This public performance by drummers and dancers constitutes a legal claim to the Sasqets mask because the performance can only be done by those with the rights to this spiritual, incorporeal property and its physical manifestations.
The Sts'ailes repatriation connects two bodies of law: mainstream property law as clarified in the repatriation policy (and, in another sense, the Museum's contract with the City to manage the collection), and Coast Salish law regarding incorporeal property and its physical manifestations.
Instead, the proposition that incorporeal property
rights should be compensated is reflected in the new constitution and lends support to the argument that financial losses, such as diminution in market value, may be compensated under today's law.
This movement has been reflected textually: the Civil Code of Quebec, unlike its predecessor, refers to "property" (biens) rather than "things" (choses), (158) and the first article in the book "On Property" provides for incorporeal property. (159) Thus, for example, is intellectual property given codal recognition amongst other biens.
A later reference to the notion of bien as "englobant en meme temps la chose et le droit que l'on a sur cette chose" (ibid at 528), in its use of chose, is already at odds with the recognition of incorporeal property in art 899 CCQ, unless choses may be incorporeal in which case online resources may be choses as well as biens.
dispose of this incorporeal property
. (150) As another antebellum
jura in re propria class of incorporeal property. (121) Throughout
supra note 3, at 1253 ("Incorporeal property is traditionally