Dissertations / Theses on the topic 'Biens communs – Droit – Philosophie'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 20 dissertations / theses for your research on the topic 'Biens communs – Droit – Philosophie.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Meersman, Jimmy. "Contribution à une théorie juridique des biens communs." Electronic Thesis or Diss., Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0042.
Full textThere are few areas - environmental, cultural, social, or even economic - that are not examined through the prism of the commons. This new interest in the commons can be explained by the significant evolution of the 21st century society, which questions the right of ownership. However, the analysis shows that, whatever the period, the modern model of property rights - public or private - is always characterized by the exclusive control of the property by its owner. In the current context of social change, this model has its limits and appears inadequate for certain needs.At the same time, the debate on the commons has gained momentum. For some academics, the commons appear to be able to provide a response to the inadequacy of the right of ownership, within the framework of a necessary legal evolution. The commons are the subject of debate in academic circles, but are still ignored by French law and are not subject to any legal definition. However, they are addressed by the law of certain foreign states. They are also addressed by many disciplines, first and foremost economics. The thinking of Elinor Ostrom, winner of the Nobel Prize in Economics for her work on the subject, is fundamental. Because of these particularities, a specific research methodology has been set up, combining conceptualism and empiricism.A legal theory of the commons was thus proposed. What characterizes the commons is their allocation - to the production, preservation, and distribution of collective utilities - within the framework of collective governance. This allocation conditions the appliable law, of a new kind, and confers rights and obligations other than the traditional ones. In this respect, the commons constitute a new legal category
Charpentier, Pierre-Yves. "L'autonomie professionnelle des époux communs en biens : étude comparative, historique et critique." Paris 2, 1997. http://www.theses.fr/1997PA020003.
Full textBollon, Nicolas. "Étude critique de la notion de patrimoine en droit des régimes matrimoniaux et des successions." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_bollon_n.pdf.
Full textThe study of the law of the matrimonial systems and the successions questions the rule of the unity of the heritage. The analysis of the substantive law reveals numerous breaches in this rule, breaches which lead all to autonomous patrimonial masses. The questioning of the rule of the unity is not new. The necessary renovation of the theory of the heritage passes by a redefining of the thesis of the "patrimoine d'affectation". It is not a question of rejecting the person outside the field of the patrimonial construction, but of restoring to her a just place and of basing the patrimonial autonomy on the affectation of the possessions. The association of the asset and the liabilities cannot constitute that the consequence of the affectation and not the criterion of the heritage. However, the affectation remains a purely subjective notion which it is necessary to move closer to the right of property. So, all the times as the affectation finds a support in the right objective of property, it is the source of an autonomous patrimonial mass. However this new approach of the theory of the heritage does not agree when we have to deal with a heritage on which several persons can claim to exercise the same privileges; what is the case of the common possessions under the legal system or the undivided possessions of a succession. It is the reason for which this theory of the affectation patrimonies also crosses by a redefining of the notion of collective property which arnounts to a pure competition of identical rights on the same good
Chrétien, Patrice. "La distinction des domaines comme forme symbolique : recherches relatives au droit des biens publics." Paris 1, 1990. http://www.theses.fr/1990PA010265.
Full textVern, Flora. "Les objets juridiques : recherches en droit des biens." Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0023.
Full textIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Sekerler, Richiardi Ayse Pelin. "Jevons et Walras : entre philosophie morale et économie sociale, un jalon dans la compréhension de la décision publique." Paris 1, 2010. http://www.theses.fr/2010PA010035.
Full textAntonini-Cochin, Laetitia. "La situation du conjoint d'un débiteur soumis à une procédure collective." Nice, 1999. http://www.theses.fr/1999NICE0038.
Full textJongh, Maurits de. "The primacy of public goods." Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0007.
Full textThis dissertation takes up the concept of public goods as a hermeneutical thread with which to explore the theory and history of political economy. Situated at the intersection between political philosophy and the history of modern economic thought, this dissertation examines the following main research question: what is the role and potential of public goods to foster rather than disable individual and collective agency in politics and social life? In response to this question, the dissertation articulates the primacy of public goods in two senses: first, since plural public goods constitute the indispensable infrastructure of social life and human relationships, they have primacy over both private and common modes of providing and enjoying goods. Second, since they rely on governmental coordination and compulsion in inescapable and ineluctable relationships of political authority, public goods also have primacy over the common good in its monist conception
Planckeel, Frédéric. "Indisponibilités et théorie du droit : contribution à la redéfinition du système juridique." Lille 2, 2004. http://www.theses.fr/2004LIL20009.
Full textThe nature of such established institutions as clauses of inalienability or public domain inalienability is still an enigma. This is due to the incompatibility of inalienabilities with the traditionnal foundations of property law. So it is out of the theory of law that a summa divisio can be observed whereas objective inalienability directly relate to the objective property, wich is assigned to its proprietor even towards third parties, subjective inalienability abolish only the power of the proprietor. These two models allow us not only to develop for the first time a general theory of inalienabilities, but also to show the essence of fundamental concepts of subjective property, objective property, legal capacity, personal right and real right. These concepts even prove to be in the heart of a logical and universal system : it transcends the legal system, while making up its technical substance, specified according to the own principles of every State. This setting of legal system to equation invites to reconsider all the technical concepts, and paves the way for a theoretical unification of the diverse national systems
Le, Mauff Julien. "Une généalogie de la raison d'État : les racines médiévales de la pensée politique moderne." Thesis, Paris 4, 2015. http://www.theses.fr/2015PA040082.
Full textThis survey attempts to draw a new understanding of reason of State, as a key concept in modern politics and in 17th century State-centered thought. It is therefore studied backwards, in order to better describe its origins, and to understand what conditions enabled its formulation. The genealogic method is chosen as a way to conciliate the French school of the Annales and the anglo-american tradition of history of ideas, and to handle political ideas as historical artefacts. Every text and author is therefore apprehended as a part of a chain of influences and relationships, while intellectual singularities are preserved. Among the main concepts that participate in defining reason of State, necessity, public utility and legal exception evolve deeply from the 12th century, as a result of the rediscovery of ancient authors by John of Salisbury and still more by Thomas Aquinas, of recent developments in canon and roman law, and of new fiscal policies during the 13th and 14th centuries. The improvements of royal ideology, the new necessity specifically applied to political action in William of Ockham’s thought, and the rise of the concept of a sovereign State under the primary influence of Marsilius of Padua, also participate in this preparation, now centered on Italian city-states. The account ends with a view on three different definitions of reason of State, that correspond first to Machiavelli and Guicciardini, then to Botero, and finally to the legal thought of Ammirato and Canonhiero. This outcome paves the way to the triumph of Statism, and to the new developments of political theory during the Enlightenment
Souhami, Julie. "Le conjoint du contractant /." Aix-en-Provence : Presses Universitaires d'Aix-Marseille, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/514087544.pdf.
Full textBernard, Sylvain. "Le droit patrimonial des couples et la liquidation des opérations non dénouées." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD009.
Full textLiving together, which is an inherent feature of a couple, leads to the creation of common proprietary interests whose distribution is made even more complex by ongoing contracts at the moment of the couple’s union or dissolution, which the French doctrine refers to as "opérations non dénouées". These contracts are characterized by the fact that their effects are still running at the time of the formation or dissolution of the union; they may be only partially executed or not exectuted at all at the time of the couple’s union or dissolution.Indeed, property law struggles to comprehend some contracts whose outcome remains uncertain.And yet, the number of these contracts has significantly increased. They may be the technical basis of some fees paid to one of the spouses (through profit sharing or stock option), the result of his or her savings (life insurance policies or capitalization contracts) or that of the acquisition terms and conditions of property (an interest loan, an option, a preliminary sales agreement). The issue of a couple’s liquidation and distribution of assets has recently become a greater source of conflict and difficulty insofar as it occurs following a divorce or a separation.Faced with the legal and economic uncertainty pertaining to the "opérations non dénouées", one may then wonder how to deal with their distribution even though their results are precisely unknown.The diversity of these contracts, whose conclusion is somewhat complex and whose settlement is delayed makes it necessary to conduct a comprehensive study of the criteria that should be used to determine whether the assets belong to one of the spouses, or fall within the realm of undivided property, as well as of the issue of valuation. The purpose of this study is to suggest fair solutions for the distribution of these "opérations non dénouées". In other words, it aims at proposing solutions, which are more likely to ensure a fair distribution between the spouses. To achieve the goal of ensuring distributive justice, it is necessary to set appropriate criteria and to valuate as fairly as possible the economic advantages or the debts resulting from these "opérations non dénouées"
Alliot, Sandie. "Essai de qualification de la notion de données à caractère personnel." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCB001.
Full textPersonal data has undergone a major change which justifies a new study of this notion. This particular data is at the heart of the digital economy and thus stirs numerous claims. What is at stake here is to try to work out a balance between different claims such as managing operators' will of appropriation and protecting people concerned by the data, for example. This is why it is essential to find a precise definition and adequate qualifications of personal data to find a balance between the various interests. The thesis will focus on the necessity to adopt a new vision of personal data, to show its current characteristics so as to manage it efficiently
Nagy, Veronika. "Le domicile conjugal comme source de conflits judiciaires : ce que la face "honteuse" du divorce nous enseigne sur le lien matrimonial." Paris, EHESS, 2011. http://www.theses.fr/2011EHES0095.
Full textThe aim of this doctoral dissertation is to show the intense connection between the emotional and the economical dimension of couple and marriage through the study of conflicts that oppose spouses and former spouses about the matrimonial home. In doing so, the objective is also to understand what is on stake in divorces when the model of the "Peaceful Divorce" is not respected. The empirical material consists in 55 divorces and patrimonial dispute collected in a French law firm (29 cases) and a municipal court in Hungary (26 cases). This work is at the crossroads of the sociology of law and sociology of the family, while also being enriched by a comparison between France and Hungary The cases are analyzed qualitatively with particular attention to the views of involved parties, their arguments and the principles of justice to which they refer
Dupend, Aurélien. "L'argument jusnaturaliste en droit privé patrimonial français." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0148/document.
Full textThe concept of “natural law” may seem minor in French philosophy and Frenchtheory of law, unlike their massive presence in legal studies abroad, but they do not standdirectly or indirectly under private law in France if analysed in certain aspects of the doctrineof the law and jurisprudence, in particular in the field of heritage property and contracts. Inlight of the philosophical dialogues which have illuminated the polisemy attached to the term“natural law” or the word “nature” in legal proceedings involving the most practical situationsstarting with the right to property, it is shown in this work that there is a natural law argumentof this type underlying a right that is not always conscious. This thesis does not separate thestudy of the theory of positive law taken in its most representative aspects and the morepluralistic theories of natural law and the rival views of contemporary positivists which usuallytend to reject any reference to or notion of natural law. There are different forms of apparitionof natural law arguments. By means of arguments, jurists look at law studies in a new light
Schmaltz, Benoît. "Les personnes publiques propriétaires." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30069/document.
Full textAs it is the case for private property, the public property was long time confused with the goods that are its objects. However, in public law as in private law, we should consider that property right is not a good. Being an individual right, the property stands for the power exerted by a subject over goods. Formally, it is the right to enjoy and dispose of goods according to law. Materially, it will vary depending on the applicable law which empowers the owner, subject of the property. Public entities, subjects of public action, are owners based on a competency immediately assigned to them by their duty to act in the public interest. This competency grants to public entities a right to public property only affected to the public interest. Focusing on the public persons as owners instead of considering only their property helps contributing to the theory of partial legal orders (“théorie des ordres juridiques partiels”) as a representation of the distinction between public and private law. This finally leads to suggest a legal definition of the public action as a set of activities implemented by the public persons in the exercise of their subjective rights of property
Ruiz, Eric. "L'autopromotion, une piste pour l'innovation architecturale, environnementale et urbaine." Thesis, Grenoble, 2014. http://www.theses.fr/2014GRENH017/document.
Full textFurther to the production of housing within a traditional Framework are curently developed all over europe and specialy in France. Moving away from public or private standar models, the projects inspired by the end users tend to produce very original habitats, in terms of architecture and environment as well as social and territorial insertion. This kind of dynamic is not a new phenomenom. Particulary in Latin America, popular and cooperative movements have developed this type of approach for decades. Insufficiently studied, this phenomenom merits more precise analysis, particulary in the field of architecture and from the point of view of the managers of such projects : the inhabitants. This research aims to demonstrate, through an analysis of different types of collective organizations adopted by these non-professional inhabitants leadership, the benefits and results of their production, in terms of: the "spacial" question, which looks at the concept of habitat and its use ; the issue of "skill" of the designer, who questions the mode of production of the project through the architect relationship - project management (non-occupational) ; and finally the area of "spatial and social inclusion", which looks at the urban dimension of these projects and their "property developers". Based on the concepts of "right to do" and "right to the city" defined by Henri Lefebvre and "common good" defined by Elinor Ostrom, this thesis provides a contribution of knowledge to contribute to the response of professionals and public policy, to a real social demand present every day in terms of citizen initiatives in the production of housing
Beaudouin, Audrey. "Land, sea and communities in 18th-century Shetland islands." Thesis, Rennes 2, 2016. http://www.theses.fr/2016REN20047/document.
Full textIn a rental of the arable land of Shetland, written in the early 1770s, the following expression appeared: “The inhabitants of the Towns within the same Scattald are called scatt brethren.” These few words triggered a series of questions. What is a scattald? What is the scatt? Who are these ‘scatt brothers’? Research at the National Records of Scotland and at the Shetland Archives as well as the reading of academic literature on the questions of communities, commons, custom, local judicial systems and rural life in the early modern period led to the writing of a thesis on communities in the 18th century. These communities lived in a peculiar geographical context: the Shetland Islands. Without underestimating the role of the local environment in the life of the Shetlanders, this thesis shows that the surroundings of the Shetlanders were more a place of possibilities than a place of restrictions; it brought constraints, but any other surroundings in early modern Europe had its limitations. The life on the islands of Shetland was as anywhere else on mainland Scotland at the same period a life based on local resources and which saw the development of a market economy with its advantages and disadvantages for the inhabitants. In Shetland the market economy took the form of the fishing tenures with their specific share-cropping contracts.In order to understand these communities the thesis starts with how they were regulated. The regulations, the courts and their personnel all had a role to play in the social control of the members of the communities. This thesis also explores the activities of the communities’ members in their environment. Shetland as well as several regions in Northwest Europe at the same time was a place of pluriactivité, multi-tasking. Through multi-tasking and access to the commons, the scattald communities of Shetland kept a certain level of independence even in time of debt-bondage. This paradoxical relationship was rendered possible by an almost unlimited access to the commons throughout the 18th century, a time during which the movement on the commons were possible and the transmission of the memory of their boundaries stayed alive. Changes, however, happened on the islands during these times. The fishing tenures were only one element of these changes: women started to outnumber men, the size of the arable land cultivated by one household diminished, the protected commons were slowly nibbled, and a regional court offered more possibilities for justice to the higher ranks than to the tenants... Eventually, this thesis argues that local communities in 18th-century Shetland offered protection to women and men who through them had an organised support system
Dulong, de Rosnay Melanie. "La mise à disposition des œuvres et des informations sur les réseaux : régulation juridique et régulation technique." Phd thesis, Université Panthéon-Assas - Paris II, 2007. http://tel.archives-ouvertes.fr/tel-00666307.
Full textBellefleur, Kathy. "La fragmentation juridique de la terre en droit privé : étude des représentations sociales et historiques de la terre dans la tradition romaniste." Thèse, 2015. http://hdl.handle.net/1866/13788.
Full textUntil recently, legal scholars studied the specific legal model which was considered to be the best. This is the conclusion reached by comparative scholars Antonio Gambaro, Rodolfo Sacco and Louis Vogel in the first lines of Droit de l’Occident et d’ailleurs. This approach is difficult to reconcile within the context of our current globalized world. Therefore, a growing number of legal scholars have manifested a renewed interest in the strengths of different legal traditions. Within a legal tradition a theoretical examination is sometimes necessary in order to better appreciate its wisdom. For Patrick H. Glenn, legal tradition is living and evolving. Quebec Civil law, from the Roman tradition, is the result of a process of transmission of legal knowledge whose relevance is constantly put to the test of time and social context. Early on and during all ages, those responsible for transmitting the knowledge of the Roman tradition searched for ways to define the place of human beings within nature. The relationship between humans and the land has been the subject of numerous legal reflections both within classic and modern law. The law of private property in Quebec, a fundamental branch aspect of civil law, has internalized and adapted these reflections within its particular social and historical context. The legal concept of the land has varied considerably within the Roman tradition. This thesis proposes a study of social and historical representations of the land within the Roman tradition. It is rooted in an interdisciplinary legal approach, guided by philosophy and history. Through this analysis it will be established that the structure of property within the civil law tradition has created a legal fragmentation of the land, focused on its utilities, in order to enable human beings to derive as much as technically possible from it.