La peau humaine tatouée comme objet de propriété corporelle : à la vie, à la mort

Abstract

In this contribution, we will explore the legal status of tattooed human skin as a material object, a singular figure of property for civil law. We will focus on the problematic aspect of the body and embodied works of art as subjects of appropriation, using a few key examples to highlight the bundles of law in tension over this so-called "sensitive" object. We propose to describe the mutation of tattoos, examining their evolution from life, when they are fully inscribed in the body and thus "subjects of law", to death, when they become a singular asset subject to the principles of the unavailability of the human body and the legal requirement of dignity.

Keywords

• human remains
• property
• dignity
• off trade
• consent