TITLE:
Energy as an Intangible Asset: A Legal Analysis in Light of Res Corporales and Res Incorporales
AUTHORS:
Éfren Paulo Porfírio de Sá Lima, Ana Clara Ribeiro de Sousa Castro
KEYWORDS:
Energy, Immaterial Goods, Civil Law, Changes in the Private Order
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.3,
September
24,
2024
ABSTRACT: This study aims to conduct a legal analysis of energy as an intangible asset by examining its history and comparing the materialist conception of property protection across various legal systems over the centuries, particularly in Germany, Italy, and Latin America. This research employs the inductive method through qualitative research and bibliographical analysis. An institutional change can be observed in how energy is treated as a valuable asset. The study begins with a theoretical examination from the perspective of the Gaian bipartition theory of res corporales and res incorporales, using historical and bibliographical analysis to assess the influence of this institutional theory on the theoretical and dogmatic foundations of legal systems regarding goods, with a specific focus on energy, especially renewable energy, and the potential implications of its use and ownership.