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房地产领域里产权的安排、重组或变迁,不仅会带来资源效率,而且会产生房地产业发展的持续推力,这种双重效应在由计划经济向市场经济转轨的过渡期尤为明显。具体说,这类效率可划分为以下三个层次: 一是初始效率。科斯指出,在法律裁决以后,经济当事人之间可以通过自由交易实现资源的最佳配置,其后果是,这种自由交易肯定没有损害任何一方,并且至少使一方受益。财产法的主要功能之一是创立、保护以及促进这个交易的结构。符合这种原则的住宅产权初始安排是商品化,因为只有商品才能自由交
The arrangement, reorganization or change of property rights in the real estate field will not only bring about resource efficiency, but also generate sustained push for the development of the real estate industry. This double effect is particularly evident during the transition from a planned economy to a market economy. Specifically, this efficiency can be divided into the following three levels: First, the initial efficiency. Coase pointed out that after the legal verdict, the optimal allocation of resources between economic parties can be achieved through free trade, with the result that such free trade certainly does not harm either party and at least one side benefits. One of the main functions of property law is to create, protect, and promote the structure of this transaction. The initial arrangement of residential property that is in line with this principle is commercialization, because only the goods are free to pay