The patrimony of assignment.

Authors
Publication date
2010
Publication type
Thesis
Summary The patrimony of appropriation originates from the German doctrine of the 19th century and has recently been established by the legislator in limited cases. This raises the question of its extension to the whole of French law. Traditionally, the patrimony by appropriation is opposed to the classical theory of patrimony, but this theory is challenged by positive law and can be refuted at the dogmatic level. Moreover, the patrimony by appropriation, generally understood as a mass of assets assigned to a purpose, is subject to notional uncertainties. In reality, the patrimony by appropriation is a legal universality driven by a purpose or by an interest and characterized by the separation of patrimonies. Thus defined, it appears that the named patrimonies by appropriation do not really correspond to the concept and that they must be modified. Moreover, the patrimony by appropriation has various uses both in family property law and in business law, especially in financing and company law, and would thus be a source of economic efficiency in French law. Therefore, general recognition of the patrimony by appropriation in positive law is necessary.
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