Dissertations / Theses on the topic 'Actions en dommage'
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Castro, Nino Natalia. "Du dommage aux lésions collectives : recherches sur des concepts adaptés aux enjeux contemporains de la responsabilité internationale." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D057.
Full textThe emergence of international responsibility as an autonomous field of study in International Law has compelled the international legal doctrine to devote considerable attention to damage and injury. However, during the last decades, scholars have progressively abandoned the cross-sectional analysis of these concepts in order to further focus on specific injuries and damages suffered by States or individuals. This rift has thus Ieft a blind spot in the analysis of international practice: the study of injury and damage whose victim is neither a public nor a private person, but rather a "collective entity" integrated by either, or both, public and private actors; an entity which cannot be simply reduced to the addition of its components. To take into account the injury and the damage -suffered by entities such as the family, peoples, humanity or the international community - is indeed one of the main challenges that faces international responsibility in the near future. In order to suggest a new category which allows for an overall analysis of such injuries and damages, it is necessary to clarify the conceptual framework of both, injury and damage, within the framework of international responsibility. This clarification leads to the conclusion that, in addition to damage, international responsibility also takes into consideration a purely legal injury which is inherent to the internationally wrongful act. Damage and legal injury can be qualified as "collective whenever they infringe collective rights, interests or goods. Specific effects result from this kind of injuries and damages in particular with regard to the invocation as well as to the legal consequences which arises from international responsibility
Laurès, Bertrand. "Les actions en dommages et intérêts pour les infractions au droit de la concurrence." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100161.
Full textCompetition law is mainly governed by European Union law. Public enforcement ensures fulfilment of EU law. Until recently, and despite recognition in case-law, EU law did not provide for a legal regime enabling victims of anti-competitive practices to obtain compensation of their damage. National law did not have a specific legal regime and victims of anti-competitive practices could apply the common civil liability regime on the basis of ex-Article 1382 of the Civil Code. Given the complexity of litigation, this situation lead to great difficulties for victims to obtain compensation for their damages. EU directive n°2014/104 creates a new legal regime and harmonizes the private enforcement. It has been transposed into French law under ordonnance n°2017-303. This much-awaited reform is subdued. Certainly, there are significant progresses. The directive facilitates the proof of fault, and organizes the communication and production of documents during the proceedings. It establishes a presumption of loss and provides a framework to assess the harm. On the other hand, the reform is rather timid on other elements, such as the fault, its attribution, or the financing of the actions. The purpose of this study is to analyze these new rules to ascertain whether it effectively facilitates actions for damages for infringements of competition law
Mouton, Jeanne. "Trois essais en économie du droit." Electronic Thesis or Diss., Université Côte d'Azur, 2024. http://www.theses.fr/2024COAZ0012.
Full textThis dissertation consists of three essays that fall under the broad banner of competition law and economics. Each essay answers a research question under different angles of economics of litigation studying unilateral conducts from a dominant player causing competitive damage. The three chapters deal with the compensation, prevention and remediation of that damage and combines methods from data analysis, econometrics, and game theory. The first essay studies the determinants of a successful private enforcement action following abuse of dominance position. The second essay studies anti-steering clauses in digital markets under the framework of a digital sector specific regulation. The third essay starts from a commitment decision from the EU Commission imposing remedies on a digital platform to study the effectiveness and auditability of remedies imposed on a ranking algorithm. Overall, this dissertation aims to demonstrate the benefits as well as the hurdles of private enforcement, the Digital Markets Act, and imposing remedies in complementing the traditional competition law public enforcement of unilateral conducts, specifically in digital markets
Fos, Elodie. "Les catastrophes sanitaires sérielles et la recherche judiciaire des responsabilités." Thesis, Mulhouse, 2017. http://www.theses.fr/2017MULH6271.
Full textSerial sanitary disasters now punctuate the history of damages. In facing such risks, progress made in recent years has focused on prevention and upstream processing through the implementation of a strong legislative arsenal with preventive purposes. Yet, this legislative arsenal based on "avoidance" cannot be effective without a corresponding "sanctioning" mechanism. However, our classic liability law is ill equipped in terms of searching for the truth, the causes of such events and effectively engage responsibilities. This sense of impunity comes from the inadequacy between the classic liability law and the particularities of serial sanitary disasters. The progress in adapting our liability law to this type of events is already remarkable. Nonetheless, the construction of an actual law for natural disasters remains an open question.The subject of this study is precisely to study the specificities of sanitary disasters, particularly serial ones, in order to see how our liability law adapts to it. The purpose here is to propose possible solutions to further develop, complete or even reform our liability law to align judicial accountability research with the specificities of serial sanitary disasters and thus make it more efficient and effective.The specificities of serial sanitary disasters firstly have an impact on substantive law that governs civil, administrative and criminal liability (Part I). Furthermore, the difficulties posed by serial sanitary disasters also impact procedural law and the judicial system. Indeed, we must not forget that procedural rules condition the effectiveness of the liability law rules (Part II).But before getting into the substance of the analysis, it will be necessary to agree on the notion of serial sanitary disaster. In fact, it is necessary to conceptualize a notion that can become the crucible of a legal model
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Full textPas de résumé en anglais
Bouteloup, Claire. "Agir pour la reconnaissance du dommage écologique des marées noires : attachements, stratégies et justification. Cas de l'Amoco Cadiz et de l'Erika." Thesis, Paris, AgroParisTech, 2015. http://www.theses.fr/2015AGPT0062/document.
Full textOver the last forty years, an oil tanker has sunk off the Brittany coast of France every five years on average. Each time, the ecological damage from the oil slick has mobilised huge numbers of people to volunteer and demonstrate, and generated public controversy and criticism of regulatory procedures. Although oil spills provoke evident impacts, neither the International Oil Pollution Compensation Funds (IOPC Funds) nor French Law recognise environmental detriment as a motif for financial compensation by the operators. The damages and pollution are taken into account firstly as economic and material losses, and secondly in terms of damage to biodiversity requiring habitat restoration actions. Critics highlight the feeble deterrent and the lack of incentive for maritime oil transporters to reduce risks: in relation to their profits the costs of an oil slick to them is regarded as derisory. These critics also call for recognition of ecological damages by the law. This would allow environmental pollution to incur economic and juridical responsibilities, and for environmental harm to require compensation.This research project looks at change processes leading to the recognition of ecological damage from oil slicks. We do not add to the existing substantial debate over the efficiency or interest of integrating environmental concerns into conduct rules and the legal system, nor evaluate different methods for doing do. Instead we study the realities of ecological damage, and analyse actions for change implemented by different actors to provoke their recognition. This analysis is based on two case studies: the oil slicks from the Amoco Cadiz (1978) and the Erika (1999).We explore an alternative and wider approach to understanding the harm caused by an oil slick, by considering that it damages multiple relationships between man and the environment. Using the concept of pragmatic sociology (Thévenot, “L’action au pluriel”, 2006) we reveal the multiple realities of ecological damage in terms of the relations between humans and nonhumans. These relations cannot be described in purely commercial nor ecological terms. Using a strategic analysis of environmental management (Mermet et al., 2005), we study how actors elaborate an action for change and how the action represents environmental damage. We look particularly at how the challenge of the action leads to certain choices when qualifying the damage to the courts.Thus, the study proposes new information on ecological damage, allowing the definition to be renewed (theoretical interest). By examining ecological damage in terms of harm to human – nonhuman relations, it provides an interesting support for new forms of justification in the public arena, and promotes legal recognition of ecological damage (operational interest). Finally, the study brings together, and shows to be complementary, two conceptual frameworks hereto unarticulated in human sciences. The study reveals the multiple individual and collective realities of environmental dynamics, and thus allows a richer understanding of the implementation of an action for change than a standard analysis of collective action (Cefai, 2007)
Falla, Elodie. "Les dommages de masse: Propositions pour renforcer l'efficacité de l'action en réparation collective." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/239308.
Full textDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Belinguier-Raiz, Sarah. "La réparation des dommages causés par le dirigeant en droit des sociétés : étude comparative droit français-droit italien." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1013.
Full textWagner-Lapierre, Claudie-Émilie. "Justice endormie? : la prescription des actions en indemnisation des victimes d'agression sexuelle." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/29634.
Full textLehaire, Benjamin. "L'action privée en droit des pratiques anticoncurrentielles : pour un recours effectif des entreprises et des consommateurs en droits français et canadien." Thesis, Université Laval, 2014. http://www.theses.fr/2014LAROD002/document.
Full textRegulation of competition is dualistic in France and Canada. On one side, public authority frame the market and impose sanction, if appropriate, to the practices contrary to existing legislation, and, on other side, the victims injured by antitrust practices, that is consumers and company, may bring a private procecussion based on the liability to obtain a compensation for the antitrust injury. They are respectively of public action and private action, also referred to as public enforcement and private enforcement of competition law. However, in the European Union, and particularly in France, the antitrust harm has no effective remedy. Indeed, in France, consumers had not, until the adoption of the collective redress, procedural means to access the judge of compensation. In addition, the French civil law proves too rigid to allow compensation for something as complex as the competitive harm. For its thinking about it, the French legislator has often turned to the Canadian and Quebec models to reform its bicentenary civil law. Indeed, the Quebec civil law is particularly flexible in disputes related to competition law. In addition, the Canadian Competition Act provides a right to compensation adapted to the constraints of the victims of anticompetitive practices. The author has sought to understand how the Canadian private enforcement mechanism works to assess whether this model, through the Quebec civil law, could inspire a reform of French civil law model adopted by the legislature in particular during the introduction of collective redress. The analysis is primarily civil law to allow a reading of private action that departs from conventional stereotypes of the American experience in this field. The ultimate goal of this comparison is to make effective use of the private businesses and consumers in French and Canadian rights following an injury resulting from a violation of anti-competitive practices
Kamel, Boumédiène. "La responsabilite professionnelle pour les dommages causes par les produits industriels. Techniques legales et jurisprudentielles de mise en oeuvre de la responsabilite." Rennes 1, 1986. http://www.theses.fr/1986REN11030.
Full textSalem, Géraldine. "Contribution à l'étude de la responsabilité médicale pour faute en droits français et américain." Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080006/document.
Full textGeneral principles governing medical malpractice are highly similar in French and American law, despite different legal bases. Civil law and common law tend then, to converge concerning medical liability rules for negligence. In both laws, however, the medical relationship is undermined. In France, the deterioration of trust between doctor and patient can be seen as an Americanization of the law of medical malpractice. This deterioration is particularly expressed as a strong legalization of medical activity, the practice of a defensive medicine and the crisis of medical liability insurance. The patient became more than a care consumer. He always wants a medical result, that the failure leads him to consider himself as a victim. But should we really fear this influence came from overseas ? Indeed, we believe that the adoption of certain principles of the common law could create a new balance in the relationship between patient and doctor. Thus, class actions, punitive damages, mitigation or alternative dispute resolution could strengthen this relationship
Alamri, Thanwa. "Le droit de la concurrence et les pratiques monopolistiques : étude comparative des droits saoudien, français et européen." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D020.
Full textSaudi Arabia's recent adhesion to the World Trade Organization (WTO) has created a pressing necessity to develop and conform its judiciary system to the high liberalism of global commerce. Including the adoption of a law favoring the protection of market competition and the prevention of monopolizing practices, in the context of the Saudi Competition Act N° (M/24) of 11111 of February 2014. This law seeks to enforce two important regulations. The first is to maintain the competitive practices and behavior of businesses actively participating in the market by disallowing anti-competitive agreements, as well as the abuse of power that certain dominant companies in the market may be guilty of by not employing competitive practices. The second regulation is the preservation of the structure of the industry market by managing and thereby limiting company policies seeking to concentrate operations, as it is natural that companies seek to manage their market development and as such limit the effects of anti-competitive concentration policies to ensure freedom of competition. While studying these practices in the Saudi Competition Act, insufficiency and negligence has been determined on multiple items mentioned and described in the French and European competition laws, as such the researcher judges it necessary to fill the gaps of these lacking areas in the Saudi legislation. This study also comprises three types of judiciary action in competition law
Zambrano, Guillaume. "L'inefficacité de l'action civile en réparation des infractions au droit de la concurrence : étude du contentieux français devant le Tribunal de Commerce de Paris (2000-2012)." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10057/document.
Full textThe Green Paper and the White Paper on damages actions for breach of EU competition law found private antitrust enforcement in a state of “total underdevelopment” and proposed reforms to adress the identified obstacles. Empirical study of french case law does not support entirely these findings, because it’s important to distinguish between actions brought against competitors, and actions brought by consumers. Exclusionary practices litigated between competitors show reasonable success compared to similar cases. The reforms proposed by the European Commission concerning access to documents and quantification of damages would not bring any significant improvement to french law. However, damages actions in compensation of overcharges brought by direct and indirect purchasers seem doomed to failure, in the absence of a collective action and distribution mechanism. Debate is storming at EU and national level, but the considered options appear unconvincing. It is proposed a public mechanism for collective redress. Within their existing powers, competition authorities should review the fine policy to achieve collective compensation as private penalty. Substantial amount of fines should be inflicted when infringers cannot show they have taken active steps to provide compensation to consumers. In that case, a partial amount of the total fine should be dedicated to compensate consumer, directly or indirectly, in pecuniary or non-pecuniary form. Competition authorities should have the power to order infringers to create trust funds for that purpose
Sintez, Cyril. "La sanction préventive en droit de la responsabilité civile : contribution à la théorie de l'interprétation et de la mise en effet des normes." Thèse, Orléans, 2009. http://hdl.handle.net/1866/3748.
Full textThe discovery of Preventive Sanction in the Law of civil responsibility is made possible by studying, for the first time, the various aspects of prevention (deterrence, cessation, precaution). To prevent harm at different stages of realization, case law makes a broad use of Preventive Sanction: before harm is done (precautionary and preventive measures), while it is done (stop and cease order), after it is done (temporary damages) and after is has been legally recognized (punitive damages). Crafting a notion of Preventive Sanction becomes then central to the understanding of contemporary legal developments. Preventive Sanction defined as the legal effects arising from the construction of a norm which might be broken, show that early action brought by a plaintiff can be successful. The transformation of traditional requirements for responsibility by these developments can be explained by reframing civil responsibility from its effects. This perspective allows for the preventive goal of judicial effectuation to be brought to light by the existence of Preventive Sanction. In practice, effectuation is performed by the judge and takes place between the construction and implementation of legal norms. The moment of effectuation occurs when the judge selects the legal effects destined to resolve a dispute. However, the judge is not entirely free when choosing a sanction. Preventive sanction originates from a need of security. Through early introduction of legal action, effectivity sought by plaintiffs impacts judicial effectuation of legal norms. The practice of law, within a renewed theory of judicial action, is better accounted for by reframing “preventive expression” of the Law of civil responsibility as “legal sanction” arising from the judicial effectuation of legal norms.
Thèse réalisée en cotutelle avec la faculté de droit de l'Université d'Orléans en France.
Gueye, Doro. "Le préjudice écologique pur." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10061/document.
Full textEnvironmental damage has always been taken into account from the perspective of anthropocentric damage, that is, damage that affects humans and goods. Today, driven by the ecological ethics defended by the advocates for an ecocentric design for Man's responsibility to environmental goods, most of the doctrine considers environmental damage as purely ecological damage. This concept of purely ecological damage can be defined as the wrongful consequence of damage to a common environmental heritage, a certain threshold of severity and deriving from an act attributable to man. The specificity of the nature of purely ecological damage means that its recognition and compensation are understood with difficulty in environmental responsibility law. Compensation for purely ecological damage is taken into account, at the European level, by the directive of 21 April 2004, which set up an innovative mechanism for environmental responsibility, transposed into France by the law of 01 August 2008, creating an administrative policy for the prevention of, and compensation for, damage to the environment. However, a judge sensitive to ecological damage always tries to compensate for the purely ecological damage on the common law principle of civil responsibility, the rules of which are ill-adapted to the specificity of this type of damage. Taking the environment into account as humanity's common heritage, the input of subjective and fundamental law on the environment, adapting the civil responsibility regime through implementation of a group environmental action and establishing punitive damage compensation all make it possible to go beyond the requirements of certain, direct and personal damages, and to better repair purely ecological damage through common law in civil responsibility
Laseraz, Julie. "La spécificité de la victime en droit de la santé : la recherche d'un statut juridique." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0285.
Full textEvolutions of the society testify a growing awareness of the concept of victims by the law, and especially in Health Law. Health Law is a branch of law which is particularly rich and complex, and whose expansion results both from the judicialization of the health professions and from the succession of health scandals. The transversality of Health Law and its obvious apprehension of the victim lead to highlight the existence of a special relationship between these two concepts. However, the question is whether the scattered character of the Health Law rules assigns a coherent legal status to the victim in this area. If the search for the legal status of the victim can be undertaken, this can be justified by the specific nature of Health Law. The present study tries to demonstrate the existence of the singularity of the victim in the Health Law, while legitimating at the same time the search for the legal status. The foundation of the victim’s specificity lies in the attribution of this quality independently from the realization of a risk. The occurrence of an event constitutes therefore a temporal criterion on which depends the quality of “proved victim” or that of “potential victim”. The tangibility of the victims’ legal status in Health Law arises from the recognition of the singularity through the present dichotomy
Afouba, Tanga Arlette Christine. "Essai sur une théorie générale des catastrophes aériennes en Afrique centrale." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D073.
Full textThe problem of air disasters in Central Africa can be apprehended under a systematic approach that questions the efficiency and effectiveness of the applicable law. Indeed, governed by principles and rules, the law applicable to the legal treatment of air disasters raises a profound questioning of all the legal rules put in place to remedy the great air insecurity denounced by international organizations. Thus, in the search for sources of applicable law, it has been established that the scheduling of formal sources presents a complex architecture. In practical terms, the law applicable to the legal treatment of air disasters in Central Africa is marked by legal pluralism. The first consequence is the competing and / or complementary competence of three Community rules to govern the same facts, even though they come from distinct legal orders. Similarly, international law is not left out, however, without setting aside the divergent level of Central African countries in the ratification of conventions of international air law. Thus, insofar as the domestic legal system is alone, it cannot intervene to order the arrangement of the conventional law. Moreover, it emerged that the multiple formal sources fell under common law. Indeed, the material sources of the legal treatment of air disasters in Central Africa are sometimes those of the civil aviation accident investigation, sometimes simply those of criminal law and general civil law. This detachment of facts, characteristic of air disasters, is manifest in the applicable substantive law which ignores the singularity of the air disaster to be a collective accident. This situation which extends to the implementation of the legal treatment of air disasters is marked by a classic, both the ownership of the action in court and the jurisdiction of the jurisdiction. It calls to deal with this type of litigation, which are sui generis litigation. If this diet at any point confirms the general and abstract rule of law character, it should be not to forget that the right is a technical legal solution that needs to provide a concrete and satisfactory to a fact of society especially when response it endures
Abou, assi Sabbagh Nathalie. "La réparation en droit pénal - Etude comparative." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3047.
Full textThe concept of reparation is becoming more common in criminal law. In fact, reparation is evolving, independently of the civil aspect of the notion, at the heart of alternative measures, commonly known as a “third way”, and in the essence of some sentences. This brings us to questioning the place of the notion of reparation in criminal law: is reparation an alternative to criminal justice or a component of criminal justice? The comparative study of French law, English law and Lebanese law will shed the light on some interesting aspects of the question. It will open the possibility to analyze the different approaches in terms of reparation and to enrich the study of the reparation’s position in criminal law. In a first part, the study of the reparation’s expressions in criminal law will reveal the concept of reparation as a new response to offences. In a second part, the idea of considering reparation as a component of criminal justice will reveal the notion’s special characteristics that make reparation an autonomous concept that needs to be defined. Nowadays, reparation in criminal law redefines the outlines of criminal justice
Moncuit, Godefroy de. "Faute lucrative et droit de la concurrence." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV072.
Full textThis study explores the reasons why economic agents are likely to break the rules of competition law. This paper demonstrates that main reasons are related to a cost-benefit calculation, also known as the concept of “lucrative infringement”. Our results are conflicting with the findings of behavioural economics, which reject the theory of cost-benefit calculations incentives and argues that economic agents are subject to “cognitive biases”. However, the theory of the rational agent, despite its limitations, remains the most relevant for assessing the competition law ability to deter anticompetitive practices because it compares the rule of law to a "price" that weighs on the choice to break the law. The influence of legal rules as a set of incentive or deterrent norms that influences agents' behaviour on the market is less considered by behavioural economics that focuses more on agents' cognitive biases.Economic agents are rational and look for a “lucrative infringement”. They speculate on the multiple loopholes of competition law, which weakens the legal risk of the infringement. In this regard, two fundamental limits affect deterrence: on the one hand, the low probability of getting caught which generates “lucrative faults,” and on the other hand, the retention of all unlawful gains derived from the infringement.These limits concern both the application of public and private enforcement. First, the dissuasive function of "private enforcement" is limited by the absence of confiscatory damages. Similarly, the restrictive standard of proof to admit a collective class action hinders its dissuasive nature. When it comes to enforcement, the development of algorithmic cartels and the specificity of digital markets reduce competition authorities’ ability to detect illegal practices. Even when they manage to detect such practices, the sanction applied to the economic agent seems under-dissuasive. As our empirical study shows, fines and/or compensatory damages imposed are often lower than the benefit derived from the infringement.In addition, deterrence is weakened by the absence of criminal punishments for business leaders who have coordinated anticompetitive practices. This study demonstrates that they also make calculations about the benefit they may derive from violating the law. Our study develops a “legitimacy test of imprisonment” to provide an answer to the question of when imprisonment is a legitimate penalty.This study builds a step-by-step deterrent legal regime to daunt anticompetitive practices. Deterrence requires a twofold analysis on the application of competition law and the adequacy of sanctions to deter anticompetitive conducts. It is necessary not only to make competition law effective, i.e. that no infringer can escape with the costs of its violation, but also – to achieve an adequate level of deterrence – that fines and/or compensatory damages exceed any potential gains that may be expected from the infringement
Pouillaude, Hugo-Bernard. "Le lien de causalité dans le droit de la responsabilité administrative." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020054/document.
Full textCausal relationship is a central term in the law of administrative responsibility. Between fault and prejudice, the examination of causal relationship is an essential element of justice and constitutes an unavoidable intellectual requirement. It allows the judge to give an order which is both rational and just to facts. Reputed to be impenetrable, suspected of arbitrariness, driven into alleged decline by the development of the logic of insurance, causal relationship has never formed the object of a full-fledged study in public law. The analysis of the notion of causal relationship allows us to correct the image above. It first reveals that we have to distinguish the metaphysical problem of causality from the pragmatic question of causal explanation. The nature of the problem posed by these two questions is different. The question that is put to the judge is modest : give a rational explanation to facts without looking for the truth. It secondly allows to observe that the causal relationship, if it does not come close to being an objective observation of facts, does not bear the imprint of a specific subjectivity with regard to other indeterminate notions in law. The study of the practice of causal relationship bears witness to this. The administrative judge has an ordered approach of the causal relationship founded on a balance between attachment to the materiality of facts and the finality of causal explanation. In the identification of a cause, in the prioritization of multiple causes or in fixing damages, administrative jurisprudence is characterized by this freedom, which is in conformity with the Blanco ruling, in the determination of a jurisprudential policy that causal relationship sometimes renders possible, but which it only follows most often
Sagoua, Woeheoudama. "Etude synergique du couplage du Système Lactoperoxydase avec d’autres molécules naturelles actives ayant des propriétés antifongiques pour l’amélioration de la conservation en frais des bananes." Thesis, Avignon, 2009. http://www.theses.fr/2009AVIG0623/document.
Full textPostharvest diseases are a major concern for several plant products, leading to considerable postharvest losses. Colletotrichum musae is responsible for anthracnose and is also involved in crown rot, the two main postharvest diseases of bananas. The use of natural anti-microbial agents such as the lactoperoxidase system (LPS) represents an interesting alternative to the use of fungicides for the control of postharvest diseases of bananas. This study consisted on optimization of the LPS by adding iodide or substituting the thiocyanate by iodide. Moreover, other substances like lactoferrin, Bioxeda® and Neem oil were analyzed for their antifungal effect. The last two compounds gave an inhibition higher than 90% and 40% respectively. No effect of lactoferrin was observed
Chebel, Amel. "Influence de la stimulation et de la sénescence réplicative des lymphocytes T sur le métabolisme des télomères." Thesis, Lyon 1, 2010. http://www.theses.fr/2010LYO10008.
Full textLymphocytes are an example of somatic cells capable to induce telomerase activity when stimulated. We showed that lymphocytes, during long-term culture and repeated PHA stimulations, present a progressive drop in telomerase activity interrupted at each stimulation by a transitory increase. These variations are positively correlated with hTERT and telomere length variations. γ-H2AX and 53BP1 foci and their localization on telomeres increase with cell aging. We show a telomere dysfunction during in vitro lymphocyte senescence resulting from an excessive telomere shortening and a decrease in shelterin content. The mechanism involved in early variations of hTERT expression during lymphocyte activation remained to be understood. Consequences of lymphocyte treatment with different immunosuppressors, all acting directly or indirectly on NFAT activation, suggested a role for NFAT in the regulation of hTERT transcription. Five putative responsive elements for NFAT were identified in the hTERT promoter. We showed that NFAT activates in vitro the hTERT promoter mainly via a consensus site localized in the promoter core at position -40 and a functional synergy between NFAT and SP1. Furthermore, NFAT1 binds directly to the endogenous hTERT promoter via this consensus site in vivo. Thus, NFAT positively regulates the hTERT transcription and we propose its implication in telomerase activation during lymphocyte stimulation
Rabut, Gaëlle. "Le préjudice en droit pénal." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0173/document.
Full textThe notion of prejudice habitually falls within the boundaries of civil law. As a traditionaland inescapable feature of this discipline, prejudice is today sparking off heated debates amongspecialists. Confronted with this new trend, criminal law experts can rightfully wonder about the placeof prejudice in criminal law. If the concept is little used in this law area, it is nonetheless not totallyunknown. However, the study of prejudice in criminal law will have to prove the irrelevance of thisnotion in that regard. This difference between civil and criminal law can be accounted for by thedistinct purposes of these two areas of the law. Whereas civil law aims at seeking redress for harminflicted on individuals, criminal law is guided by the imperative need to protect general interestthrough the maintenance of law and order.Thus, prejudice does not fall within the scope of the criminal offence theory. It is neither taken intoaccount in the process of defining offences by the lawmaker nor in the classification of the offence bythe trial court. Prejudice is not a constituent part of the infringement and thus is not tantamount to itsoutcome. Furthermore, the notion of prejudice plays a limited role in the theory of criminal lawprocedure. If prejudice appears as a condition governing the admissibility of a civil action brought incourt it is because it is perceived as a legal action for damages, for the sole purpose of monetarycompensation. On the other hand, prejudice is not a condition for criminal proceedings with thepurpose of punishing the offence
Martinelle, Mathieu. "L’action civile de l’associé en droit pénal des sociétés." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0236.
Full textWhite-collar victims are usually left on the sidelines, both by the public opinion and the law. While economic and financial offences, without mentioning those related to stock market, are conscience-shocking, the victims of those offences are not of much concern. Yet, one of them is worth paying attention to, i.e. the partner. Being a partner, which is the case for one-in-three French people, may involve a side-effect, that is being victim of his or her own commitment. As a major actor of both business and social life, the partner may be harmed by a business crime. When victim, the partner may bring the civil proceedings, which are actions for compensation belonging to those directly harmed by the criminal offence. Nonetheless, this action is restricted to the partner bearer of the protected legal interest. As for the right of action, the validity of damage claims is limited by conditions interpreted in the light of peculiar theories. The partner, victim of business crimes, is thus lost in a heavy mist, from which he or she must be shown the way out by proposing legal changes addressing the real situation of the up-to-now forgotten victim
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
Full textWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
Montpetit, Manon. "L'absorption des recours pour atteinte illicite prévus à la Charte des droits et libertés de la personne par le régime de responsabilité civile de droit commun." Thèse, 2013. http://hdl.handle.net/1866/10568.
Full textIn a sequence of judgments rendered since 1996, the Supreme Court of Canada assimilates liability action for "unlawful interference" under Article 49 of the Charter of Human Rights and Freedoms to civil liability action under the general law. The Supreme Court said on this occasion that for there to be unlawful infringement, violation of the right has to be qualified as faulty. This qualification may be demonstrated if a person’s conduct violates "a standard of conduct considered reasonable in the circumstances under the general law" or if the person violates "in the case of certain protected rights, a standard set out in the Charter itself". In the first case, the notion of fault, as understood by the Supreme Court of Canada, absorbs the notion of "unlawful interference", while in the second case it dissolves in "unlawful interference" (which makes an objective fault in abstracto). However, in the second case, the Supreme Court of Canada’s decision in St. Lawrence Cement, rendered in 2008, said that the fault is an obligation of means, which is assessed according to the criteria of prudent and diligent person. Thus, it is not obligation of result. It would be now difficult to reconcile this characterization of the fault with the policy adopted by the Supreme Court's in the matter of the Charter. Since the text of the Charter itself contains the substantive and formal conditions under which it is possible to determine the existence of an "unlawful interference", it would be desirable that the method of convergence of actions between the Code and the Charter should be abandoned in favor of the recognition of the material autonomy of the Charter to ensure consistency of law, which would also mean not to distort the concept of fault. Moreover, while the Supreme Court established unlawful interference has no prejudice in itself, the author attempts to demonstrate that the violation of a right is still an inherent prejudice that the law must recognize.
Fournier, Johanne. "Les problèmes posés par la multiplicité de lois applicables dans les recours collectifs internationaux engagés à la suite d'accidents à grande échelle." Thèse, 2008. http://hdl.handle.net/1866/3235.
Full textWhen a catastrophic accident occurs, involving numerous victims from different states, we could, instinctively believe that justice will be best served by consolidation of all claims arising from such event. However, this idea isn’t completely right... Ironically, while catastrophic accident is a collective event, the claims pertaining such event remain a personal right of action. Therefore, the court might select the law applicable to each claim in accordance with its own conflict of laws rules. Because those rules aren't similar among states, the law applicable to each claim will differ accordingly. Consequently, the judge hearing a multi-state class action pertaining the same event will need to deal with multiplicity of laws. Historically, American federal courts have almost systematically rejected consolidation of claims when a multiplicity of laws appears. Many solutions to overwhelm problems arising from multiplicity of laws have been raised by the legal communauty. To date, none of those solutions seems perfect. It brings the conclusion that the idea of an international class action to resolve in a single lawsuit, all claims resulting from a single accident, might be an utopia. However, efficiency of class actions proceedings remains. As soon as litigants determine, prior to the certification request, the law applicable to each individual claims, in accordance with the relevant conflict-of-laws rules, in order to join all claims that are similarly conducted by the same law. In doing so, problems related to diversity of laws in class actions are avoided.