Property share of a contract: Its transferability and value

Authors
Citation
D. Triska, Property share of a contract: Its transferability and value, FINANC A U, 50(11), 2000, pp. 646-647
Categorie Soggetti
Economics
Journal title
FINANCE A UVER
ISSN journal
00151920 → ACNP
Volume
50
Issue
11
Year of publication
2000
Pages
646 - 647
Database
ISI
SICI code
0015-1920(2000)50:11<646:PSOACI>2.0.ZU;2-I
Abstract
The paper seeks to contribute to a better understanding of the frontier bet ween the legal and economic analyses of a contract. Toward that, specific s tandards for its representation are introduced. This, then, allows for a be tter-defined differentiation between an act and an obligation (a promise) t o perform an act. The author's aim is to suggest that: (i) economics primar ily deals with the exchange of acts and their valuation, (ii) the law focus es on the exchange of obligations and their enforceability. The paper demonstrates how to value obligations rather than the respective acts. An obligation is conceived of as a "piece of property" to which a deb tor and the creditor have respective ("negative" and "positive") shares. Si milarly, a contract as a whole is treated as a "good" that has a value to i ts contracting parties and that may be supplied and demanded.