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Title
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En fait de meubles (incorporels), possession (ne) vaut (pas) titre: Remonte aux sources d’un dogme de l’article 2279 du Code Napoléon
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Author
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Abstract
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| Classically, the possessors of incorporeal movable goods are excluded from the protection given by article 2279 of the Code Napoléon (French and Belgian Civil Code; the French Civil Code has changed the number to art. 2276 without changing its wording). However, this article says that “concerning movables, possession has the value of a title”. It does not exclude incorporeal goods. One may therefore wonder if the traditional exclusion of incorporeal movable goods was the will of the Napoleonic legislator. This article will try to respond to that question by an analysis of the sources of the Code Napoléon and of the reasons advanced in the nineteenth century in favour of the exclusion of incorporeal goods. It will also appreciate whether these reasons are still relevant today. It does this with regard to French and Belgian law. |
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Language
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French
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Source (journal)
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Revue juridique de l'USEK. - Jounieh, 1992, currens
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Publication
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Jounieh
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Presses de l'Université Saint-Esprit de Kaslik
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2020
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ISSN
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1026-3268
[print]
2664-8156
[online]
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Volume/pages
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20
(2020)
, p. 131-171
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