Dissertations / Theses on the topic 'Devoir de bonne foi'
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De, Berard François. "Le devoir de loyauté dans le contentieux privé international." Paris 10, 2009. http://www.theses.fr/2009PA100036.
The frequency and the numbers of international private trials have grown up during the last decades. With this development, dilatory proceedings tactics have multiplied. An answer must be opposed to those unfair behaviours. Between moral and law, the notion of “loyalty – fairness” commands to parties, lawyers and judges the requirements of transparency, harmonization, esteem and cooperation during the resolution of an international private trial. Some of our actual positive rules already command the respect of the loyalty-fairness: we can speak of the requirement of the fairness of the foreign proceedings during the exequatur. However, there are still too many possibilities for bad procedural behaviours during private international trials. The recognition of a principle of abuse of right, or of the estoppel can be two ways, among others, to protect the fairness of the judicial proceedings. If it is hard to question the utility of the requirement of loyalty-fairness, this notion has no still effective value in positive law. Among the tools that we know, especially the principle of law, the study of the loyalty-fairness in international private litigation asks the recognition of a new standard of loyalty-fairness. The standard can be immediately effective, reinforcing the quality of the judicial process, but the standard of loyalty-fairness also bears some of the next evolutions of the international private litigation rules
Grévain-Lemercier, Karine. "Le devoir de loyauté en droit des sociétés." Rennes 1, 2011. http://www.theses.fr/2011REN1G017.
The first part presents a review of the duty of loyalty in company law, to establish an understanding of the origins of the concept and consider its extension. The duty of loyalty, which has developed from case law, places upon directors an obligation to provide information on current negotiations to partners and not to compete with the company. The root of these two expressions of duty lies in the director's power to act in the interests of the partner or the company; by violating one of these obligations in order to favour a conflicting personal interest the director breaches this duty of loyalty. This understanding of the duty of loyalty, similar to that of fiduciary duties in common law, makes it possible to envisage an extension to those bound by the duty whenever a relationship of power and a conflict of interests can be seen to exist. It also provides a basis for imposing new obligations such as the obligation to declare conflicts of interests and not to vote in case of conflict. The second part uses a prospective approach to consider the various applications of the obligation of loyalty imposed on the director and partner. Respect for these obligations is based on two types of control. Firstly, legal control which can be provided internally by advisers and the general meeting, and externally by auditors and various experts in order to prevent disloyal decisions and actions. Secondly, courts are called upon to exercise their power in case of an action to declare null and void or accountable against a director or leading partner who has failed in his or her duty of loyalty
Freleteau, Barbara. "Devoir et incombance en matière contractuelle." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0223/document.
The XXthe century has given rise to the notion of objective good faith in contract law, and more generally, to a standard by which the behaviour of parties to an obligation is judged. The adoption of the concepts of contractual duty and incombance allows a technical approach without affecting the category of civil obligations.Contractual duty is a code of conduct that the contracting party has to observe throughout the performance of the contract ; otherwise it might be viewed as being in a breach of contract. For example, the requirements of good faith and security are duties in that they require the contracting party to adopt a certain conduct on an ongoing basis, in addition to the obligations the contracting party has to carry out under the terms of the contract.Contractual incombance is also a merely behavioural constraint, however it differs in that it weighs on the contracting party only if they wish to benefit from the advantages it determines. It is a prerequisite for the exercise of a right. A buyer who wishes to avail himself of a legal warranty against latent defects, for example, must point out any defect to the vendor, just as the insured who wishes to make a claim must report the covered incident to his insurance company.Distinct sanctions apply to these notions : in case of a breach of contractual duty, penalties can be awarded as a result of the party’s failure to perform its contractual obligations ; on the other hand, non-compliance with and incombance will entail the loss of the determined right
Chandler, John-Matthieu. "La loyauté du mandataire." Electronic Thesis or Diss., Paris 1, 2022. http://www.theses.fr/2022PA01D069.
The presence of the duty of loyalty in contract law raises questions, since it seems to duplicate the duty of good faith. The first ambition of the thesis is to determine the place and function of each of these norms. The analysis shows that they do not express the same concept. Good faith translates the concept of fidelity to one's word, and loyalty, that of devotion. By its very nature, the scope of the duty of loyalty is therefore limited. For the most part, it is limited to relationships where one of the parties receives a power of representation, as in the mandate (agency). The second ambition of the thesis is to rationalize its manifestations in this contract where it is expressed with the greatest intensity. Lastly, in view of the weakness of the sanctions of which its breach is the object in positive law, the last ambition of the thesis consists in proposing a rehabilitation of the punitive function of civil liability, and in rethinking the sanctions that can be pronounced
Trukolaski, Muriel. "La légitimité du motif économique de licenciement : contribution à l'étude sur la cause justificative." Cergy-Pontoise, 2008. http://biblioweb.u-cergy.fr/theses/08CERG0355.pdf.
In the age of grant redundancies, closed to stock- exchange, it looks like interesting to work on a deepened and topical research upon the legitimacy of the economic pattern of redundancy. The first part of the thesis looked into the intrinsic legitimacy. Within the context of evaluation of the legitimacy governing the first title, the legitimate cause that it admits to delimit from the motive, could be related in a way to the "supporting" cause. Of course, it is desirable to widen the field of that legitimate causation, a comparison of the Labour cause with the Civil Law cause looks interesting but basically limited. Yet, it is a fact that a common tendency to subjectivity could induce new rolls parameters exploding. Traditionally, it is not only through the reality but also through the seriousness that different types and rolls points will have to be examined. The result should be a just "proportionately s' roll" without any doubt inspired of the Public Law, notably the balance of share together; distinguishing of the reason's roll typically English or even of necessity. This control's type coming up to a roll called “extensive" can challenge the present answers of the case law, according to which it has been repeated that the judge should not interfere in the " management choices of the employer” (see “ Sat 2000”). Relating the estimation 's setting , object of the second title, it is necessary to demarcate, which levels of the corporation and the groups, this redundancy is justifiable to ; that compared with the “key- notion” of the " firm ’s interest ", however abandoned for the benefit of the notion of the safeguard of the enterprise’s competition, autonomous motive. This motive of reorganization destined to safeguard the “enterprise competition”, space in which the “Yellows Pages ’ judgements”, well-known to render illustrious precaution’s redundancies, then Dunlop who stages the “GPEC” fashioning unexpected, is it not enough to itself to legitimate the supervision of the employer’s leadership ? As a matter of fact, the exercise of this roll produces an impressive value’s clash such as the enterprise’s rival position, the freedom to undertake and the maintenance of employment. Concern to the extrinsic legitimacy, keeping object of the second part, this roll will not, on the other hand, be regularly accomplished than taking in account the reclassified duty, alternative for the redundancy, origin of the first title. This strengthened best- efforts ’s obligation from the side of the employer, inflected by the principle of loyalty, appears at first as a best guarantor of the legitimacy of the redundancy, in comparison with the legal inadequate definition. It will be necessary then to fasten on the study of the sanction the most adapted to the non fulfilment of the regarding-duty, object of the second title: damages, absence of real and serious cause, or in a more radical manner and on the model of social - drawing, nullity ? We cannot miss to evoke at this stage the “La Samaritaine” case law (1997) and more directly the “Wolber’ s decision” (2005) with the impossible materially reinstatement. Finally, in which extent, the extrinsic legitimacy can “retroact” on the intrinsic legitimacy?
Rifaï, Fadilé-Sylvie. "La présomption de bonne foi." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10041.
The presumption of good faith has a legal value, because it is consecrated by the legislature in the section 2274 of the civil code. This thesis concerns only good faith-erroneous belief and tries to precise its content and juridical rule, as this notion is always accused to be blurred and vague. Erroneous belief is the result of objective material elements which are significant of trust and invasive of the state of mind of the victim. The erroneous belief needs a degree of legitimity in order to qualify the good faith and give rise to juridical protection. Where the erroneous belief is lawful, the presumption of good faith is consolidated and can spread all its juridical effects. The good faith has, therefore, a power of creation of rights. This power involves a breach of the law and of certain principles of the civil law. The good faith is also the basis of somme legal rules. However, the normative power of the good faith is not absolute ; it’s limited by the hold of some legal rules which sacrify the good faith in order to protect superior interests
Groffe, Julie. "La bonne foi en droit d'auteur." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111016.
Good faith, vague notion which refers to morality and that is derived from common law, can occur in all branches of law. As such, it is naturally applicable in French copyright law, which is the special law that provides the protection of the relationship between the author and the work that he created and that recognizes moral rights and economic rights in favour of the author. Good faith has a double definition: it means both a misbelief in a situation – that is the subjective dimension – and a requirement of loyalty, which refers to its objective dimension. The choice has been made, in this study, to embrace the whole concept instead of focusing on one or the other side of good faith. Because the aim of this thesis is to analyze how a concept of common law can intervene in a special law, it seemed wise to accept its polymorphism instead of deconstructing the concept. The difficulty is that good faith – in its objective dimension as in its subjective dimension – is often absent from the special law: as a consequence, a first analysis might suggest that this concept has no role to play in this area. However, it finally appears that the notion does exist in French copyright law, whether its intervention is positive (and in that case good faith is taken into account and recognized) or negative (in which case the concept is deliberately excluded from the solutions). The expressions of good faith arise in two forms in this field. On one hand, they may be specific to French copyright law: the concept can be used to answer the questions related to the determination of the exclusive right that is granted to the holder of rights, or the questions related to the penalties for copyright infringement. In these hypotheses, the use of good faith is a choice made by the judge or, more rarely, by the legislator and it fulfills a specific objective, proper to French copyright law: this objective is often the defense of the author or, on a wider scale, the right holder. On the other hand, the expressions of good faith can be imported from common law. If the privileged place of intervention in that case is the author’s contract (which is the contract that organizes the exploitation of the work), due to the applicability of the article 1134, paragraph 3, of the French Civil code – which imposes a duty of good faith during the performance of the contract –, good faith also has a part to play beyond this contract. In these cases, the use of the concept is imposed to the judge and the legislator – because both must take into account the general rule when it is not in contradiction with the special one – and the aim is to fulfill a general objective, external to French copyright law: then the goal is to protect the balance of relationships or to guarantee legal certainty. As a consequence, the expressions of good faith in French copyright law are plural and call for questioning the interference between common law and special law
Steinmetz, Benoît. "De la présomption de bonne foi : essai critique sur la preuve de la bonne et de la mauvaise foi." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30014.
The presumption of good faith, under article 2268 of the Civil Code, is a simple presumption of a legal or quasi-legal nature. The function and usefulness of this probatory mechanism vary between the case of a lawsuit where a claimant challenges the protected owner-object relationship, and the case of a litigation pertaining to a pre-existing relationship between two legal entities. A second difference pertains ta factual elements that are taken into consideration. Ln the first case, only the good faith of the owner is evaluated. Ln the second case, the role of the judge and the concept of good faith (and conversely bad faith, cheat, the breach or lack of good faith) have specific probatory consequences. The evidence for the state of mind of one party interacts with the evaluation of the state of mind of the other party. Not only must it be determined whether a party must be penalized, but whether the other side deserves to benefit from the requested penalty
Bringuier-Fau, Sabrina. "La bonne foi en droit de la concurrence." Toulouse 1, 2012. http://www.theses.fr/2012TOU10038.
Good faith is omnipresent in Law and competition law does not make an exception. It appears as an interesting tool of coordination between legal materials. As a central notion of contract law, it has managed to adapt to the evolution of this law and its increasing objectivation makes possible the consideration of the competitive logic within individual connections. From its parts, competition law opens itself in the individual logic by inciting economic actors to a larger autonomy. These rules give responsibilities by requiring them an honest and fair behaviour. This process also influences the substantial analysis of competition law, which is touched by a movement of privatization. It supposes the consideration of an intention, even objective, in the demonstration of the restraint of competition. Further to a decentralization of the European procedure in a whole of the dispute of competition, good faith plays a federative role and establishes a reliable relation between the diverse actors of the implementation of this law requiring duties of cooperation, collaboration and loyalty. The terms testify to competitive community building and to the intensification of an objective solidarity between it members. After this manner, the economic actors follow the responsibility of institutions in the protection of common interest
N'Diaye, Florence. "Le principe de bonne foi : essai de définition unitaire sous l'angle de la confiance en droit allemand et en droit français." Paris 10, 2005. http://www.theses.fr/2005PA100055.
The subject-matter of this doctoral thesis is the definition of the good faith which, both in German and French law, seems to cover an objective concept of good faith, Treu und Glauben, and a subjective concept, guter Glaube. The first step was to show that the definitions in legal writing were based on a wrong criterion. There would not be a necessarily objective or purely subjective concept of good faith. The second stage in defining good faith consisted in analysing all instances of good faith in German and French statutory and case law, the focus being on the protection of confidence put in representation or in a right. Thus were discussed agency by estoppel and apparent authority. The last step was to examine property law, i. E. The role of good faith in the confidence put in someone's own right or in someone else's ownership right
Diallo, Harouna. "Le principe de bonne foi : (Contribution à la recherche d'un instrument de justice contractuelle)." Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080007.
At the dawn of this new millennium, the contract such undergoes profound changes, so that it is even legitimate to speak of contractual deregulation, alike the climate change. Is it then all about a deregulation or a new crisis of the contract? Whatever it is, contract has, by profound changes, considerably metamorphosed. That leads to an abandonment of its traditional landmarks, and to rebuilding its paradigms. Therefore, the contract is no longer only influenced by a single ideology, but by many. Thus, the « autonomy of will » principle that was the only ideology the contract relies thereupon, gradually eclipses due to the fierce competition of the theory of « useful and fair ». Other philosophies, such as contractual solidarism and social voluntarism also influence it. The cult of equality, derived from the universalism of the Enlightenment, gives way to a postmodern approach of the contract. In this ideological tumult, the principle of « good faith » arises as a mediation between the past and the present. For, despite its classical appearance, it embodies a reality quite modern. It allows to combine different ideologies. Its protean nature also allows to deal with different realities. While fostering freedom of contract, it also preserves contractual certainty. By suggesting resort to obligation of information and cooperation, the principle of good faith actually contributes to contractual freedom. In parallel, it implies an adjustment of the unbalanced contract, thereby ensuring contractual certainty. Adjustment then allows contract to ever last. By setting a mutual obligation of information among parties who have to readjust the unbalanced contract, the principle of good faith thenceforth highly contributes to contractual justice. Neither impairment is no longer a fatality, nor the imbalance an impossible obstacle. Here only lies a challenge to overcome
Deroussin, David. "Le juste sujet de croire dans l'ancien droit français /." Paris : De Boccard, 2001. http://catalogue.bnf.fr/ark:/12148/cb38849913p.
Durand, Frédéric. "L'apparence en droit fiscal /." Paris : LGDJ-Lextenso éd, 2009. http://catalogue.bnf.fr/ark:/12148/cb41469883f.
Baccouche, Tarak Ben Abdel Hamid. "L'apparence en droit des sociétés commerciales : étude de droit comparé français et tunisien." Nantes, 1999. http://www.theses.fr/2000NANT4003.
Mimouni, Karima. "Droit morale et bonne foi : application en droit privé contractuel." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30004.
Moral code and law are two systems of norms. Law is formally and materailly moral. The morality is accompanied by a powerful and real moralisation process exercised by the law through the bona fide. The good faith or bona fide is a legal an moral norm, whose application in the law and in morality are correlated. In law it covers a double sense of wrong belief and faithfulness, honesty and loyalty. In an interpersonnal relationship formulated in a contract, the bona fide appears as an ethic inspired by the moral code. In the law, the good faith erga omnes is the superior principle governing inferior rules and moralising all legal cases, even contract law. Inter partes the good faith is a duty from a moral point of view and an obligation from a legal point of view : the duty to be faithful to the contract ( the obligation of loyalty) and the duty to co-perate ( the duty of assistance and mutual aid comprising transparency and interference and the obligation to give advice and provide information)
Valiergue, Julien. "Les conflits d'intérêts en droit privé : contribution à la théorie juridique du pouvoir." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0259.
A conflict of interests refers to the opposition of two or several separate interests, concerning separate persons or groups of persons. It may occur that a conflict opposes the interest of one person – or the interest of a person to whom the first person is acquainted – to the interest of a third party of which the first person is responsible. Such situation could result in the conflict being illegitimately solved to the detriment of the third party’s interest. Therefore, the purpose of this thesis is to study this type of conflict of interests by linking it to the legal theory of power. Here, the power is defined as the prerogative enabling the entitled person to be involved in the creation of legal acts on behalf of another party, by defending one or several interests separate from their own interests.These powers can be subject to a double distinction. The first distinction aims at differentiating powers depending on the role played by those who are entitled to such powers in the determination of the content of the legal act to be created. This distinction results in the separation between intellectual powers and decision making powers. The second distinction aims at differentiating powers depending on the duties of the entitled persons. It results in the separation between loyalty-powers and impartiality-powers.Linking the conflict of interests to the legal theory of power has two consequences. First, it helps delimiting the field of such conflicts. And it also helps defining them. Indeed, a conflict of interests corresponds to a situation where a misuse of power may occur. In such types of conflicts, the risk that the person in power might act contrary to their duty arises. It then results in a typology of conflicts of interests. This typology is based on the main distinction between loyalty conflicts and impartiality conflicts and on two secondary distinctions: the distinction between direct and indirect conflicts on the one hand, and the distinction betweenthe conflicts of interests and duty and the conflicts between duties on the other. This distinction between conflicts justifies a distinction in the way they are treated. Indeed, these various types of conflicts do not have the same risk of resulting in an actual misuse of power, which should be taken into account when treating such conflicts. The resulting typology is therefore a tiered typology that could be used to identify the corresponding treatment for each type of conflict
Jabbour, Rita. "La bonne foi de l'article 1134 alinéa 3 du code civil." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010302.
Despite having a simple and concise formulation, Article 1134, paragraph 3, of the Civil Code has been the subject of great controversy in recent years. Via confusion and distortion, good faith gained a distended scope, destabilizing the binding commitment. A refinement of the concept was therefore required. It reveals a contained notion, bound to a specific function : the control of contractual behavior. In reality, good faith acts to secure the relational/interpersonal frame of the contract. Transforming mistrust into trust, this provision reflects the renewed recognition of the bond to a law that the parties have freely created. This justified the reconsideration of the basis of the mandatory power of commitment by virtue of a new founding principle : the alliance. The breach of good faith is then objectively assessed in the light of legitimate expectations generated by the alliance. Invigorated, good faith uncovers a specific legal content, and its events are categorized where before casuistry seemed to triumph. The analysis of the good faith regime has likewise helped to discover its variations. Owing to the fact that not all conventions share the same strength, the fluctuations of article 1134, paragraph 3, are measured according to their sole evaluation criterion, that being legitimate expectations. Another key held in theorizing sanctions pertinent to good faith achieving its return to the contract. Restored to its very essence, this legal standard finds its way, that of the right measure
Calvet-Masnou, Geneviève. "La persévérance en droit des contrats." Perpignan, 2007. http://www.theses.fr/2007PERP0791.
Chastelein, Cornelius Petrus. "Specimen academicum inaugurale de fide inter hostes." Leiden : IDC, 1985. http://catalogue.bnf.fr/ark:/12148/cb37258439s.
Jaluzot, Béatrice. "La bonne foi dans les contrats : étude comparative des droits français, allemand et japonais /." Paris : Dalloz, 2001. http://catalogue.bnf.fr/ark:/12148/cb37660622k.
Diallo, Harouna. "Le principe de bonne foi : (Contribution à la recherche d'un instrument de justice contractuelle)." Electronic Thesis or Diss., Paris 8, 2015. http://www.theses.fr/2015PA080007.
At the dawn of this new millennium, the contract such undergoes profound changes, so that it is even legitimate to speak of contractual deregulation, alike the climate change. Is it then all about a deregulation or a new crisis of the contract? Whatever it is, contract has, by profound changes, considerably metamorphosed. That leads to an abandonment of its traditional landmarks, and to rebuilding its paradigms. Therefore, the contract is no longer only influenced by a single ideology, but by many. Thus, the « autonomy of will » principle that was the only ideology the contract relies thereupon, gradually eclipses due to the fierce competition of the theory of « useful and fair ». Other philosophies, such as contractual solidarism and social voluntarism also influence it. The cult of equality, derived from the universalism of the Enlightenment, gives way to a postmodern approach of the contract. In this ideological tumult, the principle of « good faith » arises as a mediation between the past and the present. For, despite its classical appearance, it embodies a reality quite modern. It allows to combine different ideologies. Its protean nature also allows to deal with different realities. While fostering freedom of contract, it also preserves contractual certainty. By suggesting resort to obligation of information and cooperation, the principle of good faith actually contributes to contractual freedom. In parallel, it implies an adjustment of the unbalanced contract, thereby ensuring contractual certainty. Adjustment then allows contract to ever last. By setting a mutual obligation of information among parties who have to readjust the unbalanced contract, the principle of good faith thenceforth highly contributes to contractual justice. Neither impairment is no longer a fatality, nor the imbalance an impossible obstacle. Here only lies a challenge to overcome
Romain, Jean-François. "Théorie critique du principe général de bonne foi en droit privé: des atteintes à la bonne foi, en général, et de la fraude en particulier ("Fraus omnia corrumpit")." Doctoral thesis, Universite Libre de Bruxelles, 1998. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212125.
Grégoire, Marie Annik 1971. "Liberté, responsabilité et utilité : la bonne foi comme instrument de justice contractuelle." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115645.
As part of this study, we identify certain principles that are fundamental in the theory of contract: notably, commutative justice, contract commutability, subjective rights and legitimate interests. We establish the relationship between each of these basic concepts to conclude that to be consistent with the principles of commutative justice, contract commutability shall not be based on a monetary equivalent of benefits but on the respect of a standard based on peaceful coexistence of rights and interests. It consists therefore of a normalization of contractual relations which ceases to be purely subjective. This finding leads to several inferences: the addition of the circumstances of the execution and termination of the contract, rather than simply its creation, to the possibilities of judicial review, a better legitimization of such review and the recognition of the principle of good faith as a privileged instrument for a fairer contractual commutability. Moreover, the last part of our thesis is devoted to examining judicial practice interventions based on good faith in order to illustrate the principles expressed in the study.
Desgorces, Richard. "La bonne foi dans le droit des contrats : rôle actuel et perspectives." Paris 2, 1992. http://www.theses.fr/1992PA020017.
Good faith has had little influence in the development of contract law. It was not a recognised legal concept, and lacked any clear definition. It is only in recent times that legal commentators and the courts have shown any interest in this subject. Good faith could play a more important role if it became one of the essential ingredients for the enforceability of contracts. In this way contracts couls tale on a more human, subjective face. This can only come about recognition of a genuine obligation to act in good faith. Thus, there would be some recourse against a party to a contract who acted without good faith
Lhomme, Didier. "Recherches sur les regles juridiques applicables a la negociation en droit international public." Toulon, 2001. http://www.theses.fr/2001TOUL0032.
M'baye, Hugo. "La différence entre la bonne foi et la loyauté en droit des contrats." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD040.
The point of this thesis is to question the existence of a real difference between the notion of good faith and that of loyalty. I was brought to this topic by noticing the alternative use of words such as good faith and loyalty in the contractual field. This misunderstanding was maintained by judges as well as by a consequent part of the doctrine. Might such notions merge into the same idea so that they’d be used in the same situations to regulate the same behavior ? Stating that it cannot be, the aim of this thesis is to prove the necessity of clearly separing these two notions which are doomed by their lexical proximity and their poor definition to be mistaken for one another. The consequent purpose of this thesis is to preserve the very principle of legal security.Therefore, the following study aims at establishing criteria of distinction between good faith and loyalty when it comes to contract law, as they do not endorse the same role. While good faith is a general and minimal behavioral norm that applies to any contractual relationship, loyalty is a special and demanding standard. Also, this difference in nature will induce a difference of scope and regime allowing to preserve the subject of law from the unfortunate practical consequences that may be caused by the confusion of these notions
Horowitz, Sigmund. "La protection du tiers contractant en face d'un faux mandataire en droit allemand et en droit français." Paris 2, 1996. http://www.theses.fr/1996PA020045.
Barry, Sarah. "Les pourparlers précontractuels en droit québécois : de l’opportunité d’une modification du Code civil du Québec à la lumière des récentes réformes française et allemande." Thèse, Montpellier, 2018. http://hdl.handle.net/1866/21173.
Seyssel, Marie-Claire. "L'abus de droit dans les contrats." Chambéry, 2004. http://www.theses.fr/2004CHAMD032.
Courcenet, Sandra. "Les atteintes subies par les témoins et la loyauté processuelle : contribution à l'étude des droits de la personnalité." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30015.
The judicial witness is a third party in the lawsuit whose duty is to appear, take oath and give evidence on everything he saw, heard or learned about the dispute. From then on, two interests - public and private - are in confrontation : the personality rights of the witness against the rights over demonstration of the truth and freedom of information. The pursuit of an issue to the dispute goes through the study of the personality rights concept followed by a viewpoint examination of the engagement of the witness' private life. These facts lead us to propose the procedural loyalty principle as a global rule of participation of the various interveners : the judicial employees, the parties, the medias and the third parties. For the latter, this means the guarantee to be respected as witnesses but also as people according to their handicaps or own qualities, in return for the execution of their citizen's duty. Thus, the necessity to adopt this behaviour standard, for oneself and the others, could give birth to the set up of real legal rules, of general significance and subjected to penalties. Ethical and moral principles serve then the utilitarian doctrine in favour of the free development of the individual personality, the justice and the right to information
Jaluzot, Béatrice. "La bonne foi dans les contrats : Etude comparative des droits français,allemand et japonais." Lyon 3, 2000. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D55.
Naumowicz, Pascal. "Fidei bonae nomen et societas vitae : contribution à l’étude des actions de bonne foi." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020007/document.
Actions of good faith (iudicia bonae fidei) have for long been suspected of being initially praetorian actions, which were probably for most of them created by the peregrine praetorship to enforce contracts passed by the strangers (peregrine), so that their material source is good faith (fides bona),expressed in their formula by the clause “ex fide bona”. Our research is an attempt to prove that :a) these actions were already considered as civilian actions in the later Republic, despite the lack of a statutory ground b)their initial scope was to protect typically Roman relationships; c)Thus, the clausulaex fide bona was a simple standard that enlarged the power of the judge and overlapped some of the strict rules of Roman civil procedure, as well as it took place in an euphemistic and diplomatic way of writing formulas, in order to respect the social affinity (societas vitae) between the parties
Braci, Antoine. "La bonne foi dans le contrat : une réflexion via le prisme du droit anglais." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED068.
This PhD thesis, which is based upon confidential business documents, is an analysis of good faith in contract from a comparative perspective (French law and English law). The author defines good faith as a “reliability” device that ensures trust to protect against contractual risks. While the first part of this thesis deals with the proposed definition of good faith, the second part applies this definition to a variety of risks
Kolb, Robert. "La bonne foi en droit international public : contribution à l'étude des principes généraux de droit /." Paris : Presses univ. de France, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/322757797.pdf.
Tralongo, Audrey Nathalie Gabrielle. "Essai sur la bonne foi en droit pénal : Contribution à l'étude de la responsabilité pénale." Montpellier 1, 2009. http://www.theses.fr/2009MON10013.
Boursier, Marie-Emma. "Le principe de loyauté en droit processuel /." Paris : Dalloz, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/370990617.pdf.
Bachelet, Benoit. "L'abus en matière contractuelle." Grenoble 2, 2004. http://www.theses.fr/2004GRE21025.
Durand, Frédéric. "L'apparence en droit fiscal." Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30022.
Appearance in french tax law corresponds to all the cases in which tax administration is allowed to tax persons as regards to their visible situation and not as regards to the truth. Such hypothesis are quite important in the practice where tax department taxes for example appearant shopkeppers, companies or shareholders. In all these cases tax administration has an option between taxing appearance or reality. This option is the direct consequence of tapayer behaviour who conceals the truth on purpose. More precisely, she is the result of an obligation of good faith which imposes to every taxpayer to be honest with the tax administration
Viret, Marie-Pierre. "Le principe de bonne foi et le droit des sûretés : essai d'une conciliation entre impératifs contradictoires." Avignon, 2005. http://www.theses.fr/2005AVIGXXXX.
Benabdellah, Imel. "La renégociation du contrat." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10003.
Renegotiation of the contract is a mechanism that allows you to save the contract when it becomes unbalanced due to new circumstances. This imbalance, because it affects one of the parties, jeopardizes the sustainability of the relationship. Public law has long been recognized. By contrast, private law has always refused to accept the correction of the contract on behalf of the principle of inviolability under Article 1134 paragraph 1 of the Civil Code. Its implementation can then result from a contractual forecast. However, the principle of good faith under paragraph of this same text, with the corollary obligation of cooperation and collaboration, encourages recognition.Legally recognize the right to renegotiate the contract become unbalanced can not be detrimental to the principles of binding and legal. The right to renegotiate based on freedom of contract: the parties must enter into renegotiation but they still have their freedom in the expression of a willingness to adapt to the new circumstances of the contract execution. The right to renegotiate the contract must be a mechanism to mitigate the sanctity of the contract.Supranational law admits this theory is found in many of the provisions of Community law and international law. Similarly, the draft national reform of contract law all refer to this theory they host unanimously. It now belongs to the legislature to end this French based on the judgment Canal Craponne, and welcome to this theory in order to restore its effectiveness in the contract, which remains the fundamental tool of the trade
Boursier, Marie-Emma. "Le principe de loyauté en droit processuel." Paris 2, 2002. http://www.theses.fr/2002PA020010.
Rabagny, Agnès. "Théorie générale de l'apparence en droit privé." Paris 2, 2001. http://www.theses.fr/2001PA020015.
Labrot, Émilie. "L'imprévision : étude comparée droit public-droit privé." Toulouse 1, 2012. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/l-imprevision-etude-comparee-droit-publicdroit-prive-des-contrats-51357.
It has long seemed impossible to reduce the opposition between private and public law in terms of unforseeability. However, since the end of the twentieth century, converging movements from each side have tended to limit the distinction between both regimes towards unforseeability. Today, the opposition of the different regimes remains mainly dogmatic, all the more, because the theory of unpredictable constraints, pending of the unforseeability theory in the works contracts, is admitted by both the administrative and the judicial judge. We could therefore consider a unification of the unforseeability regimes, and more generally of the law of contracts in accordance with the prospect of harmonization of the European law of contracts. The development and the functioning of the internal market demands in fact a law of contracts really unified. Besides, many states from the European Union have dedicated an unforseeability theory within their positive law of contracts, inspired in particular by the practice of international trade. The unforeseeability theory is henceforth acknowledged. Its appropriateness within the law of contracts, especially at a time of crisis is in fact a matter for the economic theory
Boulaire, Jérémie. "Bona Fides : contribution à l'étude des fondements du principe de bonne foi en droit français des contrats." Lille 2, 2006. http://www.theses.fr/2006LIL20018.
Eighty years after the publication of Georges Ripert, The moral rule in the civil obligations ( La règle morale dans les obligations civiles), we are accustomed to presenting the principle of Good Faith as resting on a moral base. Sign of a moral rule spreading in the statute law, the concept of good faith would be the means chosen by the Frenchs courts to moralize the contract law. On the basis of athought about the extraordinary reception which , as of its first edition in 1926, has been reserved for this work, having since then become mythical, the author makes the bet of a historical in-depth setting, to lead to the following diagnosis : within the legal speeches, the assertion of the moral base of principle of Good Faith fulfills a function much more of legitimation than of decision. A moral philosophy should necessarily be chosen and, with examination, it proves that, since its birth at the modern time – i. E. This period that the historians locate after the end of the Middle Ages and which is not the contemporary time – this fundamental principle, which is said to be inspired by a moral rule, has been domesticated, placed at the service of a requirement of security has constitued basically the paradigm on which this principle rests and more generally, as well, the French contract law as a whole. The contemporary evolution of jurisprudence does not call into question this state of affair. The relatively recent topic of a reactivation of the concept of good faith at the end of the 20th century testifies, not to an abandonment of this paradigm of security , heritage of the modern thinkers, but more certainly to a shift in the jurisprudential design of security. We remain in a culture of security ; we simply no longer have one and the same design of security than in former times. Even if this movement is unfinished, it seems that we are passing from a security for the contract to a security for the contracting parties as persons. This assumption in any case provides a possible key of reading for the contemporary transformations of our statute law
Raoul-Cormeil, Gilles. "La mauvaise foi dans les relations de droit privé interne." Caen, 2002. http://www.theses.fr/2002CAEN0066.
Beuvier, Clément. "La notion de 'bonne foy' au XVIe siècle." Electronic Thesis or Diss., Tours, 2023. http://www.theses.fr/2023TOUR2021.
This thesis focuses on the notion of “bonne foy”, described in the sixteenth century as a fundamental moral, political and religious norm. From a first point of view, it refers to the requirement to keep one's word, and is at the centre of a discourse that is formed at the crossroads of law, moral philosophy and literature, whose main sources, privileged exempla and conceptual structure are analyzed in this thesis. Through the study of specific cases, the ai mis to highlight the specific content of the notion in the French context of the sixteenth century, particularly evident in literary works such as Jean de Beaubreuil's Regulus (1582) or Michel du Rit's Le Bon François (1589). A study of this kind, however, shows that the uses of “bonne foy” cannot be reduced to the paradigm of given word alone, where “bonne foy” consists first and foremost in being faithful to a word kept against all odds, according to the ideal of constancy overcoming circumstances. In the corpus we have collected, “bonne foy” consists, on the contrary, in taking account of circumstances and anything that goes beyond the strict letter of the words. This is what a legal study of the notion shows : bona fides first appeared in Roman law, and underwent a decisive theoretical development in the learned law of the Middle Ages and the Renaissance, in which it was gradually linked to the paradigm of equity. The notion is based on a certain mistrust of the consequences, contrary to what is good and true, to which an overly literal interpretation of words can lead. This aspect determines the uses of “bonne foy” outside the law, where we can observe this transposition of a moral category into the field of interpretation. This transformation of the requirement of fides that is at work in the notion constitutes the main object of this work, which explores the tension between two requirements that “bonne foy” expresses without them overlapping perfectly: on the one hand, to assert the obligatory force of the words held by men, and on the other, to subordinate the words to the intention that animates them and to the conditions of their enunciation. The “bonne foy” thus tends to be defined within a hermeneutic ethic whose two privileged processes are as follows : the recognition by someone that they were in error, and the correct interpretation of another's words. Basically, the notion is defined as a relationship to knowledge and language. The study of “bonne foy” in the Essais, which brings this work to a close, focuses on Montaigne's singular use of a notion that is closely linked to the gnoseology developed in the work, based on the recognition of ignorance
Accaoui-Lorfing, Pascale. "La renégociation des contrats internationaux." Paris 2, 2008. http://www.theses.fr/2008PA020030.
Galie-Blanze, Mahalia. "La matière contractuelle : pour une lecture renouvelée du droit des obligations." Paris 11, 2010. http://www.theses.fr/2010PA111009.
Wilpart, Marie. "Secret médical et assurances des personnes." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_wilpart_m.pdf.
This dissertation deals with the difficulties surrounding the coexistence of medical confidentiality, which imposes the silence, and good faith, the basis of a health insurance contract, which supposes the transparency on the insurant’s health. In the first part, we note that medical confidentiality constitutes a threat to good contractual faith, by paralysing the appearance of truth. Medical confidentiality, being at the same time a duty of the doctor and a personal right, protected by internal and European law under the grounds of one’s private life, it cannot be nevertheless lifted without careful consideration. Only the conciliation seems thus possible. In the second part, we notice that the case law solutions require the lifting of medical confidentiality only when a clause of early renunciation is included in the insurance contract. So, we were interested in article 8 of the European Convention on Human Rights, which protects the medical confidentiality on the grounds of one’s private life, and in the doctrine of the ban to contradict itself to the detriment of others, stemming from the estoppel. The analysis of these legal foundations allowed to admit a lifting of medical confidentiality, limited in time. The insurer would therefore have a certain amount of time to examine the truth. Then, medical confidentiality would benefit again from its absolute protection. All things considered, the legislator will then determine the timeframe required of the lifting of the medical confidentiality for the insurance company. So, if the necessity of the conciliation of the right to the medical confidentiality and the right to the truth presented itself, the intervention of the legislator would be imperative
Chen, Chung-Wu. "Apparence et représentation en droit positif français." Paris 1, 1997. http://www.theses.fr/1997PA010278.
The subject of this research is to study how the theory of the appearance on french law is applied to the agency. We call such a research under the terminology of "apparent power of agency" or "apparent authority". It is founded on two observations which seem to be contradictory each other. Firstly, the rules of the agency are essentially established for the protection of the principal. Therefore,the principal is not liable to a third person for unauthorised acts. But, on the other hand, we find that the law also has to take account of the apparent situation and to comply with the need of the society. That is why in some cases the interest of the principal must be sacrificed in order to protect the third person who believed that a agent had authority to act in the name of the principal and acted on that belief. Accordingly, the study of the apparent authority implies always a conflict of interests between a pseudo-principal and a third person believer. The general idea which dominate our study is thus to search for an equitable balance in the conflict of interests which is born between the principal and the third person. The theory of the apparent authority is to decide, to some equitable extent, who merits a protection of law and who has to assume the risque of the unauthorised acts. That is why, in order to reach a better balance between the conflicting interests, we suggest the notion ofimputability of the apparent authority to the pseudo-principal and the notion of legitimate reliance of the third person as two necessary conditions of application of the apparent authority