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Quelques considérations de droit comparé sur la classification traditionnelle des biens
Some considerations of comparative law on the traditional classification of goods

Author(s): Ioan Leş
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Movable and immovable goods; corporeal and incorporeal goods; registrable and unregistrable goods.

Summary/Abstract: The present work is dedicated to a frequently debated topic in Civil Law: the validity of the division of goods in movable and immovable. In the first part of the study, the author offers an insight of the classical legislation and doctrine in the field of goods. The author believes that the traditional distinction between movable and immovable goods cannot be abandoned, due to the significant role played by immovable goods in the contemporary society, in spite of the fact that such a bipolar classification has been promoted in a period tributary to a mostly rural economy. In the same time, the social and economic evolutions in democratic societies demonstrate the increasing role of certain types of movable goods in the personal patrimony. Frequently, the value of such goods – ships, aircraft, shares, bank accounts – is considerable and may exceed the value of certain immovable ones. The second part of the study is dedicated to an attempt to reconsider the traditional typology. In so doing, the author first notes that an undeniable summa divisio is the typology of corporeal and incorporeal goods. The study ends with a proposal of introducing in the classification of goods the distinction between registrable and unregistrable goods. The author’s conclusion comes from noticing that in the majority of contemporary legal systems, the great value goods – ships, aircraft, cars, shares etc. – are subjected to a registering or publicity regime.

  • Issue Year: 2010
  • Issue No: 01
  • Page Range: 134-146
  • Page Count: 13
  • Language: Romanian
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