Abstract
Understand the relationship of the State to utilities that social housing is able to offer, specifically the distribution of rights and obligations in connection or on a rental housing assigned to the public service of social housing, is the foundation of our study. The relationship between public ownership and social housing, easily perceptible in case of mobilization of public properties for the realization of a housing project or public ownership of social housing, requires to be fully understood to reconsider the approach to ownership in public law, as it is in any private law. Neither the « classic » approach nor the « renovated » one of the property can grip the right owned by the State on social housing, only a « structural » approach allows. Based on this approach, public ownership is then heard, materially, as a public thing, because of the public nature of the person who exercises control over this thing, itself considered as a sum of utilities, and formally, as the right to public property, because of the public nature of the copyright owner, itself defined as the power to enjoy and dispose unless otherwise sources obligations of all the utilities that a thing is even to offer. In social housing, the State is not only holds a personal right on the provider of social housing, as it is traditionally on any manager of a public service, but also a real right on liability rental housing assigned to the public service of social housing. In other words, framing the power to enjoy and dispose of social housing landlord, the State reserves the value of rental housing affected in due proportion of the public funding of social housing activity, and this without being formal owner. Thus, the State controls the use value and exchange value of social housing yet belonging to others. Finally, like the wide confusion in the history of housing with the evolution of the design of the property, the history of social housing is largely coincides with the evolution of the design of public property.