Le droit de disposer du bien d'autrui pour son propre compte : contribution à la distinction de la propriété et des droits réels

Abstract : The title of disposal, and especially the quasi-usufruct is the right to dispose of the ownership of another person with the same rights as the owner himself, but provided that you preserve the original purpose and you ensure the identical benefit in value or in kind. It has an immediate credit faculty or a medium or long term credit facility, depending on whether it takes the form of a quasi-usufruct or of a pledge or of a mortgage. Quasi- usufructuary, irregular depositor, pledge chargee or mortgagee are in fact all holders of a title of disposal. They have the right to destroy the good of a third party, to sell it, or to constrain it with legal obligations for their own profit and without becoming owners. Because their right to dispose is distinct from that included in the ownership (art. 544 civ.c). It is independent and can not be identified with a mean of acquiring or with a reduction right of ownership : it's a title comprising the use of the good of a third party (the abusus), made up of the allocation of the value of the goods of a third party to the donor or to a good of the donor, and subsidiary to the right of this one. It comprises an accurate legal framework : it follows the establishment and the cancellation rules of the estate rights, subject to the changes imposed by its content (the abusus), by its purpose (notably the intangible goods) or the governing contract (for example the depository agreement which take the effect of the irregular deposit and is distinguished from the consumer loan since it can not transfer the ownership).
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Brigitte Lotti. Le droit de disposer du bien d'autrui pour son propre compte : contribution à la distinction de la propriété et des droits réels . Droit. université Paris-sud XI, 1999. Français. ⟨tel-01800653⟩

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