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Journal articles on the topic 'Property law - France'
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1
Koryogdiev, Bobur. "OWNERSHIP AND OTHER PROPERTY RIGHTS IN FRANCE." Jurisprudence 2, no. 5 (October 25, 2022): 44–52. http://dx.doi.org/10.51788/tsul.jurisprudence.2.5./lbpv1572.
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In this scientific study, the civil law of France has been investigated according to the current French civil code. The article analyzes material rights, in particular, property rights and methods of their protection, as well as the influence of Roman law, revolutionary legislation, and norms regulating canon law, for the formation of a new bourgeois law free from feudal prohibitions and restrictions. Also, the peculiarities of French civil law, including the institutional nature of private law and dualism in law, have been analyzed. Although the legal system of the Republic of Uzbekistan is similar to the legal system of the French Republic from the point of view of the same legal family, some differences related to material law have also been analyzed, taking into account the adaptation of the law to the social life and national values of each country. In particular, the concept of the right of ownership existing in the civil legislation of our country is different in the Republic of France, and there is also a theory that such a right does not exist because even intangible things are recognized as property. In addition, it has been studied that in the Republic of France, the acquisition of property rights using the period of ownership is 30 years in relation to immovable property, with greater protection of the owner’s interests, if the factual owner is honest (good faith) and it is a factor that shortens the period.
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Duflot, A. "ARTIFICIAL INTELLIGENCE IN FRENCH LAW." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 7, 2021): 47–55. http://dx.doi.org/10.17803/2311-5998.2021.77.1.047-055.
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The use of artificial intelligence in France is growing and intensifying in many areas, particularly in the field of justice. This revolution create problems with the liability and intellectual property of systems using artificial intelligence.
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Bullock, David AC. "A Defence of Statutory Property." Victoria University of Wellington Law Review 48, no. 4 (December 1, 2017): 529. http://dx.doi.org/10.26686/vuwlr.v48i4.4728.
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In "Statutory Property: Is it a Thing?" (2016) 47 VUWLR 411, Ben France-Hudson argues that tradable environmental allowances, like emissions units and fishing quota, are not "statutory property" and should instead simply be described and understood as "private property". In doing so, France-Hudson draws on a theory of private property as embodying norms of social obligation. This article defends the view of tradable environmental allowances as statutory property – though that term has a number of definitions – and argues that property in tradable environmental allowances can be explained by an orthodox understanding of the law of property.
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Boiarchuk, С. М. "Protection of intellectual propertyrights: peculiaritiesofimplementation in Ukraine, the USA and some countries of the European Union (Germany, France)." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 184–88. http://dx.doi.org/10.24144/2788-6018.2023.06.32.
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In our work, we consider the peculiarities of the protection of intellectual property rights in Ukraine, USA and EU countries (Germany, France).
Intellectual property is a unique creation of the human mind and one of the important achievements of every developed and democratic country. The field of law in the field of intellectual property is currently in a state of active and unceasing development: legislative norms are constantly regulated, the experience of successful countries in the field of intellectual property is analyzed and borrowed. Taking into account the possibilities of modern technologies, intellectual property rights are increasingly subject to violations, which determines the specifics of their protection in Ukraine and the countries of the European Union (USA, Germany, France).
Taking into account the above and on the basis of scientific approaches and legally established provisions, the concepts of «intellectual property», «intellectual property right», «protection of intellectual property rights» have been defined. In the course of the analysis of national and foreign legislation, normative legal acts were established, according to which intellectual property rights were established in the studied countries.
Detailed attention is paid to the peculiarities of the protection of intellectual property rights in Ukraine, the USA, Germany and France, and to the identification of similar features and opportunities for borrowing better experience in the protection of intellectual property rights.
Attention is focused on the peculiarities of judicial protection in Ukraine under the conditions of martial law.
The article analyzes the methods of protecting intellectual property rights, taking into account the peculiarities of Ukraine, the USA, Germany and France, namely, the civil-law, criminal and administrative means of protection of Ukraine and the USA, the organizational and economic mechanisms of Germany and Ukraine, proposed for even more effective protection intellectual property rights and the reduction of violations in this area, to implement the successful experience of France regarding the obligation of citizens to patent and obtain a license for inventions and the experience of the French Republic in improving the judicial system and judicial protection of intellectual property rights.
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Cox, Douglas. "“INALIENABLE” ARCHIVES: KOREAN ROYAL ARCHIVES AS FRENCH PROPERTY UNDER INTERNATIONAL LAW." International Journal of Cultural Property 18, no. 4 (November 2011): 409–23. http://dx.doi.org/10.1017/s0940739111000245.
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AbstractIn June 2011, France returned to South Korea nearly 300 volumes of Korean royal archives from the Joseon Dynasty. French forces had seized them in an 1866 military campaign, and the volumes had resided in the Bibliothèque nationale de France (BnF) ever since. The return is not a legally permanent restitution, but rather a five-year renewable loan. The compromise followed years of unsuccessful negotiations and a noteworthy decision of a French administrative tribunal that found that the seized Korean archives constituted inalienable French property. The legal debate over the Korean manuscripts illustrates the unique complexities of treating archives as a form of cultural property in armed conflict. In the end, the imperfect compromise satisfies neither side: The BnF is deprived of custody of items that have formed part of its collections for more than 140 years while technically, and perhaps uselessly, retaining formal legal title; South Korea, meanwhile, has physical custody of the archives while suffering the indignity of being denied ownership over its own national heritage.
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Thijs, Hannelore. "The Franco-German Common Optional Matrimonial Property Regime: A Guide for Future European Harmonization." European Review of Private Law 29, Issue 3 (July 1, 2021): 489–516. http://dx.doi.org/10.54648/erpl2021025.
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In 2010, France and Germany introduced a common optional matrimonial property regime of participation in acquisitions in both countries. One of its goals was to establish European harmonization, up until then a rare occurrence in the broad field of family law. The harmonization journey was continued by Belgium in 2018, when the Franco-German agreement was taken over in the Belgian Civil Code. This article evaluates the Franco-German regime from both an internal and an external point of view in order to determine the success of this operation. In the internal analysis, the regime will be presented as a modern and balanced compromise between the French and German domestic participation in acquisition regimes. In the external analysis, the regime will be qualified as a legal transplant in Belgium that at this moment in time does not survive the operation. Despite this seemingly negative evaluation, the regime may still increase its success rate, provided all actors involved take the required measures. In any case, the regime should be welcomed as harmonization initiative, considering that new projects may learn from its successes as well as from its stumbling blocks.
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Jakubowski, Olgierd. "Karnoprawna ochrona dziedzictwa kulturowego przed zniszczeniem w wybranych państwach europejskich – zarys zagadnienia." Studia Prawnoustrojowe, no. 44 (January 6, 2020): 153–69. http://dx.doi.org/10.31648/sp.4901.
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Properly constructed criminal law provisions can prevent the destruction of heritage. The laws of the European Union are not an appropriate toolto reduce this phenomenon, although an analysis of criminal laws of individual countries may help in developing effective solutions in the Polish legalsystem. This article presents the criminal law solutions to protect againstthe destruction of heritage in France, Italy and Austria. Comparison of theprovisions in these European countries allows the effective scope of protection of their cultural property to be indicated and to assess the possibility ofincluding some of the standards to the Polish system of heritage protection.
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Glucksmann, Eloïse. "Commisimpex v. Republic of Congo." American Journal of International Law 111, no. 2 (April 2017): 453–60. http://dx.doi.org/10.1017/ajil.2017.30.
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The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both diplomatic missions and delegations to international organizations). In 2015, the French Court of Cassation relaxed the criteria it had previously required for giving effect to waivers of sovereign immunity in such situations, thus facilitating the ability of judgment creditors to attach foreign state property in France. Its decision in the Commisimpex v. Republic of Congo case appeared to put an end to that requirement by abandoning the criterion of a “specific” waiver on the ground that “customary international law does not require a waiver of immunity from execution other than express.” In December 2016, however, the French government enacted new legislation reinstating the need for a specific waiver of immunity for the attachment of the property as well as bank accounts of foreign embassies and diplomatic missions and additionally requiring a court order authorizing the attachment or seizure. As a result, France has now embraced a distinctly more protective approach to the immunity of foreign state assets from attachment and execution of judicial judgments.
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Kerr, John. "The state of heritage and cultural property policing in England & Wales, France and Italy." European Journal of Criminology 17, no. 4 (October 1, 2018): 441–60. http://dx.doi.org/10.1177/1477370818803047.
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Presenting a large threat to irreplaceable heritage, property, cultural knowledge and cultural economies across the world, heritage and cultural property crimes offer case studies through which to consider the challenges, choices and practices that shape 21st-century policing. This article uses empirical research conducted in England & Wales, France and Italy to examine heritage and cultural property policing. It considers the threat before investigating three crucial questions. First, who is involved in this policing? Second, how are they involved in this policing? Third, why are they involved? This last question is the most important and is central to the article as it examines why, in an era of severe economic challenges for the governments in the case studies, the public sector would choose to lead policing.
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Smolyakov, Aleksandr. "Responsibility for theft of non-cash funds and digital currency in the countries of the Anglo-Saxon and continental systems of law." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (March 24, 2022): 151–56. http://dx.doi.org/10.35750/2071-8284-2022-1-151-156.
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The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed.
Based on the analysis, the author concludes that in the legislation of foreign states of the Anglo-Saxon and Romano-Germanic systems, the subject of property crimes is defined through the category of «property». In England and the USA, property in general (including non-cash funds and cryptocurrency) can be the subject of any property crimes. In the countries of the continental system (in particular, in the Federal Republic of Germany, Austria, France), within this group of crimes, a subgroup of criminal acts that encroach only on things (for example, theft) is distinguished. It seems that in the domestic criminal law it is also necessary to single out a group of property crimes, which will include crimes against property. Accordingly, in order to solve the problem of the inconsistency of the title of Chapter 21 of the Criminal Code of the Russian Federation with its content, since the norms of this chapter protect not only objects of property rights (in particular, property rights), but also property rights (claim rights, etc.) that make up the content of obligations relations . It is proposed to clarify the title of Chapter 21 of the Criminal Code of the Russian Federation, heading it «Property Crimes» (taking into account the studied foreign experience). Thus, non-cash funds, which are not things and which are subject to the civil law regime of property rights, are more logical to recognize as the subject of 2property crimes», and not crimes against property.
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Buller, Henry. "Urban land and property markets in France." Land Use Policy 12, no. 1 (January 1995): 90–91. http://dx.doi.org/10.1016/0264-8377(95)90019-5.
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Voropaev, Konstantin. "Judicial and legislative approaches to employee patent rights in France." Queen Mary Journal of Intellectual Property 13, no. 3 (October 12, 2023): 348–57. http://dx.doi.org/10.4337/qmjip.2023.03.04.
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This article examines the evolving landscape of employee patent rights in France, focusing on both judicial and legislative approaches. It highlights the challenges posed by intellectual property creation within legal frameworks that lack clear provisions for ownership. The article explores the changing nature of employee patent rights in France through the lens of case law and legislative amendments. It emphasizes the importance of judicial practice in addressing legislative gaps and providing clarity on various aspects of employee patent rights, including ownership, remuneration, formal procedures, and dispute resolution. Drawing comparisons with the German system, the article underscores the role of case law as a critical source of law in shaping the legal framework for employee patent rights. It concludes by highlighting the significance of ensuring inventors’ rights and fair compensation to foster innovation.
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Rahmatian, Andreas. "The property theory of Lord Kames (Henry Home)." International Journal of Law in Context 2, no. 2 (June 2006): 177–205. http://dx.doi.org/10.1017/s1744552306002047.
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Lord Kames (Henry Home) (1696–1782) was a well-known jurist, philosopher and judge in the Scottish Enlightenment, whose writings on aesthetics and literary criticism, especially, were very significant in the eighteenth century and later, not only in Britain and the United States, but also in France and Germany. His works on law and legal history were important mainly during his lifetime, but at least one aspect of his legal writings deserves special attention today: his concept of property, which he never stated as one comprehensive theory. Nevertheless, it pervades most of his work. This article seeks to extract and piece together, from a number of his legal and non-legal works, the elements of this quite original property theory which comprises legal-doctrinal, philosophical-theoretical, historical, sociological and psychological, aesthetic-moral and economic aspects. Together these elements can be restated as a surprisingly coherent property system, which may enrich discussions in modern property theory.
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Berger, Susanna. "Becoming Property: Art, Theory, and Law in Early Modern France, by Katie Scott." Art Bulletin 102, no. 2 (April 2, 2020): 152–54. http://dx.doi.org/10.1080/00043079.2020.1717325.
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Ishikawa, Atushi, Shouji Fujimoto, Arturo Ramos, and Takayuki Mizuno. "Quasi-Static Variation of Power-Law and Log-Normal Distributions of Urban Population." Entropy 23, no. 7 (July 17, 2021): 908. http://dx.doi.org/10.3390/e23070908.
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We analytically derived and confirmed by empirical data the following three relations from the quasi-time-reversal symmetry, Gibrat’s law, and the non-Gibrat’s property observed in the urban population data of France. The first is the relation between the time variation of the power law and the quasi-time-reversal symmetry in the large-scale range of a system that changes quasi-statically. The second is the relation between the time variation of the log-normal distribution and the quasi-time-reversal symmetry in the mid-scale range. The third is the relation among the parameters of log-normal distribution, non-Gibrat’s property, and quasi-time-reversal symmetry.
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Fassberg, Celia Wasserstein. "On Time and Place in Choice of Law for Property." International and Comparative Law Quarterly 51, no. 2 (April 2002): 385–400. http://dx.doi.org/10.1093/iclq/51.2.385.
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John takes Mary for a romantic evening walk in Covent Garden and declares that a diamond he owns, which is in a vault in France, is now hers. One month later, without having received the diamond, Mary leaves John for another. Within a year, John has engaged himself to Jane, upon whom he also bestows the diamond. John and Jane spend their honeymoon in Paris and, while they are there, John ‘delivers’ the diamond to Jane. Mary sues Jane in England for conversion and asks that Jane be ordered to return the diamond to her. According to English law, the transfer of title by way of gift depends on delivery.1 Thus, since only Jane took delivery, she has title and Mary's claim will be dismissed. In French law, by contrast, property in a gift passes without delivery.2 As a result, Mary has title to the diamond and Jane is holding it unlawfully. The case turns exclusively on the choice-of-law question, ‘Which law should govern?’
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Maydanyk, Roman A., Nataliia I. Maydanyk, and Natalia R. Popova. "Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law." Open Journal for Legal Studies 4, no. 2 (November 10, 2021): 61–80. http://dx.doi.org/10.32591/coas.ojls.0402.02061m.
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The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation of the best European practice of usufruct in the law of Ukraine. The law of European countries of continental law recognizes the usufruct as a real right of personal possession for use, which is considered an independent real right to another's property or a kind of easement. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Georgia, Moldova and Russia, are researched. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia, are researched. The issues of usufruct implementation in the law of Ukraine are considered. The issues of usufruct implementation in the law of Ukraine are considered. The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter “Uzufruct”, the framework provisions of which are proposed in this paper.
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Salomons, Arthur. "Deformalisation of Assignment Law and the Position of the Debtor in European Property Law." European Review of Private Law 15, Issue 5 (October 1, 2007): 639–57. http://dx.doi.org/10.54648/erpl2007034.
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Abstract: In the last two decades, several European countries have altered the general provisions on assignment or introduced new forms of assignment, in order to facilitate emerging financial instruments that involve the transfer of claims, especially securitisation. This is brought about by deformalisation, i.e. the abolition of formal requirements for the validity of assignment or the introduction of a new form of assignment with fewer formalities. The deformalisation relates inter alia to the requirement of notification of the debtor of the claim. In order to assess whether the interests of the debtor were harmed by this deformalisation, the position of the debtor between assignment and notification is described, analysed and compared for several European countries (France, England and Wales, the Netherlands, Belgium, Norway, Italy, Spain, Germany, Switzerland) as well as for the United Nations Convention on the Assignment of Receivables in International Trade of 2001, the third part of the Principles on European Contract Law of 2003 and the UNIDROIT Principles of International Commercial Contracts of 2004. It is concluded that the deformalisation movement was not in itself detrimental to the position of the debtor: the only exception is the situation in the handful of legal systems in which payment by the debtor to the assignee does not lead to his discharge when he was not instructed to do so, notwithstanding the fact that he had gained knowledge of the assignment by means other than notification. Résumé: Durant les deux dernières décennies, plusieurs pays européens ont modifié leurs dispositions générales sur la cession ou ont introduit des nouvelles formes de cession de créance afin de faciliter les instruments financiers émergents qui impliquent le transfert de créances et spécialement leur titrisation. Ceci a conduit à une déformalisation, par exemple, par l’abolition des exigences de formes pour la validité des cessions ou l’introduction d’une nouvelle forme de cession avec des formalités réduites. La déformalisation se rapporte entre autres à l’obligation de notification au débiteur de la créance. Afin de déterminer si cette déformalisation nuit aux intérêts du débiteur, sa situation entre cession et notification est décrite, analysée et comparée pour plusieurs pays européen (France, l’Angleterre et le Pays de Galles, les Pays-Bas, Belgique, Norvège, Italie, Espagne, Allemagne, Suisse), de même que pour la Convention des Nations Unies sur la cession de créances dans le commerce international de 2001, la troisième partie les Principes du Droit Européen des Contrats de 2003 et les Principes d’UNIDROIT relatifs aux contrats du commerce international de 2004. L’auteur conclut que le mouvement de déformalisation n’est pas en luimême dommageable quant à la situation du débiteur; la seule exception étant celle d’une poignée de juridictions dans lesquelles le paiement par le débiteur au cessionnaire n’entraíne pas sa décharge quand il n’avait pas reçu l’instruction de le faire ainsi, nonobstant le fait qu’il soit au courant de la cession par d’autres moyens que la notification. Zusammenfassung: In den letzten beiden Jahrzehnten haben zahlreiche europäische Staaten die allgemeinen Bestimmungen im Hinblick auf die Abtretung verändert oder aber eine neue Formen der A
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Zarkalam, Sattar, and Amin Rooholamini. "Protecting Related Creations to Fashion in the Framework of Literary and Artistic Property Rights of Iran and France." Journal of Politics and Law 10, no. 5 (November 29, 2017): 157. http://dx.doi.org/10.5539/jpl.v10n5p157.
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In today’s world where the process of development and the industry is evolving more rapidly than expected, the legal notions are going forward on their compliance in line with these developments. The increasing development of intellectual property rights and their samples is an example of this change. One of the most important issues and instances of this tendency in legal rights is associated with fashion productions and creations. France, as one of the greatest leading country in fashion industry since long time ago, has legally protected the dress and beautiful creations in the intellectual property rules and in the different time periods, under the various titles, including the drawings and models rights, industrial property rights, literary and artistic property rights. French jurisprudence has broadly interpreted the concept of the fashion industry and consequently, the dress and beauty creations that have evolved not only the goods, but all parties involved in the production of the fashion industry. In Iranian law also, although there is no progress in this field compared to French law, with an optimistic interpretation of the rules of its intellectual property, it can be associated with Droit d'-auteur rules in addition to the industrial property rights under different titles such as design and drawings, Applied artwork, folklore etc.
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Goossens, Elise. "A Model for the Use of the European Certificate of Succession for Property Registration." European Review of Private Law 25, Issue 3 (June 1, 2017): 523–51. http://dx.doi.org/10.54648/erpl2017036.
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Abstract: One of the most controversial elements in the Succession Regulation (SR), is the use of the European Certificate of Succession (ECS) for property registration. Article 69, 5 SR establishes the ECS as a valid document for the recording of succession property in the Member States’ registers, whereas at the same time, it makes a reservation for Article 1, 2, point (l) SR, which excludes the recording of property in the national registers from the scope of the Regulation. This paradox continues to trouble the legal doctrine, especially with regard to the registration of immovable property. The author has attempted to construct a comprehensive model for the interpretation of these provisions, by identifying and resolving the main conflicts that exist in the Member States between the ECS’s legal regime and the national provisions on property registration. Belgium, France, Germany and the Netherlands were used as case studies in this regard. This inductive approach has permitted to develop a model for the use of the ECS for property registration in the European Member States. Résumé: L’un des éléments les plus controversés du Règlement en matière de successions (RS), est l’usage du Certificat successoral européen (CSE) pour l’enregistrement d’un bien. L’art. 69, 5 RS prévoit que le CSE est un document valable pour l’inscription d’un bien successoral dans les registres des Etats membres, alors qu’en même temps, il fait une réserve pour l’art. 1, 2, point (l) RS, qui exclut du champ d’application du Règlement l’inscription de biens dans les registres nationaux. Ce paradoxe continue de perturber la doctrine juridique, spécialement en ce qui concerne l’enregistrement de la propriété immmobilière. L’auteur a tenté d’élaborer un modèle détaillé d’interprétation de ces dispositions, en identifiant et résolvant les principaux conflits qui existent dans les Etats membres entre le régime légal du CSE et les dispositions nationales de l’enregistrement d’un bien. A cet égard la Belgique, la France, l’Allemagne et les Pays-Bas ont servi d’études de cas. Cette approche inductive a permis de développer un modèle d’utilisation du CSE dans les pays membres européens pour l’enregistrement d’un bien.
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Kedia, Yuliia. "Work of collaboration in the creation of literary works under the legislation of Ukraine and France." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 24–30. http://dx.doi.org/10.33731/62020.233885.
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Kedya Y. Work of collaboration in the creation of literary works under the legislation of Ukraine and France. This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunityto crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.The research formulates a comprehensive overview of the defining and basic rulesof co-authorship, comparative analysis of (a) collective works with (b) works of collaboration,as well as analysis of shortcomings and advantages set forth by Ukrainianlaws. The author reviews and analyzes main provisions in Ukrainian legislation, suggestspossible solutions of the main problems, deliberates ways of laws developmentin future. The paper is based on author’s professional experience.Main conclusions of comparative analysis of legal regulation definition of co-authorship definition in Ukraine and France are as follows:
•According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;•The Copyright Law defines the concept and set forth the pre-conditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113-2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;•It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;•Research uncovered certain flaws in the conclusion of agreements between co-authorson creation of a collective work;•Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.Key words: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work
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Baudry, Jérôme. "Examining inventions, shaping property: The savants and the French patent system." History of Science 57, no. 1 (April 26, 2018): 62–80. http://dx.doi.org/10.1177/0073275318767233.
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In 1791, the Loi relative aux découvertes utiles instituted a new patent system in France. Because patents were seen as the expression of the natural right of inventors, prior examination was abolished. However, only a few years after the law was passed, an unofficial examination was reinstated, and it was entrusted to the Comité Consultatif des Arts et Manufactures – a consultative body composed of prominent scientists. I analyze the political significance of the involvement of the savants in the patent system, and based on the archives of the Comité, I study the scope and practicalities of the examination process, paying close attention to the ways through which the savants of the Comité directly intervened in the writing and drawing of specifications. I show how a distinct regime of intellectual property emerged in France and how it was constructed by the interests and norms of scientists, eager as they were to distinguish ‘science’ from ‘industry’ and establish the superiority of the former over the latter.
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Beckert, Jens. "The Longue Durée of Inheritance Law." European Journal of Sociology 48, no. 1 (April 2007): 79–120. http://dx.doi.org/10.1017/s0003975607000306.
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This article investigates discourses on inheritance law and legal development in France, Germany, and the United States since the revolutions of the late eighteenth century. I argue that in each of the three countries a different set of normative and functional issues relating to the bequest of property has dominated and expressed itself in nationally specific discursive fields. The respective “repertoires of evaluation“ were formed in the late eighteenth and early nineteenth centuries and show a surprisingly stable pattern that can be recognized even in today's debates on the issue. This I refer to as the longue durée of inheritance law. The distinct discursive fields exercise a dominant influence over the perception of problems associated with the transfer of property mortis causa and the strategies deemed feasible to solve them. Moreover, I argue that the different cultural frames matter for the institutional development of inheritance law. My aim is to contribute to institutional theory through investigation of a socially and economically important realm of legal regulation that has received little attention in recent sociological scholarship. The analysis is carried out within a multidimensional theoretical framework that acknowledges the influence of culture and ideas, but also considers changing socioeconomic conditions, as well as actor interests.
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Veraart, Wouter. "Two Rounds of Postwar Restitution and Dignity Restoration in the Netherlands and France." Law & Social Inquiry 41, no. 04 (2016): 956–72. http://dx.doi.org/10.1111/lsi.12212.
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The looting and systematic deprivation of the property rights of the Jewish population in the Netherlands and France during the years of occupation brought about a deprivation of dignity, since these measures were intended to hit these people in their capacities as legal subjects, destroying their abilities to take part in economic and social life. In the immediate postwar period, the restitution of property rights in both countries was closely connected and limited to an abstract conception of dignity restoration, understood as the renewed recognition of the dispossessed owners as free and equal citizen before the law. In the late 1990s, a new phase in the restoration of property rights took place on a much more collective and political level. In this second round of restitution, dignity restoration was directly connected with an explicit recognition of the particular, concrete suffering of the groups of victims involved.
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Michnevisch, L. "Legal regulation of copyright in the ukrainian lands of the Russian Empire." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 10, 2022): 13–18. http://dx.doi.org/10.24144/2307-3322.2022.73.2.
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The article explores the genesis of the legislative consolidation of copyright law in the Ukrainian lands that were a part of the Russian Empire. The thesis is substantiated that the legal regulation of copyright law in these territories was formed under the influence of both European legal traditions and imperial legislative norms. It was revealed that the formation of the idea of authorship in Russia occurred much later than in European countries. The reasons were the long-term attachment of copyright law to censorship legislation and the late commercialization of publishing. It was revealed that the right to literary property was first established in Russian legislation. The literary property was considered as acquired property. Later on, the right of musical and artistic property received legal protection. The thesis has proved that the proprietary concept of copyright law in Russia has been dominant for a long time. At the end of the 19th century, the question of the legal nature of copyright law became relevant, which ultimately formed the idea of separating property and non-property interests of the author in Russian law. Therefore, the evolution of copyright law in the Russian Empire is characterized by a transition from the protection of the interest of the distributor of the work to the protection of the interest of the author.
It was revealed that in the 19th century Russia was in certain isolation and did not participate in the most important international agreements on the protection of intellectual property, except for two bilateral conventions with France and Belgium on the protection of copyright law. It was established that the copyright law in 1911 brought the legal regulation of copyright law in the Russian Empire to the European level and introduced many progressive novellas that positively impacted the further development of the institution of copyright law.
All-Russian legislation of copyright law was also extended to Ukrainian-controlled lands. However, it is indicated that Russia introduced rather strict censorship rules for Ukrainian-language publications to their complete ban, therefore there is no need to talk about the protection of copyrights law of Ukrainian authors.
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Fötschl, Andreas. "The COMPR of Germany and France: Epoch-Making in the Unification of Law." European Review of Private Law 18, Issue 4 (August 1, 2010): 881–89. http://dx.doi.org/10.54648/erpl2010065.
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Abstract: France and Germany adopted a Common Matrimonial Property Regime in January 2010. Spouses can elect to have the new regime applied which combines French and German principles of matrimonial property. It is open for access to all the Member States of the European Union. The new regime can be relevant even in States that have not chosen to adopt it, when the parties could have opted for French or German law and preferred to choose the new regime. This bilateral cooperation in family law could be followed by further initiatives, as well in other fields of law. Résumé: La France et l’Allemagne ont conclu, en janvier 2010, un traité sur le régime matrimonial de la participation aux acquêts. Le nouveau régime est optionnel et devrait combiner des principes français et allemands de droit des régimes matrimoniaux. Les autres Etats de l’Union européenne sont invités à adhérer à la convention. Les époux des Etats non-adhérents ou d’autres Etats pourront aussi choisir le nouveau régime, si le droit international privé applicable leur permet d’opter pour le droit français ou le droit allemand. Cette coopération bilatérale en droit de famille pourrait suivie par de nouvelles initiatives dans d’autres branches du droit. Zusammenfassung: Frankreich und Deutschland haben im Januar 2010 ein gemeinsames Regime für das Ehegüterrecht beschlossen. Das neue Regime kann von den Ehegatten gewählt werden und soll französische und deutsche Grundsätze des Ehegü-terrechts verbinden. Das neue Regime steht Mitgliedsstaaten der Europäischen Union zum Beitritt offen. Auch ohne Beitritt und für andere Staaten kann das neue Regime Bedeutung erlangen, wenn die Parteien französisches oder deutsches Recht wählen konnten und für das neue Regime optiert haben. Dieser bilateralen Zusammenarbeit im Familienrecht könnten weitere Kooperationen auch in anderen Rechtsbereichen folgen.
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Duflot, Alain. "Artificial Intelligence in the French Law of 2024." Legal Issues in the Digital Age 5, no. 1 (April 4, 2024): 37–56. http://dx.doi.org/10.17323/2713-2749.2024.1.37.56.
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The use of artificial intelligence in France is growing and intensifying in many areas, particularly in the field of justice. French President Macron has made it one of his government’s priorities to build on these assets and make France a world leader in AI. In parallel, the French government has deployed some efforts towards anticipating the regulatory challenges related to AI, the “National Strategy for Artificial Intelligence” launched as part of «France 2030» . As an illustration of the developments in artificial intelligence and its specific regulation, the French parliament passed a law to ensure the proper conduct of the 2024 Olympic and Paralympic Games (Law N° 2023-380 of 19.05.2023). The law permits the use of the experimental “augmented video-protection” technology, which uses cameras equipped with AI systems to detect and report specific events in real time. French regulations begin already now in the area of justice and must continue in the fields of AI liability and intellectual property. AI is a source of fears, particularly for the respect of human rights, and requires a very elaborate legal and ethical environment that is flexible enough to avoid slowing down the development of AI. The AI Liability EU Directive complements the Artificial Intelligence Act by introducing a new liability regime that ensures legal certainty, enhances consumer trust in AI, and assists consumers’ liability claims for damage caused by AI-enabled products and services. But the new European AI Act does not resolve all issues that therefore need to be addressed nationally.
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Oldenhuis, Fokko T., and Aurelia Colombi Ciacchi. "Liability for Defective Immovable Property: The Hammock Case in a Comparative Perspective." European Review of Private Law 22, Issue 1 (February 1, 2014): 89–92. http://dx.doi.org/10.54648/erpl2014005.
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Abstract: Can joint owners of a defective property - or an immovable object thereon - hold each other non-contractually liable for injuries suffered as a result of the defect? This is a question that has substantial societal effects and requires a somewhat legal-political solution. In 2010, the Dutch Supreme Court (Hoge Raad) faced this exact dilemma in the Hammock case. Aside from examining that specific decision, this comparative law project ascertains how such a case would be resolved in six other European jurisdictions - Germany, France, Belgium, Italy, England, and Ireland. Is the solution reached in common law jurisdictions different than that in civil law jurisdictions? Or do completely divergent outcomes arise within similar legal systems? Will the outcome be different if the relevant rules are strict-based liability as opposed to fault-based liability? By contributing to this rather under-explored area of non-contractual liability law, this project sheds a welcome light on these questions. In doing so, it becomes evident that any legal-political solution to the Hammock scenario would entail ample debate among relevant academics and practitioners.
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Ranjbar, Abdollah, and Seyed Hossein Sadat-Hosseini. "Comparison of Dhimmah and Asset in French Jurisprudence and Law." International Journal of Multicultural and Multireligious Understanding 7, no. 7 (August 7, 2020): 129. http://dx.doi.org/10.18415/ijmmu.v7i7.1788.
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Reference of jurisprudential texts to religion brings to mind the religious right and the obligation to resemble with divisions of law in France. In the legal system of Islam, dhimmah (treaty or obligation) have been extensively used along ages and in different fields. On the contrary, in the classical law and French law, the title "Patrimoine" (asset or property) is used throughout the commitments. In the religious law, a person who is called a creditor or promisee has direct rights over another person who is called debtor or promisor. Since debt is directly related to individuals’ obligations, so to identify exact meaning and concept of religious or individual right, it is necessary to examine its execution which is the very dhimmah in jurisprudence or the property and obligation mentioned by Arab and French lawyers. In spite of the similarities between these two terms, there is no comparable capability between the dhimmah and the asset; for the term dhimma is not compatible with the term "Patrimoine" (asset); hence, in this article, these two terms are to be conceptualized and compared.
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le Dret, Valentin Pinel. "VI. Freedom of Testation in the Revolutionary and Napoleonic Legislation." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 140, no. 1 (June 1, 2023): 278–306. http://dx.doi.org/10.1515/zrgg-2023-0006.
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Summary Contrary to what one could have deduced from art. 2 and 17 of the Déclaration des droits de l’homme et du citoyen, where property had been elevated as a natural right, imprescriptible, inviolable, and sacred, and art. 537 and 544 of the Code civil, where the owners had been given the right to use in the most absolute way and dispose freely of their property, neither the Revolutionary nor the Napoleonic lawmakers thought of the right of disposing freely of one’s property upon death as self-evident. Although there had been a long tradition of testamentary succession in the South of France, the right to dispose freely of one’s properties by testament led to tensions as to its articulation with the pro-intestate customs of the Northern provinces – in 1789–1804 French private law(s) had indeed not yet been unified and the unification process had given rise to several rearguard arguments in favour of local idiosyncrasies –, but most importantly, it led to tensions as to its articulation with the institution of family, one of the pillars, along with property, of the new social order that had emerged from the ruins of the Ancien Régime: the bourgeois society.
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Moon, Jae-Tae. "A study on the direction of legislation to guarantee property rights." European Constitutional Law Association 41 (April 30, 2023): 509–32. http://dx.doi.org/10.21592/eucj.2023.41.509.
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Recently, the problem of soaring real estate prices in Korea has emerged as a public concern. As a result, the National Assembly revised the law related to real estate to pursue a change in the existing economic order. The constitution of our country adopts democracy and is based on the principles of national sovereignty and capitalism. These constitutional principles apply to all sectors of the state. The constitution stipulates that 'the economic order of Korea is based on respecting the economic freedom and creativity of individuals and companies.' In other words, the constitution explicitly states that it is based on the private property system and private autonomy. The Constitution and Civil Law also have specific rules for guaranteeing property rights. There are also restrictions on people's property rights and regulations on public use. However, if the people are divided due to the legislative action of the National Assembly, great confusion can occur nationally. Currently, Korea is conducting a post-mortem review of whether the legislation of the National Assembly is unconstitutional. Grana has not introduced a pre-screening system. Therefore, it is necessary to fully review the controversial revisions of the law. To this end, I would like to examine the legislative process and interpretation of the restrictions on property rights in Germany and France. In addition, it reviews decisions on property rights of the Constitutional Court of Korea. Through this, it is necessary to derive a clear criterion for infringement of property rights against laws related to property rights restrictions.
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Troshkina, K. "NATIONAL INTELLECTUAL PROPERTY AUTHORITY: FEATURES OF EUROPEAN FUNCTIONING PRACTICE." Scientific Notes Series Law 1, no. 13 (March 2023): 40–45. http://dx.doi.org/10.36550/2522-9230-2022-13-40-45.
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The purpose of the scientific research is a detailed analysis of the organization and activity of the national intellectual property body in European countries. The analysis of the European experience of intellectual property bodies is a necessary foundation for the Ukrainian mechanism in the context of the implementation of positive aspects and integration into the European environment. As a result of the conducted research, it was concluded that in such European countries as Great Britain, France, Germany, Spain and Poland, a single universal model of building national intellectual property bodies has not been developed; each state has a special system of intellectual property bodies; at the same time, despite the diversity of sub-departments and the organizational structure of the national intellectual property bodies of each of these countries, there are several common features - regulation by the national institutional law, sub-department to one of the governmental branch ministries, competitive selection of the staff (head and members, with their division into qualified members and experts).
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Hossen, Rashid. "Arbitration of labour disputes in Mauritius." Obiter 41, no. 3 (January 1, 2021): 622–30. http://dx.doi.org/10.17159/obiter.v41i3.9585.
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The evolution of labour law on Mauritius started with the repeal of the “code noir” (literally the black code) which was introduced in France in 1685 and extended to the island in 1723. It contained inhumane provisions that treated a slave as merchandise, as the property of his master which was subject to a list of punishments for not obeying the orders of the latter. Freedom of movement was then a crime.
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McDougall, Sara. "The Transformation of Adultery in France at the End of the Middle Ages." Law and History Review 32, no. 3 (July 14, 2014): 491–524. http://dx.doi.org/10.1017/s0738248014000212.
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In 1522, Marie Quatrelivres, accused of adultery by her husband and found guilty, was condemned to be beaten with sticks on three Fridays and afterwards enclosed in a convent. The court allotted her husband 2 years to decide if he wanted to take her back. If he did not choose to reconcile with her, she was to be enclosed for life and lose all of her property. So wrote eminent jurist Jean Papon (1505–1590) in his collection of notable cases heard before the royal courts of France. Papon described a handful of other sixteenth century adultery cases similarly decided, and then cited a contemporary and fellow eminent jurist, Nicolas Bohier, as having stated that another common punishment for adultery in France was to cut off an adulterous woman's hair, tear her clothes, and parade her in shame throughout the town or city in which she lived.
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Abramovitch, Susan H. "Publicity exploitation of celebrities: protection of a star's style in Quebec civil law." Les Cahiers de droit 32, no. 2 (April 12, 2005): 301–40. http://dx.doi.org/10.7202/043083ar.
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The use of celebrity imagery, or style, in advertising has become prevalent in recent times. Occasionally advertisers have used photographs of celebrities without having first obtained their consent. The author examines the possible legal bases existing in Quebec civil law which may serve to protect the celebrity against such non-consesual use of his or her picture, drawing on the experience of France, common law in Canada and the United States. Concluding that the right to style is an intellectual property right, the author applies this basis to other instances of style appropriation : the use of voice, sound-alikes, look-alikes and typical expressions.
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Pal, Maïa. "Introduction to ‘Britain versus France: How Many Sonderwegs?’." Historical Materialism 24, no. 1 (April 28, 2016): 3–10. http://dx.doi.org/10.1163/1569206x-12341450.
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In memoriamof the late Ellen Meiksins Wood, this piece firstly remembers the main achievements of her forty years of work. Secondly, it introduces one of her contributions, ‘Britain versus France: How ManySonderwegs?’, until now unavailable in an anglophone publication and reprinted in the present issue. This contribution is a useful reformulation of her arguments concerning radical historicity, the concept of ‘bourgeois revolution’, and the specificity of French and British state formation and their political revolutions – in contrast to arguments for a GermanSonderwegas an explanation for the rise of fascism. Wood also provides a fruitful illustration of how to apply a social-property relations approach to the development of the rule of law in each of these states, and thus furthers opportunities for debates on the potential of Political Marxism for understanding contemporary class struggles over rights.
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Zauberman, Renée, and Philippe Robert. "Victims as Actors of Social Control: An Empirical Inquiry in France and Some Implications." International Review of Victimology 1, no. 2 (January 1990): 133–51. http://dx.doi.org/10.1177/026975809000100202.
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This article presents some preliminary results of the first French national victimization survey. Investigations into victimization are mainly used in France to determine the social profile of victims, as well as their behaviour and attitudes. The survey was implemented in two phases: a screening question on a national sample of 11,000, followed in the second phase by 1,049 victims answering a detailed questionnaire on their attitudes and behaviour. Besides ordinary property and personal offences, family violence and offences related to consumption and business life were included. For each of those types of victimization, the authors detail the specific socio-demographic characteristics of victims in order to compare these profiles. Finally they present data on the consequences of victimization and on the different resources to which victims turn. These results are used to document a discussion on criminal policy issues; in particular, passivity of the police confronted with individual complaints against unidentified offenders; and the considerable transformations in the protection of private property, which blur the traditional borders between state and private sectors.
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Trivellato, Francesca. "“Amphibious Power”: The Law of Wreck, Maritime Customs, and Sovereignty in Richelieu's France." Law and History Review 33, no. 4 (October 12, 2015): 915–44. http://dx.doi.org/10.1017/s0738248015000437.
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The precise length of territorial waters, the swath of sea along the coast over which a state extended sovereign control, remained an object of debate during the seventeenth century. Some authors still adhered to the 100-mile boundary established by medieval glossators, whereas others embraced the so-called cannon-shot rule that set the limit to the reach of a shot fired from the land. But no one disputed the existence of territorial waters. Even Hugo Grotius (1583–1645), then Europe's greatest champion of the freedom of the sea, followed Roman law in conceding that a state could exert its sovereignty over littoral waters or inlets in a shoreline (diverticula maris). This rare point of agreement between theorists ofmare liberum(the free sea) and defenders ofmare clausum(the closed sea) did not eliminate all controversies concerning the governance of coastal waters. Particularly contentious were domestic and international disputes over the property rights on the cargo of sunken ships. What sources of law governed the assignment of ownership of salvaged wreckages? Who was entitled to compensation for assisting in the recovery efforts? And how did legal claims square with political maneuvering in domestic and interstate disputes over wreckages?
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Maydanyk, R., N. Popova, and N. Maydanyk. "EUROPEANIZATION AND RECODIFICATION. USUFRUCT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 40. http://dx.doi.org/10.17721/1728-2195/2021/4.119-8.
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The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation in the Law of Ukraine of the best practice of usufruct in terms of Europeanization and Recodification. The peculiarities of usufruct in some countries of Romano-Germanic law, particularly in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia are studied. Usufruct, which is a flexible and universally recognized in the legal systems of Western Europe property right of personal possession for use, which is treated as an independent property right to another's property in the countries of Roman legal family or a kind of easement in the countries of German legal family, remains unknown to most countries – republics of the former Soviet Union. The law of Ukraine also does not provide for the institution of usufruct and regulates the relationship of long-term use of someone else's real estate through a number of limited property rights (emphyteusis, superficies, the right to economic management, the right to operational management) and obligational legal structures (usually land lease and property management). The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter "Uzufruct", the framework provisions of which are proposed in this paper. In the law of Ukraine it is expedient to recognize usufruct as an independent, different from easement, real right of personal possession for use, which serves as a general provision on emphyteusis (the right to use someone else's land for agricultural purposes). In this regard, the provisions of Chapter 32 of the Civil Code of Ukraine on usufruct should be applied to relations under emphyteusis, unless otherwise provided by the provisions of the Central Committee on emphyteusis and does not follow from its essence. According to its purpose, the legal structure of the usufruct can perform any functions of personal possession for the use of another's property, which allows the use of this legal structure in any area of property use, regardless of whether the purpose is income or other socially useful result (charity, etc.). The absence of usufruct in the national law hinders the effective transformation of legal titles on a state and municipal property by waiving the right of economic management and the right of operative management in terms of recodification of the civil legislation, and does not promote formation of the full-fledged land market and its steady development in the terms of cancellation of the moratorium on sale of the agricultural lands, conducting commodity of agricultural production in Ukraine. Regarding the recodification and cancellation of the Commercial Code, usufruct is the most acceptable replacement of the right of economic management and the right of operative management. Along with long-term lease and property management, the usufruct is functionally similar to the right to economic management and the right to operational management. Unlike property management and lease, usufruct provides for paid or gratuitous use of property in the user's own interest (usufructuary), imperatively defined by law, the content of the rights of participants and a list of grounds for their termination under the rules of property rights.
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Tkachenko, О. H., and М. V. Kravchuk. "RETROSPECTIVE ANALYSIS OF DISTINGUISHING VIOLATIONS FROM CRIMES AND OFFENSES ACCORDING TO THE CRIMINAL LEGISLATION OF FRANCE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 1 (September 15, 2023): 136–47. http://dx.doi.org/10.32755/sjcriminal.2023.01.136.
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The article provides the analysis of one of the first criminal laws that almost for two centuries had an essential impact on European criminal law. It was the first law that differentiated between crimes, offences, and violations. Such differentiation has survived till these days. Besides, the Article draws an analogy between the types of contraventions under the Criminal Code of France 1810 and the administrative offenses provided for by the Code of Ukraine on the Administrative Offenses. The Article provides an insight into the modern development of French Administrative and Torts Law and into the determination of the police courts authorities. It was found that although the “French” sub-system of law provides for the differentiation between the Administrative and Torts Law and criminal law, such differentiation is just theoretical. On the one hand, the punishment exists in the form of a fine and the types of contraventions are not regulated by the criminal code which makes its criminal character quite doubtful. On the other hand, however, the procedure of the administration of punishment through the imposition of sentence, deprivation of social rights, and seizure of property, as well as the complete regulation of the mentioned issues by the criminal, criminal and procedural laws testify to inseparability of the administrative offenses from the sphere of the criminal law. The article considers the possibility of the regulation of the Administrative and Torts Law of Ukraine so that the types of non-criminal offenses in analogy with the French law are regulated by the industry-specific law without the creation of the codified act in contrast to the outdated Code of Ukraine on the Administrative Offenses. Key words: Criminal Code of France, administrative offenses, police court, Code of Ukraine on the Administrative Offenses.
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Hudaybergenov, Behzod. "THE DEVELOPMENT OF INSOLVENCY (BANKRUPTCY) LAW AND FORMATION OF BASIC PRINCIPLES IN THE WEST." Jurisprudence 1, no. 4 (December 14, 2021): 50–65. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./badw6498.
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This article analyzes the emergence and development of norms aimed at the legal regulation of insolvency in Ancient Rome, Italy, France, Germany and England in the Middle Ages. Roman law also explains the procedure for fulfilling the claims of the debtor’s creditors, the retention of which is focused on the debtor’s personality and property, the privileges granted to the debtor, and in which cases the debtor is released from liability. In addition, in the Middle Ages, the impossibility of paying for trade in Italy, France, Germany and England was studied – the formation of a bankrupt, the creation of a regulatory framework, features that differ from each other in the legislation of states and their similar aspects. An attempt was made to reveal the content of various tools used in the process in these states, it was analyzed which rules are still widely used today, and how these norms have entered into the legislation of Uzbekistan, and how they are now called and applied. It is on the basis of the legislation adopted in these states that various directions and trends in the law of insolvency are established. It also covered the issues of restoring the existing in history and lost its force, but socially useful, by changing the rules and norms in the current legislation.
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Wright, Danaya C. "De Manneville v. De Manneville: Rethinking the Birth of Custody Law under Patriarchy." Law and History Review 17, no. 2 (1999): 247–307. http://dx.doi.org/10.2307/744012.
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In 1804 Leonard De Manneville, a poor French emigrant to England, forcibly entered his wealthy but estranged wife's house, wrenched his eight-month-old daughter from her mother's breast, and absconded with the naked child in an open carriage in inclement weather. When Mrs. De Manneville applied to King's Bench for a writ of habeas corpus, Lord Ellenborough affirmed what he claimed was the well-known rule—that a father was entitled by law to complete custody and control over the children of a marriage and could even prohibit all access by a mother to her children. Frustrated by the law courts, Mrs. De Manneville turned to the self-proclaimed champion of the oppressed, the equity courts, only to find that equity would not interfere with a father's right to custody unless the child had property and was in immediate danger of life and limb. Lord Eldon agreed that “the law is clear that the custody of a child, of whatever age, belongs to the father.” Because Mrs. De Manneville refused to sign over property in her separate estate or execute a will in his favor, her angry husband threatened to prohibit his wife from ever seeing the child again and even to remove the child to France. The law supported his right to carry out his threats.
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Klimanova, D. D. "The Concept of Possession in Civil Law." Lex Russica 76, no. 5 (May 16, 2023): 39–48. http://dx.doi.org/10.17803/1729-5920.2023.198.5.039-048.
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Possession constitutes a complicated phenomenon of civil law to understand, which leads to numerous studies of its legal nature. Possession has a long history, during which its contents have been transformed. The author analyzed the difference in the content of possession using the civil legislation of Germany, France, Italy, Switzerland, Austria and Spain as cases for the study. The ambiguity of the concept of possession leads to the situation when in the doctrine this term is used to describe phenomena that do not relate to possession as an institution of property law. Thus, scholars often use the term «possession» in relation to digital assets, tokens, etc., when researching and describing concepts related to the digitalization of civil turnover. The author substantiates the impossibility of using the terminology of property law to digital objects. The paper analyzes the significance of transfer of possession during the transfer of ownership under the contract of sale and in the event of possession arising under a works contract. The conclusion is formulated according to which possession can be associated only with physical entities and it is inherent exclusively to the legal regime of things, but not other objects of civil rights. The concept of bona fide prescription possession is formulated and a conclusion is made about its legal nature. The author highlights and argues the point of view according to which the doctrinal classification of possession, depending on the type of thing (movable or immovable), into ordinary and «bookish» for the purposes of differentiating ways of its protection is controversial. Attention is drawn to the fact that possession can act as a fact and as a right. At the same time, as a legal fact, possession must be differentiated for the purposes of protecting the interests of the authorized party.
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Shabalin, Andrii. "On the issue of codification of legislation in the field of intellectual property." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 74–81. http://dx.doi.org/10.33731/12021.234196.
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Keywords: intellectual property right, codification, legislation, The Civil Code ofUkraine
This scientific article examines the issue of the need to create aspecial code of intellectual property in Ukraine. For a full-fledged and objective study,an analysis was made of the history of Ukrainian legislation in the field of intellectualproperty, foreign models of legal regulation of intellectual property rights, especiallyEuropean legal experience, were also investigated. The author supports the positionregarding the creation in Ukraine of the Intellectual Property Code, the analogueof which exists in Italy and France. Based on the study of Ukrainian and foreign legalsystems, the author defines the main criteria for creating an intellectual propertycode: Legal and organizational criteria are defined. The author points out the need toimplement the European legislative practice, the jurisprudence of the EuropeanCourt of Human Rights and the Court of Justice of the European Union on judicialcases in the field of intellectual property into the code. This vector of implementationwill have a positive meaning for the adaptation of the Ukrainian legislative system toEuropean democratic standards in the field of legal regulation, legal protection of intellectualproperty rights. The author pays special attention to the need to harmonizethe intellectual property code with the Civil Code of Ukraine and procedural legislationin order to level the negative legal consequences in legal practice in the field ofintellectual property; also in the IP Code shall contain the following provision or requirements,which contained universal definitions of legal concepts in the field of intellectualproperty. Based on the conducted scientific analysis, the author points outthe need for the existence of the Ukrainian code of intellectual property and speciallaws in the field of intellectual property. It follows from this that there is a need forlegal regulation of individual legal relations (objects of law) in the field of intellectualproperty law. The author points out that such a legal system corresponds to the modelof legal regulation of the field of intellectual property that exists in the EuropeanUnion.
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Vuye, Hendrik. "Possession et actions possessoires: Belgique, Pays-bas et France. A la recherche d’un ius commune?" European Review of Private Law 11, Issue 3 (June 1, 2003): 321–41. http://dx.doi.org/10.54648/erpl2003024.
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Abstract: The protection of possession forms part of the Ius Commune between Belgium, France, and the Netherlands. This does not come as a surprise, as the armies of Napoleon have imposed on other countries the rules from Articles 23-27 of the old French Code de procédure civile. Nowadays this protection of possession can still be found in the legislation of these three countries, albeit in differing degrees of intensity. Belgium law emphasizes the “policing” function of claims based on possession: he who is disturbed in his possession can ask to be put back into proper possession. This is solely due to the fact that the other party has breached the ban on taking the law in their own hands. In contrast, Dutch law focuses on the actual function: the party in possession is protected against third parties, but not against parties having a “better” right. The French legislator emphasizes the “policing” function, but also takes into consideration the actual function by declining protection against parties from whom the aggrieved party has received the property in question. In fact, this debate is old. Does one have to opt for the protection of the parties having a “better” right, as shown in the action publiciana, or does one have to implement the ban on taking the law in one’s own hands, as done in the interdictions of Roman law?
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Metaxa, Eleni, Miltiadis Sarigiannidis, and Dimitris Folinas. "Legal Issues of the French Law on Creation and Internet (Hadopi 1 and 2)." International Journal of Technoethics 3, no. 3 (July 2012): 21–36. http://dx.doi.org/10.4018/jte.2012070102.
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The French law on “Creation and Internet,” or more commonly known as the “Hadopi 1” Law, passed on June 2009, and its complementary, the “Law for the Protection under Criminal Law of Artistic and Literary Works on the Internet” (“Hadopi 2”), passed on October 2009, were intended to put an end to the illegal distribution of creative works on the Internet and at the same time control the internet access for every user. However, the implementation decree of March 2010 on the “specific negligence” aims exclusively at the peer-to-peer networks, leaving out of the criminal framework the direct download and the streaming options. After presenting and analyzing the French laws “Hadopi 1 & 2,” the authors discuss the controversial findings of a recent French research of the first months of their application in France and eventually question the achievement of the ultimate goal, which is the protection of the French intellectual property rights on the Internet.
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Gevers, Camille, Helena F. M. W. van Rijswick, and Julia Swart. "Peasant Seeds in France: Fostering A More Resilient Agriculture." Sustainability 11, no. 11 (May 28, 2019): 3014. http://dx.doi.org/10.3390/su11113014.
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The profitability of the French agricultural sector has fallen over the last two decades, leading to the suggestion of a “rupture in technical progress”. Additionally, the intellectual property regime in force has contributed to the erosion of the cultivated biodiversity, limiting plant resiliency to climate change and other hazards. In the face of these challenges, agroecological farming practices are a viable alternative. This paper investigates the positive and negative aspects associated with the development of alternative seed procurement networks in France. The findings indicate that peasant seed networks can effectively contribute to overcoming many of the structural blockages with which French agriculture is confronted, but that yield concerns; higher information and supervisory costs, as well as the unfavourable legislative context, constitute key challenges to their development. However, these could be partially or totally eliminated if adequate policies are implemented. In this regard, the recommendations are to: (i) strengthen the dialogue with farmers in the shaping of policies related to the use of plant genetic resources; (ii) abrogate the “obligatory voluntary contribution” on farm-saved seeds; (iii) diversify the collection of Centres for Biological Resources, increase their number, and democratize their access; (iv) harmonize the French and European regime on intellectual property; and (v) encourage participatory research.
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Trembecka, Anna. "Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure." Geodesy and Cartography 65, no. 1 (June 1, 2016): 95–110. http://dx.doi.org/10.1515/geocart-2016-0008.
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Abstract A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.
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Лик and Jan Lic. "The problem of joint co-ownership in a Polish civil law partnership." Administration 2, no. 3 (September 17, 2014): 71–75. http://dx.doi.org/10.12737/5640.
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The problem of joint co-ownership in a Polish civil law partnership constitutes one of the most complex and contentious problems in Polish civil law. On one hand, there are many reasons why a civil law partnership should have legal capacity, capacity to be a party in civil cases, bankruptcy capacity and a status of an entrepreneur. On the other hand, the system of joint co-ownership precludes the partnership from being accorded that status. Recognising the legal capacity of a partnership would mean that it is a carrier of rights and obligations. This, however, would be defied by the system of joint co-ownership, since in that case it would be the partners, as coowners, that would be the carriers of rights and obligations. It is not possible that a partnership and its partners are both carriers of the same property rights; particularly, the right to the property of partnership. Even if the legislature de-cided that a civil law partnership is not just a civil law obligation, but also an organisa-tional unit and that the legal capacity should be accorded to it, then the system of joint co-ownership in a civil law partnership would also have to be waived. Numerous provi-sions of public law, including in particular tax law, suggest such a solution. They already treat a civil law partnership as a legal entity. Accordance of” as the act of granting civil law capacity would unify its status in all areas of law. Furthermore, there are cases from foreign law that speak for the above-presented solution. In France and Scotland a civil law partnership has legal personality. In Germany the equivalent partnership was granted legal capacity. In the latter country, this was possible without the need to resign from the system of community of joint co-ownership (Gesamthand). Contrary to the Polish joint co-ownership, the German Gesamthand is not a type of co-ownership, but a type of legal community of personal rather than property nature. In countries in which a civil law partnership has not been granted legal capacity, problems similar to those that occur in Polish law arise. The postulate of granting legal capacity to a civil law partnership is justified. However, it should be limited to partnerships that operate business activity. Ordinary external partnerships do not require legal capacity; therefore they can still retain the system of joint co-ownership.
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van Apeldoorn, Laurens. "The legal personality of foreign states in civil law: l’affaire Zappa and the bequest of the Marquise du Plessis-Bellière." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 91, no. 3-4 (December 22, 2023): 560–88. http://dx.doi.org/10.1163/15718190-20233408.
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Summary This article traces the doctrinal debate on the civil legal personality of foreign states occasioned by two famous legal cases during the closing decade of the nineteenth century: the protracted conflict between Greece and Romania following Evangelis Zappa’s bequest of immovable property located in Romania to the Greek state for the purpose of resurrecting the Olympic Games, and the contested will of the Marquise du Plessis-Bellière which named Pope Leo xiii as legatee of real estate located in France. As Ernst Rabel and others have thought, the debate confirmed the scholarly consensus that the recognition given to a foreign state according to the rules of public international law, implies recognition of its capacity in private law matters. The objective of this article is to reconstruct the considerations that led to this apparent consensus, thus helping to facilitate an assessment of the persuasiveness of those considerations.