Dissertations / Theses on the topic 'Contrats – Réforme'
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Babahacene, Sarah Fadila. "L'après contrat de distribution." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10039.
Full textThe distribution contract, legal framework, governed at the time of its formation by a legal and jurisprudential construction at the preliminary contract, and during its execution by the Civil Code, the Commercial Code and the rules of competition law. The question arises, however, what governs beyond its end. This particular period is named : the post-contract distribution. Whatever the reason for termination, when the distribution contract is over, it is necessary to consider the nature of the rules governing post-contractual relationship between contractors. Today, the general law of contracts is insufficient about the liquidation of the contractual past between distributor and supplier. Another right emerge, influenced in part, by the economy and the internationalization of the distribution contract involving the inspiration of foreign laws; Community and international law, but also, many reform projects of obligations laws. All these reflexions will establish a more practical approach to the legal regime applies to this complex period of the post-contract distribution
Maghia, Quentin. "Le nouvel équilibre du bail commercial, depuis les dernières réformes (2014-2018)." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10040/document.
Full textThe main objective of the Pinel law was to restore the balance in relationships between landlords and tenants. The legislature, as suggested Guillaume Buy, has again held that "the lessee was in position vis-à-vis its weakness lessor as the employee would be vis-à-vis his employer." I studied in my research paper the provisions of the law Pinel considering, as legislators, that they had to be rebalanced. But only was this true? When the status of commercial leases was created, it was mainly to protect small shopkeepers, such as craftsmen, bakers, tailors, etc ... At that time, these traders were not actually deal with armed donors. This is what the 1953 Legislative Decree exposed, citing that tenants traders were in a perfect 'ignorance of their rights. "Today, is this objective of balance by tenant protection still relevant? The new reform of contract law, applicable since 1 October 2016, is likely to have a significant impact on the practice of commercial leases, in particular through the significant imbalance. What will be the impact in practice? This thesis is therefore a global reflection on the balance of this particular contract. In disentangling the sensitive and important points, it will return to the methods of "re-balancing" adopted by the legislator from 1953 until today
Maisonnat, Bérangère. "Etude sur le renouvellement normatif du droit des contrats." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020091.
Full textThe study of the normative renewal of contract law requires a general presentation of the phenomenon before taking an in-depth look at its impact. Firstly, this phenomenon is easily noticeable and calls attention to two crisis : a “growth crisis” and a “normative crisis”. Both highlight a tendency to exploit norms by making them instruments of harmonization, protection, standardization or persuasion. The innovation comes from their substance, their elaboration or their enforcement, however, the articulation of the various contract law norms and their integration within the domestic legal order raise many issues that need to be addressed. Secondly, this renewal’s potentiality to influence and impact contractual models needs to be questioned. Taking the recent reform into account, it seems that the normative renewal has taken a major role in the modernization of the Civil code. Indeed, converging movements towards both contractual flexibility and legal security are visible. However, this normative renewal movement is still unable to promote a modelling of contract law that would allow it to maintain its coherence in spite of the major transformations taking place. As such, the normative renewal of contract law shows its limits
Grand, Stéphane. "Le nouveau droit des contrats en chines : la culture juridique traditionnelle face au défi de la réforme du 1er octobre 1999." Paris 1, 2000. http://www.theses.fr/2000PA010174.
Full textNichil, Geoffrey. "Provisionnement en assurance non-vie pour des contrats à maturité longue et à prime unique : application à la réforme Solvabilité 2." Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0200/document.
Full textWe consider an insurance company which has to indemnify a bank against losses related to a borrower defaulting on payments. Models normally used by insurers are collectives and do not allows to take into account the personal characteristics of borrowers. In a first part, we defined a model to evaluate potential future default amounts (provision) over a fixed period.The amount of default is the key to our model. For a borrower j and an associated maturity Tj, this amount is max(Sj Tj -Rj Tj ; 0), where Sj Tj is the outstanding amount owed by the borrower and depends on the borrowed amount and the term of the loan, and Rj Tj is the property sale amount. Rj Tj is proportionate to the borrowed amount; the proportionality coefficient is modeled by a geometric Brownian motion and represents the fluctuation price of real estate. The couples (Maturity of the loan, Term of the loan) are modeled by a Poisson point process. The provision Ph, where h is the maximum duration of the loans, is defined as the sum of the random number of individual defaults amounts. We can calculate the mean and the variance of the provision and also give an algorithm to simulate the provision. It is also possible to estimate the parameters of our model and then give a numerical value of the provision quantile. In the second part we will focus on the solvency need due to provisioning risk (topic imposed by the european Solvency 2 reform). The question will be to study the asymptotic behaviour of Ph when h ! +1. We will show that Ph, well renormalized, converges in law to a random variable which is the sum of two random variables whose one is a Gaussian
Jamal, Mona. "Le contrat d'adhésion : étude comparée des droits français et koweïtien." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA017/document.
Full textThe contract of adhesion has been the subject of doctrinal debate for long time and usually arises during the signing of contracts. In such conditions one party will be in a position of inferiority compared to the other contracting party. This imbalance will usually be in favor of the first party who prepared the contract. As for the second party who will not be in the position of negotiating, they will merely adhere to a pre-established contract without having the possibility to discuss the terms. In this context, the law of the parties’ sometimes causes inequalities and certain abuses. The new reform of French Civil code law dated 10 Feb. 2016, marks an evolution; Hence, the importance of a reflection on the concept of the contract of adhesion in French and Kuwaiti law. The comparative approach allows us to grasp the points of convergence and divergence that exist between these statutes in regard to both the legal system of the contract of adhesion and the level of protection. This brings us to question whether the Kuwaiti law can be improved by embracing the French law
Bouskia, Samia. "L’exception d’inexécution." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0411.
Full textA renewed study of the exception of non-fulfilment is of definite interest after its general recognition in the Civil Code. The Ordonnance No. 2016-131 of February 10th, 2016 reforming the contract law, the general regime and the proof of obligations introduced two applications of the exception of non-fulfilment in the common law of contracts. The first one is “classic”. It allows a party to refuse to perform its obligation as long as the other party does not perform its obligation (article 1219 Civil Code). The second is more innovative in that it confers an anticipatory function with the exception of non-fulfilment (article 1220 Civil Code). The legal law of contracts thus provides a means of penalty for the economic efficiency of the law. The comparative approach of the exception of non-fulfilment reveals that French law is in line with most European countries.The critical analysis shows that the new Articles 1219 and 1220 of the Civil Code are relatively incomplete and unclear. The purpose of this study is to demonstrate that recognition of the exception of non-fulfilment in the Civil Code does not dispel uncertainties and shortcomings of previous case law. The renewed practical approach of the mechanism reveals that judges have considerable flexibility, so they could decide to take up the previous case law. The study proposes a reading grid of these new texts. After the contract law reform of 2016, practitioners will have to refer to the interpretation of the new texts that will be made by judges
Khoriaty, Rita. "Les principes directeurs du droit des contrats : regards croisés sur les droits français, libanais, européen et international." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020042.
Full textThe comparison of the guiding principles of contract law in French, Lebanese, European and international laws reveals on one hand a convergence in terms of identifying the guiding principles of contract law and on the other hand a divergence interms of implementing these principles.The convergence arises from the same principles - namely the principles of contractual freedom, contractual security and contractual “loyalty”2 - underlying the general theory of contracts in all three laws. This convergence is due to two mainfactors: firstly, a logical factor that is the inductive reasoning that allows extracting the guiding principles of contract law, and, secondly, a political factor based on the similarity of the general objectives of contract law in the three laws. As for the divergence in terms of guiding principles implementation, it is revealed through reinforcing in European and international laws, the guiding principles of contractual freedom and contractual “loyalty” as well as the adjustment of the guiding principle of contractual security. This divergence could be explained by the existence of specific needs of international trade. However, it should rather be related to the influence of foreign national laws different from French and Lebanese laws
Barry, Sarah. "Les pourparlers précontractuels en droit québécois : de l’opportunité d’une modification du Code civil du Québec à la lumière des récentes réformes française et allemande." Thèse, Montpellier, 2018. http://hdl.handle.net/1866/21173.
Full textCodognet, Marc-Kévin. "L'analyse économique des contrats d'accès aux réseaux dans les réformes concurrentielles." Paris 11, 2006. http://www.theses.fr/2006PA111016.
Full textBento, de Carvalho Lucas. "L'apport du droit du travail à la théorie générale de l'acte juridique." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0105.
Full textBy the representations it conveys and the solutions it encourages, the building of ageneral theory is never neutral in an axiological plan. Although its construction is based on knowledgeof Positive Law de lege lata, the resulting order meanwhile remains closely linked to the perceptionsand beliefs of the interpreter. It is in this sense that must be addressed the question of the contributionof labor law to the general theory of the legal act. This study highlights the protean nature of theconsidered phenomenon, without concealing the situations where the discipline resembles more acounter productive model than a true source of inspiration. Adopting a prospective point of view, thisresearch highlights aspects of the labour law likely to encourage the promotion of a theory of the legalact marked by pluralism. The material thus contributes to underline the variety of conditions in whichforms the willingness to engage oneself, just like the diversity of its modes of expression. It alsoshows a certain capacity to translate in the field of law, in order to understand them better, theotherness of the balances of power and the mutability of the factual data accompanying the executionof legal acts
Kebe, Aboubacry. "Les transformations du droit des services publics en Afrique francophone : l'exemple du Sénégal." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH002.
Full textIn essence, by codifying administrative law, the Senegalese legislator adopted an essentially organic definition of the concept of public service, which consists in entrusting the management of the public service exclusively to legal persons governed by public law. This mainly organic criterion has been widely denounced by legal writers, who note the absence of a rigorous definition of the concept of public service, which does not associate private individuals with public management and which does not take account of its developments in France.This Senegalese concept of public service has been called into question by endogenous and exogenous circumstances. Initially, the organic criterion of public service was affected by the crisis of the interventionist state, which resulted in "less state, better state". Then, the organic criterion of the concept of public service has suffered the effects of community law of the WAEMU and OHADA since they put forward a functional or material criterion to govern the activity of public bodies involved in the economy. In addition, the UEMOA recommends performance obligations to Senegalese public services, which impact on the traditional conception of public service. These changes have also justified public service reforms and the renewal of public management favored by the emergence of African Union instruments, through the African charter of public service. It is therefore a question of confronting the organic conception of the public service with the test of the changes undergone by the administrative law and the public services
Guégan, Elsa. "Essai de réforme des nullités des décisions sociales." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G033.
Full textThe company law provides for a special nullity system, applicable to acts and décisions of the company. However, the increase of litigation, reinforced by abstruse rules, and the different jurisprudential interpretations, highlights the inadequacy of the current rules. This is what we propose to demonstrate in the first part. The imperfection of the rules appears as soon as the field of the special law is studied. The analysis of grounds of nullity confirms the shortcomings of the positive law. The system of nullity, based on the distinction between violation of an express provision and violation of an imperative provision, causes inextricable difficulties. The unpredictability of solutions is strengthened by an unstable caselaw. Moreover, the study of the process by means of a court declaring the nullity of an defective act or decision leads to the same negative comments. Taking the imperfection of positive law into account, we conclude the need for legal reform. Accordingly, we propose in the second part the means of a possible reform. To make the rules easier to understand, we have to redefine the field of the nullity system but also to simplify and modernize the rules, according to transformations which have marked the company law in recent years. Finally, a comprehensive reform of the nullity system implies the rebuilding of the procedural rules, in order to decrease litigation and to reduce the disruptive effects of the sanction on the company
Castaing, Sébastien. "Antécédents et effets de l'évaluation du contrat psychologique dans la fonction publique." Toulouse 1, 2006. http://www.theses.fr/2006TOU10052.
Full textNew public personnel management practices, which are implemented in the French civil service, generally aim to give greater importance to efficacy and efficiency in administrative functioning. Users expect a high-level public service quality; taxpayers expect to pay a low cost for it. These management practices could influence public employment relationship that is usually based on public service values as treatment equality, loyalty and public interest. Psychological contract concept is applied to understand the public employment relationship evolution in the French civil service. Individual perception of the promises fulfilment by the organization represents psychological contract evaluation. In the French civil service context, psychological contract is supposed to be based on public service ideology. During important organizational changes, psychological contract evaluation could notably influence servants work commitment. This thesis studies the psychological antecedents and the attitudinal consequences of psychological contract evaluation. It uses a deductive process. Research hypothesis were tested on a sample of 1023 servants
Breton, Éléanor. "La raison du territoire départemental : la contractualisation comme instrument de revendication d’une juridiction territoriale par les conseils généraux : le cas d’un conseil général (2001-2015)." Thesis, Paris, CNAM, 2019. http://www.theses.fr/2019CNAM1276.
Full textThis thesis concerns the “contractualization” of subsidies set up by the Departmental Councils to co-finance the projects of local infra-departmental authorities. These policies of territorialisation of public action are part of the dynamics of recomposition of power relations between local authorities. Based on a case study, the thesis shows how local contractual arrangements were constructed and implemented from the 2000s as instruments to enable the Departmental Council, weakened by the reforms of local institutions, to exercise control over its territory. The creation of rules, work organisations, knowledge and statistical and cartographic tools contributes to structure a “reason of the departmental territory”. These resources provide the Departmental Council with new support that allows it to assume the role of "expert prescriber" of spatial planning of its territory. The processes that contribute to the claim of this territorial jurisdiction by the Departmental Council are empirically captured from the analysis of the multiple material and ideal investments it involves and the political-administrative relations that shape it. This actor-level approach makes it possible to highlight the interdependence relationships and asymmetries that structure local political relations and to understand the limits of such an undertaking. The thesis is at the crossroads of a sociology of public action "in the making" and a sociology of political and administrative work. It questions what instruments of governance, such as contractual arrangements, and the attempts at political control they contain can teach us about contemporary forms of local government and the territorial embedding of power
Chamming's, Gaële. "Le droit français de la commande publique à l'épreuve du contrat de partenariat : du partage des risques à la Réforme de l'Etat." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40019.
Full textPrivate public partnership has noticeably been introduced in the French public law ofgovernment contract by the Act of 17 June of 2004 relative to Partnership contract. Largelyinspired from the Anglo-Saxon system and approved unanimously by the EuropeanCommission, it is noteworthy that prior to the Act private public partnership techniques wereofficiously already in used through different type of complex contractual settings. Subject toseveral reforms in 2008 and 2009, they were successively praised and criticized. Indeed, PPPhas been decried as affecting the national public procurement law and particularly because itsimplementation has been facilitated by different ambiguous construction regarding its capacityto fulfill public service missions.PPP innovates both by its contractual specificity with regards to the sharing of risk arising duringthe performance of contractual obligations and by its derogatory character due to the rule, whichhas frequently been reaffirmed by the Constitutional Court, that the use of PPP is subject tostrict conditions. The two aforementioned distinguishing features made this new contractualengineering a particular public contract law.Notwithstanding the lack of any legal definition of PPP, this research aims firstly to ascertainhow risk sharing, which is the pillar of this instrument, is the driving force behind thedevelopment of partnership contract. This research also aims to determine how PPP, throughits contractual technicalities, can be a tool in the reform of the State
Chamming's, Gaële. "Le droit français de la commande publique à l'épreuve du contrat de partenariat : du partage des risques à la Réforme de l'Etat." Electronic Thesis or Diss., Bordeaux 4, 2011. http://www.theses.fr/2011BOR40019.
Full textPrivate public partnership has noticeably been introduced in the French public law ofgovernment contract by the Act of 17 June of 2004 relative to Partnership contract. Largelyinspired from the Anglo-Saxon system and approved unanimously by the EuropeanCommission, it is noteworthy that prior to the Act private public partnership techniques wereofficiously already in used through different type of complex contractual settings. Subject toseveral reforms in 2008 and 2009, they were successively praised and criticized. Indeed, PPPhas been decried as affecting the national public procurement law and particularly because itsimplementation has been facilitated by different ambiguous construction regarding its capacityto fulfill public service missions.PPP innovates both by its contractual specificity with regards to the sharing of risk arising duringthe performance of contractual obligations and by its derogatory character due to the rule, whichhas frequently been reaffirmed by the Constitutional Court, that the use of PPP is subject tostrict conditions. The two aforementioned distinguishing features made this new contractualengineering a particular public contract law.Notwithstanding the lack of any legal definition of PPP, this research aims firstly to ascertainhow risk sharing, which is the pillar of this instrument, is the driving force behind thedevelopment of partnership contract. This research also aims to determine how PPP, throughits contractual technicalities, can be a tool in the reform of the State
He, Jing. "La réforme du droit chinois du transport maritime de marchandises." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1009.
Full textThe carriage of goods by sea constitutes at present time a pillar of international trade and one of the principal engines for the globalization. For this reason, the law of the carriage of goods by sea, being as the primary trigger for the maritime law, remains always its essential position in this domain. Due to the technological progress in the construction of the vessels and to the changes of the operational mode of maritime exploitation, the relevant laws in force are confronted with progressive transformation in practice. Particularly in relation to the Chinese maritime law, because of absence of the tradition in this regard, it has been inspired inevitably by the international norms, with respect to its development. At the current time, the question here is whether to introduce some new instruments, and in particular the Rotterdam Rules, in the process of modernization of Chinese positive law ? The present research is intended to provide some recommendation notices, proposed for the reform of the Chinese law of carriage of goods by sea, vis-à-vis the Rotterdam Rules. In the context of a worldwide economy, the modernization of the Chinese positive law, and especially in terms of maritime law, should be deployed with the following sprits: the participation and the integration to the international system on the one hand, and the recognition of its particularities in the course of the legislation on the other hand
Baubonne, Mickaël. "La rationalisation de l'organisation territoriale de la République." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0043/document.
Full textThe abundance of proposals aiming to redraw the map of the local authorities reflects the remaining gap between their size and their role. Some authorities cannot effectively exercise their powers anymore. The first solution would be to redraw the boundaries of the local authorities; the second one would be to change the role of each level of local authorities. In both case, it is the territorial organisation of the Republic which should be reformed. It is then up to legal experts to determine whether the legislative power is allowed by the Constitution to carry out alone those reforms. If the Constitution does not always assert the jurisdiction of the State to reform the territorial organisation of the Republic, it does not forbid the State to engage alone such reforms. However, the attitude of the legislative power was to protect the interests of the existing local authorities by avoiding to remove units and by not setting a normative hierarchy between them. Consequently, the reforms carried out by the State have failed to resorb the gap between the size and the role of the local authorities. This failure does not give proof of constitutional constraints, contrary to what is argued in the political discourse. It reveals by contrast the weight of the political constraints which the legislative power has to face with, especially because of the combination of elective offices. The end of this French peculiarity will maybe confirm this assert
Wang, Chunan. "Essays on Delay Reduction Contract, Airline Networks and Agricultural Land Marketization." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10024/document.
Full textThis thesis consists of three self-contained papers, each of which corresponds to one chapter. The first chapter, jointly written with Estelle Malavolti, studies the optimal design of delay reduction contract signed between an ANSP and a monopoly airline. In the contract design, we mainly consider the adverse selection problem. Moreover, we conduct comparative-static analysis to study the effects of safety standard and flight frequency on optimal contracts. Besides, we use numerical examples to study when a welfare-maximizing ANSP has to use public funds to provide the service. The second chapter investigates the dual roles of congestion delays and horizontal product differentiation in airline network choice. I find that, first, because of the inclusion of congestion delays, the airline may choose the point-to-point network even when the extra travel time disutility of one-stop services is relatively low. Second, without considering the airline's fixed investments of developing a hub airport, the 2-hub network will dominate the three other network structures as long as it is feasible, as it involves the horizontal product differentiation in more markets than the three other network structures. The third chapter, jointly written with Wanjun Yao and Shigeyuki Hamori, empirically finds that the higher land allocation efficiency improves the average land productivity by 29.1% and the larger average operational farm size reduces the average land productivity by 9.2%, implying that the agricultural land marketization in China finally improves the average land productivity by 19.9%
Bissaloue, Sylvie. "La renégociation contractuelle en droit français et en droit de l'OHADA." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1051.
Full textRenegotiation remains one of the most exciting but also the most controversial judicial mechanisms of the last two centuries. In long-term relationships, which are more sensitive to changes in circumstances, contract efficiency and flexibility are linked. Since the Craponne Canal 1876 legal judgment, it was assumed that renegotiation could arise only when supported by the parties or the contractual term. In France, the 2016 civil code reform breaks with this case law and definitively establishes the doctrine of unforeseeability. Although important progress has been made, the duty to renegotiation still remains unclear. This is also the case for the recognized importance of contractual autonomy. The OHADA law is favorable for renegotiation. Launched as part of a set of uniform judicial acts on contract law, the legislator intends to devote renegotiation for hardship. This law could well learn from the reform of French law, but also from the experience of African courts. African judges, quickly became aware of the inadequacy of a rigorous application of the civil code of 1804 to legal cases consistent with the African socio-economic context which is different from that of a french defendant. As a consequence, these judges, using various strategies, would often impose contract renegotiation when necessary. Nowadays, renegotiation is commonly used in trade and this might well strengthen the OHADA legislator in developing the future uniform act on contract law. For this, information provided by the arbitral jurisprudence on the matter will be valuable
Guyet, Guillaume. "Le concept d’autonomie dans les obligations privées : Aspects techniques et philosophiques." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40026.
Full textWe became used to adopt some concept of autonomy a perception which is the one of a decline, largely predicted from the XIXth century at the critical authors of the contract. All arguments contributed to this interpretation and many things seem to go this way. Actually, the concept uncovers a classical upheavel of distinctions whiches verifiable from the point of view of sources or authorities defining langage (legislative, judicial autonomy). In fact, the first autonomy of subjective nature was not as contradicted as it was supposed to. The individual or collective autonomy continues to define the legal person according to a more or less narrow tenure of its rights, liberties, capacities or powers. As a matter of fact it contributes to focus on an essential frame and persists in a kind of moral control of the wills and of the individual identities confronted to excessively objective mechanisms. A similar resurgence of the ancient roman law vocabulary, under the pretext of contractual balance, paradoxically allows a destabilization between the parts. So it is to the renewed autonomy strong on new requirements that we appeal. A moral plan succeeds the theoretical plan under the perspective of the protection of the wills. The autonomy adapts itself while remaining in compliance with an original subjective sense. She could become a reference of regulation, including for the international contracts. French law would then have an opportunity to recover, at least from the point of view of the interpretation
Scaillerez, Arnaud. "Les processus de recrutement au sein de la fonction publique territoriale : pratiques, enjeux et perspectives." Thesis, Lille 1, 2010. http://www.theses.fr/2010LIL12014/document.
Full textThis study examines the practices, stakes and perspectives of hiring within the regional civil service. The legal texts that dictate hiring practices and their evolution form the basis of this study in order to compare them with the reality of hiring by local employers (regional organisations and public establishments) in connection with regulations.Local recruiters have to deal with complex circumstances which require them to adapt their hiring practices.In human resource management, hiring is an essential activity as it might incorporate individuals for the duration of their career. It is, therefore, essential to give it the utmost attention and to apply the whole gamut of operational tools. Today, beyond the traditional logic of competitive exams, recruiting must permis the evaluation of skills, potential and personality.This study therefore aims to examine the relation between norms and practices. It explores actions observed in the course of our investigations while presenting possible solutions for decision makers in regional civil service
Nkengne, Nkengne Alain Patrick. "De l'information à la prise de décision, analyse du processus de politique publique en Afrique francophone : le cas de la politique des enseignants contractuels de l'Etat." Phd thesis, Université de Bourgogne, 2011. http://tel.archives-ouvertes.fr/tel-00586375.
Full textEbata, Rodrigue N. "La résolution du contrat de vente en droit OHADA : d’une réforme à l’autre." Thèse, 2012. http://hdl.handle.net/1866/10367.
Full textThe Treaty on Harmonisation of Business Law in Africa signed on October 17th, 1993 created the Organisation for Harmonisation of Business law in Africa (OHBLA).OHBLA organises common rules on resolution of sales contracts. The Book VIII of the Uniform act on General Commercial Law adopted on December 15th, 2010 replaces the previous act of April 17th, 1997. According to article 281 of this uniform act, contract resolution only occurs when there is a partial or total non execution of one party’s obligation. The present study is going to examine one of the difficulties that exist in the resolution of sales contracts in African business law. Our study will consist in evaluating the consequences of substitution of the substantial privation criteria by the seriousness of the debtor’s behaviour in OHBLA sales law. This substitution justifies a unilateral contract termination. This new OHBLA law position somehow distinguish itself from material uniform law and joins a new position socioeconomically more adapted to regional and even international business. Moreover, the prejudiced party will have to determine the gravity of the debtor’s behaviour risking to be punished for lack of motives and according damages to the other party. In fact, in order to save the contract by all means according to the favor contractus principle, how will the judge subsequently determine if the debtor’s behaviour gravity is enough to breach the contract? This new criterion of the gravity of a contracting party’s behaviour comes in replacement of the substantial privation criteria and enhances the cohabitation of the traditional judiciary termination and the unilateral cancellation which is still uncertainly defined. Cases related to contract resolution caused by non-execution of mandatory or accessory obligations in OHBLA law will be carefully examined as well as their effects on contracting parties. In a comparative approach with the Vienna Convention and private codifications such as UNIDROIT principles or European contract law, we will wonder about the use and the consequences of resolution of sales contract in OHBLA law caused by non-execution a mandatory obligation on one part and the gravity of one party’s behaviour on the other part.
Koudogbo, Jeanne. "Portrait actuel des connaissances d'élèves de troisième année de l'ordre primaire et de situations d'enseignement sur la numération de position décimale." Thèse, 2013. http://www.archipel.uqam.ca/5607/1/D2515.pdf.
Full textCambrezy, Mélanie. "Quand l'aide se mêle de la paix : normes, pratiques et impacts de l'aide en Palestine." Thèse, 2016. http://hdl.handle.net/1866/18514.
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