French law referred to Roman law in the Mediterranean, the current definition of shoreline, regardless of the maritime facade, dates back to the order of the Colbert Navy (Article 1 of Title VII of Book IV of the August 1681 Ordinance): “will be reputed seaside and shoreline all that it covers and discovers during the new and full moons, and how far the great flow of March can extend on strikes”.
The case-law, judgment of the Council of State — Kreitmann of 12 October 1973, has clarified that “these provisions must be understood as fixing the limit of the public maritime domain to the extent to which the highest seas may extend, in the absence of exceptional disturbances”.
Finally, these principles were enshrined and supplemented by Article L.2111-4 of the General Code of Ownership of Public Persons (CGPPP). This article also defines the consistency of the public maritime domain.
The maritime public domain (MPD) is one of the broadest elements of the public domain of the State and its consistency is largely based on the finding of a state of affairs resulting from the action of nature. Its limits are therefore not fixed in relation to riparian properties.
Like any public domain of the state, the DPM is above all inalienable and imprescriptible. This principle was decreed by the Edit de Moulins of 1566 for the DPM, a principle reaffirmed by the CGPPP (Article L.3111-1).
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