Propriété

Propriété is a fundamental concept in civil law denoting the exclusive rights of ownership a person may exercise over a thing, enforceable against others and recognized by law. It is typically considered a right in rem, meaning it binds the world, and represents the broadest form of ownership, whether over tangible or intangible assets.

The scope of propriété covers corporeal things such as land, buildings, and movable objects, and, in some jurisdictions, certain incorporeal assets. It grants the owner the use, enjoyment, and disposal of the thing, as well as the right to derive fruits from it, while excluding others from interferencing with the owner's use. Acquisition generally occurs through title transfer, delivery, prescription, succession, donation, or exchange; ownership of immovables often requires formal registration.

Ownership can be limited by various encumbrances and obligations, including servitudes (easements), usufruct, liens, mortgages, and regulatory restrictions (zoning, environmental rules). Copropriété refers to joint ownership by multiple holders, with rights and duties allocated among them. Public authority may exercise expropriation or eminent domain for public purposes, typically with compensation to the owner.

Intellectual property is related but commonly treated as a separate area of law under the broader notion of propriété intellectuelle, encompassing copyrights, patents, trademarks, and trade secrets. The concept of propriété has deep historical roots in Roman law and was systematized by modern civil codes, notably the Napoleonic Code, shaping property regimes across many countries.