Shared use of property: A way to promote environmental commons?
Poux, Victor
Shared use of property: A way to promote environmental commons? - 2023.
42
In Elinor Ostrom’s definition of the commons, shared use of a commons is one of its main characteristics. However, the shared use of land is not self-evident in French civil law. Indeed, the model concerning relations to property was built on the idea of exclusive and absolute ownership. It would seem, nevertheless, that with the rights of special use, it is now possible for an owner to freely allocate the use of their property to several people. Ownership, although exclusive, would then take on an inclusive tone. Above all, this shared use could contribute to the environmental preservation of a commons: first, by neutralizing the absolutism of ownership by limiting the owner’s power over their property; second, by a de facto withdrawal of the property from the legal trade during the sharing period.
Shared use of property: A way to promote environmental commons? - 2023.
42
In Elinor Ostrom’s definition of the commons, shared use of a commons is one of its main characteristics. However, the shared use of land is not self-evident in French civil law. Indeed, the model concerning relations to property was built on the idea of exclusive and absolute ownership. It would seem, nevertheless, that with the rights of special use, it is now possible for an owner to freely allocate the use of their property to several people. Ownership, although exclusive, would then take on an inclusive tone. Above all, this shared use could contribute to the environmental preservation of a commons: first, by neutralizing the absolutism of ownership by limiting the owner’s power over their property; second, by a de facto withdrawal of the property from the legal trade during the sharing period.
Réseaux sociaux