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Les objets juridiques : Recherches en droit des biens

Abstract : In French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals.
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https://halshs.archives-ouvertes.fr/halshs-02894494
Contributor : Flora Vern <>
Submitted on : Thursday, July 9, 2020 - 12:29:02 AM
Last modification on : Friday, April 9, 2021 - 10:34:40 AM

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  • HAL Id : halshs-02894494, version 1

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Flora Vern. Les objets juridiques : Recherches en droit des biens. Dalloz, 2020, 978-2-247-19866-5. ⟨halshs-02894494⟩

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