Dissertationen zum Thema „Abus des droits“
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Werthe, Talon Séverine. „Les droits discrétionnaires“. Dijon, 2003. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/a1ebc098-89a7-45ac-ad3f-995f63a35300.
Der volle Inhalt der QuelleDiscretionary rights are subjective and arbitrary rights (unjustified rights) wich are outside the abuse of right theory whose criterion is to divert rights from their purpose. Although they are granted in the interest of the person entitled to them, they have a purpose determined. They differ from liberties and from powers. They come under potestative rights, from property rights and from personality rights. Their common purpose, to protect the person entitled to them, command their discretionary nature, wich is the only guarantee of their efficiency
Bonnet, Philippe. „L'application du droit de la concurrence aux droits de propriété intellectuelle“. Caen, 2006. http://www.theses.fr/2006CAEN0078.
Der volle Inhalt der QuelleNoblet, Alexandre. „La lutte contre le contournement des droits nationaux en droit communautaire : contribution à l'étude de l'abus de droit communautaire“. Rouen, 2004. http://www.theses.fr/2004ROUED001.
Der volle Inhalt der QuelleThe objective of a Single Market implied a contradiction between the Community rules on free movement and the national politics. But the growing ascendancy of the EU law on the national laws induced private persons to create false-conflicts in order to circumvent internal dispositions. The exercise consists in introducing an artificial cross-border element in the situ-ation in order to benefit the free movement regime. The European institutions have reacted in recognizing legitimate interests which Member States may have to preventing certain of their nationals, by the means of the facilities created under the Treaty, from attempting wrongly to evade the application of their national legislation. By this way, they have put the debate at the level of the national law and focus their attention on the legitimity of the national legislation to apply and not on the illegitimity of the exercise. Such an approach is inadequate because it is the negation of the European connection's artifice and of the individual intentions. The best solution to solve the problem is to consecrate a general principle of abuse of rights
Séguier, Valérie. „L'application du droit de la concurrence aux sociétés de gestion collective des droits d'auteur dans le domaine musical“. Toulouse 1, 2013. http://www.theses.fr/2013TOU10009.
Der volle Inhalt der QuelleSince the last forty years, the emergence of online music distribution services has created challenges for the music industry. The traditional system of licensing copyright initially national became international due to the new forms of exploitation, as internet and news medias. Collecting societies have traditionally administered licences on a territorial basis. In addition, collecting societies have traditionally licensed the entire repertoire in their national territories. In this context, the role of collecting societies, companies responsible for defending the rights of authors and to ensure fair compensation for the use of their works, has changed. Thus, in the early 70s, the European Institutions considered the application of the competition’s rules involving the national monopoly of these companies. While the balance between the interests of authors and the collective interest seems to have been resolved by the competition law regarding the offline environment of collective management societies, the digital environment has raised new issues which the competition law had to adapt to. The future of collective management societies for copyright protection and, more generally works by musical copyright in the digital environment is now based on the adoption of new competitive patterns
Thiancourt, Roberto. „Les droits finalisés dans le contrat. Contribution à l’étude de la justification en droit privé“. Electronic Thesis or Diss., La Réunion, 2021. http://www.theses.fr/2021LARE0026.
Der volle Inhalt der QuelleThe finalized rights shed light on a phenomenon that has been increasing in contract law since the end of the twentieth century: to attach a legal prerogative to a requirement of justification for its exercise. Dismiss an employee for a real and serious cause, dismiss a tenant for a legitimate and serious reason, dismiss a mandatary for a cause recognized in court or a company manager for a just reason... In many situations, a contractor is compelled to provide legitimate reasons for exercising a right. To better understand this phenomenon in its practical implications, the objective of this study lies in the proposal of a category to explain the convergence, de lege lata, of the regimes for exercising a set of prerogatives: the rights finalized in the contract. The finalized rights serve to designate the legal prerogatives that can only be exercised for certain specific reasons determined by law, the judge or the contract and whose respect is judicially controlled
Bouzir, Riadh. „La protection et la défense des droits et libertés des administrés contre les abus de la puissance publique en droit marocain“. Perpignan, 2003. http://www.theses.fr/2003PERP0659.
Der volle Inhalt der QuelleAfroukh, Mustapha. „La hiérarchie des droits et libertés dans la jurisprudence de la Cour Européenne des Droits de l' Homme“. Montpellier 1, 2009. http://www.theses.fr/2009MON10018.
Der volle Inhalt der QuelleIt may be surprising to speak about a hierarchy of human rights law while these ones are usually presented as indivisible and interdependent due to the unity of the individual. Nevertheless, in regard of the multiplication of the human rights, it is necessary to check if the law protects them in equivalent way. The European Convention of Human Rights Law is, in this respect, a relevant subject to study insofar as it improves some rights considered as non-derogeable. As important as it may be, this non-derogeability criterion does not justify the hierarchic value of a right. Therefore, we will try to demonstrate that the European judge, himself, singularizes some fundamental rights according to their significance in the value order of European Convention on Human Rights. The Court refers for example to fundamental rights in a democratic society. We can therefore deduce that there is a material hierarchy of rights. It is hardly questionable that the fundamental right definition restricts the national margin of appreciation. The most delicate problem concerns, undoubtedly, the conflicts than may arise between fundamental rights. Even if it is hard to justify the European judge apprehension of those conflicts, we have to admit that the issues adopted do not exclude the resort to a certain establishment of hierarchy of interests in presence
Rikabi, Mouaz. „Les droits de la propriété intellectuelle et l'intérêt général : approche en droit d’auteur et en droit des brevets“. Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0019.
Der volle Inhalt der QuelleThe evolution of the industrial economy towards the economy of knowledge has propelled intellectual property to the forefront. Intellectual property has become integrated in all the domains of the modern life. As a result, it has become a necessity to protect it effectively through appropriate legal rules that encourage creators to continue to provide new creations. However, the specificity of the nature of the work protected by intellectual property requires the consideration of multiple conflicting interests. As such, the legislator has sought, in the name of the general interest, to create a fair internal balance between the main interests present within the system of intellectual property rights. Nevertheless, the exercise of the prerogatives granted by the intellectual property system, carried out by the owner of intellectual property, has caused an important expansion of the interests of this owner, to the detriment of other concurrent interests. This has consequently caused a break in the internal balance of the system, instigated by the legislator. Nonetheless, the general interest can play a key role in restoring balance through the application of external rules to the intellectual property regime. In this perspective, the judge can, by using his creative power of jurisprudence, use the general interest as a guideline to restore balance in the intellectual property system. The general interest justifies thus, as well as the intrinsic limits to intellectual property rights, the extrinsic limits to these rights
Todorova, Marieta. „L'interdiction d'abus des droits fondamentaux“. Electronic Thesis or Diss., Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Der volle Inhalt der QuelleThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Jestin, Kevin. „La notion d'abus de convention fiscale : réflexions à la lumière des droits français et américain“. Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0461.
Der volle Inhalt der QuelleContemporary international fiscal law is undergoing a period of upheavals regarding the use of tax treaties. The research will lead to an interest in the different type of abuse that, thanks to the work devoted by the BEPS, are under the spotlight. It was necessary to shed some new light on the notion of tax treaty abuse that had long remained in the background. Faced with the absence of an unanimously adopted approach, many characteristics will be highlighted by insisting on the functional dimension of the notion which follows the form of a standard. In the context of a comparative analysis conducted in the light of French and American law, the object of the research is to analyse its several aspects from a new perspective by defining precisely the modalities of controlling abusive schemes. How judges deal with tax treaty avoidance strategies will be analysed. The various internal and international anti-abuses mechanisms will be discussed, highlighting the points of divergence and convergence of U.S. and French tax treaty policies. Attention will be paid to the conflicts of law regarding the juxtaposition of different tax order. The idea that under the effect of the multilateral instrument the notion of tax treaty abuse has acquired a distinct individuality will be defended. It will be important to specify what are the consequences for the application of the notion by the French judge
Rosado, Da Silva Marie-Philomène. „Les libertés de l'esprit de l'enfant dans les rapports familiaux“. Lille 2, 2005. http://www.theses.fr/2005LIL20023.
Der volle Inhalt der QuelleThe promotion of the child's place in the family and his lack of protection gave place to the New York 1989 Convention adoption which recognizes to child rights and freedoms among which appear the freedoms of spirit. These freedoms have an essential role as they constitute the condition of access for the child to autonomy. However, the condition of the child doesn't enable him to exercise his freedoms fully. Insofar as he is subjected to parental authority, the child is generally tributary of the goodwill of his parents. How then reconcile the freedoms of the child's spirit consecrated by the texts with the rights given to his parents ? If the relations between parents and children are characterized by authority, this one has for only finality the best interest of the child. Consequently, in the search for a balance between freedoms of the child and parents'rights, it may be convenient to rehabilitate the abuse of right concept to control that parents correctly exercise their mission
Champetier, de Ribes-Justeau Anne-Laure. „Les abus de majorité, de minorité et d'égalité : étude comparative des droits français et nord-américain des sociétés“. Paris 1, 2006. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5632%26nu%3D30.
Der volle Inhalt der QuelleTodorova, Marieta. „L'interdiction d'abus des droits fondamentaux“. Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Der volle Inhalt der QuelleThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Guilbert, Jonas. „Essai sur le concept de l'abus de droit fondamental“. Electronic Thesis or Diss., Toulouse 1, 2021. https://publications.ut-capitole.fr/id/eprint/44668.
Der volle Inhalt der QuelleCertainly, the discomfort caused by the expression “abuse of a fundamental right” is the driving force behind this research: how can one abuse a right, which is even more fundamental? In spite of the ambiguity of this expression, the abuse of rights is a positive notion in terms of fundamental rights. Envisaged in many international and regional declarations of human rights, it is particularly used by the ECHR. However, if we want to resolve certain paradoxes objectively attached to the notion, it is necessary to work on theoretical clarification: what can the subject of law really abuse in law? What does it really mean to have a right? And further, what does it mean to have a fundamental right? Based on the work of the philosopher and semiotician C.S. Peirce, as highlighted today by C. Tiercelin, this research starts from a strong ontological commitment: the necessary distinction in law between words, concepts, and things (essentially social facts). From this fundamental clarification, it will be easily seen that the expression “abuse of right” is in reality an abuse of language. However, the concept referred to by this expression has a certain usefulness andpersistent within the legal discourse. From a strictly normative point of view, the concept acts as an anti individualist iclimitation on the use of rights. By stigmatizing legally unacceptable uses, it can not only protect fundamentality as a system, but also prove to be, against all odds, the most faithful instrument to the liberalism constitutive of human rights, as a pragmatic remedy to overly general and abstract restrictions of rights. In any case, the normative work of the concept of abuse of right deconstructs the ideological representations of the legal system, which make people believe that any individual claim constitutes, without any methodical and dogmatic investigation, the exercise of a fundamental right. From a strictly cognitive point of view this time, the concept of abuse of rights can constitute a particularly fertile prism for the study of the phenomenon of fundamentality, because it invites us to delve into the heart of the process of meaning of rights from the point of view of the use made of them by the subjects of law. Thus, the meaning of fundamentality is considered beyond texts and statements, i.e. beyond language, in order to apprehend, in the light of the concept that is the subject of this research, the legally significant scope of the individual action itself: when valid use is a sign of the alleged right. The study of this significant “bottom-up” process may reveal a horizon of new knowledge about fundamental rights, and even about a legal and realistic conception of democracy
Thomas, Isabelle. „Droits fonciers et protection de l'environnement : perspectives de résolution du conflit“. Dijon, 2005. http://www.theses.fr/2005DIJOD007.
Der volle Inhalt der QuelleFrench landed property, instrument of appropriation and control of nature, legitimates the attacks carried to the environment. Consequently, the advent of environmental concerns seems to give rise to the appearance of a conflict of interest and value not easily surmountable. An analytical the of the theory of the abuse of rights, measurements of public law and the environmental contractualisation have underlined the limits of the legal devices of private and public law. The study of the conventional constraints, usufruct and rural leases reveals that environmental use is limited by inadequate legal regulation. Ultimately, the global protection of the environment cannot be reasonably considered without land ownership. The thesis thus proposes to redefine or reconsider the property rights starting from the concepts of durable development, common inheritance of the humanity or the idea of patrimonial management of the environment
Seramethakun, Matalak. „La protection de l'enfant contre l'exploitation sexuelle : étude comparative du droit français et du droit thai͏̈landais“. Toulouse 1, 2001. http://www.theses.fr/2001TOU10019.
Der volle Inhalt der QuelleSexual exploitation is presented by mean of improper treatment. Laws of two countries acknowledge a duty of their families to protect but in case of deficiency, an external intervention is necessary. French legislation is developed some of innovation matters ; whereas Thai legislation does not include any specific measures, they do not mean that the protection is inefficient. This work is to present the possibility to transposition the French principle to Thailand and the restriction on implementation
Park, Sehwan. „Les abus de puissance économique dans les relations commerciales déséquilibrées“. Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA013.
Der volle Inhalt der QuelleCompetition provisions seek to regulate the abuse of economic power in unequal commercial relationships. However, in the process, such provisions should not have the effect of adversely impacting the market or harming the proper functioning of other competition rules. When there exists a significant power disparity between parties, the stronger party can impose unequal conditions on the weaker party, particularly through what is called the "fear factor". During the duration of the contractial relationship, the weaker party will not be able to stand up to the stronger party in fear of the commercial relationship being terminated. This is why oppressive behaviors continue in reality, despite the presence of numerous regulations designed to prevent such behaviors. Law makers have a tendency to react by hastily enacting ad hoc regulations. The adaptability of powerful corporations to circumvent the rules is often overlooked. Ultimately, abuses of economic power can only be regulated on a sustainable basis through the creation of a more balanced and less concentrated market. It is in this context that a truly structural approach should be considered. This analysis compares the principal measures against abuses of economic power employed in France and Korea, which sometimes adopt different responses to similar circumstances
Lebreton, Sylvie. „L'exclusivité contractuelle et les comportements opportunistes : contribution à la théorie de l'abus dans l'exercice des droits, au regard des contrats de distribution“. Paris 2, 1998. http://www.theses.fr/1998PA020045.
Der volle Inhalt der QuelleSupera, Sasha. „La responsabilité civile extracontractuelle pour faute comme fondement de la sanction de l'abus de la liberté d'expression“. Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS564.
Der volle Inhalt der QuelleTortious liability or Torts are useful to obtain compensation for damages of Speech : a careless paper, an unkind word or the disclosure of confidential informations. Tortious liability is currently used by the States of Belgium and Luxembourg. However, in France, on July 12th 2000, Cassation Court judges took several decisions to prevent tort law to be used in Freedom of Speech processes. Since then, France has been on a wrong path. This dissertation attempts to prove necessary the return of tortious liability in the media industry and law. France is often targeted by the ECHR for violation of article 10 (freedom of speech rights). So far, noone dared to form a request to the Strasbourg Court on the French Tort law ban. However, several reasons and arguments are available to the reader in order to expect that eventually France will be found wrong to keep on the ban of civil liability in speech freedom cases
Cassiède, Marc. „Les pouvoirs contractuels : étude de droit privé“. Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0278/document.
Der volle Inhalt der QuelleThe contemporary evolution of the private law of contracts is marked by the multiplication of the hypotheses in which one or other of the parties has the possibility of acting alone on the content or fate of a definitively formed contract. For example, since 1995, it has been accepted that one of the parties to a framework contract can only fix the price. Similarly, in the event of a serious breach by one of the parties, the other party may, at his own risk, proceed to the termination of the contract. These two types of contractual prerogatives belong to a broader category that the doctrine commonly refers to as "contractual powers". However, contractual powers disrupt the traditional rules of private contract law in two respects. On one hand, contractual powers introduce a unilateralist logic, synonymous with inequality, in the contract that traditionally responds to a consensualist logic synonymous with equality. On the other hand, the mechanism of contractual powers implies a redefinition of the judge's place in contractual disputes since the latter will no longer necessarily be seized to settle disputes between the parties relating to the performance of the contract. It will be seized after the modification of the effects of the contract decided unilaterally, and this, by the party who intends to contest the regularity. To devote a study to the contractual powers therefore presupposes seeking to identify more precisely this mechanism that introduces into the contract a logic of power that is not its own, and then attempts to define the contours of the judge's intervention
Koffi, Kouassi Emmanuel. „L’affirmation d’un droit de la concurrence ouest-africain : Unifier les règles de l’UEMOA et de la CEDEAO“. Electronic Thesis or Diss., Paris 8, 2022. http://www.theses.fr/2022PA080040.
Der volle Inhalt der QuelleCompetition law plays a fundamental role in the proper functioning of markets subject to the principles of free movement of goods, services and capital. It was therefore relevant for the West African economic integration organizations, WAEMU and ECOWAS, which had both set up such markets in the 1990s, to adopt competition rules. However, these new rules were characterized by the duality of the competitive systems chosen. The institutional frameworks often turned out to be contradictory: while WAEMU member states opted for a centralized institutional architecture, ECOWAS member states preferred a decentralized system. However, all WAEMU member states are also members of ECOWAS. West Africa is thus experiencing a duality of competitive systems that is the source of legal insecurity. This prospective study is therefore a plea for the unification of regional competition laws, with the abandonment of bicephalism in favor of competitive monocephalism proving to be a necessary step to ensure the efficiency and legal security of the West African common market
Beaudoin, Guillaume. „Pratiques anticoncurrentielles et droit d'auteur“. Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100040/document.
Der volle Inhalt der QuelleAmong all intellectual property rights, copyright seemed to be initially far away from the economic concerns of competition authorities. Originally designed with a view to protecting literary and artistic creation, it now appears more as a tool of economic power turned to investment protection, and, more generally, as a vehicle of economic activity. As such, the application of competition rules to practices based on exercise or management of copyright is now regarded as unavoidable. However, such application must be performed with care and caution as it sometimes bumped into the principles of literary and artistic property and raises questions about a more appropriate definition of the protection offered by copyright. Moreover, the modification of practices complying with copyright rules, in the name of free competition, is not without risk. It leads to draw the outlines of copyright according to considerations designed for competition laws and can aim, sometimes, towards an erosion of the rights of copyright’s owners or a decline of their level of protection. Eventually, creation could be threatened. In any event, it is therefore essential to look for an equilibrium which would satisfy both the requirements and principles of free market competition and the necessity to effectively protect copyright
Caron, Christophe. „Abus de droit et droit d'auteur /“. Paris : LITEC, 1998. http://www.gbv.de/dms/sbb-berlin/349206775.pdf.
Der volle Inhalt der QuelleJudeau, Yann. „Fiscalité de la cession d'entreprise“. Rennes 1, 2012. http://www.theses.fr/2012REN1G012.
Der volle Inhalt der QuelleBigiaoui-Duhamel, Léa. „L' abus de droit en droit du travail“. Paris 1, 2002. http://www.theses.fr/2002PA010317.
Der volle Inhalt der QuelleGicquel, Héloïse. „L’étranger, entre l’État membre et l’Union européenne : étude des interactions normatives“. Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0295/document.
Der volle Inhalt der QuelleAs a result of the development of EU competences in the field of immigration, the memberStates have lost their monopoly to enact foreigners Law. As well, the EU citizens are nolonger “ordinary” foreigner. Nowadays, the member States have to make a difference betweenthe foreigners with the nationality of another Member State (European foreigners) andforeigners with third countries (extra- European foreigners). Thus, the EU law tends to bothsplit and reshape the legal category of “foreigner”. As well, EU law does not result in aunification of the relevant rules within the member States. Therefore, the foreigner is a thesame time a subject to the EU law and a subject for the national legislations. This researchintends to prove that this assumption must be reconsidered. The analysis of the EU influenceson the national categorization of the foreigners proves that firtsly, the EU definition offoreigner tends to become more and more autonomous and, on the other hand, the EU Law onforeigners tends to become more and more a common Law to the member States
Boustani, Bettina. „Montages sociétaires et abus de droit fiscal“. Nice, 2004. http://www.theses.fr/2004NICE0011.
Der volle Inhalt der QuelleLajus-Thizon, Emmanuelle. „L'abus en droit pénal“. Bordeaux 4, 2009. http://www.theses.fr/2009BOR40037.
Der volle Inhalt der QuelleThe qualified behaviours of abuse by the criminal law present criteria which establish the existence of a general concept of abuse in this branch of law. Thus any repressive text which aims at an abuse requires that it be the factor of a person holding a legal power expressly determined by the penal norm. This prerogative, granted or recognized by the law and making it possible for its holder to impose his will on others in an interest at least partially distinct from his, is conceived in an extensive way by the criminal law which admits that it can result from a situation of right or fact. Prerequisite to the abuse, necessary to its characterization, the power comes to delimit the field of it and to found repression of it. But the abuse in criminal law necessarily, leading its author to the illegality, if it is caused by the power, cannot be defined as while being the exercise. The definition of abuse forces to resort to the concept of authority connected the power, characterized by the aptitude for being believed or being obeyed recognized by the victim to the author of the abuse because the confidence which causes the legal power that he holds on her. The protean nature of the authority and the system which it forms with the power from which it remains distinct give all its coherence to the abuse, which the consists of an excess of power by the diversion of the authority which is connected there. This unit definition makes it possible to identify among the accused acts those which can or not be qualified abuse. Beyond, the concept of abuse has some utility for the criminal law, since it influences the nature of the incrimination and the methods of the repression of the abusive behaviours
Grinberg, Julieta. „Prendre en charge la maltraitance infantile. Une ethnographie du traitement politique et moral de l’enfance en danger en Argentine“. Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0130.
Der volle Inhalt der QuelleDuring the last few decades of the 20th century, state policies aimed at protecting children underwent profound changes across the Western world. These changes can be attributed, first and foremost, to the “discovery” of child abuse in the 1960s in the United States, its construction as a social problem and repercussions across the globe in the following decades. On the other hand, the ratification of the U.N. Convention on the Rights of the (1989) by most countries in the world contributed to this process of change.This thesis explores how these global transformations were translated in Argentina into a national policy for the protection of endangered children. Based on an ethnographic study on child protection services in poor neighborhoods in the city of Buenos Aires, the day-to-day management of child abuse is examined. An analysis of the local discourses and practices of state agents provides insight into the methods and implications of the political and moral treatment of endangered children in the world today
Bouzid, Maysoun. „L'abus de droit en droit fiscal tunisien /“. Paris : Publibook, 2008. http://catalogue.bnf.fr/ark:/12148/cb413195404.
Der volle Inhalt der QuelleAguemon, Khaled. „Réflexion sur l'abus en droit des sociétés dans l'espace Ohada : contribution du droit français“. Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30038/document.
Der volle Inhalt der QuelleFor decades, corporations have ceased to be legal accessory favorite of contractors in the exercise of their activity. The corporation is created by two or more persons who agree, by contract, to assign an activity assets in cash or in kind, to share in the profit or advantage of the savings that may result. This definition follows from Article 4 of the AUSCGIE which is transposition of Article 1832 of the Civil Code. AUSCGIE gathers all the legal standards that are intended to govern the establishment, activity and the end of the company. One of the most important partners prerogatives is to take part in social life, they can participate in the social life by directing the company or more reserved, by voting in the various assemblies. However, this law, like any law is open to abuse; abuse is unjustified or excessive use of something or power by its owner. From an impartial point of view with the other partners AUSCGIE codified in his texts sanctions against abuses in connection with the exercise of voting rights. However, abuse is not revealed only when the right to vote. Many abuses also reveal the direction and management of a company. Again, AUSCGIE provided texts and left it to the States Parties to introduce in their legislation laws against such abuses. The concept of abuse leads us to study the sources of sanction it in OHADA space
Moïse, Raluca. „L'abus de droit en droit communautaire“. Toulouse 1, 2009. http://www.theses.fr/2009TOU10003.
Der volle Inhalt der QuelleThe development of European integration has highlighted a diversity of cases of abusive or fraudulent use of EC law. Individuals invoke freedoms of circulation to avoid national legislation and to make possible the application of another one, more favourable to their interest. In addition, in the harmonized fields, there is the temptation to unduly profit from the advantages drawn from EC law by a formal fulfillment of the conditions prescribed by it. Confronted with this new phenomenon, the European Court of Justice had to react by researching the most adequate legal means to fight against abusive behaviors. Starting as a simple criterion to determinate the field of application of EC law, the prohibition of abuse of rights was set up as an imperative reason of general interest. Finally, according to recent case law, the acquisition of the statute of general principle is considered undisputable. The prohibition of abuse of rights will always imply, both for the European Court of Justice and for the national judge, the need to appreciate the proportionality of the rights exerted to the objectives for which they were granted and to the rights of third parties. The prohibition of abuse of rights makes it possible to ensure the coherence of the EC legal system and to guarantee a correct operation of the internal market
La evolución de la integración comunitaria ha puesto de relieve una variedad de casos de utilización abusiva o fraudulenta del Derecho comunitario. Los particulares invocan las libertades de circulación para eludir una legislación nacional y para hacer aplicable otra ley que sería más favorable a sus intereses. Por otra parte, en los ámbitos harmonizados, ha surgido la tentación de disfrutarse indebidamente, aunque cumpliendo formalmente las condiciones legales, de las ventajas ofrecidas por el Derecho comunitario. Enfrentado a este nuevo fenómeno, el Tribunal de Justicia de las Comunidades Europeas ha buscado los instrumentos más adecuados de lucha contra los comportamientos abusivos. De un simple criterio de determinación del ámbito de aplicación del Derecho comunitario, la prohibición del abuso de derecho ha sido convertida en una razón imperativa de interés general. Finalmente, en la jurisprudencia más reciente, la adquisición del estatuto de principio general del Derecho comunitario no puede ser contestada. La prohibición del abuso de derecho supondrá siempre, tanto para el Tribunal de Justicia como para el juez nacional, la apreciación de la proporcionalidad de los derechos ejercitados en relación a los objetivos para que han sido otorgados y a los derechos de los terceros. La prohibición del abuso de derecho permite garantizar la coherencia del sistema jurídico comunitario y el funcionamiento correcto del mercado interior
Eck, Laurent. „L'abus de droit en droit constitutionnel“. Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_eck_l.pdf.
Der volle Inhalt der QuelleSince private case law and legal writing created the notion, more than a century ago, the abuse of right spread in most of legal systems and disciplines. Nevertheless, constitutional law still seems to be refractory to really greet the notion. As a result, the relevance and the existence of this notion within the field of constitutional law can be questioned. Such an interrogation implies to draw the particular characteristics the abuse of right may present, but also to consider the role it might play in the constitutional legal technique and dogmatic. First, a rigorous definition of the abuse of right must be given by granting beforehand a place to subjective right in constitutional law. Therefore, we may observe the frequent appearance of this qualification with regard to the constitutional practice, both in institutional law and in the field of fundamental rights. Regarding contentious matters, the litigation efficiency of this relatively flexible notion appears to be limited, in spite of its undeniable autonomy as a mean of invalidation compared with others techniques like fraud to the constitution, violation of the constitution, abuse of power or abuse of procedure. Furthermore, the prohibition of the abuse of right appears to be an immanent principle of the constitutional system, aiming, by an exceptional use, to amend the law of the constitution and to protect some of its values, such as the grasping process of the political relations by the law or the protection of democracy. Thus, a real theory of the abuse of right in constitutional law may be brought out
Armando, Pierre. „S. C. I. Et abus de droit fiscal“. Nice, 2001. http://www.theses.fr/2001NICE0006.
Der volle Inhalt der QuelleThe civil real estate firm is, with no hesitation, the management and patrimony transmission instrument which is the most successful among individuals. The increasing complexity of settings including a civil real estate firm requires a very important caution. The will of always ameliorate the patrimony management is not an approach totally accepted by the fiscal adminstration, and is the subject of a special control. In fact, the Fiscal Administration has got a very good and effective way to repress, the abuse of fiscal law theory. The L. 64 article of the Code of tax procedure(s) is a permanent danger for the settings including a civil real estate firm. This fear can surprise because these proceedings are note employed very oftenly. This abuse of fiscal law theory is only employed in very special situations
Sangare, Yacouba. „Les Sanctions en Droit du travail : Etude comparative du droit français et du droit malien“. Phd thesis, Université de Cergy Pontoise, 2012. http://tel.archives-ouvertes.fr/tel-00796952.
Der volle Inhalt der QuelleEyssartier, Pauline. „La gestion de patrimoine privé à l’épreuve de l’abus de droit fiscal“. Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0190/document.
Der volle Inhalt der QuelleThe procedure of tax law abuse is a « sword of Damoclès » for any taxpayer too imaginative in themanagment of his personal property. Optimization, Yes ! But without excess. Tax authorities keep a weather eyeopen. From the moment a financing process seems artificial, they implement their procedural weapon for whichthey bear the burden of proof, and can punish fictitious or fraudulent transactions.The study of the personal property tax optimization can cover both the transmission and the holding ofpersonal property. Regarding the transmission of their private assets, taxpayers seek to optimize the taxation ofcapital gains (to elude their tax regime or, conversely, to benefit from it), such as transfer taxes (to elude theirimplementation or to take advantage of the transfer taxes subject to payment rather than those free of charge). Asfor the holding of assets, it is the taxation of income (both national or international law), as well as the wealth taxthat are being sought to optimize taxation.Wathever the taxation, the wish to control one’s tax burden is not without risks for the taxpayer. Hemust take precautions and comply witht legal and jurisprudential criteria to avoid the implementation of theprocedure of law abuse. Maurice COZIAN’s quotation perfectly sums up this tax risk : « the procedure of taxlaw abuse is a « sword of Damoclès » hanging over the heads of all too cunning taxpayers ; if they go too far,the sword breacks off, and it ends up in the tax cataclysm »
Stankiewicz, Lukasz. „L' abus de convention fiscale internationale“. Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_stankiewicz_l.pdf.
Der volle Inhalt der QuelleTaxpayers can abuse double tax treaties. The primary form of abuse is treaty shopping which defeats the bilateral nature of tax treaties. The concept of tax treaty abuse needs to receive a firm theoretical basis. A comparative study of its mechanism and its elements reveals that tax treaty abuse, form of evasion of law, can be defined as a situation where a taxpayer intentionally invokes a tax treaty in a manner that frustrates the spirit and purpose of the treaty (invoked rule) in order to avoid the application of the domestic rule which gives rise to tax liability (avoided rule). A conflict of norms can arise if the treaty benefit claimed by the taxpayer is disallowed by operation of a domestic anti-avoidance rule. However, the risk of incompatibility is limited due to the deficient nature of tax treaties, heavily relying on domestic law for their application, as well as to the duty to interpret treaties in good faith. The attitude of states with respect to tax treaty abuse is incoherent. On one hand, the number and the diversity of anti-abuse rules becomes ever greater while at the same time there are less business reasons to engage in treaty shopping because of the gradual erosion of source taxation. On the other hand, states do not fight treaty abuse with equal determination. In fact, the United States are the only country to engage in a coherent line of policy against treaty abuse through specific anti-abuse rules
Di, Pinto Christian Donato. „Le détournement en droit pénal“. Nice, 2002. http://www.theses.fr/2002NICE0015.
Der volle Inhalt der QuelleCaron, Christophe. „Abus de droit et droit d'auteur : contribution à l'étude de la théorie de l'abus de droit en droit français“. Paris 2, 1997. http://www.theses.fr/1997PA020065.
Der volle Inhalt der QuelleSummary of the thesis the study of the abuse of copyright allows a confrontation between the general theory and the special right which is copyright. It is necessary to study the reception of the abuse of the abuse of right inside the copyright, especially within moral rights, but also economical rights, both before and after the death of the author. It is also interesting to precise which persons are able to go before the courts to claim that an author is abusing of his rights and how to prove this misuse and munish it. The function of copyright abuse of rights is particularly rich, regarding to civil law and copyright law. It is therefore possible to resolve conflicts of laws and to determinse the deontology that every author has to respect when exercice their rights. Also, the misuse of copyright is useful to point out what is wrong in the actual copyright scope of protection. The study of the abuse of copyright is important for the knowledge of both intellectual property law and civil law in the french legal system
Bienfait, Eric. „Abus de biens sociaux et abus de confiance“. Nice, 2003. http://www.theses.fr/2003NICE0012.
Der volle Inhalt der QuelleSince the new penal code of 1994, misappropriation funds and breach of trust find one's way in a common repressive sphere of operations. These violations lead to a difficulty of differentiation and a confusion risk, which don't go with legal security principles and criminal legality. Indeed, risk materialize through the opportunity of a dual qualification suggested to judges. The doctrine, in its majority, is favourable to a reform in this context. Some of the authors aim at precise aspect of misappropriation funds as the prescription delay. Others consider that a content reform is necessary. Therefore, simple deletion of misappropriation funds violation would not be contemplate as a solution. Then, it's advisable to determinate in what extent breach of trust will supplant misappropriation funds. In this way, it is also necessary to find improvement for this incrimination in order to cover completely the repressive sphere of operations
Nicolet, Sandra Véronique Christel. „L' abus de dépendance économique en droit des affaires“. Montpellier 1, 2008. http://www.theses.fr/2008MON10006.
Der volle Inhalt der QuelleMoracchini-Zeidenberg, Stéphanie. „L'abus dans les relations de droit privé /“. Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb392182119.
Der volle Inhalt der QuelleIda, Nicolas. „La preuve devant l'Autorité des marchés financiers“. Electronic Thesis or Diss., Aix-Marseille, 2019. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218295.
Der volle Inhalt der QuelleFinancial law is focusing on the purpose of protecting financial markets, which cannot be achieved if the misconducts are not effectively repressed. Yet, insider dealings, markets manipulations or undeclared concerts are hidden behaviours which are particularly difficult to find out and to establish because of the natural opacity of financial markets. Evidence law had to be adapted so that the French financial markets authority could fullfil its repressive mission. In the absence of direct evidences, clusters of clues are taken into account and presumptions of guilt are used, even if the presumption of innocence can be threaten. However, the very frequent use of presumptions dit not remove the obtention of material evidences of its interest. If the effectiveness of financial investigations justifies some fundamental rights discrepancies, the Authority should not exceed the limites imposed by these higher standards imposed on it. The need to protect the financial markets is indeed a secondary objective in relation to the respect of essential legal principles in a democratic society based on the rule of law. Behind the rules of evidence applicable to the French financial markets authority’s sanctioning procedures, there are democratic values very valuable to society. Therefore, without neglecting its primary purpose, financial law must respect these values in order to reconcile the imperatives of efficiency and legitimacy of financial repression
Glasper, Stéphanie Monique. „Les clauses anti-abus dans les conventions fiscales internationales“. Montpellier 1, 2007. http://www.theses.fr/2007MON10009.
Der volle Inhalt der QuelleAnti-abuse clauses are inserted in international tax treaties to prevent them from being abused as well as internal laws. The study of these clauses implies the analysis of their device and their application. The definition of these clauses, the examination of their grounds, the study of their elaboration procedure, the analysis of their scope, the study of their content and the appraisal of the position of the different states towards them, is a step which can not be avoided for the understanding of the anti-abuse clauses device. Then, the analysis of the application of this device, as much in the mecanismes and the procedure of its implementation, as in its articulation with internaI anti-abuse measures and community law, allows a critical appraisal of its efficiency to improve it
Bakouche, David. „L'excès en droit civil“. Paris 2, 2001. http://www.theses.fr/2001PA020040.
Der volle Inhalt der QuelleChoné, Anne-Sophie. „Les abus de domination : Essai en droit des contrats et en droit de la concurrence“. Paris 2, 2009. http://www.theses.fr/2009PA020036.
Der volle Inhalt der QuelleMohamed, Ramadan Alaa. „L'abus du droit de brevet : étude comparée de droit français et égyptien“. Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10019/document.
Der volle Inhalt der QuellePatent law is easily subject to acquisition and abusive exercise although it's sacred due to his qualification of property rights and strengthened by the international agreements and national laws. The failure of some patent offices amplifies the possibilities of this abusive appropriation. Situations of abuse of patent rights are more frequent in the high technology sector (pharmaceutical, biotechnology and computer industry).On the one hand, these abuses hinder the realization of the function assigned to patent law, and on the other hand, they restrict freedom of competition. The legal measures of patent law and those of competition law impose limits on the power of the patentees which is stemming from their exclusive right, to realize the general interest. However, these rules don't protect private individuals whose interests can be affected by the abusive use of patent rights. The theory of abuse of law, a general principle of the common law, fills this gap. In spite of its limited and prudent application on the patent right, its utility is not to neglect. It helps to prevent and to sanction the abnormal use of the patent right. The comparison between the Egyptian and French law shows that the difference in the level of economic and industrial development between the two countries affects their legislative policy with regards to patent law
Castello, Michèle. „L'abus de gestion et le Droit pénal“. Nice, 1998. http://www.theses.fr/1998NICE0015.
Der volle Inhalt der QuelleCathiard, Audrey. „L'abus dans les contrats conclus entre professionnels : l'apport de l'analyse économique du contrat /“. Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/520828178.pdf.
Der volle Inhalt der QuelleFiore, Mauricio 1977. „Uso de drogas : substâncias, sujeitos e eventos“. [s.n.], 2013. http://repositorio.unicamp.br/jspui/handle/REPOSIP/281261.
Der volle Inhalt der QuelleTese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
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Resumo: Assumindo o pressuposto de que o uso de algumas substâncias psicoativas, que se convencionou chamar de drogas, é um fenômeno ancestral alçado à condição de problema social recentemente por meio de um dispositivo de incitação e repressão, essa tese buscou investigar o uso dessas drogas por meio de longas trajetórias empíricas de consumo. A pesquisa, de natureza auto-etnográficas, teve como recorte as trajetórias de dois grupos de afinidade do autor - o grupo da rua e o grupo da universidade - que compartilham, entre continuidades e rupturas, o consumo de drogas psicoativas lícitas e ilícitas há cerca de duas décadas. A investigação buscou analisar o fenômeno do uso de drogas a partir de três chaves analíticas: as substâncias, descritas a partir de seus agenciamentos químicos, materiais e sociais peculiares; os sujeitos, tomados a partir das trajetórias pessoais e coletivas de uso de drogas e de seus posicionamentos no interior do dispositivo; e os eventos, descrições narrativas de algumas situações coletivas de uso de drogas com o objetivos de detalhar os conteúdos emocionais e as práticas de sociabilidade que marcaram a experiência dos sujeitos
Abstract: Based on the assumption that the use of some psychoactive substances, so-called drugs, is an ancient phenomenon recently converted into a social problem through dispositive of repression and instigation, this thesis investigates the use of these drugs by the analysis of long consumption trajectories. The auto-ethnographic research analyses trajectories within two groups that are close to the author - the street group and the university group - which have been sharing the consumption of licit and illicit psychoactive drugs for almost two decades. The study aimed to analyze the phenomenon of drug use from three analytical keys: the substances, described from its peculiar chemical, physical and social assemblages; subjects, taken from personal and collective trajectories of drug use and their positions within the arrangement; and events, narrative descriptions of some collective situations of drug use which aim to detail emotional content and practices of sociability that marked the subjects' experience
Doutorado
Ciencias Sociais
Doutor em Ciências Sociais