Symmetry and asymmetry in property: Commons and anticommons
Commons and Anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we endeavor to provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. While Commons and Anticommons problems are symmetric in this sense, they are associated with asymmetric transaction costs. The paper formulates a hypothesis of legal rules for promoting unity in property and suggests a list of possible areas of application.
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