A Decade and Counting : Revisiting the Tenets of the Ecological Function of Ownership Paradigm (EFOP)

Abstract This note returns to and revisits elaborations on the Ecological Function of Ownership Paradigm (EFOP) that were gestated over a decade ago. First, this note describes the reasons why it is possible to speak about ownership paradigms, tracing their understanding to the broader scientific and legal paradigms. In that part, the three preceding paradigms are mentioned (i.e., allocation, liberal, social function). Second, this note offers a conceptualization of the EFOP. In that part, the interplay between ownership and environment is highlighted. Finally, this note explores how awareness of the EFOP may assist to better understand the interplay of ownership and environment. In that part, the Argentine private law re-codification experience is used as an illustration of the presence of the EFOP. This note aims to trigger awareness on the malleability and resilience of ownership when facing environmental needs.