Indivision, Roman Law, Civil Code, French Law, Property Rights, Co-ownership, Historical Evolution, Law Reform, Property Law, Legal History
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Abstract
This document provides an in-depth analysis of the historical development of indivision, from ancient Roman law to modern French law, highlighting key milestones and reforms.
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[...] §2 - Indivision since the law of 31 Dec. 1976 This law underwent some modifications beforehand, notably by the the law of 10 June 1978 which clarified the competence of the Judicial Court in the event of a suspension of sharing. If one considered that indivision should have a temporary character, it is the the law of 23 June 2006 which has ratified this temporary character. The acts of current operation can now be conclus to a majority of two-thirds of indivisible rights and no longer by unanimity in order to avoid the blockages related to a veto right inherent to the imperative of unanimity. [...]
[...] These assumed that movable goods were to be shared by people living together for a year and a day at 'same bread and same pot'. These communities did not allow for determining shares in favor of the members of the community, as the community itself was considered the owner of the concerned goods. §2 - The consecration of the temporary nature of indivision From the 16th century, the jurisprudence began to retain the nullity of clauses which prohibit sharing. Thus, the Romanist character of indivision then prevails and confirms the uncertain and temporary nature of this situation. III. [...]
[...] Unlike the co-ownership of built property regulated by the legislator, the indivision appears as unorganized. IV. SECTION PROPOSALS FOR REFORMS OF THE CIVIL CODE OF 1804 §1 - The project of the Legislative Studies Society Since the drafters of the Civil Code of 1804 had not determined - in a precise manner - the legal regime applicable to indivision, a reform project of indivision was drawn up by the Legislative Studies Society in 1930. It proposes that a gérant de l'indivision (equipped with the power to perform the acts of administration) and the implementation of the right of preemption in favor of the co-owners. [...]
[...] Historical evolution of indivision HISTORICAL EVOLUTION OF INDIVISION I. SECTION INDIVISION IN ROMAN LAW §1 - Initial approach In ancient Roman law, the consortium corresponds to the first manifestation of a kind of hereditary indivision that is constituted by full right at the death of the pater familias. This mechanism allows for a common life without possible sharing. Jean GAUDEMET reminds that the concerned heritage is indivisible, inalienable, in order to avoid the fragmentation of a community of goods within an essentially rural population. [...]
[...] civil enacted the faculty of invoking the partition. §2 - The preponderance of the temporary nature of indivision In the spirit of the drafters of the Civil Code, the partition action constituted the term deemed normal for such a situation. These reticences were notably justified by certain considerations political henceforth that indivision necessarily affected the absolute character of property - proclaimed in 1789 - and constituted an obstacle to individual freedom of the primacy conferred on individualism. According to the terms of an author, property was 'difficult to conceive as a right that could belong to a group. [...]
