Hoofs, Kim --- "Property Rights in Legal History" [2010] ELECD 379; in Bouckaert, Boudewijn (ed), "Property Law and Economics" (Edward Elgar Publishing, 2010)

Book Title: Property Law and Economics

Editor(s): Bouckaert, Boudewijn

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205650

Section: Chapter 2

Section Title: Property Rights in Legal History

Author(s): Hoofs, Kim

Number of pages: 26

Extract:

2 Property rights in legal history
Kim Hoofs


Introduction
Since time immemorial, the reach and the content of property rights
change with society. These continual adjustments to the practical needs
of society are concomitant to the purpose of these rights: serving society.
The right of ownership is the most extensive and variable property right
in the course of history. It has had many different meanings. These can
only be understood by examining the particular society it served. The
historical content of the right of ownership can be understood by studying
codifications and statutes. These are important for the specific periods of
history. The historical codifications often had major influences on later
codifications and sometimes even on later civilizations.
In general, textbooks concerning the history of property law begin
with Roman law, because of its major influence on modern private law
of Western civilization. However, the ancient Egyptian and the ancient
Greek cultures also had their influence on the Western legal systems.
Greek civilization was greatly influenced by older civilizations, espe-
cially by Mesopotamian societies. The oldest code of law originates from
this period of Mesopotamian dynasties and is known as the Code of
Urukagina.
The two most famous and influential codifications of Roman law are
the Lex Duodecim Tabularum (Law of the Twelve Tables) and the Corpus
Iuris Civilis. Though the time difference between these codifications is
over nine centuries, they resemble each other in several ways; contentwise
as well as structurewise. The Lex Duodecim Tabularum became part of
the ...