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The Law of Impersonal Transactions

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  • Benito Arruñada

Abstract

Most economic interactions happen in a context of sequential exchange in which innocent third parties suffer information asymmetry with respect to previous "originative" contracts. The law reduces transaction costs by protecting these third parties but preserves some element of consent by property right holders to avoid damaging property enforcement - e.g., it is they, as principals, who authorize agents in originative contracts. Judicial verifiability of these originative contracts is obtained either as an automatic byproduct of transactions or, when these would have remained private, by requiring them to be made public. Protecting third parties produces a legal commodity which is easy to trade impersonally, improving the allocation and specialization of resources. Historical delay in generalizing this legal commoditization paradigm is attributed to path dependency - the law first developed for personal trade - and an unbalance in vested interests, as luddite legal professionals face weak public bureaucracies.

Suggested Citation

  • Benito Arruñada, 2010. "The Law of Impersonal Transactions," Working Papers 500, Barcelona School of Economics.
    • Handle: RePEc:bge:wpaper:500
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    References listed on IDEAS

    as
    1. Benito ArruÒada, 2003. "Property Enforcement as Organized Consent," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 19(2), pages 401-444, October.
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    More about this item

    Keywords

    Property rights; formalization; impersonal transactions;
    All these keywords.

    JEL classification:

    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • L59 - Industrial Organization - - Regulation and Industrial Policy - - - Other

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