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Academic literature on the topic 'Contrats aléatoires'
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Journal articles on the topic "Contrats aléatoires"
Deroussin, David. "Le jeu comme contrat. Contribution historique à l’étude du contrat aléatoire." Droits 63, no. 1 (2016): 15. http://dx.doi.org/10.3917/droit.063.0015.
Full textRambonilaza, Mbolatiana. "Normes sociales et productivité dans le processus d’appariement des contrats agricoles*." Articles 80, no. 4 (January 26, 2006): 571–92. http://dx.doi.org/10.7202/012128ar.
Full textHuchet, Marc-Olivier. "La rémunération au résultat serait-elle aléatoire ? Réponses appliquées au contrat de révélation de succession et à la convention d’honoraires au résultat passée entre l’avocat et son client." Revue juridique de l'Ouest 28, no. 3 (2015): 9–40. http://dx.doi.org/10.3406/juro.2015.4848.
Full textDissertations / Theses on the topic "Contrats aléatoires"
Morin, Anne. "Contribution à l'étude des contrats aléatoires." Paris 9, 1995. https://bu.dauphine.psl.eu/fileviewer/index.php?doc=1995PA090027.
Full textIn the right of contracts, the aleatory contracts are not given much place ; moreover their presentation is divided into parts as if they would raise nothing but a theoretical interest. However, the development of gambling and insurance, or the renewal of the betting technique which stands behind the financial contracts, point out the reality of the aleatory contracts. We found therefore an opportunity to study the aleatory contracts through a new conceptualization. Following an analytical approach, our contribution consisted in identifying the aleatory contracts according to the nature of the risk in order to suggest a coherent presentation of the juridical rules of these contracts. We first showed an operational classification by distinguishing the economical from the juridical risk. The juridical risk is the core and affects the subject of the contract while the economical risk makes uncertain the valuation of the contract. We tested then this classification by comparing it to the rules of the aleatory contracts in order to present its variables and constants. The existence of an economical or juridical risk lays down common rules based on both the principles of licite risk and the exclusion of contractual rights. In return, the analysis of the lack of risk through the defined classification let us arrange the jurisprudential divergences according to the penalties in relation with the nature of the risk
Ravillon, Laurence. "Les aspects juridiques de la mise en place et de l'exploitation d'un système de télécommunications par satellite." Dijon, 1996. http://www.theses.fr/1996DIJOP002.
Full textThe satellite telecommunications is going through a transitional phase as evidence by changes in operation, the adaptation of satellite telecommunications organization to increasing competition, and the transformation in attitudes towards space. These changes are shaping the commercial exploitation of outer space. This commercialization is also materialized in the course of a satellite's life (manufacturing, launch and transponder lease agreements). The upheavals in the satellite telecommunications sector will necessarily affect the legal arrangements governing contracts in this area which have so far been quite distinct from contracts in general law mainly because of the hazard factor inherent to all space operations
Huchet, Marc-Olivier. "Le contrat de révélation de succession." Rennes 1, 2008. http://www.theses.fr/2008REN1G011.
Full textRecent case law regards heir hunter contracts as consumer contracts, probably in the nature of business contracts and commutative, therefore coming under the rules governing door-to-door selling and the possibility it entails to determine fee awards. Still such contracts do not share the characteristics of consumer or business contracts, or any other known type of contract. They therefore lack designation and are sui generis, as previously held by case law. They are, moreover, aleatory. Contrary to what the prevailing doctrine purports, heirs do run the risk of incurring losses, even though such risk will be hidden by the prospect of benefits. Now such benefits must not be taken into account when assessing risks as they do not pertain to the contract. In this respect, the risk for the heir appears to be paying a higher price for the performance of the probate genealogist's dues than its objective worth, even thoug he will not the whole be improverished by the transaction. Thus defined, heir hunter contracts can only fall under the ordinary law of contracts and must not be subject to the judge's discretion to reduce fee awards
Haddad, Mimoun Eloïse. "Les notions de contrat d'assurance." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D069.
Full textThe insurance contract has a dedicated regime, described in the insurance code. Nevertheless, it has no legal definition. However, as the implementation of a regime depends on the qualification, and the insurance companies are bound by a principle of specialty, an identification of the elements constituting the category of the insurance contract is needed. Nevertheless, neither jurisprudence nor doctrine has provided a fully convincing definition. Indeed, while there is consensus that the insurance contract should be defined as an agreement in which a party guarantees a risk in exchange for the payment of a premium, the fact remains that the notions of risk and guarantee raise many questions. Undertaking the qualification of the insurance contract implies first defining the conceptual notion of this contract, developed based on its typical cause. It involves detailing the cause of aleatory contracts, as well as clarifying the content of the notion of guarantee, a complex notion that refers to the risk-pooling technique. In addition, there are some situations in which the regime of the insurance contract is applied to conceptually distinct contracts because of political choices. There are therefore functional notions of insurance contract. Indeed, insurance companies subscribe to gambling contracts which escape the gambling exclusion because they serve as a guarantee. Moreover, since 2004, the preferential tax and heritage regime for life insurance policies is now also applicable to savings contracts subscribed to insurance companies, despite their commutative nature
Sauvan, Denis. "Les jeux et paris en droit privé." Nice, 1990. http://www.theses.fr/1990NICE0009.
Full textThree motions are pointed iut by the author. To begin with, the so-called publicity games must be the object of specific measures-wrich bearing is indicated-because they precisely point out the consummation right. This problematic thus stated contains two branches : on one hand, the items 1965-167 of the civil code must be connected to te theory of natural obligation, this one having the public order's protection as bounding : the explanation linked with the immoral cause of gambling and the excessive span thus bestowed to these disposals must be excluded : the 1966 item, wich is, fact, unavailing must be abolish. On the other hand, the penal prohilition of gambling trade the exixtence of organized and controled gambling entreprises are two complementary and not contradictory out-looks, and it would be advisable that the gambling contracts infored within a regualte enterprise should be fully ratified, therefore the civil item governing the matter should be discarted, exepted for the reintroducing of these ones for the looser's profit, victim of a exceeding loss : according to these therms, a legal intervention would be needful-m0dification of the present 1966 item-avised above the actual position of the statue law forbidding the carrying out of such a
Labarthette, Davy. "Contrat et prévision : contribution à l’étude des fonctions du contrat." Pau, 2004. http://www.theses.fr/2004PAUU2006.
Full textThe contract as an act of prevision. The drawing-up of the contract plays and essential part of the agreement itself : it organises the action by forsight, and in doing so endows the contract with security by respectfully guaranteeing the execution of its anticipations. In as far as circumstances allow in modern private law, it is the function of the act which is the object of the present study. In this respect, it appears that the duty of prevision is fully assumed by the contract although, at the same time, it seems to be neglected by the general theory of contract. Today, the parties have the means to fight against personal weaknesses thanks to the use of purely voluntary mechanics. Certain negotiated procedures allow them to face outside risks equally in order to protect the permanence of the agreement. Their use reveals itself as indispensable as since positive law, which carries a rigid conception of time, does not systematically have the concern of safe guarding relationships. The theory of unforseeability which favorises their durability is not always admitted, despite resources of the required good faith. The act of God's theory is unreliable. Although the agreement allows for the setting-up of methods of survival as protection of the parties, they are nonetheless not always respected sufficiently
Williatte-Pellitteri, Lina. "Contribution à l'élaboration d'un droit civil de l'aléa." Lille 2, 2003. http://www.theses.fr/2003LIL20014.
Full textThe risk is etymologically defined like a " throw of dice ". Die 1 corresponds to the actions of A. Die 2 corresponds to those of B. Although A and B are two independent people, it is possible that their behaviors interact at one time X. This interaction can create a damage. Does the question arise then of knowing if the civil law can intervene ? The answer is negative because the Civil code is interested in the random events only through two provisions : aleatory contracts and the cause beyond control. Consequently, that is to say the risk is generating rights and obligations according to the will of the parts, either it is the cause of civil irresponsilitity. However, the study of the Praetorian right wich has course as regards contractual and criminal liability shows that the risk can be an operative event of civil liability. This report contradicts the bases of the civil law of the responsibility wich does not admit that the fault like only operative event of responsibility. After having studied the causes of this jurisprudential evolution as well as the harmful effects and destructors which it involves with regard to the concept even of the civil liability we worked out a solution aiming at regulating the risk as an event with wole share. The right of the risk thus suggested makes it possible to set up the random events in fact of right to compensation of wich the base is independent of that of the civil law of the responsibility wich can then become again a right of the responsibility for fault
Gabayet, Nicolas. "Les contrats publics à l'épreuve de l'aléa en droit anglais et français." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1004.
Full textThe question of the treatment of uncertain/unforeseen events affecting public contracts seems to oppose in an immeasurable way English and French laws. While, in French law, general rules provide, in the public interest, the treatment of uncertain/unforeseen events affecting public contracts without the consent of the contractors, no such provisions exist in English law, where the sanctity and intangibility of contract prevails. Thank to this antagonism, the proposed comparison enables to highlight the deep motivations of the treatment of uncertain/unforeseen events affecting public contracts, through the theoretical opposition between sanctity of contract and public interest. In this respect, the general rules allowing, in French law, the treatment of the uncertain/unforeseen events without the consent of the parties appear to be based on an economic and teleological approach of the contract and its biding force. Surprisingly, the latter approach can also be noticed, in some respects, in the English law of contracts. Moreover, the priviledged mean to treat uncertain/unforeseen events in England as well as in France is the agreement of the parties – whether ex ante or ex post. Nonetheless, the possibilities of variating the contract in the course of its performance have been drastically limited by the European Union law. By contrast, the intial terms which tends to erect an autonomous regime of treatment of uncertain/unforeseen events through the spreading of standard terms appear to be the major and indispensable mean of adaptation of public contracts in the course of their performance
Sourzat, Lucie. "Le contrat administratif résilient." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10037.
Full textResilience can be defined as the ability to successfully adapt to changing conditions despite risks and adversity. How would function the digital economy and the public works sector today, if we were not sure that the networks and the infrastructures which provide their services are able to face any potential external attack? And how could we be sure of this, if we had not taken all the precautions required by such a situation in the contracts that have enable to build them? The purpose of the present work is precisely to show that the administrative contract is "resilient", in the sense that it is able to deal with the vagaries that may affect it, to adapt to them, to resist to them, to anticipate them, and even better, to incorporate them. What particularly makes the originality of the administrative contract is the existence of a number of principles of public order and legal mechanisms, which enable it both to handle any vagary and to remain stable when faced to contingency. Thus, the first two criteria for resilience: the adaptation and the resistence to vagaries, seem to be met. The evolution of the context in which administrative contracts are signed, as well as the influence of the basic principles of competitive public order, have however shown that these mechanisms seem insufficient. Without making them disappear, new complementary solutions have thus emerged. The notion of prevention has been progressively placed at the heart of administrative contracts. It highlights the presence of two other criteria for resilience: the anticipation and the integration of vagaries. Thus, as the four criteria for resilience are met by administrative contracts, a new concept known as "resilient administrative contract" seems to be emerging, which contributes to make the administrative contract safer and less singular
Demont, Bruno. "L'aléa dans le contrat d'assurance." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020112.
Full textHazard is well known for being at the heart of the insurance contract. Nonetheless, it does not stop raising questions about its precise role and raison d’être. Firstly, the debate deals with the qualification of contemporary forms of life insurance; Mecca of doctrinal controversy for years, it still remains topical in spite of the impressive number of studies. Meanwhile, contingency is of intense interest in civil contract law, as well as subject to recent seminars and latest books. More than ever, the notions of insurance contract and of aleatory contract appear as being the “core” issues of a controversy which keeps going well, because the debate may be limited by the idea that a contract is necessarily an act that creates obligations. Thus, the imbalance between the parties’ obligations - characteristic of aleatory contracts – is often highlighted before questioning its existence in the insurance contract. However, it may be wondered as whether to know if such an “obligational” approach of the contract is truly relevant. On the contrary, shouldn’t we consider the effects of the contract through a wider point of view, in order to admit – legally – a quite common idea in everyday language: the transfer of risk? Unlike the obligational approach which is solely focused on the performances of both parties (premium paid by the taker; compensation paid out of the claim or even risk covered by the insurer), that “real” approach would be more focused on the risk that is transferred between the contracting parties. Such a real approach, which seems to be highly more attractive than the obligational one, would offer - among others - a different perspective within the debate that is inherent to the contemporary forms of life insurance
Books on the topic "Contrats aléatoires"
Williatte-Pellitteri, Lina. Contribution à l'élaboration d'un droit civil des événements aléatoires dommageables. Paris, France: L.G.D.J., 2009.
Find full textContribution à l'élaboration d'un droit civil des événements aléatoires dommageables. Paris, France: L.G.D.J., 2009.
Find full texta, Morin. Contribution à l'étude des contrats aléatoires. Pu Faculte de Droit de, 1998.
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