La forme des communaux dans le droit civil des biens

Vern, F. (2021) La forme des communaux dans le droit civil des biens. In: Joye, J.-F. (ed.) Les «communaux» au XXIe siècle: Une propriété collective entre histoire et modernité. Presses Universitaires Savoie Mont-Blanc: Chambéry, pp. 295-316. ISBN 9782377410712 (doi: 10.57726/9782377410712)

Abstract

Shapes of Communaux (Collective Property) in the French Civil Law of Property—Usually ignored by French civil law, the ‘communaux’, which are a form of collective property or possession, may take various shapes, especially insofar as they may be either publicly or privately owned. This study draws up an inventory of the most common forms of collective property and suggests a framework that may apply to all of them, whether they fall into the legal category described by the civil code (which includes forms of communal or municipally owned property) or whether they are subject to private property, for instance, in some forms of unbounded lands or co-ownership. No matter in which way the land is owned, collective property always grants the beneficiaries in an in rem right to use the land. However, this right is very much tied to personal elements, such as residence within a specific territory or conditions relative to the collection of products of the land. The legal regime of collective property is essentially marked by the fact that such property is non-rival between the beneficiaries. Collective property also serves a social function, especially in mountain territories where it consists in a resurgence of dominium utile. The structure of ownership seems to fade away, whereas common possession appears the most important factor in determining each person’s rights.

• Item Type: Book Sections
• Keywords: French property law, land-based commons.
• Status: Published
• Glasgow Author(s) Enlighten ID: Vern, Dr Flora
• Authors: Vern, F.
• Subjects: K Law > K Law (General)
• College/School: College of Social Sciences > School of Law
• Publisher: Presses Universitaires Savoie Mont-Blanc
• ISBN: 9782377410712
• Copyright Holders: Copyright © 2021 Université Savoie Mont Blanc
• Publisher Policy: Reproduced with the permission of the publisher