REAL RIGHTS UNDER THE FRENCH LEGISLATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
In this article the author examines the provisions of the French Civil Code, which deal with the legal regulation of real rights. The author defines the constituent elements of the system of real rights under the laws of France, reveals their essence and features. Attention is drawn to the fact that the main thing in real light is the right to property, which the French Civil Code defines as the most absolute domination of the person over the thing. All other elements of real rights, despite their absolute character, presuppose domination over the thing in a lesser extent of legal authority and are regarded as a restriction of right to property. The system of real right under French Law includes: 1) right to property; 2) the right to use other person’s things (usufruct, right of personal use, right of residence), easements; 3) other real rights (mortgage, emfitvizis and building right). Usufruct is established by law, by the will of a person and, in some cases, by the time of possession. The subject of usufruct can include both: non-consumable and consumer things. Money, stocks, bonds, shares and intellectual property rights as objects of usufruct determine the peculiarities of their legal regulation. The French Civil Code is characterized by a variety of approaches to the classification of servitudes, distinguishing urban and rural, continuous and those, which are carried out with interruptions, explicit and implicit, public and private easements. The French Law considers the institute of possession as an actual maintenance or use of a thing or a right for yourself.
Authors and Affiliations
Р. М. Гейнц
Keywords
Related Articles
- EP ID EP477639
- DOI -
- Views 99
- Downloads 0
SUBJECTS OF AUTHORITY AS ADMINISTRATIVE PLAINTIFFS IN THE ADMINISTRATIVE PROCESS OF UKRAINE
The article is devoted to the consideration of theoretical and practical questions regarding the definition of the subjects of power authorities as administrative plaintiffs in the administrative process of Ukraine. The...
TO THE QUESTION OF LEGAL NATURE OF UNJUST ENRICHMERNT OBLIGATION’S OBJECT
This article analyzes the issue devoted to the disclosure of the legal nature of condiction obligation’s object. In particular there are analyzed the objects of civil rights that could be considered as wrongly acquired (...
Regarding the responsibility of the public administration for a violation of rights, freedoms and interests of individuals, the rights and interests of legal persons in the sphere of public relations
Each person is by nature individual, quaint and unique. What's more, each of us has a destiny, a goal, and therefore a task. In this context, it will not be unnecessary to remind people that they are part of your nation,...
PROSPECTS OF REGULATORY FRAMEWORK DEVELOPMENT IN THE CONTEXT OF ADMINISTRATIVE SREVICES PROVISION THROUGH ELECTRONIC ONLINE SERVICES
The effective functioning of e-government, as well as traditional, its electronic online services is possible through the relevant rules and regulations. In the context of the issues raised in our article – they are proc...
OURCES OF RIGHT IN ADMINISTRATIVE RULE-MAKING: MODERN GOING NEAR UNDERSTANDING IN SCIENCE OF ADMINISTRATIVE LAW
The article is sanctified to the pressing questions of essence of sources of right in the administrative rule-making. In the article an author is ground the necessity of development of conception of sources of administra...