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  1. 1 Humanistyka i Przyrodoznawstwo

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  1. 1 Guibet Lafaye C.

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  1. 1 2016

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Quel modéle pour penser l'inappropriable?

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Guibet Lafaye C.
Humanistyka i Przyrodoznawstwo
|
2016
|
issue 22
7-37
EN
The inappropriable has until now been relegated to the margins of the law. It has been thought of as an accidental property of the legal regime concerning some entities, such as the commons. Nevertheless a positive status can be conferred to it. This paper aims to define this positive status. To this end, we will first identify the requirements for recognizing something as the inappropriable and a status for it. Then, we will consider the models in terms of which the inappropriable can be understood, for example the inalienability and the commons. Finally, we will analyse the conditions for the institutionalization of the inappropriable, including the guarantee of universal usability, the private reservation of utilities and the prohibition of exclusion.
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