Dissertationen zum Thema „Qualification de loi de police“
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Zhao, Yi. „La loi de police en droit international privé français et chinois“. Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0001.
Der volle Inhalt der QuelleThe overriding mandatory provisions in Chinese private international law is imported and its legislative definition is incorporated by the European one. Although the French definition of overriding mandatory provisions and the Chinese definition are not textually identical, it seems to us that the notion of overriding mandatory provisions does not change depending on whether it is French law or Chinese law. However, having been provided for by Chinese positive law only since 2011, the overriding mandatory provisions mechanism is relatively young, not only with regard to this mechanism itself but also to its relations with other mechanisms of private international law having links with it, such as the international public policy exception. We will seek French experiences in this area and study the French and Chinese notion of overriding mandatory provisions, other mechanisms of private international law in connection with them and their illustrations in case law. Despite the criticisms, the immediate and mandatory application is always the most important character of the overriding mandatory provisions of the forum in the direct instance, but this is not the case for foreign overriding mandatory provisions or for the indirect instance. According to French and Chinese case law, the non-respect by the foreign judge or by an arbitral tribunal of the overriding mandatory provisions of the requested state does not automatically result in the refusal of recognition or enforcement. Regarding the foreign overriding mandatory provisions, the Chinese legislative text is silent, but this does not mean that their application or take into consideration is prohibited in Chinese law
Buruianã, Monica-Elena. „L'application de la loi étrangère en droit international privé“. Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0067/document.
Der volle Inhalt der QuelleThe national or the European private international law is taking into a particular accountthe foreign legal systems. The foreign law application is an expression of the attention given to the foreignlegal systems, but applying a law that belongs to a different legal system than the legal system of the forumcountry may provoke a defence reaction caused by the existing differences between the legal systemsinvolved. The foreign law application is therefore confronted to different obstacles that tend to ensure aprimary application of the lex fori. First, the techniques used by the legal system of the forum country toapply the foreign law are not entirely favourable to this kind of application, as evidenced by the recurrentintervention of the international public policy. Furthermore, there are elements that are exogenous to thelegal system of the forum country, such as different understandings of the same legal institution that canobstruct the foreign law application. There is thus a gap between the theory of the private internationalrules, which would appeal a frequent application of the foreign law, and the use that is made of them by theauthorities of the forum country, which often leads to the neutralization of the foreign law. This studydefends a better compliance to the theory of private international law, which would promote the applicationof the foreign law. In this perspective, the private international law of the European Union provides animportant source of « savoir-faire » as it promotes the application of a foreign law belonging to anotherMember States
Green, Sheila Mary. „Montaigne and la boetie: "Coustume," "loi," "justice" and "police"“. Diss., The University of Arizona, 1996. http://hdl.handle.net/10150/288723.
Der volle Inhalt der QuelleCatris, Stéphane. „Étude de contraintes et qualification de modèles à viscosité turbulente“. École nationale supérieure de l'aéronautique et de l'espace (Toulouse ; 1972-2007), 1999. http://www.theses.fr/1999ESAE0018.
Der volle Inhalt der QuelleGallardo, Eudoxie. „La qualification pénale des faits“. Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32032.
Der volle Inhalt der QuelleThe approach of the characterization of the facts in criminal law is generally treated as an intellectual operation ruled by the principle of legality and more particularly by the principle of the strict interpretation of criminal law. Such an approach hides the procedural dimension of the characterization of facts in criminal law which is, however, essential to the protection of individual freedoms. The union of these two aspects of the characterization leads to a static form: the characterization of facts. Situated between the incrimination and the offense, it proposes an intermediate status where the nature of the criminal facts will be represented intellectually taking into consideration the evolution of the criminal trial. More precisely, the characterization of facts is analyzed as a framed and applied representation of the nature of the criminal facts. Framed by the principles of legality and of the right to a fair trial, the criminal characterization of facts offers a legalist and fair image of the criminal nature of the facts. But the frame alone is not sufficient to elaborate the notion of characterization of facts. Its elaboration begins upstream when it is a sheer presumption in the mind of the qualifying authority. It is during the process of a repressive and symbolic application that the characterization of the facts materializes, thus becoming a judicial object. In a manner peculiar to criminal law, the characterization of the facts becomes a concept which suggests a way to apprehend the criminal nature of the facts
Debrenne-Dehay, Emmanuelle. „La loi d'orientation et de programmation relative à la sécurité du 21 janvier 1995 : une politique publique de sécurité?“ Paris 10, 2004. http://www.theses.fr/2004PA100194.
Der volle Inhalt der QuelleDoes the Bill dealing with security-related orientation and programms (S. R. O. P. Bill), passed on January 21st, 1995, define a global public security policy ? The purpose of the present thesis aims at answering that question. Starting from affirmative presuppositions, the author endeavours to demonstrate that the " important Pasqua Bill " did offer all the constituting elements to define a public policy, insofar as it aimed at reaching a political object : to wit, the fight against insecurity. It reaches that purpose while resorting to judicial means : reforming the National Police Forces. Finally, its recommended measures will be endorsed by the creation of the Proximity Police, under Jospin's Government. This reform of Security Forces actually provides the opportunity of a deeper transformation of the organisation of the French Civil Service, as it rests upon the concepts of proximity, and the co-production of security or partnership. Thus, the will to transform the Public Service of the Police, a regalian prerogative, partakes of the great reform of the State. Moreover, security has been introduced into our Law thanks to a genuine codification of security-related norms, which amounts to the creation of a new " security Law ". As for the right to security, formulated for the first time in the " S. R. O. P. Bill " and later on, consecrated within the Daily Security Bill, it is a mere reviviscence of the Right to Safety set forth within the Declaration of Human Rights. Despite the legislative consecration of security, the setting up of proximity security policies leads the State to free itself from its commitments. Beyond any political alternation, the global reflexion of the State - about what a Security Public Policy should consist in - is a failure, as demonstrated by the adoption, in Parliament, of too numerous Bills related to that specific topic. So, one can state that the ultimate reform of Home security actually finds itself in midstream
Gentili-Picard, Lucette de. „Les nouvelles dimensions communautaires et internationales de la loi pénale française“. Paris 2, 2001. http://www.theses.fr/2001PA020049.
Der volle Inhalt der QuelleHaid, Franck. „Les notions indéterminées dans la loi : essai sur l'indétermination des notions légales en droit civil et pénal“. Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32027.
Der volle Inhalt der QuelleToločka, Valentinas. „Policijos pareigūnų fizinio parengtumo ypatumai“. Bachelor's thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120620_102149-58000.
Der volle Inhalt der QuelleThe topic of the Bachelor's thesis is relevant because the good physical fitness level of police officers ensures the success in professional career and is the condition determining the quality of their work in solving key tasks, and performing direct functions. The training and assessment of musketry, physical acts of violence and general physical preparation of police officers regulated in the documents passed by the Seimas of the Republic of Lithuania, orders issued by the Police Commissioner General and heads of local police offices and the recommendations for specialists of the Lithuanian police schools. Exercise of shooting and physical acts of violence are regularly carried out according to these documents, and the general physical preparation, training of physical characteristics is the individual responsibility of officials.
Otiso, Wycliffe. „La loi, l'Etat, la société et la police locale au Kenya : étude de cas dans le comté de Kisii“. Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2022/document.
Der volle Inhalt der QuelleThe thesis entails the study of the changing nature of local forms of governance in Kisii County situated in south-western Kenya. The study entails situating the histories of local policing groups operating in Kisii County between 1990-2016, focusing on the nature, modes of operation and interaction with legal and political processes. It examines actors at the societal level, their everyday activities and their relationship with the state in seeking to explain local policing (community policing and vigilante) trajectories as influenced by legal and non-legal dynamics. It examines the place of law in determining the nature of non-state enforcement of law and order and the extent to which it has played a role in reforming policing practices from vigilantism to community policing in Kisii County. It also examines social and political factors, how they affect policing practices and outcomes with an objective of advancing alternatives for better representations of the function of law and for purposes of improving governance. These factors are contextualized within the broad changes in the macro governance structure catalyzed by constitutional reforms. The study undertakes such examination through the use of qualitative methods of inquiry primarily the use of interviews and also review of relevant primary and secondary sources including books, scholarly journals, legislation and law reports. The study reveals that generally there are gains on wider participation and inclusivity in local governance mechanisms compared to pre-existing policing strategies as practiced by police and vigilante which had minimal community involvement. The increased instrumentalization of law by the state has made little contribution to the gains associated with the development of nuanced forms of community policing. Rather the changes in policing are attributable to dynamic everyday uses of law and societal action by community members in joint local governance mechanisms hence increasing the potential for better state-society relations. The study concludes that notwithstanding a number of changes towards non-violent crime fighting, the transition has not been seamless as gains on state-society relations and improved societal adherence to law are compromised by episodes of use of force, asymmetries in the co-operation between the local government administration and the community, inadequate support for community policing and existing cultural constructs on governance. (gouvernance, local policing group, vigilante, community policing, Kissi Kenya)
Minois, Maud. „Recherche sur la qualification en droit international privé des obligations“. Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB132.
Der volle Inhalt der QuelleFor a long time, the lege fori characterisation has dominated the international scene. It has evolved from a strict conception, witness of a particularistic approach of private international law, towards a more flexible conception. Nowadays, authors accept the lege fori characterisation as an appropriate characterisation method. Faced with the law of obligations, the lege fori characterisation shows its weaknesses. It is suffering from an original defect which prompts interrogations on its merits. Even relaxed, the lege fori characterisation cannot be detached from the concepts of the lex fori. An international situation will therefore be resolved according to concepts dictated based on the needs of the law of the forum. Such inadequacies can be observed when studying hybrid cases. Hybrid cases hypotheses are extremely difficult to classify as they stand on the border between matters relating to tort/delict and matters relating to contracts. The present study will search for a characterisation model able to fulfil the international function of the rule to apply. A European understanding of characterisation exists beside the lege fori characterisation. It revolves around the elaboration of autonomous characterisations, in principle distinct from the lege fori characterisation. The European Court of Justice chose an autonomous characterisation for the notions of matter relating to contract and matter relating to tort/delict. Faced with the lege fori characterisation, the autonomous characterisation reveals its true nature. In some respects, it is a type of lege fori characterisation. From another perspective, it diverges from it and can be interpreted as a true international characterisation. Unlike the lege fori characterisation, the autonomous characterisation fulfils the international function of the private international law rule. Therefore, it is suitable to the needs of international affairs. Once the merits of the autonomous approach have been established, it is necessary to consider whether it can be generalized or not. Indeed, the adoption of a complete set of rules in European private international law relating to contractual and non-contractual obligations highlights a debate on the opportunity to adopt a unitary characterisation for the common notions of the Rome and Brussels Conventions and Regulations. The present study suggests to consider an autonomous and monistic model for characterisation but only to the extent international relations are involved
Ancel, Baudouin. „Lois de police et ordre public dans le droit des conflits (XIIe siècle-XXe siècle) : genèse et réception de l'article 3, alinéa 1er du Code civil“. Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020043.
Der volle Inhalt der QuelleThis research aims at shedding light on the historical background of the avatars of two mechanisms now integrated into the French system of private international law: lois de police (i.e. overriding mandatory rules) and (international) ordre public (i.e. public policy). Both share the common feature of opposing the normal interplay of choice-of-law rules and rely on Art. 3, para. 1 of the 1804 Civil Code. Preventing by pre-emption infringements of utilitas publica vel communis or reacting to them by eviction from the normally applicable law, these two types of norms have emerged from a common history beginning with the antecedents of prohibitive and territorial statutes identified by medieval romano-canonical commentators. Then members of the Dutch and French Schools adapted the two concepts to the prevailing hypothesis at the end of the Ancien Régime, that of conflicts of sovereignties. In 1804, lois de police and ordre public were collected in the French Civil Code. Thanks to the joint work of scholars and case law, on the one hand, and to a reaction to the hybrid notion of lois d’ordre public that emerged over the next century, on the other hand, the distinction between the two concepts was made possible at the turn of the 19th and 20th centuries. As conflict of sovereignties declined, leading to a loss of interest in public law, or even in criminal law, and as a more private-law-driven representation arose, without ignoring, however, growing state interventionism, the distinction has been confirmed between the two concepts: lois de police or d’application immédiate, promoting the utilitas communis, and exception d’ordre public, defending fundamental values
Ben, Hassine Faten. „Les pouvoirs du maire en matière de prévention de la délinquance : Police, prévention et répression de la délinquance, contrôle social et familial depuis la loi du 5 mars 2007 relative à la prévention de la délinquance“. Thesis, Evry-Val d'Essonne, 2014. http://www.theses.fr/2014EVRY0053/document.
Der volle Inhalt der QuelleFrance has been involved for the past ten years in a fight against crime policy. The new faces of crime requires a diverse response and intervention of several local actors: police, judges, local councilors, social workers, voluntary sector, Education. The law of 5 March 2007 on the prevention of delinquency has put the mayor in the heart of delinquency prevention device. Now, the mayor, by his police power, not only contributes to public security missions but also to that of crime prevention missions
Gavriloff, Julie. „Les méthodes du conflit de lois à l’épreuve du produit dérivé“. Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100047.
Der volle Inhalt der QuelleThe derivative is a hedging instrument or an instrument for speculation. The derivative is usually used in international tansactions, and several legislative orders are in competition to govern the contract. The rules for choising a national law are confronted with the parties’ freedom and with the financial markets’ imperatives. The markets’ stability and security are very important. Parties can chose the law applicable to the contract. But the derivative can also be contracted on multilateral system, parties are abble to take financial collateral arrangements, and others laws can be involved
Ramírez, Reyes Santiago. „L’affinement des mécanismes liés à l’ordre public dans le choix de la loi applicable aux contrats internationaux : regards franco-mexicain“. Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D088.
Der volle Inhalt der QuelleThe concepts of public policy and overriding mandatory rules are to be found within the vocabulary of the general theory of conflict of laws. It is legitimate to ask whether this statement of principle can be illustrated by a French-Mexican comparison. The relevance of such a comparison may seem doubtful, given France's participation in a more or less unifying process, due to its membership of the European Union; whereas Mexico, on the other hand, is organized around a "federal pact". However, the comparison remains relevant as we can observe that the relationship between the nation-state and private international law inexorably passes through the prism of sovereignty and that France and Mexico remain masters of their sovereignty at the international level. This analysis is made possible thanks to the existence of a common historical background and a common legal culture, contractual matters are specifically targeted due to their high level of sensitivity to the influence of public policy. However, private international law has evolved since the identification and construction of the broad categories of the public policy and overriding mandatory rules, which have led to a number of developments whose orientation will have to be verified. These specification elements as multiple as they are varied, such as fundamental rights, protection of the weaker party, constitutional review and proportionality, among others, renders this study an opportunity to highlight the evolving nature of mechanisms related to public policy in international private contract law
Luiz, Ronilson de Souza. „Ensino policial militar“. Pontifícia Universidade Católica de São Paulo, 2008. https://tede2.pucsp.br/handle/handle/10067.
Der volle Inhalt der QuelleCoordenação de Aperfeiçoamento de Pessoal de Nível Superior
The present thesis investigates in which way the professional qualification of the São Paulo State policemen can contribute for improvement in redering the service of public security. The core of the thesis borns in the necessity of abandoning, in what it will be necessary, the military paradigm and implanting a new paradigm on the basis of the following principles: formation and continued professional qualification, interdisciplinary, integration, comprehensive and capillarity, beyond the basic permanent modernization. In this direction, it was prioritized the attempt of to understand the lack of investment in the professional qualification. One inquered to analyze the relation between the visible practice of police and the process of teaching to be a policeman. The thesis was constructed in teh basis of the questioning of the professional qualification, analyzing the way as the policemen are formed. Over all from 1988, with the changes operated in the social and political plan, the contest is challenged for the society, which is to elaborate politics of public security and crime control that do not compromise the advances conquered after the redemocratização of the country. In the search of the construction of a security and citizening policy, it wascarried out interviews with three retired colonels who had directed police academies. The inquiry also was carried out on the basis of a document of the Ministry of Justice, called of National Curriculum Source, of 2004,. As theoretical subsidy, it was supported in researchers who express their envolvement with the proposal of a humanise formation, especially Paulo Freire and of Luiz Eduardo Soares. The institucional and bibliographical analysis, beyond the state of the art on policy, had corroborated for the confirmation the devaluation of the academic formation for the exercise of the police activity. While process, proposals for a professional formation continued are presented, and they are considered a prerequisite in the search of excellency in the redering the service of public security. We believe that all policeman naturally can exceed positively its paper, also acting as educator, in with refers to prevention. The work finishes disclosing a urgent necessity of if stimulating, investing and to value the professional qualification, searching less endogenous and humanize formation
A presente tese investiga de que forma a capacitação profissional de policiais militares do Estado de São Paulo pode contribuir para uma melhor prestação do serviço de segurança pública. O cerne da tese nasce da necessidade de se abandonar, no que for necessário, o paradigma militarista e implantar um novo paradigma com base nos seguintes princípios: formação e qualificação profissional continuada, interdisciplinaridade, integração, abrangência e capilaridade, além da fundamental atualização permanente. Nesta direção, priorizou-se a tentativa de se compreender o não-investimento na capacitação profissional. Buscou-se analisar a relação entre a prática policial visível e o processo de se ensinar a ser policial. A tese foi construída a partir do questionamento da qualificação profissional, analisando o modo como são formados os policiais. Com as mudanças operadas no plano político e social, sobretudo a partir de 1988, o desafio está posto para a sociedade, que é elaborar políticas de segurança pública e de controle da criminalidade que não comprometam os avanços conquistados depois da redemocratização do país. Na busca da construção de uma segurança e de uma polícia cidadã, realizou-se entrevistas com três coronéis reformados que outrora dirigiram escolas de formação de soldados. A investigação deu-se também com base em documento do Ministério da Justiça, de 2004, denominado de Matriz Curricular Nacional. Como subsídio teórico, apoiou-se em pesquisadores que expressam o seu envolvimento com a proposta de uma formação mais humanizadora, especialmente Paulo Freire e de Luiz Eduardo Soares. A análise institucional e bibliográfica, além do estado da arte sobre polícia, corroboraram para a constatação da não valoração da formação acadêmica para exercício da atividade policial. São apresentadas propostas para uma formação profissional continuada, enquanto processo, é considerada um pré-requisito para busca de excelência na prestação do serviço de segurança pública. Acreditamos que todo policial militar naturalmente pode exceder positivamente seu papel, atuando também como educador, no que se refere a prevenção. O trabalho finaliza revelando uma urgente necessidade de se incentivar, investir e valorizar a capacitação profissional, buscando uma formação menos endógena e mais humanizadora
Kalaani, Adrian. „La fusion de sociétés en droit interne et international : contribution à la notion de "contrat-organisation"“. Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020054.
Der volle Inhalt der QuelleThe merger is an operation whereby one or several companies transfer all their assets, after their dissolution without going into liquidation, to an existing or new company in exchange for the issue of shares to their shareholders. This definition adopted by European and French legislators brings out the merger’s main effects without revealing its legal nature. Both doctrine and jurisprudence have struggled to clear up the confusion. The concept of “contrat-organisation” seems to be the most suitable in order to seize properly the merger’s legal nature. The merger is a “contrat-organisation” that leads to join the merging companies’ assets and members in an existing or new company. Therefore, the operation cannot be reduced to a simple exchange of assets and values between parties. On the contrary, the gathering of the contracting companies in a single entity will establish a rule of cooperation between them in a way that they will make profits or loose jointly. The transposition of the same legal characterization in the private international law requires a distributive application of the lex contractus and the lex societatis to be able to choose the applicable law to the merger. Applying the merger’s own specific lex contractus will help address the insufficiencies of the classical conflict of laws’ method solely based on the division of laws applicable to the merging companies
Adel, Zaher Mina. „L'ordre public dans les relations privées internationales : l'exemple des contrats internationaux devant le juge étatique“. Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3057.
Der volle Inhalt der QuelleThe freedom of choice is a principle referring to the freedom of the parties concerning the choice of the law ruling the international contract. However, this principle is limited by public policy, which reduce the extent of this freedom. In order to improve the application of these rules with a minimum of predictability, it is important to study in detail the origin and nature of the rules of public policy. A comparative study with Egyptian private international law is needed to take advantage from all current mechanisms. The current conceptual debate highlights the role of international cooperation, in addition to purely State interests, which will tend to create a new transnational, or even supranational, public policy
Carlier, Peggy. „L'UTILISATION DE LA LEX FORI DANS LA RÉSOLUTION DES CONFLITS DE LOIS“. Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00287077.
Der volle Inhalt der QuellePrenant acte de ce constat, qu'il fonde sur des considérations sociologiques (ethnocentrisme) et pragmatiques (bonne administration de la justice), l'auteur entend réhabiliter la loi du for. Sans aller jusqu'à un legeforismo, dont la traduction pratique serait l'application systématique de la lex fori, un équilibre réaliste est proposé à partir d'un rapprochement des critères de rattachement et des chefs de compétence. Le vade-mecum de ce rapprochement offre alors les clés de la complémentarité qui doit exister entre la lex fori et la loi étrangère.
Zernikow, Marcel. „Les règles de conflit de lois confrontées au marché intérieur : étude en droit international privé européen du travail“. Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D045.
Der volle Inhalt der QuelleMobility of workers within the internal market of the European Union is growing constantly, whereas European integration in social matters remains incomplete. The absence of an exhaustively harmonised European Social Law is not only related to the minimum character of harmonisation but also to the lack of an overall competence in social matters. Due to diversity between labour legislations of the Member States, conflict of laws needs to be mobilized in order to guarantee effective freedom of movement. More precisely, Private International Law has the function of promoting the worker protection principle enshrined in free movement law. Our purpose is to analyse possible impacts of the law of the internal market on Conflict of Laws. The subject of the present study is on European Conflict of Laws. Inspired by national conflict of law mechanisms, European conflict of law rules should nowadays fit into the context of European Union Law and therefore adopt its principles. Among those, the worker protection principle – as part of the concept of the internal market – is of high interest. While discovering the content of this principle, we underline different manners in which it can influence conflict of law rules. Our starting point consists in admitting the competence of the European Union for Private International Law matters. While demonstrating failures of the actual European conflict of law rules regarding their adaptability to legislative diversity, we discover that Member States tend to make increasingly use of unilateral mechanisms: Imperativeness is intended to assure Member States’ regulatory interests by designating the law of the forum state. For the purpose of this demonstration, we suggest to analyse the example of posted workers, among others. Territoriality has been observed in Conflict of Laws. This is problematic from the perspective of integration of the internal market, i.e. in our context, the European labour market. Therefore, we suggest that conflict of law rules should be adapted to the requirements of European regulatory interests. Lessons can be drawn from the concept of the internal market which leads us to examine a protective conflict of law rule aiming at integrating the worker into the labour market
Larpvanichar, Ratchaneekorn. „Les contrats internationaux : étude comparative franco-thaïlandaise“. Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.
Der volle Inhalt der QuelleMoille, Celine. „L’influence du droit international privé sur le droit interne français“. Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Der volle Inhalt der QuelleFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed
Discours, Maxime. „L’arbitrage international à l’épreuve de l’expansionnisme du droit de l'Union européenne“. Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100037.
Der volle Inhalt der QuelleHow do the law of the European Union and international arbitral interact with each other? At first sight, one could think that their interaction is limited. Two main arguments can be brought forward to support that idea. Firstly, these two sets of laws proceed from antagonist rationale. On one ahnd the law of the European Union has an expasionist nature which serves its ultimate purpose that is the integration. Secondly, international arbitration aims at getting more independence from states’ laws. Furthermore, the European Union does not have any competence to control international arbitration. Considering these elements, any form of interaction between these two sets of laws seems doubtful. But, one must not forget the European Union’s propensity to increase its competences thanks to the spillover effect. A brief glimpse at the law of the European Union leads to the conclusion that international arbitration is influenced by the European Union. Therefore, the first purpose of this work will be to determine to what extent the law of the European Union can influence the arbitral practice and the means arbitrators have as a defence mechanism. Finally, some propositions will be drawn up in order to set up a smooth interaction between international arbitration and the law of the European Union
Gudefin, Julia. „Le statut juridique de l'eau à l'épreuve des exigences environnementales“. Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30068.
Der volle Inhalt der QuelleAlong a simple stroll or through fine observations, you will always find water, wherever you go. However, the asset this resource represents for anthropogenic activities often hides its environmental reality, the one of its cycle. This is reflected in the legal definition of water which conceives it as property. This latter qualification assigns it to a judicial status which reveals the utilitarian function of the resource. Yet, the emergence of the environmental issues confronts water’s legal status to its tangible reality. Thus, the conflict between the law and water’s environmental demands makes way for protective regulations. Along with the hydrologic cycle’s legal representation, they both influence the evolution of water’s status. Consequently, the latter goes beyond property law traditional legal categories and arms itself with a protective purpose. Its rules and concepts are tied to the ecological function of water and to the environmental reality of the hydrologic cycle which shape yet another judicial condition for the water
Boukaram, Sahar. „La protection des "parties faibles" dans le règlement "Rome I"“. Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1082.
Der volle Inhalt der QuelleThe “internal market" generates international contracts within and outside Europe. The proliferation of these contracts in fact requires an internal market established as an "area of freedom, security and justice". Regulation "Rome I", instrument of private international and European law, displays the purpose of ensuring the contractual freedom and legal security per elaborating general rules of conflict of laws. The will of the European legislator to ensure contractual justice within the internal market give rise thus, to special rules of conflict of laws that protect the contracting parties in a weak position face their co-contractor in dominant position. Regulation "Rome I" consecrates conflict of laws rules protecting the interests of certain contracting parties, that it considers that they are "weak parties"; they are the workers, the consumers, the passengers traveling to or from their country of residence, the policyholders of mass risks located on European territory, as well as distributors and franchisees. However, the success of the internal market requires achieving a balance between contractual justice, contractual freedom and legal security, even under protective special rules of conflict of laws. This balance can be achieved by correctives of proximity. The corrective of proximity inserted as part of the protective special rules of conflict of laws not only participates in the main function of the rule of law conflict, namely the designation of the competence of the legal system most closely related to the contract, but also to the establishment and operation of an internal market, area of freedom, security and justice
Zernikow, Marcel. „Les règles de conflit de lois confrontées au marché intérieur : étude en droit international privé européen du travail“. Electronic Thesis or Diss., Paris 1, 2019. http://www.theses.fr/2019PA01D045.
Der volle Inhalt der QuelleMobility of workers within the internal market of the European Union is growing constantly, whereas European integration in social matters remains incomplete. The absence of an exhaustively harmonised European Social Law is not only related to the minimum character of harmonisation but also to the lack of an overall competence in social matters. Due to diversity between labour legislations of the Member States, conflict of laws needs to be mobilized in order to guarantee effective freedom of movement. More precisely, Private International Law has the function of promoting the worker protection principle enshrined in free movement law. Our purpose is to analyse possible impacts of the law of the internal market on Conflict of Laws. The subject of the present study is on European Conflict of Laws. Inspired by national conflict of law mechanisms, European conflict of law rules should nowadays fit into the context of European Union Law and therefore adopt its principles. Among those, the worker protection principle – as part of the concept of the internal market – is of high interest. While discovering the content of this principle, we underline different manners in which it can influence conflict of law rules. Our starting point consists in admitting the competence of the European Union for Private International Law matters. While demonstrating failures of the actual European conflict of law rules regarding their adaptability to legislative diversity, we discover that Member States tend to make increasingly use of unilateral mechanisms: Imperativeness is intended to assure Member States’ regulatory interests by designating the law of the forum state. For the purpose of this demonstration, we suggest to analyse the example of posted workers, among others. Territoriality has been observed in Conflict of Laws. This is problematic from the perspective of integration of the internal market, i.e. in our context, the European labour market. Therefore, we suggest that conflict of law rules should be adapted to the requirements of European regulatory interests. Lessons can be drawn from the concept of the internal market which leads us to examine a protective conflict of law rule aiming at integrating the worker into the labour market
Larpvanichar, Ratchaneekorn. „Les contrats internationaux : étude comparative franco-thaïlandaise“. Electronic Thesis or Diss., Lille 2, 2012. http://www.theses.fr/2012LIL20002.
Der volle Inhalt der QuelleThe French system of Private International Law of Contract is highly developed, evidenced by a rich jurisprudence and doctrinal system. One of the leaders in the field, many of their legal concepts were widely accepted and adopted by other legal systems, first by European countries and then worldwide. However, because of their complementary and intertwined nature for each other, the French legal system cannot be studied apart from the European system. For this reason, this study covers not only an in depth examination of French Private International Law but also a general look at European Private International Law. The Thai system of Private International Law of Contracts, in comparison, is developing and needs significant legal reform, as soon as possible, in order to cooperate with other contracting States in ASEAN. Thus, this comparative study responds to the needs, and shows how to correctly apply the conflict of laws’ rules, including their exceptions, which could solve many problems occurring in the Thai legal system. Therefore questions on the applicable laws of contract and the settlement of disputes which derive from international contract law are objects of this study
Razé, Laetitia. „L'âge en droit social : étude en droit européen, français et allemand“. Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G025/document.
Der volle Inhalt der QuelleDealing with longer life expectancy and demographic deficit is currently a huge challenge for the social system of European member states. To face this challenge, it is necessary for legislators to develop a dedicated protection policy for the young people in a business relationship context and, at the same time, to redefine age limits policy especially in business relationship termination situation.. The presented study focuses on the factuality of the « age » concept. Based on cultural history, confirmed by the legislator analysis of the physiological aging, « age » criterion is closely linked to general principles in E.U. legislation like, for example, the human dignity and the equal treatment. However, the « age » criterion still remains ambivalent which is underlined by the non-discrimination principle. This ambiguity is emphasized in business relationships which leads to the influence of the « age » in an ending working life situation. This intergenerational pact support, which influence the proceed of the pension liquidation, is currently experiencing a revival beyond E.U. member state boundaries. A converging point is achieved in old-age treatment which leads to new solidarity development schemes inside companies (like for example the company occupational scheme). An important objective is to promote the pursuance of a professional activity in order to retire later (increasing in the statutory retirement age, increment or reduce of the retirement pension, restriction of derogations, proscription of business relationship breaches if they are based on age, …) and to redefine the connection between age and business relationships (combined work and retirement, phased retirement, …). By this way, legislators promote a human longevity based age treatment in Europe
張雅雯. „A study of gender ideology and job qualification for policewomen: A case study of the special police second headquarter, national police agency“. Thesis, 2009. http://ndltd.ncl.edu.tw/handle/57609092690098217150.
Der volle Inhalt der Quelle國立政治大學
行政管理碩士學程
97
Gender ideology is an issue that has received much concern from countries around the year lately, and they have, no matter if it is the formulation of various public policies or discussions of various issues concerning women’s rights, worked with effort to put in the concept of gender equality. For now, freedom from sexual discrimination has become the trend of modern society, and since police is a part of the entire community there is no way that they can be excluded from it. As such, the greatest impact we will be confronted at the stage should be of “policy of woman policy” as it has canceled the restriction for the recruitment of police manpower, and the proportion of police women will, for sure, increase annually, which will render diverse changes to various scenarios of police duty and business promotion as well as the work of order maintenance. For quite a long period of time, police duty has, actually, been operated under gender consciousness that it is of specialized male work. Therefore, within the trend of gender equality issues as if the gender consciousness of police women will affect the execution of policy, and increase of population that involve with the development of “police women” are most worthy for investigation. This study has employed in-depth interview, and 12 police women are interviewed so as to explore the development and recognition of gender consciousness of police women currently working in professional police authorities, current status in execution of police duty, and their view and suggestion regarding policy of police women. It is found with the study results as follows: 1. Economic consideration as primary cause for woman to work as police: It is mainly to obtain work security and economic consideration of family for consideration as women devote themselves into work. As for male friends and relatives who encourage woman to work as police, it is mostly because the work nature of police women is relatively less risky. 2. Value internalized, with surviving residue of traditional role-play: With the role-play stipulated socially and culturally for male and female, it has led to woman who involves in work of police women situated in relatively inferior context as woman would still have to shoulder the primary responsibility of the family, ending up with constraint upon work of police women. 3. Duty of police women – Gap between actuality and recognition: For recognition of duty arrangement for police women, most of them find it comfortable mainly to take duty as assigned. However, authority executives have, based on the concern for safety of police women, shown prominent gender consideration in actual planning or duty arrangement. 4. Duty for woman and children service – police women are confident with their duty: from the process of development in our police women, the aspects of their work has developed from protection of woman and children who have lost way in the past, to the administration of family abuse, sexual abuse, and safety protection of women, and significant results are observed. In comparison to male and female police who are, unanimously, assigned to work at the field for police duty, it will, still, take sometime for adjustment and adaptation. 5. Recruitment of policewomen should be appropriately set with proportion: With consideration of these various factors, this study finds that there is no need to increase the population of police women, and the recruitment of police women should be set down with certain proportion. At the end, this study has, based its research, discovered following findings, and would like to put forth several suggestions: 1. support woman to join police work, and increase their motive of achievement; 2. enhance respect for man, and surpass gender bondage; 3. establish specialized platform, and share duty-execution experience; 4. wisdom and experience of duty-execution have to be accumulated and passed on; 5. adjust duty planning, and strengthen mobility and support; 6. group model learning, and render transition period comprehensive; 7. focus on personality trait, and program for long-term vision; 8. gender ideology strategy, combination of theory and practice; 9. restrict quota for recruitment of police women, and conduct recruitment presentation in realistic terms.
Noel, Ophélie. „Les pratiques de la police de proximité dans le Canton de Vaud (Suisse) avant la Loi sur la Police Vaudoise du 1er Janvier 2012“. Thèse, 2013. http://hdl.handle.net/1866/10835.
Der volle Inhalt der QuelleIn Great Britain as well as in North America, police is a public institution which leads to a huge amount of academic papers. In France, police was known as a non-interesting topic until Monjardet’s work. In Switzerland, the federal structure of the country has taken its toll on the police organization. Through a quite rigid legal frame, each canton has organized its police. So, in Vaud we could find a cantonal police and several local police based on the proximity. Even if the proximity is legally well documented, there is no comprehensive research focusing on this philosophy. This lack of practical knowledge could become a problem especially because of a major reform has come into effect in January 1st 2012. In examining the practice, this police seems to be inspired by two incompatible policing theories: community oriented policing and intelligence led policing. This research will try to understand how these theoretical frames could be used in the daily practice. Our qualitative methodology implies 23 interviews with police officers in Vaud. A thematic analysis is made thanks to Atlas Ti. Three major results could be noticed. First, we have made a difference between the notion of proximity and community as well as considering the local particularities. Second, we have isolated how the information could circulate and how the police officers used the typical vocabulary of criminal analysis. Finally in Vaud, it appears that police has a central role which improves the partnership to solve people problems.
Faubert, Camille. „L'utilisation du pouvoir discrétionnaire des policiers dans le cadre de la Loi sur le système de justice pénale pour les adolescents (LSJPA)“. Thèse, 2014. http://hdl.handle.net/1866/11472.
Der volle Inhalt der QuelleSince April 3rd 2003, the Youth Criminal Justice Act (YCJA) provides police officers with new tools to divert canadian juvenile offenders. Specifically, police officers can officially impose extrajudicial measures to juvenile delinquents instead of handing them directly to the justice system. The current study seeks to determine which characteristics of the offenders and circumstances of the offences significantly impact the decisions of officers to divert cases instead of sending them to the formal justice system. The results are based on three samples of juvenile offence participations recorded by a Canadian police force between 2003 and 2010: the first composed of violent offences (n= 3,482), the second, of proprety offences (n= 8,230) and the third, of other offences (n= 1,974). Multilevel logistic regression analyses were conducted to determine which factors - for example, gender, age, and criminal record of the offender as well as location in time and space of the offence - have a significant impact on police decision-making for each category of offence. Although some factors have similar significant impacts regardless of offence type, others have a differential influence depending on the type of crime that was committed.
Mailloux, Véronique. „Les décisions rendues par les arbitres de griefs dans les cas de sanctions visant des policiers ayant eu des démêlés judiciaires“. Thèse, 2014. http://hdl.handle.net/1866/11032.
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