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To be guided by this rule it is possible, only if court Who has the perfect information on the one - the claimant or The respondent - would be ready to pay a great sum for Possibility of possession the right. However and in conditions Uncertainty, theorists of economy of the right consider, court
Let's tell, if the parity of benefits is not known precisely and should
To be assigned to the party, capable it is better to estimate them; if
It is not known also, responsibility should be assigned on
The party which with lower costs can correct
Errors in initial distribution of competences etc.
Choice of ways of legal protection of the property rights also
Should go criterion of economic efficiency.
G.Kalabrezi and E.Melamed was allocated with three basic forms of protection
The state of powers which members of a society have
According to terminology of these authors, the competence is protected
Property rule if the competence can be received from
Its owner only as a result of the voluntary transaction on
To mutually co-ordinated price. Such form of protection gives
The least open space for the state intervention: it
Allows both parties to inform on value of competence for
To each of them also gives to the seller the veto, if it
It is not satisfied by a suggested price: "a property Rule
Assumes the collective decision on the one to whom should be
The initial competence, but not about what it is given
Value "(16, with. 1094).
When someone can appropriate competence on objectively
To the established price (for example, having paid indemnification for
Possibility to pollute emissions environment), it
It is protected by a responsibility rule. After the price
It is defined, the owner competences (seller) loses the right
The veto. He cannot demand from the buyer to rise the price in
Case of disagreement from it. Volume of the state
Interventions increases: it defines not only
Initial distribution of the property rights, but also
Establishes besides will of participants of the transaction of the price, on which
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