Dissertations / Theses on the topic 'Aide juridique/Aide juridictionnelle'
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Marrigues, Jean-Charles. "Le statut juridique des CARPA." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10051.
Full textSurprisingly unknown to the general public and many lawyers, despite being intended to serve them; the Special Lawyers’ Litigation Fund's (CARPA) are inextricable from the French legal and judicial landscape. The CARPA’s were created in the middle of last century to inspect the accounts of the lawyers who had just been given the right, by the government, to manage funds in the name and on behalf of their clients. They have since then been allowed to conduct speculative activity to finance their operations. The CARPA’s have, furthermore, become managers of the public funds allocated towards the remuneration of the lawyers that support the legal aid mission. Of an unquestionable efficiency, the CARPA’s are none the less facing multiple challenges and suffer from a relative uncertainty regarding their future. The evolution of economic and financial crimes, the effectiveness of the public service guaranteeing access to justice, as well as declining returns from their speculative activity and the prospect of reforms could actually threaten to shake the concept of CARPA’s to its very core. Emanations of the orders that set them up as symbols of discipline, probity and rigor, the CARPA’s work in the interest of the legal profession, the values that it stands for and of the general interest. The Special Lawyers’ Litigation Fund never having been the object of a comprehensive study, their past and future evolution dictates that we analyze their legal status within positive law before formulating proposals that could improve their efficiency in prospective law
Brunel, Guillaume. "L'assurance de protection juridique : contribution à l'évolution du modèle assuranciel de l'accès au droit et à la justice." Electronic Thesis or Diss., Perpignan, 2022. http://www.theses.fr/2022PERP0011.
Full textThe legal protection insurance appears to be one of the means of facilitating access to the law and financing access to justice. It is because there is a risk of having to incur costs to assert or defend his rights that, this insurance can meet the need of the insured to be legally and financially protected. The research objective is to determine whether the current system allows legal protection insurance to guarantee real access to law and justice. The first part of the thesis is devoted to the development of legal protection insurance and its contribution to access to law and justice. Our research shows that legal protection insurers have contributed, during the 20th century, to the emergence of an insurance system for access to law and justice. However, positive law has not conferred on this branch of insurance a system capable of answer at the new insurance needs, born of the expectations of litigants in terms of knowledge of the law and access to justice, or expected by the public authorities in terms of funding legal aid. If the analysis of the current system leads us to understand the limits of legal protection insurance, the research results show that a negation of the limits of legal protection insurance would undermine the fundamental principles that govern insurance. Indeed, the insurer selects the risks to determine which ones it will guarantee. Beyond these limits, it is no longer a question of pooling but of solidarity. Solidarity, born from the request of the public authorities for the financing of legal aid, which an outdated approach, based on trial expense insurance, cannot respond. To remedy this, the second part of the thesis endeavors to propose an evolution of the current insurance model to improve access to law and justice. The restrictive approach of the role of the legal protection insurer as a lawsuit insurer is no longer appropriate. It is no longer a question of compensating for damages suffered but of guaranteeing the legal management of a dispute. The legal protection insurer should therefore not no longer be confined in a role of third payer of indemnities ; on the contrary, should be preferred an approach favoring the prevention and the amicable settlement of disputes. After determining the way in which the insurance companies can contribute to this development, our conclusions lead us to propose an adapted model of conflict resolution, resulting from research in comparative law, which justifies not only an evolution of the regimen of legal protection insurance but also that of the insurance model of access to law and justice
Mialot, Camille. "Les nouveaux pouvoirs du juge administratif en France et en Espagne." Paris 1, 2003. http://www.theses.fr/2003PA010323.
Full textCloutier, Maude. "Les tribunaux spécialisés en matière de violence sexuelle : une piste de solution pour l’amélioration de l’accès à la justice des victimes." Master's thesis, Université Laval, 2021. http://hdl.handle.net/20.500.11794/68550.
Full textDespite all the reforms it has undergone, Quebec’s criminal justice continues to be the subject of much criticismfrom victims of sexual assault in terms of access to justice. Attrition, influence of myths and stereotypes andsecondary victimization are significant obstacles faced by victims seeking to access courts and obtain justice. Acomparative law analysis with South Africa and New Zealand, subject of similar critiques, shows that theseissues of access to justice are common in adversarial-type criminal law systems. Because of the similarities inthe substantive, procedural and evidentiary rules of these three systems, the search for justice solutions forQuebecers victims within these foreign systems is relevant. In South Africa and New Zealand, specialized sexualviolence courts have been set up to address the "justice deficit" of victims. An analysis of the essentialcomponents of each of the models and of the results of the evaluations to which they were subjected leads tothe conclusion that they have had a positive impact in their respective jurisdiction: increase in conviction rates,improvement in the quality of testimony, reduction of delays, secondary victimization and the impact of mythsand stereotypes, improvement of judges' knowledge of the reality of victims, etc. They therefore represent apromising initiative to improve access to justice for Quebecers victims of sexual assault. These evaluationshighlight the pitfalls of specialized sexual violence courts that may compromise this potential and that must beconsidered before the implementation of such courts.
Cloutier, Maude. "Les tribunaux spécialisés en matière de violence sexuelle : une piste de solution pour l'amélioration de l'accès à la justice des victimes." Master's thesis, Université Laval, 2021. http://hdl.handle.net/20.500.11794/68550.
Full textDespite all the reforms it has undergone, Quebec's criminal justice continues to be the subject of much criticism from victims of sexual assault in terms of access to justice. Attrition, influence of myths and stereotypes and secondary victimization are significant obstacles faced by victims seeking to access courts and obtain justice. A comparative law analysis with South Africa and New Zealand, subject of similar critiques, shows that these issues of access to justice are common in adversarial-type criminal law systems. Because of the similarities in the substantive, procedural and evidentiary rules of these three systems, the search for justice solutions for Quebecers victims within these foreign systems is relevant. In South Africa and New Zealand, specialized sexual violence courts have been set up to address the "justice deficit" of victims. An analysis of the essential components of each of the models and of the results of the evaluations to which they were subjected leads to the conclusion that they have had a positive impact in their respective jurisdiction: increase in conviction rates, improvement in the quality of testimony, reduction of delays, secondary victimization and the impact of myths and stereotypes, improvement of judges' knowledge of the reality of victims, etc. They therefore represent a promising initiative to improve access to justice for Quebecers victims of sexual assault. These evaluations highlight the pitfalls of specialized sexual violence courts that may compromise this potential and that must be considered before the implementation of such courts.
Chevalier, Carole Annie Christiane. "L' environnement juridique de l'activité médico-sociale." Montpellier 1, 2007. http://www.theses.fr/2007MON10037.
Full textBarthelemy, Thomas. "Assistance juridique automatisée, aide à la gestion de la procédure et à la rédaction de pièces dans la profession d'avocat." Montpellier 1, 1997. http://www.theses.fr/1997MON10024.
Full textLacroix, Sébastien. "Étude philosophique du renversement juridique canadien concernant l'aide médicale à mourir, à la lumière du débat Hart-Dworkin." Master's thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/27253.
Full textOn February 6th 2015, the Supreme Court of Canada issued an anonymous, unanimous landmark judgment. In Carter v. Canada (Attorney General), the Court recognized that a blanket prohibition of physician-assisted dying violates the constitutional rights of certain individuals. Indeed, a competent adult person should be allowed to seek help from a doctor to end her life if she meets two criteria: clearly consent to the termination of life and have a grievous and irremediable medical condition causing enduring suffering that is intolerable to the said individual. This legal decision constitutes an judicial overrule, because a reverse judgment was made in 1993. In fact, twenty-two years ago, the Supreme Court ruled five to four in favour of the ban on assisted suicide. In Rodriguez v. British Columbia (Attorney General), the majority ruled that the protection of the sanctity of life in all circumstances, both for vulnerable people for capable adults, was reason enough not to invalidate the sections of the Criminal Code concerned with assisted suicide. The majority then feared that any opening to assisted suicide would cause a gradual widening of the eligibility criteria, what many have called the argument of the “slippery slope”. As part of this thesis, the Rodriguez-Carter judicial overrule will be analyzed in light of the debate between H. L. A. Hart and Ronald Dworkin. While the former is known for his defence of a new version of soft positivism, the latter offers a new and innovative theory, named interpretivism. The goal is simple: to establish which of these two theories best explains the Canadian legal overrule regarding physician-assisted dying. The initial hypothesis is that both theories may explain said reversal, but one will do so better than the other.
Mananga, Francisco. "La dimension juridique des conditions du travail dans le secteur de l'intervention sociale." Lille 2, 2006. http://www.theses.fr/2006LIL20014.
Full textThe social labor is an activity based on humans relations. This means that a useful and intellectual organization has to be set up. This sector includes many professions working in private associations and in public offices. Concerning the social law, it seems to be necessary to approach the question of the working conditions and to wonder about a possible adaptation of this law to the social workers. Indeed, the special features of the social work, the particularities of users, the derogatory applications of the working law and also the manner in which some social workers practise. . . Need to be considered. If the application of the equivalence hours is deeply questionable, the legislation upon the responsibilities seems to be of an appropriate application, in spite of the fact that legal protection of the social workers remains hypothetical. So this study aims to question the opportunity of applying the general principles of the social law in this sector but no necessary derogatory
Lollia, Fabrice. "Aide à la décision en situation de crise. Les nouvelles technologies pour la prévention sécuritaire des entreprises : limites et opportunités." Thesis, Paris Est, 2019. http://www.theses.fr/2019PESC0031.
Full textThe current security context shows difficulties for the company in the protection of these employees (expatriates, business travelers). Previously known risks such as kidnapping against perdition are developing and experiencing new human forms that material and immaterial. Indeed, the kidnapping that is human, material or immaterial knows many forms of appearance and adapts according to The esperancy is followed against it in terms of responsibility. It is therefore only an omnipresent risk of which only one proactive attitude could be to reduce the risk. After studying, the kidnapping against deployment and its theoretical contributions. We were analyzed using part of the reading grid of the situational semiotics of Alex Mucchielli. Throughout this page in search action used method on main-exploration exploration with a situation Method that is most suitable for studying the field of security. We then created a digital solution Application of prevention for expatriates and corporate travelers (APSEV) to give a concrete and operational meaning to our work. This solution has been tested and validated as a protection mission at the Embassy of France in Afghanistan. But beyond its creation we explored its impact in the embassy in terms of human interaction. Accepted by some who feel protected and denied by others who feel guarded. This new security technology is disturbing because of its geolocation activity, whose meaning varies from one individual to another. The security problem of kidnapping against ransom can only be solved by the creation of a suitable geolocalisation digital solution without taking into account the effects on human interactions that will make it suitable for use
Lejeune, Aude. "Nul n'est censé être ignoré par le(s) droit(s) : politiques d'accès au droit et à la justice en Belgique et en France." Cachan, Ecole normale supérieure, 2010. http://www.theses.fr/2010DENS0014.
Full textLegal aid allows access to social and political citizenship. In a context where the transformation of social policies seeks to empower laypeople, lawyers are encouraged to intervene before litigations in order to pass "Iegal consciousness" on laypeople. Through this process, citizcns could be able to defend and promote their rights in everyday life. Beside legal assistance in which disadvantaged people can be assisted by a lawyer in their litigations, legal aid policy offers legal support and expertise in or outside litigation. My PhD dissertation analyses how public authorities and lawyers take in charge legal aid in two countries: Belgium and France. Both terms of comparison have been selected for their historical, legal and cultural proximity. However, they are characterized by very different State and Civil Society traditions. The main focus lies on the relation between the mobilization of law and the institutional contexts in which lawyers provide legal aid. This approach allows me to highlight the formation of innovative social and political mobilizations of law. This process is linked with recent social policies' and, more broadly, public policies' transformations
Monotuka, Dominique. "La notion de spécificité juridique et le droit d'outre-mer : l'exemple de la Martinique à travers le droit de la protection sociale." Poitiers, 2003. http://www.theses.fr/2003POIT3002.
Full textSchwaller, Émilie. "La protection des droits fondamentaux des entreprises en droit des aides d'Etat." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA019/document.
Full textIn the European Union, the need to better protect fundamental rights calls for research into finding a new balance between procedural fairness and efficiency. The thesis examines the impact of this phenomenon in State aid law which is characterized by its technical nature and its political sensitivity since it confers on the Commission the exclusive right to authorize or prohibit aids that Member States plan to grant to certain companies. Although these businesses are in principle recognized as legal persons in regards to fundamental rights, the State aid control is an exception since it offers almost no procedural guarantees during the administrative phase, often appears unpredictable to companies and maintains a standard of judicial control that could be considerably improved, both in terms of legality and enforcement. This observation argues for a reform that the study examines in the following lines of thought
Pompey, Sébastien. "L'avocat et la Convention européenne des droits de l'homme." Nice, 2007. http://www.theses.fr/2007NICE0030.
Full textLévy-Tadjine, Thierry. "L' entrepreneuriat immigré et son accompagnement en France." Toulon, 2004. http://www.theses.fr/2004TOUL2003.
Full textConsidering the co-existence of specifically dedicated devices (like for instance Collectif des Femmes in Leuven)and generic devices such as "Boutiques de Gestion" for training migrant and ethnic entrepreneurship in France, the author of this work builds a new model of ethnic and migrant entrepreneurship which differs from the usual minority theories which generally only consider ethnic resources and networks and focus on group dynamics. This model is based on Inter-cultural psychology and on French Theory of conventions. This model is an illustration of the dialectical and teleogical prospect GREENE and alii (2003) recommended for analizing Minoruty entrepreneurship in a more complex way. Based on this model and on observed datas, the author defends the thesis that to analize and train correctly migrant entrepreneurship in France, one needs to know about the individual integration strategy of the migrant. After describing the specificities and diversity of Migrant Entrepreneurship in France, a managerial model is proposed for helping entrepreneurship trainers. This model was applied in a French generic device : a "Boutique de Gestion"
Maugain, Géraldine. "La modélisation du procès civil. : émergence d'un schéma procédural en droit interne." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD004.
Full textThe 20th century has initiated a new dawn for procedure as a tool to defend the rights of the persons subject to trial, a change motivated by a constant care to guarantee the supranational pattern of due process of law. At the end of the century, new stakes focused on more financial aspects also emerged. The efficiency of justice merged with the quality of the judicial decision to create a concept of smooth-running of justice. These common values generated an emerging procedural pattern reflecting the civil justice of the 21st century. At the level of procedural structure, a schism in the contentious stage developed into a strong readiness for trial and a complementary judgment stage. Now, both phases must be preceded by a consensual phase, which is still scarcely used though everyone seeks it. Regarding decision-making, the judge’s role must remain the same, stating the legal position. The main goal is then to give the judge what it takes to fulfil his function through the regression of his minor roles, thus defining more accurately what his original role is
Noura, Khadija. "La requête d'asile et la constructionde sa crédibilité. Entre rationalisation et subjectivation des discours de l'exil." Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0325/document.
Full textThis dissertation provides a theoretical explanation of two key topics: the models which exist to deal with the petitioners for refugee status and the framework that manages the procedures linked to assesing the biography of the respondents. The investigation of the procedures linked to the petitions of asylum results showed that in the best case situations the respondents were monitored by the counsellors ,association members, jurists or lawyers, etc.The investigation showed help was mainly administered to achieve the goals linked to the adminstrative procedures.This represents a form of sub-contracting. One of the features of this disseration was to understand how the pillars of credibility was constructed by actors involved in the framework comprising the right to exile, explain the role and the model used by the respondents in the procedures of asylums to acquire proof in face of the difficulties encountered, and the methods used to overcome the challenges by strategies linked to credibility. This examination required extracting key points of the arguments as the petitioner often lacks the neccessary documents to validate their statements, as well as from the transcripts provided of their arguments in writing or orally by an interpreter.The anaylsis of the actors that govern the procedures sets out to consider whether the methods of operation are consistent with the institutional requirements. The results of the research suggests that the respondents are flustered when confronted with the procedures of asylum.Other key factors that play a role in the result are language barriers, financial conditions,cultures,economic and social means that influence the capacity to fulfil the demands to achieve the status of refugee.The results also suggests the process of examining oneself as the subject which leads to the petitioner constructing a new identity in the procedures to achieve a refugee status
Sako, Alassane. "Réflexion sur le cadre juridique des marchés publics internationaux dans les stratégies de développement." Thesis, Université Côte d'Azur, 2022. http://www.theses.univ-cotedazur.fr/2022COAZ0014.
Full textInternational public procurement holds a central role in official development assistance flows. As the channel for the execution of development projects, it is a link between the States and entities benefiting from the financing and the holders of those financing, whether they are specialized multilateral institutions or within the framework of bilateral relations. In the same way, it stands at the crossroads of relations between the afore-mentioned actors and those of the private sector which compete to obtain these markets.Our study aims to identify in its formulation, its content and its orientation, the legal framework of this flagship instrument of development strategies, while questioning it in relation to the challenges of said development.Our analysis shows that the formulation and evolution of the legal framework for international public procurement are determined by many issues. These extend beyond the development of the beneficiary countries to embrace the global issues of international trade and those specific to the preservation of the interests of the stakeholders in the financing. It follows that it is a legal framework marked by a strong imprint of the singularities of international economic law. It is also characterized by a clear trend towards harmonization.In the context of international public procurement, it is notable that the international harmonization of the legal framework uses the regional channel which facilitates the implementation of the objectives of international actors while responding to certain problems specific to national levels. In this perspective, the preexisting regional economic integration organizations play a fundamental role.In order to analyze this trend, we choose to study the harmonization process of the public procurement legal framework of WAEMU. Then, the analysis of the singular case of Côte d'Ivoire highlights the issues and challenges related to the transposition of this legal framework at the national level. It appears that even if regional reforms taking into account international requirements have been widely implemented, challenges remain.Finally, with regards to an economic and social development reflecting the vision and challenges specific to the beneficiary countries, the symmetrical transposition of international models at the national level is not always appropriate. They must be adapted to the particular context
Touati, Abdenour. "Le partenariat, en tant que concept juridique du développement, au sein du système international." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10003.
Full textThe subject deals the partnership, its emergence and its juridical range, as the temporal scope of this descriptive and analytical approach, covers both, the eve and the dawn of the third millennium, therefore, this approach related to the partnership within the international system, based especially on the pre-United Nations instruments in particular the pact of the League of Nations, and the united nations instrument, especially the Charter of this organization and the Millennium Declaration, which generate the Millennium Development goals In particular, the eighth goal, related to establishment of a global partnership for development. These two instruments and more others with dogmatic and thematic kind, are evaluated and refined by much more pragmatic documents, that is the, 2005 world summit outcome document, so the juridical nature is better combined with worldwide socioeconomic impact and its applications on a regional, multilateral and bilateral partnership . Thus, the thesis tries modeling the most consensual guidelines partnership, this recent and little consensual notion
Mendes, Constante Jorge. "Les droits fondamentaux du justiciable." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32055.
Full textThe basic rights of justiciable determine today the substantial axis around of which the Right of justice is articulated. It is towards the respect of the basic right to the judge and the basic right to the respect of the rights of the defense which the objective rules of jurisdictional and procedural organization must be durably turned. The French and Portuguese constitutional systems conceal a strong potential specialist in comparative literature, and in spite of the differences, the decisions of the convergent court constitutional towards the valorization of the basic rights of the justiciable one. The Community and European judges take part in the rooting of theses rights which to the bottom belong into clean neither to the constitutional law, nor of the European right, but of European pools. The existence of the rights of justiciable to the row to basic rights protected by the constitutional and European law results essentially from a jurisprudential development process. It is then by probing abundant jurisprudences of the constitutional and supranational judges, that it is possible to reveal the common existence of the basic rights of justiciable in Europe (First part). The study of the contents of the basic rights of justiciable allows evincer confusions which remain numerous between the substantial rights of justiciable and the jurisdictional or processual rules the new requirement of effectivity, which remains associated with these basic rights of the justiciable one, gives them contents concrete and led to wonder on the one hand about the implications which can result it for the State in terms from obligations to achieve, and on the other hand, to measure their radiation in the legal order interns of the two studied countrie. Ultimately, it is a question of seeking the consequences of their common existence, to try to account fot the efficiency of the basic rights of the justiciable. (Second left). The application of these two basic rights can attest qualitative evolution of the modern concept of State because both are the sign of a reinforced democracy, irrigated by justice
Alzarouni, Fahad. "Le régime juridique de l'action internationale des Émirats Arabes Unis en faveur des réfugiés." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR001/document.
Full textHumanitarian aid to refugees has become an increasingly important part of the United Arab Emirates government’s external action in recent years, given the increasing number of humanitarian crises in all regions of the world, and in particular in the Middle-East. However, it should be noted here that the UAE’s external action in the field of humanitarian aid is in link with the action of all the Gulf States because of the coordination of foreign policies carried out by the Cooperation Council of the United Gulf States (GCC). The latter has very close relations with the United Nations humanitarian agencies (in particular the Office of the United Nations High Commissioner for Refugees (hereinafter “UNHCR”) and the international Red Cross and Red Crescent Movement, attempting to develop a deeper political dialogue
Nemar, Khadidja. "Le cadre juridique des opérations militaires de stabilisation et de reconstruction : vers un code de conduite des opérations militaires en situation postconflictuelle fondé sur les droits de l’homme ?" Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0690/document.
Full textMore than twenty-six years after the United Nations' released the "Agenda for peace", stabilisation and reconstruction efforts in Afghanistan and Iraq have been marked by a greater involvement of armed forces in peace enforcement and peace building operations. From the conduct of hostilities to law enforcement operations to stabilise the country, to the provision of assistance and development to the population as well as State reconstruction, the role of the military became central. In situations where the sovereign state is undergoing a transformation and a reconstruction of its institutions, the intervening forces assume a dual role of “belligerent” in the face of insurrections challenging the legitimacy of the new political order established by the interventions on one hand, and of “sovereign” role taking over the host States' responsibilities in both its security and welfare functions. Based on a study of “post-conflict stabilisation and reconstruction” doctrines as interpreted and implemented by the armies of the United States of America, the United Kingdom and France in Afghanistan and Iraq, this thesis aims to define the challenges to international law created by this dual role of the military in transitional situations between war and peace. Faced with the operational and legal uncertainty characterising these operations, this thesis proposes a human-rights based legal framework to regulate armed forces activities, using human rights law as a lex favorabilis. On the basis of this proposal, guidelines are drawn to translate into operational rules the legal obligations arising from the application of human rights
Mann, Carol. "Traditions et transformations dans la vie des femmes afghanes des camps de réfugiés au Pakistan depuis le 11 septembre 2001." Paris, EHESS, 2006. http://www.theses.fr/2006EHES0006.
Full textThis study examines Afghan refugee camps on the border between Pakistan and Afghanistan (NWFP), in particular its female population, as places of transition and transformation over the last twenty-five years. A culture of exile has been constituted, mixing pre-islamic Pushtoon tradition, the attempts at change experimented by various hapless Afghan rulers since the late XIXth century, representations coming from globalized media as well as models put forward by humanitarian aid. This is the site where a particular species of Fundamentalism emerged wich became the ideological basis for governements in power in Kabul after the Soviet retreat ; it is also the locus for a paradoxical form of modernity affecting women in particular and accelerated since 9/11. The historical background and the resemblances between the health and social policies of the British Rai and those of present-day aid will also be described. This research is based on personal humanitarian work undertaken in the camps between 2001 and 2005 wich includes a self-critical approach to understanding and interpreting some of the situations encountered
Traore, Mandiou. "Le réglement de litiges commerciaux en Afrique de l'Ouest." Thesis, Lyon, 2021. http://www.theses.fr/2021LYSE3009.
Full textThe organization of the settlement of commercial disputes in West Africa, particularly in the States Parties to the OHADA Treaty, is marked by the intervention of national courts of instance and appeal and the Common Court of Justice and Arbitration. Indeed, the establishment of common business law legislation has necessitated the institution of a single Court of Cassation to unify jurisprudence. The standardization of jurisprudence has led to the exclusion of the higher national courts from any dispute resolution issues related to the application of uniform law, except for decisions applying criminalsanctions. Consequently, relations between the two orders of higher courts are more marked by conflict than based on a genuine dialogue between judges. In order to ensure that economic operators have a better settlement of their disputes by avoiding the difficulties associated with judicial settlement, alternative dispute resolution tools should be promoted. Consequently, the adoptions of the Uniform Acts on Arbitration and Mediation have made it possible to give economic operators other alternative places to settle their disputes. In addition, the development of arbitration, mediation and conciliation centers seems to be an alternative to judicial jurisdictions. In view of the numerous referrals to the Ouagadougou Arbitration, Mediation and Conciliation Center by banks and financialinstitutions, insurance, transport and telecommunications companies, mining and energy companies, it can be deduced that this center plays an important role in the alternative settlement of commercial disputes in West Africa
Benzada, Jouira Karima. "Base de données et cartographie juridiques, deux outils d'aide à la décision pour une gestion intégrée des espaces naturels : une proposition de modélisation du droit." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA015/document.
Full textLike other disciplines, particularly those related to computing, the development of high technologies and the emergence of new technics allowed the development of a certain knowledge and understanding concerning law. This research focuses on law related to natural areas. It aims at providing, through the use of information systems, a decision support to legal problems posed by the diversity of instruments used to protect natural areas, and the diversity of actors involved in such a protection. This research proposes the development of a collaborative methodology and the experiment of two analytical tools aiming at facilitating the decision making process in the protection of natural areas, namely a legal database Jurisbase, and legal mapping Juriscarto
Ngoumbango, Kohetto Jocelyn. "L'accès au droit et à la justice des citoyens en République centrafricaine." Phd thesis, Université de Bourgogne, 2013. http://tel.archives-ouvertes.fr/tel-00987518.
Full textRajska, Dagmara Marta. "Etude comparative des droits garantis aux justiciables en application de l'article 6 de la Convention européenne des droits de l'homme et de leur traduction en droit interne en France et en Pologne." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1022.
Full textPoland is a post-Communist state which signed the Convention in 1991, and ratified it in 1993. The right to the individual application was established in 1993. The change of the regime required to reform the Polish legal system, including the principles of fair trial, to comply with the requirements of the Convention. France signed the Convention in 1950, and ratified it in 1974. The right to the individual application was established in 1981. It is one of the oldest members of the Convention and at the moment one of the major actors of the international society, whose attachment to human rights is one of the characteristics of its foreign policy. This comparative study sets out to determine whether the requirements concerning the courts and the trials, and the rights guaranteed in criminal matters imposed by the article 6 of the Convention are respected in both states. On the one hand, this enables us to see the differences and the similitudes between France and Poland. These two states can seem to be different because of their respective histories and traditions when it comes to the respect of human rights. However, in the final analysis, they deal with similar problems, as, for example, the excessive length of proceedings, or non-Respect of the principle of equity of arms. On the other hand, this enables us to verify if the judgements of the European Court of Human Rights have been entirely implemented by the two states, and, where necessary, if the infringements of the Convention were repaired, including the reforms of the internal law
Lamouroux, Guillaume. "Les subventions aux entreprises privées : contribution à l'analyse civile et fiscale de l'acte neutre." Electronic Thesis or Diss., Bordeaux, 2021. http://www.theses.fr/2021BORD0018.
Full textWhile the notion of subsidy is widely discussed within public law and financial science, private law remains relatively indifferent to this subject. This is particularly detrimental given that the concept of subsidies for and by private companies can only be imperfectly assessed via the classical analysis of these subjects where a subsidy is viewed as an unconditioned financial support. Studying subsidies to private companies thus enables us to assess the appropriateness of this classical analysis and to suggest a renewed understanding of subsidies on three aspects.Firstly, unlike in public law, a subsidy must be viewed as a unilateral contract, not a unilateral act. It is important indeed not to confuse the expression of consent by a legal entity, which results from a unilateral act, with the act of granting a subsidy, which is contractual in nature. A subsidy is also just a type of financial support. It is characterized by a direct wealth transfer from the grantor of the subsidy to its beneficiary, valued on the achievement of a specific goal. These two elements are essential as they differentiate a subsidy from other types of private companies’ support mechanisms (such as debt relief, loans, underpriced or overpriced transactions) and show that being goal-oriented does not commit the beneficiary to realizing the stated objective, rather it is the binding nature of a contract that enforces this obligation. In case of non-compliance, the subsidized entity will be subject to the contract’s termination clauses for being in default of its contractual obligations, a forced contractual compliance being not possible as it remains a management decision. Finally, a subsidy is not exactly an unconditioned financial support, rather it is a support without direct obligations. If its grantor often aims to obtain a direct benefit against the issuance of a subsidy, it often obtains nothing. This alternative reflects the specificity of a subsidy as it can be given for free or not. In other words, a subsidy is a neutral act which explains its numerous practical difficulties. More precisely, as a neutral contract, a subsidy does not express a specific reason, in each case it must thus be assessed if the issuer has a vested interest in the granting of the said subsidy. This research is of great interest, as a subsidy granted for free, in particular by a private enterprise, has consequences in terms of company law – breach of the “specialty” principle – tax law – customary managerial decisions – and criminal law. Showing the limits of the freedom to subsidize private companies contributes to reveal the civil and tax identity of a neutral act