Dissertations / Theses on the topic 'Déontologie du fonctionnaire – Droit – France'
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Moreau, Luc. "La déontologie de la sécurité en droit public français." Montpellier 1, 2004. http://www.theses.fr/2004MON10055.
Full textBlin, Cécile. "Le pantouflage saisi par le droit." Tours, 2002. http://www.theses.fr/2002TOUR1005.
Full textDesmons, Éric. "Droit et devoir de résistance en droit interne : contribution à une théorie du droit positif." Paris 2, 1994. http://www.theses.fr/1994PA020023.
Full textDelaunay, Benoît. "La faute de l'administration." Paris 2, 2006. http://www.theses.fr/2006PA020063.
Full textYun, Minjung. "Le service public de l'éducation en Corée du Sud." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0054.
Full textThe South Korean public education which contributed to the success of economic growth and democracy within a century was the pride of the country, but it eroded under the weight of the private school system and the public education crisis. Being aware of these issues, this thesis aims to obtain educational and legal ideas that apply to the education in South Korea by analyzing the French public service of education. Issues related to the ambiguous status of private schools and the neutrality principle incorrectly applied are usually reported as legal issues observed in the South Korean public service of education. As a solution to these issues, consider introducing the French concept of public service and related legal basis such as classification of public services based on functional standards, delegation of public services, respect for public service principles and active resolution of disputes through administrative courts are worth considering. The public sector requires respect for related principles and the introduction of the concept of public service can contribute to the resolution of problems related to the neutrality principle. The obligation of neutrality does not extend to the area of private life and should not serve as a legal basis to deprive fundamental rights. In addition, private religious schools which receive public subsidies, must respect the principle of neutrality instead of enforcing a specific religion on the members of the school
Jean-Pierre, Didier. "L'éthique du fonctionnaire civil : son contrôle dans les jurisprudences administrative et constitutionnelle françaises." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32028.
Full textIt is about examining the civil servant's ethics through their behaviour in disputes and juridicial control. But only the obligations of the candidate entering public service, the civil servant in his work and private life, as well as those of the former civil servant, are linked in some way to a code of ethics. This is because a certain lack of interest, neutrality and morality appear to be elements of the real ethics of the civil servant. To begin with, a study of the source of the juridicial control of ethics in the public service, shows certain textual and jurisprudential rules as well as doctrines, which all make up the foundations of the civil servant's code of ethics. Second to be tackled are the areas of juridicial control over the civil servant's ethics, depending on where he finds himself in both the course of his work and outside of it. The final study is of the duty of controlling the state servant's code of ethics. The judge's control is two way, both to protect the administration and the workers as well as trying to make up for the deficiencies in the legislative authorities. This supervision also show's the judge's wish to maintain the traditional values deep rooted in the established order and his reticence to accept new values. Finally this control is to be replaced but in a context which is much bigger than the reforms which tend to moralise to the public service
Madanat, Nafis. "L' évolution de la responsabilité civile du fonctionnaire en droit français : 1873-1984." Clermont-Ferrand 1, 1985. http://www.theses.fr/1985CLF1D026.
Full textSagaut, Jean-François. "Ecrits de droit civil." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020024.
Full textTo be a “notaire” means completing a seven-year university course leading first to a Master 2 specialising in notarial law. This is followed by a Higher Diploma in Legal Practice, which is a recognition of the theoretical ability to exercise as a “notaire”. Subsequently it is possible to pursue applied research during one’s professional activities. This is what the author has done in the fifteen years since he obtained the “Diplôme Supérieur de Notariat”. He has published three books, has been a contributor to seven other collections, and has published nearly seventy articles which are listed in the appendix, classified according to theme. They represent the culmination of a first period of professional practice in which, kindly encouraged by the university which also welcomed him as a part-time lecturer for the same period, the author continued to carry out applied research in the disciplines he practiced in his professional activities. The published works encompass various issues of private law which fall broadly under three main categories. Firstly, there is professional law which covers articles and works dealing with both the status of “notaire” and more specifically the rules of conduct which form the essentials of the profession. Secondly family inheritance law – a discipline where the expertise of notaires has always been recognised and welcomed. And finally, what the profession calls “actes courants”, where notaires handle alternatively or cumulatively the law on obligations, special contracts and securities
Moret-Bailly, Joël. "Essai sur les déontologies en droit positif." Saint-Étienne, 1996. http://www.theses.fr/1996STET0038.
Full textThe suggested analysis in this research is based on every positive law provisions related to deontologies, every deontological codes provisions enacted by the state and every supreme courts decisions during the last ten years. From this study, we can notice that, at the present time, sixty three professions are endowed with deontologies within the state law and that fifteen of the latter take shape of codes. In this setting, we remark that the deontologies notably aimed at assuring the desinterested practice of the occupations which are endowed with them, deal mainly on the one hand, with some liberal professions, and on the other hand, with the occupations of the health sector. Given that, we state that the deontologies enable the professionals to stake their claim to their independance and to the control of the relationship with the costumers. Besides, the deontologies, whose full efficiency remains subordinated to their mandatory nature for the whole professionals concerned, then, to the creation of professional authorities, are used to founding, on the one hand, the practice of professional discipline and on the other hand, the competitive regulation of the concerned occupations
Cabrol, Valérie. "Déontologie et droit : contribution à l'étude des rapports entre ordres normatifs." Toulouse 1, 2000. http://www.theses.fr/2000TOU10006.
Full textSagaut, Jean-François. "Ecrits de droit civil." Electronic Thesis or Diss., Paris 2, 2012. http://www.theses.fr/2012PA020024.
Full textTo be a “notaire” means completing a seven-year university course leading first to a Master 2 specialising in notarial law. This is followed by a Higher Diploma in Legal Practice, which is a recognition of the theoretical ability to exercise as a “notaire”. Subsequently it is possible to pursue applied research during one’s professional activities. This is what the author has done in the fifteen years since he obtained the “Diplôme Supérieur de Notariat”. He has published three books, has been a contributor to seven other collections, and has published nearly seventy articles which are listed in the appendix, classified according to theme. They represent the culmination of a first period of professional practice in which, kindly encouraged by the university which also welcomed him as a part-time lecturer for the same period, the author continued to carry out applied research in the disciplines he practiced in his professional activities. The published works encompass various issues of private law which fall broadly under three main categories. Firstly, there is professional law which covers articles and works dealing with both the status of “notaire” and more specifically the rules of conduct which form the essentials of the profession. Secondly family inheritance law – a discipline where the expertise of notaires has always been recognised and welcomed. And finally, what the profession calls “actes courants”, where notaires handle alternatively or cumulatively the law on obligations, special contracts and securities
Voutsakis, Vassilis. "Raison pratique et droit : la technique "bilan-coût-avantages"." Montpellier 1, 1993. http://www.theses.fr/1993MON10006.
Full textThe administrative judge reveals the ethical dimension of his function by estimating the costs and benefits of an administrative act. The juge undertakes a rational evaluation, which is, however, irreducible to the normative predetermination. Through this evaluation, he can control discretionary power, without substituting the authorities. In this way, he demarcates himself simultaneously from the disours of law and the discourse of efficacy
Puech-Coutouly, Lionel. "Droit et déontologies des professions libérales." Toulouse 1, 2005. http://www.theses.fr/2005TOU10024.
Full textThe deontology of the liberal professions came from the will of members of the professional body to organize themselves and to set up rules with a high level of moral impregnation in order to give to their practices all the necessary guarantees inside and also outside the group. Here, the deontological production is inherent in the former institution of an occupational structure called "ordre" which, among its numerous missions, must look after the defence of the collective interest. The main function of deontology is to give coherence and discipline to the members of the occupational class and to ensure the confidence of the third parties. To back its statute, the State can set its seal. Attaining the juridicity within the legal order, it has at its disposal the faculty to sanction when exerciting the disciplinary power. Impregnated with own characters, distinct from the common right and appearing a priori to be limited to the professional sphere, it is not less than a full legal rule interfering little by little with the jurisprudence and law spheres. According to an infiltration process based on its statutory and recognized character, it is used as a basic substance by those which have to create or apply the civil or penal law. It defines the recommended professional practices and consequently it creates the norms which have to be used by the official judge. It may contradict the civil law and in this way reachesa higher level of recognition within the legal order. Within the context of reciprocal exchanges, and even in confrontation, the official right sometimes prevails over the deontology
Sakr, Haïtham. "Les droits et libertés du fonctionnaire dans les jurisprudences du Conseil d'État libanais et du Conseil d'État français." Poitiers, 2008. http://theses.edel.univ-poitiers.fr/theses/2008/Sakr-Haitham/2008-Sakr-Haitham-These.pdf.
Full textThe public servant is one of the major protagonists of the administrative activity. When the public servant is the subject of a case study, he is usually seen as one of the Public Function's elements. If the Administration well or badly work, if it shows signs of strength or weakness, it only means that, behind the anonymous and cold façade of the administrative building, there are agents who take action, handle the administration and make decisions. For decades, public servants won their dignity and gained their freedom through both their individual and collective behaviors, while maintaining the sense of public interest. Moreover, public servants, as other agents or community members, have rights and freedoms protected by the judge. This thesis which is a comparative study of jurisprudences of French Council of State and the Lebanese Council of State, it's about public servant's rights and freedoms when carrying out his administrative activity as well as behaving as citizens. This thesis' aim is to know what ways and means both Councils of State use to succeed in acquiring and reinforcing the public servant’s rights and freedoms
Sirven, Laurence. "Le code de déontologie des chirurgiens-dentistes et ses conséquences disciplinaires." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D011.
Full textThis work is set in two complementary parts, the first one devoted to the study of the professional rule, elaborated by the profession and enacted by the public authority, the second one devoted to the sanction by the order of dental surgeons in the exercise of its jurisdictional power. In the first part, the author analyses exhaustively the limitations of the professional code and observes the great problems of the dental profession exercise. The caracteristics of the professional rules are studied in comparison with the law and also in comparison with the professionnal rules of the others medical professions (doctor, midwife, chemist). In the second part, the author considers the repression of failings to the moral and the professional rules, by the dental surgeons'order, with a view to delineate the disciplinary fault. The jurisdiction, its procedure are systematically analysed, illustratred ; the question of the order's responsability in the exercise of its jurisdictional power is studied. The whole subject is also considered respecting to the reform project of the professional code and the dental surgeons' order
Echard, Antoine. "Conflits d'intérêts et déontologie en droit boursier en France et en Grande-Bretagne." Paris 2, 1995. http://www.theses.fr/1995PA020077.
Full textThe purpose of this thesis is to study the notion of conflict of interest in the stock exchange regulation field and the corresponding measures taken within the scope of the conduct of business rules. The analysis of the notion of conflict of interests is based upon a legal approach in connection with fiduciary duties and the study of practical situations of conflicts. Following a brief summary of the conduct of business rules and their application in france and great-britain, the applicable controls (chinese walls) and sanctions are reviewed
Brigant, Jean-Marie. "Contribution à l'étude de la probité." Paris 1, 2009. http://www.theses.fr/2009PA010315.
Full textJoseph, Julie. "La protection des consommateurs dans la publicité : l'approche de l'autodiscipline publicitaire du BVP." Toulouse 1, 2005. http://www.theses.fr/2005TOU10002.
Full textIn a democracy, advertisement creation has no restrictions. However, misuse of this freedom is the unique limit which leads to abuse. Therefore, advertisements must endeavour to be loyal, truthful and decent in order to prevent potential abuse. In France, the self-regulation organisation, called the BVP, gives copy-advice to all its members (advertisers, agencies and media) before broadcast and gives pre-clearance for TV commercials. Since 1955, the BVP has published codes and self-regulation guides. In the framework of BVP's mission, consumer as well as consumer associations' complaints and reactions are taken into concern. Human portrayal and especially decency claims are sometimes difficult issues for a self-regulator to tackle. Because advertissements are often accused of influencing social behaviour, another often controversial subject is the representation of child eating habits in advertisements geared towards children. BVP's approach is different when the commercial is broadcast or is a poster campaign or when the product advertised has strict restrictions attached to it, for example, alcohol or medication. The purpose of this study is to identify BVP's methods and manoeuvres used to respond to consumer needs and preoccupations whilst preserving and continuing to promote creativity and advertisement
Rethimiotaki, Hélène. "De la déontologie médicale à la bioéthique : étude de sociologie juridique." Paris 2, 2000. http://www.theses.fr/2000PA020067.
Full textGontard, Raphaël. "La publicité extérieure : essai sur le régime et la nature juridique d'un moyen de communication commercial." Paris 1, 1998. http://www.theses.fr/1998PA010297.
Full textOutdoor advertising is at one and the same time an index of the economic vitality of those places in receipt of it, an emotional and aesthetic aid, and an indispensable factor for the which stands out both in national and european competition. However, it is necessary to achieve a satisfactory balance between the commercial possibilities and the risk of excessive proliferation of excessive proliferation of advertising posters both in urban centres and their periphery. Generally defined as + the art of exercising psychological pressure on the consumer ; advertising finds it difficult to resist the temptation to overdo things because of its capacity to adapt sucessfully to our ways of life. Thus, this capacity and even the social utility recognised at certain levels, will support the new demands of potential customers. How can one reconcile in these conditions freedom of expression, of and industry and the need for security, aesthetics and the quality of life ? What can one do so that the tradmark, the slogan or the sign is able, in a strongly competitive market, to stand out by defining its areas of difference ? From the decree of october 1774 wich organised bill posting in paris to the law of 2nd february 1995 concerning the landscape, the authorities have attempted to institute suitable legal regimes, the most complete being that of the 29th december 1979 concerning advertissements, shop signs and posters. This law, by giving local authorities the right to pass local regulations, meant that the level of publicity could be adapted to local requirements by creating advertising zones. At last this sector is reorganised bringing to light the obstacles whether political, economic, social, legal or financial. Henceforth, outside publicity, as a major advertising medium, is as much concerned by the penetration of computer technology as by the new criteria on the wording of advertisements and the corresponding debate on transparency, morals, responsability and ethics. One must therefore envisage a range of analyses, of understanding and economic forecasting, in order to calculate the legal stakes involved with this indipensable means of business communication
Jaunait, Alexandre. "Comment pense l'institution médicale ? : une analyse des codes français de déontologie médicale." Paris, Institut d'études politiques, 2004. http://www.theses.fr/2004IEPP0013.
Full textHuppé, Philippe. "Les rapports entre l'avocat et son client auprès des juridictions civiles de droit commun entre 1920 et 1971." Montpellier 1, 1995. http://www.theses.fr/1995MON10010.
Full textLopez, Nicolas. "La déontologie des gouvernants : étude du cas français." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100084.
Full textIn the meaning of Jeremy Bentham, deontology is “the knowledge of what is right or proper”. To obtain this knowledge one needs first to select a normative system as for a reference, which here is the Law, and study it in order to extract from it principles aiming for good behaviours. In this respect the present work does not seek to elaborate a theory, which would be the author’s own, of what deontology for constitutional rulers should be. On the contrary, the reflection concerns the way how these rulers conceive by themselves their deontology. Thus, constitutional law and its extension which is “political law” are the rough material of the analysis. Being part of this material there are deontological or moralizing statutory provisions that show the preoccupation of constitutional rulers to give assurance of their integrity to the public opinion.A first stage of the reasoning is interested in the particular case of the President of the Republic, as an institution and as a political character. In the context of the fifth Republic, one may from now on step back to give a wide view of what the deontology of the President of the Republic is about. The deontological thought debates the results of this subject regarding funding elements set by the Constitution, which are political liberalism and Rule of Law.A second stage of the reasoning concerns constitutional rulers in a transversal approach and their constant will of bringing back trust to public life. It so appears useful to question the ability of deontology to act to that purpose. The reflection needs to be critical and wonders about the impact of a deontology, understood in the Anglo-Saxon tradition, on the French culture of representative government
Ledoux, Amaury. "L' administration, le juge et l'expert." Paris 1, 2009. http://www.theses.fr/2010PA010304.
Full textDeloffre-Vye, Frédérique. "La responsabilité pénale du chercheur scientifique." Poitiers, 2000. http://www.theses.fr/2000POIT3005.
Full textEkollo, Jean Faustin. "La réforme des fonctions d'assistance, de représentation et de conseil en droit judiciaire français et anglais. Commentaire comparé des législations de 1990 relatives aux juristes." Nice, 1993. http://www.theses.fr/1993NICE0016.
Full textThe end of the '90s was and still is a period of extraordinary turmoil for the legal profession in both England and France : the most dramatic changes ever took place. In France, as in England, two sets of remarkably alike legislations have settled in new rules for the lawyers' organization and reshaped almost altogether legal aid rules. This dual revolution has its roots in the obvious need to modernize legal practice and to adapt to European frames and to the increasingly global transborder practice. The aim of this thesis is to contribute to a better understanding of this evolution by studying its rationale further than a mere local approach would allow. Besides, the work claims that the new direction deserves good marks and does not foreshadow us kind of litigious society. To support this view, the thesis relies heavily on fresh and sometimes, controversial material from French, English and us publications
Gérinier, Sage Joële. "Le corps infirmier dans l'hôpital : analyse du contexte et de la réception de la loi hospitalière du 31 juillet 1991." Paris 8, 1997. http://www.theses.fr/1997PA083631.
Full textFlatin, Sandrine. "Incertitude scientifique et responsabilité civile." Lyon 3, 2000. http://www.theses.fr/2000LYO33037.
Full textLacheretz, Antoine. "La profession vétérinaire : droit, économie et gestion d'une profession." Lyon 3, 2003. http://www.theses.fr/2003LYO3A003.
Full textCramier, Pierre. "La responsabilité née de l'activité d'information des médias." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40003.
Full textThe production of information has been subjected to specific regulations since 1881, when criminal responsability was made prominent. This liability is however limited in many mays, in accordance with the principle of freedom of the press and the set of dispensatory rules established by the act of july 29, 1881. By prohibiting any interference prior to the publication of information, and by restricting the possibilities of suing and sanctioning whatever abuse the media may commit, the lawmakers have favoured the freedom of informing over any other consideration. Today, criminal responsability proves insufficient and ineffective. The need to reinforce the protection of individuals, together with the determination to make information producers more responsible, have called for another type of media liability, outside the bounds of mere repression. Media liability has increasingly fallen within the competence of civil jurisdiction, which is able to guarantee the protection of privacy and the presumption of innocence. Resorting to the provisions of civil liability and calling upon the "juge des referes", allow to make up for the deficiencies of criminal law, while restricting the scope of the principle of freedom of the press. Besides, the many excesses of today's information have led to emphasizing the deontology of journalism : most of the criticism against the media stems from ethical concerns. The attempts to codify this deontology, however, have been met with hostility by the bulk of the media workers
Moreau, de Bellaing Cédric. "La police dans l'Etat de droit : les dispositifs de formation initiale et de contrôle interne de la police nationale dans la France contemporaine." Paris, Institut d'études politiques, 2006. http://www.theses.fr/2006IEPP0002.
Full textGhazo, Elie. "Les relations entre les actions disciplinaires et pénales à l'encontre du fonctionnaire civil en France et au Liban." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G014.
Full textWhen public civil servants engage in misconduct, which hinders the proper conduct of public duties, the Administration is entitled to exercise disciplinary action against them. In this way, the Administration controls, compensates or neutralizes the deviations likely to harm the public action and its image. Logically, the procedures for the exercise of disciplinary powers vary according to the state, in accordance with the provisions of each civil service. It is rare to find absolute conformity between the various disciplinary systems. The purpose of this thesis is to compare and identify the characteristics of the disciplinary action applicable in the civil service in France and Lebanon, bringing the latter action closer to criminal action. It is thus necessary to observe to what extent the general principles governing criminal prosecution can provide elements for the improvement of the disciplinary system, whether French or Lebanese, by making it more equitable
Parinet, Pauline. "La carence de l'administration." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1012/document.
Full textThe deficiency of the administration is meaningful and also ambiguous. Meaningful as it brings back administrative bad memories for every citizen. But ambiguous, for jurists, as the deficiency naturally reminds them of many terms which are very close, such as lethargy or abstention. Nevertheless, the deficiency has to be distinguished from these terms and can be defined as the result of some inactions : the ones which should not have happened. The recognition of the administrative deficiency has thus a function : highlighting an unacceptable passive behaviour. What it means an insufficient use of its means to fulfil its mission and an abusive abstention. So, the abnormal nature of this inaction highlighted by this recognition needs a reaction of the legal system, in order to condemn this noted lack, jurisdictionally or not
Froment, Jean-Charles. "Les mécanismes de régulation et de légitimation du corps des surveillants de prison : aspects juridiques et socio-politiques." Grenoble 2, 1994. http://www.theses.fr/1994GRE21014.
Full textThe thesis is based on the duality of legitimation and regulation aspects of the executant corps of the judicial decision of freedom privation. These aspects are at the same time complementary and conflict-provoking and are based on two systemes : a first functional, administrative and judicial regulation system and a second legitimation system which fluctuates between security and re-insertion. The thesis shows, in the period of thirty years, from 1958 to 1988, how a civil servants corps whose identity is over-determined by the special statute of 1958 turns into a neocorporatism way. This statute is hall the more necessary to the constitution of a professional legitimacy so as penal policies conducted during this period had also fluctuated between two poles, one drawn towards law and security, the other one towards prevention and re-insertion. At the end of its demonstration, this work leads onto the hypothesis of a crisis of legitimation models of the state, which tries to face it by conducting modernization policies which are insufficient to regulate legitimacy problems
Cathelin, Mady. "De la moralité des actions humaines ou un juriste au siècle des Lumières : Charles François Morel de Thurey (1734-1788), témoin et juge de la société de son temps." Besançon, 1992. http://www.theses.fr/1992BESA1029.
Full textRenaux-Personnic, Virginie. "L'avocat salarié : entre indépendance et subordination." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32028.
Full textBy allowing the salaried practice of the profession of barristers, law 90-1259 of 31. 12. 1990 leads to a twofold adaptation. First is involved of the profession of barristers to the salaried class. Although favoured by concessions of the profession and of the salaried class, wage-earning status remains reserved for the profession's own members and subordination is limited to the barrister's working conditions. Y et the deontology is modified. The principle of equality among confreres is skewed firstly by the intentional subordination of a barrister to one of his colleagues. Subsequent independence could well be limited because of the hazy concept of "labour conditions" and the similarity of technical competence of the employer and the salaried employee. Contrary to his confreres, the salaried barrister is not bound by his responsability and has not personally had the outlay of professional dues. The intuitu personae tie to clients is attenuated by the salaried barrister's being prohibited from developing his clientele. This ban also implies the delegation of cases files, the sharing of professional secrecy and the attenuation of impartiality by the inclusion working expenses into the fees. Secondly is involved the adaptation of the salaried class to the profession of barrister. The law of 1990 integrates the independent nature of the profession with the status of salaried barrister. The protection of independence justifies the contractual formality and explains the limitation of the employer's classical powers of supervision and sanction. The salaried barrister's status as representative of the law further justifies his being under the jurisdictional competence of the president of the bar. Furthemore, his membership in the profession of barristers explains his belonging to the barrister's pension fund. The domaine of labour conditions is also permeated with the independent character of the profession
Kondylis, Vassilios. "Le principe de neutralité dans la fonction publique." Paris 1, 1991. http://www.theses.fr/1991PA010263.
Full textThe examination of the situation of the French civil servants as well as the British and the American ones, from the French revolution till today, proves clearly one variant determination of the legislator and the administrative judge, with unequal results, to eradicate the different types of politicization in the administration of the civil service. But the civil servant has not become a politically diminished citizen, in contrast to that which occured in Great-Britain and the United States. The effort to protect neutrality of the civil service resulted in the adoption of the different laws (statutes) which, from 1946, constitutes one efficient way to shield the (French) civil service from the partisan pressures by assuring its independance impossible without the subordination to the political power. But there are still multiple causes of politicisation. The increasing participation of the civil servants in politics ("fonctionnarisation du pouvoir politique"), the politicization if the higher civil service and syndicalism are also factors which accent the interest int he current debates concerning the better protection of neutrality
Aguilar, Yves. "Les catégories esthétiques de l'Etat : un art de fonctionnaires : le 1 % [pour cent]." Paris 1, 1988. http://www.theses.fr/1988PA010254.
Full textThis study deals with the description of the interplay of law and art put in motion by the power which is available to it. After a quick chronological survey, the basis are researched before the exposure of the practical and theoretical forces of the mechanism. Then the analysis of a series of case studies shows that most of the time, art stems from the state. This demonstration is reinforced by the recreation of the careers of artists of the state in constant touch with civil servants of art. This dialectic of the state and art is based upon a legal substratum which is examined through the function one of the limits of which is financial. The eventual outcome is that if "dignitas non moritur", nor does art for it is an integral part of it
Jouzel, Tony. "Pouvoir et responsabilité au sein de l’administration décentralisée." Brest, 2011. http://www.theses.fr/2011BRES5001.
Full textThe democratic principle applied to decentralized administration means that local representatives have decision-making power but also as a consequence, corresponding responsibility. In this framework, a local civil servant can only obey political orders and so cannot be held personally liable. However, this distribution is deeply changing. This evolution derives from an increase in the liability of local representatives which reaches beyond the power they have. They will therefore have to find a way of decreasing their personal liability, whether directly or indirectly, by reducing their own power. Meanwhile, local civil servants who thanks to their status and behaviour enjoyed some freedom will take advantage of the withdrawal of local representatives to further increase their own power. This factor is intensified by behavioural and structural changes of administration in general and of its decentralised version in particular. Administration now focuses on better performance but also on transforming about the network figure. Power and responsibility sharing have therefore been reorganised, giving to each actor, representative and civil servant, a new place
Papineau, Christelle. "Droit et intelligence artificielle : essai pour la reconnaissance du droit computationnel." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D049.
Full textThe porosity between law and artificial intelligence is now sixty years old. This porosity, which was originally intended to enable computer scientists to improve the cognitive performances of their algorithms, thanks to the legal syllogism, quickly aroused, in return, the interest of jurists in computer science. They understood that they could take advantage of the opportunities offered by the automation of the law, thanks to new technologies. Thus, at the dawn of the 2020s, machine learning, one of the most recent disciplinary subfields of artificial intelligence, allows as much to improve the methods of application of the laws and sanctions than to calculate the citizens (predictive policing, predictive justice, but also access to legal information and justice, online). This deployment of machine learning, which operates as much in the common law countries as in the countries of civil law tradition, takes place mainly in a context of a legality, to the detriment of the rights of the scored citizens. North American lawyers have resolved this lack of legislative framework by using the technique of judge-made law. This technique, which has the advantage of its adaptability, at the same time to each situation of legislative gap, but also to the tendencies of the society and the times, will be mobilized again, in the future, when the next disciplinary subfields of artificial intelligence, including deep learning, will be deployed. The flexibility of the North American common lawyer system can serve as a model for the French system, to set up a legal framework regulating, today, machine learning and, tomorrow, the next disciplinary subfields of artificial intelligence. However, the casuistic dimension of the North American model should be adapted to the French system, proposing the use of alternative normativities and ethics as instruments equivalent to the flexibility of the judge-made law. This approach would make it possible to observe the legal issues that arise with each technological advance and to consider legal responses, in a context inclined to legislate once the whole set of technical and legal issues, such as these pose, has been seized. This method, which requires observing new technological phenomena through the prism of alternative normativities before legislating, should make it possible to guide and influence the legislative work of the French legislator to improve the effectiveness of the digital law in terms of protecting people scored by algorithms, deployed as much by administrations as by legaltech type companies
Tixador, Jean-Christophe. "Clientèle médicale et exercice en société des médecins." Phd thesis, Université d'Avignon, 2010. http://tel.archives-ouvertes.fr/tel-00594988.
Full textDion, Fabrice. "Contractualisation et emploi public." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020023.
Full textThis research consists in a study about the most appropriate status for civils servants and more generally, people who work for public utilities. It appears that it is a twofold question: first, it might be possible that every worker could have the same status created by a contract or an administrative decision. Secondly, an other system could be enacted, the coexistence of a special status for some of them, and a contract for the others. If this second option is chosen, the question is which kind of harmonisation between the status and the contract. The aim of this thesis is to answer to these questions. The first part is an analysis of the conditions of the work of the people who are linked by the public administration with a contract. They are called “contractuels”. The notion and its regime are analysed (especially, the condition of the recruitment and the career of these workers). The second part of the thesis consists in a larger study. Because of the logic of competition and performance, and under the influence of Europe, public utilities have changed. Their missions are different. So the status of the people who work for these services has changed too. This new status is a mix of contract and traditional administrative rule. A new kind of management and a new public law appear. The differences between civils servants are less and less important and, in the same way, their similarities with workers from the private sector are more important
Maisonnas, Jean Pierre. "La formation historique de la déontologie de l'avocat en France entre la naissance des juridictions royales et la loi du 31 décembre 1971, voix du Prince ou libéralisme ?" Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3065.
Full textIs ethics of lawyers emanating from them because of the necessities of its exercise or from the political authorities because it touches a sovereign task? France has not hesitated. Inspired in particular by THEODOSIUS and JUSTINIAN, borrowing Carolingians and chivalry religious morals, kings from St. Louis have legislated especially as the birth of royal courts at the end of the thirteenth century stabilized the role and title of the lawyer. The customs and the "stiles" completed this device. These principles (loyalty, independence, respect) will change over time into "uses". As long as the lawyer is a member of the judicial institution with a vocation to become executive, the deontology was based on a consensus. The venality of the offices depriving him of this promotion, transforms him into a simple "auxiliary", wayward to the point of stirring unlikely strikes. Impregnated with the fantasized grandeur of his ancestors in the antiquity he prefers to consolidate his social rank (nobility, precedence). From LOUIS XIV the deontology (ethics) freezes. The Revolution sweeps away this multisecular heritage. Pressed by the concepts of freedom and gratuitousness, the constituents, mostly lawyers, suppress the profession and the parliaments that are being hated. "Unofficial defenders", often without faith or law, take the place of lawyers. Ethics disappeared for twenty years. Reluctantly reinstated by NAPOLEON, these "factious" struggle all the nineteenth against the state for the control of "uses" weakening them (already in butte to societal currents: emancipation, nationality) a little more. The decree of 1920 settled this situation, which almost engulfed the Orders. Never again until 1971 will lawyers participate in the definition of their rules. At most one association (ANA) will make successful proposals. The wars illustrated the Prince's power of intervention in deontology by suspending it, overhauling it (prohibiting Jews) or creating permanent institutions (CAPA). “France Libre” preserved from Vichy everything that did not conflict with fundamental principles. The years 54/57 introduced liberal modifications (the right to wield funds, to associate, to claim unpaid fees). It is a place where the state did not give up to make the lawyer a civil servant: overseas. Except for Algeria, a "natural extension of France", in other countries under french domination, in a total disorder, far from its dreamed unity, France has, in the indifference of the bar associations, created a paradeontology vaguely evoking the “avoué”. Despite a legislative abundance, France has no more succeeded in imposing a universal code of ethics. Using renewed imaginative processes, the governors have, as required by a principle of realism, all invented to save a notoriously failing system until the inadmissible (prohibition to plead for the natives). In the years 1930/1936 the Republic resolved to establish "free bars", roughly modeled on those of metropolis, a liberal attempt without a future because of the war and the conflicts of decolonization. The Law of December 31, 1971 creating a "pleading-solicitor" dreaded by the caciques initiated a profound reform of the role of the lawyer and laid the groundwork for a subsequent evolution of ethics (institution of a national representation -CNB granting it legislative power in this area). It was nevertheless without the lawyers that the decree of ethics was published in 2005. Such a linear deontology is explained by the concern for the Prince to ensure to the infinity detail the perfection of his mission to judge, a metaphysics of the perfect. The commodification of the law, the extension of the field of the lawyer, the industrialization of the actors contradict this objective. Will France finally decide ?
Adergal, Anaïs. "Le Contentieux civil en anesthésie-réanimation." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30060.
Full textAnaesthetics and intensive care are closely linked in the French health care system and are always carried out by the same professional. Anaesthetics and intensive care thus form a common discipline which has acquired only recently its autonomy. Formerly under the direction of the surgeon, the anaesthetist is at the core of a multidisciplinary profession. If the anaesthetic treatment supposes, down the line, application of techniques of intensive care, the opposite is not systematically true. Indeed, the anaesthetist, taken as a member of an intensive care unit, can be confronted with the issue of organ removal which practice necessarily relates back to the difficult definition of death. Concerning its object itself, civil dispute regarding anaesthetics and intensive care covers a large-scale field. This in-depth study would highlight the drafting of norms ruling the discipline upon which the professional context has a decisive influence, then their practice by the anaesthetist itself, and finally their appropriateness to the clinical case as considered by the civil judge whenever a patient had brought legal action in responsibility before a tribunal
Pulice, Elisabetta. "Il ruolo della deontologia medica nel sistema delle fonti del diritto : un'analisi comparata." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100101/document.
Full textThe thesis aims at analysing, from a comparative perspective, the role of medical ethics in Italy, France and Germany. The survey focuses on both the formal and substantive aspects of the relationships between law and medical ethics. As to the first issue, the thesis analyses the codification of medical ethics, the normative function of the medical councils, the binding value of the codes of medical ethics and their position in the hierarchy of norms. With regard to the second aspect, the role of medical ethics is studied from a more substantial perspective, analysing the concrete interrelations between law and medical ethics in the field of biolaw. The survey is then extended to the disciplinary procedure and to the European level. In the first part, the relationships between law and medical ethics are analysed from a linguistic perspective, aiming at underlining some specific features of the concepts referred to as “déontologie”, “deontologia” or “Standesrecht” and “Berufsordnung” in France, Italy and Germany. This part also deals with some “open questions” characterising the relationships between medical ethics and the law. The second part concerns the codification of medical ethics, while its role in the field of biolaw is analysed in the third part. The fourth part deals with deontological liability and disciplinary procedures. Lastly, the fifth part aims at elaborating a theoretical reconstruction of the results of the comparative analysis, at highlighting the main roles of medical ethics at the European level and at suggesting a different model for the relationships between law and medical ethics in the Italian system
L’obiettivo della tesi è un’analisi comparata del ruolo della deontologia medica nel sistema delle fonti del diritto in Italia, Francia e Germania. Per tenere conto della complessità del rapporto tra diritto e deontologia, sono stati analizzati sia gli aspetti formali di tale rapporto, sia i profili sostanziali del ruolo della deontologia medica nel biodiritto. Nella prima parte alcune considerazioni preliminari e l’analisi linguistica hanno permesso di definire l’ambito di indagine e i profili di maggiore complessità del rapporto tra dimensione deontologica e dimensione giuridica sui quali nelle parti successive si è concentrata l’indagine. La seconda parte, dedicata alla codificazione dell’etica medica, ha messo in luce la varietà di soluzioni e di modalità di ingresso della norma deontologica nell’ordinamento giuridico. Nella terza parte sono stati analizzati il ruolo della deontologia medica nell’ambito del biodiritto e l’influenza di alcuni fattori particolarmente rilevanti sull’evoluzione dei contenuti concreti dei codici deontologici e sulla loro portata pratica. La quarta parte è dedicata alla violazione della deontologia e ai procedimenti disciplinari. Infine la parte conclusiva contiene una ricostruzione teorica dei risultati emersi dall’analisi comparata, lo studio di alcuni profili legati alla dimensione europea della deontologia e la proposta di alcune ipotesi di riforma per un modello italiano più coerente, flessibile ed efficace dei rapporti tra diritto e deontologia
Cheng, Rui. "L'association des avocats de la République populaire de Chine : une approche comparative au regard du droit français." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30034/document.
Full textIn China, a lawyers' community is being formed. It begins to influence the "legal conscience" of the society. However, unlike their French colleagues, Chinese lawyers do not have yet enough sense of belonging to a common professional group. Their associations are not autonomous. Although the profession is much inspired by the experiences of "ethically more developed" countries, the fundamental principles of the profession are not yet rooted in Chinese lawyers’ collective concept. As a liberal profession, lawyers are experiencing an inherent need for autonomy. Otherwise, they cannot make their voice heard by the public, nor protect their professional rights. Similarly, lawyers' activities cannot be fairly supervised by a professional institution dependent on the public power. The autonomy of lawyers' association, whether in China or in France, should be considered as a guarantee for justice and all persons subject to trial. The autonomy is not an end in itself. It is the best way to ensure the independence of the lawyer. The essence of lawyers' autonomy is explained by its implementation in lawyers’ professional activities. From his foot Hercules. This comparative study aims to reveal, at least to some extent, the real landscape of Chinese justice, and to explore the distance between the People's Republic of China and a "rule of law" in its modern sense
Perucca, Bruno. "L'impartialite du juge pénal." Nice, 1997. http://www.theses.fr/1997NICE0018.
Full textDouadjia, Menad. "Le conseil patrimonial immobilier : essai sur le devoir de conseil et l'opération de vente d'immeuble." Electronic Thesis or Diss., Tours, 2023. http://www.theses.fr/2023TOUR1002.
Full textUntil now, as far as I know, no particular work has been carried out on real estate advice in French law. This thesis is intended for in particular to an overall study of the duty of advice in real estate matters. The objective of this thesis is to demonstrate the independence of the duty of advice and to prove its autonomy as a legal concept. The main difficulty lies in its definition. Traditionally referred to as a higher level of information and presented as a different level of warning, which is also considered a level of information. This duty is essentially characterized by the exclusive quality of its debtor who must be a professional specialized in a specific field relating to real estate. Therefore, we cannot speak of such duty apart from this quality. At first sight, this work is limited to the operation of sale of building. As such, the debtor is required to direct and guide his client, whether in the context of a main contract for the sale of property, the source of the duty to advise, or a contract for the provision of services, which has as its main objective the conclusion of a contract for the sale of real estate. In theory, the definition of the duty of advice, in particular that inherent in the sale of real estate, seems to be clear and precise. In practice, all the difficulty lies in determining its boundaries that distinguish it from other degrees of information. To do this research works, it was first proceeded to a preliminary analysis of the judgments of the Court of Cassation, which demonstrates the different dimensions of this duty according to its extensible content and its variable intensity. This analysis has made in evidence the constant function of the duty of advice which can be fortified more and more because of its essence. This process then made it possible to determine the main criteria that characterize this professional’s duty and examine its scope in the different stages of the building sale. This same process allows to wonder about the emergence of an autonomous conception of the duty of advice which may change its dimension when it covers all real estate matters
Bahbouhi, Soror. "Le conflit d'intérêts du banquier." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090060.
Full textBanker’s conflict of interests is a hackneyed concept being invoked with each new crisis without being fully seized by the law. Special, autonomous and original, this concept longs earnestly to legal existence. Conflict of interest is the result of an incompatibility of a power and a duty being simultaneously in the hands of the banker. It is the situation where the banker has the power to affect an interest, pre-defined as superior, that he has the duty to protect. The concept stands at the heart of the fiduciary and agency law governing a considerable part of banker-client relationship, but is not restricted to this area and can both flourish outside the contractual context. Banker’s conflict of interests assumes the existence of a prior : a relationship of trust, which it maintenance appears to have justified many and disparate rules. Mainly inherited from regulations specific to investment services, it appears, after a critical review, that they fail to fully understand the conflict of interest in this area, let alone within its sphere of expression, which extends far beyond. A better legal management of the studied object then imposes a search for simplification and efficiency. In a prospective approach, analyzing the interpretation of legal concepts to which recourse is made to control the contractual Banker’s conflict of interests reveals that the obligation to manage the conflict of interest has common features with the traditional guarantee obligation. A comparative approach of the Anglo-American law confirms the unique nature of the banker's obligation facing the conflict of interest. Such an obligation necessarily require specific rules and a draft is being proposed in the thesis
Palermo, Karine. "Vers un régime unique du risque lié au travail." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00405449.
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