| Titre | Le bien de famille insaisissable. Politique et législation de la petite propriété sous la IIIe République | |
|---|---|---|
| Auteur | Hervé Bastien | |
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Revue | Etudes rurales |
| Numéro | no 110-112, 1988 La Terre : succession et héritage | |
| Rubrique / Thématique | Transmission du patrimoine et problèmes fonciers |
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| Page | 377-389 | |
| Résumé anglais |
Undistrainable Family Property: The Politics and Legislation of Small Property under the Third Republic
Toward 1890, all political factions agreed on the need to support agriculture, which consisted of a peasantry sunken in debt and farms split up in parcels. Following the example of the American Homestead Act. a July 12. 1909 law instituted "undistrainable family property", for each household, included the house and its lands, of a value less than 8000 francs. Since such property was absolutely undistrainable, it could not be mortgaged. Despite modifications after 1920, the law was not very successful. Of greater import was the introduction of measures about succession that were inspired by Le Play and advocated by Social Catholics. A 1909 law, by allowing exemptions from the egalitarian rules of the Civil Code, maintained the indivisibility of property. After 1938, these measures were extended to cover all rural property. Family property was thus at the origin of the preferential attribution of a rural estate to an heir who himself would work the land, a preference recognized by current legislation. Source : Éditeur (via Persée) |
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| Article en ligne | http://www.persee.fr/web/revues/home/prescript/article/rural_0014-2182_1988_num_110_1_4641 |
