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La notion de gage général

Abstract : Whoever is personally bound for an obligation is obligated to fulfill it out of all of his property, movable and immovable, present and future. These are the words of the article 2284 of the French Civil code introducing a fundamental notion : the common pledge. Even if it is frequently used by academics, judges and the legislator, this notion remains largely unstudied. The common pledge is, however, surrounded by topical issues : the introduction of the trust patrimony in French law, and multiple changes in family law, enforcement procedures, security law, insolvency law have transformed the common pledge mechanism. Some scholars assert these evolutions have caused the decline of the notion, if not its dissolution. Are these statements justified ? To answer to the question, the notion of common pledge has been first identified with accuracy. Then, the different evolutions that have affected it in contemporary law have been highlighted. It appears that, in private law, the common pledge has been deeply altered, whereas in public law, the notion is emerging.
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Submitted on : Wednesday, January 20, 2021 - 4:30:29 PM
Last modification on : Friday, September 2, 2022 - 10:50:06 AM

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  • HAL Id : tel-03116859, version 1



Julien Risser. La notion de gage général. Droit. Université de Lorraine, 2020. Français. ⟨NNT : 2020LORR0159⟩. ⟨tel-03116859⟩



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