The general theory of property in civil property law can no longer remain closed to the theories of extra-legal disciplines. It must once again open up especially to the economic theory of property, the recent progress or results of which are likely to enable it to overcome its own contradictions and to evolve.
In this perspective, civil property law must find a balance between individual and collective property, without the debate slipping on the political terrain and the tone being militant. The Togolese Land and State Code have made progress in this direction.
In these major trends, this Code has had no prevention or complex with regard to forms of collective ownership or collective land organization. For example, it oversees land associations and collective registration. He goes even further by creating local conventions, the subject of this presentation. If the Land and State Code has been able to achieve these results, it is because it is not just a regulation or a prescription. It is also a toolbox.
The nagging question (meaningful) is immediate: what is the function in the Land and State Code of local conventions? Such a question will allow us to discover the concept of the local convention and its regime.
In the philosophy of the Land and State Code of Togo, local conventions constitute an instrument for the management of local communal goods. The economics of the Land and State Code can be invoked in support of this answer. Indeed, local agreements are the subject of articles 588 to 599 of the Land and State Code grouped in a chapter which is inserted under a sub-title, entitled “General regime for the management of natural resources”, a title entitled “Management of natural resources”.
Hence the presentation in two parts