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Plea for the extension of legal personality with reference to the African perspective

May 23, 2022

The article by Christophe Bouriau and Serge-Marie Mbonda is entitled: “Plaidoyer pour l’extension de la personnalité juridique, en référence à la perspective africaine.” It proposes, through the study of recent legal fictions based on an extension of legal personality to natural entities on the one hand, and to future generations on the other hand, to compare Western and African cultural identities in terms of the protection of Nature. Why do Africans not need to resort to legal fictions enacted in the form of laws to ensure the protection of their natural heritage? What, in their conception of duties towards future generations, differs from our Western conception? It is the function assigned to memory, it seems to us, that is at the heart of the difference between the two approaches.

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