Patrimonies by appropriation and the personalist theory of patrimony

Abstract

This study aims to determine the legal nature and characteristics of patrimonies by appropriation and the impact of such important matters regarding the legal regime of patrimonies by appropriation on the subjectivist (or personalist), classical theory of patrimony.

We start from the idea that the patrimony by appropriation should be perceived as a new creation, with different characteristics than the ones of the “parent patrimony”. To accept this idea means to open new ways in the approach of the patrimony by appropriation and the issues debated hereby.

We will reach our goal through the answers to the following questions: Is patrimony an asset?

What about the patrimony by appropriation? Does the patrimony by appropriation reproduce the genetic code of the general patrimony or is it a new creation with a special legal regime? What are the special characteristics of the patrimonies by appropriation?

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