2015Unpublished venueRequires access

Jurisprudential Assessment on the Separation Reform of the Three Types of Rights within the Farmland Property Rights

Shen Hui-we

Open publisher page 2 citations

Abstract

The purpose of the paper is to analyze the separation of the three types of rights within the ownership of farmland, i.e., the contract rights, the management rights, and the general ownership. Methods employed include documentation and comparison. The paper finds that it does not conform to legal principle to divide the land contract and management rights into the separated contract rights and the management rights. The ownership is a legal concept, but the contract rights and the management rights is not, and therefore the separation of the three farmland rights have an obvious logical contradiction. Owing to the great differences between the property right in economics and the rights in law, we need to confirm the right structures of farmland in the binary system of property rights and creditor's rights.

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What this paper is about

The purpose of the paper is to analyze the separation of the three types of rights within the ownership of farmland, i.e., the contract rights, the management rights, and the general ownership. Methods employed include documentation and comparison. The paper finds that it does not conform to legal principle to divide the land contract and management rights into the separated contract rights and the management rights. The ownership is a legal concept, but the contract rights and the management rights is not, and therefore the separation of the three farmland rights have an obvious logical contradiction. Owing to the great differences between the property right in economics and the rights in law, we need to confirm the right structures of farmland in the binary system of property rights and creditor's rights.

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Available abstract

The purpose of the paper is to analyze the separation of the three types of rights within the ownership of farmland, i.e., the contract rights, the management rights, and the general ownership. Methods employed include documentation and comparison. The paper finds that it does not conform to legal principle to divide the land contract and management rights into the separated contract rights and the management rights. The ownership is a legal concept, but the contract rights and the management rights is not, and therefore the separation of the three farmland rights have an obvious logical contradiction. Owing to the great differences between the property right in economics and the rights in law, we need to confirm the right structures of farmland in the binary system of property rights and creditor's rights.

Key concepts: Property rights, Reservation of rights, Bundle of rights, Land law, Rights of Nature, Right to property, Business, Law and economics

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