Dissertations / Theses on the topic 'Défaut de la chose'
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Garcia, Fanny. "Le défaut indécelable de la chose en droit de la responsabilité civile." Nantes, 2008. http://www.theses.fr/2008NANT4005.
Full textSeveral liability suits are open to the victims of damage caused by the undetectable defects inherent to goods. Yet, none of these are really appropriate regarding the specificity of such defects. The major difficulty lies in the fact that it is almost impossible to prove the cause of the damage and the relation of cause and effect between both. Producers meet the same kind of difficulties when trying to exonerate themselves from their liability. These facts testify to the inappropriateness of the French Positive Law's capacity to take into account the undetectable defect inherent to goods. This explains partly why Producers turn to contractual techniques in order to protect themselves against this type of defect, and also, why Insurance Companies refuse to cover unknown risks such as the undetectable defects of goods. Presently, the only way for victims of such a defect to obtain compensation is through National Solidarity. Therefore new perspectives must be enforced to protect the victims. These new ways must find their sources in the Civil and Insurance Law and also remain in the existing National Solidarity. From a legal point of view, the undetectable defects are included in the insurable risks. Nowadays, Producers are subject to a compulsory insurance. This type of Insurance is preferable to a direct damage insurance, which is generally presented as being too unfair. The concept of National Solidarity must remain. Yet, it must be confined to a subsidiary role. Moreover, it is necessary to create in addition to the existing mechanisms, a solidarity fund that would be financed by the diverse branches of activity that create risks. Some adjustments must also be made to the Civil Law. These modifications must begin with the difficulties of proving the fault and end with the extinction of the duty of Vigilance. They also must concern the rules of traceability and imputability. The adjustments must be extended in favour both of the victims and the Producers. They seem to be imperious in order to set a fair repartition of the damageable effects of undetectable defects of goods
Atani, Adèle Massama-Esso. "Transmission des droits et actions attachés à la chose." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3004.
Full textThe principle of transfer of actions and rights « attached » to thing‘s analysis is usually irritating, partly because of the apprehension of its mechanism seems complex; secondly because its status as praetorian creation seems to affect mainly advance any hope of control. This is so because it is assumed that, like all "Principles created by judge", it is subjected to constant pressure from the facts and need justification of its relevance almost constantly. Therefore, at best, it will match with the fluctuating demands, thus preventing any attempt at systematization, at worst; it will disappear, giving way to some principles of the Civil Code, such as articles 1165 and 1166 of the Civil Code which it is supposed to circumvent. But it is noted that this creation continues. The Principe of transfer of actions and rights is criticized sometimes, it stumbles but it steals alive. Its continued strength is probably due to the simplicity (apparent perhaps) of the problem raises. At the intersection of property law, contract law and procedure, the principle of rights and actions “transferred” with the thing offers the image of a joint judicial and doctrinal work. Developed over two centuries, the work reveals, despite this relatively long period of maturation, shortcomings
Husserl, Edmund Lavigne Jean-François. ""Chose et espace"." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37607100b.
Full textLavigne, Jean-François. "Husserl : chose et espace." Poitiers, 1987. http://www.theses.fr/1987POIT5021.
Full textFirst part : french translation of husserl's dingvorlesung (1907 summer term course) and of complementary texts, as published in the original ed. By u. Claesges (hua, 16) husserl defines there the fundamental notions of his phenomenology of perception. Then, after a fundamental analysis of the simpler case of perceptions wherein sense data remain unchanged, he develops the intentional implications of cinetically synthetized perceptions; it leads to pointing out the essential inadequateness of every perception of a thing. The last two divisions of the work are dedicated to the study of the kinesthesis-sense field coordination, and to its definite type. Second part : 1) translator's brief comments and critical remarks, related to the first part text. 2) a synthetic essay on husserl's theory of the constitution of material things in perception : the a. Sets forth the decisive import of passive synthesis and its phenomenology. He traces the double fundamental question of the meaning of "being" and "being-so" in the case of material reality. He criticizes the wrong understanding of "phenomenological attitude" as a "reductive" operation --a typically cartesian gesture. Hence the methodological and logical requirements of the concept of constitution. Analyzing the presuppositions of the latter, the a. Shows that founding the constitutive a priori upon a "genetical" a priori ultimately leads to contradiction : phenomenology, as transcendental, proves to be either a modern empiricism,. .
Sabathié, Erika. "La chose en droit civil." Paris 2, 2004. http://www.theses.fr/2004PA020044.
Full textCuperlier-Pradel, Valérie. "Le risque de la chose." Paris 12, 2000. http://www.theses.fr/2000PA122007.
Full textBoffa, Romain. "La destination de la chose." Montpellier 1, 2004. http://www.theses.fr/2004MON10013.
Full textCoudert, Sarah. "La mise à disposition d'une chose." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD063/document.
Full textThe provision is a recent notion - across the French law - which has really integrated the legal scope in the last century. Through it, the phenomenon of legal language evolution can be observed, the reasons and the process of integrating a term of the current language in the legal language. Moreover, the extent and speed with which the "provision" phrase has spread in the texts of French law show how the formula meets the need of practitioners. Yet the notion of providing presents, at first glance, no consistency and normative use conceals many contradictions.However, the comprehensive study of the provision give the opportunity to discover a homogeneous concept as a "license to use" concept that calls a special regime. The discovery of certain legal singularities also opens the way for a broader reflection on the relevance of certain conventional classifications, particularly as regards the categories of things and on the distinction real rights / personal rights
Hosseini, Nouchine. "L' obligation de restituer la chose d'autrui." Paris 2, 1990. http://www.theses.fr/1990PA020022.
Full textBlondiaux, Isabelle. "Louis- ferdinand celine et la chose psychiatrique." Amiens, 1991. http://www.theses.fr/1991AMIE0011.
Full textShoshana felman has shown the existence of a constitutive link between literature and madness, a relationship which can implicate an ideological orientation. An autofiction which claims to be a praxis of madness, celine's works are a perfect example of her theory. From the critical point of view, the notion of madness refers to a repression of the ideological orientation of celine's works. By another way, the writer himself has not avoided --either by rejecting or by accepting-- aplay on the madness ideology double approach to the literary text. In other words, pathographic reading of celine's works would be inseparable from a process of repression of the basic ideological orientation of his works; the result of the "psy" alibi would be to avoid the critical problem established by political content. In the same way, the manner by which celine accepts (in the post--war interviews) or rejects (in bagatelles pour un massacre) any possibility of a pathological approach to his works is inseparable from an ideological intention, leading to a new questioning of the worth and the ideological weight of a style which claims to value the perceivable over the intelligible and feelings rather than words
Larochelle, Pierre 1972. "Les recours du vendeur de la chose mobilière." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22697.
Full textThis thesis not only attempts to systematize and to understand the different recourses of the seller of moveables, but also to identify the different problems which will be faced in the years to come. In this thesis, the author also takes the opportunity to express his opinion on numerous issues which he brought up on this regime of the Civil Code of Quebec.
Ascensio, Hervé. "L'autorité de chose décidée en droit international public." Paris 10, 1997. http://www.theses.fr/1997PA100143.
Full textThe notion of "authority of decisions" is used to describe and understand the juristic value in international law of a category of unilateral acts : those acts which may impose obligations to their subjects without their consent, such as decisions of the security council of the united nations. Reference to french public law can be useful, even if international law is a very different legal system characterized by a very loose structure. This authority is defined by four criteria : insertion in a legal system with an organic structure, existence of authoritative organs, binding effect of decisions, review of the decisions by a judicial organ. The first and the second criteria make clear that there are three types of organs capable of creating law unilaterally in international law: organs of international organizations, states as organs of international law, and "composite" organs. The third and fourth criteria show the specific relationship which is essential for authority : application and discussion of the authority of decisions. Then, the notion of "autorite de chose decidee" constitutes a very efficient tool to analyse all types of decisions in international law. Precisions about the obligation and about its limits in case of judicial review are provided. Consequently, decisions are obligatory and may be executed without delay. More developed international forces are required to make decisions more efficient
Bouty, Cédric. "L'irrévocabilité de la chose jugée en droit privé." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32023.
Full textEither in civil or in criminal procedure, the irrevocability of res judicata has never been thoroughly studied contrary to the authority of res judicata. Forbidding a dispute to born again in order to create legal certainty is always the goal. But the authority of res judicata prevents from filing a new claim in a case adjudicated whereas the irrevocability of res judicata excludes to appeal. To elaborate the status of irrevocability of res judicata is possible notwithstanding academicians’ lack of interest. A judgement becomes final when appealing is not allowed (part I). In these circumstances, the concept of appeals must be determined. In addition, appeals which have suspensive effect can be distinguished from appeals which have resolutive effect. Appeals which have suspensive effect are the condition for the res judicata to access to the irrevocability. Appeals which have resolutive effect can’t prevent a judgement to become irrevocable. Substantive law determines the moment when a judgement becomes final and the extent of this irrevocability, whether partial or total. Irrevocability’s effects lead to reflect on the end of the trial (part II). The moment when the judgement becomes final is the moment when « judiciary command » enters into force. Furthermore, litigation is the field for new statutes. However, when a judgement is final, the legislator can’t call it in question without transgressing the principle of separation of powers. Procedural effects follow the access to the irrevocability. Enforceability rarely coincides with this moment. On the other hand, irrevocability of the final judgement should be the condition for the authority of res judicata
Ségall, Mathieu. "Drago, une galaxie naine sans défaut." Université Louis Pasteur (Strasbourg) (1971-2008), 2006. https://publication-theses.unistra.fr/public/theses_doctorat/2006/SEGALL_Mathieu_2006.pdf.
Full textThe aim of this thesis is to constrain the properties of Draco, especially its dark matter halo. I used different types of observations : photometric and spectroscopic. The photometric surveys, observed with the Isaac Newton Telescope and the Canadian-France-Hawaii Telescope, is used to determine the morphology of Draco, and in particular with the surface brightness profile. I also use these datasets to directly search for some tidal effects in its halo. As my observations are deeper in magnitude than those of the previous studies, I can study the presence of overdensities in the external parts of its halo, particularly along the major axis. The main result is that Draco has a smooth halo. I can also constrain the shape of the core of Draco with some observations at the center of this galaxy, observed with the Hubble Space Telescope. The surface brightness profile of Draco is flat in its central part. With the spectroscopic dataset, I can measure the radial velocity of this dwarf galaxy, but also its velocity dispersion. I find results that are similar to the prvious studies. I also construct the evolution of the velocity dispersion with distance. It shows a flat profile in the center of Draco. All these results give us some insights on the properties of the dark matter halo around Draco. The absence of tidal streams in the halo of this dwarf galaxy confirms that it is massive. The central part of the light profile and the profile of the velocity dispersion give some strong constraints on its shape. These results are in favor of a dark matter halo with a flat core. This is in contradiction with the cosmological simulations which predict halos with steep cores. These contraints can be used to improve the numerical simulations, but also our understanding on the formation of the galaxies
Arpin-Gonnet, Franck. "Exécution des peines et autorité de la chose jugée." Lyon 3, 1992. http://www.theses.fr/1992LYO33030.
Full textBoidron, François. "Parlons d'autre chose : jeu de miroir jouer la vie." Paris 1, 1986. http://www.theses.fr/1986PA010568.
Full textVasilic, Isabelle. "La Chose et l'art minimal : une approche du réel." Thesis, Montpellier 3, 2020. http://www.theses.fr/2020MON30036.
Full textTitle : The Thing and minimal art : an approach of the realDonald Judd's specific objects are symptomatic of the discourse surrounding art. These works enhance the dimension of emptiness and exacerbate the real. The phenomenological issues which characterize this art are verified in immersive devices where the spectator is retumed to an active experience in which he perceives his body as a physical reality. Minimal art is of interest to psychanalysis because it can shed light on Freud's concept of das Ding. This Thing raises a major clinical and ethical problem : it is a foundation of the prehistorical Other, the absolute subject. Lacan says : « what suffers from the signifier ». A prejudice which will point the way for the subject into a meeting with the real, his existence of pleasure. We will examine the Thing as a name for the real in artistical and philosophical fields in which minimal art concerns us. Heidegger's thingness and Merleau-Ponty ontology of the flesh will be challenged by the instinctual body and the object in view. Object as cause of desire, paradigm of the shize of the speaking being, we will demonstrate that it proceeds from the Thing, the latter working behind the object. Creation in its links to questions concerning the structure, to its clinical incidents that inform psychanalysis : harmful pleasure, or the recuperation of pleasure ? The artist responds to his subjective division by creating a work and thereby restoring the dimension of the gap beyond the object : artistic sublimation, practice of words, a knowhow of the real. The symptom conceals a real which orders the existence of the subject : das Ding .Keys words : das Ding, real, pleasure, minimal art, object in view, phenomenology
Brant, Leonardo Nemer Caldeira. "L'autorité de la chose jugée en droit international public." Paris 10, 2000. http://www.theses.fr/2000PA100051.
Full textTranchant, Baptiste Michel Marie. "L'autorité de chose jugée : étude de procédure internationale contentieuse." Bordeaux 4, 2009. http://www.theses.fr/2009BOR40051.
Full textFor a very long time, the res judicata principle arouses jurist's interest. However, it is still causing interpretation differences in the doctrine. The study of international contentious proceedings gives an original viewpoint about the res judicata principle. Indeed, the pratice study proves that in public international law, res judicata consists in the assigning of legal truth strength to the whole certified statements which take part in the reasoning led about dispute in a juridictional decision. It appears that the juridictional decisions' structure (distinction between the reasons and the operative clause) is not relevant in determining what involves the res judicata principle. Far from being assigned to the only operative close or from being recognized to the reasons only exceptionally, res judicata can be applied to every certified report about law and fact that has been necessarily achieved so as to adjudicate on dispute. Res judicata is more lying in the definitive aspect granted to juridictional certified reports than in a compulsory strength applied to normative decisions. Res judicata certifies as rights, in law terms, the official reports proceeded by the judge concerning the parties' situation about the judged dispute. It results of this that res judicata relativity can be assessed considering two facts : the relativity of the legal strength object granted to the judgment (which means the relativity of the judgment's content itself to which legal truth strength is attributed) and the relativity of truth strength's opposability assigned to the judgment (which is, on principle, only opposable in respect of the judged case)
Boidron, François. "Parlons d'autre chose jeu de miroir, jouer la vie." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37596126g.
Full textBrant, Leonardo Nemer Caldeira. "L'autorité de la chose jugée en droit international public /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39100171k.
Full textMerli, Maxime. "Les mesures alternatives du risque de défaut des obligations : notation, écart de rentabilité et probabilité de défaut." Université Louis Pasteur (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR1EC05.
Full textThe default risk is the most important risk for coupon bearing bonds investors. Indeed, it represents the potential non-payment of coupon or coupon and principal by the issuers. Two + tools ; are generally used by professionals in order to measure this risk. The rating is a qualitative measure allocated by agencies such as standard and poor's or moody's. The yield spread is a quantitative measure deduced from asset prices on the financial market. This work is dedicated to the construction of modelisations integrating this potential bankruptcy of the issuer and their validations using market data. Several modelisations are proposed wich use the actuarial default spread or the dynamic evolution of zero-coupon bond prices. In an actuarial approach, we propose an original two parameter model that can be easily used to construct the default probabilities term structure using the prices of long and short term debts of the issuer. With this modelisation, we demonstrate that the actuarial default spread is positively linked to the level of interest rate. This result is in opposition to the ones obtained by other theoretical approaches (for example Leland and Toft (1996)). In another part of this work, we extend the approach for pricing bonds subject to default risk proposed by Jarrow et Turnbull (1995). Our original modeling enables the description of different types of bankruptcy in a unified modelisation. From an empirical point of view, we propose alternative original measure based on the deformation of interest rate term structure which can replace the actuarial yield default spread. Then, we test these measures using various samples of French bonds. We show that the typology induced by ratings is not reproduced in the default spreads. Only four classes of risk are necessary in order to describe the risky bond market. Finally, we study the effect of bond rating change on asset prices and we show that this change is generally anticipated by the investors
Vaseghi, Babak. "Contribution à l'étude des machines électriques en présence de défaut entre-spires : modélisation - Réduction du courant de défaut." Thesis, Vandoeuvre-les-Nancy, INPL, 2009. http://www.theses.fr/2009INPL090N/document.
Full textThe main objective of this research is to establish the sufficiently precise models to study the behavior of electrical machines in the presence of inter-turn short circuit fault and then find the relevant signatures to detect this type of fault. The other objective is to design a limited short-circuit current electrical machines to reduce the risk of fault development. The first modeling approach is a comprehensive study using the time stepping finite element method. The results obtained by this model "finite element" on a MSAP and MAS, healthy and faulty, for different levels of fault severity, are close with those obtained experimentally by two test benches. The second approach is to develop a model circuit electric, whose complexity depends on the type of magnetic structure and the type of machine winding. We have proposed two methods for determining the model parameters: 1 - numerical methods (FEM) which require long time bur very precise; 2 – establish new analytical expressions which is fast but less precise. In the last part, a method based on segmentation of the magnet is presented in order to reduce the short circuit current. The segmented PM motor contains the reduced fault current and can be used in the application which requires high degree of reliability
Vaseghi, Babak. "Contribution à l'étude des machines électriques en présence de défaut entre-spires : modélisation - Réduction du courant de défaut." Electronic Thesis or Diss., Vandoeuvre-les-Nancy, INPL, 2009. http://www.theses.fr/2009INPL090N.
Full textThe main objective of this research is to establish the sufficiently precise models to study the behavior of electrical machines in the presence of inter-turn short circuit fault and then find the relevant signatures to detect this type of fault. The other objective is to design a limited short-circuit current electrical machines to reduce the risk of fault development. The first modeling approach is a comprehensive study using the time stepping finite element method. The results obtained by this model "finite element" on a MSAP and MAS, healthy and faulty, for different levels of fault severity, are close with those obtained experimentally by two test benches. The second approach is to develop a model circuit electric, whose complexity depends on the type of magnetic structure and the type of machine winding. We have proposed two methods for determining the model parameters: 1 - numerical methods (FEM) which require long time bur very precise; 2 – establish new analytical expressions which is fast but less precise. In the last part, a method based on segmentation of the magnet is presented in order to reduce the short circuit current. The segmented PM motor contains the reduced fault current and can be used in the application which requires high degree of reliability
Herlöfsson, Isabel. ""I chose not to choose life, I chose something else" : Film och droger: en tematisk fallstudie av spelfilmer med ett historiskt och psykoanalytiskt perspektiv." Thesis, Stockholms universitet, Institutionen för mediestudier, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-101144.
Full textMinca, Andreea. "Modélisation mathématique de la contagion de défaut." Phd thesis, Université Pierre et Marie Curie - Paris VI, 2011. http://tel.archives-ouvertes.fr/tel-00624419.
Full textDorobantu, Diana. "Modélisation du risque de défaut en entreprise." Phd thesis, Université Paul Sabatier - Toulouse III, 2007. http://tel.archives-ouvertes.fr/tel-00257243.
Full text$sup_{\tau\in \Delta, \tau\geq 0} \esp_v\left[g(V_{\tau})\right] \hbox{~ou}~
sup_{\tau\in \Delta, \tau\geq 0} \esp_v\left[e^{-r\tau}\bar{g}(V_{\tau})\right],$
où $V$ est un processus stochastique, $g$ et $\bar{g}$ deux fonctions boréliennes, $r>0$ et $\Delta$ est l'ensemble des $\F^V$-temps d'arrêt ($\F_.^V$ étant la filtration engendrée par le processus $V$).
L'étude de ces problèmes est motivée par les applications dans plusieurs domaines comme la finance, l'économie ou la médecine.
La première partie est une mise en évidence du fait que le plus petit temps d'arrêt optimal est parfois un temps d'atteinte. C'est pourquoi, dans la deuxième partie de la thèse, on s'intéresse à la loi d'un temps d'atteinte d'un processus de Lévy à sauts ainsi qu'à quelques applications à la finance, plus précisément lors du calcul de l'intensité de ce temps d'arrêt associée à une certaine filtration $\F$. Deux cas sont présentés : quand le temps d'arrêt est un $\F$-temps d'arrêt et quand il ne l'est pas.
Blanchet-Scalliet, Christophette. "Processus à sauts et risque de défaut." Phd thesis, Université d'Evry-Val d'Essonne, 2001. http://tel.archives-ouvertes.fr/tel-00192209.
Full textLa seconde est consacrée à une modélisation du risque de défaut. Nous insistons sur la différence entre l'information liée au défaut de celle du marché sans défaut. Nous établissons des théorèmes de représentation prévisibles pour les martingales dans la filtration élargie.
Monter, Espinosa Maria del Rosario Cristina. "Trois essais sur le risque de défaut." Lyon 1, 2008. http://www.theses.fr/2008LYO10078.
Full textThe first essay analyses the default risk related to the Mexican external debt which exhibits a structural change at the beginning of the 90’s. Different stochastic discount factors are taken into account and a comparison with market data is presented. On the second essay, credit risk is modelled by incorporating simultaneously: (a) a grace period before declaring bankruptcy (Parisian option feature), and (b) the macro economic market conditions (regime switching model). A numerical method is proposed to evaluate the model. The third essay shows how the risk of default is incorporated to the market value of assets and liabilities of a life insurance company under a regime switching model. An econometric study using life insurance data is performed, providing strong evidence of switching behaviour on the market, affecting the contingent claim valuation. Finally, a numerical method is also proposed
Valette, Sophie. "Défaut d'implantation embryonnaire : intérêt de la salpingectomie." Montpellier 1, 1998. http://www.theses.fr/1998MON11066.
Full textDrapier, Sylvie. "Les palliatifs du défaut d'harmonisation fiscale communautaire." Toulouse 1, 2005. http://www.theses.fr/2005TOU10016.
Full textThe subject is define by the negative way the harmonious community tax is studied. Basically other channels will be analysed by way of a synthetic analysis of prospective substitutes. We shall also explain away the reasons why the lack of joint policy requires other solutions schould be found, whose global impact will be studied. The tax system soon appeared as a highly sensitive subject depending on how successful the European Union would be. Despite specific requierements entailed by the evolution of the European Union, markets are fiscally fragmented. Yet, from a European standpoint, the lack of fiscal joint policy among the member states cannot but lead to distorsions. When the free circulation of goods was enforced in the early nineties, the lack of harmonization, which mainly showed in direct taxation, turned into a real problem, all the more so as there was a legal and above all institutionnal lockout. Because of all this, on one hand, alternatives ways, schould they be conventional or not, have been found and integrated into the Commission’s perspective to coordinate the national tax policy while, on the other hand, the european community law court was developed. In fact, we have to conclude on the convincing character of those methods. The first are effective and seems to compensate well for the lack of harmonization, they sometimes even made up for, while respecting the sovereignty of every member state. As for the jurisprudential way, its work is of paramount importance : by its action the court of justice relayed the derived law, therefore circumventing the Council’s passivity ans setting up a solid reference base in the domains that were targeted
Minca, Andreea Catalina. "Modélisation mathématique de la contagion de défaut." Paris 6, 2011. http://www.theses.fr/2011PA066362.
Full textThe subject of this thesis is the mathematical modeling of episodes of default contagion, by which an economic shock causing initial losses and defaults of a few institutions is amplified due to complex financial linkages, leading to large scale defaults. A first approach is represented by reduced form modeling by which defaults occur according to the arrival times of a marked point process. We propose a rigorous approach to the calibration of “top down” models for portfolio credit derivatives, using Markovian projection methods and intensity control. A second, more ambitious approach is that of structural models of default risk. Here, one models specifically the economical linkages leading to contagion, building on the representation of the financial system as a network of counterparties with interlinked balance sheets. The main types of financial distress that cause financial failure are illiquidity and insolvency. Using as underlying model for a financial network a random directed graph with prescribed degrees and weights, we derive asymptotic results for the magnitude of balance-sheet contagion in a large financial network. We give an analytical expression for the asymptotic fraction of defaults, in terms of network characteristics. These results, yielding a criterion for the resilience of a large financial network to the default of a small group of financial institutions may be applied in a stress testing framework by regulator who can efficiently contain contagion. Last, we study the magnitude and dynamics of illiquidity cascades in over-the-counter markets and assess the much-debated impact, in terms of systemic risk, of introducing a CDS clearinghouse
Zhou, Guodong. "Algèbres courtoises et blocs à défaut diédral." Amiens, 2007. http://www.theses.fr/2007AMIE0106.
Full textIt is well-known that blocks of dihedral defect groups over an algebraically closed field of characteristic 2 are, modulo the socle, special biserial algebras, according to the classification of these blocks due to Karin Erdmann. In 2003, Jan Schröer and Alexander Zimmermann proved that the stable endomorphism algebra of a module without self-extensions over a special biserial algebra is a gentle algebra. It is an interesting problem to see which gentle algebras arise in this way, i. E. Those which arise as stable endomorphism algebras of modules without self-extensions over blocks of dihedral defect groups. In the first part of this thesis, we settle this problem and we obtain 65 gentle algebras. In the second part, given a dihedral 2-group and one of its dihedral subgroups of index 2, we propose a formulae which computes the induction from the subgroup to the entire group for a string module. Using a constructive method, we verify this formulae for some particular cases
Margaretic, Paula. "Probabilité de défaut, informations privées et publiques." Thesis, Toulouse 1, 2012. http://www.theses.fr/2012TOU10048.
Full textThe first chapter focuses on three elements of bank runs in reality which combined are less wellunderstood. The first element is the fact that information about the quality of banks' long-run investments is not perfect. The second one is the fact that the quality of banks' investments may be correlated. The third one is the fact that depositors in one bank can observe when there is a run in another bank. This chapter extends the application of global games to examine how these elements affect the deposit contract that banks offer to depositors and the ex ante probability of sequential bank run.The second chapter shares with the first chapter the attention given to the fact that information about the quality of banks' long-run investments is not perfect and that this quality may be correlated. But instead of focusing on sequentiality, the second chapter focuses on the interbank market. Chapter 2 also extends the application of global games to examine this time how the combination of these three new elements affects the deposit contract that banks offer to depositors and the ex ante probability of bank run. The third chapter proposes a dynamic, rational expectation model explain the observed volatility in emerging market risk premia. The model relies on the assumption that investors update their expectations about the unobserved emerging country's capacity to service its sovereign debt if default, based on available periodic information. It then empirically tests the theoretical predictions of the model, using a monthly panel data for 17 EMs over the period 1994-2006
Rostaing, Gilles. "DIAGNOSTIC DE DÉFAUT DANS LES ENTRAINEMENTS ÉLECTRIQUES." Phd thesis, Grenoble INPG, 1997. http://tel.archives-ouvertes.fr/tel-00909645.
Full textRostaing, Gilles. "Diagnostic de défaut dans les entrainements électriques." Grenoble INPG, 1997. http://www.theses.fr/1997INPG0029.
Full textThis thesis deals with sorne methods for improve reliability in electrotechnical devices. The proposed methods are based on analytical redondancy. An approach using astate estimation is developped in order to detect failures on a statie converter-fed DC motor on wich we considered sensor faults and power electronic failures. Chapter II deal with parallel state model and propose two sort of these : "global" and "decoupled~~ model. The second one allowed a good fault detection and localization but was disturbed by load torque variations. Robustness of this model with respect to parameter variations is discussed and results of simulation are shown. Chapter III present an approach to be robust against disturbances : using an Unknown Input Observer. UIFDO allowed good results in term of disturbance decoupling with respect of a good fault detection. This work conclue on the capability of analytical redondancy to detect and localize faults on electric drives
O'Sullivan, Maria. "Entendre autre chose : Roland Barthes as literary critic, 1942-1970." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.540168.
Full textCyr, Nadine. "LE BONHEUR ET LA VÉRITÉ : La même chose selon Aristote." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28233/28233.pdf.
Full textAder, Bérangère. "L'influence de la notion de chose en droit civil français." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40051.
Full textThe influence of the concept of the thing in French civil law presents an apparent difficulty in which the outcome cannot be determined without defining the notion itself. The influence appears in two different forms. Firstly, in respect to itself, and then, for the effects it causes. The first part of the thesis describes the influence of the concept in relation to the sources and areas of civil law. In some areas, the influence is "immediate" and contributes in defining area in which it is exercised, at the same time being used as a foundation and definition (Property/Goods law). In others, the influence is "mediate" and helps in defining the areas not primarily destined for this concept (Right of the Person). These two concepts can be horizontally or vertically related. The influence of the concept of the thing gives an idea how contradicting notions relate, just as it can reveal itself in its appeal for classifying the limits of our existence in the material and existential dimension. But the process of relenting from which the influence derives, inverses the subject/person relation through which the person is reified or instrumentalised. The second part of the thesis concerns the influence of the thing in the methods and effects of interpretation. On the one hand, the influence directly intervenes when the notion uses the interpretation techniques and allows to unveil a procedure of converting into an "object", be it partial or total. On the other hand, the influence in legal reasoning is indirect when the notion is used, actively or passively, as a means of legal equilibrium and when it participates in a legacy impetus/catalyst
Naudin, Jean. "Les voix et la chose : l'epoche hallucinatoire. phenomenologie et psychiatrie." Amiens, 1995. http://www.theses.fr/1995AMIE0006.
Full textWhere psychiatry and phenomenological philisophy cross, we find binswangerian dasainsanalysis. Following this line we compare in this work hallucinatory experience and phenomenological reduction. "voices" are describes as an authentic "hallucinatory epoche". Bracketting the common medical attitude, we discover what the voices are meaning in what concerns the constitution of the world, and particularly the problems of the intentionality, the time and the other. We have may be to abandon the ontological primacy of perception for understanding this constitution as prior a narrative phenomenon. The voices themselves are always-already involved within more global configurations we named "hallucinated stories"
Turmo, Araceli. "L'autorité de la chose jugée en droit de l'Union Européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020051.
Full textRes judicata is a key component of any procedural law. It has been identified as a principle of European Union law by the Court of Justice, which has applied it since the early stages of the European Communities in spite of the absence of any written source. Its bases may be found in fundamental principles such as legal certainty or effective judicial protection. Res judicata firstly appears as an objection of inadmissibility which allows courts to dismiss any action aiming to reexamine previous decisions made by the courts of the European Union. This objection may only be raised if and when the subject-matter in dispute and the parties to the litigation are identical to those in the case which had previously been decided. Res judicata is also used in other circumstances, in order to set the boundaries of a new case which is only partly identical to the previous litigation, or in order to control access to extraordinary remedies. The European Union courts’ functions also require res judicata to be linked to the normative force of judicial acts. Res judicata constitutes a useful complement to the erga omnes authority granted to annulling judgments and, to a lesser extent, to rulings holding an act to be inapplicable. It must however be firmly separated from the normative force attached to judicial rulings in so far as they constitute precedents which create or alter rules of general scope
Zajdela, Basile. "L'autorité de la chose jugée devant l'arbitre du commerce international." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010276.
Full textThe force of res judicata is consubstantial with the very idea of justice / is an integral part of the idea of justice. If arbitration is private and contractual justice – but “justice nonetheless” – it logically needs to deal with the force of res judicata. Firstly, the decisions issued by arbitrators need to benefit from this force; secondly; arbitral tribunals need to respect the force of previous judicial decisions. Our study focusses on the latter aspect. From the point of view of the international commercial arbitrator, the question of the res judicata effect of arbitral or court decisions poses interesting questions and presents challenges, primarily with regards to the autonomous position of the arbitrator entrusted with an ad hoc judicial task in accordance with the intention of the parties, the arbitrator is not a priori bound to considerations regarding the coherence of a specific legal order, social peace or the sound administration of justice… In other words, the jurisdictional character of the arbitrators’ mission alone does not necessarily force them to take into account the force of res judicata. All things considered, it appears that it is the intention of the parties in the arbitration process which leads the arbitrator to acknowledge the normativity of the decisions, and to attribute them a certain force. To this end, the arbitrator will be required to check their conformity before reflecting upon the scope of their force. The subjective basis for the arbitrator’s obligation to respect the force of res judicata and the absence of state control nevertheless invite to consider the arbitrator’s significant amount of leeway in choosing which rules and principles to apply. However, we will show that, provided that a distinction is made between the different forms taken by the force of res judicata, the treatment of the force of res judicata by international arbitrators, if not exactly homogeneous, is far from being as chaotic as one might think, indeed, it appears that reasonable practices can even be observed
Zajdela, Basile. "L'autorité de la chose jugée devant l'arbitre du commerce international." Electronic Thesis or Diss., Paris 1, 2015. https://buadistant.univ-angers.fr/login?url=https://www.stradalex.eu/fr/se_mono/toc/AUCHOJU.
Full textThe force of res judicata is consubstantial with the very idea of justice / is an integral part of the idea of justice. If arbitration is private and contractual justice – but “justice nonetheless” – it logically needs to deal with the force of res judicata. Firstly, the decisions issued by arbitrators need to benefit from this force; secondly; arbitral tribunals need to respect the force of previous judicial decisions. Our study focusses on the latter aspect. From the point of view of the international commercial arbitrator, the question of the res judicata effect of arbitral or court decisions poses interesting questions and presents challenges, primarily with regards to the autonomous position of the arbitrator entrusted with an ad hoc judicial task in accordance with the intention of the parties, the arbitrator is not a priori bound to considerations regarding the coherence of a specific legal order, social peace or the sound administration of justice… In other words, the jurisdictional character of the arbitrators’ mission alone does not necessarily force them to take into account the force of res judicata. All things considered, it appears that it is the intention of the parties in the arbitration process which leads the arbitrator to acknowledge the normativity of the decisions, and to attribute them a certain force. To this end, the arbitrator will be required to check their conformity before reflecting upon the scope of their force. The subjective basis for the arbitrator’s obligation to respect the force of res judicata and the absence of state control nevertheless invite to consider the arbitrator’s significant amount of leeway in choosing which rules and principles to apply. However, we will show that, provided that a distinction is made between the different forms taken by the force of res judicata, the treatment of the force of res judicata by international arbitrators, if not exactly homogeneous, is far from being as chaotic as one might think, indeed, it appears that reasonable practices can even be observed
Botton, Antoine. "Contribution à l'étude de l'autorité de la chose jugée au pénal sur le civil." Toulouse 1, 2008. http://www.theses.fr/2008TOU10062.
Full textThe authority of the res judicata by a penal court on a civil one consists in building the civil judge not to go back on some of the points previously determined by its penal homologous. Defined in this way, it is worth nothing that the authority of the res judicata raises numerous questions regarding both its principle and implementation. As concerns the rule itself, it is traditionally based on the concept of penal superiority. But, such a foundation, mainly due to the autonomisation of the rule under study vis-à-vis other signs ot the authority of the res judicata, would raise doctrinal reservations. However, must these criticisms, which need be systematized and completed, lead to advocate giving this rule ? To answer this question will be one of the major stakes of this dissertation. As concerns the implementation of the rule, it raises two kinds of difficulties. On the one hand, if the effectiveness of this authority relies on the fact that the civil lawsuit includes the res judicata by a penal court, what do they -or should they- consist in ? Moreover, once defined, on which points do they effectively meet ? On the other hand, whilst necessary, is the demand for their intersection sufficient ? Regarding this, in the name of the principle of contradiction, wouldn't be appropriate to revise the erga omnes character of the authority, thus considering the implementation of a condition limiting its subjective scope ?
Viennot, Mathilde. "Crises financières, accumulation de dette et défaut souverain." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0166/document.
Full textThis thesis offers a new approach to sovereign default analysis, by tackling both statistical and the structural approaches to sovereign default. Starting from the link between financial crises, debt accumulation and sovereign default, it answers three main questions.First, when do countries default? Taking a simple look at macroeconomic variables and business cycles around default, I show that economic defaults occur when the country experiences a switch from a boom to a bust, combined with a large discontinuous shock on its debt-to-GDP ratio, brought mainly by a currency or a banking crisis.Second, how sovereign risk in a monetary union (e.g. the Eurozone) differs from sovereign default risk in a small open economy usually described in default literature? Constructing a New-Keynesian DSGE model with sovereign default risk, I exhibit the key role of habit persistence in the preference for a monetary union and the default decision. I am also able to test the efficiency of various policy tools on sovereign risk.Third, have monetary policy tools been efficient to reduce sovereign spreads in the Eurozone? I assess the transmission of ECB monetary policies, conventional and unconventional, to both interest rates and bond issuance for the four largest economies of the Euro area. The main result is that only the pass-through from the ECB rate to interest rates has been effective. Unconventional policies have had uneven effects and primarily on interest rates
Moussaron, Jean-Pierre. "A défaut - la littérature : (Baudelaire, Flaubert, Proust, Deguy)." Paris 8, 1997. http://www.theses.fr/1997PA08A001.
Full textRoeth, Myriam. "Ionisation et défaut Compton : étude de structures moléculaires." Metz, 1995. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1995/Roeth.Myriam.SMZ9502.pdf.
Full textIn both cases of X ray or electron inelastic scattering from atomic, molecular or solid targets, the comparison between the experimental data and the calculations in the framework of the impulse approximation, displays discrepancies or Compton defects. In order to take this effects into account, a theoretical model has been proposed. It allows to write the Compton profile as a sum of terms alternatively symmetric and antisymmetric in q, the parameter of the Compton profile. The leading term of this series corresponds to the profil in the impulse approximation, the other terms give us corrections to this approximation. In the case of the molecular hydrogen, we have calculated the first corrective term. This term arises from the interactions between the remaining ion and the ejected electron. Theseinteractions induce a shift of the maximum, in the energy scale. The correction depends also on the relative orientation of the molecular axis versus the momentum transferred by the incident particles. The study of directionals results allows to display the importance of the anisotropy of the defect, for weak momentum transfer. On the over hand, we have study the effect of chemical bonding on the Compton defect, comparing the defect of the molecular hydrogen with other isoelectronic targets (helium and two free hydrogen atoms). Finally our results are in exellent agreement with the experiment although we have use very simple wavefunctions to describe the initial target state and approximate the bielectronic interaction with a effective charge
Mengin, Jérôme. "Raisonnement par défaut : résolutions de conflits et priorités." Paris 11, 1994. http://www.theses.fr/1994PA112101.
Full textRichard, Vincent. "Le jugement par défaut dans l'espace judiciaire européen." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D044.
Full textFrench judges regularly refuse to enforce foreign judgements rendered by default against a defendant who has not appeared. This finding is also true for other Member States, as many European regulations govern cross-border enforcement of decisions rendered in civil and commercial matters between Member States. The present study examines this problem in order to understand the obstacles to the circulation of default decisions and payment orders in Europe. When referring to the recognition of default judgments, it would be more accurate to refer to the recognition of decisions made as a result of default proceedings. It is indeed this (default) procedure, more than the judgment itself, which is examined by the exequatur judge to determine whether the foreign decision should be enforced. This study is therefore firstly devoted to default procedures and payment order procedures in French, English, Belgian and Luxembourgish laws. These procedures are analysed and compared in order to highlight their differences, be they conceptual or simply technical in nature. Once these discrepancies have been identified, this study turns to private international law in order to understand which elements of the default procedures are likely to hinder their circulation. The combination of these two perspectives makes it possible to envisage a gradual approximation of national default procedures in order to facilitate their potential circulation in the European area of freedom, security and justice
Combret, Remi. "L'enfant hyperactif : anomalie cérébrale ou défaut d'élaboration mentale ?" Paris 5, 2006. http://www.theses.fr/2006PA05H049.
Full textThis research work, made in a hospital complex, concerns 22 chiidren diagnosed as hyperactive persons by a neuropaediacian. After having discussed the validity of TDA/H, this simple point of view of a quotation then the quantification of the symptoms is forsaken for the benefit ofa psychodynamic approach. The analysis of a mental cognitive and psychic operation brings to refer to the general frame of the limit pathologies ofthe childhood for all these children. In a finer way, a variety of the registers of psychic functioning, marked by nevrotic or prepsychotic colourings, appears within this common mental organization. Further to the analysis of the individual and family psychic savings, the driving hyperactivity can get as proceeded auto-calming participating in a fight against the loss of the object and bringing to narcissistic reinsurances by seeking and by remembering itself to the external environment. The longitudinal approach of this research, being interested in the effects of the ritaline, shows that profits in term of driving excitement are short-lived and bound to the duration of action of the medicine. At the same time, the effects waited from the point of view of the cognitive and school performances are little convincing and the questions of the dependence in amphetamines as well as the evolution towards the psychopathy in the entrance to the adolescence remain whole