Extrapatrimonial rights differ from patrimonial rights in that they
they are not susceptible of a pecuniary evaluation: they are not part of the patrimony
of the patrimony.
A. The legal regime of extrapatrimonial rights
Extrapatrimonial rights are:
– non-transferable, i.e. they are extinguished with the person and do not go to the heirs,
– unseizable, no creditor can use them,
– imprescriptible, i.e. the passage of time or the non-use of these rights does not cause them to be extinguished
B. The different types of extrapatrimonial rights
1. Public rights or human rights
Human rights are fundamental rights inherent to every human being and
inherent to every human being and are inalienable. Public rights
precisely concern the relations between man and the State. They are recalled by the Declaration of the Rights of Man and of the Citizen of 1789, the Constitution of 1958, and the European Convention on Human Rights of 1950.
- Political rights: the right to vote, the right to stand for election
of eligibility, and the right to equality.
- Economic rights: right to strike, freedom of
- Social rights: freedom of association, freedom of
freedom of association, freedom of trade union, freedom of assembly.
2. Private extrapatrimonial rights
Private rights are diverse. In particular:
- Right of personality: it protects the physical persons and the respect of their
and the respect of their person; right to physical integrity,
right to life, right to privacy, right to honor, presumption
of innocence, etc.
- Family rights: they result from marriage and family
organization of the family; rights of marriage, right of the family
- Moral rights of the author: they apply to an intellectual work
intellectual work; right to have the authorship recognized, right to respect
of the work, right of disclosure, etc.