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PATRIMONY

Sociologyindex, Sociology Books 2011

Patrimony is a right, a status or tangible asset inherited from a father or other ancestor.

In principle, a patrimony may be inherited by either sex although the term is generally associated with patrilineal transmission of status, property and wealth.

Patrimony is legal entitlements inherited through one's father through generations in the same family. Under the French legal system, Patrimony is the envelop that contains all of a person's rights and obligations which can be assigned a monetary value. In traditional French legal doctrine, each person whether physical or juridical can only have one patrimony. There could be no patrimony without a person. Patrimony is the sum total of all personal and real entitlements, including movable and immovable property, belonging to a real person.

National patrimony is the heritage or accumulated reserves of a nation.

Family patrimony is created by marriage or civil union which creates a bundle of entitlements and obligations that must be shared by the spouses or partners upon divorce, annulment, dissolution of marriage or dissolution of civil union, when there must be a division of property.

Neo-patrimonialism is defined Christopher Clapham as a "form of organisation in which relationships of a broadly patrimonial type pervade a political and administrative system which is formally constructed on rational-legal lines."

Trust and Patrimony
Lionel Smith
Quebec Research Centre of Private and Comparative Law
Revue Générale de Droit, Forthcoming
Abstract: The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which is founded on the obligations owed by the trustee in relation to the trust property. The rights of beneficiaries in the common law trust are neither purely personal rights against the trustee, nor are they real rights in the trust property, but rather they are rights over the rights which the trustee holds as trust property; they have a proprietary character since they persist against many third party transferees of the trust property. This analysis of the common law trust leads to the conclusion that it would be a fundamental change to turn the common law trust into a legal person. More generally, it is argued that any legal system that characterizes the trust as a legal person will find that it has ceased to understand the trust as a fundamental legal institution.

Between history and commodity: the production of a musical patrimony through the record in the 1920–1930s
Sophie Maisonneuve
European University Institute, Florence, Italy
Centre de Sociologie de l'Innovation, Paris, France
École des Hautes Études en Sciences Sociales, Paris, France
Abstract: In the interwar period, the gramophone rapidly spread as a medium for music. This development accompanies a shift in the social relation to ‘classical music’. This shift was supported by many agents, the interest for past music and its history grew as it became increasingly associated with an unprecedented commodification of music. Relying on the double meaning of the term of patrimony — both a heritage from the past and a possession that can be enjoyed — we call this double process patrimonialisation of classical music. To analyse it, it is necessary to take into account the various concrete agents of its formation: music lovers, musicologists, marketing agents, but also objects, domestic practices and concrete aesthetic experience. Giving back their importance to material culture and ordinary amateurs, it is suggested that the driving principle of this process is to be found in the specific articulation of all these agents in an unprecedented network that configured a new setup for the appreciation of music. ‘Classical music’ was thus redefined in and through the record. It became, not a monument of steady works, but a reality relying upon the various ‘setups’ that configured it. Taking over recent works on canon and patrimony, new directions in the history of music and in the sociology of art and culture are suggested.
 

 

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