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Theses

L'altérité - Essai sur la transposition d'un concept en droit privé

Abstract : Otherness can easily be perceived as obvious when one looks at its legal aspect. Without otherness it seems indeed impossible and useless to apprehend the law, which can only be conceived by the yardstick of others. But otherness is first and foremost a philosophical concept greatly studied by the so-called existentialist current. From this heterogeneous school, a tendency seems to emerge around a postulate shared by almost all the thinkers belonging to this movement: the otherness is a relation allowing the identity. Legally, otherness must be conceived through the influence it has on the legal relationship. In addition, otherness makes it possible to conceive identities through a new reflection deviating from the traditional notions of person and good. On the basis of otherness, it is then possible to apprehend any link of law through the anticipation legitimately made by others. Subsequently, on the legal scene, the subject of law revealed in otherness appears: an identity coveted by all the entities that the juridical personality evades. Indeed, on the basis of the fact that the legal personality does not allow to apprehend all the existences nevertheless regulated by the right (the unborn children, the dead, the humanity ...), it seems appropriate to propose an alternative to the absoluteness of legal personality. Otherness thus makes it possible to detect a method allowing the recognition, on the legal scene, of entities without legal personality but which can justify ad hoc protection, adapted to their condition and needs in application of objective law.
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Catelan Nicolas. L'altérité - Essai sur la transposition d'un concept en droit privé. Droit. Aix Marseille Université, 2008. Français. ⟨tel-01799011⟩

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