Academic literature on the topic 'Clauses compétents'
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Journal articles on the topic "Clauses compétents"
Trudeau, Hélène, and Suzanne Lalonde. "La mise en oeuvre du Protocole de Kyoto au Canada : concertation ou coercition ?" Revue générale de droit 34, no. 1 (November 7, 2014): 141–97. http://dx.doi.org/10.7202/1027237ar.
Full textBrun, Pierre. "La pollution du partage des compétences par le droit de l’environnement." Revue générale de droit 24, no. 2 (March 5, 2019): 191–225. http://dx.doi.org/10.7202/1056951ar.
Full textVerpeaux, Michel. "Vous avez dit « clause générale de compétence » ?" Commentaire Numéro 129, no. 1 (2010): 81. http://dx.doi.org/10.3917/comm.129.0081.
Full textDuplé, Nicole. "Le contrôle de la légalité : une compétence exclusive des cours supérieures." Chronique de jurisprudence 19, no. 4 (April 12, 2005): 1069–79. http://dx.doi.org/10.7202/042286ar.
Full textRochette, Stéphane. "Les institutions binationales prévues dans le chapitre 19 de l’Accord de libre-échange entre le Canada et les États-Unis au regard de l'article 96 de la Loi constitutionnelle de 1867." Les Cahiers de droit 33, no. 4 (April 12, 2005): 1151–79. http://dx.doi.org/10.7202/043177ar.
Full textLemieux, Denis. "Les erreurs de droit dans l'exercice d'une compétence." Les Cahiers de droit 23, no. 3 (April 12, 2005): 505–16. http://dx.doi.org/10.7202/042507ar.
Full textTerradas, Beatriz Añoveros. "Jurisdiction Clauses in International Premarital Agreements: A Comparison Between the US and the European System." European Review of Private Law 26, Issue 4 (September 1, 2018): 537–77. http://dx.doi.org/10.54648/erpl2018036.
Full textGaudemet-Tallon, Hélène. "Clauses attributives de juridiction et compétence dérivée sous l’empire du règlement Bruxelles I." Revue critique de droit international privé N° 2, no. 2 (April 1, 2019): 470–76. http://dx.doi.org/10.3917/rcdip.192.0470.
Full textHeymann, Jeremy. "Clauses attributives de compétence et cession de créance : du désordre et de l’incohérence." Revue critique de droit international privé N° 2, no. 2 (July 5, 2021): 421–34. http://dx.doi.org/10.3917/rcdip.212.0421.
Full textKenny, Mel. "The Law Commissions 2012 Issues Paper on Unfair Terms: Subverting the System of Europeanized Private Law?" European Review of Private Law 21, Issue 3 (May 1, 2013): 871–91. http://dx.doi.org/10.54648/erpl2013048.
Full textDissertations / Theses on the topic "Clauses compétents"
Tahar, Chloé. "La négation explétive : des impératifs aux connecteurs : approche diachronique et formelle." Thesis, Université Paris sciences et lettres, 2022. http://www.theses.fr/2022UPSLE001.
Full textExpletive negation is a non-canonical negation marker whose distribution is limited, across languages, to a certain set of predicates: apprehensive attitude verbs (‘fear’) exceptive (‘unless’) and prospective connectives (‘before’), comparative clauses (‘more/ less than’). In synchrony, it proves difficult to determine (i) which formal property the heterogeneous set of predicates in the scope of which expletive negation occurs have in common and (ii) which kind of syntactic and semantic dependency to the matrix clause predicate it is involved in. This dissertation investigates those questions from a comparative and diachronic perspective
Kpoahoun, Amoussou Aubin. "Les clauses attributives de compétence dans le transport maritime de marchandises." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32050.
Full textSerageldin, Sami. "Les clauses ayant effet à l'échelle des groupes de contrats." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30052/document.
Full textThe objet of this thesis is to create a method that could explain a phenomenon that has been observed by scholars and practitioners of law for decades; which is the extension end the transmission of certain clauses in chain agreements and contractual sets. Through this method one should be able, on one hand, to justify this phenomenon in regard to general principals of law and, on the other hand, to find an explanation for some necessary derogations to the Law.The first step in this thesis was to find answers for some basic questions about groups of contracts that have a direct impact on our subject. We have demonstrated that the fundament of contractual sets relies in the concept of “economy of contract”. Members of chain agreements and contractual sets should be considered as third parties in their mutual relationships. Direct action, which constitutes the dynamic face of chain agreements, could be analyzed as a multilateral set-off. In multiparty contractual sets, the set could not produce its effects in regard to its members unless it could be proven that the concerned member has knowledge of the existence of the other contracts forming the set and of the links between these contracts and his own one. Finally, in two parties’ contractual sets, it’s mandatory to distinguish between a real contractual set, and complex contract which is merely a contract written in several documents. We have proposed a chronological method to establish this distinction, taking into account the number of times the parties have exchanged their consent. After this preliminary part, we have studied precedents regarding the extension and the transmission of some clauses in chain agreements and contractual sets. Jurisdiction clauses and arbitration clauses are by far the most represented, but other clauses such as clauses of disclaimer of warranty, clauses of limited liability, clauses of waiver of action and clauses of non-competition are also sometimes extended or transmitted to other contracts and/or to other members in the group. Through an analysis of these decisions, we have shown that some of them didn’t have enough legal ground. Using those decisions that seemed to us well-founded, we have deduced a number of rules that could be applied for other cases of extension and transmission of clauses in groups of contracts.The rules that we have deduces from the study of the case law, together with the answers that we have provided for some preliminary questions in the first part of the thesis, have lead us to find the method we are looking for in this study.The first step in this method is to recognize the type of group of contracts involved: is it a chain agreement, a multiparty contractual set or a two parties’ set ?If it’s a contractual set between two parties, the first question should be to decide whether it’s really a contractual set, or if it’s a complex contract. If the group of contracts involved is a chain agreement or a multiparty contractual set, then one should wonder whether the doctrine of privity of contract could form an obstacle against the extension or the transmission of the clause. We have demonstrated in this thesis that article 1165 of the Civil Code is only applicable to clauses that contain an obligation. In order to qualify recognize clauses having an “obligational” content, we have proposed five fundamental elements. If the clause contains an obligation it could not be extended to the other members of the chain agreement or the contractual set. Otherwise, the clause is potentially opposable.There are only two exceptions to the doctrine of privity of contract. The first one, in chain agreements is the transmission of rights to singular successors. This exception could be justified by article 1122 of the Civil Code and by the concept of accessoire. The second exception could be seen in contractual sets where the binding authority of the clause could not be respected unless it is extended to certain third parties
Khalfi, Safaa. "Les interventions économiques des collectivités territoriales au Maroc." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10051.
Full textSince the launch of the decentralization process in Morocco in 1960, the economic role of Moroccan local and decentralized authorities has evolved and has been strengthened, in accordance with the profound changes that have taken place in Moroccan society and economy. The present thesis aims to analyze the legal framework and the different forms of economic intervention undertaken by local authorities in Morocco. It also aims to identify the reforms that must have affected these interventions and to question the degree to which they meet the challenges of economic development and the growing needs of the population. This work examines the extent to which the Moroccan legislation has really provided a framework adapted to the socio-economic reality of the country. In practice, local economic interventions are subject to the principles of economic freedom that limit the scope of these interventions and regulate them. Moroccan local authorities face a number of constraints that hinder the implementation of economic interventions. The constraints are mainly related to the various rigorous controls and the lack of human and financial resources, a great part of which are still monopolized by the central government. The present research study provides an analysis of these different limits, while trying to present of the effectiveness of local authorities interventions in Morocco
Gruel, Emmanuelle. "L'Indivisibilité du litige à l'épreuve des fors de compétence dérivée : (étude de droit international privé)." Rouen, 2002. http://www.theses.fr/2002ROUED001.
Full textThe notion of indivisibility of litigation means that cases of multijurisdictional nature run the ski of not being able to simultaneously execute decisions that will have to be pased. The only occasion when this notion can be applied successfully is where there are several defendants. This notion allows them to attribute powers to a certain jurisdiction be it by way a domestic contract or an international contract. Whilst this notion is never retained in third party proceedings, it is ineffective where the defendant invokes an arbitration clause. A study of the notion shows that it is a result of opportunity and not of public order. The emphasis on the litigation must therefore be dealt with by domestic legislation. The indivisibility of litigation should be left to the internation law because it intervenes with the interests of the intrantional trade
Obbed, Khair Al Deen Kadhim. "Les effets de l'Internet sur les règles de conflit de compétence internationale : comparaison entre les droits irakien, français et américain." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0100/document.
Full textIraqi law defines the contract as the union of an offer made by the contracting party with the acceptance of another party and that in order to establish the effects in the contract. The place of the sales contract under Iraqi law is important. When the parties come from different legal orders, their relations are governed by the private international law which determines the court will decide. This thesis research aims to test the ability to apply the international rules of conflict of jurisdiction under Iraqi law on the virtual contract, which is paperless. We shall see, this is not to mean however that the contract is not real, as clearly specifies Iraqi law. It remains attached to the territory. In contrast, the Iraqi law does not recognize its immaterial that meanwhile ignores borders and notions of territoriality. This reality in the texts and practices therefore makes transactions that occur on the Internet are not taken into account by the rules of international jurisdiction conflicts. That is why, we wanted to check and understand the capacity and effectiveness of international jurisdiction conflict rules in the context of Internet disputes. So we will try to find the most appropriate rules, consistent with the nature of the virtual contract, namely its immateriality. This search will reveal developments in litigation of the Internet. Thus, it takes two directions: first at the national legislation, such as French and US law. Second, at the stage of international conventions such as the United Nations Conventions 2005, Hague Convention, the Brussels Convention 1968 and the 2000 and 2012 regulations
Sultan, Nafea Bahr. "Compétence juridictionnelle en matière de litiges internationaux sur les opérations électroniques de banque." Thesis, Clermont-Ferrand 1, 2015. http://www.theses.fr/2015CLF10475.
Full textThis thesis examines the possibility of applying of relevant French and European rules in the field of litigations arising from electronic banking. The seized court checks its jurisdiction by analyzing disputed subject, identifying the elements of legal relationship, characterizing the parties of the dispute, and establishing that requirements of each rule are met. Once the court exercises its function, it considers the technological factors that may affect the fulfilling way of the legal relationship and dispute over it, as well as taking into account the actual and legal weight of both bank and customer. So that, in order to practice relevant criteria and connecting links in correct, logical and fair way, it is necessary for the court to reconsider it sunderstanding of different aspects of disputed subject. In other words, the court should renew its view on several issues, such as the electronic agreement on jurisdiction, the authority of the bank, the extent of the protection of consumers, the domicile and residence, the concept of bank obligation, the place of signing and fulfilling the contract, the place where the service is provided, as well as the place of occurrence of harmful event and economic damage
Drine, Abdelhakim. "Le choix de compétences dans le contrat de travail international." Thesis, Lyon 2, 2011. http://www.theses.fr/2011LYO22013.
Full textIn international contracts of employment, the parties’ will is significantly enhanced by the choice of competences through the insertion of clauses referring to the competent law or competent judge (private or public). But the eligibility for this voluntary exemption to applicable natural competences requires formal and substantial conditions. Indeed, the disequilibrium that inherently characterizes the employment relationship calls for a strict scrutiny. Assuring the choice made by the weaker thus necessitates protective mechanisms. The intervention of mandatory rules of the place where the employee habitually carries out his work allows the achievement of the aforementioned objective. This is done so by the application of two alternative criteria, in either the law that is the most favourable law to his interests or the law that is most closely connected to the particular situation
Mouralis, Denis. "L' arbitrage face aux procèdures conduites en parallèle." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32044.
Full textThere are two kinds of parallel procedures disturbing arbitration, defined by the parallel claim. If the latter pertains to the arbitration agreement, parallelism is the result of a shortcoming in the performance of this agreement, and can be prevented. If it does not, parallelism is the result of the adequate performance of the arbitration agreement and its relativity. A parallel procedure of the first kind involving the same parties as the arbitral procedure denotes a conflict of jurisdictions, which is sometimes overlooked. Failing to notice this conflict and not resolving it strengthens the development of parallel procedures. A multiparty arbitration agreement may also lead to multiple parallel arbitrations, which could be avoided by easing the carrying out of multiparty arbitral procedures. A parallel procedure of the second kind may be connected to the arbitral procedure. There are several antidotes to such parallelism, including consolidation. Nevertheless, a parallel procedure of the second kind can also restrict the arbitrator’s powers, because this restriction is essential to the accomplishment of the parallel tribunal’s mission. Insolvency or criminal procedures can be bothersome in this way, as well as the application to a court for execution or annulment of a partial award. This peculiar type of parallelism must be put up with, although arbitrators may sometimes ignore it
Fattal, Raghid. "L'évolution de la responsabilité du transporteur maritime de marchandises dans le droit international." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010299.
Full textThe principle of the contract for the carriage of goods is to carry them from place to another. This contract is different from other similar contracts, like the Contract of Tonnage and the Charter Contract. Some International Conventions have created imbalance between the carrier and the shipper. In order to avoid this imbalance, the international legislator has created multiple Conventions. The latest Convection was the "Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea''. The Rotterdam Rules adopted on December 11. 2008 by The UN General Assembly in New York. The main advantages of the Rotterdam Rules are the world reunification of the law of carrying, the rebalancing of shipper's interests and the carrier's interests, the use of one contract for the whole carrying of goods and the modernization of the law of carrying by sea
Book chapters on the topic "Clauses compétents"
Kada, Nicolas. "Clause générale de compétence." In Dictionnaire des politiques territoriales, 67–71. Presses de Sciences Po, 2020. http://dx.doi.org/10.3917/scpo.pasqu.2020.01.0067.
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