Intrinsic limitations of property rights

Many people take for granted an absolute conception of property rights. According to this conception, if I own a piece of property I have a moral right to do with it as I please, irrespective of the needs of others.This paper articulates an argument against this conception of property rights. First, it shows that there are many possible conceptions of property rights, and that there are significant differences among the models of ownership which have prevailed in different societies. Then, it argues that there are decisive grounds to refuse to grant that property owners have a moral right to exercise absolute control over their property, and that ownership implies not only rights but also duties and limits.J. M. Elegido is Head of the Department of Business Ethics in the Lagos Business School. He has a doctorate in Law and has published numerous articles on social and legal philosophy and on legal issues in professional and academic journals. He has just published a book on Jurisprudence.     

企业国有资产的内涵及界定

随着市场经济的发展,企业国有资产的概念不断得以重新诠释。本文通过分析企业国有资产概念的变迁,认为其本质是出资人所有权,并在区分出资人所有权、企业法人财产权的基础上进一步探讨了如何维护法制统一和国家出资人的权益。     

Psychological ownership: a social marketing advertising message appeal?

The authors assessed psychological ownership as a potential persuasive advertising message appeal in social marketing efforts. Psychological ownership is a feeling of possession; it occurs when individuals feel that something is theirs even though they cannot hold legal title to it. Interestingly, the first study indicated advertising messages that generate psychological ownership yielded less favourable attitudes, word of mouth and willingness to pay price premiums among women. Women responded more negatively to messages that attempted to induce psychological ownership than to neutral messages. The adverse responses of women prompted the second study, in which both the psychological ownership message and cognitive capacity were manipulated. Results indicate that, in a limited cognitive capacity condition, women responded similarly towards higher psychological ownership and neutral advertising messages. Further, these effects were mediated by inferences of manipulative intent and not feelings of guilt. Theoretical and managerial implications are offered for marketers attempting to use psychological ownership as an advertising message strategy and gender as a segmentation strategy.     

Contractibility and ownership redirection in franchising: A property rights view

This paper offers a property rights theoretical interpretation of the ownership redirection hypothesis advanced by Oxenfeldt and Kelly [Oxenfeldt, Alfred R. and Kelly, Anthony O. (1968). “Will Successful Franchise Systems Ultimately Become Wholly-owned Chains?”, Journal of Retailing, 44, 69-83]. In a nutshell, couched in resource dependence theory, the ownership redirection hypothesis argues that successful franchise systems will eventually become corporate owned systems because of the reacquisition of franchisee units by the more powerful, and resource-flush franchisors. We argue that the structure and dynamics of ownership patterns in franchising networks depends on the contractibility of the franchisor's system-specific assets and the contractibility of the franchisee's local market assets. Under the property rights view, ownership redirection will result from an increase in the contractibility of the franchisee's local market assets (local market information, financial resources, and managerial capabilities) and the resultant increase of the franchisor's bargaining power during the contract period. We extend the franchise literature by arguing that informational, financial and managerial resource constraints are only relevant for the change of ownership structure if they are noncontractible. This hypothesis is evaluated using data collected from the Austrian franchise sector. The empirical results are largely supportive of the hypothesis.     

Development of intellectual property laws for the Russian Federation

In most industrialized nations, the concept and body of intellectual property laws is well into its third century of development and testing. The Russian Federation, however, has created and implemented an entirely new body of intellectual property law since the collapse of the Soviet Union in 1992. As American and other western firms work with the Russian Federation as a supplier and customer, they must recognize that the new nation has abandoned a legal philosophy denying the existence of intellectual property in favor of intellectual property laws recognizing and favoring private development and ownership of such property. This paper examines the Russian intellectual property laws and points out adaptations that western nations should make when dealing with similar entities in the Russian Federation. The study assumes familiarity with Russian history, language, and geography. A caution to domestic firms is that they should retain experienced legal counsel to deal with negotiations and contracts with Russian business interests.     

Expiration day effects: The case of Hong Kong

Regulators around the world often express concerns about the high volatility of stock markets due to index derivative expirations. Earlier studies of expiration day effects have found large volume effects, abnormal return volatility, and price effects during the last hour of trading on expiration days when the settlement is based on the closing price. This article examines the impact of the expiration of Hang Seng Index (HSI) derivatives on the underlying cash market in Hong Kong for the period from 1990 to 1999. The HSI derivative market is different from most other markets in the sense that the settlement price is computed by taking the average of 5‐minute quotations of the HSI on the last trading day, thus providing an alternative setting for testing expiration day effects. Our empirical findings indicate that expiration days in Hong Kong may be associated with a negative price effect and some return volatility on the underlying stock market, but there is no evidence of abnormal trading volume on the expiration day, or price reversal after expiration. Thus, the existence of expiration day effects cannot be confirmed in the Hong Kong market. [JEL classification: G13; G14; G15]. © 2003 Wiley Periodicals, Inc. Jrl Fut Mark 23:67–86, 2003     

不动产税制改革的产权瓶颈探析

不动产税是对不动产产权的征税,产权保护是不动产税制良好运行的法律基础。由于我国目前不动产产权格局是城乡二元结构、房地二元结构和城市多种产权性质的房产并立,致使房地产市场滞留多种产权问题。因此,不动产税的开征是产权保护工作中的推进器,而产权保护则为不动产税的开征奠定了良好的法律基础环境。     

Pre‐commitment to an Exclusive Contract under Partial Regulation

This article examines the welfare implications of an incumbent’s pre‐commitment to an exclusive contract in a partially regulated environment. It shows that the contract offered to customers in a competitive market makes the first‐best allocation infeasible in the partially regulated environment. However, the contract can have a welfare‐enhancing property through the exclusion of inefficient entry or cream skimming in the competitive market, especially when the regulated price ceiling is low and the incumbent’s technology is characterized by a large proportion of common cost in total cost.     

The intra‐day price discovery process between the Singapore Exchange and Taiwan Futures Exchange

This paper focuses on the increasing competition between exchanges for listing similar index futures contracts and the impact this has on information dissemination between various markets. Specifically, using both the Hasbrouck and Gonzalo–Granger methodologies for extracting the information content held in each market, a comparison of information efficiencies between the Singapore Exchange and the Taiwan Futures Exchange is examined for Taiwan Index Futures listed in both markets. The results show not only a common stochastic trend between index futures and their underlying indices, but also provide strong evidence to suggest price discovery primarily originates from the Singapore futures market. There are direct implications of this result for both financial exchanges and traders—in particular, that traders realize price determination can arise from both futures markets, and the need for exchanges to maintain a reputation as an information center for these similarly traded financial instruments. © 2002 John Wiley & Sons, Inc. Jrl Fut Mark 22: 219–240, 2002     

中国股市定价权不容外移

中国股市的定价权是中国经济主权的构成部分，它不允许也不可能外移给国际机构。中国股市的国际化绝对不意味着中国股市非中国化，也绝对不意味着需要将股市定价权外移海外。资产定价中的“一价定理”在实践中是不成立。从“一价定理”中试图得出全球股市“一价”的结论，非旦是谋求一件不可能之事，而且可能极容易将研究引入误区。如果说对“一价定理”的实践效能缺乏认识还是属于研究不够深入严谨的话，那么，在明知这一定理存在实践缺陷的条件下，还在继续坚持并误导，就是别有他图了。市盈率存在着诸多缺陷，它只能是一个参考指标，不能是一个判别股价高低的基本指标，它并无一个国际通行的倍数标准。在建立多层次股票市场体系中，需要注意解决股市规则、构建机制、股市品种、机构投资者和制度建设等问题。建立多层次股票市场体系的过程，就是为中国股市国际化作准备的过程，也是中国股市国际化的构成部分。     

The economic advantage of learners in a spot/futures market

This article examines the economic advantage of learners in a futures market. We develop a dynamic model of learning in which a spot market and futures market both exist for a real good. The economy is composed of producers who can engage in hedging activities, speculators who trade in the futures market, and consumers who are described by an inverse demand function for the underlying commodity. Producers and speculators are heterogeneous and are differentiated based upon the predictive equations they employ when formulating forecasts of next period's spot price. We derive the dynamic rational‐expectations equilibrium of the model and show that learners enjoy an economic advantage in the futures market. © 2003 Wiley Periodicals, Inc. Jrl Fut Mark 23:151–167, 2003     

Regulatory changes and information competition: The case of Taiwan index futures

This article examines the cross‐border competition in price discovery between the Taiwan Futures Exchange (TAIFEX) and the Singapore Exchange Derivatives Trading (SGX). We focused on the impact of market reforms on the information leadership of similar contracts traded on the two exchanges. Utilizing synchronized transaction data, it was found that reducing the futures transferring tax was the only policy change that enhanced TAIFEX's information role. Evidence supported the trading‐cost hypothesis that a lower transaction cost is associated with better price discovery. A brief linkage between trading volume and price discovery was found when data were broken down into subperiods according to the relative volume of TAIFEX and SGX. Evidence suggested that the SGX's information advantage reported in previous research had diminished as the rival market progressed. It also indicated that exchanges seeking to improve information efficiency should adopt policies that will reduce transaction costs or increase trading volume. © 2004 Wiley Periodicals, Inc. Jrl Fut Mark 24:399–412, 2004     

环境资源产权对环境会计主体的影响分析

资源产权的初始界定对于资源的市场交易和权利义务的划分有着重要的意义。公民、国家、企业以及非盈利性组织都是环境资源的利益相关体。并且都具有成为环境会计主体的可能。由于它们在环境产权结构中的地位差异，造成公民和非营利性组织的经营权利受限，从而不适宜成为环境会计主体。企业则因为缺乏政府以外的约束力，披露环境会计信息的动力有限。国家则由于在环境资源产权中处于实质性控制地位，并且具有披露信息的动力，是环境会计主体的最佳选择。     

宏观调控背景下我国房地产金融创新的理论逻辑及影响

各类房地产金融创新为开发商和购房者提供了充足的金融支持,出现这一局面的根本原因在于房地产市场是一个生产者主权市场。这些金融创新不仅抑制了房地产金融调控效果,还在商品房供给增加的同时推动房价不断上升,使得房地产市场和房地产金融市场风险加速聚集。对此应改变房地产调控思路,增加供给,管理预期,转变银行的信贷管理思路,加强对非银行金融机构的房地产金融业务监管。     

理论中的企业所有权:悖论性质及其超越

本文认为,无论用剩余索取权还是用剩余控制权抑或用这两种剩余权利的统一体来定义企业所有权,由于其对企业自然属性的忽视以及考察企业所有权的方法存在的问题,导致其无法规避理论上的悖论性结果。文章提出,为跨出这种理论上的悖论境地,必须寻找新的途径对企业所有权进行重新界定。在企业理论中,如果涉及到企业所有权,就简单地直接使用法律上的企业所有权概念;而研究那些"实际存在"的权利的时候,就使用产权这一概念,因为产权本来就表示一组权利。     

《物权法》:国家、公民财产权利保障书

《中华人民共和国物权法》是一部明确物的归属、保护物权、充分发挥物的效用、维护市场经济秩序、维护国家基本经济制度、关系人民群众切身利益的民事基本法律,是法律体系中起支架作用的重要法典。它的作用:一是定分止争,通过确认物的归属,加强对物权的保护,达到维护社会正常秩序的目的。它与社会公众的衣食住行和生老病死等切身利益息息相关,密不可分,被称为"公民财产权利保障书"。二是促进物尽其用,通过规范物权人的权利义务,为物权人充分利用财产提供良好的法制环境,鼓励权利人创造财富,积累财富,扩展物业。它在总结我国民事立法和司法活动长期积累的经验基础上,结合中国的实际情况,设计出了一整套体系完备的物权法律规则,是一部保障安居乐业法,也是一部促进经济发展、构建和谐社会法。     

Fragmentation and complementarity: The case of EFPs

With the proliferation of alternative markets, concerns have arisen that they may induce lower liquidity on centralized exchanges. In futures markets, the use of an alternative trading mechanism known as exchange of futures for physicals (EFPs) has increased sharply in recent years. EFPs provide a means to obtain futures positions, coupled with offsetting cash positions, away from the centralized exchange. Traders use EFPs to ensure a desired price on complex packages of trades, thus avoiding the transactional risk (slippage) that is inherent in the centralized market. Theoretical analysis establishes that any detrimental effects of fragmenting the centralized market can be offset by traders' knowledge of another opportunity to trade without transactional risk. If EFPs attract more risk‐bearing capacity, there could even be a net benefit to the central market. An empirical analysis suggests that EFP trading is motivated by transactional risk because it represents a larger portion of total trading during periods of unusually high volatility when slippage is apt to be more of a problem. Consistent with the notion that alternative markets can be complementary to centralized exchanges, we find that EFP trading is not associated with reductions in market quality and may act as an outlet for extra volume when markets are under the most stress. © 2002 Wiley Periodicals, Inc. Jrl Fut Mark 22:697–727, 2002     

Designing Markets for Developing Countries

This paper highlights what we know from market microstructure and how this should guide the design of equity markets in developing counties. I first consider the basic economic functions of capital markets and of exchanges. I develop more fully the importance of price discovery and liquidity, and how these are affected by the market environment and by characteristics of firms themselves. I then consider the particular implications of this for capital markets in emerging countries. Research has suggested various links between market designs and performance, and I review the implications of these for exchange structure. I conclude with some thoughts on how best to structure markets for newly listing companies.     

Ethical reasoning in business‐to‐business negotiations: evidence from relationships in the chemical industry in Germany

This article explores managers’ ethical reasoning for behaviors in price negotiations using evidence from 15 in‐depth interviews conducted with sales and purchasing representatives in the chemical industry in Germany. Applying transaction cost economics, we find that negotiators in commoditized market‐like exchanges either refer to deontological norms such as not to lie, or they neglect a role for ethics, arguing that distributive negotiation is per se opportunistic. In contrast, exchanges of products with higher asset specificity lead to stronger informational integration which is supported with teleological justifications. Some negotiators use teleological justification to build business on trust rather than on economic safeguards as their firm norms would require. For negotiators, our results suggest considering institutional context and adjusting ethical reasoning to the negotiation situation. Firms need to recognize and find ways to address the potential conflicts of their internal norms with their frontline managers’ attempts to act in the firms’ best economic and ethical interests.     

The forward-looking ability of the real exchange rate and its misalignment to forecast the economic performance and the stock market return

This paper aims to examine whether exchange rates can predict future changes in the stock market return and in the economic performance of a country. On the basis of a revision that incorporates relative stock price and rational expectation in Dornbusch's dynamic Mundell–Fleming model, I present a model that can be used for analysing the forward-looking ability of the real exchange rate. The model builds on the works of Campbell and Shiller (Journal of Political Economy, 95, 1987 and 1062), MacDonald and Taylor (IMF Staff Papers, 40, 1993 and 89) and Engel (American Economic Review, 106, 2016 and 436) which can also be converted into a forward-looking version of real exchange rate misalignment model to investigate whether the deviation of the real exchange rate from its fundamental value would contain an economically significant predictable component on forecasting the future stock price movement and the real output.