Should the Notion of a Right of Ownership Bearing on Incorporeal Property Meet with Disapproval? Reflections Upon the Ownership of Claims (Faut-il Condamner La Propriété Des Biens Incorporels? Réflexions Autour de La Propriété Des Créances)

This article aims at estabiishing the possibility of recognizing the ownership of incorporeal property and especially of claims in Romano-Germanic legal system. Desptte the traditional theoretical reluctance towards ownership of incorporeal property and especially towards the ownership of claims, positive law seems more and more disposed to recognize a claim as property, as an object upon which ownership bears. Not only are analyses other than the materialistic analysis of ownership possible, but the latter seems more and more at odds with recent developments in law. The distinciion between real and personal rights, often invoked to refute the notion of the ownership of claims has long reached a number of limits. Above all, one can note than it is possible to find ownership in the notion of the titulartty of claims, which is classically used. The recognition of such ownership also has technical consequences, in terms of a juridical regime. One can find in the ownership of property claims a large part of that which constitutes the juridical regime of material ownership. Thus even if one doubts, as do certain scholars, the fact that the ownership of a claim as a type of immaterial ownership is an antimony totally out-of-date, it nevertheless seems possible to bring it up-to-date, with the recognition of an authentic incorporeal ownership, bearing on the incorporeal property that claims are