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Du droit de louage de choses au contrat de location mobilière : réflexions sur la théorie générale et l'évolution d'un contrat spécial

Abstract : The movable location's agreement turns out to be a frequently complex deal which is no longer a simple disposal of a personal property. Partly complete services frequently join the rental dealing, those services including the renting thing's simple technical charge and an efficient staff supplying as well. Then a new classification of a movable location's agreement has to be proposed. This one is based on a single movable location's qualification refined with sub qualifications by accessory obligations. Besides, as the movable location's agreement is characterized by a lake of specific disposal, then it is subject to the renting's common right as instituted in the civil law. Then the applications of the civil law's disposition (1714 to 17462) to the movable lease have to be defined, as the partied did remain quiet and as those dispositions were definitely instituted for real lease. At last, the renting property promoted by its movable type allows an easy moving and it cannot be distinguished from those belonging to the tenant; the lessor's estate right is then weakened and the lessee's creditors might be betraied by a specious solvency. It is then proper to palliate to this lake of juridical security by proposing an advertising system.
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http://docnum.univ-lorraine.fr/prive/BUD_T_1993_0009_HEIT.pdf
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https://hal.univ-lorraine.fr/tel-01777049
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Submitted on : Tuesday, April 24, 2018 - 4:09:57 PM
Last modification on : Wednesday, April 25, 2018 - 1:32:29 AM

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  • HAL Id : tel-01777049, version 1

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Stéphane Heit. Du droit de louage de choses au contrat de location mobilière : réflexions sur la théorie générale et l'évolution d'un contrat spécial. Droit. Université Nancy 2, 1993. Français. ⟨NNT : 1993NAN20003⟩. ⟨tel-01777049⟩

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