Dissertationen zum Thema „Pouvoirs juridiques“
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Falaise, Muriel. „L'entreprise privée aidée par les pouvoirs publics : aspects juridiques nationaux et communautaires“. Grenoble 2, 1996. http://www.theses.fr/1996GRE21003.
Der volle Inhalt der QuelleWhile the advent of economic european community had the effect of an unified judicial regime settlement in 1957, the mecanism of national assistance is distinguished by two judicial regimes. At the crossroads of these two regimes, not only private enterprises must ensure themselves of the legality of the mesures they benefited on a national rank, but also must they examine the compatibility of this assistance having regards to the european law. It appeared imperious that the public assistance regime, conceived to support enterprises in their economic activity and required for the good fonctioning of an enlarged common market, do not become depraved because of a lack of transparency or an inherent suspicion against private firms wich would not be in adequation with the national law and the european one. Concerning the state grant, the situation of the private enterprise has to be reconsidered by highlighting the aspects wich contribute to a juridicial opacity. Actually the juridicial security of the enterprises is fundamental if we consider the necessary knowledge of the institutional framework to carry out a plan. To hit the target, the dissertation has been split in two sections. The first section is devoted to the current situation of the private enterprise with regards to the french law of public grant. The second section deals with the presentation of the incidence of the european law of the national grant upon the private enterprises. On an internal level a presentation is given of the different kinds of assistance in order to point out in the first place the granting modalities. When the benefiting firm wants to assert its rights, or when a competing firm is contesting an assistance concession, it is necessary to define first an foremost the competent authority. Now the private and public nature of the parties beeds difficulties in qualifying the bill concession especially as regards of contracts
Humphris, Nicolas. „Les fondements juridiques et anthropologiques des pouvoirs exceptionnels du juge des enfants français“. Paris 1, 2007. http://www.theses.fr/2007PA010282.
Der volle Inhalt der QuelleDondi, Sebastiano. „Pouvoirs et contrepouvoirs : les limites juridiques au pouvoir majoritaire dans la dynamique du regime politique en Italie et en France“. Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100056.
Der volle Inhalt der QuelleThis PhD dissertation consists in a comparative study of veto players (or counter-powers) that, according to Italian and French Constitution, aim at affect the legislative activity of the executive and majoritarian power and of its majority in the Parliament, i.e. laws and decrees-law. They are summarily: the referendum, the opposition parties, the head of the State, the Conseil d’Etat and the constitutional justice. The research, after the initial chapter regarding an innovative classification of veto powers which describes them with a dogmatic approach, explores in depth the existing relations among veto players and their interactions with Power. The methodology is based on an empirical and systematic analysis of some classic case-studies
Il lavoro di ricerca è uno studio comparato tra Italia e Francia dei contropoteri che, secondo Costituzione, intervengono sul prodotto del lavoro del Potere maggioritario, le leggi e i provvedimenti di rango primario. Si tratta del referendum, l’opposizione parlamentare, il capo dello Stato, il Conseil d’Etat e la giustizia costituzionale. La tesi, dopo un capitolo iniziale dedicato ad una innovativa classificazione dei poteri di veto idonea a inquadrarli dogmaticamente, si propone di indagare in profondità le relazioni che legano fra di loro gli organi di contropotere e come questi interagiscano con il Potere. La metodologia utilizzata è innovativa e si basa su un’analisi empirica basata su casi esemplari e basata sul metodo sistematico
Marc, Errilus. „Indépendance judiciaire en Haïti : les règles juridiques comme facteur explicatif du malfonctionnement judiciaire“. Master's thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26743.
Der volle Inhalt der QuellePerez-Clech, Émilie. „Contribution à l'étude des temporalités juridiques“. Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10062.
Der volle Inhalt der QuelleTraditionally, the right is perceived as that must assure the stability of the legal rule and the situations governed to guarantee the legal security of the subjects of right. But this is not the absolute truth; it is only about an appearance established on the classic approach of the theory of the Rule of law. Nevertheless, a temporality was organized to answer this need. It is characterized by perpetuated moment. The legal temporality is a suite of leading juxtaposed immovable sequences drives to arrhythmias during a passage of a state from the right to the other one. So shows itself a fictitious legal time except real time, locked into a bubble of stability between two definite moments. Now this politics turns out ineffective and exceeded in front of carried infringements on the binding effect of the contract, on the durability of the laws, and in front of disorder reigning within the legal system. We think that the changes intervened within the legal mechanisms and within the legal system itself cannot be treated as simple disorders or troubles to be treated. The normative acts by agreeing to take into account evolutions the situations which they govern so changed nature. They became processes integrating within them the uncertainty of time, its creative effects, and thus certain flexibility. The time of the right is not any more one except fictitious time; it is a time "contextualisé ". This new politics of time shows to be outstandingly effective by allowing to re-assure a division of powers by the reorganization of the temporal spheres
Bouhafs, Khadidja. „Les instruments juridiques de contrôle des pouvoirs de l'employeur privé en droit algérien et en droit français“. Paris 10, 1985. http://www.theses.fr/1985PA100261.
Der volle Inhalt der QuelleBouhafs, Khadidja. „Les Instruments juridiques de contrôle des pouvoirs de l'employeur privé en droit algérien et en droit français“. Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594519t.
Der volle Inhalt der QuelleBontemps, di Sturco Charlotte. „Le pouvoir normatif des collectivités territoriales dans les systèmes juridiques français et italien“. Paris 1, 2007. http://www.theses.fr/2007PA010279.
Der volle Inhalt der QuelleGuilloud, Laetitia. „La loi dans l'Union européenne : contribution à la définition des actes législatifs dans un ordre juridique d'intégration“. Université Pierre Mendès France (Grenoble), 2007. http://www.theses.fr/2007GRE21022.
Der volle Inhalt der QuelleDespite their nameless character, it is possible to notice the existence of statutes within the European Union. However, this assertion implies to go against the usual organic definition of statutes in Members States. The original identification of a statute by its author (the Parliament) had to be reconciled with practical requirements whose consequences are that statutes are no longer the elected representatives' monopoly. Not only do they work in collaboration with other organs, but some Constitutions allow Parliament to delegate its legislative competency to the executive organs. As a result, the statute is no longer identified with its author, but by its rank within the hierarchy of norms, the latter of which is based on its superiority. The emergence of European statutes rests then on the jurisprudential distinction between basic rules and implementing rules. The hierarchy thus introduced between the different norms of secondary rules reflects the progress of juridical integration in the European Union legal order, which tends to be structured according to comparable modalities in the national legal orders. Legislative function is however shared between the different European authorities, which reveals the coexistence of distinct principles of legitimacy in the European Union and fosters the criticisms concerning the democratic deficit. The relevance of those criticisms can be questioned, as the European Union tends to develop its own democratic operating mechanisms
Van, Waeyenberge Arnaud. „Les nouveaux instruments juridiques de la gouvernance européenne“. Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209759.
Der volle Inhalt der QuelleAfin d’identifier les caractéristiques, les contours et les nouvelles formes de normativités de ce modèle alternatif, cette recherche a adopté une approche pragmatique de l’étude droit et étudie empiriquement et systématiquement six politiques publiques européennes :la stratégie européenne pour l’emploi (SEE) et la Méthode Ouverte de Coordination (MOC), le programme européen REACH; la politique européenne de l’eau; la politique comptable européenne; la politique de régulation des services financiers; et la lutte contre le réchauffement climatique et le marché européen du carbone. Ces politiques publiques sont étudiées au moyen d’une approche par les instruments d’action publique qui s’inspire de la démarche et des recherches effectuées par Michel Foucault sur la « gouvernementalité ».
Cette analyse nous aura permis de démontrer que la transformation de la méthode communautaire classique se constate à au moins trois niveaux. Au niveau des acteurs, on assiste à un renforcement de la place des acteurs privés et de la société civile dans les politiques publiques étudiées. La transformation de l’action publique européenne réside également dans l’utilisation abondante de nouveaux instruments d’action publique - plus techniques que politiques et plus incitatifs que contraignants (du type benchmarking) - qui impliquent systématiquement une collaboration entre acteurs publics et privés à différents niveaux du processus décisionnel (coproduction normative). Enfin le mode de sanction est devenu une « contrainte par l’image » reposant sur la figure du « mauvais élève de la classe » véhiculée principalement par des publications de classements basées sur une classification des bonnes pratiques. Corrélativement, cette transformation se constate également dans les phases d’élaboration, d’exécution et de contrôle du droit de l’Union européenne.
Une fois les caractéristiques et les contours de ce modèle alternatif dessinés sur base des politiques publiques étudiées, cette recherche s’est ensuite tournée vers une présentation des discours (politiques et juridiques) et écoles de pensées (Law and Economics / New Public Management / Démocratie délibérative / Expérimentalisme démocratique) permettant de justifier son existence et, par là, de fonder sa légitimité. Enfin, si ce nouveau modèle peut prétendre à une certaine légitimité ou nécessité et s’il n’apparaît pas envisageable de revenir en arrière, sa non-concordance avec le traité est problématique. En effet, ce modèle pose une série de questions relatives au manque de contrôle sur l’activité des institutions de l’Union et à la sauvegarde de l’ordre juridique constitutionnel européen. Plus précisément, l’étude de la question de la protection juridictionnelle effective et du respect du principe de l’équilibre des pouvoirs permet d’identifier un certains nombre d’écueils et de proposer des suggestions d’amélioration pragmatique du modèle décisionnel européen au regard des nouveaux instruments juridiques de la gouvernance européenne.
The starting point of my doctoral research is that the Classic Community Method, as described in the Lisbon Treaty, does not enable one to understand the manner in which law is currently produced in the European Union. I claim that the Community Method is in fact challenged and transformed by new legal instruments that, far from being isolated initiatives, are part of an alternative model of governance.
My research adopts a programmatic approach as to identify the features, contours and new forms of normativity of this alternative model. It studies empirically and systematically six European public policies through “an approach by instruments” inspired in the writings of Michel Foucault on "governmentality”.
This analysis shows that the transformation of the Classic Community method occurs at least at three levels. First, there is a strengthening of the role of private actors and civil society in policy making. Second, the transformation of European public action also lies in the abundant use of new policy instruments - rather technical and political incentives than binding rules (benchmarking) - that involve a systematic collaboration between public and private actors at different levels of decision-making (co-regulation). Third, control and sanctions rely greatly on a “constrained by image” system based primarily on publications of rankings and classifications of good practices.
After I present the features and contours of this alternative model, my research analyzes the political and legal discourses, as well as the schools of thought (Law and Economics / New Public Management / Deliberative Democracy / Democratic Experimentalism), that justify its existence and, therefore, its legitimacy.
Finally, my doctoral work rises the question about the lack of control over these regulatory activities and brings to light the safeguards that should be taken by the European Court of Justice to respect European Union’s Constitutional law
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Abdelmoumen, Nedra. „Hiérarchie et séparation des pouvoirs dans les sociétés anonymes de type classique“. Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010342/document.
Der volle Inhalt der QuelleThere is no legislation asserting that the limited company is governed according to the principles of hierarchy and separation of powers. It is the jurisprudence of the Motte ruling that establishes these principles modeled on a political democracy. The challenge is therefore to verity the application of these principles in classic limited companies. The presence of the principle of separation of powers seems to be associated with the presence of the principle of hierarchy. However, the relationship between the two principles is traditionally tumultuous. Nevertheless, it is hardly about a simple report. Indeed, the assertion according to which shareholders assembly occupies a sovereign position in the hierarchy does not resist for a long time to the analysis. The apparent peaceful coexistence between the principle of hierarchy and the principle of separation of powers is eroded when facing the market requirements. This market is an external actor to the limited company. However it intensely demonstrates that the rules governing the organization of power in the company imperfectly reflect the relationship between these principles. The different cases of these principles revealed the presence of strongly binding and paradoxical imbalances, even distortions, between the practice of these principles and what is required by the essence of their determinants. These findings are not opposed to the possibility of reaching consistency and harmony in the general operation of the limited company. However, the development of alternatives should not challenge the legitimate influence of the market. On the contrary, it is to enforce the economic role of the company. Thus, a primary objective of this thesis is to show that even though the principles of hierarchy and separation of powers are the founders of the companies operating principles, they nevertheless require a re-founding. The re-founding aims to determine the purpose of the principles, redefining the powers of the sovereign body, as well as streamlining the powers of the managing body. Finally, to resume the dialogue between the two bodies, their relationship should be relativized, incorporating the values of cooperation and conciliation in the culture of the company
Care, Nicolas. „Compétence dans l'élaboration des règles de conflits et forme de l'Etat“. Paris 2, 2010. http://www.theses.fr/2010PA020047.
Der volle Inhalt der QuelleOttoni, Sibilla. „Principe de proportionnalité et droit de la concurrence“. Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020047.
Der volle Inhalt der QuelleJudicial review of antitrust authorities’ decisions shows as extremely variable. This justified an effort of theoretical explanation and demanded the elucidation of several intermediate questions. The technical nature of the economic subject accounts for a specific institutional model (the independent agencies one), a given type of norms (through standards and indeterminate concepts), a peculiar form of discretionary power (defined mixt: both pure an technical). Considering all these elements, we defined the ideal reach of judicial review. The first element, the independent nature of authorities, dictates to wonder on the boundaries between confrontational administration and trial, but also on the boundaries between administration and politics. The second element, related to the structure of the norm, provokes a reflection on the necessity that the administration completes the legal prescription while applying it, somehow participating to the definition of her own power’s legitimacy requirements. The third element recalled, the mixt nature of discretionary power, led to redefine the reasons of the analogy between jurisdictional control on opportunity and on technical administrative evaluations. The instrument used to carry out the described analysis is the principle of proportionality, tool of administrative action but also instrument of judicial review, that permitted to reveal the affinity between administrative and jurisdictional paradigms that founds the observed uncertainties
Hervois, Johan. „La production de la norme juridique en matière scientifique et technologique“. Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00688129.
Der volle Inhalt der QuelleFeukeu, Tchoumba Marie Agnès. „Le pouvoir de sanction de l'Union Africaine : essai d'anayse théorique des mécanismes de coercition du système d'intégration régionale africain“. Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D020.
Der volle Inhalt der QuelleLike other continents, Africa equipped itself with a body in charge of implementing its political and economic ambitions. However, setting up a structure of such magnitude with the appropriate robust instruments to ensure its functioning was an uphill task. The institutional reform of this African regional body in early 2000, by the change of name, was an affirmation of measures sanctioning the non-respect of its rights. Yet, the existence of such norms in the African context was not without difficulties. From the onset of regional construction with the creation of the Organization of African Unity (O.A.U.) in 1963, sanctions were not conceptualized or envisaged in the original texts. The main reason for this shortcoming was that as soon as they were set free from the colonial yoke, African States were not ready to allow themselves to be robbed of their newly won sovereignty gotten through the hard battles for independence. The creation of a continental body in Africa, with coercive powers, was a delicate issue at that time because of this sensitive heritage. Despite such obstacles, the Organisation endeavoured through hardship, to operate and to affirm the power of sanction. Nonetheless, due to the lack of appropriate mechanisms, and other persistent functional shortcomings, the Organization of African Unity was forced to undergo institutional reform. On 9 September 1999 in Syrte, Libya, member States adopted a Declaration on the creation of a new body, the African Union, which replaced the O.A.U in 2002. The institutional reorganization of the regional body opened wide, the door to sanctions. Since then, sanctions figure prominently in the founding texts of this body and are enforced to sanction the non-compliance of States with their obligations, to prohibit coups or other anti-constitutional changes of Government. They focus especially on the establishment of mechanisms for the protection of human rights, plus the principles and ideals of this body. In spite of this important acknowledgement, sanctions encountered numerous difficulties regarding their enforcement. In an unstable and uncertain atmosphere, and due to a clear lack of will power by member States, sanctions are only timidly attaining their set goal of ensuring respect for the rights of the African Union
Bouveresse, Aude. „Le pouvoir discrétionnaire dans l'ordre juridique communautaire“. Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30015.
Der volle Inhalt der QuelleA lot of studies have been dedicated to discretionary power in national’s legal systems. Key point of the dialectic between power and law, it is not surprising that this topic has been impassioned the doctrine. Even so, no significant analysis dealt, in European law, with this concept yet. However identification of its foundations, its modes of enforcement and its limits can not he found by a simple commutation of national results. The specificity of the European institutional structure and processes distinguish the exercise of power in this particular context. Moreover, the aims of the treaty, still mainly economic, and the European rules of law occasionally fragmentary and often ambiguous promote the acknowledgement of a large power of discretion of European institutions. Theses circumstances explain that the European Court of Justice fulfils a task which can not be compared with the one assumed by national Court in the review of legality. But, the discretionary power, defined in the legality and by the jurisdictional review, can not he understood in its entirety through these scopes of definition. Indeed the definition of discretionary power should also be considered in a wider time-frame work and placed in the context of the transformations of the law. The development of new policy instruments in the European context as the soft law has subsequently modify the concept of legality which is not able anymore to guarantee the legitimacy of the power of discretion. Henceforth it seems that this power of choice should be legitimized by the concrete demonstration of its rightfulness, the concept of legitimacy “over-defining” its definition
Juredieu, Franck. „Ratification et acte juridique“. Poitiers, 2011. http://www.theses.fr/2011POIT3016.
Der volle Inhalt der QuelleThe subject of this thesis is a confrontation of two terms, ratification and legal act. The first term, shared between a larger sense (an approval of another's person's act) and a more technical sense (a third party's acceptance of the effects of a legal act athat are adressed to him/her) represents a high degree of ambivalence that the second term can clarify. .
Yazici, Marie-Hélène. „La motivation : enjeux juridiques et de pouvoir pour le juge pénal“. Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D029.
Der volle Inhalt der QuelleFor the researcher’s perspective, the complex dimension of motivation offers almost unlimited scope for investigation. In criminal matters, the question of motivation is an issue of concern for both the legislator and the judge. By constantly adding legal requirements regarding the motivation, the legislator urges judges and prosecutors to systematically provide the legal and factual reasons that are the basis of their decisions. The legislator enacts such obligations in order to confine, or even strongly reduce, the margin of discretion of the criminal judge who is in charge of normative power, even in the context of interconnected lawmaking processes. This attitude reveals a desire to monopolize the lawmaking process. However praiseworthy the intention may be from an institutional point of view, it lacks realism. The legislator is moving away from the efficiency and quality constraints that the criminal judge is subjected to. As the motivation historically and firstly derives from practice, the criminal judge easily adapted to his numerous obligations regarding this matter. Benefiting from a key communication tool, he launched his brief and peremptory practices which led him to take part to the mechanism of creation, and often, destruction of law. If the judge’s participation in the production of the law enhances its quality, the judge’s lack of democratic legitimacy remains and forces him to look for a communication strategy based on persuation instead of a purely assertive approach
Marsaud, Guillaume. „Les agences de notation : l’appréhension juridique d’un pouvoir privé économique“. Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0031/document.
Der volle Inhalt der QuelleAs a result of their involvement in the subprime crisis and pro-cyclical role in the sovereign debt crisis,the credit rating agencies have been, since 2007, subject to the specific attention of the lawmaker whichhad to ensure integrity of the financial market and restore investors’ confidence in the aftermath of a realfinancial cataclysm. The criticisms against the oligopoly that dominates the rating industry were manyand include, inter alia, conflict of interest, opacity, deficient methodologies, lack of credibility and anticompetitivebehaviours. The successive adoption of regulatory and legislative measures was not enoughto achieve emancipation from the influence of this economic private power which maintains rootswithin the market regulatory framework since the aftermath of the Great Depression of 1929 and whosedevelopment is closely linked to securitization. Instead, the new regulations that should have governedan “activity” rather than “structures” have, alongside some commendable initiatives, resulted in theconsecration of a specific regime. Even the violations of the economic public order were rarely punishedby a justice which, except for anecdotic cases, was missing adequate legal weapons to address thosesituations or by a regulator still too immature. However, due to an environment constantly changing, thefew benefits obtained in terms of the rating agencies’ transparency and control, are already in the processof being jeopardised. The lawmaker seems to have moved on to other topics, while on the horizonappear new bubbles in new markets where rating agencies are very active
Rosa, Fabrice. „Les actes de réglementation privée“. Paris 1, 2011. http://www.theses.fr/2011PA010319.
Der volle Inhalt der QuellePoulet-Gibot, Leclerc Nadine. „La place de la loi dans l'ordre juridique interne“. Limoges, 1990. http://www.theses.fr/1990LIMO0415.
Der volle Inhalt der QuelleThe relationship between the statutory instrument and the act of parliament has not experienced the juridical revolution which articles 34 and 37 of the 1958 constitution wright well have entailed. The act of parliament has continued to expend its sphere of influence. The act of parliament is a priori at liberty to legislate on whatever subject it pleases and the statutory instrument operates simply to ensure its correct application. As in the earlier republics, the legislative weight of each norm is proportional to the legislative weight of its creatory hench juridicam hierarchy. Even if the classical conception of the law has indeed survived, the law has nevertheless been disrupted in other ways. It has become an irreplaceable political norm has paradoxirally led to its distortion. And, moreover, it bow to higher norms. The development of community law means that the national legislator is left with little autonomous latitude: without dwelling on the development of community law, it should be noted that the national legislator is very often the means by which those same laws are applied. The conseil constitutionnel, however, exerts only a minimal control
Poulet-Gibot, Leclerc Nadine. „La place de la loi dans l'ordre juridique interne /“. [Paris] : Presses universitaires de France, 1992. http://catalogue.bnf.fr/ark:/12148/cb36657729m.
Der volle Inhalt der QuelleBichara, Jahyr-Philippe. „La privatisation au Brésil : aspects juridiques et financiers“. Paris 1, 2004. http://www.theses.fr/2004PA010291.
Der volle Inhalt der QuelleBuffa, Stéphane. „Le pouvoir discrétionnaire de l'administration fiscale“. Paris 1, 2011. http://www.theses.fr/2011PA010329.
Der volle Inhalt der QuelleRwimed, Abdelghani. „Apects juridiques de l'évolution des entreprises socialistes en Libye“. Nice, 1989. http://www.theses.fr/1989NICE0002.
Der volle Inhalt der QuelleThiancourt, 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
Amar-Layani, Brigitte. „Le contrôle de constitutionnalité de l'acte juridique privé“. Toulouse 1, 1994. http://www.theses.fr/1994TOU1A001.
Der volle Inhalt der QuelleValiergue, Julien. „Les conflits d'intérêts en droit privé : contribution à la théorie juridique du pouvoir“. Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0259.
Der volle Inhalt der QuelleA conflict of interests refers to the opposition of two or several separate interests, concerning separate persons or groups of persons. It may occur that a conflict opposes the interest of one person – or the interest of a person to whom the first person is acquainted – to the interest of a third party of which the first person is responsible. Such situation could result in the conflict being illegitimately solved to the detriment of the third party’s interest. Therefore, the purpose of this thesis is to study this type of conflict of interests by linking it to the legal theory of power. Here, the power is defined as the prerogative enabling the entitled person to be involved in the creation of legal acts on behalf of another party, by defending one or several interests separate from their own interests.These powers can be subject to a double distinction. The first distinction aims at differentiating powers depending on the role played by those who are entitled to such powers in the determination of the content of the legal act to be created. This distinction results in the separation between intellectual powers and decision making powers. The second distinction aims at differentiating powers depending on the duties of the entitled persons. It results in the separation between loyalty-powers and impartiality-powers.Linking the conflict of interests to the legal theory of power has two consequences. First, it helps delimiting the field of such conflicts. And it also helps defining them. Indeed, a conflict of interests corresponds to a situation where a misuse of power may occur. In such types of conflicts, the risk that the person in power might act contrary to their duty arises. It then results in a typology of conflicts of interests. This typology is based on the main distinction between loyalty conflicts and impartiality conflicts and on two secondary distinctions: the distinction between direct and indirect conflicts on the one hand, and the distinction betweenthe conflicts of interests and duty and the conflicts between duties on the other. This distinction between conflicts justifies a distinction in the way they are treated. Indeed, these various types of conflicts do not have the same risk of resulting in an actual misuse of power, which should be taken into account when treating such conflicts. The resulting typology is therefore a tiered typology that could be used to identify the corresponding treatment for each type of conflict
Béchet, Karine. „L'influence du pouvoir normatif du président russe sur la représentation de l'ordre juridique“. Montpellier 1, 2005. http://www.theses.fr/2005MON10040.
Der volle Inhalt der QuellePapanikolaou, Dimitri. „L'ordre juridique sportif : mythe ou réalité ? : contribution à une vision pluraliste du droit“. Bordeaux 4, 2008. http://www.theses.fr/2008BOR40054.
Der volle Inhalt der QuelleThe subject of this thesis is the existence of an international sports' legal order and the measure of its regulatory autonomy. The first part of this thesis discusses the nature of the sports' system. Here is it shown that according to a pluralist vision, the sports' order is legal by reason of three of ita attributes : the rules that codifie the interdependence of rights and obligations, the judges who settle disputes in a sovereign capacity and, finally, the structure that has been built around one common goal : to organize sporting events. According to institutionnal theory, law exists even beyond state legal order. By applying this theory, the legal nature of the sports' order can be maintained independently of its state-like qualification. According to this view, the recognition of the legal nature of the international sports' is a condition for its participation in the normative and juridictional state network and not a condition for law. However, sports' legal order is not autonomous. As it is shown in the second part of the thesis, the State has subjected it to its principals through specific techniques and controlled sports' regulatory autonomy. Using conventional ways or introducing public law in sports, the authorities have subordinated the sports' system to pre-existing state legal categories. This was often done without taking into consideration the institutional attributes of the sports' order. However, in certain cases, States have recognized the existence of a sports' legal order. This has been demonstrated by the occasional derogations and through the collaboration in the anti-doping fight
Liu, Ruihua. „La diversité des pouvoirs locaux en Chine entre centralisation et autonomie dans une perspective juridique évolutive“. Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0300/document.
Der volle Inhalt der QuelleThis thesis focuses on the diversity of local authorities in China, who are found between traditional centralizing tendency and autonomist innovative evolution. The central authorities in China still carry most of the powers of the state and overlap powerfully to local authorities. However, even if they are under the control of central authorities, local authorities have now acquired competences in multiple areas, such as economy, social sector, urban planning, culture, environment and sport. Local authorities thus represent today real centers of power that covets politicians during political events. But unlike in France, local authorities are presented in China in the context of the communist regime. However, as in France, the decentralization and deconcentration policy represents a challenge for public policy development. In this regard, the local level has changed status: it aims to become a decisive level of government corporations. This thesis is for French legal professionals and aims to explain the decentralized China also the legal and political developments which led to the current situation. Especially since the latest thirty years, that local authorities become having more and more space in the political, administrative and legal life of China. The thesis not only presents essentially the constitutional framework of decentralization in China, but also exposes the practical dimension of its operation. As are seen changes in the status of autonomous levels, their legal and political capacity and the degree of autonomy, both from the perspective of decentralization as deconcentration. The local regime in China has extremely diverse manner in both a chronological and diachronic dimension. This diversity of local authorities is demonstrated through both parts of the thesis
Pichot-Bravard, Philippe. „Conserver l'ordre constitutionnel (XVIe-XIXe siècle) : Les discours, les organes et les procédés juridiques“. Paris 2, 2008. http://www.theses.fr/2008PA020090.
Der volle Inhalt der QuelleMock, Mélody. „Le coup d'Etat moderne, formation ajuridique d'un nouvel ordre juridique“. Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020090.
Der volle Inhalt der QuelleHow can the violent overthrow of a government generate a stable legal order? Often overlooked by the legal community, a modern coup is not just a process of accession to power; it is also one of the ways of engaging the original constituent power, of constitutional rupture and of reconstruction. This concept is located at the intersection of political science, of the philosophy of law and of history. The modern coup, which permits the establishment of a new constitution, is the sudden, illegal replacement of a government by a small group of the existing state establishment by the use of force. Based on various historical events, such as the coups d’état of Bonaparte, Lenin, Pinochet, etc., we define this concept and distinguish it from a revolution. We establish a classification of different types of coups, according to their protagonists and their impact on the constitutional system: revolutionary coups, classical coups, modern coups, putsches, and pronunciamienti. We also define the techniques of preparation, implementation and preservation of the coup which affect both the political and legal spheres
Bouclier, Précloux Marion. „Le réformisme constitutionnel d'origine parlementaire sous la cinquième république : essai sur la constuction d'un discours juridique“. Perpignan, 2003. http://www.theses.fr/2003PERP1024.
Der volle Inhalt der QuelleHaddad, Judith. „La doctrine juridique de l'Etat, une interprétation unilatérale du droit international public“. Montpellier 1, 2003. http://www.theses.fr/2003MON10008.
Der volle Inhalt der QuelleMontoriol-Rasquin, Cécile. „Une approche juridique du déficit démocratique dans l'Union européenne“. Bordeaux 4, 2002. http://www.theses.fr/2002BOR40017.
Der volle Inhalt der QuelleDuhamel, Jean-Christophe. „Le pouvoir du capital dans la société anonyme : essai sur la société anonyme en tant que technique d’organisation du pouvoir juridique et structure de concentration du pouvoir économique“. Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20008.
Der volle Inhalt der QuelleA conceptual analysis of the power of capital in a corporation involves distinguishing between legal and economic power. The legal power of capital classically refers to an organic prerogative but also has to be analyzed according to the theory of power in private law. Hence, shareholders have to exercise an altruistic prerogative for the benefit of interests other than their own. Indeed, corporate law is organized around several interests that may conflict with individual shareholder interests, for example the common interest of shareholders or even the purely selfish interest of the corporation. However, this classical theory of legal power is challenged by the doctrine of corporate governance whose current expression of economic power in corporate law can be defined as the capacity of economic entities to reduce risks. By modifying managerial conduct, this doctrine aims to reduce the risks related to the investment in listed companies. Corporate governance is a phenomenon of economic power, not legal power in the corporation. A realistic assessment of this power leads to the conclusion that it is ineffective in reducing investment risks
Parachkevova-Racine, Irina. „Pouvoir et financement dans la société anonyme cotée : pour une reconnaissance juridique de la diversité des rapports entre pouvoir et fonds propres“. Nice, 2004. http://www.theses.fr/2004NICE0019.
Der volle Inhalt der QuelleConnections between power and financing lie at the very heart of every company organisation. Nevertheless, a public company with shares listed on the Stock exchange is a special one, which gives originality to these connections. In this company model, there is no unity in the link between power and financing. The rules are not the same as those in the companies whose shares are not listed on the Stock Exchange. The connection diversifies because of the segmentation of the investors on the market. And so, in practice, there is a double link between power and financing. The latter represents a change in the classical principles. On the one hand, savings dissociates power from financing, which calls proportionality and "anonymous" democracy principles into question. On the other hand, power and professional investors financing are associated. But, despite every indication to the contrary, it leads to a new distortion of the proportionality principle and weakens company. Currently, this evolution is partially taken into account. The difference between power and financing by savings is comprehended by lots of rules, in company law as in stock exchange law. These rules fit into the same scheme, to such an extent that the existence of a real legal status for savers can be asserted. Conversely, the association between power and financing by professional investors is neglected even in its principle. There are no appropriate rules for the specific role of the professional investor. Therefore, a suitable legal status must be thought up. Beyond, a new application of the equal shareholders principle may be suggested. Not only the latter would apply according to the legal form of the share but also according to the economic condition of holders
Papazian, Patrick. „La séparation des pouvoirs civil et militaire en droit comparé“. Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020027/document.
Der volle Inhalt der QuelleThis comparative study aims to demonstrate that the principle of separation of civil and military powers is a fundamental part of States with liberal tradition. In law it takes the form of incompatibilities. In law, it takes the form of incompatibilities. Initially, following the experiences of confusion of civil and military powers that separation has taken the shape of an incompatibility between the military and the voter. In a second step, this separation has taken the shape of a mismatch between the military and the representative
Granger, Marc-Antoine. „Constitution et sécurité intérieure : essai de modélisation juridique“. Pau, 2010. http://www.theses.fr/2010PAUU2012.
Der volle Inhalt der QuelleThe relationship between the Constitution and internal security raises the question of the coexistence of the rights and freedoms guaranteed by the Constitution and the police arsenal. In order to examine this relationship on an overall basis rather than with regard to any one fundamental right or freedom, any specific police measure or any particular form of delinquency, this thesis proposes to attempt to find a legal model that would make it possible to identify the constitutional limits applicable to any particular police measure. Initially, the corresponding modelling is based on the distinction between the two different branches of the police. This gives rise to two “standards” for constitutional limits, corresponding to the measures adopted by the administrative police and those adopted by the judicial police respectively. But thereafter this modelling based on the distinction between the two different branches of the police has had to be passed over for two reasons. Firstly, because the correspondence established between the legal nature of the police measures and a certain number of constitutional limits is sometimes blurred as a result of the overlapping of the police ends pursued. Secondly, because setting aside this distinction, the rule concerning the adaptation of police means to the ends being sought constitutes another key factor when modelling the relationship between the Constitution and internal security. The general conclusion suggests that this attempt to establish a model for the relationship between the Constitution and internal security should be seen as a “given” for the resolution of conflicts between fundamental rights and freedoms and the police measures in force which will serve to round out the necessary analysis of the constitutional rule applicable to any right or freedom called into question
Attali, Sophie. „Le droit antisémite de Vichy : un droit politique d'exception“. Toulouse 1, 2008. http://www.theses.fr/2008TOU10018.
Der volle Inhalt der QuelleFollowing the research already carried out into the Vichy regime and the question of its racial legislation, this thesis will approach the antisemite laws of Vichy as a specific expression of a political right of exception. We will try to release the context, the bases and the various facets of this legality of exception. Then, it will make it possible to engage a reflection on the situation of anti-republican legality diverting French law to achieve political and institutional aims which allowed the birth of the standard of exception : the State's political law against the Jew's political rights
Parent, France. „Entre le juridique et le social : le pouvoir des femmes à Québec au XVIIe siècle“. Master's thesis, Université Laval, 1990. http://hdl.handle.net/20.500.11794/29457.
Der volle Inhalt der QuelleMesnard, Michèle. „L'expression de la modalité en langue juridique : étude portant sur les verbes devoir et pouvoir“. Bordeaux 3, 2003. http://www.theses.fr/2002BOR30047.
Der volle Inhalt der QuelleThe legal language, and especially the code's language of the civil and penal fields, either legislative or reglementary, is intuitively seen as carrier of numerous values of obligation and permission. The analysis reveals that this language conveys an important number of national elements and wordings containing the two modal verbs "pouvoir" and "devoir", since one can find 5500 appearances of these verbs, including more tha 4300 for "pouvoir" in the French civil and penal codes and in the French civil and penal procedural codes. This concentration of the expression of the possible and/or the compulsory allows to translate the differents fields of the idea which guide a legislative wording, the presupposition of an hypothesis, and its possible or compulsory solutions, a principle or an exception
Suguimoto, Herculano Rafael. „Le pouvoir du droit : la doctrine à l'ère du scientisme juridique (approches historiques comparées entre la France et le Brésil)“. Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0248.
Der volle Inhalt der QuelleAn examination of the legal doctrine of the late 19th and early 20th centuries reveals a discrepancy between, on one hand, a declared ambition - to integrate the contribution of scientism into a renewed approach to the legal phenomenon - and, on the other hand, the productions to which this design may have given rise, which still seem to be very largely dependent on the frameworks of modern thought. Attempts to re-establish the ancient authority of the doctrine by means of a methodological and scientific renovation have thus, paradoxically, contributed to strengthening the weight exercised by political power over the production and interpretation of law. Thus, the developments of jurists from the scientific school have greatly shaped and consolidated an instrumental conception of law in contemporary societies.An analysis of French and Brazilian doctrine from this period shows that the problems encountered are part of broader frameworks of thought, referring to paradigms that presided over the formation of the modern State and contemporary societies. The comparison of legal thinking in France and Brazil provides valuable insights into complex phenomena combining law, science, and legal modernity. In order for this research to bear fruit, it seemed essential to study, in addition to the doctrinal productions in their own legal field, the social issues in which they are embedded, in the light of the specific historical context of each country. The study of this particular moment in the history of legal doctrine, in which law and science are associated in a hitherto unknown way, is essential to understanding the relationship between law and modernity, inaugurating a new model of thought that is still ours
Constantin, Alexis. „Les rapports de pouvoir entre actionnaires“. Paris 1, 1998. http://www.theses.fr/1998PA010267.
Der volle Inhalt der QuelleThe subject of this thesis is, in the first place, to show the reality of the power relations between the shareholders. Then, there is a political reality of the mechanism of the public limited company that is different from its legal concept. In fact, these judicial rules are often twisted implying an omnipotence of the majority power (the control) and a necessing reenforcement of the minority shareholders privileges. Juridics and modem economics theory agree on this position. Shareholders have divergent advantages. Therefor, it is in their interest to influence the management of the company by liberating different source of power. In a second time, we shall try to determine the nature and the legal concept of these relations. Therefor, we need to study the question of the power relations. But we shall separate between the legal power (wich means that the holder finally has to act in the company interest and not in his own's, under judiciary supervision of abuse of power) and a material power (wich would be the relations based on a subjective right implying that a person can force his own opinion on others, sanctionned by the misuse of right). There is a legal power owned by the controlling interests wich authorise them to act in a different way, called the corporate interest. On the other and the minority shareholder's power is sometime legal (when it is based on their voting rights) sometime material (when it is based on specific or general rights other than their voting rigts. There are subjective rights placed at their disposal in their own interest. The corporate interest wich seems to be the issue of these rights, is in fact the effective limit of their use). The corporate interest concept is a major composent of the power relations between the shareholders, then we shall explain its part and define what corporate interest means
Nguinza, Fidèle. „La spécificité de la question des minorités et le pouvoir politique en Afrique noire : lecture centrée d’un cas particulier : le Sud-Soudan“. Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30007.
Der volle Inhalt der QuelleCombeau, Pascal. „L'activité juridique interne de l'administration : contribution à l'étude de l'ordre administratif intérieur“. Bordeaux 4, 2000. http://www.theses.fr/2000BOR40010.
Der volle Inhalt der QuelleLaval, Mader Nathalie. „La compétence du juge judiciaire en matière administrative par détermination de la loi“. Toulouse 1, 1994. http://www.theses.fr/1994TOU10024.
Der volle Inhalt der QuelleFor the past two centuries French legislators have transferred to the court judge a number of administrative disputes. The problem is to decide whether these transfers are simple exceptions to the traditional repartition of competence or if they herald an evolution tending to widen the competence of the court judge. This study's aim is to answer two questions : 1) in administrative matters what is the extent of the court judge's competence. 2) What are the repercussions of this evolution. In a juridical, ideological, political context which is evolving the acceleration of statutory changes raises the following questions : 1) will it not weaken the traditional french jurisdictional duality. 2) will it not endanger the legality of rulings in administrative matters and thus remove administrative cases from the administrative courts. This devolution of competence is nevertheless counterbalanced by the specific and irreducible competence of the administrative judge in French law when the prerogatives of public power are fully exercised
Sée, Arnaud. „La régulation du marché en droit administratif : étude critique“. Strasbourg, 2010. http://www.theses.fr/2010STRA4032.
Der volle Inhalt der QuelleThe notion of “market regulation” is the subject of recurring questioning of the law doctrine in the last few years. Its shy emergence in the positive administrative law contrasts sharply with the importance of the doctrinal speech produced on this theme. It is moreover the interest granted to these relations that is the main topic of this thesis. The notion of market regulation is above all a notion of the speech on the law, a descriptive notion. But, beyond that, does it really constitute a notion of the speech of the law, that is to say, a legal notion of the positive administrative law ?This thesis has given a negative answer to that question and has demonstrated that the market regulation does not come from the prescriptive speech, but from the descriptive speech. To come to this conclusion, this study has demonstrated that the market regulation did not constitute a legal category of the administrative law. This notion does not designate a specific object in administrative law, and leads back to a traditional role of the public authorities, without being performed by specific authorities or specific prerogatives. It does not set the implementation of a specific legal regime. The notion of market regulation is so “in the antechamber” of the positive law and there is little chance that it might constitute a notion of the administrative law. Nevertheless, it remains a notion of the administrative law doctrine, that is to say, a notion of the speech on the administrative law
Delooz, Benoît. „Le pouvoir territorial au Chili et en France : éléments d'analyse critique de la décentralisation en droit comparé“. Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10016/document.
Der volle Inhalt der QuelleThe two studied legal orders consider the decentralization of territorial administration and refer to entities or territorial administrative bodies endowed with powers exercised partly or wholly through a statutory power. One of the interests of this comparative work is to find, if possible, beyond similarities and differences, one or more principles comprehending situations that are different today, although very close in origin. The essay does not pretend so much to estimate the quality of territorial autonomy, but to refine the method to know it. The chosen problematic considers preferable to reveal how the general character of the conception of territorial administration of each of the jurisdictions studied, influence the autonomy of local authorities, instead of judging rashly the "quality" of this based on an approximation often quick and segmented. The comparison does not ask the similarity of the results, but the scenario. The result of the study leads to the following hypothesis: beyond or above the ocean and political regimes, the equality principle before the law originally marks the uniformity of the nation-state and remains the ultimate boundary of the territorial power: the limits cited against its extension, whatever they are (uniformity, unity, indivisibility, non-discrimination, etc.), ultimately translate to the contemporary period, in a renewed definition of the equality principle. In other words, in both States, considered the most unitarians in their respective continents, we have gone from a principle of equality as a prototypical element of the unitary state, characterized by territorial uniformity and regulation that determines the existence and boundaries of a regulatory territorial power, to a principle of equality embodied in elements of sovereignty (régaliens) authorizing the existence of various statutes of local authorities and the exercise of that power. The main contribution of the method lies, then, on the approach to study such autonomy, so that the method is applicable to any comparison between States (or the largest number of them). Wherever the problem is tackled, the following situation arises: the consideration of the elements of institutional order (Part 1 ), of the elements of functional order (Part 2 ) and the set in motion of the latter by the former, in a temporal and geographical framework (part 3 ) is inevitable. Since each part is made up of different " invariants ", it is possible to refine the knowledge of territorial autonomy, detailing these criteria more and better defined in turn. It is then a progressive method. More than a simple table listing, the construction of this framework was revealed necessary, and could not ignore an initial comparative presentation of the horizontal separation or division of power ( political regime- constitutional government -organization - and organization of judicial power) and the system of territorial administration ( decentralization and / or regionalization). Therefore, the influence of the most notorious and remarkable of decentralization " invariants " are studied: the notion of territorial collectivity; the absence of generic notion; the meaning of the notion of legals powers; the principle of free administration or its negation ; the modalities of transfer of material powers ; the recognition or not of a territorial regulatory power and amplitude ; the notion of general or assimilated power; the control of the regulatory acts of local authorities; protection (or guarantee) of territorial regulatory power . These elements as a whole are part of the three parts mentioned above