Introduction to Legal Value Theory in French Civil Law

Ekaterina P. Krief-Semitko
Year: 2016
DOI:
UDK: 340.1
Pages: 54-79
Language: russian
Section: LAW
Keywords: value, person, property right, object, embodied object, disembodied object, human body, proprietary rights, ownership, natural object of ownership right, ownership rights, economic essence of property, specification, increment.
Abstract
The article explores the legal value theory which treats the notion of value as an objective phenomenon inherent in the outer world, both animate and inanimate. The value is the substance independent of consciousness, the inherent part of the being. A man can only reveal and cognate the value but not create it. The nature of the value can be non-economic (spiritual, sacral, etc.) and economic as well. The essence of property is constituted by economic values. Right to property is neither ownership right nor proprietary right, but it represents the fundamental subjective right of a man, his natural and sacred right. The author criticizes some aberrations of classic ownership doctrine using French Civil Code’s interpretations. The applications of legal value theory with regard to norms of specifications and increment are considered. The consequences of this theory give possibilities to protect those who lose the part of their property, i. e. the part of their economic value, without the loss of object.
License: