REAL RIGHTS UNDER THE FRENCH LEGISLATION

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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

French Civil Code real rights property ownership usufruct right of personal use right of residence servitude real rights to someone else’s property possession

EP ID EP477639
DOI -
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