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L'occupation sans titre du domaine public

Abstract : Untitled occupation of the State property generates patrimonial, financial and economic damages. This phenomenon therefore prevents the owner and manager of the State property from effectively benefitting from their domain and hinders any economic development of the State property by slowing or stopping further investment into the State property. Untitled occupation is also a phenomenon that goes beyond the interests of the owner and manager of the domain since it is likely to create a competitive disadvantage between regular and illegal occupants.While it is impossible to fight untitled occupation of state property in the long term due to its protean and recurrent nature, the only solution for the owner and manager of the domain is to effectively manage each situation of untitled occupancy on a case-by-case basis.This thesis aims to present a series of answers that can be adapted to the multiplicity and specificities of cases of untitled occupation with each having the same objective of ending untitled occupation of the State property. To implement the most effective responses, it is first necessary to know the legal status of the untitled occupier and to demonstrate that this phenomenon results from diverse circumstances that may be taken into account in the management of untitled occupation. Depending on the kind of untitled occupation, two types of responses can then be implemented: a contentious response which is the classic response to occupation without title, or a negotiated response being a more flexible approach requiring no intervention by the judge.
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Submitted on : Monday, September 23, 2019 - 2:55:10 PM
Last modification on : Tuesday, September 24, 2019 - 1:16:12 AM
Long-term archiving on: : Sunday, February 9, 2020 - 1:02:04 PM


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  • HAL Id : tel-02294460, version 1



Marion Thierry. L'occupation sans titre du domaine public. Droit. Université Bourgogne Franche-Comté, 2019. Français. ⟨NNT : 2019UBFCF004⟩. ⟨tel-02294460⟩



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