Dissertationen zum Thema „Droit pénal – 20e siècle“
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Cunique, Pierre-Philippe. „Le bagne de 1852 à 1953 : histoire d'une institution pénale“. Perpignan, 2004. http://www.theses.fr/2004PERP0540.
Der volle Inhalt der QuelleIn France the 19th century was a period of technical and social revolutions announcing the modern world. Law, particulary the criminal law and the penitentiary question had to be reconsidered. Using the colonies as penal deportation territories allowed the Imperial and Republican lawmakers to keep the "undesiderable" convicts away from the homeland favouring the population by this penal element. The criminal law was strengthened by the Act of 30th May 1854 establishing the transport of convicts sentenced to Hard Labour and by the Act of 27th May 1885 with relegation of recidivists. These arrangements previously applied to political convicts (simple deportation and deportation in fortifications) were added to the Penal Code. The judiciary custom in the 19th century was marked by a real predilection for penal exile. The penal settlements marked the collective consciousness during nearly 2 centuries, the penal colonies constitued a certain side of penal history. Today at the beginning of the 21st century what is left? Historically how did these penal colonies appear? What was the evolution in the Penal Code? Which are remains in our present legislation? Nowadays at the beginning of the 3rd millenium imprisonment represents the principal sentence, does the possibility- the risk- the resurgence- always exist using these ancient punishments?
Blanc, François-Pierre. „L'adultère en droit pénal français : histoire juridique et politique d'une infraction : 1803-1975“. Perpignan, 2003. http://www.theses.fr/2003PERP0495.
Der volle Inhalt der QuelleAdultery has figured in various forms in the repressive arsenal of successive legislators who, from the 1789 revolution to the current day, have studied fidelity between spouses ; with the current disapperance of adultery as penal offence, the judical evolution of marriage shows the protection which, following successive acquisitions of new-found freedom and equality (sexual freedom, equality of the sexes, has become of less and less concern to law order. The history of adultery as a penal offence, is thus indissociable from the evolution of a socio-religious concept : the indissolubility of marriage. When associated the indissolubility of marriage, this incrimination tends to censure the finality, which is notably to enable christian spouses to remain as one at the centre of the united family. The penal offence thus ensures the defence of marriage, a fundamental social institution. The incrimination on the other hand, tends to disappear during periods of dissolubility of marriage, when it loses its consistence, to leave the institutional field for simple contractual field ; in this case adultery is simply a civil incident. Two important period mark recent history of adultery as a penal offence. From 1816 to 1884 it was the main rampart af the indissoluble marriage (Part I) ; from 1884, the offence, henceforthat the service of dissoluble marriage, lost any reason to exist and became ineffective before completely disappearing (Part II)
Morelon, Pierre. „La répression pénale des abus de biens sociaux et des abus du crédit des sociétés depuis le Code pénal de 1810“. Paris 12, 1998. http://www.theses.fr/1998PA122018.
Der volle Inhalt der QuelleFrambéry-Iacobone, Alexandre. „La recherche de l'intention en droit pénal contemporain (XIXe-XXe siècles)“. Electronic Thesis or Diss., Bordeaux, 2022. http://www.theses.fr/2022BORD0446.
Der volle Inhalt der QuelleThe understanding of intention may seem excessively simple, as may its definition. We could say that intention is what we want, in our innermost being, without necessarily waiting for an externalisation. In this hypothesis, the intention is eminently personal, but also immaterial since it has no anchorage in the sensible world at this stage. In the same way, we could consider that intentional action would correspond to a determined act, caused with a determined will. Here, the action comes out of the inner world to enter the outer world. The entry into the tangible world is, moreover, a condition for the law to begin to take an interest in intentions, whereas religion, for example, can be satisfied with impure thoughts to act. However, once we have laid down these elements, if we want to scrape off this pragmatic veneer, the situation becomes more difficult: in short, we have said everything and nothing at the same time. Indeed, what is the will? How can we prove intention? Can we think of criminal law without intentionality? These are some of the questions that may arise, especially in a legalistic system. However delicate it may be to grasp, intention has nevertheless found its way into our criminal legislation. Given the absence of an operative definition, whether legislative, jurisprudential, or doctrinal, it may therefore seem interesting to adopt a historical approach to try to understand and master the ideological underpinnings that may have worked to impose such a notion. In addition, concrete work on the way in which the justice system can deal with the intentional question must be carried out, by mobilising archival sources, interviews with justice professionals, or by analysing doctrinal statements on the subject, among other things. Finally, it is once we try to understand, concretely, what intention can be, that we note its eminently fleeting, almost evanescent status, and that we can question the compatibility of the notion with the concomitant construction of a criminal law subject to certain cardinal principles, such as the principle of criminal legality
Janem, Anwar. „L'évolution du droit de la prescription pénale en France depuis 1964“. Poitiers, 2009. http://www.theses.fr/2009POIT3007.
Der volle Inhalt der QuelleThe study of statutory limitations in criminal law is a current issue. This old principle is based upon political discussions of criminal law. The major principles of this concept have been developing for many years, and were subject to numerous debates. Indeed, over the last fifty years, the statute of limitations regulations have been subjected to innumerable exceptions, most notable the 1964 rule which introduced the humanity crime statute of limitations into French criminal law. The legislator to introduce many exceptions, various modifications to the law were effectuated dealing with commencement and duration of the statute of limitations. For political reasons, jurisprudence has been persistently hostile regarding enforcement of the statute of limitations by illegally delaying its tolling period and allowing extensive interpretations of "suspension" and "interruption" terms. Such legislative and jurisprudential attitudes have been criticized by the doctrine because they lead to an incoherent and hasty adoption of the reform
Danlos, Julien. „De l'idée de crimes contre l'humanité en droit international“. Phd thesis, Université de Caen, 2010. http://tel.archives-ouvertes.fr/tel-00541833.
Der volle Inhalt der QuelleMbodj, Hamady Hamidou. „L'organisation de la justice pénale en Afrique occidentale française : le cas du Sénégal de 1887 à l'aube des indépendances (1887-1960)“. Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0012/document.
Der volle Inhalt der QuelleThe period going from 1887 to the independences (1960) allows us to approach the question of the justice in French West Africa by highlighting the transformation of rules and the exercise of the justice, as well as the meeting between the Western system and the local legal pluralism. In Senegal as in the other territories of the French West Africa, the legal and judicial evolution reveals the opposition between two trends: that of the assimilation and that of the adaptation. Within the framework of this confrontation, jurisdictions that are unknown in the mainland France are created in the colonies in order to remedy with the lack of staff and with the financial means of the jurisdictions. For these same reasons the collegiality remains very rare and the justice is often organized around only one judge who is in charge of the pursuit, the investigation and the judgement. The organisation of the native penal justice set up in 1903, practically meets with the will of keeping the native institutions. However, the desire of assimilation leads to achieve around it reforms which tend to weaken the native institutions
Picard, Nicolas. „L'application de la peine de mort en France (1906-1981)“. Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01H056/document.
Der volle Inhalt der QuelleDeath penalty was about to disappear in France at the end of the 19th century. But the number of death sentences rose after 1906. The judiciary relied on the punitive emotions of the public opinion and on the criminological knowledge to eliminate some of the defendants. The capital punishment was very minor in the whole penal repression and its enforcement punished a small number of murders, considered as particularly heinous. The people sentenced to death came from the most miserable and less integrated parts of the society. Judicial discourses, such as speeches for the prosecution or the defense, or testimonies, confronted each other to determine if these people should benefit of mitigating circumstances. The functions of the death penalty were then discussed: deterrence, retribution, revenge or purge of the social body? Emotional as well as rational arguments were used. The cases were exposed at two different levels: a first time in front of the criminal court and of the citizen seating in the jury, a second time in front of the presidential advisors and of the President of the Republic, who had to decide of the pardon or the execution. The people sentenced to death had to wait their fate in particularly harsh conditions, which aimed at avoiding suicide or escape. Very strong rules framed their time and their space but some of them succeeded to adjust their environment for their own purposes. The preparation to death could be religious or secular. It the need arose, police, army, penitentiary staff, as well as the executioner and his helps were summoned to perform the execution, an act combining bureaucratic aspects and rough violence. In the other case the prisoner was held back to the ordinary prison system, where he could still risk another form of penal death
Moutendi-Mayila, Henri Ulrich. „La prise en compte du surnaturel dans un système de droit : l'exemple du droit gabonais“. Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111010.
Der volle Inhalt der QuelleTraditional law was a legal system associated with religion where the invisible andsacred matters played key roles. The supernatural and Law mingled in some type of osmose.Law used supernaturalism as contingency on one hand on the other hand it was rejected dueto its negative aspects. The infiltration of western civilization in Gabon through the colonialsystem will build the path to establish the western legal system by pushing aside the locallegal system. The infiltration of western civilization during the colonial occupation, created aperfect path to introduce and to enforce western legal system in Gabon despite the promise torespect the local custom system.Furthermore, moving from a colonial time to the independent republic of Gabon fewlocal traditional laws have been kept and are being applied in some legal aspects, but most ofthe Gabonese legal architecture has been inspired by the western's modern laws.In addition, the adaptation of Modern Law on the Gabonese legal system has metsome inconsistency as far as its implementation and its enforcement are concerned. Thereforesome solutions can be provided.From the legislative point of view perspective, the legislator should be as precise aspossible on the adopted laws in order to avoid open criminality.From legal and judicial's view government should work on educating people anddevelo
Allen, Patrick. „Prostituées de rue et maisons de débauche à Québec : la répression de la prostitution par le système de justice étatique, 1880-1905“. Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24806/24806.pdf.
Der volle Inhalt der QuelleKarimzadeh, Meibody Anahita. „Les enfants soldats : aspects de droit international humanitaire et de droit comparé“. Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA003/document.
Der volle Inhalt der QuelleThe uncontrolled spread of the phenomenon of child soldiers culminated in such a point during the 1990s that the international community was forced to strengthen the protection of children by introducing additional safeguards for children affected by armed conflict. Some of the main explanations for the rise of the phenomenon of child soldiers have been: areas of political instability, conflicts and almost universal impunity in cases of serious human rights violations. The objective of putting an end to the illegal involvement of children in armed conflict required close cooperation between all states concerned. Yet, legal complications did not take long to appear. Moreover, the diversity of legal systems and the variety of doctrinal approaches to the definition of the term "child" made a consensual approach difficult. The international criminalization of recruiting children, defined as a war crime, was just the beginning. The issue of justice in countries emerging from conflict is still relevant today and the adoption of other forms of justice is essential in the process of reconciliation and reintegration of former child soldiers. The criminal accountability of child soldiers is examined in its dual aspect of victim/executioner, addressing some emblematic cases
Abou, Yazbeck Chantal. „Le bien saisi dans le procès pénal“. Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32019.
Der volle Inhalt der QuelleThe penal procedure's role consists in leading to the truth manifestation in ordre to identify the possible guilty persons and to punish them for their acts. However, society cannot live if security and justice do not exist. This justify that the staff officers who are in charge to search and verify the infringements of the penal law have means to the necessary coercitions. Therefore, thez have the power to "seize" the particulars' goods (property). In democracy, the state must insure the citizens' protection so as the protection of the public interest. As we have already proven, the conciliation and the safeguard of these two interests: the public interest and the fundamental rights, two interests which are antagonistic and sacred, in a state of right, is not an obvious and simple work. All the way of our study, we have been able to ascertain that the common law has always been wavering between these two interests, trying to conciliate and safeguard them. In addition, it is the same when the seized good is the justice's disposition and used as a proof, to charge or discharge, in the penal proceeding; or when it is a matter of restoring the good, which is under the hand of the justice to the interested persons. As verified later, the attempt of the common law in the safeguarding and conciliation of the interests was not exemplary, it is not exempt from lacunas and certain contradictions and sometimes it wanders from the "good sense". Therefore, it is obvious that a reform in the depth of the French system of the penal procedure is indispensable. A reform of the base is required
Rieu, Alexandrine. „Le droit du travail et les concepts de droit administratif“. Cergy-Pontoise, 2006. http://www.theses.fr/2006CERG0288.
Der volle Inhalt der QuelleA significant influence of some administrative law concepts can be observed in the field of paid employment relationships: "le privilège du préalable" or the administrative prerogative to render enforceable decisions, the concept of power, the principle of proportionality, "Ia théorie du bilan" when the judge balances the usefulness of a situation against its actual drawbacks, the status, the civil liberties etc. This relative absorption of labour law by administrative law could be explained by the extra-contractual dimension of the employment relations: on the one hand, the employers' prerogatives are not limited to those a contracting party can exercise over the other one while, on the other hand, the relationships between employers and employees take on a collective dimension. Even though the French legal system is entirely based on the fundamental summa divisio between public law and private law, this assertion is challenged when you put both labour law and administrative law in perspective. These two branches of law are far from opposing and rather improve one another
Guiol, Marie-Christine. „Finalités et modalités de la peine dans la doctrine pénale et la pensée politique des XVIIe et XVIIIe siècles“. Nice, 2008. http://www.theses.fr/2008NICE0060.
Der volle Inhalt der QuelleFrom the necessity of « punishing a crime » emerges two essential questions that have not been resolved in a definitive and satisfactory way : « why punish ?» what is the objective, and « how to punish ?» with what means. The fight against criminality and the choice of the punishments that are best adapted is an ongoing preoccupation. Throughout its history, penal policy has considerably evolved outside influences factors. At the forefront of these influences are the great penal doctrines and the 18th century marks a turn in the history of these doctrines with the authors working towards a renovation of a penal policy regarded as inadequate. In the intellectual effervescence of the « siècle des Lumières » penal thought will induce a new orientation of the penal policy, its objectives and the means of punishment
Bouard, Jean-Philippe. „L'édition en droit privé français contemporain“. Bordeaux 4, 2003. http://www.theses.fr/2003BOR40032.
Der volle Inhalt der QuelleBoulogne-Yang-Ting, Corinne. „Les incapacités et le droit des sociétés“. Antilles-Guyane, 2003. http://www.theses.fr/2003AGUY0098.
Der volle Inhalt der QuelleIn an article founder published in 1947, Roger HOUIN wrote that "the word incapacity, although it is one of the most usual in the legal langage, presents such an inaccuracy that its employement raised multiple controversies. " The accuracy of the observation is not to underline. In the more running language, it expresses an impossibility in fact or right, or an incompetence. However, this restriction is not an incapacity. It is important to make the difference (the departure) between those which can receive this qualification and the others, and that more especially as the legislator multiplies the recourses to these measurements in company law, like means of police force of the activity (?). Therefore, it appears that inspite of their purposes, often different from their methods, they present an indeniable unit as a notion. On the other hand, their mode translates a diversity because the incapacitý is a technic which serves a legal policy
Carré, Florence. „Les destinées doctrinales et législatives du Code pénal de 1810 au XIXème siècle“. Lille 2, 1998. http://www.theses.fr/1998LIL20002.
Der volle Inhalt der QuelleThe imperial authoritarism, strong in its need of assuming its domination, used to dewand a boundless subjection from the people on whom it was supposed to exert. Consequently, it was customary to glorify the whole napoleonic work or at least to reduce to silence any kind of disapproval. As it was promulgated in that context, the penal code of 1810 was commented with prudence as soon as it had been known, without any attempt to distort its meaning. After it had cast off the yoke of despotism, the partly unfettered doctrine benefited from the new lease of liberty due to the renewal in polities, to satisfy its thirst for criticism. So it was, that the code soon became the main subject of the jurists' cares. The penal process considerably evolved when Louis Philippe came to power. New ideas actually spread due to the progress of liberalism. Thus, the doctrine and the legislator rallied to eclecticism and gave rise to the famous reform of 1832. After all, even if that reform proved to make laws more human, it was too superficial to unsettle the structure of 1810. But some obstacles were soon raised, although the second half of the xixth century had looked promising. At first, the classical doctrine which had always been attached to the principle of moral responsibility that devolues on the offender, had to face the rining of positivism. But far from collaborating, both tendencies collided violently. That quarrel disturbed the legislator who didn't interfere with the destiny of the Napoleonic code, although he had undertaken a number of stops to reforms. Besides, it was still in use at the dawn of the new century, despite the various reform movements which had tried to change it
Lembezat-Real, Valérie. „Les dissolutions du lien familial en droit comparé franco-espagnol“. Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D018.
Der volle Inhalt der QuelleAfter franco spain made an attempt to catch up with europe. Their law tried to be in keeping with european law. Only the fiel of marriage and especially the methods of dissolution of the wedlock has still preserved the print of spanish civilization. First of all de point is to study the dissolution of marriage based on previous or concomiting facts at the moment when marriage was conclued : invaliditeies. In the first part, we'll try to consider the contents of the notion of marriage. The debaded, ambiguous spanish system, the contents of in the laws of the two countries. Then, we'll lay the stress on the existence of marriage dissolution founded on posterior facts: separation and divorce. Three ideas are to be stresses : the special place of separation in spanish law, the idea of democracy tied with the notion of divorce, the child's advantage in divorce procedure
Abdelfattah, Eddahbi. „Les biens publics en droit administratif marocain“. Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D009.
Der volle Inhalt der QuelleArnaudin, Cécile. „La notion de secret en droit des personnes et de la famille“. Bordeaux 4, 1999. http://www.theses.fr/1999BOR40038.
Der volle Inhalt der QuelleGouyou, Robert. „Des divergences entre les jurisprudences civile et administrative : (étude de droit interne)“. Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D020.
Der volle Inhalt der QuelleMayaudon, Charles H. „L'Hospitalisation, le droit et l'incapable majeur“. Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb376078724.
Der volle Inhalt der QuelleLanglois-Colson, Aurélie. „La responsabilité de la société mère à l'égard des tiers“. Paris 1, 2001. http://www.theses.fr/2001PA010258.
Der volle Inhalt der QuelleLeporati, Antoine Benjamin. „L’enseignement de la procédure criminelle et du droit pénal au XVIIIème siècle en Italie, en France et en Corse“. Thesis, Corte, 2013. http://www.theses.fr/2013CORT0013.
Der volle Inhalt der QuelleThis thesis studies the way criminal law and procedure were taught in the Kingdom of France, different Italian States and the Kingdom of Corsica during the XVIII century.Inspiration for the topic comes from Diderot’s assessment that the deficiency of criminal justice in France could be explained by the lack of instruction in criminal law to future judges during their studies;The preliminary section provides a panoramic summary of criminal law and procedure in the different States. The following section presents an inventory of criminal law and procedure instruction at several French and Italian universities as well as at the University of Corsica during its brief existence (1764-1769). The textbooks designed to initiate students to the subject are also mentioned. The closing section is devoted to a comparative study of the contents and methods of academic instruction in procedural law.This thesis reveals the differences in the importance accorded to criminal law in universities and above all, the inferiority of French universities in this regard
Wakkach, Najib. „Les compétences de la Cour suprême du Maroc“. Metz, 1997. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1997/Wakkach.Najib.DMZ9701.pdf.
Der volle Inhalt der QuelleGrellois, Christian. „L'architecte et les travaux publics : contribution à l'étude du fondement et de la détermination de la responsabilité de l'architecte“. Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D002.
Der volle Inhalt der QuelleCouhade-Beyneix, Cynthia. „Traîtres et trahisons dans la Rome antique : de la fin de la République au début de l'Empire“. Paris, EHESS, 2012. http://www.theses.fr/2012EHES0040.
Der volle Inhalt der QuelleThis work focuses on the notion of betrayal and in its various forms as well as in his agent, the traitor, in Republican Rome, from the war led against Jugurtha until the early years of the reign of Augustus. In the ancient mentalities, treason belongs to the register of the bad behaviours because it strikes a blow at the social cohesion. By breaking the solidarities and by questioning the social relationships, it endangers the community. The feeling it inspires is particularly negative. That is why so morally speaking as on the penal plan, it is blamed and punished severely. However, the Romans never precisely defined the concept of treason, so much and so that it is difficult to know exactly what they meant by this idea. The objective of this study is to understand not only how they feared the phenomenon of betrayal, but also how they used it and for what purpose, at a time when the Urbs had to undergo serious crises. Indeed, the context of late-Republican civil wars greatly amplified this phenomenon in the moral dimensions as much as political, military and emotional. It is therefore to investigate a violent crisis of values and social relationships in Roman society. The analysis concerns the hostile acts committed by one or several members of the community, that is to say by a Roman citizen, a Latin or a slave, against the City and/or its representatives for the benefit of the external enemies or political opponents
Lelarge, Aurélia. „La notion d'Etat dans la doctrine internationale depuis la fin du XIXéme siécle“. Paris 2, 2007. http://www.theses.fr/2007PA020055.
Der volle Inhalt der QuelleBertoletti-Lubin, Marie-Eugénie. „Limites et frontières en mer Méditerranée“. Paris 1, 2001. http://www.theses.fr/2001PA010324.
Der volle Inhalt der QuelleSarwary, Nina. „L' Etat Afghan acteur et enjeu des relations internationales : 1979-1989“. Nice, 1992. http://www.theses.fr/1992NICE0018.
Der volle Inhalt der QuelleHellenbrand, Marc. „La protection du corps humain face au progrès scientifiques et à l'économie de marché ou la défense et l'illustration de la non-commercialisation du corps humain“. Metz, 1994. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1994/Hellenbrand.Marc.DMZ941.pdf.
Der volle Inhalt der QuelleBonnet, Vincent. „Le mariage à l'épreuve de la volonté des époux“. Lyon 3, 1995. http://www.theses.fr/1995LYO3A004.
Der volle Inhalt der QuelleLavaud-Legendre, Bénédicte. „Les bonnes mœurs en droit privé contemporain“. Bordeaux 4, 2003. http://www.theses.fr/2003BOR40023.
Der volle Inhalt der QuelleBouglé-Le, Roux Claire. „La Cour de cassation et le code pénal de 1810 : le principe de légalité à l'épreuve de la jurisprudence, 1811-1863“. Rennes 1, 2002. http://www.theses.fr/2002REN10401.
Der volle Inhalt der QuelleLamiges, Bruno. „L'asseurement : du contrôle de la violence au maintien de la paix publique dans le royaume de France (fin XIIe siècle-fin du XVe siècle)“. Limoges, 2013. http://www.theses.fr/2013LIMO1012.
Der volle Inhalt der QuelleIn the kingdom of the Capetians and the Valois, anyone who is offended feels the absolute need to obtain revenge whereas the King is in charge of ensuring peace for his subjects. How can these antagonistic positions be reconciled? The vindication system which includes ways of regulating violence and easing tensions between opposing groups is going to give the King and his judges new possibilities of fulfilling the royal task of maintaining public peace. From the second half of the 13th century, when vengeance is banned by the introduction of asseurement, in fact a non-aggression commitment, the King’s representatives follow the communal model of the institution in setting up a hybrid system which associates this way of managing conflicts that has stemmed from social habits with the enforcement of a policy aiming to broaden the span of royal justice. Henceforth, the King’s judges have at their disposal a means of controlling violence either by preventing it or by repressing it. During the 14th century, the contentious treatment of broken asseurement, which at the time could be regarded as a crime of high treason falling within royal jurisdiction, exemplified the political use royal power made of asseurement. The King’s officers endeavoured to spread the use of asseurement, as they had altered it, beyond its original area between the rivers Somme and Escaut. Thus, the establishment of this model follows the expansion of Crown lands. As a means of coercion, it participates in the growth of a political hold – for the sake of the King’s peace – over an ever larger territory. However, the activism of the King’s officers met with criticism – mainly from the lords who used to dispense high justice – and with resistance from institutions playing the same role as asseurement, particularly in the South of France. In view of this situation, the King and the Parliament had to reduce the activities of royal officers and take into account regional practices for regulating violence. Despite these limits, judicial asseurement, at the service of the King’s peace, contributed to expand it throughout a broad northern half of medieval France, thus helping to implement the principle of royal judicial sovereignty. In the second half of the 15th century, when royal power was finally strengthened after the trials and tribulations of the Hundred Years’ War, judicial asseurement fell into disuse. Royalty had come to the end of a process in which asseurement had been a political tool. Indeed, royal justice was beginning to have a state repressive apparatus at its disposal and no longer needed to get potential troublemakers to sign asseurements. From then on, the emerging state was endowed with sufficient resources to directly repress any breach of public peace
Sicart, Gilles. „La doctrine publiciste française à l'épreuve des années 1930“. Paris 2, 2000. http://www.theses.fr/2000PA020118.
Der volle Inhalt der QuelleBochnakova, Alexandra. „La codification du droit civil en Bulgarie et en Russie : de la fin du XIXe siècle à nos jours“. Toulouse 1, 2004. http://www.theses.fr/2004TOU10042.
Der volle Inhalt der QuelleOver the last century, Bulgaria and Russia, bound together by privileged links, have been subject to profound political, economic and social transformations. In 1917, Russia moved from a secular Tsar regime to a completely innovative communist system. In 1878 Bulgaria, liberated from five centuries of Ottoman rule, had to establish a new political and legal framework. After 1945, the USSR leads in its wake a section of Europe, including Bulgaria who became a privileged ally. In 1989, the fall of the communist regime was announced and the two countries are today faced with similar problems, which include legal issues. The idea of codification of civil law occurs at each of these fundamental historical periods. The Civil code is then concieved as an instrument of law, because each transitional phase is caracterised by the proliferation of laws, it is necessary afterwards to proceed to their organisation and harmonisation. The Code becomes a synonyme of cohesion, exhaustiveness and modernity. It establishes a stable legal frame and contributes to the cohesion and stabilisation of the new society. It represents therefore a political instrument, it becomes a demonstration that the new government is well-established. Russia has a concrete result : the Civil codes of 1922, 1964 and 1994. Bulgaria has known multiple attempts : the advent of each new government (1878, 1946 and 1989) is followed by the composition of work groups charged with the elaboration of a united Civil code. There is a real and lasting wish of codification to the civil law and yet Bulgaria has never achieved that task, mainly because of conditions and organisation, or other more profound reasons
Gallucci, Angélique. „Les réformes pénales de 1848 à 1870“. Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32066.
Der volle Inhalt der QuelleThe nature of political regimes during the 1848 to 1870 period substantially differs, yet one notes a general stability of the law and a continuity of the restructuring process. The basics of law founded on penal practice and the fundamentals of law give a perfect example. The progression of penal law under the Second Republic and the Second Empire is based on the concept of the individual, with two main ideas: the individualisation of the ruling and of the penal law as a whole and the reduction of the sanction given by the Magistrate. Indeed, the fate of the individual is taken into consideration as early as the infringement commission, through the criminal procedure and to the execution of the verdict. The imperial legislator goes much further than his peers by voting on two separate laws allowing correctional ruling appeals and the revision of penal trials. By studying the criminal law’s general stability under two different regimes, a clear rupture appears undermining the political classification of the government. This rupture, of chronological importance, is noticeable in 1861 in a report sent to the Emperor by the “Garde des Sceaux”: two laws will be generated from this report. The May 13th and 20th 1863 Laws sanction a previous amendment from 1848, modernising the individualisation concept by widening its field of application. This modernisation exceeds juridical districts to feed a new perception of the politic life and of the power of the State. Even though it marks the conclusion of a stage, the end of the imperial regime in 1870 does not provoke the nullity of its reforms. These reforms will still impregnate legislative disputes and dogmas during the Third Republic
Vielfaure, Pascal. „L'évolution du droit pénal sous la Monarchie de Juillet entre exigences politiques et interrogations de société“. Montpellier 1, 1998. http://www.theses.fr/1998MON10052.
Der volle Inhalt der QuelleThe revolution of july had immediate repercussions on criminal law. Based on the constitutional text, the law of 8 oct. 1830 extended the jury system to trial involving political offences. Globally, legislation concerning the press was liberalised, giving real substance to the freedom guaranteed in the constitution. The pressure of its political opponents (especially through the press), the persistence of dots and assassination attempts on the person of louis philippe, however, obliged the government to take a firmer attitude. The number of political trials grew, yet did not result in effective repression. The july monarchy consequently resorted to more repressive legislation, such as the law of 9 sept. 1835, voted after the fieschi attempt, including the prohibition of the republican, legitimist and bonapartist press. To avoid the jury trial, the government assigned political trials to a political body, the + cour des pairs ;. This body, whose judiciary competence, in the absence of specific text, could be questioned, could only hear the most serious cases. So globally, the liberal principles consecrated at the beginning of the reign, were not compromised. Criminal legislation, moreover, was thoroughly reformed. Over hundred articles of the criminal code were modified by the law of 28 april 1832. As doctrine demanded, this reform consecrated the distinction between political and ordinary punishments. In addition, it lessened the rigors of the criminal code of 1810 by abolishing corporal punishment and capital punishment in 9 cases. Above all, it attributed to jury the right to pronounce extenuating circumstances, thus favouring the individuahsation of the sanction. It is indeniable that conservative reflexes continued. Jurors maintained their attachment to property, and magistrate as well as statesman careful to keep intact the efficacity of criminal law approached reform of criminal procedure with great circumspection. Nonetheless, the balance was resolutely in favour of the reform ; the monarchy of july constituted an essential moment in the long process of liberalisation and humanisation of criminal law
Aveline, Laurence. „Le droit à l'information du malade face à la pratique de l'art médical et chirurgical“. Bordeaux 4, 1995. http://www.theses.fr/1995BOR40031.
Der volle Inhalt der QuelleThe notions of the rights to be informed as well as the patients consent have deeply evolved during the last decades. The reinforcement of those principles is directly linked to the behaviour of the health consumers, coping with deseases as well as with medical authoriries. The patients nowadays not only have duties but also have rights. Stated as soon as 1859 by statute law (jurisprudence), the principle of the patient's consent has been granted a constitutional status today. All the difficulties incountered in the relation between doctors and patients are embodied in the ticklish subject of the severe diagnosis disclosure "to tell or not to tell the sick patient the truth". The answer lies in the changing of behaviours more than in a compulsive approach
Bodet, Jean-François. „Analyse critique des contrats entre concubins“. Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D023.
Der volle Inhalt der QuelleAgreements among concubinaries, which are naturally bound by general theory of agreements, are more and more frequent in practice nowadays, and have a considerable incidence on family law subsequent development. This situation comes from the increasing number of concubinages since about ten years, and disaffection shown by our contemporaries to marriage institution, surely eminently protective for people and one's patrimony. Critical analysis of these different agreements apt to be concluded in natural family, to ensure concubinaries juridical security, points out the difficulty that right may meet to surround very varied sociological situations and patrimonial dangers that full and entire contractual freedom may represent, in the bosom of family group. This evolution, that is stated furthermore in the bosom of legitimate family as well, seems to lead to a total disharmony of family legislation
Lancia, Christophe. „La condition des étrangers au droit français entre 1880 et 1939“. Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32003.
Der volle Inhalt der QuelleRicklin, Pierre. „La nature juridique du divorce demandé par un époux et accepté par l'autre“. Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D004.
Der volle Inhalt der QuelleDoyon, Julie. „L'atrocité du parricide au XVIIIe siècle : Le droit pénal dans les pratiques judiciaires du parlement de Paris“. Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCD088.
Der volle Inhalt der QuelleThe main of this PH dissertation is to study the “parricide” as an atrocious crime in the penal culture during the liberalEnlightenment, and notably after 1750. Criminal doctrine and Parlement de Paris’s judicial practices help to build thetopics and research problem about legal punishment to this vicious offense. From Renaissance, legal treatises broadlydefine this crime in the legacy of Roman Law. Parricidium means killing a relative to the fourth degree by blood.Criminal atrocity is determined by family links. Moreover, parricide also means a crime committed against the sacredperson of king. Major criminal offence (“lèse-majesté”), the regicide is punished with extreme torments as thequartering of the body. Accordingly, the common parricide is punished by hand cutting off. Physical abuse, poisoning,cousins, father, mother and king’s parricide: in judicial practices of Parlement de Paris (1694-1780), many are thecases and parents involved in a criminal trial for “parricide”. However, penal moderation prevails quantitatively overextreme repression. In majority of cases, defendants are liberated and, if they are insane, declared non punishable. After1750, general temperance is combined with a more and increasing severity concentrated on a relative to the first degreeby blood (“ assassinat d’un ascendant au premier degré ”). The “ geniune parricide ”, so restored by this study to itsepistemological centrality of Enlightenment penal culture, gives way to the penal codification (1791, 1810), which endsthe Ancien Régime of crime and punishments
Morell, Elisabeth. „Etat actuel des principes de la médecine libérale en France“. Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D309.
Der volle Inhalt der QuelleDescout, Emilie Céline. „Les groupes cubains à Miami, 1981-2001 : stratégies pour influencer l'opinion publique et la politique extérieure américaine envers Cuba“. Orléans, 2005. http://www.theses.fr/2005ORLE1067.
Der volle Inhalt der QuelleSince the 1960s, Miami has become the home of the opposition groups to the Castro regime. The study of these groups from 1981 until 2001 shows that the two dominant opposition networks, that is to say the isolationists and the moderates, tried to have a political and media influence in four areas : the Cuban enclave of Miami, Cuba, the United States and the the transnational space. If the Cuban groups in Miami formed real networks and powerful lobbies, why couldn't they manage to destabilize the Castro regime ? The main hypothesis is that they couldn't form a strong opposition movement against Fidel Castro because they were divided by inner tensions that undermined the efficiency of their oppositional strategies
Sanchez, Jean-Lucien. „La relégation des récidivistes en Guyane française : les relégués au bagne colonial de Saint-Jean-du-Maroni, 1887-1953“. Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2009. http://tel.archives-ouvertes.fr/tel-00506778.
Der volle Inhalt der QuelleSekkat, Abdelrhani. „La concession de service public en droit administratif français“. Bordeaux 1, 1987. http://www.theses.fr/1987BOR10019.
Der volle Inhalt der QuelleFrom all administrative contracts, the most important, and may be the most used, the one that is at the origin of may conflict and raises up great interest and ever passion, the contract that the doctrine and jurisprudence call a "concession of public service", is, without any boubt the most problematical, and sometimes the worst delimited. And nevertheless it would be important to define its most important caracteristics. It's the one that expresses the highest degree of collaboration between the administrating and a third party; it's the contracting parties that, on the occasion of inner litigation, made it often become a question of general orders. And still, the notion of concession isn't very clearely defined. The explaination of that enigma must be looked for in the attitude of the contracting parties and especially in the one of the conceding authority, in the fact that the administrative practice of concession made of it a contract that is different from the one which was described in the theoretical classical model ? if that's the right explanation (and why not), it explains an important , and may be a regrettable effect of the evolution of the notion, that evolution, mainly concerning the functions and the domain of use of the concession,is,however, far from having given only negative effects. The concession of public service, that means for the contracting parties rights and obligations, and gives rise to an important contentious matter, is often shows as a notion in crisis. If it seems hard to deny it, it will be necessary to give some explanations about the origins and the manifestations of that crisis, and also about the worth of the solutions proposed to solve it. Finally, it's possible to maintain that the concession problems could be solved by a come back to the first truths of that contract, that's to say, the gestion of the public service belongs to the concessionay, at his own risks, under the control of the conceding authority
El, Safouri Mohamed. „Islam, droit et pouvoir en Egypte“. Paris 2, 1986. http://www.theses.fr/1986PA020078.
Der volle Inhalt der QuellePrenant, Patricia. „Le brigandage et sa répression dans le "pays niçois" aux XVIIIe et XIXe siècle“. Nice, 2008. http://www.theses.fr/2008NICE0040.
Der volle Inhalt der QuelleIn France or in the Kingdom of Sardinia, the legislator considers the robbery to be one of the most serious crimes, and therefore to deserve the most severe and most exemplary punishments. However, the literature created myths around some bandits, as Cartouche or Mandrin, by turning them into popular heroes. Nevertheless, the region of Nice is poor, mountainous and a border territory. Moreover, it has been subjected to several changes of sovereignty between the XVIIIth and the XIXth century. Thus, the reality of the robbery does not correspond either to the description given by the legislation, or to the one supplied by the literature. Mostly, we are in presence of poor people, that become criminals when the opportunity appears and steal to survive and not to grow rich. Therefore, the judges of the region of Nice try when possible to deliver a sentence which takes into account that reality but also respect the promulgated punishments