The role of property rights in commercial agreements

Abstract

The form of a state depends widely in the way that the state treats the property rights. ‘Every definition of property has direct consequences for the question of the distribution of economic wealth and power, the role of governments and the autonomy of citizens’ (Gray & Edgeworth, 2003) and so property is always a paramount issue for a State. Most of the Western countries have adopted democratic political systems and a capitalist economical system of production in where is necessary to give recognition to private property. This paper aims to present how transfers of property take place under Common Law, focusing on personal property issues, and comparing them with other legal systems in South America that have different rules for transfer of property.

Keywords

• Propery Rigths, Common Law System, Civil Law System, transference of property, agreements.