IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-05545019.html

The concept of economic real property: a comparative study of French law, Moroccan law and Common law
[Le concept de propriété économique : étude comparative des droits français, marocain et de la Common Law]

Author

Listed:
  • Badr Guelida

    (UM5 - Université Mohammed V de Rabat [Agdal])

Abstract

Real property is one of the fundamental rights that one seeks to own. It plays a significant role in meeting both social and economic needs. The concept of economic real property takes its origins from the Romanian law reflects two opposing facets: the first is expressed as "positive ownership", which is the effective exercise of management power over a thing that one does not legally own, potentially to realize benefits , in one's own interest and in the interest of the legal owner, the latter being certain to eventually gain full ownership of the asset itself or a substituted asset, or its value.and the second as "passive ownership" whereas at the end of the term, for the complete ownership of an asset (or of a substituted asset or its value) for which one is not the legal owner, and on which the legal owner exercises, during this time, the power of management in the interest, for the benefit, of the economic owner to whom can possibly be added (but never exclusively) their own interest. This paper aims to examine how real estate property is impacted by economic factors in Moroccan and comparative law. The comparative legal methodology is adopted to study the spirit of the different legal systems, namely the French law due to historical considerations and the Anglo-Saxon law. The findings of the study reveal that economic factors contribute to the development emersion of a novel approach to real property.

Suggested Citation

  • Badr Guelida, 2026. "The concept of economic real property: a comparative study of French law, Moroccan law and Common law [Le concept de propriété économique : étude comparative des droits français, marocain et de la Common Law]," Post-Print hal-05545019, HAL.
    • Handle: RePEc:hal:journl:hal-05545019
    Note: View the original document on HAL open archive server: https://normandie-univ.hal.science/hal-05545019v1
    as

    Download full text from publisher

    File URL: https://normandie-univ.hal.science/hal-05545019v1/document
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Henry B. Hansmann & Ugo A. Mattei, 1998. "The Functions Of Trust Law: A Comparative Legal And Economic Analysis," Yale School of Management Working Papers ysm102, Yale School of Management.
    2. Daniel H. Cole & Peter Z. Grossman, 2002. "The Meaning of Property Rights: Law versus Economics?," Land Economics, University of Wisconsin Press, vol. 78(3), pages 317-330.
    3. Besley, Timothy, 1995. "Property Rights and Investment Incentives: Theory and Evidence from Ghana," Journal of Political Economy, University of Chicago Press, vol. 103(5), pages 903-937, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Andrea Asoni, 2008. "Protection Of Property Rights And Growth As Political Equilibria," Journal of Economic Surveys, Wiley Blackwell, vol. 22(5), pages 953-987, December.
    2. Asoni, Andrea, 2008. "Protection of Property Rights and Growth as Political Equilibria," Working Paper Series 737, Research Institute of Industrial Economics.
    3. Calbay, Arman, 2006. "Property Rights and Theory of Value," MPRA Paper 25827, University Library of Munich, Germany, revised 31 Jul 2009.
    4. Marceau, Nicolas & Mongrain, Steeve, 2011. "Competition in law enforcement and capital allocation," Journal of Urban Economics, Elsevier, vol. 69(1), pages 136-147, January.
    5. Alston Lee J. & Mueller Bernardo, 2018. "Priests, Conflicts and Property Rights: the Impacts on Tenancy and Land Use in Brazil," Man and the Economy, De Gruyter, vol. 5(1), pages 1-26, June.
    6. Das Gupta, Monica & Bongaarts, John & Cleland, John, 2011. "Population, poverty, and sustainable development : a review of the evidence," Policy Research Working Paper Series 5719, The World Bank.
    7. Thennakoon, Jayanthi & Findlay, Christopher & Huang, Jikun & Wang, Jinxia, 2020. "Management adaptation to flood in Guangdong Province in China: Do property rights Matter?," World Development, Elsevier, vol. 127(C).
    8. Wang, Hui & Riedinger, Jeffrey & Jin, Songqing, 2015. "Land documents, tenure security and land rental development: Panel evidence from China," China Economic Review, Elsevier, vol. 36(C), pages 220-235.
    9. Chris D. Arnot & Martin K. Luckert & Peter C. Boxall, 2011. "What Is Tenure Security? Conceptual Implications for Empirical Analysis," Land Economics, University of Wisconsin Press, vol. 87(2), pages 297-311.
    10. Jane Kabubo-Mariara, 2015. "Does Institutional Isolation Matter for Soil Conservation Decisions? Evidence From Kenya," SAGE Open, , vol. 5(1), pages 21582440155, February.
    11. Aragón, Fernando M., 2015. "Do better property rights improve local income?: Evidence from First Nations' treaties," Journal of Development Economics, Elsevier, vol. 116(C), pages 43-56.
    12. Purnamita Dasgupta, 2007. "Common Property Resources as Development Drivers: A Study of Fruit Cooperative in Himachal Pradesh: India," Working Papers id:917, eSocialSciences.
    13. Bellemare, Marc F. & Barrett, Christopher B., 2003. "An Asset Risk Theory of Share Tenancy," Working Papers 127203, Cornell University, Department of Applied Economics and Management.
    14. Una Okonkwo Osili & Anna L. Paulson, 2006. "What can we learn about financial access from U.S. immigrants?," Working Paper Series WP-06-25, Federal Reserve Bank of Chicago.
    15. Hartwell, Christopher A., 2014. "The impact of institutional volatility on financial volatility in transition economies : a GARCH family approach," BOFIT Discussion Papers 6/2014, Bank of Finland, Institute for Economies in Transition.
    16. Thiemo Fetzer & Samuel Marden, 2017. "Take What You Can: Property Rights, Contestability and Conflict," Economic Journal, Royal Economic Society, vol. 0(601), pages 757-783, May.
    17. Bradfield, Tracy & Butler, Robert & Dillon, Emma J. & Hennessy, Thia & Loughrey, Jason, 2023. "The impact of long-term land leases on farm investment: Evidence from the Irish dairy sector," Land Use Policy, Elsevier, vol. 126(C).
    18. Carlos Omar Trejo-Pech & Roselia Servín-Juárez & Álvaro Reyes-Duarte, 2023. "What sets cooperative farmers apart from non-cooperative farmers? A transaction cost economics analysis of coffee farmers in Mexico," Agricultural and Food Economics, Springer;Italian Society of Agricultural Economics (SIDEA), vol. 11(1), pages 1-24, December.
    19. Grimm, Michael & Klasen, Stephan, 2007. "Geography vs. Institutions at the Village Level," Proceedings of the German Development Economics Conference, Göttingen 2007 9, Verein für Socialpolitik, Research Committee Development Economics.
    20. Fenske, James, 2014. "Trees, tenure and conflict: Rubber in colonial Benin," Journal of Development Economics, Elsevier, vol. 110(C), pages 226-238.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;
    ;
    ;
    ;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-05545019. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.