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property rights, through a relational liability regime, by focusing on the nature and circumstances of the interaction in question, which is thought to merit a highly circumscribed form of exclusion.In this Article, I unpack the analytical and normative bases of quasiproperty interests, examine the primary triggering events that cause courts to invoke the category, and respond to potential objections to the recognition of quasi-property as an independent category of interests in the law.

Key concepts: Property (philosophy), Normative, Law and economics, Property law, Political science, Liability, Property rights, Law

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