Property law (France)
In French jurisprudence , property law ( French droit des biens ) refers to a field of law that deals with all movable and immovable things that are capable of appropriation by a person and thus can form their property ( French patrimoine ).
Property law is regulated in Book II of the Civil Code (CC) as well as in some ancillary laws. According to this, all things ( French: biens ) are movable or immovable (Art. 516 CC). Real estate ( French: biens immeubles ) is an immovable property (Art. 517 CC), the land and buildings are inherently immovable (Art. 518 CC). Movable things ( French: biens meubles ) are by nature goods that can be transported from one place to another (Art. 528 CC). Boats, ferries, ships, mills and baths on boats and in general all factories that are not fixed by pillars and are not part of the house are movable (Art. 531 CC). The term “movable property” generally includes everything that should be movable according to these established rules (Art. 535 CC).
This includes physical and immaterial objects ( French choses corporelles , French choses incorporelles ) as well as real and mandatory rights ( French droits réels , French droits personnels ). However, property law - due to the causal principle or the principle of causal tradition - by no means takes the position that property law has in Germany: A purely material disposal transaction ( agreement in rem ) is unknown to French law.
literature
- Françius Terré, Philippe Simler: Droit civil. Les biens . 7th edition. Dalloz , Paris 2006, ISBN 2-247-06833-2 .