Academic literature on the topic 'Contrats – Angleterre (GB)'
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Dissertations / Theses on the topic "Contrats – Angleterre (GB)":
Makolo, N'kashama Stéphane. "Le rôle du juge dans la résolution du contrat pour inexécution en droits français et anglais." Electronic Thesis or Diss., Université de Lille (2022-....), 2024. http://www.theses.fr/2024ULILD003.
To what extent, today, the reform of French Contract Law has brought two institutions closer together, the résolution du contrat pour inexécution under French law and the termination for breach of contract under English law; to what extent has the reform profoundly affected the role of the judge in the résolution du contrat pour inexécution, in the light of English law? If the reform carried out by the order of February 10, 2016 is intended to make French contract résolution more attractive, it intends to play on the role of the judge, a repulsive judge who invites the parties to use sparingly, reason and moderation of the résolution extrajudiciaire granted to it, to anticipate the intervention of the judge. Failing this, the parties will expose themselves to the wrath of a judge who, without being arbitrary, nevertheless has such a wide range of instruments at his disposal that it will thwart any predictability of the parties. In this context, the French judge remains omnipresent and omnipotent in the termination. By contrast, the English judge, intervening at the margins, can hardly adopt the same posture; it is rather the creditor who finds himself in a position of strength and who in practice limits the judge's assessment to a control of blatant abuses… We therefore come to consider in English law that the creditor truly holds a right to resolution, contrary to the position accepted in French law. It is easy to understand that the role of the judge ultimately is not the same in the two legal orders, French and English. The French judge fulfills an overly interventionist role in the contract while that of the English judge is non-interventionist. Mechanically, the French judge intervenes to further instill contractual justice, the English judge to guarantee legal certainty and economic efficiency. In short, what is highlighted in this study is the extent of the powers that the judge is likely to exercise in the resolution in French and English law, his influence, his control, his supervision. Although the current reform of contract law has evolved the concept of termination of contract by bringing it closer to the termination of English law, it fuels the debate between the role of the judge and the parties in the contract
Tisseyre, Sandrine. "Le rôle de la bonne foi en droit des contrats : essai d'analyse à la lumière du droit anglais et du droit européen." Paris 1, 2010. http://www.theses.fr/2010PA010264.
Marie, Géraldine. "Droit européen des contrats de valorisation des biens immatériels : Essai de comparaison du régime des contrats en droit français et en droit anglais." Strasbourg, 2011. http://www.theses.fr/2011STRA4018.
In view of harmonizing contract laws in the European Union, it is necessary to compare the existing national legal systems. In particular, we undertook a comparative study between French and English contract laws for exploitation of immaterial assets in order to understand how each system deals with security, contractual justice and allows the circulation of immaterial assets such as trademarks, patents and know-how. In both countries, these contracts are based on general rules of contract law, as well as exceptional rules dictated by the specificity of their object. In French law, assignment and licensing agreements are respectively treated as sales and rental contracts. On the contrary, in the absence of any property right, the know-how agreement is regarded as a contract for services. In addition, French law reinforces the implied terms of these contracts according to the general principles of “good faith” and equity. In contrast to French law, freedom of contract appears to be prevalent in English law as discussed in this thesis. The thesis also studied the influence of European Union competition law on the contracts relating to trademarks, patents and know-how. These contracts have become instruments of market regulation through the control of contract terms carried out according to cartel law. This regulation allows a fair balance between the interests of parties and competitors. In conclusion, the contracts for exploitation of immaterial assets should be viewed as a frame for implementing access to innovation and wealth
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.
The 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
Eissa, Zakaria Abdelsalam Nora. "Le règlement des litiges survenant des contrats de partenariats public-privé. : recherche d’une meilleure gestion des sources des litiges dans les contrats de PPP : enjeux et conséquences pour l’Egypte." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20014/document.
Public-private partnership is an instrument for achieving development objectives in Egypt. On the international level, the use of the PPP model raises complicated challenges and difficulties. The complex nature of such projects increase the probability of disputes between the parties. The comparative analysis of the British and French experience allows the elaboration of a reference for the Egyptian government in the legal and economicreforms. In order to improve the management of PPP projects in Egypt, two approaches can be addressed in our research. First, the development of an effective risk management methodology through the analysis of the types of risk associated with PPP during the life cycle of the project. Second, the presentation of the most effective mechanisms for the resolution of disputes arising from PPP projects
Bahbouhi, Soror. "Le conflit d'intérêts du banquier." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090060.
Banker’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