Dissertations / Theses on the topic 'Compliance (droit)'
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Mahnhold, Thilo. "Compliance und Arbeitsrecht : insiderrechtliche Verhaltenskonzepte im nationalen und multinationalen Unternehmen /." Frankfurt am Main : Peter Lang, 2004. http://catalogue.bnf.fr/ark:/12148/cb400417830.
Full textLequet, Pierre. "L'ordre public environnemental et le contrat de droit privé." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV043.
Full textProtection of the environment and the contract appear to be sometimes contradictory, sometimes complementary. As a legal instrument for economic activities, the contract contributes to the ecological crisis. This crisis threatens the sustainability of the conditions for a life developed on earth for present and future generations. The objective of sustainable development requires the construction of an environmental public policy to control the conformity of the private law contract with the conservation of the environmental interest.Inducing the existence of an environmental public policy from the multitude of mandatory environmental protection rules, we propose a general theory of environmental public policy and its articulation with the private law contract.The latter reveals that while the validity of the private law contract is conditional on compliance with environmental public policy, the proper implementation of environmental public policy is conditional on recognition of the environmental function of the contract
Lehne, Jens. "Constitutional compliance : a game-theoretic analysis /." Berne : Staempfli [u.a.], 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/522420281.pdf.
Full textBonnigal, Agathe. "Compliance et soft law en matière bancaire et financière." Thesis, Nantes, 2021. http://www.theses.fr/2021NANT3002.
Full textThe soft law norms, rules or principles defined as non-binding acts emanating from public authorities as well as private actors, allow us to understand what is commonly called in French law the droit souple.Traditionnally excluded from the panoply of formal sources of law, soft law norms are most often relegated to the rank of sources born of practice. However, in view of the numerous legal effects they produce and the variety of their manifestations, it is reasonable to think that the soft law norms from which compliance originates have real usefulness in regulating banking and financing activity. The relevance of using soft law as a tool for designing compliance and regulation in the banking and financial sector will thus be the subject of our reflection in the first part of that thesis. After demonstrating the diversification of sources in the normative framework of banking and financial activities, we will analyze the history of regulation. In this respect, we will examine the integration of soft law into the internal legal system. We will then extend our reflection by looking more closely at the practice of compliance, which conceals a complex normative arsenal and ethical obligations aimed at protecting banking and financial institutions against any risk of non-compliance. Therefore, we will attempt to measure the effectiveness of the normative system of regulation in defending private interests but also national issues and determine the progress still to be made to combat its shortcomings. To do this, we will focus in the second part of that thesis on compliance as an expression of the normative densification of soft law in banking and finance
Fournier, Aurore. "La réception juridique en droit privé." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10047.
Full textIn an adversarial context, the acceptance of performance declares free of conformity defects and free of apparent defects the subject and performance of the service characteristic of the contract or a service essential to its performance. The regulated expression of will developing a divestitive effect and a creating effect makes its qualification as a legal act genuine. As a fundamental step in the contractual performance, this mechanism used in several conventions and several fields ensures a balanced protection of each participant's interests, meaning on one side a release and on the other side a verification. The disclosure of a general law of the acceptance of performance, which implies the definition of the concept and its constituent elements, the determination of its consequences and the confirmation of its qualification as a legal act, prompts to more strictness in the use of the acceptance of performance to preserve the balance its ensures
Diaw, N'Deye Fatou. "Programmes de compliance et groupes internationaux de sociétés : étude de droit de la concurrence." Thesis, Nantes, 2020. http://www.theses.fr/2020NANT3018.
Full textWhat is the place of compliance in competition law? This is essentially what the study of compliance programs within international groups of companies responds to. These groups are constantly pushing back the frontiers in their conquest of markets. Only, this conquest at a price, that of respect for standards . Thus, international groups have, a priori, an interest in adopting compliance pro grams in order to ensure the good behaviour of the entire group. In competition law, the adoption of these programs is voluntary. In this respect, competition - compliance differs from other areas of compliance which emanate from a legal obligation. In this context, what are the advantages of compliance programs for international groups of companies? This interest is measured in particular by the context of the adoption of these programs and the economic unity consecrated in competition law. Furthermore, the implementation of a compliance program presents a challenge resulting from the inherent complexity of international groups and a heterogeneous international legal environment. Certainly, compliance is of interest for market protection as w ell as for international groups of companies. Consequently, form the institutional desire for international groups to adopt compliance mechanisms , result the need for the establishment of a precise legal framework relating to the vigilance of parent companies through compliance programs
Jaune, Renaud. "Le droit et la régulation des prix de transfert." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D076/document.
Full textThis doctoral thesis deals with the tax aspects of transfer pricing. ln the context of a globalized economy where the transfer pricing policies and legislations are at stake, it raises the question whether proper instruments of regulation can be set, and if the law is the adequate tool to that end.Indeed, numerous people consider that the major disorders in the regulation of transfer pricing stem from the Arm's Length Principle itself, due to its lack of economic precision and the absence of a global authority against harmful tax competition.To address the issue, we assume that there is more to the Ann's Length Principle than its common definition. Indeed, we show that it can be considered as part of a universal law aimed at neutralizing the effects of the tax differences in the international economic exchange. Such an assumption provides for a criterium to assess the quality of national legislations as well as the relevance of the groups' transfer pricing policies.By analyzing the French legislation and case law, we show that a thorough implementation of the Ann's Length Principle implies not only to copy article 9 § 1 the convention models, but more generally to capture its content and essence by setting the conditions for a proper cooperation between actors. We also explain the relationship between the lacks in the regulation of transfer pricing and the process of setting new rules that takes place around the world, describing the rationale of the BEPS plan and of the various limitations and compliance obligations that Governments impose to the taxpayers. Lastly, we show that building a national legislation with reference to the universal Ann's Length Principle implies a true partnership between the Government and all stakeholders, paving the way to a new manner of debating the law
Dreyfus, Laurent. "Le renouveau de la fiscalité des entreprises à l'épreuve de l'internationalisation de l'économie." Electronic Thesis or Diss., Pau, 2023. http://www.theses.fr/2023PAUU2128.
Full textThe economy has become globalized and digitalized, particularly in the digital domain. The apprehension of this change by public and private actors was achieved through the construction of a new legal order which is the result of the permeability of the various national legal systems, of a dialogue of judges which translates a real dialogue Rights. While at the origin of the internal market an objective of efficiency dominated which resulted in negative integration, an objective of equity took place highlighting the problem of the distribution of taxation between the Member States.This new objective has reshuffled the cards of international and European taxation. It leaves room for regulation of which CSR and compliance are obvious manifestations in our law which take shape at the institutional level through control of the AAI (Competition Authority) and through the influence of soft law.The phenomenon of “legal chrysalidation” concerns significant precepts and offers new guarantees for taxpayers: a “metalegal” ethical rule in the process of being incorporated into the legal order. Hence the renewal of sources in tax law, the problem of relations between the tax judge and the new context already mentioned of tax regulation which disturbs the tax legal order, the erosion of the Kelsen pyramid this which leads to a new, murky and more complex tax order.Furthermore, we cannot make a company mobile between two Member States without taking an interest in tax law and company law. The study concerns the renewal of the sources of tax law but also the substantive law of the Union as well as the procedural law resulting from the dialogue of judges made possible thanks to the preliminary question. It should be remembered that the preliminary question makes it possible to discuss the interpretation or validity of the national standard applied to the taxpayer. Many French anti-abuse measures have been called into question when confronted with international tax conventions concluded with France or with European jurisprudence.The harmonization of these matters was carried out by law.Before initiating this reflection, it is necessary to note the competition between the legal systems of the Member States and note the relative attractiveness of the French territory in contract law and arbitration.Thus the process of Europeanization is both material and institutional. The influence of European case law is considerable. It reinforces the positions of the Commission and influences national courts.We are observing a relaxation of the national rule, an adaptation of the latter with business strategy, a necessary condition for revitalizing the market. This reflection is carried out in conjunction with a renewal of sources.Finally, it is a general reflection on the policy of Union law and more particularly on European competition policy
Desprairies, Armand. "La décision implicite d'acceptation en droit administratif français." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D075.
Full textThe Law of 12 November 2013 enshrines the principle that "silence equals consent" in the French administration. Until then, the opposite was the rule: for more than a century, the silence of an administrative unit when solicited has meant dismissal of the request. This revolutionary principle has been presented by the Government as an efficient mean to streamline the relationship between the administration and its constituents and fight administrative inertia. The doctrinal opinion, however, has been quite suspicious about it. The critics focused on its scope, efficiency and relevancy. The determination of when this new principle is applicable fits partially into the critic, as there are numerous exceptions to the rule "silence equals consent". Despite its consecration as Law, the principle of implicit acceptance remains limited to specific matters. Then we should rather regard it as a partial principle, or even embrace the idea of two rival interpretations of the silence of the administration. Finally, the implementation of that principle relies strongly on how proactive the administration is. The legal regime of implicit acceptance is stuck between the general scheme of administrative decision and more specific rules, which makes it partially ill-adapted. The 2013 reform therefore shows mixed results, but the mechanism of implicit acceptance is still a step forward. It is a crucial lever to a wide-range reform of the administrative action
Zeidan, Zeina. "Analyse de la place des sukuk en droit français." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020027.
Full textThe sukuk are deemed to be a sui generis type of securities, because they supposedly represent a right of ownership on the underlying asset in the interest of their holders. This right of ownership is transmitted through the structuring of the sukuk that allows the junction between its constitutive contracts. However, the classic Islamic law defined the term ownership as the right of use of an asset that entitles the owner for its civil fruits. In addition, the AAOIFI standard 17 does not give the owner a right of disposal of the asset ratio that his securities represent. It also stipulates, that the underlying asset remains attached to the sukuk until the end of the operation. This highlights the collateral role fulfilled by the ownership right of the sukuk holders.Pursuant to the sukuk issue contract, all of the sukuk owners have a personal right against the issuer for the payment of the asset income, held and managed by the latter in their interest. Besides that, asset-backed sukuk which underlying asset is held by the issuer grant their holders a right to the asset performance income during the operation, as well as its proceeds at the sukuk maturity if applicable. Therefore, the sukuk have the bonds’ features as they are defined by the French legislative and case law. Consequently, the sukuk can be issued in France under the bonds’ form and regime either on the domestic or international level, if applicable
Varnav, Mihaela. "La gestion des risques juridiques bancaires : étude appliquée aux obligations d'information, de mise en garde et de conseil." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010281/document.
Full textBanks are exposed to a multitude of risks. In view of the increased focus on European supervision and on consumer protection in the current regulatory framework, it is appropriate to map, evaluate, monitor and control the banking legal risk, as part of the operational risk. For this purpose, the risk management offers the necessary tools to the credit institutions. Its general approach is completely applicable in the legal field and is adapted to the legal requirements on internal supervision, risk management and determination of a balanced and proper level of own funds. Moreover, it provides a new key for the reading of the duties to disclose information, to caution and to advise that the banks have towards their clients. As a genuine expression of the ordo-liberal paradigm, this triple duty demonstrates that the law cannot ignore the social and economic. These duties are useful for the proper functioning of the market and for the social progress, and they are also the sign of a trend towards resetting the balance in contracts, leaving behind the classic concept of theoretical equality between parties to a contract. There are many legal risks in relation to those three requirements of the bank towards its customers, which can have frequent occurrences and very serious consequences. The study of those risks is meant, inter alia, to identify the overregulation, the ambiguities or the lack of regulation in the current legal framework
Bourreau, Léa. "Contribution de la dimension conformité règlementaire à la mesure de la performance des systèmes de management environnemental : Proposition d’un outil de mesure." Thesis, Paris, ENMP, 2012. http://www.theses.fr/2012ENMP0059/document.
Full textThe current research aims to conceive, develop and experiment a tool to measure performance in environmental management systems (EMS). Although different tools already exist, they differ from one company to another depending on contingencies (their environment being different), are difficult (and sometimes impossible) to apply from one firm to another and prevent from making inter-firms (or inter-sites within the same company) comparisons between different EMS. The contribution of the modelling and engineering approach developed in this thesis lies in the formalisation of a new method of measurement of performance in EMS based on the improvement of the measure of regulatory compliance in companies.This specific method leads to the introduction of an operational tool aiming to be used by all companies, whatever their structures (centralised or decentralised over different sites), their activity, their amount of employees, etc. This tool offers to measure the EMS performance, in a continuous perspective of improvement, through its key dimensions, and in particular through, the mastering of regulatory (normative and internal) compliance, the environmental analysis and the elaboration of a planning for proactive andcorrective actions as well as the follow-up of its implementation. Overall, the novelty of this approach results from the particular emphasise put on interrelations existing between those different dimensions in order to enhance standard systems of performance measurement
Akoumianaki, Daphne. "Les rapports entre l'ordre juridique constitutionnel et les ordres juridiques européens : analyse à partir du droit constitutionnel grec." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010318/document.
Full textDespite their differences, the constitutional legal order, the EU legal order and the ECHR legal order, in progress, are strictly bound. However, this kind or relation is not equal to a fusion. Thus, the relationship of the three orders should be studied through the notions of interdependence and competition. Interdependence is manifest if one takes into account the role of the Constitution as the major vector in the building of Europe, ensuring the integration and the implementation of European rights in the national legal order. Hence, the Hellenic Constitution responds to the European rationale and both European legal orders contribute in the enrichment of the national legal order. Likewise, competition is manifest as the national constitutional order is seized by the European orders and its weaknesses appear as conflict sources with them. Therein, a forced transformation of the domestic law is apparent in order to adapt to the European conditions. This conflict situation gives rise to the research of an institution-based solution. A systematic approach of European influences in the national legal order is used in order to reinforce the authority of the Constitution and to restructure the procedural system. While the complexity of the aforementioned orders appears undoubtful, one should stress the institutional and procedural means that allow to favour complementarity and to mitigate competition between these orders
Renucci, Antoine. "Le banquier et le Data Protection Officer (DPO). D'une obligation d'information et de conseil à une obligation d'assistance." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0009.
Full textThe parallel between banking and data protection officer activities is particularly interesting regarding the obligation to provide information and advice, a concept which is undergoing a major change. Our thesis is that this obligation evolves concomitantly for these two professionals but, in the end, takes a different way. In both cases, this obligation tends to become an obligation of assistance of a different nature : in its classical form, the banker has the obligation to provide a passive assistance, but in its current form, the assistance provided by the DPO, is active. This divergence is explained by the difference of needs and logic. In the case of the Banker, the business logic prevails and he can’t interfere. On the other hand, in the case of the Data Protection Officer (DPO), the protection prevails, especially the data protection, which justifies and even imposes his action. It is therefore logical that assistance provided should be passive in one case and active in the other
Dejean-Ozanne, Christophe. "Économie de la donnée et plateforme en ligne : essai sur la pertinence d’un régime juridique contractuel." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10054.
Full textThe development of the Internet and digital technology has produced a revolution leading to the advent of the digital economy. The digital economy is data-driven and dominated by online platforms. The datais characterized by its ubiquity on the Internet. They are the new black gold of the 21st century, the raw material necessary to the development of online platforms. Online platforms have grown to become the key players in the Internet and its economy. Although frequently used, the concepts of data and online platform remain unclear and still need to be determined. The intertwining of online platforms and data makes this even more necessary and true. Indeed, online platforms use data to attract more Internet users and thus, ultimately, prosper. One must bear in mind that web users - like content publishers and right holders (or beneficiary, beneficial owner) - are the platform’s contributors, providing them with the data they need to grow. The link between data and online platforms raises the crucial question of value sharing. There remain some questions: can the data uploaded or stemming from users surfing be appropriated? If so, who retains ownership? An answer can be provided by resorting to a contractual analysis. The contract can be viewed as the legal tool for regulating the exploitation of data by online platforms. Therefore, a new legal regime based on the contract is put forward in order to better regulate/frame the relationships between online platforms and their partners, bearing in mind that the object of those relationships is the data
Polidoro, Giovanna. "Le gouvernement du conseil d'administration des sociétés cotées : étude comparée du droit francais et italien des sociétés." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020038.
Full textCorporate Governance is the mechanisms and processes by which companies are controlled and directed. It provides the framework of rules for distribution of rights, roles and responsibilities within a company. The main question is about the balance of powers and measures taken to avoid and manage conflicting interests between directors and shareholders. Companies are managed by a Board of directors (BOD), appointed by the shareholders to run the company on their behalf. The BOD in turn delegates its authority to the CEO (Chef executive officer) who is responsible for the management of the company. Over the last years, corporate governance in France and Italy has been the subject of considerable revision. As in other countries, the development of corporate governance in France and Italy was initially driven by corporate collapses and financial scandals. Various international initiatives have impacted corporate governance of listed companies in both countries, including, among others, the OECD Principles of Corporate Governance and several European directives and regulations adopted on the basis of the EU action plans of 2003 and 2012 to modernize company law and enhance corporate governance in Europe. The purpose of this thesis is to describe and examine corporate governance reforms enacted by France and Italy between 1995 and 2018 relating, in particular, to the provisions of the French and Italian Corporate Governance codes recommending that the Board of Directors should endeavor to promote long-terms value creation, and to the corporate governance mechanisms ensuring greater transparency in the management of listed companies
Le, Goueff-Duong Meï-Line. "Le droit du développement durable comme facteur de développement différencié des états : de la théorie aux pratiques." Thesis, Poitiers, 2019. http://www.theses.fr/2019POIT3001.
Full textDans un contexte de querelles, de tensions et d’affrontements politiques, économiques et environnementaux entre lespays Nord-Sud, le droit du développement durable apparait comme un instrument potentiel de résolution des conflitsNord-Sud et de conciliation du développement économique avec l’environnement. Ce nouveau droit a également unimpact sur la justice environnementale et sociale dans la mesure où il favorise une double synergie entre la protection del’environnement, le développement économique et l’action des Etats. Les fonctions d’intégration et de conciliation dudroit du développement durable ont conduit à la reconnaissance universelle et l’affirmation au niveau international,régional et national, particulièrement au sein des institutions internationales et du corpus juridique à caractèreéconomique et social (droits de l’Homme) du développement durable. Il a également fait l’objet de nombreusesdispositions conventionnelles, constitutionnelles et législatives. Cette reconnaissance du droit du développementdurable bouleverse le modèle « classique » du système juridique cohérent, rationnel, autonome et hiérarchisé.Cependant, l’émergence du droit du développement suscite des inquiétudes, des interrogations et des controversesinhérentes à sa portée juridique, sa gouvernance trop sophistiquée et aux limites structurelles du fait de l’affluenceconstante de normes et d’institutions toujours plus complexes. De plus, face aux pratiques différenciées des Etats, ilconvient de se demander s’il existe une réelle volonté commune de créer un « nouveau paradigme ». Par ailleurs,l’affirmation du droit du développement durable sur le plan international, régional et national nécessite la mise en placede stratégies de mise en oeuvre effective et efficace du droit développement durable et la participation accrue desdifférents acteurs publics et privés, des ONG, des collectivités territoriales et des organisations internationales dans laproduction et l’application dudit droit. Enfin, il convient de chercher les garanties et de nouvelles mesures de sanctionsafin d’assurer la conformité et le respect avec les normes inhérentes au développement durable, et d’éviter la crise delégitimité du développement durable et une rupture éventuelle des relations internationales
Rivière, Anne. "La régulation des gestionnaires de hedge funds en droit européen et américain : Enjeux et perspectives. Une étude comparée des régimes juridiques issus de la directive AIFM et du Dodd Franck Act." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1005.
Full textThe hedge fund industry manages several trillion dollars in assets. Though they are key players of the financial system, hedge funds remain mysterious creatures. Available only to professional or qualified investors, they managed, for a long time, to take advantage of exemptions and to avoid a heavy regulatory burden. The 2008 financial crisis profoundly changed perspectives and led the European Union and the United States to introduce new regulations targeting hedge funds, through their managers and advisers. This study is a comparative analysis of such regulations, brought about by the AIFM Directive and the Dodd Frank Act. After a brief overview of the industry, both texts are examined and compared so as to identify their respective strengths and weaknesses. Two imperatives emerged out of the crisis: increasing investor protection and preventing systemic risk. In light of these two objectives, part II discusses the validity of the reforms, their scope and their limits. This extensive analysis of hedge fund regulation also leads to broader remarks on financial regulation, its aims, contours and challenges. Finally, a roadmap for a revised version of the AIFM Directive is proposed and concrete measures are suggested, such as the total prohibition of marketing to retail investors and the creation of a global database of systemic risk
Schwartz-Miralles, Johanna. "Le lancement d'alertes en droits français et américain." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0470.
Full textThis thesis is a comparative study of French and American laws surrounding whistleblowing. Whistleblower laws take multiple forms, including prohibitions against whistleblower retaliation in employment, civil, criminal and civil service provisions; laws enshrining whistleblowers’ rights to anonymity or confidentiality; laws imposing reporting duties; laws restricting the right to report sensitive information; laws imposing mandatory whistleblowing procedures; and provisions authorizing whistleblower rewards. Closely examining the various French and American provisions in the field, this thesis argues that these two legal systems embody competing models of whistleblower protection. The French approach is focused primarily on protecting whistleblowers’ fundamental right to free speech; this is also the prevailing model at the European level. The American approach, on the other hand, is less concerned with protecting the whistleblower’s individual right to free speech than with the instrumental value of the whistleblower’s disclosure in preventing and detecting illegal activity. This thesis traces how these competing theoretical models of whistleblower protection manifest themselves, concretely, in legislation and case law in France and the United States
Arrenault, Laëtitia. "L'application extraterritoriale du Foreign Corrupt Practices Act (FCPA) et les réponses européennes." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0006.
Full textOver the past two decades, the fight against corruption has become a top priority, put high on the agenda of international organizations and large economies. Initiated by the United States and materialized by the promulgation of the law Foreign Corrupt Practices Act (FCPA) in 1977, the fight against corruption goes beyond the legal framework and is illustrated by a balance of powers in the diplomatie, geopolitical and economic aspects between various actors at the international level. Resolution vehicles have been integrated to the settlement of American legal proceedings in the corruption cases and a new configuration of international legal and economic relations has emerged, in light of a strong competition between States where the concept of economic war and business intelligence arises. Anglo-Saxon concept and key element of the soft law, the compliance gained its reputation following the 2008 financial crisis and thanks to an international agenda based on the fight against financial crime and corruption. Compliance rules, law and regulations are from now on embedded in the structure of companie and entities, on both si des of the Atlantic. In this context, the European Union builds a new legal framework where criminal law and compliance are essential pillars, but faces difficulties arisini from different visions from its Member States
Duteil, Margaux. "Les contrats de vente d'équidés de sport et de courses." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1045.
Full textAt present, horses are the subject of many interests as heritage wealth. These attributes conferred by the right of ownership allow the establishment of conventions of various natures, such as sale. The interest is therefore to reveal why the establishment of a sale (trial, amicable, public or private auctions, on the internet, voluntary or forced judicial, after seizure or to claim) on an equine raises so many difficulties in recent years. The sale of horses is subject to the interaction of several codes (civil code, rural code, consumer code). These texts foresee many divergences with an inanimate piece of furniture. At the same time, the practice has put in place techniques (such as the veterinary visit that precedes the purchase) enabling contractors to make an informed commitment. Moreover, the application of a two-year guarantee (a true brake on the sale of horses) provided for by the consumer code in sales between a sales professional and an amateur purchaser. Consequently, the multiplicity of legal qualifications, in general, and the submission to inadequate guarantees, in particular, incite the professional seller to vindicate conventions. From now on, the best guarantee of protection would be to write the contract very precisely
Vedani, Julien. "Conceptualisation et mise en oeuvre du processus Own Risk and Solvency Assessment pour l’assurance vie." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE1161/document.
Full textThe Solvency II directive issued in 2009 by the European Commission has been put into action in January 2016. It is based on three pillars. The first pillar addresses the quantitative requirements to assess the Solvency capital needs. The second pillar, more qualitative, addresses the risks governance. The third pillar addresses the required disclosures. For life insurance, the quantitative requirements (pillar I and a part of pillar II) have introduced a high level of complexity. Indeed, to create an entity-adapted scheme, the directive has developed a very specific process to evaluate the insurance balance sheets, namely the economic valuation. Considering this complexity, most European life insurances have chosen to focus on pillar I, at the beginning of the implementation of the directive, the regulatory capital assessment being an essential part of the solvency scheme. In this thesis I focus my work on the second pillar of the directive and more precisely on the Own Risk and Solvency Assessment (ORSA) process. This regulatory tool is the second major source of complexity when implementing the directive. It is a completely undertaking-embedded risk management process which aims to deepen the insurance knowledge of its risks. In my work I have tried to conceptualize and propose operational implementations to answer the ORSA issues (Overall Solvency Needs assessment and continuous compliance). Finally, through a joint work with N. El Karoui, S. Loisel and J.-L. Prigent, we have underlined, analyzed and exemplified some of the major hazard sources induced by the economic valuation
Bahbouhi, Soror. "Le conflit d'intérêts du banquier." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090060.
Full textBanker’s conflict of interests is a hackneyed concept being invoked with each new crisis without being fully seized by the law. Special, autonomous and original, this concept longs earnestly to legal existence. Conflict of interest is the result of an incompatibility of a power and a duty being simultaneously in the hands of the banker. It is the situation where the banker has the power to affect an interest, pre-defined as superior, that he has the duty to protect. The concept stands at the heart of the fiduciary and agency law governing a considerable part of banker-client relationship, but is not restricted to this area and can both flourish outside the contractual context. Banker’s conflict of interests assumes the existence of a prior : a relationship of trust, which it maintenance appears to have justified many and disparate rules. Mainly inherited from regulations specific to investment services, it appears, after a critical review, that they fail to fully understand the conflict of interest in this area, let alone within its sphere of expression, which extends far beyond. A better legal management of the studied object then imposes a search for simplification and efficiency. In a prospective approach, analyzing the interpretation of legal concepts to which recourse is made to control the contractual Banker’s conflict of interests reveals that the obligation to manage the conflict of interest has common features with the traditional guarantee obligation. A comparative approach of the Anglo-American law confirms the unique nature of the banker's obligation facing the conflict of interest. Such an obligation necessarily require specific rules and a draft is being proposed in the thesis
Glais, Estelle. "Le contrôle français des opérateurs économiques : Pour un meilleur équilibre entre le renforcement de l’action publique et le respect des droits fondamentaux." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G011.
Full textThe powers and enforcement methods used by the french economic control authorities constantly changed since the beginning of the 00s. In many aspects, these new prerogatives and approach have raised concern, as the amount of sanctions imposed to the operators exploded. One of the problems relies in the fact that, willing to foster a quicker and more effective public action, the legislator accepted to give more autonomy to the authorities, especially vis a vis the courts and judges. Thus facilitating the concentration of powers in the sole hands of the control authorities, which in many branches of economical regulation, are now able both to prosecute and impose penalties. However, since 1992, a growing array of fundamental rights have been attributed to the economic operators as legal persons, especially the right to have a fair trial, and to have access to legal recourse. The aim of our research, is to determine how the equilibrium between the law enforcement and the respect of this fundamental rights could be improved. After analysing the different hard spots in the procedures of the french authorities regarding fundamental rights, several solutions are proposed, classified in two categories: Upstream, the measures that could be taken to improve the legal security of economic operators in France ; The more targeted measures to be taken regarding the major hard spots in the authorities powers and procedures
Do, Cabo Notaroberto Barbosa Hermano Antonio. "Les échanges internationaux de renseignements fiscaux : recherches sur un paradigme fiscal limité." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020086.
Full textInternational co-operation through the exchange of tax information, a classical but marginal issue, has been renewed to become one of the most sensitive subjects of international tax law. Despite all the political and legal efforts made in recent years, and despite the fact that these efforts are real advances in legal technology and administrative efficiency, there are reasons to believe that international tax co-operation still faces different limitations to operate in a worldwide level. This thesis aims to identify the existence of a general legal regime for the exchange of tax information, fairly homogenous in terms of content and application, in view of the main non-EU normative models available nowadays, including those of automatic exchange. Afterwards, the thesis examines the scope of this general regime in order to frame limits to the exchange of tax information and to propose legal solutions to overcome them
Wrazen, Céline. "Fiscalité et réciprocité : Vers une mutation des relations entre l'Administration fiscale et le contribuable." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30110/document.
Full textEssence of social relations, reciprocity is the fundamental principle which governs human exchanges and defined the balance of their relationships. Protean and functional, it remains a delicate notion, between cooperation and struggle, in sociology but also in law. This balance cannot rhyme with equality when we study public relations: people don’t act behind a veil of ignorance and Administrations must work for public interest. The hiatus displayed, it is embodied basically in the unilateralism and legality of tax law. The reciprocal character is not excluded from these relations; from equality, it could be the anthropological and legal concept, serving each one, proportionally. Source of the human values and structures, from the family organization to the society organization, reciprocity colours both tax system that more special instruments. In accordance with its double nature, it may be in the form of “revenge” – tax compliance and tax inspection, failure to fulfil tax obligations and tax adjustment... – like in international law, but also in the form of “alliance” – Charters, tax audit, transaction... – like in contract law. Stabilizer, reciprocity is related to the renewal of these relations at all stages of the tax procedures – taxation, control, litigation – in the sense of a necessarily differentiated balance, which leads to an exchange of goods in the asymmetric conservation, or simply deferred, of the interests of each one
Bouazzaoui, Rhita. "Réglementations Financières et Gouvernance par les Risques : le cas des entreprises non-financières françaises soumises à la réglementation Sarbanes Oxley." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100045.
Full textRisk oriented disclosure is a central issue of listed companies communication. Many Risk-based regulations have been implemented in the US and Europe to promote transparency about risks and controls mechanisms. Under the requirements of the SOX, executives must certify the public company’s financial results (section 302) and have to issue a report on the effectiveness of the company’s internal controls over financial reporting (section 404). The increase of mandatory risk reporting leads to the question of whether or how the French non-financial companies cross-listed in the US and France are compliant with these regulations. In this context and across corporate communication, it is argued that different levels of risk control’s formalization can highlight original typology of compliance and corporate governance. This research uses a longitudinal case study in order to explore the implementation of risk control measures and the risk narrative disclosure strategies to enhance organizational legitimacy. The collected data (interviews, risk disclosures within annual reports) are subject to a content analysis through COSO2. A second step is a statistical analysis to discriminate strategic responses over the time and between companies. Empirical observations point to different strategic responses to institutional processes based on two periods as well as economic and strategic business concerns. The first phase shows that risk control process is structured in order to build the auditability of organization. While, in the second phase companies develop different strategic responses more consistent with their concerns
Bouvier, Laure-Alice. "Le Conseil d'Etat et la confection de la loi." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020049.
Full textIf we stick to a formal vision, participation of the Council of State in making the law appearsmalrked by a remarquable permanence and stability since its inception in the year VIII. Acloser examination reveals a more complex truth. Until its constitutionalization in the FifthRepublic, the participation of the Council of State in making the law was faced with theproblem of legitimacy. This is a different issue that the Council of State is currently facing inthe exercise of its legislative function, the one of its expansion in public institutions since theconstitutional revision of the 23th July 2008 which amended its place in the legislativeprocess. As part of its participation in the law, the Council of State has also to deal with thetransformations the legal system has to face today, and in particular the phenomenon ofdiversification of sources of law that controls a necessary adaptation of its organizationalframework, its methods and its analytical framework
Sabil, Mariem. "L’autorité renforcée des accords multilatéraux sur l’environnement : essai sur la nature, la place et la fonction de la procédure de non-conformité." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30106.
Full textMultilateral agreements on the environment are generally characterized by their normative authority diminished because of the difficulties for states to ensure their effective implementation and efficiency. The non-compliance procedure, for the first time experienced by the Montreal Protocol on Substances that Deplete the Ozone Layer and extended since then, attempts to provide appropriate solutions to the peculiarities of this branch of public international law.The study of its development, its evolution and sophistication through its nature, its place and function and to determine whether this technique helps to strengthen executive authority of multilateral environmental agreements
Mercorio, Philippe. "Le vote par internet à distance : est-il conforme aux exigences du droit électoral québécois et canadien?" Thèse, 2007. http://hdl.handle.net/1866/2456.
Full textTo come to an answer, this thesis employed a three step approach; firstly, we determined the guiding principles which ensure an election's legitimacy. Secondly, we refined our research by retaining only the principles relevant in an electronic context. The vote must abide by the following principles: Vote for all, periodicity, equality, secrecy, freedom, safety and transparency of the process. Thirdly, we transposed the stages of the electoral cycle on the Internet. The identified problems are more political than they are legal or technical. For instance, the confidentiality of the vote can be helped with the use of cryptography, and the introduction of the multiple individual vote, which would make it possible to record only the last vote cast. The safety of the process can be reached by measures of physical protection of the servers, a continuous control mechanism and an access to the source code of the voting software. Accessibility to the technology could be increased with a network of public access points to the Internet, and with education clinics. With respect to the handicapped voters, the voting software should comply with recognised principles of accessibility. To identify the voters, shared secrecies between the voter and the electoral authorities could allow a dematerialisation of this procedure. In conclusion, the spirit of our electoral laws would allow for the introduction of an Internet voting process.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de LL.M. en droit option droit des technologies de l'information"
Parente, Freire Moreira Caroline. "Les lois anticorruption brésilienne et canadienne et leurs effets sur la compliance des entreprises au Brésil." Thèse, 2018. http://hdl.handle.net/1866/22786.
Full textBrunelle-Quraishi, Ophélie. "The relevancy and effectiveness of the United Nations Convention Against Corruption." Thèse, 2010. http://hdl.handle.net/1866/9037.
Full textThe United Nations Convention Against Corruption (adopted in 2003) is the first global in-depth treaty on corruption. This work attempts to assess its significance by analyzing its provisions, in particular concerning the areas of prevention, criminalization, international cooperation and asset recovery. It then seeks to assess its relevancy and effectiveness by giving an overview of the Convention's main compliance challenges, as well as other existing initiatives that tackle corruption. Although the Convention innovates in many respects, it is argued that it also suffers from weaknesses that cannot be overlooked, preventing it from having a real impact on States' behavior.
Saint-Paul, Fritz Robert. "L'exécution des décisions de la Cour internationale de Justice : faiblesses et malentendus." Thèse, 2006. http://hdl.handle.net/1866/2358.
Full textOne of the main criticisms addressed to international law from the 16th century denounces the weaknesses of its enforcement's mechanisms. For this reason, some positivist thinkers question its existence. This thesis studies complîance with decisions of the intemational Court of Justice. To do so, it examines mainly Article 94 of the United Nations Charter, which takes both their binding effect and their enforcement into account. On one hand, the obligation of execution in the spirit of a consenting justice has been analyzed. A special attention has been paid to the conditions under which a dispute is presented to the Court and the practice followed. This step helps understand the fundamental role of the parties or tierce in the post-judicative phase. On the other hand, emphasis has been placed on the legal framework for enforcement of the lntemational Court of Justice's decisions. The role of the Security Council of the United Nations under Article 94 (2) has been emphasized. Its action in a case of non-compliance with a final judgment or an order indicating provisional measures is uncertain because one of the five permanent members may use its power of veto. Other remaining possibilities such as the recourse either to some intemational institutions or to unilateral coercive measures may not be of a greater practical importance. This research concludes that the strengthening of the procedure under Aliicle 94 (2) is not an option for improvement as long as the international society is not sufficiently integrated.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit international (LL.M)"
Alvarado, Granados Keren Dayana. "Éthique des affaires et conformité : de la gestion des risques à une culture d’entreprise." Thèse, 2019. http://hdl.handle.net/1866/22777.
Full textKalaydzhieva, Varka. "Right to asylum and border control : implications of european union policies on access to EU territory of people in need of international protection." Thèse, 2012. http://hdl.handle.net/1866/9668.
Full textFor many years, EU member states have imposed strict controls on asylum and have often failed to respect their commitment to provide protection to persons fleeing persecution. Many of the controversial EU policies of deterrence have been developed by different member states and implemented on an EU level. Some of those policies have been copied and brought negative changes to the refugee law system in other countries, such as Canada. Under the minimal standards imposed by the EU legislation, the states are adopting and putting in place policies and practices whose compliance with the international human rights obligations is questionable and criticized by the UNHCR and NGOs. Some of the most controversial policies and practices put in place are in the area of border control. Aiming to compensate for the abolishment of internal borders, EU member states are imposing nearly insurmountable barriers to asylum seekers who find themselves suffocating in migration centres in North Africa, turned back or left to die at high sea.
Amiot, Laëtitia. "L'incorporation des normes internationales de droits humains dans la législation bolivienne : lorsque les mouvements d'enfants et d'adolescents travailleurs s'en mêlent." Thèse, 2019. http://hdl.handle.net/1866/22749.
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