LexInter | September 13, 2019 | 0 Comments

Of The Property

Title II: Property
Article 544
Property is the right to enjoy and dispose of things in the most absolute manner, provided that they are not used prohibited by laws or regulations. PROOF OF OWNERSHIP

the ownership of a good is proven by all means

Court of Cassation, First Civil Chamber, January 11, 2000, Appeal number 97-15.406, Madame Deschamps v Société lyonnaise de Banque, n. Donnier, Anne, Recueil Dalloz Sirey, n ° 11, 03/15/2001, pp. 890-894

Note under Court of Cassation, Third Civil Chamber, May 24, 2000, Appeal number 97-22.255, Sté Leva against Pierrel, Libchaber, Rémy, Recueil Dalloz Sirey, n ° 2, 11/01/2001, pp. 151-155

EXERCISE OF OWNERSHIP

easements, legitimate exercise of ownership and reconciliation between funds: Court of Cassation, Third Civil Chamber, May 24, 2000, Appeal number 97-22.255, Sté Leva against Pierrel, Libchaber, Rémy, Recueil Dalloz Sirey, n ° 2, 11 / 01/2001, pp. 151-155

ASSAULT AND DESTRUCTION OF A PUBLIC WORK

PROPERTY RIGHT AND ABNORMAL NEIGHBORHOOD DISORDERS

IMAGE OF GOODS

Whereas to accommodate the request of the SCI for prohibition of this reproduction, the judgment under appeal states that the rights invoked by the CRT and Mr. Plisson find their limits in the protection of the property right of the SCI, to the extent of the abuses inherent in the exploitation of a representation of one’s property for commercial purposes and with significant publicity, that the island is the essential subject of the image, and that the photograph is used in the form of a poster for general circulation, as part of an advertising campaign intended to promote tourism;

Whereas by determining itself thus, without specifying in what way the exploitation of the photograph by the holders of the incorporeal right of its author caused a certain disturbance to the right of use or enjoyment of the owner, the court of appeal did not not given a legal basis for its decision;

Property, right of use, disturbance, photograph of the building of a third party, n. under,  Cour de cassation, first Civil Chamber, May 2, 2001 ,) Pied-de-lion, Stéphane, Repertoire du Notariat Defrénois, n ° 5, 03/15/2002, pp 329-335

not. under Court of Cassation, first Civil Chamber, May 2, 2001, Piedelièvre, Stéphane, Repertoire du Notariat Defrénois, n ° 05, 03/15/2002, pp. 329-335

Ownership of a building and property rights over its image? ; Note under Court of Cassation, 1 st civil chamber, May 2, 2001, Regional tourism committee of Brittany and Plisson against Société Roch Ahron and association Les Petites Iles de France, La Gazette du Palais, n ° 325, 11/21/2001, pp. 43-49

Restriction of the powers of the property owner as to the possibility of prohibiting the exploitation of the image of his property; Note under Court of Cassation, 1 st civil chamber, May 2, 2001, Association Regional Tourism Committee of Brittany and against SCI Roch Arhon and others, Serna, Marie, JCP E Semaine Juridique (company edition), n ° 36, 06 / 09/2001, pp. 1386-1391

Ownership: image of goods; restriction of the owner’s powers, n. under Court of Cassation, First Civil Chamber, May 2, 2001, Appeal number 99-10.709, Association regional tourism committee of Brittany and others against SCI Roch Arhon and others, Caron, Christophe, JCP G Semaine Juridique (general edition) n ° 26 , 06/27/2001, pp <; 1277-1281

Draw me a house ! Ducrey, Gérard; Lancrenon, Thibault, La Gazette du Palais, n ° 350, 12/15/2000, pp. 8-18

Can there be a property right on the image of the goods? Hamou, Ran, La Gazette du Palais, n ° 350, 12/15/2000, pp. 19-26

Literary and artistic property. Note under the judgment of the Paris Court of Appeal, 4 th Chamber, section B, March 31, 2000, De Panisse Passis, SCI L’Aspre Redon and others against SA New Loisirs-M. Boval; Ms Mandel and Ms Régnier, colleagues; Mes Semmel and Melet, Benoliel-Claux, Sylvie, La Gazette du Palais, n ° 331, 26/11/2000, pp 35-36

 

Article 545

No one may be forced to cede his property, except for public utility reasons, and in return for fair and prior compensation. Violates article 545 of the Civil Code the court of appeal which, to dismiss an owner of a land of his claim based on an encroachment by the owner of the neighboring land, holds that this encroachment was negligible, while its extent does not matter .

CIV.3. – March 20, 2002. CASSATION

No. 00-16.015. – Paris CA, March 16, 2000. – Mme Houssin v / M. Legrasse

 

Article 546
Ownership of a thing, whether movable or immovable, gives right to everything it produces, and to what is incidentally united to it, either naturally or artificially.This right is called the right of accession .

Chapter I The
right of accession to what is produced bythe thing (Articles 547 to 550)

Chapter II The
right of accession to what is united and incorporated into the thing (Article 551)

Section I
Right of accession in relation to real estate (Articles 552 to 564)

Section II
Right of Accession Relating to Movable Things (Articles 565 to 577)

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