Inclusivity in property regimes
Séminaire de l'École de droit
ERC Team: Séverine Dusollier, Fabiana Bettini, Daniela Festa, Maxime Lambrecht, Sunimal Mendis and Pierre Thévenin.
The INCLUSIVE project challenges our perspective of property by demystifying what is often presented as its core notion and attribute: exclusivity. Instead our research has focused on legal relationships characterised by inclusivity, defined by the erosion or absence of a power to exclude others from the benefit of the resource and by the sharing of such benefit by many individuals or a community. Rather than being mere accidents or oddities in our legal landscape, such inclusive relations are alternatives narratives in property regimes, that should be equally valid to the exclusive and individual property model. Based on analysis four cases studies, from co-authorship of wiki creations, copyleft licensing to public domain and participatory housing, the project will propose to conceptualize a notion of inclusivity, enrich our legal grammar, and identify legal effects that such inclusivity could imply to solve some current legal questions.
The ERC Team will present the current stage of development of its research and the first lines and open questions of the model of inclusivity it seeks to achieve.