Institutional Foundations of Impersonal Exchange
Theory and Policy of Contractual Registries
9780226028323
9780226028354
Institutional Foundations of Impersonal Exchange
Theory and Policy of Contractual Registries
Governments and development agencies spend considerable resources building property and company registries to protect property rights. When these efforts succeed, owners feel secure enough to invest in their property and banks are able use it as collateral for credit. Similarly, firms prosper when entrepreneurs can transform their firms into legal entities and thus contract more safely. Unfortunately, developing registries is harder than it may seem to observers, especially in developed countries, where registries are often taken for granted. As a result, policies in this area usually disappoint.
Benito Arruñada aims to avoid such failures by deepening our understanding of both the value of registries and the organizational requirements for constructing them. Presenting a theory of how registries strengthen property rights and reduce transaction costs, he analyzes the major trade-offs and proposes principles for successfully building registries in countries at different stages of development. Arruñada focuses on land and company registries, explaining the difficulties they face, including current challenges like the subprime mortgage crisis in the United States and the dubious efforts made in developing countries toward universal land titling. Broadening the account, he extends his analytical framework to other registries, including intellectual property and organized exchanges of financial derivatives. With its nuanced presentation of the theoretical and practical implications, Institutional Foundations of Impersonal Exchange significantly expands our understanding of how public registries facilitate economic growth.
320 pages | 10 line drawings, 2 tables | 6 x 9 | © 2012
Economics and Business: Economics--International and Comparative
Law and Legal Studies: Law and Economics
Political Science: Comparative Politics
Reviews
Table of Contents
List of Illustrations
Acknowledgments
Acknowledgments
Introduction
Misguided Property Titling and Business Formalization Policies
How Public Registries Reduce the Transaction Costs of Impersonal Trade
Organization of the Book
Methodology and Exposition: Approach, Assumptions, and Caveats
One / The Role of Verifiable Contract Publicity in Impersonal Trade
Impersonal Exchange Requires Rights on Assets, Not Merely on Persons
What Do Rights on Assets Mean? Difference between Rights on Assets and Rights on Persons
Differences between the Economic and Legal Views on Enforcement—Or Why Economics Chose to Ignore Legal Property
Specialization and Transactions Require Multiple Rights on Each Asset, Hindering Impersonal Trade
Generalizing the Analysis
Prevalence and Varying Contractual Difficulty of Sequential Exchange
Information Problem of Sequential Exchange and Solving It by Selective Application of Property and Contract Rules
Conclusion and Next Steps
Two / Institutions for Facilitating Property Transactions
Private Titling: Privacy of Claims as the Starting Point
Publicity of Claims
Registration of Rights
Land Titling Systems Compared: Promise and Reality
Organizational Requirements: Registries’ Monopoly as a Safeguard of Their Independence
Three / Institutions for Facilitating Business Transactions
Prevalence of “Contract Rules” in Business Exchange
Requirements for Applying Contract Rules: The Rationale of Formal Publicity
Difficulties Involved in Organizing Company Registries: Independence and Collective Action
Lessons from Four Historical Cases
Registration and the Theory of the Firm
Four / Strategic Issues for Creating Contractual Registries
Understanding Conflict between Local and Wider Legal Orders
Following a Logical Sequence of Reform
Identifying the Key Attributes and Users of Registry Services
Evidence on the Effects of Property Titling
Evidence on the Effects of Business Formalization
Five / The Choice of Title and Registration Systems
Private versus Public Titling
Voluntary versus Universal Titling
Recordation of Deeds versus Registration of Rights
Choice of Business Formalization System
Six / Conveyancing and Documentary Formalization
The Palliative Nature of Documentary Formalization
Role of Conveyancers in Each Titling System
Market-Driven Changes in the Conveyancing Industry
Regulation of Conveyancing Services in the Twenty-First Century
Role of Title and Credit Insurance
Seven / Organizational Challenges
Producing Useful Information for Decisions on Formalization Systems
Integrating Contractual and Administrative Registries
Exploiting Technical Change
Structuring Incentives for Effective Public Registries
Reconsidering Self-Interest
Concluding Remarks
Recapitulation
Challenge of Public Registries
Notes
References
Index
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