The plurality of heritages.

Authors
  • BAH Mamadou yacine
  • BAYLE Marcel
  • YILDIRIM Gulsen
  • BAYLE Marcel
  • YILDIRIM Gulsen
  • BONNEAU Thierry
  • DAURIAC Isabelle
Publication date
2021
Publication type
Thesis
Summary The transition to the twenty-first century, which promised all kinds of changes, has resulted (among other advances) in the advent of the plurality of patrimonies in French private law. The eviction of the postulate, dear to AUBRY and RAU, according to which a single person can have only one patrimony, which has had a lasting influence on this branch of law, is notable. The trust and the status of individual entrepreneur with limited liability are the most remarkable manifestations of the plurality of patrimonies, the consecration of which constitutes - in reality - the result of a legislative movement that has constantly attenuated the force of the principle of uniqueness of patrimony. This observation calls for a theoretical explanation of the assignment model adopted, which proceeds neither by negation nor by artificial fragmentation of the person. The result is a reified conception of patrimony that accommodates a "purpose" that federates its elements and a subject of law that remains its support. As the norm -from now on-, the plurality of patrimonies must be organized around a principle that is applicable to a double condition: a definition of the field of patrimonial appropriation must be completed by the implementation of an eligibility criterion. This is how a progressive adaptation will make the allocation mechanisms powerful legal levers for the attractiveness and growth of the French economy.
Topics of the publication
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