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La remise de la chose - essai d'analyse à partir du droit des contrats

Abstract : The handing over of goods is a first sight a simple concept and is rarely analysed as such. It is usually classically studied through its effects and the conclusion is that it is secondary within contract law. Nevertheless, an analysis of the handing over of goods through its material reality casts a new light on the concept. It then may be defined as the combination of an abanonment on the tradens side followed by an entrance into possession on the accipien's side. This combination is ihherent to all transmission of goods and is legally expressed by the concept of putting at one's disposal removal. Such a presenttaion first suggest a new analysis of the obligation of handind over a good which thus becomes an obligation of putting at one's disposal derived from the roman obligation of praestare. Then, it allows to systematise non contractual handing over of goods in which the agreement cristallises on the combination. Although the handing over of goods is not usually held to be an operation fully legal, it may endow a juridical potential if presented in a new way. Because of its specification and autonomy towards the obligation of facere and the ablogation of dare, the obligation of putting a good at one's disposal may contribute to the redefining of the summa divisio of obligations based on their subject. When detached from the contract, the handing over of goods can not be considered as a simple fact. Because it produces legal effects, it remains a juridical operation.
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Contributor : Johann Le Bourg <>
Submitted on : Monday, October 14, 2013 - 11:03:44 AM
Last modification on : Monday, February 10, 2020 - 12:16:55 PM
Long-term archiving on: : Friday, April 7, 2017 - 10:18:37 AM


  • HAL Id : tel-00872649, version 1



Johann Le Bourg. La remise de la chose - essai d'analyse à partir du droit des contrats. Droit. Université de Savoie, 2010. Français. ⟨NNT : 2010CHAML013⟩. ⟨tel-00872649⟩



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