Introduction

Abstract

The mere fact of defining the legal essence of the act of nationalisation by no means exhausts the theoretical and practical problems raised by nationalisation. The difficulties are, on the contrary, merely beginning. Indeed, nationalisation, by transferring to the community the ownership of the means of production and exchange, and by orienting their utilisation towards the collective interest, not only radically transforms the conditions of economic life, both in appearance and in reality, but also makes drastic changes in its legal structure. It is desirable to consider, in the light of what we have so far found in respect of the introduction and legal essence of nationalisation, its fundamental repercussions on the major branches of the legal system.

“To take away private property is, so far as the law is concerned, relatively easy; to exploit it is more difficult.”

G. Ripert, Le Régime démocratique et le Droit civil moderne, Paris, 1948, p. 246.