Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law and Economics
Bailment Or Lease: A Legal And Economic Analysis, Wei Zhang
Bailment Or Lease: A Legal And Economic Analysis, Wei Zhang
Wei Zhang
When customers temporarily deposit their personal properties with a business which collects a fee, either directly or by incorporating the charge into the price of its goods or services (such as a locker at the supermarket, a parking garage, or a bank safe deposit box), it has long been disputed whether a bailment or a lease contract arises between the two parties. In this paper, I tried to approach this problem from a law and economics perspective. Efficiency-oriented judges should establish rules motivating parties to take optimal precautions to minimize the social costs associated with the loss of the property. …
Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang
Wei Zhang
No abstract provided.
Property Right From Law And Society’S Perspective: A Literature Review, Wei Zhang
Property Right From Law And Society’S Perspective: A Literature Review, Wei Zhang
Wei Zhang
No abstract provided.
Numerus Clausus: An Economic Perspective, Wei Zhang
Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law (Chinese Version), Wei Zhang
Wei Zhang
No abstract provided.
Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law (English Version), Wei Zhang
Wei Zhang
No abstract provided.
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
Wei Zhang
The collapse of the Japanese asset price bubble in the 90's left a record amount of non-performing loans in the nation's financial system. To tackle this unprecedented crisis, both legal scholars and practitioners in Japan advocated for a series of amendments to its secured transaction law to facilitate the enforcement of mortgages by banks. In this paper, based on the state of the post-bubble real estate finance market, I discussed the major drawbacks of the existing Japanese secured transaction system as it was applied in the real estate arena. I commented on the proposed material amendments to the Japanese secured …
On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Japanese Version), Wei Zhang
Wei Zhang
No abstract provided.
On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Chinese Version), Wei Zhang
Wei Zhang
In this article, I made a comparative study on the laws regulating the restrictions established by developers or among property owners in common interest communities in the U.S. and Japan, as well as the cultural and social backgrounds against which they are created. It appears that similar rules exist in both countries to combat excessive restrictions on life in common interest communities, although the American law treats the ex ante restrictions somewhat differently from the ex post ones. Using a law and economics perspective, I argue that such disparate treatments make good sense given the feasibility of internalizing the effects …
The Purge Of Mortgage In Japanese Civil Law, Wei Zhang
The Purge Of Mortgage In Japanese Civil Law, Wei Zhang
Wei Zhang
The purge of mortgage is believed to be one of the few French remnants in the otherwise largely German style Japanese Civil Code. Since the breakdown of Japanese asset price bubble in early 1990s, it has been blamed as one major obstacle to clearing up nonperforming loans held by Japanese banks, and a central target subject to abolishment. In this paper, I analyzed the structural problems existing in the Japanese purge system and also probed the history and social background behind the debates about its abolishment. I proposed that, instead of total abolition, a restructured purge system, in particular getting …