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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 19201930s
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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