Optimal Property Rights in Financial Contracting

A-Tier
Journal: The Review of Financial Studies
Year: 2011
Volume: 24
Issue: 10
Pages: 3401-3433

Authors (2)

Kenneth Ayotte (not in RePEc) Patrick Bolton (Columbia University)

Score contribution per author:

2.011 = (α=2.01 / 2 authors) × 2.0x A-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

This article adopts a definition of property rights from legal scholarship: A property right (in contrast to a contractual right) is enforceable, not only against the parties to a contract, but also against third parties outside the contract. In a financial contracting setting, we ask: When should the law enforce a lender's contractual protections as property rights, given that these rights may be hidden and costly for other lenders to discover? Our model explains why the law limits the creation and enforceability of property rights, and develops principles of optimal enforceability. These principles are often reflected in the law. The Author 2011. Published by Oxford University Press on behalf of The Society for Financial Studies. All rights reserved. For Permissions, please e-mail: [email protected]., Oxford University Press.

Technical Details

RePEc Handle
repec:oup:rfinst:v:24:y:2011:i:10:p:3401-3433
Journal Field
Finance
Author Count
2
Added to Database
2026-01-24