Les communs naturels, de l’intérêt à l’action en défense
In order to defend the natural commons, which illustrate ecological solidarity and are defined in a preliminary manner, two approaches are considered in the light of civil law. The first is based on a traditional vision, distinguishing between the subject and object of the law, and imposing the exis...
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| Format: | Article |
| Language: | French |
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Éditions en environnement VertigO
2022-12-01
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| Series: | VertigO |
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| Online Access: | https://journals.openedition.org/vertigo/38348 |
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| Summary: | In order to defend the natural commons, which illustrate ecological solidarity and are defined in a preliminary manner, two approaches are considered in the light of civil law. The first is based on a traditional vision, distinguishing between the subject and object of the law, and imposing the existence of a subjective right to be defended. In the case of the natural common, it will not be an exclusive subjective right but a trans-individual and indivisible right. As for the objects concerned, it will not be a question of objects of property but of common things susceptible of common use. Infringements of the transverse interest and of the thing and its common use should allow an action in defence of the natural common. The second, bolder approach goes beyond the subject-object distinction and subjective interest and is based on the legal reparability of ecological damage. It develops the idea of an interest in the natural commons comprising both the interest of a community composed of humans and non-humans (an indivisible and transvivorous interest) and the interest of a common object linked to the community. The singularity of this common interest requires procedural arrangements for its defence in court, particularly in terms of holders, courses of action and methods of remedy. |
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| ISSN: | 1492-8442 |