They're made possible because all but the most frivolous lawsuits are not disincentivized, but are in fact tolerated as a tacit, systemic feature by the state and the bar association. The example given is a stalling tactic. Stalling tactics also exist in China through property rights, it's a weird thing to hold up as contrast. Having a right to the house you own is such a fundamentally important thing to have in a society. That it can be abused because bureaucracy will tolerate it out of epistemic humility doesn't change that fact.