Dissertations / Theses on the topic 'Branche du droit'
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Rainaud, Anne. "Le droit des risques industriels : à la recherche d'une branche du droit." Nice, 1993. http://www.theses.fr/1993NICE0028.
The topic of this thesis is abut the happening of a law of industrial risks. In front of the intensity of these risks, for the man and the environment, a question has been asked : isn't there a law that regulate the risks of industrial activities, and stop the phenomenon of patchwork law> there was a synthesis todo, a dynamic one. Trough a studie of different types of regulations used in public and private law, an investigation about the environmental law has been do. But, mainly, we search after a law of industrial risks as an independant branche
Bricker, Guillaume. "Le droit de la génétique : à la recherche d'une branche du droit." Thesis, Paris Est, 2013. http://www.theses.fr/2013PEST1169.
Within disciplines that are traditionally qualified rights public, private and criminal law new branches grow over the changing needs and human knowledge, according to their logic, but sometimes at the expense of the common law . This thesis seeks to determine what branch of law and to apply it to a concrete example: genetics.The concept of law that we propose to define is simple: it is a collection of standards for a specific purpose. A branch is a collection of standards. A discipline is a collection of branches.The distinction of each branch is the theory of fuzzy set, ie it must recognize a limited degree of uncertainty concerning the delimitation. This uncertainty is normal and depends on several factors, including the organization's existing standards or relations between objects right between them.This definition naturally follows two sets of operations.The first is determining the scope of the collection of rules and therefore report it to the standards that comprise it.The second concerns the organization of the rules of this collection. Without being critical of the definition of the branch, it can give a particular cohesion and it therefore presents a theoretical and practical interest.Several types of organization can be considered, and all depend on the material and the angle.However, these organizations can lead to the creation of a code, ie an organized plan by specially adapted and can be recognized by the public authority must be adopted by the doctrine as having a practical for a profession.Following this review, we propose, among other models, a particular organization the right genetics.This organization is the logic from acquisition to manipulation. It will set out the rules relating to access to genetic material and information on the one hand and the rules relating to the use and modification of genetic material from the other.This codification, at least doctrinal seems justified, given its usefulness to practitioners and researchers in genetics
Robichez, Juliette. "Droit du travail, droit de la concurrence, droit de la consommation : le rôle de la branche du droit dans la dialectique juridique." Paris 1, 1999. http://www.theses.fr/1999PA010255.
The triangular analysis of employment, competition and consumer law leads initially to studying the concept of an autonomous branch of law. The result of this research is that both the concept of an automous branch and its fruit, the general body of principles, are the fruits of doctrinal activity. Studying this notion amounts, therefore, to emphasising the activity of scholary opinion in the construction of such a division of law. Once this element was established it was possible to describe, form legal sociology's point of view, the role conferre on a autonomous branch of law. Apart from the obvioys role of structuring and rationalising the legal system, it also plays the role of adjusting the system at stake. In order to do this the picture always divides into two, which explains the thesis subtitle : "the role of the branch of law in legal dialectic". The plan is constructed around the outline of the dialectical movements of autonomy. The first part is based on the time when the youg branch of law demands its autonomy in relation to the common trunk. The period of demand is always followed by that of reconciliation, which is dealt with in the second half of the thesis. The synthesis occurs both with the body of general principles and also with the neighbouring branches. The young branch of law therefore plays the role of a laboratory where new solutions are tested and which, once judgede satisfactory, radiate bey on their limits. The coherence of the legal system does not, therefore, appear to be shaken since, once the general body of principles has incorporated the experiences carried out by a branch of law, the latter is only meant to last in the event that it replies to the irreducible purposes of the canons of civil law
Guilloux, Patrick. "Formation professionnelle continue et négociation collective." Rennes 1, 1993. http://www.theses.fr/1993REN11004.
The research work presented to defend the doctorateis composed of three as yet unpublished studies, five articles and a research report written at the request of regional branch of vocational training of 'ile de france'. The subject tackled is negociation on vocational training, its various aspects and different levels of its development : the professional world, the sector, the firm. The thesis provides a global view of the contributions, the functions, the various components of negociation on vocational training ; it also deals with the changes that have affected it, along with the complex relationships between the actors of the negociation and public authorities. The conclusion aims at showing that collective negociation has largely contributed to the structuring and operation of the system of vocational training
Du, Cray Pierre-Édouard. "La compensation entre régimes de sécurité sociale : l'exemple de la branche vieillesse." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10016.
When there are different pension schemes in a social security system, compensation operates financial transfers between them. Pension schemes with youngest members have to pay for the oldest. The main compensation was established in 1974 (law 74-1094 / 24 december 1974). In 2011, it generates transfers for 7,5 billions euros in the first pension pillar. However, the terms of such transfers are legally confused. And financial pressures exerted onpension make a new reform inevitable
Grossetête, Isabelle. "Bloc de branche gauche induit par stimulation ventriculaire droite : valeur des criteres electrocardiographiques d'infarctus du myocarde : etude de 45 cas." Université Louis Pasteur (Strasbourg) (1971-2008), 1990. http://www.theses.fr/1990STR1M133.
Pellissier, Mélody. "Droit du travail et droit des sociétés : étude d'une fragmentation disciplinaire." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0077.
Distinguishing between labor law and corporate law is a habit deeply rooted in legal practitioners. The relationship between the two is often described in terms of opposition. However, the principle of reality calls for more collaboration if one wishes to ensure the protection of individuals and promote the efficiency of institutions. This cooperation has indeed almost become imperative, as these two branches of law have not been spared by two phenomena affecting all systems, especially the legal system: disciplinary fragmentation, caused in particular by the multiplication of levels of specialization, and the development of horizontal relationships between different special rights. Consequently, whether in the development of social norms or corporate law, positive influences are at work and there are permanent points of connection: the presence of employees or their representatives within corporate bodies, the transfer of employment contracts in the event of corporate transactions, the prerogatives of personnel representation bodies during a social decision, etc. The evolution of labor law and corporate law is increasingly reflecting each other. This work explores the diversity of phenomena that can emerge from the interaction between labor law and corporate law and is particularly focused on describing a possible coordination between two areas of law designed to meet sometimes divergent, but most often complementary, objectives
Leca, Marie. "La gestion prévisionnelle des emplois et des compétences du point de vue du droit social." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0402.
He management of jobs and skills is a phrase belonging to the manager vocabulary which gives it a distinct and original organizational dimension. By law the concept has since appeared in the Labour Code of undeniable advertising although it existed before this juridification. She keeps nevertheless a certain dose of mystery partly due to the relationship it has long maintained with redundancies, with the plurality of themes that compose it and the constant changes in its legal system. Since it became an object of social law, she received multiple legal and jurisprudential enrichment. Accordingly, this study which commanded an overall approach to the concept, tends to determine the contours of the management of jobs and skills of the labor law perspective
Chesneau, Laurent. "L'appréhension du fonds de commerce par le droit fiscal." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3068.
Goodwill is an asset that is naturally assigned to the activity of the enterprise. It is distinguished, as an object of regulations, from the economic concept of business or from functional concepts such as establishment or branch of activity. The assignment to the activity, which stems from commercial practice, is verified in tax law, both in terms of the nature of the business, a universality, and in terms of its patrimonial dimension.Goodwill borrows from the theory of universality de facto its own characteristics, the main one of which resides in the duality of approaches of its components, in isolation or as a whole. For tax law, goodwill appears as a flexible item, in which are arranged various elements gathered around the clientele, and may vary from one business to another. The overall approach of the business makes it possible to characterize the whole, when tax law wants to impose a synthetic taxation, whether to exempt a transfer of universality from VAT, to apply the tariff of transfer duties to a transfer of goodwill or a successor agreement, or to assess a uniform charge under concession arrangements. Conversely, the ut singuli approach to universality allows the implementation of more complex and refined taxation processes, which are intended to apply only to certain items. It allows for the specific attainment of certain items of the goodwill, which are subject to a particular tax regime with respect to certain taxes or to apply certain fiscal mechanisms, such as amortization, which require the separation of an element from the goodwill.Goodwill results from the exploitation and constitutes a patrimonial value of which tax law draws consequences, by its positioning in the assets of the balance sheet of the company. Capitalization, combined with the allocation to the business, is the point of conflict between legal and economic approaches to ownership. If the legal approach corresponds to the traditional civil law concept of the right to property, it only partially and contingently covers the economic approach which makes the notion of control over a property or a right prevail. This economic approach leads to the recording of simple rights of use (trademarks or patents used under a licensing agreement) and confuses the nature of the rights held by the owner of the business. The same coexistence of legal and economic approaches is observed in litigations relating to goodwill between both branches of tax jurisdiction of the French court system
Al, Mdagho Almokhtar. "La notion de dommage causé par le dumping selon les accords de l'OMC." Thesis, Tours, 2014. http://www.theses.fr/2014TOUR1004/document.
The purpose of this research is to examine, in accordance with WTO rules and case law, the definition and the content of the injury caused to one part of the domestic industry by dumping. This requires the need to establish the elements to be taken into account when determining then calculating the injury, and to identify a causal link between the injury suffered by the domestic industry and dumping. Once these elements have been established, WTO members are allowed to use anti-Dumping measures aimed at cancelling out the damaging effects of dumping and restoring balance in the local market. Therefore, with the view to avoiding abusive measures to be put in place, WTO rules prescribe three measures which are provisional anti-Dumping duties, definitive duties and price undertaking, as well as their conditions for application
Odoul–Asorey, Isabel. "Négociation collective et droit constitutionnel : contribution à l'étude du processus de constitutionnalisation des branches du droit." Paris 10, 2008. http://www.theses.fr/2008PA100105.
Haïm, Victor. "Etre juge et citoyen : examen critique de quelques branches particulieres du droit administratif francais." Paris 11, 1998. http://www.theses.fr/1998PA111017.
If, as it may presumed, a summary is always possible when a thesis for obtaining the doctorate is presented, it is quiet different when what is presented is a collection of studies which do not have and, seemingly, cannot have between them any direct relationship. Actually and in spite of appearances, that relationship exists. However it should not be sought in the object (the treated topic) as in the thesis, but in the subject (the author of the studies). There is always behind those studies and founding them a doctrine which could be summarized as follows: the judge is also a citizen; if as a judge, he must solve litigations in the respect of the right, as a citizen, he can avoid to reflect on the effectiveness of the institution to which it has the honour to belong and on the legitimacy of the right which he applies. It is this double prospect which explains the two axes of a reflexion which was consigned in a little less than one hundred publications which related primarily to procedural rules, public contracts, immigration rules, community law and french tax system
Lagtati, Kamal. "Les succursales en droit international et européen." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2011. http://tel.archives-ouvertes.fr/tel-00942831.
Roque, Anne-Céline. "La notion d'invention à l'épreuve de l'autonomisation des branches de la technique." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111008.
The starting point of this thesis is the questioning on the reason why the American and French legislators, as well as the draftsmen of the Munich Convention, have not clearly defined the crux of the patent law: the invention. This lack of precision should not be considered as a simple flaw, but as the sign of cautiousness towards a concept that is intrinsically related to the unpredictable development of sciences and technology.Whereas no definition has been given, concordant factors give a sight of what this concept could be: a concrete demonstration of grip on the forces of nature. This guideline which had been designed when the engineer could impose his will on the material and design it at will is questioned by the occurrence of new forms of creation. The invention can always be seen as a tangible proof of technological power when dealing with a household appliance or a joining system; however, human ingenuity has also been used for conceiving software programs or commercial methods which, just like the tool machine, simplify the human work. Hence, it does not seem possible to adopt a single approach of the invention and thus deny reality. Moreover, maintaining a unique conception of the invention would be difficult since the management that human being was supposed to practice on material is, in fact, less ensured, as it is shown for instance by the difficulties that chemists or geneticists face in controlling material. Hence, a one-sided approach of the invention can not be considered. In order to take into account the inflexions of the concept of innovation, scientific works have been based on the idea of empowerment, which can be seen, according to Simondon’s work, as a progressive emancipation of the creations from their creators’ tutorship. This emancipation has been made possible through a better knowledge of the laws which regulate the material and allow the engineer to design creations which break the “traditional” image of the invention (Part I). However, as this knowledge was not sufficient to completely domesticate nature, it also necessary to study the most disturbing aspect of the empowerment phenomenon, in order to foresee all the possible conceptions of invention in the 21st century (Part 2)
Tsampi, Aikaterini. "Le principe de séparation des pouvoirs dans la jurisprudence de la Cour européenne des droits de l'homme." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA008.
What of the idea that a constitutional principle concerning the institutional organization of the State, such as the separation of powers, could be found in the jurisprudence of an international court of human rights, namely the European Court of Human Rights ? Even if it were to be audacious to prove that the judges of the Strasbourg Court apply a precise theory of separation of powers, it, nonetheless remains relevant to answer the question whether the solutions adopted by the aforementioned judges outline a coherent vision of what should be, in their view, the relations between the branches of government. Yet, one should always bear in mind that the theory of the separation of powers, as conceived in the contemporary liberal State, implies the consecration of only a minimum nucleus of solutions
SAUTIERE, FREDERIC. "Etude retrospective d'une serie de 28 protheses aorto-bifemorales implantees par voie retro-peritoneale avec anastomose latero-aortique et tunnellisation retro-pubienne de la branche droite de prothese." Angers, 1992. http://www.theses.fr/1992ANGE1057.
Pacoud, Renaud. "Le judiciaire dans l’Etat : les cours fédérales américaines face au développement de la puissance administrative : 1891-1984." Thesis, Lyon 2, 2011. http://www.theses.fr/2011LYO20034.
Even though political scientists and historians have been able to make sense of the impact of bureaucracy on the Congress and the Presidency, the question of the relation of the federal judiciary with the federal state remains largely untouched, as if the constitutional confrontation of 1937 had settled the issue once and for all, with the traditional narrative of judicial restraint and executive triumph firmly in place. This work aims to suggest and explore another avenue for research, by underlining the importance of earlier, turn-of-the-century developments regarding the institutional evolution of the federal judiciary itself and the development of early administrative law. By shifting the focus of attention away from the New Deal crisis, we show that the complicated relation between the federal judiciary and the federal state did not primarily concern the place of administrative power in the constitutional structure, but rather the institutional identity of a federal judiciary which underwent profound changes before the New Deal. In other words, the federal judiciary has a history, and this has to count for something
Dudin, Bashar. "Compactification ELSV des champs de Hurwitz." Thesis, Grenoble, 2013. http://www.theses.fr/2013GRENM059.
We study a compactification, due to Ekedahl, Lando, Shapiro and Vainshtein, of the stack of smooth curves endowed with meromorphic functions having fixed orders. The original compactification is obtained as the closure of the initial stack in a proper substack. We start by giving two alternative constructions of the E.L.S.V compactification and by studying the deformation theory of its points. We finally link it to the Harris-Mumford compactification by admissible covers and give a modular interpretation of boundary points
Quinart, Emilien. "L'émancipation du pouvoir réglementaire (1914-1958)." Thesis, Lille 2, 2019. http://www.theses.fr/2019LIL2D008.
At the end of the 19th century, the Parliamentary Republic took root by exalting the principles of 1789 French Revolution and rejecting personal power. Following this ideal, the Executive’s power to make regulations is dreaded – only allowed when strictly subordinate to the law supremacy. In the 20th century, the situation has changed. Wars and crises caused an essential transformation of the activities of the State, which disturbed the exercise of legislative functions and republican ideals. This thesis aims to explain how, between 1914 and 1958, the Executive Branch recovered a power to make regulations, that exceeds the mere implementation of legislation. The data show that this emancipation process stemmed from both disruption of practices and constitutional violations, gradually establishing a new law – thanks to the influence of law professors and advisory departments of the Conseil d’Etat. This dynamic relied on the need for Executive regulation to protect the security and the continuity of the State. Progressively, that kind of regulation got an autonomous constitutional basis, and the Executive enjoyed an increased level of discretion to enact it. The result is that, already under the Third and Fourth French Republics, the implementation of legislation no longer defined the source and the scope of the power to make regulations. Finally, these findings allow to challenge the current understanding of the Constitution of the Fifth Republic : the articles 16, 21, 34, 37, 38, 41 and 92 should no longer be considered as “innovations”, but only as a formalisation and a systematisation what previous constitutional law introduced
Quinart, Emilien. "L'émancipation du pouvoir réglementaire (1914-1958)." Electronic Thesis or Diss., Université de Lille (2018-2021), 2019. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247210275.
At the end of the 19th century, the Parliamentary Republic took root by exalting the principles of 1789 French Revolution and rejecting personal power. Following this ideal, the Executive’s power to make regulations is dreaded – only allowed when strictly subordinate to the law supremacy. In the 20th century, the situation has changed. Wars and crises caused an essential transformation of the activities of the State, which disturbed the exercise of legislative functions and republican ideals. This thesis aims to explain how, between 1914 and 1958, the Executive Branch recovered a power to make regulations, that exceeds the mere implementation of legislation. The data show that this emancipation process stemmed from both disruption of practices and constitutional violations, gradually establishing a new law – thanks to the influence of law professors and advisory departments of the Conseil d’Etat. This dynamic relied on the need for Executive regulation to protect the security and the continuity of the State. Progressively, that kind of regulation got an autonomous constitutional basis, and the Executive enjoyed an increased level of discretion to enact it. The result is that, already under the Third and Fourth French Republics, the implementation of legislation no longer defined the source and the scope of the power to make regulations. Finally, these findings allow to challenge the current understanding of the Constitution of the Fifth Republic : the articles 16, 21, 34, 37, 38, 41 and 92 should no longer be considered as “innovations”, but only as a formalisation and a systematisation what previous constitutional law introduced
Le, Bescond de Coatpont Mathieu. "La dépendance des distributeurs." Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20006.
Distributors are economic intermediaries because they offer on the market goods and services produced or served by others (the suppliers). This research demonstrates that the degree of protection offered by the Law to the various distributors isn’t correlated with their degree of dependence towards suppliers. The qualifications of dependence are numerous, incoherent and sometimes artificially restrictive or extensive, in labour law as in business law. Distributors experiencing a same degree of dependence towards their supplier can be treated differently without any justification regarding the grounds of the rules in question. Hence, appear inequalities towards the Law. Therefore, new legal rules are suggested. They would take the form of a statute ruling distributors and replacing the numerous statutes in force at the present time. It would draw a clearer line between labour law and business law and conciliate the distributors’ interests with the freedom of suppliers to organize the distribution of their goods and services. Going other the too restrictive notion of contact and the conflicts between qualifications, this statute would rule the relation of distribution and contain rules comprehending the complex and changing nature of dependence. It would ensure sufficient information of distributors and offer them an income guarantee and various compensations when the relation is terminated