The Good-faith Purchase Doctrine: A New Economic and Comparative Framework
2018/04/10
研討會日期 : 2018-04-10
時間 : 14:30
主講人 : Professor Yun-Chien Chang (張永健)
主持人 : Professor Kamhon Kan
地點 : Conference Room B110
演講者簡介 : Professor Chang received his J.S.D. at New York University School of Law in 2009. He is currently the Director of Center for Empirical Legal Studies and Research Professor at Institutum Iurisprudentiae, Academia Sinica. His research fields are Property Law, Land Use Regulation, Economic Analysis of Law, and Empirical Legal Studies.
演講摘要 : Scholars have argued that the good-faith purchase doctrine is where reasonable persons can disagree on what the most sensible doctrine is. Indeed, using hand-coded data on this rule in 154 jurisdictions, this article finds that this doctrine has hardly converged—— at least 23 different variants of this doctrine, from “no good faith required” to “good faith is all the purchaser need,” are implemented. This article, however, argues that we should not be agnostic about which rule is superior in terms of economic efficiency. This article further makes several claims: property doctrines, including the good-faith purchase doctrine, need not be used as a tool to deter crime; thus, whether goods are stolen or nor does not matter. To maximize allocative and productive efficiency jointly, the precaution on the original owner’s side has to be taken into account as well. More importantly, the good-faith purchase doctrine must incorporate factors that can be verified ex ante by purchasers. Hence, the market overt rule and the merchant dealer rule should apply to both stolen and non-stolen goods. Good faith should be defined in terms of whether optimal verification costs have been spent. An internal auction between an original owner and a good-faith purchaser can further tease out who values the resource more.
