Essai d'une théorie des droits sans sujet en droit français des biens = A theory of rights without a subject in French property law

Vern, F. (2022) Essai d'une théorie des droits sans sujet en droit français des biens = A theory of rights without a subject in French property law. Communitas, 3(2), 2022.

Abstract

This paper is a study of ‘rights without a subject’ in French property law. Such rights without a subject refer to a juristic relation which has the same characteristic features as a subjective right (e.g. property), except there is no individual subject, either because it would be superfluous, or because the subject is yet to be designated. Property law can, in fact, handle such rights without a subject very well: either 1. because a thing is supposed to be used in a certain way and can be thus administered without a designated beneficiary; or 2. because the beneficiary is yet unknown and a fiduciary administrator is designated to act in their stead by administering or preserving the thing in accordance with the purpose assigned to it.

• Item Type: Articles
• Additional Information: Conference paper presented on April 10, 2021 as part of the seminar: What future for subjective rights? organized by the private law think tank of the University of Quebec in Montreal under the direction by Gaële Gidrol-Mistral.
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Vern, Dr Flora
• Authors: Vern, F.
• College/School: College of Social Sciences > School of Law
• Journal Name: Communitas
• Publisher: Universite du Quebec a Montreal
• ISSN: 2563-9250
• Copyright Holders: Copyright © 2022 Universite du Quebec a Montreal
• First Published: First published in Communitas 3(2), 2022
• Publisher Policy: Reproduced with the permission of the publisher

Related URLs

• Publisher