Using the experiences of Eastern Europe as an example, this article argues that, contrary to the economists' assumption that property rights are a precondition of a market economy, market institutions are often a prerequisite for a viable private property regime. Progress in the development of complex property rights in Eastern Europe, thus, cannot be expected to come primarily from a perfection of the legal system. Instead, it is more likely to arise as a market response to the demand for property rights. Indeed, legal entitlements can only be expected to become effective against a background of self-enforcing market mechanisms.
Contracts | Law | Law and Economics | Property Law and Real Estate | State and Local Government Law
European Legal Studies Center
The Roles of the State and the Market in Establishing Property Rights,
J. Econ. Perspectives
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2253