Property law, right of property, exclusive character, absolute character, abuse of right, legal disposition, property rights, real rights, property owner prerogatives
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Abstract
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Abstract
This document discusses the concept of the right of property, its evolution, and its importance. It highlights the exclusive and absolute nature of the right, its legal disposition, and the prerogatives conferred on the owner.
Extract
[...] Taking a little of my fruit? The jurisprudence has had the opportunity to discuss this during the Café Gondrée case : It all started with a photo of a café that had been the first house liberated in Normandy at the end of World War II. Someone took a picture of this café without the owner's permission and made postcards to sell. However, the owner of the Café Gondrée did not want images of it to be disclosed. After several trials, the case reached the Court of Cassation. [...]
[...] Comparison with the theory of appearance In article 2276, it is not necessary to characterize a common and invincible error. The game of article 2276 can be triggered much more easily. We require the good faith of the possessor, so in the end, only his error is sufficient. In addition, in the theory of appearance, it is not required that the acquirer has been put in possession. It is enough that the contract has been concluded. The theory of appearance is easier to satisfy in this regard. [...]
[...] There is also the right of usufruct. The usufruct is sometimes qualified as a division of property. This will be less complete than the right of ownership. The usufruct has the characteristic of being inscribed in time. There is usufruct when one detaches the usufruct from full ownership. The usufruct implies two periods: - The first: the usufructuary will have for himself alone important prerogatives. He will be able to use the property for himself and receive its fruits. On the other hand, since he is not full owner, he does not have the right to dispose of the property of the good (destroy, give, sell) - The second: the usufruct will expire at the death of the usufructuary. [...]
[...] It was suspended. This must be combined with the prescriptive extinction. The possibility of restoration is only conceivable if a 30-year period has not elapsed. The question that has been raised in jurisprudence is whether, in addition to the impossibility of use, one should also assimilate uselessness. The text of Article 703 only aims at impossibility. The exercise of a servitude can remain possible even if it has become useless. Example A servitude of abstraction was established a long time ago. [...]
[...] The same applies to improvements. The complete renovation of heating installations, the replacement of elevators, the repaving of a house, the complete destruction of a house and its reconstruction, expanding it and adding a pool, are not major repairs according to the Code and jurisprudence. There are, however, isolated decisions of the Court of Cassation that deviate from this list. For example, in a judgment of July a vineyard was entirely decimated by the phylloxera. The reconstitution of this vineyard was considered by the Court of Cassation as a major repair. [...]
