Administrative Law of Property: Role of Jurisprudence

Extract

[...] This quote highlights the importance of the place of jurisprudence in law. Jurisprudence is a creative source of law, but it has even more weight in public law, as many areas of public law have most of their foundations in jurisprudence, administrative law like administrative law of property is a pretorian law by nature." This proposition will address the place of jurisprudence in administrative law of property, that is to say what is its role and what functions it can fulfill. [...]

[...] Therefore, administrative law of property refers to a specific branch of administrative law related to the public person's goods. It is interesting to address the theme of the place of jurisprudence in administrative law of property because administrative law of property, as administrative law, is a pretorian law. That is to say that jurisprudence is the very source of the matter, so it occupies a central place. In addition, in 2006, the CG3P (General Code of Property of Public Persons) was adopted, it may seem coherent to study the place that jurisprudence will take alongside this work. [...]

[...] If the CG3P is a codification it opens up new perspectives for administrative law of property A. A thoughtful codification The CG3P was adopted by ordinance on April It stems from a decision of the Constitutional Council, the deprivation decision of June which enshrines public ownership on two distinct areas: public domain and private domain. This codification was highly anticipated for the reasons mentioned above, but also because it finally sets a framework for the administrative law of property. The CG3P is described as a text 'having its quality and coherence' (P. [...]

[...] If the principle remains the same, the designation has been modified and once again this can harm the clarity of the law and legal security. Finally, we can see that jurisprudence had become insufficient to govern public property law, which is why the CG3P (General Code of Public Property) was imposed. II. A modernization coupled with a framework for administrative law of property The CG3P is a real revolution in the field of administrative law of property, it is the codification of several centuries of jurisprudence and a large quantity of legal principles and theories. [...]

[...] New perspectives for administrative property law Through the codification of the CG3P, jurisprudence has inevitably lost its splendor, it passes from primary source of law to secondary source. While codification certainly allows for gains in efficiency on many points, we cannot deny that the character of the administrative law is tarnished by this codification. However, it is not the entire administrative jurisprudence that collapses with the adoption of the CG3P, administrative jurisprudence still applies to the extent that it is not contrary to the code. [...]