Tesis sobre el tema "Indivisions"
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Ferracci, Alexandre. "Les combinaisons de droits réels : indivisions et démembrements en matière immobilière". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0102.
Texto completoLong regarded as unfortunate anomalies altering the figure of the unique owner of its object, the techniques of dismemberment and joint possession are now unavoidable. The main reason being that they enable one to multiply, on a particular object, the number of beneficiaries of the utilities that they offer, these modes of attribution result in creating a competition of varied interests which, when diverging, lead to conflicting powers. If these conflicts can naturally be solved by applying the specific rules attached to each of these techniques, the situation becomes far more complex when several aggregate around the same thing. This entanglement of these heterogeneous modes of allocation to these utilities is a source of great confusion. Undivided shares, usufruct, user rights and other easements then come into contact, disturbing the correct reading of the distribution of prerogatives between the different holders of rights over the thing. Determining with accuracy the extent of the powers of everyone of them requires one to question the articulation of the real and actual rights in order to highlight their conveniences and oppositions. In doing so, the methodical analysis of this entanglement of rights makes it possible to reveal the existence of true combinatorial structures that frame and organize the diverse existing modes of allocation. While a few of these structures seem to allow a fairly equal treatment of rights over the object, other structures tend to organize them into a hierarchy
ENAMA, IGNACE. "Indivision et societe". Rennes 1, 1989. http://www.theses.fr/1989REN11015.
Texto completoCo-ownership and company, when compared, raise the question as to the distinction between them. Do they always have opposing natures. Or is there only a difference of degree between them? contemporary law allows an answer to this question following a report from which we built our demonstration. In part i, comparison between groups constituting co-ownership and company reveals a decline much in the concepts as in the structures which characterize them. In part ii, we notice that the decline of the opposition nourisches a functional relationship between co-ownership and company, when they are taken as organizational techniques. They cease to be neccessarily mutually exclusive. Their co-existence has become possible. However, in the final analysis, we notice that neither the decline of their opposition nor the development of their relationship was able to eliminate all the ambiguity. But on the contrary, another complication arises. This results, on the one hand, from their extreme proximity, and on the other hand, from a boundary mark between their respective fiels. This last difficulty will be solved either by legislative intervention or by the competence of legal practitioners in avoiding typological confusion
Robin, Agnès. "Propriété intellectuelle et indivision". Montpellier 1, 2001. http://www.theses.fr/2001MON10044.
Texto completoDelrieu, Sabrina. "Indivision et procédures collectives". Toulouse 1, 2006. http://www.theses.fr/2006TOU10018.
Texto completoThe characteristics of joint possession right and banckruptcy reveal the opposition between two juridical systems that are organized according to their final aim. Applying these two systems requires confonting their areas of applications and their juridical schemes. The confontation between their personal fields and their real fields shows first how banckruptcy cannot properly solve the issues of an undiivided company. The recognition of the position as failing co-developers of the tenants in common is facilitated by the managing rules of joint possession. The exclusion of an undivided good from the bankruptcy carried on against one of them, makes a positive outcome structurally impossible for the company. Then , the confrontation of their juridical systems makes clear their reciprocal conjunction. The civil rules that protect relatively the property rights of the joint possession's members, on one hand, justify the interference of joint possession when executing banckruptcy, and on the other hand, develop the impact of the trading measures, limiting the debtor's ability of managing the goods of his patrimony. Consequently, this analysis demonstrates the necessity of elaborating a set of rules that will overrule the appropriation method of an undivided good of a company, so that banckruptcy right can no longer fail to fulfil the satisfaction of its objectives in expanding situations
Jost, Bertrand. "Les distributions en droit privé". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0025.
Texto completoIt is usual that some people divide a good or a loss amongst them. For example, common property must be shared. Obligations are divided between creditors and debtors according to the Civil Code (article 1309). Partners divide up the profits and losses generated by their partnership. Creditors must split the profit earned by the seizure of their debtor goods, whether he is bankrupt or not. Of these various operations, a theory can be proposed. The concept of distribution can be erected and paired with rules common to all the operations matching with the concept. The distributive logic and distributive issues, long forgotten in private law, are thus uncovered
Ducher, Elisabeth. "Indivision et société de fait du point de vue fiscal". Paris 10, 1985. http://www.theses.fr/1985PA100034.
Texto completoMaupas, Ludovic. "La gestion de l'indivision". Rouen, 2001. http://www.theses.fr/2001ROUED004.
Texto completoThe "indivision" is very important in the life of frenchs. It's a system of management which is individualist. Members of this community have a right of poperty and they can manage or protect their rights and things. In this collectivity, there is the relation between interest individual and good of everybody. The right of contrats enable the management things. The "indivision" is an organisation which can be stable so it's sometimes possible to use this system in business
Robin, Agnès Revet Thierry. "La copropriété intellectuelle : contribution à l'étude de l'indivision et de la propriété intellectuelle /". Clermont-Ferrand : [Paris] : Université d'Auvergne, Presses universitaires de la Faculté de droit de Clermont-Ferrand : [Fondation Varenne] ; [diff.] LGDJ, 2005. http://catalogue.bnf.fr/ark:/12148/cb40155634v.
Texto completoMohamed, Ashour. "Gestion du bien indivis en droit français : étude comparée". Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32005.
Texto completoA compared study is of unquestionable interest. This is why I treated the management of the undivided property in French right and Egyptian right. Under the light of the French law of December 31 1976 more exactly article 815 and the Egyptian law of June 16, 1948 more precisely article 825, this question is divided into two parts : operation of the legal mode of the joint possession and operation of the conventional mode of the joint possession. The first part includes/understands three chapters the conservation of the undivided property (I) the rule of the unanimity (II) and the corrective measures with the rule of the unanimity (III). The second part is divided into two chapters : of manager of the joint possession (article 1873-5 of the French civil code). The final chapter is the provisional division as a means to manage the undivided mass according to the Egyptian law of 1948 in particular article 846 of the civil code
Viguier, Damien. "Persona ficta : étude de la nature juridique de l'indivision". Perpignan, 2008. http://www.theses.fr/2008PERP0965.
Texto completoHoulgard, Alice. "La notion de régime matrimonial". Toulouse 1, 2008. http://www.theses.fr/2008TOU10077.
Texto completoSalord, Géraldine. "La propriété collective des oeuvres : Contribution du modèle du droit d'auteur au droit commun". Paris 2, 2007. http://www.theses.fr/2007PA020091.
Texto completoSimler, Christel. "Droit d'auteur et droit commun des biens". Université Robert Schuman (Strasbourg) (1971-2008), 2008. http://www.theses.fr/2008STR30025.
Texto completoTraditionally, ownership and possession are presented as being reserved for tangible things. Real rights are in limited number. A thing is not supposed to be the object of simultaneous appropriations. A study on authors and property laws allows to deny these assertions. The rights confered by the Intellectual Property Code upon the author of a work are the attributes of the property such as defined in the article 544 of the Civil Code. This property, as any property, manifested itself by its possession, possession which has probation effects and acquisition effects of rights. The property right of the author is capable of multiple divisions. The work may be subject of simultaneous appropriations. A work is a thing object of ownership such as defined in the Code civil. Therefore, some rules of property law are applicable and can complete the special law. However, the application of property law should not be systematic. Some rules of the special law or the immateriality of the work justifie that article of the Civil Code can not be applied
Allain, Laurence. "Droit patrimonial de la famille et procédures collectives de paiement". Lille 2, 2003. http://www.theses.fr/2003LIL20016.
Texto completoThe french conception of heritage excludes the fact that an individual contractor may have a profesional heritage assignment. From the outset, in the case of collective procedures, all his rights including family ones would be taken into account to decide the outcome of the compagny. Family heritage rights and compagny rights in difficulty prove to have an indentity claim : the contractor's heritage. From the start, the application of both proceedings concerning a sole right may turn out to be conflictive. Having determined the extent of the creditor's pledge, a study is made of their rights to take out a lawsuit to adopt solutions diametrically opposed that the rights of compagnies in difficulty have stolidly applied. One would then propose re-organising the individual contractor's heritage starting with studying the concepts of power ans judicial universility, thus suggesting the bilateral re-establishement of réserved common rignts and recognition of regulation individual compagnies
Edoubé, Mann Samuel. "Le conjoint dans les procédures de redressement et de liquidation judiciaires". Bordeaux 4, 1998. http://www.theses.fr/1998BOR40020.
Texto completoThe studies presented put into light the consequence of compulsory and judicial adjustment on the rights of spouse debtor's. The debtor's spouse in the look of these procedures appeard like an sacrified partner each time that the rights granted to him enter in competition with those that the organs procedures hold of compulsory liquidation and judicial adjustment. The real ascendancy over the debtor's property affected the administrative powers that spouse hold from marriage settlement, precisely the exercise of these rights. The compulsory liquidation and judicial adjustment makes the debtor's spouse lose confidence befor his personnals crediters. It also has negative consequences on the spouse property rights. Howover, the restrictions applied to the debtor's spouse are not inescapable. The latter has the rights to exclude un certain number of his property held by the compulsory liquidation organs: by skifully using the rules of marriage settlement based on joint ownership of property, or simply withdrawing from them. The debtor's spouse behaviour towards company can also have negative consequences upon his patrimony, if he taks parts in the running of the company, when he stood security for the company debt's
Schwartz, Thierry. "La gestion du fonds de commerce indivis". Dijon, 2009. http://www.theses.fr/2009DIJOD007.
Texto completoBaby, Wilfried. "Les effets patrimoniaux du pacte civil de solidarité : l'invention d'une nouvelle forme de conjugalité". Toulouse 1, 2012. http://www.theses.fr/2012TOU10017.
Texto completoSaint, Affrique-Tiberghien Diane de. "La société civile comme mode d'organisation du patrimoine". Paris 2, 2002. http://www.theses.fr/2002PA020071.
Texto completoFilosa, Damien. "Les égalités du partage : de l'égalité du partage, à l'égalité par le partage". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0708.
Texto completoThe right to an equal share in the partition / to equal partition is undisociable from the right to property which is garanteed by Constitutional law. So, If not because of the allegedly absolute right to property, at least because of its rank in the hierarchy of real rights, the right to division is contrary to any acceptance by the entitled (of the proceedings) on undesired modalities. This is equality in partition in the full sense of the word – a synonym, here, of economic neutrality of the operation. The relations between equality and partition go beyond the notion of equality as understood in partition proper. Equality, indeed, is not solely the criterium and imperative for the partition, it is also the cause and, at times, even, the mobile. It may happen that partitioning is made because a certain kind of equality is desired. In these cases, equality has not its goal limited in bringing about a partition; but partition finds its cause in equality. It can, thus, be said that partitioning sums up both the efficacy of the right to property and the enforcement of a principle of equality that far exceeds its legal technique. It is clear, indeed, that the partition can’t be reduced to the sole effectiveness of a necessarily accumulative operation. It helps acknowledge, within, the private law and the patrimonial family law, in particular, that aspiration for equality that far transcends legal procedures. In that sense, the partition agreement must not be regarded solely as a necessarily egalitarian contract; it entails that equality itself be a contract. Indeed, equality is not a characteristic of the operation but its main object
Jambort, Sébastien. "La propriété collective en droit des affaires : contribution à l'ébauche d'un nouveau régime juridique". Toulouse 1, 2005. http://www.theses.fr/2005TOU10055.
Texto completoCollective ownership, defined as the plurality of identical or different prerogatives on the same property, has three faces : joint possession, joint estate and usufruct. In the absence of specific arrangements, in fact the rules of civil law, because of their generality, happen to apply to the various relationships of the owners'community. However, these secular rules are adapted neither to the goods, nor the trade. The present thesis aims at showing that it is necessary to work out a new legal status of collective ownership in corporate law. On the one hand, it is advisable to make the relationships safer between the owners'community and the third parties. The clarification of the role of the collective owners of social rights within the company is essential. In addition, the rationalization of the creditors'rights with regard to the collective owners proves to be necessary. These rights should not be neglected any more by the rights of the companies in trouble. In the same way, a pragmatic approach to joint owners' tax situation is desirable. On the other hand, the relationships within the owners'community require a certain dynamism. The objective is to prevent the rules of civil law from jeopardizing the correct management of the business and the transferable securities portfolio. Those same rules should not block any more the circulation of social rights and the concern of patent rights. Diversifying the rules which apply at the end of collective ownership also seems essential. This is the price to pay for the optimization and the timelessness of collective ownership in corporate law are at this price
Thiberge, Mathieu. "L'entreprise saisie par le droit des entreprises en difficulté". Caen, 2010. http://www.theses.fr/2010CAEN0093.
Texto completoThe Bankruptcy Law seems to have recently undergone a major transformation, which tends to present the firm as the recipient of the rules of the bankruptcy proceeding. This point is revealed by its title that mentions the difficulties of the firm, and the new wish to save the firms that can be. This change, however, raises questions. Technically, in fact, the bankruptcy proceeding is facing a debtor, subject to law, natural person, or legal entity, which remains a very traditional concept. Initially, the study reveals the fundamental inadequacy of this subjective approach to the situation of the debtor that is not only a business owner, such as a natural person. The procedure then seizes all its assets and debts, not the firm itself. It is therefore likely to miss its targets. Although, occasionally, certain rules favor some individualization of the economic activity, it remains unfinished. Conversely, in a second step, the same inability to grasp economic activity occurs when a business is run by several debtors, or when the business assets are owned by several persons. The analysis then shows that the firm is not subject to the bankruptcy proceeding, because it is always a debtor who is referred. Although some patches, such as the extension of bankruptcy proceeding, show a wish to look for the firm, they remain marginally efficient. The bankruptcy law is therefore not yet the firm’s law, but at most a law conceived for firm owners’ running to debts
Lannepats, Guy. "Le statut de la copropriété des immeubles bâtis : éléments de comparaison en droit français et en droit suisse". Toulon, 2009. http://www.theses.fr/2009TOUL0061.
Texto completoComparing the Swiss and French statutes of the co-ownership of built property, allows one to appreciate the originality of two very opposite solutions. Property is one of founding principles of the French society, which explains statutes that attempt to protect mainly the property right of each and every of the co-owners. In contrast, the interests of the community are essential in Switzerland : the buyer of part of a floor in a building becomes not only property-owner- above all he becomes the member of a community. This is how the Swiss text reflects a very community-minded vision, far from the French individualism. Furthermore, the contractual freedom is a fundamental element in Switzerland, where the doctrine considers that a legal institution should settle private agreements in a simple way and not prove intruisive, whereas in France one deals with imperative stututes in constant evolution. In France, the restrictions of the individual rights of the co-owners are not incompatible with the property right. An opposite solution is adopted in Switzerland, where, though total control of the matter is the rule, this can be restricted by conventional measures - which in France would be considered as incompatible limitations of the property right. Counterpart of the quantitative success of the French statutes, the increasing number of co-properties in a difficult position has become a public politics issue, while the Swiss legislator considers that it is not the concern of the public authorities to bring all the answers to the problems od private order. But law seen as a social reality is inevitably marked by the society in which it is to be used
Masson, Florent. "La propriété commune". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D013/document.
Texto completoPrivate property is often reduced simply to individual property. However, every legal system also recognizes several institutions that organize co-ownership, sometimes through a legaJ person (e.g., joint tenancy, community property, condominiums, companies, joint and several obligation, etc.). This dissertation recognizes and studies co-ownership as ageneral legal category, as each institution provides concurrent property rights over a particular object. Concurrence is in the core of co-ownership while also constituting ils main problem. Co-ownership must be organized by a set of rules defining powers and duties, delineating how common income should be distributed, who bas the authority to make decisions, etc. This need for organization is the common tliread between ail co-ownership institutions. However, white this legal framework is mandatory, it can be provided for in various ways. We don't organize, say, marital community property in the same way as a condominium or the common assets of a company are organired. But these differences are not arbitrary. They can be explained by a certain set of parameters: the number of owners, the natun of their sociological links, and the aim they are jointly pursuing. This underlying rationality reveals co-ownership as an "ordered pluralism", illuminating each institution and allowing for some analogies to be drawn between them
Kaplan, Jacques. "L'indivision successorale et l'usucapion en Corse et dans les départements d'outre-mer". Paris 2, 2004. http://www.theses.fr/2004PA020093.
Texto completoVergara, Orianne. "L'organisation patrimoniale en couple". Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0063.
Texto completoThe contemporary law of conjugality is based on a principle of pluralism. Nevertheless, the notion of “couple” is increasingly significant. Indeed, marriage, civil partnership (PACS) and cohabitation appear as a reflection of a conjugality which claims to be plural and with gradual effects. But the latter is increasingly hindered by the unity of the notion of couple. Besides, the daily patrimonial relations of spouses, civil partners and unmarried partners are organised around the same principles: strengthening economic collaborations and assigning the appropriate patrimonial protection. Therefore it may be considered to introduce in the Civil code, de lege ferenda, a unitary definition of the notion of couple as well as a set of common rules for all couples, regardless of their form of conjugality. The daily patrimonial relations of all couples would subsequently be governed by the same rules according to the unity of the notion of couple. However, the unity of the notion of couple does not completely erase the principle of pluralism of conjugalities. Despite the convergence between marriage and civil partnership, both those institutional modes of conjugalities rely on different economic models. Indeed, set aside the daily patrimonial organization, in a marital situation each spouse is entitled to a participation in the enrichment achieved by the other during the union - whereas the participation of each civil partner in the other’s enrichment is strictly limited to the investment operations
Lotz, Johanne. "La division de l'immeuble : contribution à une théorie de la propriété". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA010.
Texto completoThe legal nature of the co-ownership of built property and division by volumes is generally presented in terms of opposition. The opposition between these two rights is the result of the traditional definition of property as a sum of attributes over the property. The right in rem nature of ownership has similarly excluded a reading of these two rights as complex properties. However, in the presence of co-ownership of built property or a volume within a property, an identical complex property exists : a lot property, which is endowed with legal status. Only a new reading of ownership can shed light on the legal nature of this identity. This entails a possible change to their legal systems. Because the nature of these rights is similar, a fresh look can be taken at their respective scope. Concepts common to the divisions in the building can be sketched out. A new legal category could then be proposed : that of a property inserted into a division in the building
Molière, Aurélien. "Dissolution des couples et compensation patrimoniale". Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30095.
Texto completoThe legal union formed by two persons living as a couple is based on the existence of a joint living for which French Law sanctions three modes of organization: marriage, civil partnership and cohabitation. The intensity of this community depends on the nature of conjugality. As a consequence, each of the presented modes of organization consists of an uneven source of solidarity. Solidarity is both material and moral, and does not survive the dissolution of the union, which therefore denotes, in some cases, a source of damage or a state of necessity. In order to compensate this situation, French Law provides for compensation when couples break up. This transfer of value takes the form of damages, of a spousal support or of an in rem verso compensation. However, as a consequence of the decline of fault and the accession of an objective liability, the whole compensation system is deteriorating and no more seems suitable for the union the way it is understood, i.e. liberal in its break up and liberated from individuals. This decline encourages us to look for the existence of other compensation methods. The termination of the marital bond dissolves the joint living without prejudice to the effects already produced. Yet, throughout the shared life, the union causes a certain mutual wealth that needs to be divided. This redistribution, made trough a community, a joint ownership or a company, ends up compensating the possible disparity in property. When the compensation is insufficient or cannot permit one of the spouses to support themselves, the Law organizes a minimal redistribution, taking into account the present assets of a spouse in order to grant a useful right to the other, especially concerning accommodation. Those two forms of distribution represent the expression of a new model: the distributive compensation
Pretot, Sophie. "Les communautés d'intérêts : essai sur des ensembles de personnes dépourvus de personnalité juridique". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D012.
Texto completoInterest owners, cohabitees, members of a same family, co-owners at a same general assembly, subsidiairies of a same company, members of a same political party, employees of a same economic and social entity, spouses or life partners, management staff of a same clinic... these appear as unrelated and dissimilar simulations. Yet, all qualify as "communities of interests". Is this a mere vocabulary coincidence or the indication that a genuine concept is emerging ? What lessons can we learn from the recurring use of the term "communities of interest" in positive law ? Thoroughly researching the state of our law, this essay demonstrates the concept of "community of interest", its specificities and why it should be legally anchored. Apprehending the community of interest as a group of people united by special ties, the study undertaken here appears bold. It provides the judge and the legislator with protection tools adapted to the particularities of this legal entity and required by it. The study answers a theoretical necessity, and demonstrates its undeniable practical use. It proposes to fill a legal vacuum that exists within groups of people, and thus places the different communities of interest between the entities without any cohesion at all and those with legal personality or who are deprived of legal personality for formal reasons
Molinier, Juliette. "Le partage en droit fiscal". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0258/document.
Texto completoJoint possession ends through sharing. Sharing substitutes private rights to a collectiveownership over an asset or set of assets which is split.Joint possession is shown traditionally as a transient state, a bad state which must be ended.Legal regulations specific to sharing have subsequently been implemented; recorded taxationhas ensured that these regulations are supported.Today, sharing is conceivable as a value. Sharing regulations have therefore developed.This development is not apprehended by tax legislation. The processing of balances, reducedcompensation or reported compensation is sometimes disputable.In addition, the tax office still maintains the distinction between pure and simple sharing andsharing with a balance, a distinction which bears no consequence in civil law, and which is nolonger justified today.Sharing has a declarative and retroactive effect. Each one of the allottees is considered to havebeen the sole owner of the asset put into their lot.The individuals’ capital gains system is modelled on this analysis, which consequently,throws caution to the wind, and balances or compensation which are paid by the allottee of theasset. The legal analysis of the sharing ignores the economic aspect of the sharing.As regards taxation on work, the regulations are complex and disparate, not necessarily basedon the legal analysis; the tax processing of the sharing is then all the more complicated
Hassani-El-Barwane, Mouhssini. "Le système foncier comorien de 1841 à 1975". Thesis, La Réunion, 2010. http://www.theses.fr/2010LARE0028/document.
Texto completoThis purpose of this research is to attempt to study how the Comorian land ownership system as regards its organization functioning during the pre-colonial, colonial and post colonial period. This system actually reflects the side by side existence of both traditional and colonial structures. It has however undergone deep changes with three different types of ownership, the customary, the Islamic and the colonial modes of property acquisition. The choice of this time frame is deliberate since it has enabled us to analyze the weakness of the system before, during colonial period and up to the independence in 1975. This study will first look closely and exhaustively at the permanent mode property acquisition continuous changes and challenges related to the mode of property acquisition such as inheritance, donation, sale contract, exchange, accession and prescription. At the same time, it will examine the general and specific features of the socio cultural context. Finally it will present the possibilities and land policies leading to a written document for regulation estate and land while keeping a balanced ecological environment in relation to a true policy promoting human sustainable and development
Pfeifer-Chomiczewska, Katarzyna. "Les rapports patrimoniaux entre concubins et leur liquidation. Etude comparative des droits français et polonais". Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1003.
Texto completoAfter leaving the world of disapproval, concubinage has integrated the social order and consequently the legal order. In French law, cohabitation is legally defined. In Poland, a legal definition of cohabitation does not exist. Notwithstanding this difference, the elements of cohabitation in the two legal systems are similar. Cohabitation is characterized in France and in Poland by the absence of a legal relationship between partners, monogamy, stability and continuity, and community of life. In both countries, concubinage is not legally organized. Cohabitation does not create any rights or obligations between the cohabitants, whether in a personal, property or financial sphere. Property relationships of cohabitants and their liquidation pose many difficulties. In order to legally qualify the economic acts of the cohabitants, it is necessary to retrospectively analyse the facts
Vierling-Kovar, Emmanuelle. "Le contrat de société en participation". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00997288.
Texto completoPezzella, Virginie. "L'occupation immobilière : étude de droit privé". Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30090.
Texto completoIn Private Law, occupancy (French “occupation”) is, in principle, understood as an original method of acquiring property of ownerless movable things: this is how it made a discreet entrance in the Civil Code in 1804. Since then, however, occupancy has acquired a whole new meaning. Today, both the legislator and the judge turn to this concept to describe different means of enjoying the property of others. It relates to precarious occupancy agreements, private occupancy of jointly owned property, tenant kept in the premises after the end of its commercial or residential lease, occupant beneficing an housing requisition, disseisor, or occupant without right or title. The notion of estate occupancy seems to have acquired a prominent position in Private Law. Hence, the purpose of this study is precisely to determine the role it holds in positive law in this area. First, this work aims at studying the various situations in which the term "occupancy” is used to designate the situation where a factual stranglehold is exercised over others’ property, whether with or without title. It also reveals informal occupancy situations, such as leases’ tacit renewal mechanism. Secondly, a general theory of occupancy in Private Law is proposed. Estate occupancy appears like a factual situation of stranglehold (“fait d’emprise”). It plays a dual role in positive law: it may simply be the substantive translation of the exercise of a right to use, previously recognized to whom will become the occupant, and, in the same time, the element allowing him to acquire such a right, or at least, assuming he does. Notably based on various effectiveness conditions, such as good faith or clarity, occupancy shows similarities with the notion of adverse possession, although in French law the two concepts should not be confused. Finally, this study shed light on a new fact giving rise to a right, which finds its place alongside the adverse possession and demonstrates an evolution from the private property to a "pragmatic property" caring to adapt to the various needs recognized by the Law
Noirot, Renaud. "Les dates de naissance des créances". Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D016/document.
Texto completoIt is the laws governing companies experiencing difficulties which have revealed the complexity of determining the dates of the origination of the claims. And yet this appears to be fundamental in private law. As it constitutes the criterion for implementing certain legal mechanisms, it epitomizes the existence of the claim and hence represents a challenge for any rule of law in which the existence of this claim is a goal or condition. There are two conflicting doctrinal currents: the traditional approach sets the date of origination at the stage of the formation of the contract, while modern approaches situate it at the stage of the execution of the contract. The materialistic approach, based on the law governing companies experiencing difficulties, staggers the origination of the price debt over the period of the execution of the service. The periodical approach, which relies on a doctrinal reflection on successive execution contracts, is that of the re-origination of all the claims under the contract at each contractual period. An examination of the modern approaches, under the auspices of the legal mechanisms which can only epitomize the true date of origination of the authentic claim leads to the invalidity thereof. The traditional approach is therefore once again consecrated. But the resistance constituted by the laws governing companies in difficulty cannot rely on the technique of legal fiction, because other manifestations of the same phenomenon can be identified outside this domain. Therefore, a change of paradigm is in order if the hiatus is to be resolved. Behind this persistent phenomenon lies in fact another vision, another concept of the claim: the economic claim which, interwoven with the legal claim in the private law system, supplements it. The duality of the dates of origination therefore conceals in its bosom the duality of the very concept of a claim, the traditional legal claim and the economic claim. The economic claim is not a subjective personal right. It is not a legal claim. It is not autonomous of the legal claim and must not be confused with a claim originating in a case of unwarranted enrichment. The economic claim represents the value produced by the contract as the service which characterizes it is provided. It permits the rectification of the ordinary application of the concept of legal claim by ensuring the function of correlating the proceeds with the costs of a commodity or an activity. Its domains of application are varied. In addition to its use in accounting and fiscal law, the economic claim permits the determination of the portion transferred in the context of the transfer of a contract, the determination of the collateral consisting in a special-purpose fund in the context of a legal joint estate, a limited liability individual contractor or a trust, as well as the determination of the liabilities which escape the discipline of collective proceedings. In these domains, it is therefore not the date of origination of the legal claim which applies, but the date of origination of the economic claim. The coherence of the private law system is therefore restored as concerns the date of the origination of the claim
Chen, Chin-Chi y 陳慶棋. "The study of the partition by the court of the land held in indivision". Thesis, 2010. http://ndltd.ncl.edu.tw/handle/61534942269780951187.
Texto completoWang, Hsia-Lin y 王遐齡. "A study on the Partition of the Thing Held in Indivision by Court Decision". Thesis, 2013. http://ndltd.ncl.edu.tw/handle/18925076644934491975.
Texto completo東吳大學
法律學系
101
The right to demand the partition of the thing held in indivision is based on the freedom of partition and is protected as a property tight by the constitution, and partition by court decision is the final solution for the realization of the freedom to partition on the thing held in indivision when co-owners cannot reach an agreement on the method of partition in accordance with the principle of autonomy of private law and involves issues concerning both the substantive and procedural laws. In terms of the substantive law, the issues this thesis pays attention to include: co-owners may still demand to partition the thing held in indivision by court decision if other co-owners refuse to fulfill the deed of partition due to the completion of the prescription after an agreement on the method of partition is reached; the principle the court applies when deciding on the method of partition is that co-owners are able to acquire the thing held in indivision itself; the protection of the property rights after the partition of co-owners receiving money compensation, people with security interests in co-owners’ shares, and co-owners who do not grant any security interest over their shares; and the subsequent effects of the Judicial Yuan Interpretation No. 671. The efforts to fully realize the protection of constitutional property rights is undeniably shown everywhere in the design of stipulations and practical application of the Civil Code. As for the procedural law, the partition of the thing held in indivision by court decision is non-litigation in nature but is handled through civil procedures, and thus a special phenomenon of blending application of the theories of civil litigation and non-litigation procedures is formed, including: the adoption of the procedures of inherent necessary joint action; the diversification of the method of partition of the thing held in indivision; concerned parties has the opportunity to fully express their opinions on the method of partition while the court is not bound by the parties’ relevant claims; the parties may appeal if it is possible for them to obtain a substantially more favorable court decision; the principle of adverse alteration prohibition is not applied; and in cases of the merger and partition of several real properties, all disputes can be resolved in one legal action with addition of claim by plaintiffs and counter-claim by defendants. All above are designed to achieve the goal of protecting property rights. Based on the protection of constitutional property rights, this thesis discusses four issues which are the substantive and procedural laws concerning the partition of the thing held in indivision by court decision and the non-litigation and civil proceedings of partition procedures.
CHENG, CHU-YU y 鄭竹祐. "Relative Studies of Farmland and Farm Housing ─ Focus on The Partition of The Held In Indivision". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/72qy8e.
Texto completo嶺東科技大學
財經法律研究所
106
Since agricultural lands are crucial to food production, relative issues on agricultural lands and farmhouses have always been indispensable in real estate research. Hence, how to protect agricultural lands and ensure that farmlands are continuously for agricultural use is urgently to be discussed in Taiwan’s land policy. The article, using the partition of the thing held in indivision as core, explores legislative and practical problems of four issues derived from the act of dividing agricultural land: division of arable land, transfer of agricultural land and farmhouse, map overlay control and deregulation, and farmhouse construction. It is hoped that predicaments and solutions of current agricultural land use can be analyzed from the perspective of practice. There are two special places in the article. One is the introduction of field study. A survey of about 200 land administration agents or assistants is conducted to understand the difficulties faced by grassroots workers in professional practice of agricultural land and farmhouse business. We hope what should be corrected can be found in the analysis conducted through questionnaires. Secondly, in addition to court cases, this article has also collected cases of administrative interpretation, the best way to understand how public sector operated and its direction of thinking, to analyze actual operation of agricultural land and farmhouse. The implementation of Spatial Planning Act is imminent, and agricultural development areas will soon be designated. Control over the use of agricultural land may become rigorous. However, the objective of “agricultural land for agricultural use” remains unchanged. The biggest value of this article may be shown if the analysis can be adopted as a reference to future amendments to relative laws of agricultural land and farmhouse.
KUO, YEN-HSIUNG y 郭衍雄. "A Study on the Partition of the Thing Held in Indivision : Focus on Partition by Court Decision". Thesis, 2017. http://ndltd.ncl.edu.tw/handle/gqrp4k.
Texto completo國立高雄大學
法律學系碩士班
105
The legal relations of co-ownership, in spite of being due to juristic act or legal requirements, all belong to the co-ownership relationship of an ownership. The most important reason of the elimination of the co-ownership relationship is co-owners’ partition litigation in addition to the loss of the thing held in indivision, the fact that all the co-owner shares belong to one person, and other reasons. In terms of partition litigation, based on Article 824 of Taiwan Civil Code, the partition of the thing held in indivision can be made in accordance with the method agreed by all the co-owners. If the method of partition cannot be agreed upon, or the co-owner refuses to fulfill the deed of partition because of the completion of the prescription after making an agreement, the co-owners may sue the judgement on partition of co-owned land by court to the court. After co-owners establish the agreement partition contract, if one of the co-owners refuses to perform it, the other one of the co-owners may sue other co-owners to the court for the request that the court orders other co-owners to fulfill the obligations set in the agreement partition contract. Both the facts co-owners request other co-owners to fulfill the agreement partition contract and the court to order the partition of co-owned land by court aim at the termination of the co-ownership relationship. However, the former is the action of prestation and the latter is the action of formation; they have different natures and the proceedings and the validity of the judgment which should be practiced are also not the same. In practice, in the partition litigation of the thing held in indivision, the partition of real property is more common. In the recognized law theory, it is regarded that the cases of the judgement on partition litigation have the essence of non-contentious cases but they are not specified in the Law Governing Non-Contentious Matters; they are dealt with according to general civil proceedings, thereby different from general civil proceedings, and affect the interests of the co-owners greatly. In this article, it is first explored the nature of the claim for partition litigation. Then, in the final stage of the compulsory execution procedure, the handing-over of the partition litigation judgment, the expansion of execution, and other procedures are discussed, including the basic theories of the thing held in indivision and the controversy issues of trial practice.
Lin, chih-jung y 林智容. "The study of the partition by the court of the land held in indivision and the land value increment tax". Thesis, 2012. http://ndltd.ncl.edu.tw/handle/19200524247935371388.
Texto completo逢甲大學
會計所
100
Most people do not understand the Tax Law, not to mention the Land Value Increment Tax against division of shared land. Therefore, this Study aims to study the reasonability of the Land Value Increment Tax levied against division of shared land. The framework utilizes the literature review and analysis as the main part and cases study as the supplementary part. Indicated from the findings and the result of analysis, the levy method shall be replaced with base appraisal as it is free of tax issues, and the land value remains unchanged without any problems incurred with the loss of tax revenue regardless of the size of people in the sharing. What is more, it enables to reduce factors such as tax collection costs, sources of complaints about taxation, and additional cost beyond public tax burden for effect of public convenience.
Cheng, Ching-yun y 鄭景耘. "The Mortgage on the Share and the Partition of the Thing Held in Indivision: Focus on Article 824-1 of Taiwan Civil Code". Thesis, 2017. http://ndltd.ncl.edu.tw/handle/bk6yan.
Texto completo國立臺灣大學
法律學研究所
105
Since the development of Roman law, the property rights of the co-owners and the right to demand the partition of the thing held in indivision have been recognized as the fundamental of co-ownership. According to paragraph 1 of Article 819 of Taiwan Civil Code and J.Y.Interpretation No. 141, each co-owner can freely create a mortgage on his own share. But it should not impair the interest of other co-owners. However, as the majority opinion and paragraph 1 of Article 824-1 of Taiwan Civil Code adopt the view which compares the effect of the partition of the thing held in indivision to the transferral of shares among the co-owners, the mortgage on the respective share is thought to be transferred onto all the partitioned distinct parts, and make other co-owners also bear the disadvantage of the mortgage. Although the exception of paragraph 2 of Article 824-1 of Taiwan Civil Code is aimed to moderate this problem, it contradicts the statutes of Taiwan Code of Civil Procedure and also makes the ranks of multiple mortgages even more complicated. Furthermore, as the J.Y.Interpretation No. 671 confirmed the constitutionality of the statute of Regulations of the Land Registration which adopts the same view as Article 824-1 of Taiwan Civil Code, its reason is rather questionable and hence cannot be justified. As Article 824-1 of Taiwan Civil Code may cause the loss of other co-owners and possibly violates the requirement of Constitution, it is proper to accept another way to deal with the problem. This thesis suggests that the mortgage on the respective shares should be shifted only to the distinct part of the mortgagor. The institution of the litigation for the partition and the real subrogation of the mortgaged property can facilitate this goal. Thus, the interest of the co-owners and the mortgagees can be fully respected and protected by the law.