Varallisuusoikeuden huomen
Avainsanat:
varallisuusoikeus, yleiset opit, vastuu, oikeusperiaatteet, policyAbstrakti
The Future of Property Law
The possessive individualistic principles of property law (property law sensu largo, that is, including not only norms on ownership but also contract law and tort law) have enabled and legitimised the overuse of natural resources. Our anxiety and worries about the future of property law should be focused on the active facilitation of new policy doctrines. A policy doctrine is more than just another legal argument referring to the aims and objectives of the legal norm being applied. A policy doctrine is less than a full-scale legal principle, however. In property law the new policy doctrines embrace and cherish the ideas of sustainability and responsibility and are thus answers to the global challenges of our epoch like climate change, pandemics, or gross violations of international law.
The article gives examples of new policy doctrines in liability law: global value chain (GVC) liability, robotic liability, and platform liability. GVC liability directs the responsibilities and liabilities of global value chains to the key enterprise in charge and in control of the whole chain. Robotic liability tries to end the unending discussions on the common criteria for an individual or a firm to be held liable in cases of robots causing harm. Instead, in robotic liability the robot itself is seen as a legal person with the capacity of being liable – leading of course to subsequent questions of insurance arrangements before the robot can be put into use. Platform liability structures the legal roles of the sharing economy in a new way without being stuck in the old distinctions between contract types of B2B, B2C and C2C. In the sharing economy, the platform itself should bear inalienable liabilities towards both the individual service provider and the individual service user because of, and to the extent of, the factual power position taken by the platform owner. Relating to ownership, the article refers as examples ideas
