Dissertations / Theses on the topic 'Conditions de validité du contrat'
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Kao, Wiyao. "Le contrat portant sur une chose future : essai d’une théorie générale." Electronic Thesis or Diss., Poitiers, 2020. http://www.theses.fr/2020POIT3015.
Full textThe expression "contract relating to a future thing" means that the contracting parties may validly stipulate that the thing due will be future; they may thus contract on a tangible or intangible thing that does not yet exist, at least in its entirety. Since the Roman sale of a future thing, contracts relating to a future thing have diversified. The practice of these contracts has become commonplace because of their economic importance. Taking the measure of this diversity and richness, reflection on the contract for a future thing has been considered under the heading of general theory. Contracts relating to a future thing are familiar figures without necessarily being noticed. It was necessary to identify them first of all. What characterizes them, and what is quickly apparent, is that each of these contracts presupposes a future thing which constitutes their object; this study proposes a clear and distinct definition of them. What is perhaps less obvious from an analysis of these contracts, and yet characteristic of them, is that they are always commutative contracts and not random contracts. This feature shows that the Roman theory of the sale of a future thing, as it has always been presented, must be used today with great care to explain the whole mechanism of the contract for a future thing. The identification of the contract relating to a future thing continued with a reference to anticipation. This is a doctrinal explanation of former article 1130, paragraph 1, of the Civil Code, which provided: "The subject-matter of an obligation may be a future thing". It explains even today, after the reform of the law of contract, the new article 1163, paragraph 1. These three references or criteria (the future thing, the absence of contingency and anticipation) have made it possible to identify, on the one hand, special contracts relating to a future thing and, on the other hand, contractual securities relating to a future thing. Once the various contracts relating to a future thing had been identified, it was important to study their legal regime in a second stage. A contract relating to a future thing is distinguished by two common and specific rules: first, the debtor is under a prior obligation to do something which consists in making the promised thing happen by participating in its creation or by executing another contract; and second, the creditor has a possible right, which is the pure and simple right in germ, in favour of the creditor. Moreover, most of the developments on the validity and non-performance of a contract relating to a future thing fall under the general law of contract. The problems discussed did not make it possible to identify any specific features relating to the aspect of the future thing, the object of the service.In terms of the concept and the regime, there are a total of five common criteria and rules on which to base a general theory of the contract relating to a thing in the future
Hacala, Jean-Daniel. "La nature et la validité du contrat de services esthétiques chirurgicaux." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23439.
Full textTchotourian, Ivan. "L'affectio societatis, critère de validité et de qualification du contrat de société." Thesis, Nancy 2, 2007. http://www.theses.fr/2007NAN20012.
Full textThe affectio societatis remains a useful notion. The judges and the authors take into account its presence to determine the nullity, the fictivité and the qualification of "company" or "partner". The affectio societatis is a criterium used on two plans. On one side, the affectio societatis is a criterion of validity of the social orders. In its absence, the nullity of the company can be pronounced and the fictivité of the grouping can be recognized. In contrast, its presence returns more than doubtful the validity of companies created in sleep. On the other hand, the affectio societatis is a criterion of qualification of the contract. In the first place, it intervenes to establish the existence of companies devoid of moral personality. Secondly, it intervenes to distinguish the company of the other forms of common property, groupings (association, G.I.E., syndicate) or of contracts (work, loan, lease, sale, mandate, franchising, concession, enterprise, publishing, collaboration). The moldable characteristic of the affectio societatis not preventing inevitably from confining it, a proposition of definition can be made : the affectio societatis is the will to integrate a group, endowed or not with the legal personality and in whom each will collaborate actively with the other members or the organs in the march of the business, in the realization of a new and common economic objective, at the same time as each will contribute to the risks of the company
Julea, Felicia. "Conditions de validité de l'Élastographie par Résonance Magnétique." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLS053/document.
Full textMagnetic Resonance Elastography (MRE) is a imaging technique, recognized as a pertinent method for the mechanical characterization of human tissue in vivo. It offersa particular interest in clinical diagnosis because the development of a pathological process is often accompanied by modifications of the mechanical properties of diseased tissues. MRE consists of recording, along the three spatial dimensions, the displacement field induced by the propagation of a shear wave generated by excitation of the investigated tissue. Mechanical parameters such as shear wave velocity, v, and shear moduli, G' and G'', can then be mapped. The quantification of the mechanical parameters depends on the frequency of the mechanical excitation, fexc, the spatial resolution, a, the amplitude of the induced displacement field, A and the amplitude of the curl field displacement, q, with associated measurement errors, ΔA and Δq, (related to the signal-to-noise ratio, SNR) and finally the reconstruction method. All these parameters were considered to determine the precision and the accuracy of the estimated mechanical moduli and to establish the conditions of validity of MRE following the inversion of the differential equations of the displacement field. In this work, first A and A/ΔA were considered to define a validity threshold for MRE. The influence of A and A/ΔA was studied on a heterogeneous phantom acquired using a 1.5 T MRI with two different types of coils. In a first study, the displacement fields were acquired as a function of A using motion-sensitized spin-echo (REF) and gradient-echo (FFE) sequences for an isotropic spatial resolution of 1 mm. In a second study, the displacement field was acquired as a function of A using RFE for three different spatial resolutions. These studies revealed the existence of a threshold in A/ΔA beyond which the extracted parameters (G', G'') reach a plateau and the MRE is reliable. Then the number of voxels per wavelength, λ/a was considered as a parameter determining the conditions of validity of MRE. This parameter was studied according to the quality of the acquired data characterized by the ratio q//Δq. Simulations were carried in a homogeneous and isotropic elastic medium with a SNR between 5 and 30. The accuracy and the precision of the measurements were found optimal for 6 to 9 voxels per wavelength. The simulation conditions were experimentally reproduced at 2 kHz on a home-made polyvinyl alcohol phantom. The displacement fields were acquired at 11.7 T using a motion-sensitized RFE sequence with spatial resolutions ranging from 150 μm to 300 μm in order to obtain a λ/a ratio ranging from 1 to 20. The experimental results fully confirm the predictions of the simulation. The shear wave velocity decreases with λ/a. It tends towards the expected reference value when the acquisition is performed in the optimal condition, namely here when a is less than or equal to 200 μm. In addition, the standard deviation of the shear wave velocity is reduced for the optimal conditions. Therefore, accurate estimation of mechanical parameters could be deduced. This thesis first demonstrates that the precision and accuracy of MRE are optimal when the acquisitions are performed or processed for a certain wavelength sampling range determined by the SNR. We also showed that for fair comparison of the results, MRE must be carried out in a similar range of q/Δq. Taking into account the conditions of validity of MRE, determined by the ratios λ/a and q/Δq, leads to an effective quantitative measurement of the mechanical parameters making it possible to establish a relevant clinical diagnosis within the same organ, the same subject, between subjects or over time
Pourre, Jean-Bernard. "Les conditions de la formation du contrat sur Internet." Versailles-St Quentin en Yvelines, 2003. http://www.theses.fr/2003VERS016S.
Full textThe Thesis supported by Mr Jean Bernard POURRE, on September 30th 2003, devoted to the conditions of the formation of the contract on Internet proposes to examine how is formed the legal document which is the contract by means of Internet. According to the traditional analysis, this thesis intended for the experts present according to two parts, the expression of the consent on Internet, then the existence of an exchange of consents. The first part analyses the expression’s method of the consent through electronic instruments: the offer and acceptance. The second part, after having mentioned the question of the law applicable to the validity and the proof of the contract develops the problems of the proof formalism relating to the consent and the validity of the exchange of the consents. The thesis studies particularly to the technical aspects of Internet and the electronic signature as well like expression means of the consent as like proof of the existence of the consent
Schall, Barbara. "La notion de condition dans le contrat." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30003.
Full textBeyond the various meanings of the concept of condition, this notion remains essential in contractual theorie. Under the article 1168, a condition produces its effets upon the obligation and disthinghishes itself from a constructive condition, affecting the existence of the obligation. Its origin may be contractual ou legal, implicit or tacit. This is a functional notion applied for its effects, determined by their resolutory or suspensive characters. Technically, this notion is delimited by the different categories of conditions and by occurance of a futur and uncertain event. The different conditions determine the very scope of an obligation. The fortuitous condition does not lead to particular problems. Theoretically, a potestative condition distinguishes itself from the potestative right of option and from the performance of an obligation as well. Homever, the conditional obligation may be the conterpart of an option right, underlying the formation of a contract, such as in the case of unilateral promise. Certain option rights of performance, such as the option of withdrawal or the right of reversion, involve a conditional obligation. Fulfillment or non-performance of a contractual obligation may condition certain effects of a contract or an option right, such as in the clause of reservation of property or in the resolutory clause. The mixted condition acts in triangular legal transactions. A third party intervening is a condition to the binding power or the opposability of a contract. When the contract is subject to an autorisation by a third party, the condition becommes a technical mean to put off the legal formality of validity. The conditional obligation, in its restricted sense, is all very useful in the cas of services witch have by essense futur and uncertain effects, such as the obligation of future thing, the aleatory contract or plural obligations by their subjects or their objects
Erimée-Chanteur, Manuella. "L'entrée payante dans le contrat." Thesis, Antilles, 2017. http://www.theses.fr/2017ANTI0171/document.
Full textThis study intends to theorize the application of admission charge into contracts. It can be regarded as a preliminary and decisive monetary obligation imposed upon one of the parties, determining the finalization of the contract. The union of several pre-contractual duties under this sole term allows to put forward a unified vision of the question before going into particularities. De facto, admission charge is subject to various manifestations and so are its justifications. «Engagement» or «supplementary» pre-contractual monetary obligation issues continue to arise regarding the validity of these obligations in accordance with the principle of freedom of contract. While there can be no denying the existence of legal instruments likely to ensure its regulation, it remains inefficient nonetheless. Henceforth, creating a general standard to regulate such practices ought to be seriously considered
Cabana, François. "Faisabilité et validité de l'évaluation physique en téléréadaptation pour des conditions orthopédiques au membre inférieur." Mémoire, Université de Sherbrooke, 2008. http://savoirs.usherbrooke.ca/handle/11143/3915.
Full textBloud-Rey, Céline. "Le terme dans le contrat." Paris 2, 2001. http://www.theses.fr/2001PA020055.
Full textKassoul, Hania. "L'après-contrat." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0026.
Full textDoes anything remain after the end of a contract? Generally, we easily believe that the relationship between economic partners and the duration of their contract stop at the same time. But this belief is built on a simplistic vision of the real economic world. When the contract duration is over, some economic interest must be preserved. That is why wise partners anticipate a follow-up to the extinguished contract, by stipulating postcontractual obligations. But, even if there is no anticipation, a regulation does exist with standard legal rules or judges’ framework. A real optimization of the contract law is expanding, to maximize the benefits arising from the contractual experience and minimize the risks led by the postcontractual freedom. That is how the Contract shows a specific aspect: it becomes a social institution which considers its economic context, serving the relational dimension of the partnership. Definitely, the relationship between the partners can last above the duration of the contractual instrument. By this way, the post-contract put into perspective the contract in an existential addition which is composed of three parts: the precontractual, the execution and the postcontractual time periods. In this configuration, the term is seen as a mark which encloses a duration (temporal criterion) and turns the contractual obligation (substantial criterion). Indeed, the post-contract nature is dual, contractual and extracontractual at the same time. That is why we will treat our subject from both and complementary criterions, saying that the post-contract is a time period out of the contract, whereas it shows concurrently the contract out of its own duration
Guilbaud, Thomas. "Le contentieux des tiers au contrat administratif." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
Full textThe field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Koleck-Desautel, Sonia. "La notion de modification du contrat de travail." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40038.
Full textJacobi, David. "Mesures de l'activité physique en conditions de vie courante : validité et applications chez des sujets peu actifs." Thesis, Tours, 2011. http://www.theses.fr/2011TOUR3306/document.
Full textPhysical inactivity is a risk factor for chronic diseases and is recognized as a major public health issue. Validated methods are essential to describe accurately physical activity (PA). The 1st aim of this work was to assess the validity of PA assessment techniques. The 2nd was to compare the results of recall questionnaires evaluating PA context with objective PA measures. The 3rd was to assess the usefulness of objective methods in the assessment of some determinants of PA. We measured free-living PA with different methods (indirect calorimetry, actimetry, recall questionnaire assessing PA context) in individuals with low PA levels (obese subjects, type 2 diabetic patients, inactive subjects). The results highlight the usefulness but also the limits of the methods of PA measurement in daily life conditions. The choice of an assessment method will influence the study results and must be adapted to the unique ways in which the least active individuals engage in PA. Selecting the appropriate method is a pre-requisite for improving our knowledge on the relations between PA and health in order to guide PA promotion in the least active segments of the population
Bailly-Masson, Claude. "Autonomie de l'entreprise : enjeux et conditions." Grenoble 2, 1999. http://www.theses.fr/1999GRE21014.
Full textThe firm must be autonomous as far as the patrimony and the decision are concerned. This autonomy is closely linked to the legal structure of the firm. The sole trade doesn't allow a great autonomy because the firm is linked to the patrimony and to the person of the sole trader. The first obstacle met by the sole trade is in connection with the private law. According to the principle of the unity of patrimony, the sole trader has unlimited liability. This principle also leads problems for the transmission of sole trade. There are also obstacles dealing with the fiscal and social fields. There is no independent taxation of the sole trade because it is taxed in the category of the bic of the irpp. From a certain level of turnover it is necessary and natural that the sole trade should choose the private limited company or the limited company to obtain a better autonomy. They offer a good solution to the problems of the sole trade : - in private law terms (limited liability, easier transmission) - in social terms (the shareholder manager of the company is considered as a salaried-employee) - in fiscal terms (autonomy of the taxation of the firm) the "affectio societatis" being an element whose existence can only be either potential or can become real again especially in a period of crisis, the limited liability company or the limited company could be considered as a means to affect a patrimony to a given activity and to give autonomy and independence to the firm. Nowadays, the fiscal law enables the choice of the limited liability company or the limited company at a lower cost. The french eurl (company owned by a sole proprietor) "de lege lata" offers a solution to the drawbacks of sole trade in private law terms (theorical limited liability, easier transmission). In social terms, the shareholder, director ot the eurl, is not considered as a salaried employee. In fiscal terms, the eurl is taxed in the category of bic of irpp
Juillet-Regis, Hélène. "La force obligatoire du contrat, réflexion sur l'intérêt au contrat." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020034.
Full textThe binding force of the contract has a universal effect. This consensus contrasts sharply with the debates that affect the rules governing the binding force : what is the basis of contract ? Should the “cause” and the subject matter (“l’objet”) of the contract remain conditions of its validity ? How to adapt the protection of the consent to standard form contracts ? Should the regime against unfair contract terms be part of ordinary law ? What role should “good faith” play ? What role should the judge play ? Should we accept judicial revision for unforeseeability ? What role should objective interpretation play ? What importance should article 1135 of the French Civil Code have ? What sanctions should be associated to the termination of contract ? Is there a hierarchy between these sanctions ? How to reconcile the proliferation of the exceptions to the principle of intangibility of contract and the overall consistency of the binding force ? To all of these questions, among others, the study intends to answer by uncovering the link that ties together consistently all the rules on the binding force: the point to the contract, which refers to the essential (and “essentialized”) elements that are key to the consent of the parties. Structured around this link, the binding force promotes and ensures the protection of the point to the contract, pursuant to the utilitarian and the social functions assigned to it. Being both the basis and the measure of the binding force, the point to the contract unifies the body of law that governs it
Medjad, Karim. "Conditions de mise en oeuvre de l'exploitation des nodules polymétalliques : quel contrat pour quel marché ?" Paris 1, 1993. http://www.theses.fr/1993PA010066.
Full textSeabed mining is no longer considered as feasible. This dssertation is an attempt to challenge this opinion. In roder to give responses to every objection raised, a multi-disciplinary approach was needed, and a joint-venture agreement was set as a final objective in order to test whether the suggested legal and economic responses were "competitive" when compared to land-based exploitations. This dissertation concludes that a decision must be made repidely, but does not demonstrate that seabed mining will soon begin
Palvadeau, Émmanuelle. "Le contrat en droit pénal." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40048/document.
Full textAs a « bedrock of the legal order », the contract is not ignored by criminal law. Unquestionably present in many offences, the contract is the object of specific conceptions that the doctrine find here and there as signs of the autonomy of criminal law.However, the presentation of the contract in criminal law through the statement of fact that autonomous solutions exist, is not sufficient. It doesn’t allow establishment in a positive and rational way, the real definition of the contract in criminal law.By refusing transposition of the entire contractual settlement, current law expresses the principle of a selection and that the purpose of criminal law may clarify it in a decisive way.Then, the contract in criminal law appears, resulting of a functional selection from the dispositions of contractual settlement: only the ones which maintain the aim of criminal law must be distinguished
Iye, Ali Moussa. "Le Pouvoir du verbe et la force de la loi : étude du "Xeer", contrat socio-politique des pasteurs Issas." Grenoble 2, 1988. http://www.theses.fr/1988GRE21015.
Full textThe object of this research that can be situated in the context of the work concerning the cuchitic populations of the horn of africa in general and the somali people in particular is the study of the "xeer issa" - the socio-political contract of the issas - the issas tribe is one of the bigest somali tribal groups they have founded what was called the "pastoral democraty" - this work describes and analysises for the first time the structures of the penal law and the political constitution of the issas tribe confederation united by the "xeer" - this study tries to explain the specificity of that contract by localising the issa people in their human, geo-physical and his- torical environnement : the horn of africa -
Béasse, Muriel. "Conditions d'énonciations et stratégies d'écriture des narrations journalistiques du web : les renouvellements d’un contrat de véridicité." Doctoral thesis, Université Laval, 2021. http://hdl.handle.net/20.500.11794/67963.
Full textCette thèse s’intéresse à la compréhension des transformations contemporaines de l’écriture journalistique à l’aune de la mission de vérité traditionnellement associée à cette activité. Ce mandat social idéalisé fait partie de l’imaginaire de la profession et participe à la légitimité de la pratique journalistique. Il trouve une résonance contemporaine, dans un espace public en mutation où les entreprises médiatiques et les journalistes expérimentent de nouvelles façons d’informer. La recherche porte sur des narrations journalistiques multimédias exploitant les spécificités de l’écriture numérique (webdocumentaire, scrollytelling, long format…). Notre hypothèse est que les renouvellements en jeu dans ces dispositifs d’information se négocient dans la dimension coopérative du web. La recherche s’appuie sur l’analyse d’un corpus de cinq récits produits dans les médias d’information français dans la décennie 2009-2019. Elle est complétée par des entretiens avec leurs auteurs et des acteurs de la production. En documentant une pratique émergente du webjournalisme, ce travail rend compte d’expériences d’écriture entre narrativité et numérique qui contribuent à une reformulation du contrat de véridicité du journalisme.
This thesis focuses on seeking to understand the tension between transformations in contemporary journalistic writing and the obligation of truth traditionally associated with this activity. This idealised social mandate speaks to the appeal and to the legitimacy of journalistic practice and has a strong echo in the shifting public spaces where media companies and journalists are experimenting with new ways to inform. The research focuses on multimedia journalistic narratives exploiting the specificities of digital writing (webdocumentary, scrollytelling, long format, etc.). Our hypothesis is that the changes at play in these informative devices are negotiated in the cooperative dimension of the web. The research is based on the analysis of a corpus of five stories produced in the French news media in the decade 2009-2019. It is complemented by interviews with their authors and producers. This work investigates the emergent practice of webjournalism as acts of writing in which narrative and digital modalities contribute to a reformulation of veridicity as a journalistic contract.
Beasse, Muriel. "Conditions d'énonciations et stratégies d'écriture des narrations journalistiques du web : les renouvellements d'un contrat de véridicité." Thesis, Strasbourg, 2020. http://www.theses.fr/2020STRAG025.
Full textThis thesis focuses on seeking to understand the tension between transformations in contemporary journalistic writing and the obligation of truth traditionally associated with this activity. This idealised social mandate speaks to the appeal and to the legitimacy of journalistic practice and has a strong echo in the shifting public spaces where media companies and journalists are experimenting with new ways to inform. The research focuses on multimedia journalistic narratives exploiting the specificities of digital writing (webdocumentary, scrollytelling, long format, etc.). Our hypothesis is that the changes at play in these informative devices are negotiated in the cooperative dimension of the web. This work investigates the emergent practice of webjournalism as acts of writing in which narrative and digital modalities contribute to a reformulation of veridicity as a journalistic contract
Plassard, François. "L'évolution du monde rural français sous le regard de la démarche de prospective : quel nouveau contrat ville campagne?" Paris 1, 1999. http://www.theses.fr/1999PA010072.
Full textOstojski, Laurent. "Les conditions de vente à l'épreuve du droit des contrats et du droit de la concurrence." Versailles-St Quentin en Yvelines, 2012. http://www.theses.fr/2012VERS015S.
Full text“Root of any commercial negotiation”, Conditions of Sale (i. E. General conditions of sale, specific conditions of sale and retailing global contracts) are essential for business. Yet, subject to the combined influence of two opposing rights: contract law and competition law, they raise many questions in practice. Is market transparency compatible with freedom of contract? If so, will this freedom emphasize the existing economic imbalances? Can the law-maker admit negotiability without abandoning the idea of effective controls? Although they exist, all these obstacles do not seem insurmountable. As long as their roles are clearly redefined, contract and competition laws can be reconciled. Thanks to a fixed and transparent basis as well as limitations, the parties would be allowed to tailor their agreement to their needs without any risk of imbalance. Formalized, such contract would also make the legislator sure that it doesn’t contain competition distorting clauses
Blais, Cynthia. "Contribution d'une approche mixte de recherche à l'analyse des profils d'attachement mère-enfant en fonction de différentes conditions de risque." Thèse, Université de Sherbrooke, 2013. http://hdl.handle.net/11143/6670.
Full textConstantin-Vallet, Charles. "Les indemnités de fin de contrat." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D066.
Full textTermination benefits, whether as a result of the law or the contractual will, are numerous and varied and despite their practical importance no comprehensive study had been dedicated to this topic in private law. This thesis proposes to study them jointly to establish a typology and to determine the legal regime. The first part deals with the variety of allowances, whether they are legal or conventional. It is shown that the termination benefit represents the price of a restored contractual freedom with a view to securing a fair balance of interests. The counterparties are, on the other hand, different. They provide a legal framework for the right to annihilate the contract unilaterally or offer the right to withdraw, that is to say, not to execute the contract in whole or in part. The second part is devoted to the legal system of allowances. The result is a contractual freedom directed in melius to the benefit of the creditor of the legal indemnity. As well as the finding of insufficient judicial review in respect of conventional allowances. In this regard, legislative amendments are proposed, both with regard to statutory allowances by granting a termination payment to reseller distributors, as well as conventional allowances by the legal consecration of the validity of conventional withdrawal as well as the development of a judicial review of the amount of excessive conventional allowances, built on the model of the penalty clause
Kraak, Johannes. "L’impact du contrat psychologique sur les intentions de fin de carrière." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10040/document.
Full textLike other Western European countries, the Netherlands has witnessed an increase in the average age of its working population. Since a few years these changes have incited the Dutch government to review the taxation of private early retirement schemes and to push back the legal retirement age. At the same time companies are asking employees to be ever more employable, so that they can compensate for the loss of lifelong employment security. Although there are many stereotypes about the motivation and capabilities of older workers, these employees will now have to work longer and are more likely to change jobs and to continue developing themselves.The goal of this study was to examine how the contents of the employer-employee relationship, conceptualized through the psychological contract, influence two employability-related career intentions for a sample of employees aged 45-55 and active on the Dutch labor market. A second goal was to study how stereotypes influence this relationship.Our research model was realized through a quantitative study in which almost 1100 employees participated. We found that deficient/excess inducements and the level of fulfilment of specific psychological contract dimensions had different relationships with the career intentions of participants and that the seeing oneself as an older worker had a moderating effect on some of these relationships
Lachance, Martine. "Le contrat de transaction : étude de droit privé comparé -France-Québec- et de droit international privé." Paris 2, 2004. http://www.theses.fr/2004PA020097.
Full textMevoungou, Zambo Romy Suzanne. "Nullité et volonté individuelle." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D010.
Full textBefore the ordinance of February 10, 2016 on the law of contracts, the major part of studies have largely reserved nullity for the sanction pronounced by the judge while the hypothesis of the willful annulment was confined to a subsidiary place if not to a existence substantially discussed. The legislative consecration of the willful annulment meets the need for simplicity and celerity when the parties come to misunderstand each to other, as well as the need to relief the courts’ congestion, when the contractors agree to an amicable termination of their contract. Under these non-exhaustive attributes resides the practical interest of the consecration of the mechanism. However, this legislative act addresses a fundamental concern relating to the reception of the willful annulment in legal framework. It is precisely a matter of knowing how to reconcile the power of the agreement of wills and the pronouncement of the annulment of the contract. The study on "nullity and individual will" is therefore devoted to the problematic of the cancellation of the contract by the will of the parties to the agreement. The study generally questions the mechanisms and consequences of willful annulment. The ideas built around the questions thus posed are articulated in two hypotheses concerning on the one hand the pronouncement of the willful annulment and on the other hand that of the annulment pronounced by the parties. Firstly, the pronouncement of the annulment leads to questioning the possibility of a willful annulment and then examining the mechanisms and modalities of its implementation. Secondly, the annulment pronounced by the parties exhibits the impact of the agreement of wills and produces contingent effects on the nullity
Labarthe, Françoise. "La notion de document contractuel." Paris 1, 1993. http://www.theses.fr/1993PA010273.
Full textContractual documents can be exchanged before, during or after a contract has been concluded. The precise moment at which they are exchanged cannot be used systematically to exclude them from the scope of the contract, nor can the fact that they have not been handed over to the other party. In order to say that a document is part of the contract it has to be shown that it contributed to the making or execution of the contract and that it is a binding element of the contract
Al, Khoury Wissam. "Des nullités en matière civile : essai de reconstitution d'une théorie en droit français et libanais en considération des perspectives européennes et internationales." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10031.
Full textThe theory of nullities, as exercised nowadays in civil Law, suffers from a severe incoherence as much in its conceptualization as in its applicafion. It would be adequate to talk of “accumulation of theories”. Since, of all the theories that have been elaborated, none has succeeded to impose itself as the only competent to cover the entire subject, and none, on the other side, has been definitely eradicated from the juridical practice. From the inexistence, to the rescission, to the relative, absolute, virtual, partial, conventional, unilateral nullities, the modules of the system of nullification accumulate without forming a homogenous set liable of forming an apt theory worth the historical and global reputation of the French civil Code. In light of the movement of Europeanization and globalization of the juridical and legislative activity from one part, and at the time when the site of the reform of the of the law of obligations and contracts has been launched, from the other part, it seems that only a theory of nullity free of any demanding and dogmatic classification would be able to remedy the difficulties arising from the tireless variation of circumstances. In this perspective, emancipating the nullity will lead us to dust the nucleus of the theory and put on forth the principle of the goal of the law. This also implies enlarging the “imperium” of the magistrate to emphasize the goal of the law, either to ensure the protection of the general interest or public order or to reinforce the protection of the contractor weak towards the contract
Radja, Katia. "Analyse économique de la famille : application à la dot en Inde ?" Versailles-St Quentin en Yvelines, 2003. http://www.theses.fr/2003VERS013S.
Full textOur dissertation deals with the issue of dowry in India. Since the independence in1947, the paractice of dowry in India has experienced a social and spatia expansion and an inflation of the payments. First, we examine the theoretical contributions of the family economics. Secondly, we precise the main traits of dowry in the Indian context. We underline also the limits of the theoretical arguments issued from the literature on dowry. Then, we bring out a dynamic model of social status and dowry to explain as an investment in social status for households in a context of economic development in a society with rigid social structures
Schmitt, Romain. "Analyse de la validité prédictive d'une épreuve standardisée de langue française chez des étudiants locuteurs natifs francophones inscrits dans des programmes de formation en enseignement : le cas du TFLM." Master's thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/25900.
Full textThis study investigates the predictive validity of a high-stakes French language admission test for francophone applicants to four teacher-training programs (TTPs) in Canadian francophone universities. Few studies have examined the predictive validity of admission tests measuring candidates’ L1 (Romainville, 1997; Blais, 2001). Adopting Messick’s Matrix (1980) and Bachman & Palmer’s Model of Task Characteristics (1996), this study uses a mixed-method convergent approach to data collection and analysis. The data is gathered from 145 students at Université Laval in three phases. The statistical analysis of data (multiple regression, paired t-test, ANOVA) indicates that the test does not predict success in TTPs. Further results suggest that the test scores are not valid for placing the students in remedial French courses linked to the test. The courses did not help the students to significantly improve their performance. Data triangulation further confirms that the test does not measure academic/professional language abilities required in TTPs.
Haye, Thomas. "Étude des conditions et des contraintes d'implémentation d'un jeu de société à l'école, comme vecteur d'apprentissages mathématiques : cas du jeu de Go au cycle 3." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTS030/document.
Full textUsing the game to teach mathematics to pupils became increasingly an obvious standard pedagogical practice in the scholastic institution. This generic term also reflects very different implementations that do not result in the same experience according to pupils. The objective of our work is to explore some of these practices and to determine the conditions in order for the pupils to play and develop mathematical competence during the same learning sequence. In the first instance, we are trying to define the activities that can be in-class games, keeping in mind that the school environment strongly and negatively influences the ability to experience real playing periods. We suggest a characterisation of these activities from four conceptual tools: the game (the structure of the game), the play (the game attitude), the playful potential and the learning potential. Then, we will draw two main conditions of in-class use of games: the “gameifying” of a didactic situation or the exploitation of an existing game. Assuming that the second possibility is more likely to lead to a gaming attitude for pupils, we are designing a learning sequence based on the strategy board game “go” in a junior division classroom at an elementary school, in order to study mathematical learning impacts. To do so, we are introducing a method of game analysis that, applied to Go, can extract two important learning potentials: the heuristic argumentation (Duval, 1992) for problem-solving and the sequential apprehension of figures (Duval, 1994) for geometry. This analysis method is implemented as part of the current constraints of the scholastic institution. The sequence, made of ten sessions, is implemented by experimenter teachers who are not Go specialists. We will then analyse the actual sequence in order to determine if the pupils have experienced gaming periods according to their own game understanding and if mathematical learning has emerged. We ultimately ask the question: how these skills, built as part of the Go game, have been deployed in other mathematical fields? From this experimentation, we want to clear the conditions and constraints of a boarding game implementation at the elementary school
Belzile, Cathy. "Travailler pour une entreprise sans y être directement lié par un contrat de travail : analyse comparée de l'impact de diverses configurations de l'externalisation sur le travail ainsi que sur la relation et les conditions d'emploi." Doctoral thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/33031.
Full textIn an economic context that is diversified, complex and unstable, employers are turning towards production management and work organization models fostered by a quest for flexibility. By choosing to externalize their core, non-core or recruitment activities, they create two categories of workers: “internal workers” that have been hired directly by the company and “external workers” that have been hired through staffing agencies or subcontractors. These externalization strategies bring major changes to the employment relationship. This raises questions about the very definition of the employment relationship, the external workers’ working and employment conditions and the way they manage to deal with insecurity and risk. This research is a comparative analysis of the impact of different types of externalization on working and employment conditions and on the employment relationship. More precisely, this research aims to explain how externalization affects working and employment conditions and how it transforms the employment relationship. This research is based on multiple case studies (N=9) from the food industry. More specifically, companies were chosen in the poultry sector because they are known for externalizing many of their activities and because this sector is structured using the value chain model. Data was collected using five sources of information (business documentation, plant tour, semi-directed interviews, collective agreements and online job postings). A diverse sample made comparisons possible on all levels of analysis: micro, meso and macro. This study shows that working and employment conditions worsen as we move down the value chain. Three variables were found to explain this phenomenon: the company’s or the plant’s location on the value chain, its activities (first-stage and second-stage processing) and the types of externalization (staffing agencies or subcontractors). Four types of employment relationships were found in the poultry industry: two-party, standard relationships; two-party, nonstandard relationships; multiparty with subcontracting and multiparty with staffing agencies. Comparing these types of employment relationships allowed for a better understanding of how externalization transforms the traditional employment relationship and the effects of this transformation on working and employment conditions. By focussing on externalization, this research demonstrates that this strategic choice raises challenges for both work and employment (regarding, for instance, occupational health and safety or labour standards enforcement) as well as for society as a whole. Finally, this research highlights the many limits of the mainstream theories of the field of industrial relations in explaining the externalization phenomenon and argues in favour of their renewal. Keywords: externalization, staffing agencies, subcontracting, employment relationship, working conditions.
Toma-Dăuceanu, Laura. "La résolution unilatérale." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010314.
Full textThe object. This study is dedicated to the unilateral termination of the contract in the situation when the contract is destroyed by the unilateral declaration issued by the creditor as a result of the significant breach of a contractual obligation by the debtor. This study mainly concerns the unilateral and legal termination of contract for breach as it was enshrined in Article 1552 of the Romanian Civil Code and also the case of the conventional unilateral resolution. The distinction between judicial termination of contract for breach and unilateral resolution of contract for breach is based on how the termination operates. Thus, while judicial termination of contract for breach is declared by the judge, the unilateral termination of contract for breach is declared by the party entitled. Excepting this distinction, the judicial termination of contract for breach and the unilateral one have the same legal regime. For these reasons this analyses focuses on the common elements of the termination of contract for breach. Furthermore, we believe that in this new legal frame the unilateral termination of contract for breach is intended as a general means of destruction of a contract for breach. This is the reason why in order to address the issue of unilateral termination of contract for breach we appreciated that a comprehensive analysis of the legal regime of the termination of contract for breach is required […]
Tahtah, Sabahe. "Les cadres et le droit du travail." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0930/document.
Full textIssue which is to give a comprehensive definition of the “executive” category, thus today one witnesses thecreation of an unstable structure. Also, in labour law no text allows for the identification of those whospecifically fall within the category of “executives”.It appears that it is not simple to apprehend the « executives » category. A study of the legal texts, particularlythose regarding working time, shows real bipolarity within this category. Indeed, on the one hand it appears thatsome non-executives, in certain circumstances, benefit from the same legal framework as employees, and on theother hand, executives, depending on the case, are, or are not, treated like employees.The distinction between executives and non-executives having been made, it becomes the basis of the presentstudy that aims to investigate the characteristics of the notion of executive, and the components of the specificlegal framework dedicated to executives
Archambeaud, Gait. "L'Afghanistan et le langage de l'égalité : une approche poïétique du contrat social sur une zone de fracture du système-monde." Phd thesis, Université de Bourgogne, 2013. http://tel.archives-ouvertes.fr/tel-00984980.
Full textLee, Eunjoo. "La modification de la relation de travail : étude comparative des droits coréen et français." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100027.
Full textThe labour contract is continuous over a long period of time. The worker's working conditions could be modified or adjusted at any time during the duration of a labour relationship with various reasons. Changes in working conditions, or more generally, changes in the labour relationship directly affect the worker's private and professional life and therefore it has a profound impact on both the worker and the employer. The possibility that a worker could negotiate his labour contract with his employer at the time the contract is hard in practice. It is therefore necessary that the regime for amending the labour contract ensures that the working conditions agreed at the time of conclusion of the labour contract cannot be unilaterally modified by the employer regardless of the worker's opinion. The Korean and French legal systems are based on the binding power of a contract. It is therefore obvious that the worker's consent is required to modify the working conditions of the labour contract. The regime for modifying the labour relationship depends on limiting the employer's authority. In France, since 1996, a jurisprudential system has been introduced distinguishing between change of the working conditions and modify of the labour contract. With the evolution of precedent, the regime of modification of the labour contract focuses on the labour contract, it attaches value to the worker's opinion by considering the worker as a party to the contract. Whereas, in Korea, the precedent has focused on interpreting the exercise of employer authority on the basis of “reasonable cause”. Moreover, unlike France, where the regulation of employment has a limited scope, the Korean regulation of employment plays a similar role to that of a labour contract in practice. In this respect, if the amendment of the regulation of employment change unfavorable to the worker, the consent of the group of workers is required.Even if the consent of worker is demanded and even if the worker has a right of refusal about the suggestion of employer, the worker who refuses is still exposed to dismissal. The concept of the consent of worker is often too fragile to be satisfied with its existence. Also, it is difficult to assume that workers' consent is fully protected. Therefore, it is necessary to find method for reflect the worker's real intention. The change in the labour relationship must not be focused on the employer's exercise of authority, but must be interpreted concretely in the context of the changing work environment and the worker's professional life
Nguewo, nono youta Ferdi. "L'ordre public contractuel en droit administratif." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2022. http://scd-proxy.univ-brest.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/isbn/9782247234509.
Full textThe study of the contractual public order in administrative law, which was necessary given the lack of doctoral research on this major theme of contract law, leads to several conclusions that are interesting both for the notion and for administrative law itself. With regard first to contractual public order, its examination in administrative law confirms that the concept cannot be defined, but only identified, the criterion allowing this identification to be made being the automaticity of the sanction attached to the rule. With regard to administrative law, the inclusion of contractual public order among the cardinal notions of this law has contributed to the improvement of the law and litigation of administrative contracts. The handling of the concept allows the administrative judge to modulate the treatment of the causes of invalidity, to direct the general theory of the administrative contract, but also, sometimes, to stand out from the judicial judge by retaining a singular conception of the contractual public order
Blanc, François. "Les engagements dans le droit français des concentrations." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020059.
Full textAt first sight, the mergers’s control illustrates the modern role played by the State in the economy: the aim is not to organize the markets anymore, but to control from time to time one or several particular operators. The liberal State submit the companies’s merging processes to prior authorization, so as to make sure they do not negatively affect the competition. Nevertheless, in the silence of the law, everything goes as if the administration was using mergers as drivers of the markets’s reorganization. This process is evenmore subtil because it implies closely the companies themselves: everything depends on the commitments the companies offer to the administration, in order to prevent the non competitive effects of their project. These commitments are indeed undergoing a major legal change: once issued, they become a measure of economic restriction, embedded in the administration’s authorization. This process, that has been developed from the time of planned economy, suggests a certain permanency of the French law, despite the economic goals’s variation. Yet, these commitments constrain the parties about to merge: on the one hand regarding their actions towards other operators on the market, and on the other hand, regarding their relation with the administration : at the same time they direct the merger according to the stakeholders, and extend the administrative control. In short, when embedding the commitments in its act, the administration first changes the relations between the parties and the stakeholders, then follows up the relations’s execution. Thus, its intervention swifts ratione temporis, -from the merger in progress to the merger achieved, ratione personae, from the parties to the stakeholders’ operations, and ratione materia, from the merger to the market. Time has gone when the administration used to build the market directly ; now it uses to this end the companies that have to require her authorization
Guichard, Pamela. "Arbitrage commercial international et intérêts étatiques. Avantages de la convention d'arbitrage internationale mixte." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3001.
Full textThe international commercial arbitration in which one party is a State party is as current as criticized. The State courts may have to give up exercising their discretion of the legal validity and the efficacy of the international commercial arbitration agreement, even if the latter does not conform to their national law. It is easy to understand the problem of legitimacy posed by this agreement opposite to the State party. The question of State interest in international commercial arbitration represents not only important legal issues but also economic issues for the State. The first part is dedicated to the study of the legal instruments favoring, in the interest of the State, the extension of the validity of the arbitration agreement towards the State; whereas the second part deals with the delicate questions raised during disputes which call into question the validity or the efficacy of the arbitration agreement, due to the allegations made by the public entity based on violations of certain national legal provisions or changes in economic or political circumstances. For a few decades, the jurisprudence and the French doctrine advocate that the arbitration agreement in an international contract has its own efficacy and validity. Our legal research has revealed the body of rules and principles basing the legal framework of the arbitration agreement detached of some link with authorities and with the national law. At the same time, we demonstrate the repeating ineffectiveness of the remedies sought on the ground of the conflicts of procedural legislations or by recourse to State court. This theory is particularly underlined when a public entity is a party to an international commercial arbitration. We critically analyze for the State interest, the exercise of diplomatic protection as a substitute remedy against the inefficiency or invalidity of the arbitration agreement. The exercise of diplomatic protection is highly subjective, because it depends simultaneously on the arbitrary judgment of the protective State with respect to its national and to the power of this State on the international scene. The economic operators are not on an equal footing while it is a question to rule the proper or improper performance of contractual obligations based on an international contract, because it is no longer a matter of an objective remedy through the right, but a matter of power between the States. This is all the more the case as the exercise of diplomatic protection has often leaded to inter-state conflicts. Our thesis defends the legitimacy, pertinence and advantages of the arbitration agreement through the kaleidoscope of many international legal sources and with regard to the prevalence of State interest. However paradoxical that might seem a priori, there is no paradox for the State to engage itself in a conventional manner to waive its discretionary power of domestic jurisdiction. On the contrary, the international economic relations are based on trust, morality and loyalty, and international commercial arbitration achieved that goal by providing an effective international judicial remedy for both parties
Ibara, Rochfelaire. "L’aménagement de la force majeure dans le contrat : essai de théorie générale sur les clauses de force majeure dans les contrats internes et internationaux de longue durée." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3006/document.
Full textThe statement of force majeure provisions in long-term internal and international contracts is based on the ground of the freedom of contract and promoted by the inefficiency of suppletive risk allocation norms in modern legal systems. The recognition of their enforceability still subject to uncertainty due to the misunderstanding of their drafting and their judicial construction that is commonly said to amount to squaring the circle. Base on the influence of the uncertainty conditioning the subject-matter and the value of the obligation to guarantee underlying force majeure clauses, a fundamental summa divisio is drawn up between risk assessment and risk attribution agreements. The first clauses are subject to the uncertainty of a legal nature and should follow the random legal acts framework. The second are affected by the uncertainty of economic nature and should depend to the commutative legal acts framework even though force majeure clauses are unduly treated in case law as exclusion clauses. De lege ferenda, the force majeure clauses regime is expected to be rationalized with the integration of the reasonable reasoning as a fundamental guiding principal of French contract law so that to implement the summa divisio of force majeure agreements by adjusting distributively the risk assessment clauses unreason through the reasonable compliance test and the risk attribution clauses abuses through the reasonable modulation test
Perrier, Jean-Baptiste. "La transaction en matière pénale." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1021.
Full textContract with which parties settle or prevent a complaint, the compromise seems to be an outstanding and useful tool in criminal process. However, the identification of the settlement approach presupposes that repressive processes permit to settle the dispute definitively, with concessions from the perpetrators and the Authorities. Only two mechanisms of criminal settlement take on these qualities. Such adaptation implies that the parties could settle the consequences of an offence, without any involvement of a magistrate, but also definitively. The characteristics of the alternative prosecution measures attest the use of the settlement technique in criminal law. However, this aknowledgment is not enough since the transposition of the compromise settlement requires also to introduce a contract in the prosecution process. The comparison of the compromise contract with criminal matter reveals an opposition, some difficulties due to the consent of the perpetrators or Public prosecution. These difficulties necessary lead the settlement to be adapted to this matter. Without the contractual side, the alternative prosecution measures are considered as repressive measures, proposed to the perpetrator and accepted by him outside the formal judicial frame : settlement sanctions. Recognition of this specific sanctions category allowed improvements in order to achieve the settlement sanctions are the result of a fair agreement
Jay, Caroline. "Le risque santé et la souscription d’assurance du crédit." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0395.
Full textHealth is a risk. The main purpose of insurance is to cover individuals against life’s uncertainties. However, because of the economic nature of this activity, insurers discard more and more the highest risks from their mutuality. This practice, named segmentation, is perfectly allowed. The insurer may, at the time of precontractual discussions, carry out a risk assessment by investigating the personal and intimate situation of the applicant. Several observations can be made. Evidence of discrimination is no longer precise. The techniques for information gathering emancipate themselves from a secure legal framework. The existence of an increased risk has unreasonable consequences on the insurance contract. In France, more than 2.7 million people are, in the sense of insurers, increased risks profiles due to their health status. Those are people living with diabetes, Parkinson's disease or other cancerous pathologies. For them, access to insurance rhymes with refusal, exclusion or additional premia. This phenomenon contributes to a real social injustice, especially when the insurance contract is necessary to be granted a mortgage. For this reason, and under pressures from associations, some measures have been implemented to limit the intrusion of the insurer into the policyholder’s privacy; and in parallel, to strengthen the obligations lying on the professionals to provide information, advice and warning, prior to any contract subscription
Lopes, Pierre. "L’adaptation de la relation de travail pour motif économique." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020060.
Full textEconomic competition requires the working relationship to evolve at the rate of the constraints the company undergoes. It implies adapting the employment conditions, such as remuneration, working time, professional duties or place of work. These adjustments can be made by the use of various legal, conventional or contractual mechanisms. Their utilization raises many questions. Answers must be provided. The ability of the French legal system to provide companies the tools to ensure their sustainability, even their development and, consequently, the preservation of employment, is at stake. Keywords : employment ; remuneration ; geographical mobility ; occupational mobility ; working time ; amendment to the employment contract ; change in working conditions ; collective bargaining ; articulation of legal standards ; employer's management powers ; shorttime working ; redundancy for economic reasons ; fundamental rights and freedoms of employees
Sefiane, Hanane. "L’opposabilité et l’action en concurrence déloyale." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0072.
Full textLaw rules relations between individuals. From an economic angle, it defines an activity range for each operator. Our research work aims at studying the french concept of “opposabilité” in a competitive background. The question is about analysing the effects of a contract or an exclusive right regarding third competitors; and the reconciliation proceeding that is the action on unfair competition. We will attempt to draw a criterion from unfair behaviour that enables a better analysis of the effect of competitive action on a market and therefore on this market's own operators, to adapt the “opposabilié” degree to allow protection of some and preservation of freedom for others
Laverdet, Caroline. "Aspects juridiques des mondes virtuels." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020006.
Full text"Virtual worlds", or "metavers", allow many users to immerse themselves online, in three-dimensional, interactive and persistent spaces, through their avatars. The economic craze generated by these universes is confronted with a legal framework that is still almost non-existent today. For example, property rights on virtual objects, the protection of freedom of expression within virtual universes, as well as specific protection of the avatar are claimed, particularly when the publisher unilaterally decides to delete a user's account. However, these rights and freedoms generally conflict with the rules and conditions of use set by publishers, which must be accepted by users in order to access persistent universes. Therefore, should we apply and, more simply, adapt the legal rules existing in the real world to virtual worlds? Through the study of the legal aspects of virtual worlds, the objective of this thesis is to question the way in which the law has so far seized persistent spaces and the conditions for a better future legal apprehension
Reddington, John. "Re-examining educational risk prediction: The development of a parent screening inventory for children with learning difficulties at school entry." Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36594/1/36594_Digitised%20Thesis.pdf.
Full textDufour, Maxime. "Clauses contractuelles et non-concurrence : approche de droit des affaires." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0316.
Full textIn the modern world, to guard themselves from damage and to protect at best their economical interests, companies use contractual techniques developed by usage such as non-compete clauses,confidentiality clauses, non-reaffiliation clauses and non-solicitation clauses. These clauses cover many fields of contractual legality, mixing contract law, labor law and business law. Their aim is to prohibit the co-contractor to practice a professional activity, to disclose secret information, or even to employ specific colleagues, or contributors. Thus, they are brought to restrict a fundamental freedom, specifically the freedom of trade and of industry. As a result, it appears necessary to formulate a common legal system for all these clauses so as to preserve on one side the protection of the economic activity of the companies et on the other side the safeguard of the economic freedom of the co-contractors subject to these clauses. The benefit of a common legal system is the anticipation of the conditions of validity and implementation of this type of clause. In this way, the cocontractants will not lack in foresight. The development of this common right is in two steps. This includes confirming their autonomy relative to the contracts in which they may be inserted and draw the necessary conclusions regarding their validity. The second step is relative to the implementation of these clauses. Their application is sensitive because it depends for the most part on the precision of their content. In case of a breach of contract, a large array of legal remedies is available to the aggrieved contractor to penalize the breach of contract
Picotte, Marc-Antoine. "Adhérer ou adhérer : essai sur la notion de contrat (par adhésion)." Thèse, 2018. http://hdl.handle.net/1866/22841.
Full textDerome, Stéphanie. "L’influence de la violation des conditions d’emploi constitutives du contrat psychologique et des conditions d’exercice de la profession, sur l’intention de quitter : le cas des professionnels de la gestion des ressources humaines." Thèse, 2011. http://hdl.handle.net/1866/6156.
Full textDuring the last decade, many changes have been observed in the labor markets which have lead organizations to review their work conditions. By improving the work environment, organizations have been able to attract and retain good workers. Human resource professionals (HRP) are not an exception. Indeed, HRP have specific expectations, they also develop their own psychological contract. This research attempts to understand the intent to quit of a HRP. Specifically, this research seeks to identify the conditions of employment and of professional practice through the theory of psychological contracts. When these conditions are not met, they positively influence the intent to quit of a HRP. According to our statistical analyses, psychological contract breach of the conditions of employment and of the conditions of professional practice positively influences the intent to quit of a HRP. More specifically, the conditions of employment which influence the intent to quit of a HRP are related to career development, social atmosphere and job content. Moreover, the role of a change agent and a strategic partner are the conditions of professional practice that influence negatively the intent to quit of a HRP. However, the role of an administrative expert influences positively the intent to quit of a HRP. Finally, our analysis highlights the importance of respecting the conditions of employment compared to those associated to the conditions of professional practice. Indeed, we find that the breach of three conditions of employment that have a positive influence on the intent to quit of a PRH can be associated to career development, which is a value that is more and more important for a PRH in current times.