Dissertations / Theses on the topic 'Contrats entre époux - Droit'
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Rolland, Renaud. "La responsabilité entre époux." Paris 2, 1997. http://www.theses.fr/1997PA020075.
Full textResponsibility and liability between spouses increases in several areas. The development of liability and responsibility based on the fault committed by a spouse against the other concerns the civil and criminal law, in spite of some exceptions more apparent than real: marrias become an ordinary place. Conjugal responsibility based on fault has won new fields. This is the case in criminal la. . . . . W, and especially in disciplinary law: this last law, intended to preserve the cohesion of the family, imposes on the guilty spouse sanctions and surety measures. Besides, each spounce is liable towards the other when a violation of a marriage duty or a misconduct in the management of community regime has been committed. Objectivation in the liability and responsability between spouses occurs mainly when a spouse is creditor towards the other of alimony duty: a spouse is then responsible, even if he has not committed a subjective fault, and sometimes without any fault at all. In procedure law, recevability of the action is a principle, but with several exceptions: the first are objections, to be found in repressive law; the second, in law of torts, concern the limitation period. Efficiencyof the action consists in determinating if a spouse has real chances to obtain the compensation requiered. When just the spouses are involved in the lawsuit, the victim is mostly in the situation to obtain the integral reparation of damage. When a third person is involved, modern conjugal immunities have been created to garanty the victim an effective compensation of the damage suffered, without any repercussion on the standard of life. Two statements stand out. Modern responsability and liability between spouses have new frontiers, because of the developement of conjugal wishes. An objectivation in the law of responsability occurs and new conjugal immunities have been created, when the food security of the family is threatened to be reduced
Monget, Quentin. "Les mutations du statut patrimonial des couples." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0003.
Full textMany French couples today move from cohabitation to civil partnership, then from civil partnership to marriage, which are the three forms of conjugality offered by contemporary law. Each has its own specific property status (providing for the division of assets and debts, establishing social and tax effects, etc.). But these statuses are in a state of flux,with countless legal and case law changes being made. What are these changes ? How far should they continue ? That is the purpose of this study. It sets itself apart by putting into perspective the idea that a common law governing couples will emerge : it notes that, even if a phenomenon of convergence is at work, other developments are tending to increase certain differences between conjugal relationships. It then shows that positive law is structured on the model of a gradation. The more a couple chooses a stable and committed conjugal relationship, the more their property status becomes exorbitant, communal and protective. Lovers are thus encouraged to embark on a path marked out by predetermined stages (romantic relationship, moving in, civil partnership, marriage) that can be called iter copulae ; thismodel is in line not only with positive law, but also with modern sociological reality. The study summarises current developments. It suggests deepening them where they are incomplete, tempering them where they are excessive, and enshrining them where they are praetorian. The study is interspersed with proposals for reform, all designed to put positive law on a sustainable footing, since it is more in tune with modern aspirations
Rieubernet, Christelle. "Les donations entre époux : étude critique." Toulouse 1, 1997. http://www.theses.fr/1997TOU10008.
Full textDeparting from the common law of settlements and contracts, the legal regime of gifts between spouses is characterized by the coexistence of rules of contradictory inspirations. Some of these rules are inspired by an original mistrust of the spouse, who, as was the conception in 1804, is considered as a stranger to the family. Other rules are more favourable, this attitude of favour being justified by the place accorded to the spouse today. The rules inspired by an unjustified mistrust ought to be repealed. This is the case for the revocability of settlements of present assets agreed between spouses during the marriage. This revocability no longer has a peremptory foundation and has inopportune consequences, as much for the donee as for the security of legal dealings. It is also the case for the nullity of disguised settlements or settlements made by a third party, a disproportionate and unnecessary sanction with disastrous consequences. Likewise for anachronistic and unjust presumptions of fraudulent representation of identity which result in imposing a real incapacity on the children and close relatives of the spouse to receive freely. The rules inspired by a just attitude of favour must be retained and improved in various respects. Widely used in practice, settlements of future assets have enabled foreseeing spouses to compensate first for the absence, then for the insufficiency of the surviving spouse's inheritance rights. The legislator has favoured these settlements by increasing the portion of estate that a testator may settle on a spouse and by giving a greater place to settlements of life interests, which undermine only temporarily the entitlement under French law of various relatives to a minimum share in the deceased's estate. The substantial increase of the surviving spouse's inheritance rights, provided for in the bill for the reform of successions, raises the question of the evolution of these settlements
Lucet, Frédéric. "Des rapports entre régime matrimonial et libéralités entre époux." Paris 2, 1987. http://www.theses.fr/1987PA020076.
Full textThe liberalities between husband and wife cannot be formed outside of the matrimonial rules. Some donation processes are extraneous to the matrimonial regime, but others use one of its rules to procure a profit. From, a practical point of view, it is then difficult to differenciate these donations between spouses from the matrimonial regime. Law and jurisprudence do not stage clearly the notion of matrimonial advantage which procures an enrichment to one of the spouses. This matrimonial advantage is,in fact, subordinated to a very special state of rules, different from the regulations applicable to donations. The juridical theory allows to assert that it is neither a gratuitous nor an onerous profit
Crepy, Victoire. "Les créations littéraires et artistiques et la communauté entre époux." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3024.
Full textEven the nature of these rights is opposed, since copyright is highly individualistic and personal as the law of matrimonial property regimes is community and voluntary. The compatibility of these rights may therefore be difficult as their characteristics and object are opposed. The confrontation of copyright matrimonial regimes raises two major issues. A question of qualification of all, it is to determine what is the status of intellectual creations and their support within the matrimonial relationship. They are personal to the couple who gave birth to them or are they on the contrary, to comply with thecommunity spirit of most matrimonial property ? A management issue, then ; it comes to determine the respective powers union. The purpose of this study is to demonstrate the potential richness of a relationship of copyright law of matrimonial property regimes, taking into account recent developments in our law. While issues related to the fate of copyright law on matrimonial property regimes are not new, they are still relevant. The difficulty lies in reconciling two conflicting considerations : firstly, the community-based assets ; secondly, the personal nature of the work of the mind that is not "a product like any other." Finally, our study seems to present two rights, copyright and the law of matrimonial property regimes, are total opposites. While the former is a mixed law, including both economic prerogatives and extrapatrimonial, the second only regulates the treatment of assets and property rights
Bahrani, Fatemeh. "Les inégalités entre époux en droit iranien de la famille." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0561.
Full textAt the time of drafting the family protection bill in 2007, there seemed to be a general consensus among politicians, religious, academics and women's rights activists on the need to revise the Iranian family law legislation. However, despite the anticipations, the new family protection law, has totally maintained the same structure of relation between the spouses as that which had been enacted in previous legislations. These inequalities, based on imamite law, have been justified since the end of the 1960s by the theory of non-similarity between man and woman, set forth by ayatollah Motahari. According to the theory of non-similarity, because of their difference in nature, men and women can not have the same tasks. To woman, the role of reproduction of life within the family; to man, the reproduction of wealth in order to provide for the needs of the family. But, the fact that several pecuniary relations between the spouses were affected by the new family protection law proves that from the point of view of the Iranian legislator, the balance which was supposed to dominate the relation between the spouses was disturbed. The study of inequalities in the personal and patrimonial relations of the spouses, the study shows that this division of task does not ensure a peaceful, dignified and balanced married life. The study also proves that the material protection of the wife lasts only during the life of the husband. On another note, the materiel protection measures that are theoretically granted to the wife, are practically very difficult to perceive. Furthermore, such material compensation is not sufficient to recompense for the non-pecuniary damage suffered by her
Crovetto-Chastanet, Alexis. "Le règlement des problèmes patrimoniaux entre époux dans la convention définitive." Nice, 1990. http://www.theses.fr/1998NICE0042.
Full textThe divorce at request spouses, is a no-fault divorce allowing couples to settle patrimonial matters in a convention submitted to a judge's approbation. This convention usually contains dispositions concerning marriage settlements and alimonies. Once approved by the judge, the divorce is pronounced and the convention can hardly be revised
Chafi, Mohamed. "Les rapports juridiques entre époux : étude comparative du droit français et du droit marocain." Paris 2, 1989. http://www.theses.fr/1989PA020095.
Full textBodet, Jean-François. "Analyse critique des contrats entre concubins." Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D023.
Full textAgreements among concubinaries, which are naturally bound by general theory of agreements, are more and more frequent in practice nowadays, and have a considerable incidence on family law subsequent development. This situation comes from the increasing number of concubinages since about ten years, and disaffection shown by our contemporaries to marriage institution, surely eminently protective for people and one's patrimony. Critical analysis of these different agreements apt to be concluded in natural family, to ensure concubinaries juridical security, points out the difficulty that right may meet to surround very varied sociological situations and patrimonial dangers that full and entire contractual freedom may represent, in the bosom of family group. This evolution, that is stated furthermore in the bosom of legitimate family as well, seems to lead to a total disharmony of family legislation
Guyot-Chavanon, Corinne. "L'entraide en droit privé." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40028.
Full textAudit, Mathias. "Les contrats transnationaux entre personnes publiques." Paris 1, 1999. http://www.theses.fr/1999PA010268.
Full textPicq, Marielle. "La distinction entre contrats à exécution successive et contrats à exécution instantanée." Grenoble 2, 1994. http://www.theses.fr/1994GRE21052.
Full textThe subject of this work is to demonstrate that the usual, which sets the successive execution agreements against the instantaneous execution agreements, can be efficiently replaced by the distinction between the divisible agreements and the indivisible agreements. The first part is relative to the relevances of the traditionnal distinction. It emerges from this study that this opposition is unfitted to explain, in a satisfactory way, the differences of the juridical basis noticed and announced, which it is about the mecanisms which ensure the contractual permanency, or which it is about those which lead to the disappearance of the agreement. All along this examination, the components of the distinction between the divisible agreements and the indivisible agreements are brought out. The second part is devoted to the borders of the distinctionl in a first time are stated the imperfections of the criterions of the actual classification. Then, in a second time is presented the new distinction between the divisible agreements and the indivisible agreements. This last is based on two concepts. First of all, a criterion, the succession of partial and autonomous balances, and then, a theoritical foundation : the cause. These implements are then applied, entitting to draw the picture of a new distinction
Montravers, Béatrice. "Essai sur l'intérêt personnel des époux dans le régime de la communauté." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30001.
Full textAccording to sociological surveys, the members of a contemporary couple long to keep their singularity and claim their personal blossoming. The marriage institution which is widely in competition with cohabitation must come up to the expectations of modern couples in order to remain attractive. Within the bounds of matrimonial systems, it is suitable to express in legal terms the will of each member of a couple to preserve his or her own identity. As for the sharing of powers and wealth, the point is then to look for the best way of securing the own interests of the spouses, of avoiding the interests of one of them to be forgotten and even injustifiably given up. Independance in the administration and pledge of the spouses'after-acquired property will be then a main concern. It does not seem desirable however, to replace the present system of community of property by the separation of matrimonial property or the sharing of after-acquired property, as those statutory systems do not ensure the spouses any contribution or a contribution postponed until the dissolution of their marriage. In fact, taking into account the own interests of the spouses implies both their best independence and their widest contribution. The subject of this thesis has therefore been to look for a better compromise between those two contradictory aims. To improve the independance of the spouses, we notably propose to create a category of joint property subject to the administration and sole pledge of the spouses because of its private nature. We correlatively foresee to extend or, on the contrary, to reduce the field of the spouses'contribution depending on whether their respective independance should or should not be more important than their contribution to the administration of after-acquired property and to their wealth
Al, Amer Munira. "L'égalité entre époux : étude comparative : Droits français, qatarien, saoudien et tunisien." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA015.
Full textThis comparative study proposes to analyze how equality between spouses in Saudi Arabia, France, Qatar, and Tunisia is apprehended at the time of marriage, during marriage and at the time of dissolution. Despite an overall agreement that presents in the affirmation of symmetrical equality between spouses on the theoretical level, the application of this principle is limited - to a different extent in different countries - by discriminatory provisions against wives, restricting their right to equal liberty and equal dignity
Danton, de Bony Anne. "Les contrats de cooperation entre entreprises." Paris 5, 1994. http://www.theses.fr/1994PA05D002.
Full textCooperation agreements inbetween companies : a new juridical frame adapted to a new economical situation. The study of the juridical notion of contractual cooperation and of its specific contractual dispositions
Laurent-Bonne, Nicolas. "Les donations entre époux : doctrine, coutumes et législation (XIIe-XVIe siècle)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020064.
Full textImmediately following the juridical renaissance of the 12th century and the rediscovery of the Justinian codification of Roman law, medieval jurists were committed to creating a general principle prohibiting donations between spouses. As early as the first half of the 13th century, however, civil law experts and canonists modulated the restrictions, thereby moving from strict prohibition to a simple system of revocability. French practitioners, responding to requests from married people concerned to protect their surviving spouse, contributed to weakening the constraints of Roman and canon law; promissory oaths, renunciation clauses and donations through an intermediary comprised such contrivances, which were sometimes even improvised and fraudulent. Despite this long doctrinal slide and the palliatives drawn up by notaries, such interdictions persisted over a long period of time in most territorial legislations, redrafted and repeatedly reformed according to the standards of Roman law from the high Middle Ages to the beginning of the modern times
Martin, Anne-Cécile. "L'imputation des risques entre contractants." Montpellier 1, 2007. http://www.theses.fr/2007MON10046.
Full textAudit, Mathias. "Les conventions transnationales entre personnes publiques /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38820313f.
Full textBalbo-Izarn, Nathalie. "Conventions entre époux et divorce : contribution à la définition d'un ordre public conjugal de séparation." Toulon, 2000. http://www.theses.fr/2000TOUL0021.
Full textBouzir, Saoussen. "Le régime de la communauté des biens entre époux : étude comparative du droit français et du droit tunisien." Paris 1, 2003. http://www.theses.fr/2003PA010304.
Full textGoldie-Genicon, Charlotte. "Contribution à l'étude des rapports entre le droit commun et le droit spécial des contrats /." Paris : LGDJ-Lextenso éd, 2009. http://catalogue.bnf.fr/ark:/12148/cb41495902j.
Full textLoustalet, Grégoire. "Le temps du contrat et le droit fiscal : contribution à l'étude des rapports entre le droit des contrats et le droit fiscal." Toulouse 1, 2011. http://www.theses.fr/2011TOU10023.
Full textTime is a major issue in today’s society, and Contract Law as well as Tax Law are no exception. Its pressure on contracts has particularly increased in the past thirty years. Consequently, Contract Law has widely expanded over time, and even instant contracts began to last. This development has entailed an explosion of new types of contracts, which were transmitted to Tax Law. Its standard functioning was founded on widespread models of contracts which did not consider their differences. In fact, the tax system establishes the value of taxes by considering the effects of a contract on the patrimony. These effects and the moment when they will affect the patrimony, have to be meticulously analysed. The transmission of value must indeed be taxed when the contract has an effect on the patrimony. Beyond the intended usage, this technical development allows to use the contract as an implement of tax management, and thus optimize taxation. In fact, Tax Law cannot ignore this application, but it does not tolerate abusive use of the contractual technique for all that. So, the study of time in Contract and Tax Law allows to analyse precisely the relation between Tax Law and Contract Law
Fabre-Dubout, Hortense. "La localisation du contrat : entre lieux et espace." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32035.
Full textIn business law, contractual problems related to time often drew the attention of the lawyers but the location of contractual relations has rarely been subject to general and in-depth study. However, the extent of the subject is astonishing. Objectively, jurisdiction and applicable law are certainly the most obvious and not least interesting stakes in the contract’s places. Not generally known, the localisation of the various elements of the contract is reflected in the characterization of the whole of the contractual relation, and thus on the part of the obligations which it contains ; space even on which the contract takes effect influences the legal status of the events which proceed within its geographical area. Moreover, the contracting parties have an actual capacity vis-à-vis the places of their contractual relations, even if the freedom of expression of the parties’ will has many limits
Lankarani, El-Zein Leila. "Les contrats d'Etat à l'épreuve du droit international : (recherche critique des contrats entre Etat et personnes physiques ou morales étrangères)." Paris 1, 1996. http://www.theses.fr/1996PA010320.
Full textThe purpose of the research was to find out whether contracts concluded between states and foreign private entities - "state contracts" - come within the purview of international law, as has been argued in certain arbitration awards and academic opinions which have tended to withdraw such contracts from municipal legal systems and to submit them to the general principles of law which, by reference to article 38 of the statute of the international court of justice, are understood as the third source of international law. After careful consideration of the bearing of the academic opinions expressed both against and in favour of the internationalisation or internationality of such contracts, part 1 of the study focuses on the real meaning, the function and the independent characteristics - both formal and material - of the third source of international law. Our research has revealed that, within the international legal system, this source does not have the legal capacity to extend its prescriptive powers to domains which come within exclusively municipal jurisdiction, i. E. , domains not subject to either customary or conventional international law. This, in turn, led us to try to define, in the light of positive law, the concept of the domain of exclusive jurisdiction in relation to the ground covered by the third source of international law. It has been established that, as far as international law is concerned, "state contracts" do come within the domain of exclusive municipal
Ali, Mohamed. "L'arbitre international et les contrats entre Etats et entreprises privées étrangères." Montpellier 1, 1999. http://www.theses.fr/1999MON10044.
Full textChaix-Findji, Florence. "Les groupements contractuels : coopération contractuelle entre entreprises." Paris 1, 2006. http://www.theses.fr/2006PA010291.
Full textOugier, Stéphanie. "L'alimentaire et l'indemnitaire dans les règlements pécuniaires entre époux consécutifs au divorce - étude comparée de droit français et de droit canadien." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020031/document.
Full textHistorically post-divorce laws between spouses was based in France, Canada and Quebec on penalizing the responsible party of the separation. Although from different law traditions, Canadian and French law recognized an important place to the fault in their divorce laws. However, the tendency of the French and Canadian societies to be more individual and to pacify conflicts, divorce law had to change to become more objectivized. The movement of removing the fault in divorce permitted the creation of new institutions based on compensation, equity and solidarity which is symbolized by spousal support and alimony. The studied laws are characterized by diverse institutions, are founded on different grounds. These institutions inspired by different law traditions are thus very similar such as the Canadian on compensatory spousal support and the French compensatory obligation that we call "alimony compensatory obligation". This diversity impose us to think about the possibility of a renewal and rationalization of the existent institutions in order to be simplified and comprehensible for the future divorce spouses. A greater freedom of contract should also ensure the appropriation of the divorce's consequences by the divorced spouse with help of lawyers, mediators and judges. Once the divorce humanized, the question of the pacification of the dissolution/ ruptures of other types of union such as common law marriage or civil partnership. The increasing number of those new couples, it is becoming a necessity to take in consideration the consequences of their dissolution and draw a new common law for their dissolution
Goldie-Genicon, Charlotte. "Contribution à l'étude des rapports entre le droit commun et le droit spécial des contrats." Paris 2, 2006. http://www.theses.fr/2006PA020056.
Full textPuyo, Yann. "Essai sur le contrat et l'institution : les relations entre les groupements institutionnels et le contrat en droit privé." Toulouse 1, 2006. http://www.theses.fr/2006TOU10017.
Full textRelations between the contract and the institution are usually opposed then confronted to the following queston : contract or institution ? For example, this is the case concerning marriage or society. If the contract is an agreement of wills who's purpose is to create obligations, the institution is a concept that remains vague. Initially, private institution represents certain private groups and defines itself like "a group of persons (called members) endowed with power and goods in order to accomplish actions of collective interest ; we then speak of institutional groups. In that point of view relations between the contract and the institutionare removed. Studying the relations between these two concepts implies explaining and justifying the particularity of the rules that govern the contracts related to an institution and establish that they form a legal system consistent with the type of contract. The institutional groups are generally created by founding contracts. Marriage thus creates the family. However, the institution is independent of their founding contract. She can exist without it an has the ability to create her own standards. That can explain why the founding contract and the contract reached by a member of the institution who has important effects on the latter, are subject to a special legal system revealing their adaptation to that kind of group. In this manner, the institution participates in the drawing up of the contracts that are related to her
Dreyfus, Jean-David. "Contribution à une théorie générale des contrats entre personnes publiques." Paris 1, 1997. http://www.theses.fr/1997PA010260.
Full textContracts between public bodies have undergone a sizeable expansion during the past twenty years. They now deal with a great range of areas. As a separate field of study, they offer enough unity to allow for the elaboration of their general theory. Whether administrative or private, the sources of the law governing these contracts - written sources being particularly important - show great similarities. Being contracts i. E. According to a definition common to both administrative and private law, a meeting of the minds creating a legally enforceable agreement, they are also subject to the principles of binding effect and privity of contracts as stated in the civil code. However, their system is marked out by the difference in the situation between the contracting parties which brings these contracts closer to administrative ones. The party which takes on the major responsibility to provide a service will be granted the enforcement powers commonly vested in a public body whenever a contract links it with a private one. Since general public interest is still at stake, the doctrines of frustration and fait du prince are applicable to them. Nevertheless, contracts between public entities differ from administrative contracts in that the administrative judge of contracts agrees to play a more active role during the performance stage (although he is seldom referred to). Moreover, despite the fact that between the parties, the terms of the contract are not of a regulatory nature, the characteristic of these contracts is to deal with the powers of public institutions which sometimes use them to modify the legal order of their powers, without any specific authority to do so. This is even more remarkable since public institutions' powers cannot be considered as subjective rights at the free disposal of these institutions. Contracts between public institutions are therefore appearing as one of the essential tool to improve our public system
Assalah, Salah. "L'arbitrage et les contrats administratifs : approche comparative entre les droits français et libyens." Poitiers, 2010. http://www.theses.fr/2010POIT3007.
Full textArbitration as a method of judicial resolution dispute, if admitted in private law, has little place in public law. Ther is incompatibility between arbitration and administrative contracts as well in France and Libya which both prohibit public persons to arbitrate. .
Dupouey-Dehan, Carole. "Essai sur la notion de contrepartie : contribution à l'étude des rapports entre droit du travail et droit des contrats." Toulouse 1, 2007. http://www.theses.fr/2007TOU10050.
Full textThe term “consideration” runs throughout civil law without any general study ever having been made into it. Consideration, to civil lawyers, is associated with the notion of “cause” (in French civil law) in the theory of which it forms a part. Although the term belongs definitely, in the collective unconscious, to the vocabulary of “cause”, lawyers are not really concerned to know why “cause” is defined with reference to this term. Moreover, consideration is the root of errors and misunderstandings as to the sense which doctrinal discourse accords to it. We may therefore profitably question why, and since when, consideration has gained itself a place of standing in the theory of “cause” and try to discover the exact signification of this term. However, consideration seems to be used equally in hypotheses where there is no reference to cause. Another meaning seems in such cases to be assigned to it, complementing its role in the notion of “cause” and indicating its independence from it. Employment law in this regard is the field in which such independence is discernible. We may observe a recurrent phenomenon, consisting, as much for the legislator as for the Social Division of the Court of Appeal, of obliging employers to accord consideration to employees in a certain number of situations. What concern drives these diverse legal and praetorian rules? In what respect does “cause” not form the basis of consideration? A dual notion of consideration in civil law emerges from the examination of these different analyses, despite a certain conceptual unity
Baumann, Carole Marie-Paule. "Essai sur la détermination d'un statut patrimonial protecteur du conjoint survivant : étude comparative des droits français, allemand et anglais." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30028.
Full textThe twentieth century was the theatre of a continuous contracting of the family group around its core developing the place of surviving spouse. However, its social statute always does not have to him permais to reach a successional statute. Even if Germany and England quickly granted a place of favour to him, it were necessary to await the law of december 3, 2001, so that the successional rights of french spouse surviving are revalorized. But did this marital promotion set up a protective structured successional statute of surviving spouse or they are only new scattered improvements? If such a statute exists, how is it located compared to its equivalents german and english? The patrimonial protection of the spouse surviving is in the middle of the comparative study of the french, german and english legislations. Whatever the studied legislation, the determination of this statute is carried out thus around two axes : legal protection and the voluntary protection of the surviving spouse
Gardounis, Emmanuel. "La détermination du prix dans le contrat : étude comparée entre le droit français et le droit hellénique." Lille 2, 2004. http://www.theses.fr/2004LIL20007.
Full textThe issue of determination of the price in contracts has plagued French jurisprudence for three decades before the famous " Alcatel " decisions by the Plenary assembly of the Supreme Court paved the way for untying this modern " Gordian knot ". There are still questions, largely concerning the notion of abuse in the fixation of the price, implying that a comparative analysis of this jurisprudence with one of the rare codifications of the notion of abuse of right enshrined in the article 281 of the Greek civil code is all the more compelling. In addition, the " Alcatel " jurisprudence could constitute a transitory step towards the recognition in France of a judiciary power of review over the price of the contract. Hence, that would result in the price being considered as equitable. Nevertheless, giver that abuses often exceed the regulatory framework related to the capital of the prive, a comprehensive control of the abusive clauses governing business-to-business relations seems to be an appropriate and legitimate course of action
Li, Yingyi. "Des Prérogatives de contrat administratif : comparaisons entre droit chinois et droit français, entre droit administratif et droit contractuel." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020032.
Full textThe theory of prerogatives of administrative contract transplanted from the French administrative law has triggered such a longtime debate in the judicial community that a unified national legislation has been absent even today. Actually, in the French administrative law, composed mainly by Case Law in this domain, there is not only a series of conditions to enforce each prerogative, but also a protective mechanism to keep a financial balance of contract for the final justice. However, based on a preference to the Power rooted from the legal traditions and the political regime of China, combined with certain contemporary facts, Chinese researchers have partially highlighted the former but ignored the latter, leading to the failure of this legal transplant. Actually, as a type of administrative power, the prerogative should not be considered into the proper system of contract composed by the conventional rights and obligations, but refers to the legal authority of administration that should be controlled by the legal responsibility. In addition, it could be considered as the breach of contract too, so that the administrator should take the contractual responsibility based on the Theory of no-fault, on the Relativity of contract and on the Force effect of contract; thus the administrative responsibility hereof could be assumed for the breach of contract, for the quasi-tort out of contract and for the illegality. No matter which pattern would be followed by the future legislation in China, an independent and influential judicial system should be the final protection of all legal systems including the administrative contract
Houx, Nicolas. "L'extinction du contrat par les tiers. Contribution a la recherche d'une distinction entre les tiers et les parties au contrat." Rouen, 2000. http://www.theses.fr/2000ROUEL363.
Full textM'baye, Hugo. "La différence entre la bonne foi et la loyauté en droit des contrats." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD040.
Full textThe point of this thesis is to question the existence of a real difference between the notion of good faith and that of loyalty. I was brought to this topic by noticing the alternative use of words such as good faith and loyalty in the contractual field. This misunderstanding was maintained by judges as well as by a consequent part of the doctrine. Might such notions merge into the same idea so that they’d be used in the same situations to regulate the same behavior ? Stating that it cannot be, the aim of this thesis is to prove the necessity of clearly separing these two notions which are doomed by their lexical proximity and their poor definition to be mistaken for one another. The consequent purpose of this thesis is to preserve the very principle of legal security.Therefore, the following study aims at establishing criteria of distinction between good faith and loyalty when it comes to contract law, as they do not endorse the same role. While good faith is a general and minimal behavioral norm that applies to any contractual relationship, loyalty is a special and demanding standard. Also, this difference in nature will induce a difference of scope and regime allowing to preserve the subject of law from the unfortunate practical consequences that may be caused by the confusion of these notions
Bettems, Denis. "Les contrats entre Etats et personnes privées étrangères : droit applicable et responsabilité internationale /." Lausanne : Méta, 1988. http://catalogue.bnf.fr/ark:/12148/cb410201845.
Full textKONDANI, LUCIEN NOEL. "Les contrats de cooperation industrielle en matiere petroliere entre etats en developpement et entreprises multinationales." Paris 1, 1986. http://www.theses.fr/1986PA010253.
Full textCathiard, Audrey. "L'abus dans les contrats conclus entre professionnels : l'apport de l'analyse économique du contrat /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/520828178.pdf.
Full textEncinas, de Muñagorri Rafael. "L'acte unilatéral entre les parties au contrat." Paris 10, 1994. http://www.theses.fr/1994PA100112.
Full textAction, in a frame and on a frame, the harbor activity context is the purpose of this thesis. The following approach is at the crossroads of theatrical study of conventions, system of industrial relations and the economy of organizations. The emergence of rules in conexion with merchant logic and the actors' structuring effect are approached by a' systematical study in long run period. These localized organizations, around a convention of normal and intern unemployment, allow to question about rule production, collective learning and the reproduction of localized system. Taking account of irreversibility and efficiency wage hypothesis lead to consider the modality of passage from fixed rule game to variable rule gale, from labor demand paradigm in his opposite strides are studied under the angle of the double-bind theory and the critics of rational and self-fulfilling anticipations models
Jacomino, Faustine. "Le contrôle objectif de l'équilibre contractuel. Entre droit commun des contrats et droit des pratiques restrictives de concurrence." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0017/document.
Full textControl of contractual balance is one of the markers of contemporary contract law. Such control is grounded in several basic concepts: some authors refer to morality, while others invoke contractual justice or its economic relevance. Applied to imbalance between professionals, the tools implemented to ensure this control reveal the existence of objective control of the contracts’ expected balance. Although the subjective balance sought by the parties is not set aside, it is overshadowed by the determination of a kind of objective balance motivated by a will both to protect the weaker party and to promote a certain vision of the economy, and commercial exchanges. In this respect, restrictive practices law is an integrative discipline in which it is possible to combine protection of the weaker party with protection of the market. The influence of this discipline on common contract law and, conversely, the “civilization” of competition law under the influence of common law help better understand the mechanism of such objective control of contractual balance. This research aims to describe the objectification of identification criteria for contractual imbalance and the ways of remedying it. To this end, common contract law and law governing restrictive competition practices will be compared to shed light on such control in both these areas. More specifically, this thesis proposes to thwart phenomena of superimposition of and competition between existing systems for the objective control of contractual balance in both these disciplines through precise identification of their fields of application and their respective purposes. It also aspires to describe the functions of such objective control for both the parties and the market by emphasizing the need to examine these contracts by taking into consideration together both their micro and macroeconomic dimensions
El-Badawi, Mohammed Gélani. "Investissements étrangers et entreprises communes : perspectives d'une collaboration entre les Droits nationaux et la Lex Mercatoria." Nice, 1986. http://www.theses.fr/1986NICE0013.
Full textDjoko, Noubissi Eunice. "Essai d'universalisation du principe d'égalité entre époux : analyse comparative à la lumière des droits français et camerounais." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010297.
Full textThe attempt to universalize the principle of equality consists of analysing it none as static, but as a dynamic concept. It is its openness to a variety of interpretations taking into consideration the needs and aspirations of each society. If that approach contributes to enrich the concept, it wouldn't lead to empty its content. That is the main challenge of this study, which, probably imperfectly has tried to find means and ways, allowing both the affirmation of the universality of the principle of equality and taking into consideration local particularities. Equality between spouses, because it is grounded in the thinking behind the idea of family, makes the task difficult. Indeed, family has a profound anchorage in the mainstream thinking, and discussions around it are rarely conducted without passions and ideologies. To that, one should add that economic, political and sociocultural considerations which build up a symbolic world, and so affecting the interpretation in concreto of the principle of equality between spouses. One thing for should be kept in mind: only diverse and varied contributions could give all its meaning to the universality of the principle of equality, which to some extent, is a rich and beautiful conquest. Even if implementation difficulties of the principle remain to deal with, there are more important when its transposition is envisaged in other geographical areas. Thus, there is a necessity of prudence and the requirement of some subtility. The charm of the principle of equality could reside perhaps in the fact that it is in a constant evolution
Marmayou, Jean-Michel. "L' unité et la pluralité contractuelle entre les mêmes parties : méthode de distinction." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32048.
Full textHow to distinguish the unity of the contractual plurality between the same parties ? Why this question ? Because it is often difficult to determine the legal regime of the contractual arrangements between the same parties. Because, depending on whether the arrangements consist of one or several contracts, the legal consequences are different. Because, it is useful to distinguish the unity of the contractual plurality. What is the solution ? A method, it is a necessity. Only a method allows to answer systematically all the hypotheses of combination, fusion that the contracting parties imagine. Only a method allows to grasp in an harmonious way the products of the contractual freedom as a rule. What is the method ? Probably the one that we had finalizes in the part I, then put to the test in the part II. It supposes two stages. .
Balsan, Laurie. "Les sociétés de gestion collective : contribution à l'étude du lien entre sociétés et auteurs ou artistes-interprètes adhérents." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/out/theses/2007_out_balsan_l.pdf.
Full textCollective administration presents considerable advantages. Most of the time, authors or artists are isolated individuals. Free market rules would probably lead to very low incomes for them. Doctrine on the whole agrees on the fact that individual administration of rights would induce considerable practical problems for the author or the “isolated” artist. The incapacity for the holders of such rights to manage these rights alone requires them in practice to use the services of a collective administration body. Collective administration bodies can be defined as follows: « specific non trading companies whose partners must be owners of copyrights which are pooled for common administration purposes. The collective administration mission of these bodies mainly consists in controlling and defending such rights, promoting its members' interests and delivering licences for the benefit of their members, and finally collecting and allocating licence remunerations ». Obviously, these bodies are at the junction of several laws on the common base of civil law: intellectual property law, corporate law, competition law, etc. And other specific laws at different degrees. In addition, on the basis of some court decisions, it seems that a specific rule is applicable to these bodies in the form of an "ultra special law” i. E. "collective administration companies law”. Concerning these bodies, the partitioning between various laws leads to a blurred system. The goal of this thesis is to clarify all the rules applicable to collective administration bodies and more precisely to the relationship between these bodies and their members. Finally, the purpose of this study is to demonstrate the consistent legal form surrounding this relationship
Receveur, Bee. "La Force obligatoire du contrat de société : contribution à l'étude des relations entre droit des contrats et droit des sociétes." Phd thesis, Université de Cergy Pontoise, 2013. http://tel.archives-ouvertes.fr/tel-00949391.
Full textBrunet, Alain. "Incomplétude contractuelle : gestion active des contrats internationaux." Paris 2, 2005. http://www.theses.fr/2005PA020040.
Full textDukay, Bernadett. "Les enjeux des nouvelles relations contractuelles dans le commerce électronique entre professionnels." Paris 2, 2009. http://www.theses.fr/2009PA020101.
Full textHassaim-Mauvais, Malha. "La gestion du risque dans les contrats conclus entre la France et l'Algérie." Paris 1, 1999. http://www.theses.fr/1999PA010292.
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