We show that efficient exchange obtains independently of the degree to which a legal system protects the rights of owners. We study a number of different legal rules, including property rules (strong protection), liability rules (any party can take the owner's asset but must pay a legally determined compensation), and even rules that protect the owner's interests very weakly (liability rules with a very low compensation level). Efficiency is obtained as long as the degree of protection provided by law and by the bargaining protocol is not "too" inversely correlated with a party's valuation of the asset.
Bar-Gill, Oren, and Nicola Persico.
"Exchange Efficiency with Weak Ownership Rights."
American Economic Journal: Microeconomics,
Firm Behavior: Theory
Exchange and Production Economies
Intellectual Property and Intellectual Capital
Capitalist Systems: Property Rights