Thing

Publication director

🏗️ direction of the collection: 📚Cours Dalloz – Série Droit privé

📚Publication of : 🕴️Astrid MARAIS, 📕Droit des personnes (Law of Persons), 5th ed.

► Full Reference : A. Marais, Droit des personnes (Law of Persons), 5th ed., 2021, Dalloz, “Cours Dalloz-Série Droit privé” Series, 349 p. - ► General presentation of this Course (written in French) : Since the first edition of her book, Professor Astrid Marais has opened it with these words: « Everything is either a thing or a person ». Starting from this essential principle, the textbook describes how the law determines the two categories of persons, natural persons and legal persons, how it individualises them and how it protects them. The concern for natural persons is all the greater today as the law takes into account the bodies of human beings. This is notably why the book sets out the « Law of Persons » through the various branches of Law, all of which are now concerned by it. - 📚See the entire collection in which the book is published. - 📚See the presentation of the Courses related to this one : 🕴️D. Fenouillet, 📕Droit de la famille (Family Law) 🕴️Ch. André, 📕Droit pénal spécial (Special Criminal Law) 🕴️A.-M. Leroyer, 📕Droit des successions (Law of Succession) -

Working papers

The destruction of the de jure distinction between person and things: fabulous gain, catastrophic gain

This working paper serves as a support for an article published in French in the Recueil Dalloz. In Lisbon, in the Web Summit of November 2017, a machine covered with a skin-like material and a sound-producing device gave a speech in public at this conference on digital. For example, a French article tells the event by this title : Le premier robot citoyen donne sa propre conférence au web summit  (The first citizen robot gives his own conference to the web summit). Some time later, reports show the same robot walking and taking more than 60 facial expressions, the text laudatif that accompanies the images designating the automaton by the article: she.1It is true that in 1966, the BBC already presented a sort of robot being the "ideal" servant and designating it by the article "she".. The machine, which falls legally within the category of "things", is thus presented as a person. Let's look elsewhere. Women, who are human beings, sign contracts by which they agree to give birth to children, with whom they claim they have no connection, that they are not mothers, that they will hand them over immediately at the exit of their belly to those who desired their coming, this desire for parenthood creating by hitself the true and only link between the child and his "parents of intent". The mother-carrier is often openly referred to as "oven". The woman, who falls legally within the category of the "person", is thus presented as a thing. The two sensational phenomena are of the same nature. They call two questions: 1.Why? The answer is: money. Because both are the result of the new construction of two fabulous markets by supply. 2.How? The answer is: by the destruction of the distinction between the person and things. The distinction between person and things is not natural, it is legal. It is the base of the western legal systems, their summa divisio. If this distinction disappears, and for money to flow, it must actually disappear, then the weak human being will become the thing of the strong one. Read below the developments.