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To the non-Brit, the whole freehold/leasehold distinction boggles the mind. The more I think about it, and after 18 months of exposure, the more I think it's a brilliant system, except for the little detail that most freeholders are hereditary nobles or institutions that got their freeholds from the Crown, as opposed to "the commons".

Those whom the Gods wish to destroy They first make mad. — Euripides
by Migeru (migeru at eurotrib dot com) on Tue Sep 19th, 2006 at 11:44:34 AM EST
[ Parent ]
It's not just about Freehold/Leasehold of course, which are the two remaining statutory forms of tenure post 1925.

We distinguish "Law" from "Equity" through the quite extraordinary judge-made body of "Common Law" which covers, among other things, rights of use of Land and the whole concept of "trusteeship".

And yet it is a French law concept which I think is behind the extraordinary new legal possibilities I observe.

The French distinguish "contrats de mandat" ie contracts imposed by force of law (and both existing English forms of property rights - statutory and "equitable" are of this type, backed by sanction) from consensual "contrats de societe".

The UK LLP "Open Corporate" came about following the introduction of the Jersey LLP (grounded at least in part upon French law, I think) and I believe that the innovation I observe is based upon the fact that an "Open Corporate" like this is in fact a consensual "contrat de societe".

I wish I had enough grounding in jurisprudence and even philosophy to adequately explain.

Suffice to say that I believe that the "indefinite" property right - you share the usufruct for as long as you use the land, and the capital invested in it - inherent in the structures I am developing is in fact optimal and transcends the faultlines and conflicts in existing absolute forms.

The outcome is a "continuity" - or even timelessness - which has not previously been available.

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Tue Sep 19th, 2006 at 02:35:32 PM EST
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