Auteur / Autrice : | Astrid Rébillard |
Direction : | Agathe Van Lang |
Type : | Thèse de doctorat |
Discipline(s) : | Droit public |
Date : | Soutenance en 2005 |
Etablissement(s) : | La Rochelle |
Mots clés
Mots clés contrôlés
Résumé
The environmental easements, a polysemic expression created by the doctrine and used until now just by her, are not well-known. The recognition of a juridical notion could restructure the public easements’law. The environmental easements are reducible to the unity of a notion. Belonging to the genre of public easements (agreed in a large sense), they can be distinguished from the urbanistic easements and are a sort of public easements (agreed in a strict sense). Do these public restrictions which confer an ecological function to real property entitle owners to compensation ? From the administrative liability, the constitutionnal and european guarantees of property can not be extracted a general principle of compensation. The collective sharing of these public burdens is partly provided by some alternative or substituted mechanisms governed by a logic of solidarity or the will to guarantee effectively the environnmental policy.