Commentary on 'the 1st instance ruling' Civil Chamber of the Court of Cassation (Civil Code, 2019): The Right to Image as a Patrimonial Right
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Themes
Patrimonial rights, right to image, Civil Code, 1st instance ruling, Civil Chamber of the Court of Cassation, law course, patrimonial law, extrapatrimonial law, quasi-contract, unilateral acts, synallagmatic acts, legal acts, classification table
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Abstract
This document provides a commentary on the 1st instance ruling of the Civil Chamber of the Court of Cassation, focusing on the right to image as a patrimonial right. It explores the concept of patrimonial rights, including the right of claim, unilateral acts, and synallagmatic acts, and discusses the evolution of the Civil Code since its creation in 1804. The document also delves into the concepts of quasi-contract, extrapatrimonial law, and patrimonial law, and provides a classification table for legal acts. Written in the context of a law course, this document offers a comprehensive analysis of the right to image and its implications in the legal system.
Extract
[...] Not all articles of the Civil Code date from the same era because it has evolved since its creation in 1804. 2. The oldest articles of the Civil Code are those related to property rights because it is a principle dating back to the French Revolution of 1789. 3. The oldest texts are cited in the 'un-coded texts' section at the end of the Civil Code. For example, we can cite a 1539 text 'ordinance on the fact of justice (called ordinance of Villers-Cotterêts) which dates from August 1539. [...]
[...] Article 815 of the Civil Code has 18 paragraphs = article 815-18 of the Civil Code. Yes, article 815-1 of the Civil Code is the first paragraph of article 815 of the Civil Code. Article 716 of the Civil Code has no paragraph. 11. No, we cannot use these numbers because it is a numbering specific to each publisher of the Civil Code, so it may vary. 12. The numbers correspond to the article numbers present on the pages. 13. Yes, there are bibliographic elements. 14. [...]
[...] We find the plan of the Civil Code at the beginning of the Civil Code. 7. Book II of the Civil Code is titled 'Of Goods and the Different Modifications of Property'. 8. « Book of persons, Book II: of goods and the different modifications of property, Book III: of the different ways in which one acquires property, Book IV: of sureties, Book provisions applicable to Mayotte. (Civil Code, 2019). 9. The articles of the Code are on one column and the jurisprudence comments are on two columns. [...]
[...] Right of claim: « It is a personal right by virtue of which a person (the creditor) can demand that another person (debtor) perform a service. (Code civil, 2019) Employment contract (Code civil, 2019) 2. Personal law : « a right inherent to a person that is proper to them Example: contract of a telephone subscription (Civil Code, 2019) 3. Right of Personality : « rights inherent to the human person which belong by right to the physical person (Civil Code, 2019) author's rights 4. [...]
[...] The proof in this court decision is that the parents act to preserve their right to image as well as the right to image of their minor child. Exercise 4 Search for the meaning of the following terms and propose a table to classify them - « Legal act: an act of will intended to produce a legal effect. (Civil Code, 2019) - « Legal fact: any fact to which the law attaches a legal consequence. (Civil Code, 2019) - Quasi-contract: refers to a legal fact as an obligation that arises for the person who benefits from a completed fact by another person outside of any contract in a voluntary manner. [...]
