Dissertationen zum Thema „Bonne foy“
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Naumowicz, Pascal. „Fidei bonae nomen et societas vitae : contribution à l’étude des actions de bonne foi“. Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020007/document.
Der volle Inhalt der QuelleActions of good faith (iudicia bonae fidei) have for long been suspected of being initially praetorian actions, which were probably for most of them created by the peregrine praetorship to enforce contracts passed by the strangers (peregrine), so that their material source is good faith (fides bona),expressed in their formula by the clause “ex fide bona”. Our research is an attempt to prove that :a) these actions were already considered as civilian actions in the later Republic, despite the lack of a statutory ground b)their initial scope was to protect typically Roman relationships; c)Thus, the clausulaex fide bona was a simple standard that enlarged the power of the judge and overlapped some of the strict rules of Roman civil procedure, as well as it took place in an euphemistic and diplomatic way of writing formulas, in order to respect the social affinity (societas vitae) between the parties
N'Diaye, Florence. „Le principe de bonne foi : essai de définition unitaire sous l'angle de la confiance en droit allemand et en droit français“. Paris 10, 2005. http://www.theses.fr/2005PA100055.
Der volle Inhalt der QuelleThe subject-matter of this doctoral thesis is the definition of the good faith which, both in German and French law, seems to cover an objective concept of good faith, Treu und Glauben, and a subjective concept, guter Glaube. The first step was to show that the definitions in legal writing were based on a wrong criterion. There would not be a necessarily objective or purely subjective concept of good faith. The second stage in defining good faith consisted in analysing all instances of good faith in German and French statutory and case law, the focus being on the protection of confidence put in representation or in a right. Thus were discussed agency by estoppel and apparent authority. The last step was to examine property law, i. E. The role of good faith in the confidence put in someone's own right or in someone else's ownership right
Steinmetz, Benoît. „De la présomption de bonne foi : essai critique sur la preuve de la bonne et de la mauvaise foi“. Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30014.
Der volle Inhalt der QuelleThe presumption of good faith, under article 2268 of the Civil Code, is a simple presumption of a legal or quasi-legal nature. The function and usefulness of this probatory mechanism vary between the case of a lawsuit where a claimant challenges the protected owner-object relationship, and the case of a litigation pertaining to a pre-existing relationship between two legal entities. A second difference pertains ta factual elements that are taken into consideration. Ln the first case, only the good faith of the owner is evaluated. Ln the second case, the role of the judge and the concept of good faith (and conversely bad faith, cheat, the breach or lack of good faith) have specific probatory consequences. The evidence for the state of mind of one party interacts with the evaluation of the state of mind of the other party. Not only must it be determined whether a party must be penalized, but whether the other side deserves to benefit from the requested penalty
Diallo, Harouna. „Le principe de bonne foi : (Contribution à la recherche d'un instrument de justice contractuelle)“. Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080007.
Der volle Inhalt der QuelleAt the dawn of this new millennium, the contract such undergoes profound changes, so that it is even legitimate to speak of contractual deregulation, alike the climate change. Is it then all about a deregulation or a new crisis of the contract? Whatever it is, contract has, by profound changes, considerably metamorphosed. That leads to an abandonment of its traditional landmarks, and to rebuilding its paradigms. Therefore, the contract is no longer only influenced by a single ideology, but by many. Thus, the « autonomy of will » principle that was the only ideology the contract relies thereupon, gradually eclipses due to the fierce competition of the theory of « useful and fair ». Other philosophies, such as contractual solidarism and social voluntarism also influence it. The cult of equality, derived from the universalism of the Enlightenment, gives way to a postmodern approach of the contract. In this ideological tumult, the principle of « good faith » arises as a mediation between the past and the present. For, despite its classical appearance, it embodies a reality quite modern. It allows to combine different ideologies. Its protean nature also allows to deal with different realities. While fostering freedom of contract, it also preserves contractual certainty. By suggesting resort to obligation of information and cooperation, the principle of good faith actually contributes to contractual freedom. In parallel, it implies an adjustment of the unbalanced contract, thereby ensuring contractual certainty. Adjustment then allows contract to ever last. By setting a mutual obligation of information among parties who have to readjust the unbalanced contract, the principle of good faith thenceforth highly contributes to contractual justice. Neither impairment is no longer a fatality, nor the imbalance an impossible obstacle. Here only lies a challenge to overcome
Rifaï, Fadilé-Sylvie. „La présomption de bonne foi“. Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10041.
Der volle Inhalt der QuelleThe presumption of good faith has a legal value, because it is consecrated by the legislature in the section 2274 of the civil code. This thesis concerns only good faith-erroneous belief and tries to precise its content and juridical rule, as this notion is always accused to be blurred and vague. Erroneous belief is the result of objective material elements which are significant of trust and invasive of the state of mind of the victim. The erroneous belief needs a degree of legitimity in order to qualify the good faith and give rise to juridical protection. Where the erroneous belief is lawful, the presumption of good faith is consolidated and can spread all its juridical effects. The good faith has, therefore, a power of creation of rights. This power involves a breach of the law and of certain principles of the civil law. The good faith is also the basis of somme legal rules. However, the normative power of the good faith is not absolute ; it’s limited by the hold of some legal rules which sacrify the good faith in order to protect superior interests
Deroussin, David. „Le juste sujet de croire dans l'ancien droit français /“. Paris : De Boccard, 2001. http://catalogue.bnf.fr/ark:/12148/cb38849913p.
Der volle Inhalt der QuelleDurand, Frédéric. „L'apparence en droit fiscal /“. Paris : LGDJ-Lextenso éd, 2009. http://catalogue.bnf.fr/ark:/12148/cb41469883f.
Der volle Inhalt der QuelleBaccouche, Tarak Ben Abdel Hamid. „L'apparence en droit des sociétés commerciales : étude de droit comparé français et tunisien“. Nantes, 1999. http://www.theses.fr/2000NANT4003.
Der volle Inhalt der QuelleCalvet-Masnou, Geneviève. „La persévérance en droit des contrats“. Perpignan, 2007. http://www.theses.fr/2007PERP0791.
Der volle Inhalt der QuelleChastelein, Cornelius Petrus. „Specimen academicum inaugurale de fide inter hostes“. Leiden : IDC, 1985. http://catalogue.bnf.fr/ark:/12148/cb37258439s.
Der volle Inhalt der QuelleJaluzot, Béatrice. „La bonne foi dans les contrats : étude comparative des droits français, allemand et japonais /“. Paris : Dalloz, 2001. http://catalogue.bnf.fr/ark:/12148/cb37660622k.
Der volle Inhalt der QuelleBringuier-Fau, Sabrina. „La bonne foi en droit de la concurrence“. Toulouse 1, 2012. http://www.theses.fr/2012TOU10038.
Der volle Inhalt der QuelleGood faith is omnipresent in Law and competition law does not make an exception. It appears as an interesting tool of coordination between legal materials. As a central notion of contract law, it has managed to adapt to the evolution of this law and its increasing objectivation makes possible the consideration of the competitive logic within individual connections. From its parts, competition law opens itself in the individual logic by inciting economic actors to a larger autonomy. These rules give responsibilities by requiring them an honest and fair behaviour. This process also influences the substantial analysis of competition law, which is touched by a movement of privatization. It supposes the consideration of an intention, even objective, in the demonstration of the restraint of competition. Further to a decentralization of the European procedure in a whole of the dispute of competition, good faith plays a federative role and establishes a reliable relation between the diverse actors of the implementation of this law requiring duties of cooperation, collaboration and loyalty. The terms testify to competitive community building and to the intensification of an objective solidarity between it members. After this manner, the economic actors follow the responsibility of institutions in the protection of common interest
Alkalaly, Abdullah Aly Abdullah. „Developing a protocol for the use of a bone-borne Herbst appliance: tissue response and clinicalapplications“. Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B46421208.
Der volle Inhalt der QuelleGroffe, Julie. „La bonne foi en droit d'auteur“. Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111016.
Der volle Inhalt der QuelleGood faith, vague notion which refers to morality and that is derived from common law, can occur in all branches of law. As such, it is naturally applicable in French copyright law, which is the special law that provides the protection of the relationship between the author and the work that he created and that recognizes moral rights and economic rights in favour of the author. Good faith has a double definition: it means both a misbelief in a situation – that is the subjective dimension – and a requirement of loyalty, which refers to its objective dimension. The choice has been made, in this study, to embrace the whole concept instead of focusing on one or the other side of good faith. Because the aim of this thesis is to analyze how a concept of common law can intervene in a special law, it seemed wise to accept its polymorphism instead of deconstructing the concept. The difficulty is that good faith – in its objective dimension as in its subjective dimension – is often absent from the special law: as a consequence, a first analysis might suggest that this concept has no role to play in this area. However, it finally appears that the notion does exist in French copyright law, whether its intervention is positive (and in that case good faith is taken into account and recognized) or negative (in which case the concept is deliberately excluded from the solutions). The expressions of good faith arise in two forms in this field. On one hand, they may be specific to French copyright law: the concept can be used to answer the questions related to the determination of the exclusive right that is granted to the holder of rights, or the questions related to the penalties for copyright infringement. In these hypotheses, the use of good faith is a choice made by the judge or, more rarely, by the legislator and it fulfills a specific objective, proper to French copyright law: this objective is often the defense of the author or, on a wider scale, the right holder. On the other hand, the expressions of good faith can be imported from common law. If the privileged place of intervention in that case is the author’s contract (which is the contract that organizes the exploitation of the work), due to the applicability of the article 1134, paragraph 3, of the French Civil code – which imposes a duty of good faith during the performance of the contract –, good faith also has a part to play beyond this contract. In these cases, the use of the concept is imposed to the judge and the legislator – because both must take into account the general rule when it is not in contradiction with the special one – and the aim is to fulfill a general objective, external to French copyright law: then the goal is to protect the balance of relationships or to guarantee legal certainty. As a consequence, the expressions of good faith in French copyright law are plural and call for questioning the interference between common law and special law
Mimouni, Karima. „Droit morale et bonne foi : application en droit privé contractuel“. Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30004.
Der volle Inhalt der QuelleMoral code and law are two systems of norms. Law is formally and materailly moral. The morality is accompanied by a powerful and real moralisation process exercised by the law through the bona fide. The good faith or bona fide is a legal an moral norm, whose application in the law and in morality are correlated. In law it covers a double sense of wrong belief and faithfulness, honesty and loyalty. In an interpersonnal relationship formulated in a contract, the bona fide appears as an ethic inspired by the moral code. In the law, the good faith erga omnes is the superior principle governing inferior rules and moralising all legal cases, even contract law. Inter partes the good faith is a duty from a moral point of view and an obligation from a legal point of view : the duty to be faithful to the contract ( the obligation of loyalty) and the duty to co-perate ( the duty of assistance and mutual aid comprising transparency and interference and the obligation to give advice and provide information)
Lhomme, Didier. „Recherches sur les regles juridiques applicables a la negociation en droit international public“. Toulon, 2001. http://www.theses.fr/2001TOUL0032.
Der volle Inhalt der QuelleDesgorces, Richard. „La bonne foi dans le droit des contrats : rôle actuel et perspectives“. Paris 2, 1992. http://www.theses.fr/1992PA020017.
Der volle Inhalt der QuelleGood faith has had little influence in the development of contract law. It was not a recognised legal concept, and lacked any clear definition. It is only in recent times that legal commentators and the courts have shown any interest in this subject. Good faith could play a more important role if it became one of the essential ingredients for the enforceability of contracts. In this way contracts couls tale on a more human, subjective face. This can only come about recognition of a genuine obligation to act in good faith. Thus, there would be some recourse against a party to a contract who acted without good faith
Romain, Jean-François. „Théorie critique du principe général de bonne foi en droit privé: des atteintes à la bonne foi, en général, et de la fraude en particulier ("Fraus omnia corrumpit")“. Doctoral thesis, Universite Libre de Bruxelles, 1998. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212125.
Der volle Inhalt der QuelleHorowitz, Sigmund. „La protection du tiers contractant en face d'un faux mandataire en droit allemand et en droit français“. Paris 2, 1996. http://www.theses.fr/1996PA020045.
Der volle Inhalt der QuelleSeyssel, Marie-Claire. „L'abus de droit dans les contrats“. Chambéry, 2004. http://www.theses.fr/2004CHAMD032.
Der volle Inhalt der QuelleCourcenet, Sandra. „Les atteintes subies par les témoins et la loyauté processuelle : contribution à l'étude des droits de la personnalité“. Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30015.
Der volle Inhalt der QuelleThe judicial witness is a third party in the lawsuit whose duty is to appear, take oath and give evidence on everything he saw, heard or learned about the dispute. From then on, two interests - public and private - are in confrontation : the personality rights of the witness against the rights over demonstration of the truth and freedom of information. The pursuit of an issue to the dispute goes through the study of the personality rights concept followed by a viewpoint examination of the engagement of the witness' private life. These facts lead us to propose the procedural loyalty principle as a global rule of participation of the various interveners : the judicial employees, the parties, the medias and the third parties. For the latter, this means the guarantee to be respected as witnesses but also as people according to their handicaps or own qualities, in return for the execution of their citizen's duty. Thus, the necessity to adopt this behaviour standard, for oneself and the others, could give birth to the set up of real legal rules, of general significance and subjected to penalties. Ethical and moral principles serve then the utilitarian doctrine in favour of the free development of the individual personality, the justice and the right to information
M'baye, Hugo. „La différence entre la bonne foi et la loyauté en droit des contrats“. Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD040.
Der volle Inhalt der QuelleThe point of this thesis is to question the existence of a real difference between the notion of good faith and that of loyalty. I was brought to this topic by noticing the alternative use of words such as good faith and loyalty in the contractual field. This misunderstanding was maintained by judges as well as by a consequent part of the doctrine. Might such notions merge into the same idea so that they’d be used in the same situations to regulate the same behavior ? Stating that it cannot be, the aim of this thesis is to prove the necessity of clearly separing these two notions which are doomed by their lexical proximity and their poor definition to be mistaken for one another. The consequent purpose of this thesis is to preserve the very principle of legal security.Therefore, the following study aims at establishing criteria of distinction between good faith and loyalty when it comes to contract law, as they do not endorse the same role. While good faith is a general and minimal behavioral norm that applies to any contractual relationship, loyalty is a special and demanding standard. Also, this difference in nature will induce a difference of scope and regime allowing to preserve the subject of law from the unfortunate practical consequences that may be caused by the confusion of these notions
Boursier, Marie-Emma. „Le principe de loyauté en droit processuel /“. Paris : Dalloz, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/370990617.pdf.
Der volle Inhalt der QuelleBachelet, Benoit. „L'abus en matière contractuelle“. Grenoble 2, 2004. http://www.theses.fr/2004GRE21025.
Der volle Inhalt der QuelleDurand, Frédéric. „L'apparence en droit fiscal“. Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30022.
Der volle Inhalt der QuelleAppearance in french tax law corresponds to all the cases in which tax administration is allowed to tax persons as regards to their visible situation and not as regards to the truth. Such hypothesis are quite important in the practice where tax department taxes for example appearant shopkeppers, companies or shareholders. In all these cases tax administration has an option between taxing appearance or reality. This option is the direct consequence of tapayer behaviour who conceals the truth on purpose. More precisely, she is the result of an obligation of good faith which imposes to every taxpayer to be honest with the tax administration
Jaluzot, Béatrice. „La bonne foi dans les contrats : Etude comparative des droits français,allemand et japonais“. Lyon 3, 2000. 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%3D5442%26nu%3D55.
Der volle Inhalt der QuelleBenabdellah, Imel. „La renégociation du contrat“. Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10003.
Der volle Inhalt der QuelleRenegotiation of the contract is a mechanism that allows you to save the contract when it becomes unbalanced due to new circumstances. This imbalance, because it affects one of the parties, jeopardizes the sustainability of the relationship. Public law has long been recognized. By contrast, private law has always refused to accept the correction of the contract on behalf of the principle of inviolability under Article 1134 paragraph 1 of the Civil Code. Its implementation can then result from a contractual forecast. However, the principle of good faith under paragraph of this same text, with the corollary obligation of cooperation and collaboration, encourages recognition.Legally recognize the right to renegotiate the contract become unbalanced can not be detrimental to the principles of binding and legal. The right to renegotiate based on freedom of contract: the parties must enter into renegotiation but they still have their freedom in the expression of a willingness to adapt to the new circumstances of the contract execution. The right to renegotiate the contract must be a mechanism to mitigate the sanctity of the contract.Supranational law admits this theory is found in many of the provisions of Community law and international law. Similarly, the draft national reform of contract law all refer to this theory they host unanimously. It now belongs to the legislature to end this French based on the judgment Canal Craponne, and welcome to this theory in order to restore its effectiveness in the contract, which remains the fundamental tool of the trade
Boursier, Marie-Emma. „Le principe de loyauté en droit processuel“. Paris 2, 2002. http://www.theses.fr/2002PA020010.
Der volle Inhalt der QuelleRabagny, Agnès. „Théorie générale de l'apparence en droit privé“. Paris 2, 2001. http://www.theses.fr/2001PA020015.
Der volle Inhalt der QuelleLabrot, Émilie. „L'imprévision : étude comparée droit public-droit privé“. Toulouse 1, 2012. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/l-imprevision-etude-comparee-droit-publicdroit-prive-des-contrats-51357.
Der volle Inhalt der QuelleIt has long seemed impossible to reduce the opposition between private and public law in terms of unforseeability. However, since the end of the twentieth century, converging movements from each side have tended to limit the distinction between both regimes towards unforseeability. Today, the opposition of the different regimes remains mainly dogmatic, all the more, because the theory of unpredictable constraints, pending of the unforseeability theory in the works contracts, is admitted by both the administrative and the judicial judge. We could therefore consider a unification of the unforseeability regimes, and more generally of the law of contracts in accordance with the prospect of harmonization of the European law of contracts. The development and the functioning of the internal market demands in fact a law of contracts really unified. Besides, many states from the European Union have dedicated an unforseeability theory within their positive law of contracts, inspired in particular by the practice of international trade. The unforeseeability theory is henceforth acknowledged. Its appropriateness within the law of contracts, especially at a time of crisis is in fact a matter for the economic theory
Jabbour, Rita. „La bonne foi de l'article 1134 alinéa 3 du code civil“. Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010302.
Der volle Inhalt der QuelleDespite having a simple and concise formulation, Article 1134, paragraph 3, of the Civil Code has been the subject of great controversy in recent years. Via confusion and distortion, good faith gained a distended scope, destabilizing the binding commitment. A refinement of the concept was therefore required. It reveals a contained notion, bound to a specific function : the control of contractual behavior. In reality, good faith acts to secure the relational/interpersonal frame of the contract. Transforming mistrust into trust, this provision reflects the renewed recognition of the bond to a law that the parties have freely created. This justified the reconsideration of the basis of the mandatory power of commitment by virtue of a new founding principle : the alliance. The breach of good faith is then objectively assessed in the light of legitimate expectations generated by the alliance. Invigorated, good faith uncovers a specific legal content, and its events are categorized where before casuistry seemed to triumph. The analysis of the good faith regime has likewise helped to discover its variations. Owing to the fact that not all conventions share the same strength, the fluctuations of article 1134, paragraph 3, are measured according to their sole evaluation criterion, that being legitimate expectations. Another key held in theorizing sanctions pertinent to good faith achieving its return to the contract. Restored to its very essence, this legal standard finds its way, that of the right measure
Nkhwa, Shathani. „Hydrogel biocomposites for bone tissue regeneration“. Thesis, King's College London (University of London), 2016. https://kclpure.kcl.ac.uk/portal/en/theses/hydrogel-biocomposites-for-bone-tissue-regeneration(ad423107-672f-4269-9aa0-5e4eb949dfd5).html.
Der volle Inhalt der QuelleDurrant, Lynne, Vanessa A. Farrell und Linda Houtkooper. „Eating for Bone Health“. College of Agriculture and Life Sciences, University of Arizona (Tucson, AZ), 2011. http://hdl.handle.net/10150/146445.
Der volle Inhalt der QuelleAccaoui-Lorfing, Pascale. „La renégociation des contrats internationaux“. Paris 2, 2008. http://www.theses.fr/2008PA020030.
Der volle Inhalt der QuelleGalie-Blanze, Mahalia. „La matière contractuelle : pour une lecture renouvelée du droit des obligations“. Paris 11, 2010. http://www.theses.fr/2010PA111009.
Der volle Inhalt der QuelleTralongo, Audrey Nathalie Gabrielle. „Essai sur la bonne foi en droit pénal : Contribution à l'étude de la responsabilité pénale“. Montpellier 1, 2009. http://www.theses.fr/2009MON10013.
Der volle Inhalt der QuelleCooperstein, Elaine Constance Janz Kathleen F. „Physical activity levels of urban and rural young children in the Iowa Bone Development Study“. [Iowa City, Iowa] : University of Iowa, 2009. http://ir.uiowa.edu/etd/349.
Der volle Inhalt der QuelleBraci, Antoine. „La bonne foi dans le contrat : une réflexion via le prisme du droit anglais“. Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED068.
Der volle Inhalt der QuelleThis PhD thesis, which is based upon confidential business documents, is an analysis of good faith in contract from a comparative perspective (French law and English law). The author defines good faith as a “reliability” device that ensures trust to protect against contractual risks. While the first part of this thesis deals with the proposed definition of good faith, the second part applies this definition to a variety of risks
Porter, Ryan Michael. „Examination of Glucocorticoid Treatment on Bone Marrow Stroma: Implications for Bone Disease and Applied Bone Regeneration“. Thesis, Virginia Tech, 2002. http://hdl.handle.net/10919/36365.
Der volle Inhalt der QuelleMaster of Science
Huang, Boyang. „Electro-active scaffolds for bone tissue engineering“. Thesis, University of Manchester, 2018. https://www.research.manchester.ac.uk/portal/en/theses/electroactive-scaffolds-for-bone-tissue-engineering(e4374a7f-47fe-418f-a515-fe5a37668aa8).html.
Der volle Inhalt der QuelleBrakspear, Karen. „Glutamate regulation for bone repair“. Thesis, Cardiff University, 2010. http://orca.cf.ac.uk/54184/.
Der volle Inhalt der QuelleBusuttil, Naudi Kurt. „Bone bioengineering for mandibular reconstruction“. Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2419/.
Der volle Inhalt der QuelleWilpart, Marie. „Secret médical et assurances des personnes“. Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_wilpart_m.pdf.
Der volle Inhalt der QuelleThis dissertation deals with the difficulties surrounding the coexistence of medical confidentiality, which imposes the silence, and good faith, the basis of a health insurance contract, which supposes the transparency on the insurant’s health. In the first part, we note that medical confidentiality constitutes a threat to good contractual faith, by paralysing the appearance of truth. Medical confidentiality, being at the same time a duty of the doctor and a personal right, protected by internal and European law under the grounds of one’s private life, it cannot be nevertheless lifted without careful consideration. Only the conciliation seems thus possible. In the second part, we notice that the case law solutions require the lifting of medical confidentiality only when a clause of early renunciation is included in the insurance contract. So, we were interested in article 8 of the European Convention on Human Rights, which protects the medical confidentiality on the grounds of one’s private life, and in the doctrine of the ban to contradict itself to the detriment of others, stemming from the estoppel. The analysis of these legal foundations allowed to admit a lifting of medical confidentiality, limited in time. The insurer would therefore have a certain amount of time to examine the truth. Then, medical confidentiality would benefit again from its absolute protection. All things considered, the legislator will then determine the timeframe required of the lifting of the medical confidentiality for the insurance company. So, if the necessity of the conciliation of the right to the medical confidentiality and the right to the truth presented itself, the intervention of the legislator would be imperative
Chen, Chung-Wu. „Apparence et représentation en droit positif français“. Paris 1, 1997. http://www.theses.fr/1997PA010278.
Der volle Inhalt der QuelleThe subject of this research is to study how the theory of the appearance on french law is applied to the agency. We call such a research under the terminology of "apparent power of agency" or "apparent authority". It is founded on two observations which seem to be contradictory each other. Firstly, the rules of the agency are essentially established for the protection of the principal. Therefore,the principal is not liable to a third person for unauthorised acts. But, on the other hand, we find that the law also has to take account of the apparent situation and to comply with the need of the society. That is why in some cases the interest of the principal must be sacrificed in order to protect the third person who believed that a agent had authority to act in the name of the principal and acted on that belief. Accordingly, the study of the apparent authority implies always a conflict of interests between a pseudo-principal and a third person believer. The general idea which dominate our study is thus to search for an equitable balance in the conflict of interests which is born between the principal and the third person. The theory of the apparent authority is to decide, to some equitable extent, who merits a protection of law and who has to assume the risque of the unauthorised acts. That is why, in order to reach a better balance between the conflicting interests, we suggest the notion ofimputability of the apparent authority to the pseudo-principal and the notion of legitimate reliance of the third person as two necessary conditions of application of the apparent authority
Deroussin, David. „Le juste sujet de croitre dans l'ancien droit français : contribution historique à l'étude de la théorie de l'apparence“. Lyon 3, 1998. http://www.theses.fr/1998LYO33018.
Der volle Inhalt der QuelleChanteloup, Hélène. „La loi applicable aux quasi-contrats“. Paris 10, 1994. http://www.theses.fr/1994PA100167.
Der volle Inhalt der QuelleThe choice of the law rule applicable to quasi-contractual claims supposes that the question of characterization of the quasi-contractual category has to be resolved. Therefore, it was necessary to compare the classification proposed by the French civil code. The quasi-contracts have been defined as "lawful fact which products contractual effects" and have been separated from the principle of unjust enrichment. This definition is a large one, designs the three traditional quasi-contracts : negotorium gestio, payment of a debt not due, unjust enrichment and designs a new one which can be describe as the "theory of apparent situations". The choices of law rules that have been adopted in the French legal system are unsatisfactory. The solution proposed is found on the "proper law approach" provided from mechanical and accidental localization and obliges to consider events which have a consequential relationship with the act leading to the situation. If the quasi-contractual claim arises out of a pre-existing relationship, the law to be applied in all these cases is the law which governed the prior contract or legal relationship. This could more
Amatt, Maša. „Implications of the mechanical properties of animal bone for prehistoric bone technology“. Thesis, University of Cambridge, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613643.
Der volle Inhalt der QuelleYu, Qing. „Application of a Periosteum-bone Allograft for Healing of Segmental Bone Defects“. University of Akron / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=akron1366138611.
Der volle Inhalt der QuelleCastillo, Diaz Luis Alberto. „Designing ionic-complementary hydrogels for bone tissue repair“. Thesis, University of Manchester, 2015. https://www.research.manchester.ac.uk/portal/en/theses/designing-ioniccomplementary-hydrogels-for-bone-tissue-repair(bec2aa4d-3b9c-43c6-9ea7-04bd56461a3d).html.
Der volle Inhalt der QuelleLangford-Smith, Kia Jane. „Non-myeloablative bone marrow transplantation for Mucopolysaccharide diseases“. Thesis, University of Manchester, 2012. https://www.research.manchester.ac.uk/portal/en/theses/nonmyeloablative-bone-marrow-transplantation-for-mucopolysaccharide-diseases(5d3fd9c5-01f2-42aa-81ed-a2ce6ef140fe).html.
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