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Les atteintes publiques à la propriété privée immobilière

Abstract : During the last ten years, the law of public infringements has undergone considerable changes tending to strengthen it and make it commonplace. The appearance of a SARS-coV-2 type coronavirus in the territory which has further reinforced this right can perfectly bear witness to this. This study emphasizes the paradoxical role of the State, both guarantor and direct author of the infringements which are brought to the right to property and on the primordial role of the judge in the litigation of the protection of the public infringements to the property. private real estate, a role which, moreover, is just as paradoxical as that of the State. Presenting research on public attacks on private real estate property necessarily implies, on the one hand, returning to the issues that arise from the mixed legal regime of public attacks on private real estate property and which explain the difficulties associated with determining the legal rules to be applied as well as the competent judge in the event of a dispute. The shortcomings of the litigation system caused by competing powers, rivalries between judges and the lack of clarity of the rules relating to the distribution of roles between the two orders oblige this work to make an effort of clarification with the aim of better administration of the law. justice. There are many avenues proposed to remedy the evils affecting the law of public attacks on private real estate property. Presenting research on public attacks on private real estate property necessarily implies, on the other hand, exposing the difficulties resulting from the legal translation of two contradictory phrases: the general interest and the private interest. Indeed, the existence of exorbitant procedures of common law infringing the right of ownership reveal the complexity of the legal translation of the conflict existing between, on the one hand, the normally absolute character of the right of private property of immovable and, on the other hand, the no less absolute need for the public power to undermine it by resorting to various methods of forced cession, in order to meet the requirements of general interest. The owner finds himself propelled into a paradoxical world where the notion of private property has a public purpose, and in which he is forced, despite himself, to use his property in the interest of the community and not just to satisfy his needs. own interest. If we can emphatically state that the general interest always wins over private interest, this prompts us to question the reality, efficiency and effectiveness of the guarantees offered to owners who subject to a measure of deprivation or limitation of the right to property. Here are the various points to which this study intends to return.
Keywords : Real estate
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Submitted on : Monday, January 11, 2021 - 1:46:55 PM
Last modification on : Friday, September 2, 2022 - 10:49:56 AM
Long-term archiving on: : Monday, April 12, 2021 - 6:54:57 PM


  • HAL Id : tel-03105847, version 1


Nedjoua Halil-Merad. Les atteintes publiques à la propriété privée immobilière. Droit. Université de Lorraine, 2020. Français. ⟨NNT : 2020LORR0145⟩. ⟨tel-03105847⟩



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