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- Title
Categorization of goods in the new Belgian property law.
- Authors
Maeschaelck, Bram
- Abstract
An interpretation under the old Civil Code was to see "objects" as referring to corporeal things, whereas "goods" would be a broader category: all things that can be the object of a property right, including incorporeal things, whereas another would consider an "object" an external entity, and "goods" those objects that can be part of property law. In this definition the destination of the goods, i.e. the use of all or for a public service, was proposed as the criterion for public domain goods. 3.44 CC enshrines three definitions into law that were lacking under the old Code: that of fungible goods (goods interchangeable for the performance of an obligation), consumable goods (goods that cannot be used without consuming them) and generic goods (goods determined by size, number or weights, as opposed to ascertained goods). The legislator deliberately did not answer the question whether privately owned goods could also constitute domain goods.
- Subjects
PROPERTY rights; LEGAL education; LEGAL recognition; LEGAL rights; CIVIL rights; PUBLIC domain
- Publication
European Property Law Journal, 2021, Vol 10, Issue 1, p46
- ISSN
2190-8273
- Publication type
Article
- DOI
10.1515/eplj-2021-0004