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Title
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Quelles réponses à la décadence des actions possessoires? Une analyse comparative des droits français, belge et italien = What answers to the decadence of possessory actions? A comparative analysis of French, Belgian and Italian Law
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Author
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Abstract
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| The suppression of the possessory actions from the French civil code and the French code of civil procedure is illustrative of the crisis of a legal institution with a long history, reaching back into the tradition of the ius commune. The article analyses the reasons of this crisis in France, hereby critically analysing whether it is possible to replace the possessory actions by the refere without deeply changing the meaning of possession. These observations are linked to Italian law, where possessory actions have escaped a crisis by opening up to the dynamic of movables and immaterial goods, and to Belgian law, where another solution to the crisis of possessory actions is searched: renewing the system of protecting possession to render it able to respond to the challenges of today. These legal systems are analysed by enumerating the differences in the rules and the judicial applications of possessory actions, which have provoked different evolutions. Specific attention is given to the effects of the suppression of the "non-cumul" of possessory actions with property (petitory) actions on the systems of attributing property rights. A number of observations are made concerning the general tendencies of the protection of possession in the civil law legal systems, thanks to the comparison of French, Italian and Belgian law. |
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Language
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French
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Source (journal)
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Revue européenne de droit privé. - Dordrecht
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Publication
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Dordrecht
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2018
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ISSN
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0928-9801
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Volume/pages
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26
:2
(2018)
, p. 197-226
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ISI
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000432400200003
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