Dissertations / Theses on the topic 'Droit de la famille - France'
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Feddal, Francis. "La famille en droit fiscal." Paris 5, 1992. http://www.theses.fr/1992PA05D002.
Full textThis thesis deals with the changes affecting the family in the fiscal field. These changes vary according to whether it concerns income tax, solidarity tax on personal fortune or death duties. With regard to the tax on earnings, the family is taken into account as an entity but with this particularity that the legitimate family is treated differently than the natural family. When it deals with the legitimate family, the global earnings of all the household members are taxed and thus benefit from the family quota, but the concubine household is not considered as an entity and thus does not have a right to the family quota. In the field of solidarity tax on fortune, the family is taxed by household but, paradoxicaly, the unmarried couple is treated in the same manner as the legitimate family. This tax only affects a physical person whose fortune exceeds 4. 390. 000 f. For death duties, the tax varies according to the degree of family ties between the deceased and his inheritors or heirs, the surviving partner is treated as a complete stranger
Gouzy, Caroline. "Le droit de la famille et le droit fiscal." Toulouse 1, 2004. http://www.theses.fr/2004TOU10016.
Full textIn a context of major changes in the structure of the family, we are nowadays attending a bursting of the traditional family. These upheavals involve effects at the legal level ; indeed, law must be in catch with social realities. Thus, it is at the same time the family law which is concerned, but also the tax law since, from birth until death, all the social life of the individual is subject to tax regulation. This is the interesting relation between family and taxation. This relation, and more particularly the subject-matter " family law and tax law" may appear paradoxical. Indeed, it is hard to admit that the private sphere of the family is linked, to some extent, with the public sphere. The present thesis is focused on the relations between family law , family and tax law. Family law and tax law are both based on the legitimate family, and do not always take into account the diversity of the new family patterns. So there is a deep inadequacy between the legal concept of the family and the actual manners, which creates an important mismatch. Relations between family law and tax law are complex, oscillating between dependence and reciprocal influence, the consequences are important: the family is no longer restricted within the sphere of the civil law, tax law has also taken up a great deal of room
Maury, Olivia. "Famille et droit pénal." Paris 2, 2006. http://www.theses.fr/2006PA020045.
Full textDudit, Carine. "La contractualisation du droit de la famille." Nantes, 2009. http://www.theses.fr/2009NANT4018.
Full textRuled by law and order for a long time, family was instituted by law and organized by legal status. Individual wills and contract had a tiny place in family links. This situation was justified by disparity between wife and husband and group prevailing upon individual. Husband and wife equality, glorification of rights and individual liberties, relaxation of moral standards paved the way for contract in family relationship and also in family link institution. Legal status and institution are fading away but not vanishing. Increased part for contract, decline of a restrictive law and order in favor of a protective one, rise of justice intervention are main guides for analyzing family laws of 21st century
Griffon, Laurent. "Droits de famille et communauté de vie." Nantes, 2000. http://www.theses.fr/2000NANT4033.
Full textThe thesis bring out interactions between a fact, the life community, and the law, the family rights. The community of life is a civil liberty, which rests on an essential element, the will. The ceongnition of family rights by the community of life has been reformed, because at the marriage and the cohabition, now recognised by the law, is addicted the civil pact of solidarity. The rights accorded at the moment of the choice of community life form are function of the commitment intensity : the spouses profit from the more complete status, on extra partimonial plan as well as patrimonial plan, which concubines don't possess, and the partners have patrimonial rights for the essential. The connection between both status is made, in reality, by the child, in application of the relationships equality principle. The community of life, source of rights, conditions also the reality of these rights. If she's complete sincere, it permits the consolidation of the title (marriage, civi pact of solidarity, relationship), the maintenance of the recognised rights, or acquisition of new rights (nationality, adoption, PMA). Its disappearance gives the whole measure of its importance. If the life community cease voluntarily or by death, spouses are the best protected : recognise to the more destitute or to a survivor, provided with legal reghits of succession, the maintenance of his life conditions. By a comparison, partners can pretend to a half of the common patrimony, the concubines must referee to the judge. As regards of relationship, the inheriance inferiority of the adulterant child is called to disappear. The study underlines the superiority of marriage, institution and act of prevision of a life commitment, on the civil pact of solidarity, contract of undetermined length, and on cohabitation, uncertain factual union
Lucas, Christine. "Du contrat de famille à la famille contractuelle : étude de droit extra-patrimonial." Poitiers, 2000. http://www.theses.fr/2000POIT3027.
Full textChateau-Briquet, Monique. "La preuve dans le droit de la famille." Nancy 2, 1988. http://www.theses.fr/1988NAN20004.
Full textThe specificity of family extrapatrimonial law led to wonder if the application of an original theory of the law of evidence was justifiable. But the particularism of the system has diminished in order to give free rein to the development of the right to evidence with a return to the principle of the freedom of evidence as regards judicial facts. The disappearance of legal specificity of the evidence, already carried out to a very large extent by the law of 11th july, 1975, as far as marriage and divorce are concerned, takes place today in the field of filiation. Indeed, since the law of 3d january, 1972, has been implemented, the evolution has carried on and has even increased-over the past years- in so far as civil courts have fully made use of the increased powers which had been given to them. The rapid improvements accomplished as far as scientific research is concerned have led to the upheaval of some traditional conceptions; they have made disappear the natural obstacles to the right to evidence, which were depending on the impossibility to substantiate. But still there is - in a standing and irreducible way- an originality in the facts : if the subject of the evidence is specific, the means of evidence -if they may as a whole be linked to the existing categories- are original in spite of everything
Burgard, Marlène. "Les obligations fondamentales en droit de la famille." Toulouse 1, 2008. http://www.theses.fr/2008TOU10051.
Full textHenneron, Sandrine. "La notion de famille en droit positif français." Lille 2, 2002. http://www.theses.fr/2002LIL20011.
Full textThe purpose of the thesis is to develop framework for the concept of family, which, despite its omnipresence in French law, is not defined in any of the legal texts. Today the family takes a multiplicity of forms, departing from the traditional model, which is based on the narrow concept of marriage as a legally recognised sexual union. Due to the liberalisation of divorce laws and the emergence of alternative life styles, the concept of family is no longer based upon the traditional couple, which has become only one among several different family types. Despite this multiplicity of family types, the concept of family in French law retains a unique feature, which derives from the introduction of the principle of equality without regard to the legitimacy of parentage. This principle has in effect standardised legal relationships between parents and children. .
Duard-Berton, Christine. "L' ordre public dans le droit de la famille." Paris 2, 2004. http://www.theses.fr/2004PA020025.
Full textBareït, Nicolas. "Le droit transitoire de la famille." Pau, 2008. http://www.theses.fr/2008PAUU2004.
Full textThe study of the transitional provisions adopted in family law since 1804 makes it possible to clarify the existence of a real family transitional law, i. E. A transitional law peculiar to the family law. On a side, the synchronic analysis of the transitional provisions reveals the permanent characteristics of the family transitional law. This reveals that the family legislator instrumentalise transitional law to achieve his own aims : the transitional provisions can thus be used to ensure the effectivity of the law, or to mark the breaks in the state of the right. Such an instrumentalisation is however limited : the legislator has to respect the principles of separation of the powers and legal security. On another side, the diachronic analysis of the transitional law evolves in the same direction and at the same speed as the family law : increase of the role granted to individual wills, progressive tender with the same fundamental rights. Such a parallelism in the evolutions is the consequence of the imitation of the transitional law with regard to the family law. To final, the combination of these two factors (instrumentalisation of the transitional law by the family law, imitation of the transitional law with regard to the family law) explains the considerable influence exerted by the family law over the transitional law. It is this influence which prints on the family transitional law its particularity – its originality
Baillon-Wirtz, Nathalie. "La famille et la mort." Paris 2, 2004. http://www.theses.fr/2004PA020076.
Full textSooner or later, everybody is confronted with the death of a close relation which involves the carrying out of practical and ceremonial formalities supervised by particular rules. The purpose of this thesis is not to schematically list these regulations but to define the interaction of family life, an uncertain reality because of the diverse links which compose it, and of death, the irremovable reality. It is argued that death and the family influence each other under the rule of law. With regard to the influence of death on the family, this study demonstrates, on the one hand, that the composition of this relationship is not fixed because it is possible to give to the deceased a title based on a previous situation (biological link), to create an artificial link or to contest an established link. On the other hand, death reveals which conception of the family is dominant in society as its regulation shows important underlying legislative choices regarding the family, of which some point to a greater equality of the family members (links of filiation), and others towards a real disparity, particularly a patrimonial one (conjugal links). With regard to the influence of the family on the legal consequences of death, this influence becomes effective if the family imposes to others, by means of specific rights, the respect for the interests of the deceased (right to immortalize its wills, even presumed) and its own interests (rights of the personality and rights of property on the grave and the corpse), sometimes limited if the family executes obligations which the law and the deceased impose upon it
Shibaba, Kakela J. B. "Communautés d'Afrique noire dans la région Rône-Alpes." Grenoble 2, 1996. http://www.theses.fr/1996GRE21006.
Full textAs part of research about the integration conditions of black africans in french society, our study has followed a three parts process. The first part concerns a sociological and statistical study which allows us to specify the numerical importance, the geographical origin and family practices of africans the analysis of this part leads to the observation that the presenc of africans raises some real or potential conflicts which essentially centre on family law, after a detailed study of the family laws of different countries represented in the rhone-alpes region, the second part demonstrates that, in these laws, the logic which surrounds the basis of the family, that is its formation and its effec is based on the confrontation of the customary laws with laws of occidental inspiration. The questions around polygamy dowry, customary unions or family relationships which raise the presence of africans in france, find their origin largel y in that confrontation. Through analysis of compared law of african and french systems and after establishing a kind of juridical geography from the countries where law is the nearest to french law to those which are the farthest, the third part considers the types of conflicts which come up and defines the applicability of french law conditions to the africans among which the adaptation and the reappropriation of the solution of african laws by french judges by french judges. Reing aware of the difficulties of a subject as much changing as complex the present work isn't exhaustive, it is more a contribution to the research of a question which concerns at the same time law conflicts and the problem of equality of everyone in front of the law
Joguet, Camille. "Les incidences du droit procédural sur le droit substantiel de la famille." Thesis, La Rochelle, 2020. http://www.theses.fr/2020LAROD004.
Full textIn the context of family law, a specific bond exists between substantive rule and procedural rule. The specificity of this bond leads to an overtaking of the function classically assigned to the substantive rule and the procedural rule. The contemporary family law seems indeed to have abandoned a part of its substantials rules. The procedural rule, traditionally presented as a serving rule, will become the witness, then the enabler of family law’s transformations, and the procedural norm will progressively take over fundamental reforms. Implications of the procedural rule on family law will then manifest itself in the form of the substance as much as the nature of this latter
Allain, Laurence. "Droit patrimonial de la famille et procédures collectives de paiement." Lille 2, 2003. http://www.theses.fr/2003LIL20016.
Full textThe french conception of heritage excludes the fact that an individual contractor may have a profesional heritage assignment. From the outset, in the case of collective procedures, all his rights including family ones would be taken into account to decide the outcome of the compagny. Family heritage rights and compagny rights in difficulty prove to have an indentity claim : the contractor's heritage. From the start, the application of both proceedings concerning a sole right may turn out to be conflictive. Having determined the extent of the creditor's pledge, a study is made of their rights to take out a lawsuit to adopt solutions diametrically opposed that the rights of compagnies in difficulty have stolidly applied. One would then propose re-organising the individual contractor's heritage starting with studying the concepts of power ans judicial universility, thus suggesting the bilateral re-establishement of réserved common rignts and recognition of regulation individual compagnies
Millard, Éric. "Famille et droit public : Recherches sur la construction d'un objet juridique." Lyon 3, 1994. http://www.theses.fr/1994LYO33017.
Full textThe family is, in terms of pubic law, a notion which acts as a sort of reference for a number of directly operational concepts but at the same time without there being a single and exact definition in substantive law or doctrine. The importance of this notion has nevertheless become suche. Notably through the constitutionally protected right to lead a normal family life and the various public-sector actions aimed at families. That one can no longer simply observe the presence of the notion in legal pronouncement and an attempt has to be made to develop a coherent description of the notion of the family. That is the intention of this thesis. This will require the application of methods of analysis that will alow us to get behind the manifest diversity that is the public law concept of the family, to attempt to discover its real contents. This will involve considering the origins of the constructed notion and the legal processes that have constructed the notion of the family, using a global analytical grid. This would show the state and the family as social phenomena with direct links of dependence and opposition. Public law would be seen as an instrument enabling the reconstruction of the social reality of these links, through the construction of the legal notion of the family. One can then show how, by means of this reconstruction, the state protects the only concept of the family that, through its forms and above all its functions
Desnoyer, Christine. "L'évolution de la sanction en droit de la famille." Lille 2, 2000. http://www.theses.fr/2000LIL20011.
Full textGaré, Thierry. "Les grands-parents dans le droit de la famille." Lyon 3, 1988. http://www.theses.fr/1988LYO23012.
Full textAt a time when the "size" of the families decrease, and the number of grand-parents increase. It was interesting to seeck the rights that family law gives to grandparents. The study of texts and jurisprudence show that grand-parents have still an important place in family law. The rights they are given are no longer justified by their authority on the family but both by child's interest and solidarity between generations. So, the rights they are given about the marriage or the filiation of their grand-children are obsolete. In the opposite, it's to be desired that law gives them other rights about adoption, for instance
Chamoulaud-Trapiers, Annie. "Les fruits et revenus en droit patrimonial de la famille." Limoges, 1997. http://www.theses.fr/1997LIMO0453.
Full textIn patrimontal family law, the fruits and incomes used to be considered as less important elements in the patrimony. They were intented to be used. Nowadays such a representation is out of date. Henceforth the fruits and incomes have been integrated fully into patrimony. The fact that their patrimonial consistency has been taken into account has already been witnessed with the analysis of the qualification of such property. This also manifests itself in the limits of presumed consumption which for years characterized their regime. Their patrimonial importance justifies that from now on they should be tightly linked to the person : they guarantee their independence. The legislator gives more and more control to the individual over their fruits and incomes. Thus the law of december 23rd 1985 has produced very liberating rules regarding the powers given to a married person on their incomes whether they want to spend or bind them. This movement is even more emphasized as regards earnings : this has progressed from the idea that earnings must be directly linked to the individual who has carried out his work. Today the law acknowledges that an individual should be allowed to claim substitutions for their incomes after devoting their energies - ether by a job or a non-professional but exceptional work - to the interests of their family
Fossier, Thierry. "Procédure et procédures à l'épreuve du droit de la famille." Lyon 3, 2001. http://www.theses.fr/2001LYO33005.
Full textFerkh, Hassan. "L'unicité de la notion de famille en droit musulman et sa pluralité en droit français." Lyon 3, 1994. http://www.theses.fr/1994LYO33006.
Full textIn an introductive chapter, we are studying the way how unicity and plurality are the results of a certain idea of law and a juridical philosophy, in both french and muslim laws respectively. We are explaining how unicity and plurality are somehow the consequence of the following elements: the openingor not- onto facts and new needs; the place that would be given to common law contribution, through the phenomenon of legislation or the elaboration of a juridical system; the relationship between law and religion or morals as well. But the duality appears more directly as the result of a mutation -or the lack of it- in both components of the family: conjugality and filiation. As for conjugality, we are showing that in french law, plurality is the result of a breaking up in marriage institution. In the lines of this breaking, not only institutional system or ideology or customs play their parts, but also mainly narrow structures of conjugality do. On the contrary, muslim marriage -traditionally provided with wide conjugality structures- has never been experiencying such an institutionalization state. As for filiation, since the beginning, both french and muslim-arabic societies have been gifted with different patterns of kinship: for the first one, cognatic pattern has been coexisting with monogamic conjugal family in great harmony, as for the second one, the patrilinear pattern has been favouring the wide family to the detriment of the conjugal group
Savi, Caroline. "Les concubinages en France et la famille de fait en Italie." Paris 10, 2003. http://www.theses.fr/2003PA100109.
Full textThis dissertation is a comparative study of concubinage in France and in Italy from a sociological and a legal point of view. The introduction gives some indications on the terminology of concubinage and ends with a brief history of concubinage. This work is divided into three parts. The first one is dedicated to the relationship of concubinage (the persons who are living in concubinage, the purposes at the origin of such a relationship. . . ). In the second one, the rights and the duties that the legislator and the jurisprudence recognize to the concubines in varions domains in the absence of a status of concubinage are exposed. Finally, in the last part, which deals with the recent evolution of the legislation, the Civil Pact of Solidarity in France (law n°99-994 of November 15th 1999) and the différent propositions of laws presented in Italy since 1987 as well as the various initiatives taken at the local level are analyzed
Rotgé, Laurent. "Le conjoint en droit pénal." Nice, 1999. http://www.theses.fr/1999NICE0052.
Full textCantin, Hélène. "Famille, mariage, concubinages : du sens de la distinction." Nantes, 2007. http://www.theses.fr/2007NANT4005.
Full textAs a result of a comparative analysis between marriage and cohabitation, whether it be informal or PACS‑regulated, one observes a variety of legal bases and settlements corresponding to two very different types of union. However, the study of contemporary family law shows that these distinctions tend to be blurred, in both essential aspects of the family definition. Marriage and cohabitation are increasingly assimilated and parental rights over children is placed on an equal footing regardless of the couple status. But the latter aspect, which just draws the logical consequences of mere filiation, does not involve the former. The evolution of the current positive law, provided by the weakening state of marriage and the legalization of cohabitation, calls into question the opposition between marriage as an official commitment, which is by nature restrictive, and cohabitation, based on the principle of liberty and in essence unpredictable. From this convergent evolution, there emerges a paradoxical reality: today, married couples are, by law, benefiting from more freedom and equality whereas cohabitants seem to be bound by such obligations as commitment and mutual support. The mixture of styles introduces great confusion into the French legislation on marriage. From the apparent assimilation of couples, it seems necessary to restore an essential distinction. In fact, there remains a difference in nature, and consequently the distinction has to preserve its meaning to avoid confusion. Only by restoring their specific basis to each of these modes can differences be maintained, which would legitimate the enforcement of a distinct legal treatment. Such a measure would help each individual make an enlightened choice, according to their own conception of what a couple should be and to the degree of commitment they are prepared to assume. Such a measure is precisely the legislator's responsibility
Camara, Eric. "Le droit de la famille en France et au Mali." Paris 2, 2004. http://www.theses.fr/2004PA020079.
Full textQin, Yueren. "Le droit de la famille : étude comparative des droits chinois et français." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020025/document.
Full textThe concept of “Family” as an integral unit of the society has evolved over the years due to several reasons. This changing and complex face of “family” has had many implications on the laws both in China and in France. Hence, we conduct a comparative study to analyze the system of family laws in both these countries. The various questions we address in order to deepen our understanding of family laws can be broadly classified into: the couple and the filiation. As for the couple, we address many questions related not only to the formation of the various modalities of the union but also about their dissolution. We find that the diverse articles on each union brought a system which is more complete in France than in China. With respect to filiation, we distinguish in particular between the filiation bound by blood and that bound by adoption. The ignorance of the mode of establishment of the filiation results in a big gap in the Chinese law. Besides, the basic question of how to adopt a child, the conditions to be respected and the procedures to be finished, the effects stemming from the adoption are also the questions we explore, compare and attempt to solve in this thesis. Besides the several principal points on the family law, we also try to compare and understand the different views/perspectives of these two countries by looking into some other related issues such as the maternity for others, the fictive marriages, etc., as well as how the two countries deal with such matters. Finally, we try to explain why the legal system differs in France and in China and discuss the directions for future research
Pomart-Nomdedeo, Cathy. "La magistrature familiale : vers une consécration légale du niveau visage de l'office du juge de la famille." Lille 2, 2002. http://www.theses.fr/2002LIL20006.
Full textThe Family Justice's story shows us an important transformation of the judge family's charge. More than his classical mission - an application of the rule of right in accordance with the judicial syllogism - he must make a ruling with the conflicts in the familial affairs according to extra-juridical considerations via an assessment of opportunity. The legislator, aware of the difficulties of an intervention by means of stricts rules in family law, uses variable content notions. He offers to the judge a delegation of powers. This is that new face of the judge's charge, who is now given a discretionnary ability, that we named the "magistrature familiale". After having wondered about the eventuality of a legal consecration of this evolution, we established the necessity of this consecration and the absence of obstacles to conduct to it. We just had then to determinate its details and precise the adjustments that our proposition made necessary
Raffaelli-Defradat, Valérie. "La famille naturelle : statut juridique des concubins." Lyon 3, 2000. http://www.theses.fr/2000LYO33019.
Full textGratadour, Hélène. "La Condition des aïeux en droit de la famille." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2004. http://tel.archives-ouvertes.fr/tel-00661024.
Full textSandras, Catherine. "L'intérêt de l'enfant dans le droit des personnes et de la famille." Paris 2, 2000. http://www.theses.fr/2000PA020127.
Full textVillet, Luc. "Les relations patrimoniales dans les familles recomposées." Nantes, 2001. http://www.theses.fr/2001NANT4002.
Full textThe patrimonial relations in the recomposed families are marked on a side by a certain mistrust, and on another side by a will of recognition which runs up against the substantive law. Mistrust in the partimonial relations, comes first of all from the influence from last on the family second. The dissolution of the former union indeed has patrimonial consequences of which it will be necessary to hold account in the organiszation of the inheritance of the new couple. The influence of the past, it is also the mistrust of the legislator with regard to this new partimonial organization, withthe installation of a protective mode for the children resulting from a first bed. But mistrust also comes from the precariousness of these patrimonial relations with, in a general way, the legal documents likely to reduce the rights of the children, and a special way, in the recomposed families resulting from a marriage or remariage, the risks related to a change of marriage settlement. However, beside this mistrust, almost traditionnal, a will of recognition of the patrimonial relations in the recomposed families continues today. This recognition passes initially by a greater freedom, than it acts of gratifier the childre,, including the children of the spouse or boyfriend, or than it is a question of creating a link of filiation with this last, by carrying out a true choice and not a choice dictated by tax considerations. But the recognition, it is as more equality in the recomposed families, and first of all more equality between the children, as it acts of the devolution of the goods at the time of the death of their author, or the distribution of the goods at the time of liberalities. It is then more equality between the recomposed families and the other famillies, by the recognition of the emotional relationship and the improvement of the existing legal rules, so that the patrimonial relations in the recomposed families can be fully expressed, without calculations nor artifices
El, Heit Salim. "La criminalité intrafamiliale : vers un droit pénal de la famille ?" Paris 8, 2008. http://www.theses.fr/2008PA082976.
Full textHistory as criminology are two disciplines which proved to be particularly precious as for the description of the phenomenon of intrafamiliale crime. The historical analysis allowed us to show what was the evolution of the family crimes of the ancient Penal code of 1810 in the new Penal code of 1992. (previously particular incriminations / nowadays aggravating circumstances). The criminologique analysis allowed to put in an obvious place so many complex fundamental mechanisms as of statistical data. In this respect, they can point out that the topic of family crimes, seems to be the poor parent of French criminology. It was also opportunity, for us, to wonder about family link and about necessity to keep a limitative comprehension or in the opposite enlarged by this last. It was necessary us, as one might say, to measure the expanse of the family. Our cogitation was enriched with comparative previous, what allowed between other one, to locate our repressive system nowadays in force, in comparison with those of our European neighbours. So, we treated subject in its wholeness, by means of a non-specialized and unpublished step. Speak about the criminal law, which is the most radical means of those whom the society stipulates that it is to protect or to punish, as regards the family can seem absurd. However, this research showed us that criminal law is concerned about the protection of the family, by trying to favour its assertion and its functioning. However, we pointed out in the cause of our developments of numerous disconnectedness and imperfections. They cannot stop themselves firms near criminal, the manque of clarity and its uncertainty in relation to same liens southward and it is to wish a standardization of resolutions. Finally, four functions of the criminal law of the family were raised. On one hand, protection and prevention of family middle. On the other hand, the strengthening of family unit but also moral improvement of the family. Diversification dysfunctions were then put in an obvious place : weight of the secret of families, flood of the normal mission of criminal law on the family sphere
Magane, Myriam. "La double nationalité franco-algérienne des enfants nés en France depuis le 1er janvier 1963 de deux parents algériens nés en Algérie, alors département français." Lyon 3, 2005. http://www.theses.fr/2005LYO3A001.
Full textMontagne, Camille. "Lien familial et droit pénal." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD010/document.
Full textStudying the family link from a criminal law perspective may seem paradoxical at first sight. Yet this is not the case since the confrontation between these two concepts is as ineluctable as is it necessary. The examination of the impacts of the family link on the repressive rules falls within a multidisciplinary approach and sheds light on two conceptions, whose limits are constantly changing. The purpose of this study is to analyse the current phenomenon of transformation in the criminal protection of families through observation and research; and to break down the principles governing it, so as to better grasp the situation and to give a new orientation towards future implementations. The study reveals the existence of an overall disinterest of the repressive field in the family link precisely where its consideration is a fundamental criterion in the construction and consistent implementation of criminal rules. The purpose of this research is to analyse the existing body of repressive laws and regulations currently in use as well as to establish an unprecedented classification of family offenses. The creation of a functional typology of family offenses in criminal law will make it possible to provide tailored legal tools to deal with this dilemma and to implement a specific criminal policy regarding the family. This endeavour challenges the very existence of the family link in criminal justice and demands not only that it be reintegrated into criminal law at the initial stage of classifying family offenses, but also that it be subsequently taken into consideration when dealing with these offenses
Voisin, Sandrine. "La médiation dans les conflits familiaux." Orléans, 2006. http://www.theses.fr/2006ORLE0004.
Full textThevenet, Doriane. "La notion juridique de famille entre droit civil et droit social : étude comparative des systèmes juridiques français et italien." Lille 2, 2006. http://www.theses.fr/2006LIL20024.
Full textThe subject of the thesis is the study of the legal concept of family facing the evolution of civil law and social right. On the basis of atraditional definition of the family in civil law, the research consists of highlighting the possible influences or interferences of the social right. The comparative study of the French right and the Italian right, countries coming from a same legal culture, offers a better comprehension of the evolution of the family in right. Indeed, the comparison, imposing a multi-field research, highlights the differences and the resemblances of the legislation studied, pointing out its history, its rules and its functions. The result is the conclusions of a chronological study which distinguishes two periods. The first one extends from the birth of the social legislation to the reform of the famility right. Starting on the basis of working right, which goal is the revival of family ties when at the same time the industrial revolution tends to separate its members, the study attempts to seek if the family enjoying this new working right, goes in the same direction as the civil right defined during this same period and the consequences which result from this. The second considered period shows how the family has been forgotten in contemporary society and where the right of the individual takes over that of the group
Escoffier, Catherine. "La vision pénale de la famille." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32042.
Full textStructural and functional analysis of the evolution of the conceiving of the family in the new penal code. The structural approach conflicts with some factors of ambivalence. A big place is given to the family by direct-line relationnship. The place of the extended family is limited : it is sometimes restricted to the only spouse. Penal laws followed the sociologic evolution. It favours the "effective" family but keeps its favour to the marriage, in spite of a restricted recognitioin of the common-law marriage. The vision of family functions is univocal. It expresses itself in disposals which sentence the deviant family and laud the protection function of family which must permit the blooming of individual. We attend a decline of a idea of domination within the family. The family relations organize themselves round the child. Penal law preserves the individual and favours the inter-relations family. It contributes to the institution of a private. Life space in the family context and insists on the assigned role on the will of each member of the family. It leaves a place to the family pardon. The effective family tie creates a simple presumptioin of mutual affection, hence some favours provided by the penal lawmaker
Cristini, Tuloup Elisabeth. "Le rôle du juge dans l'organisation patrimoniale de la famille." Nice, 1995. http://www.theses.fr/1995NICE0013.
Full textArnaudin, Cécile. "La notion de secret en droit des personnes et de la famille." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40038.
Full textRachel, Guy-Pierre. "La famille et la santé de la personne." Lyon 3, 1992. http://www.theses.fr/1992LYO33019.
Full textThe part the family circle has to play as far the protection of a diseased relative is concerned varies toa great extent. Society as a whole strongly encourages future parents to pay attention to the way they behave so that their children to be born do not run the risk to be physically or mentally handicapped. As carly as 1942, france enforced strong measures of sanitary protection. Relatively mild laws were enacted to protect the nation's welfare in this respect : for instance, french civil law prohibits marriage in some cases but in a very limited way. France devotes a great deal of energy to organize antenatal and postnatal prevention. The family circle has also a prominent part to play when the health of a diseased next of kin deteriorates either mentally or physically. On natural of legal grouds, one or several members of the family circle may acte on behalf of a diseased relative to have fim or her treated. Should this be necessary, family action is either based repore legal representation when the person who needs protection is legally incapable or possibly on guardian ship grounds when the capable member, as law has it, by reason of illness is also disables as a matter of fact
David, Marc. "Le certificat prénuptial : réflexions épistémologiques et plaidoyer pour un certificat juridique prénuptial." Lyon 3, 2002. http://www.theses.fr/2002LYO33004.
Full textGioanni, Pierre. "Le particularisme du droit pénal de la famille (étude des finalités de l'intervention pénale)." Nice, 1992. http://www.theses.fr/1992NICE0035.
Full textCadet, Fabien. "Les transformations méthodologiques de l'ordre public en droit international de la famille : étude comparée France/Espagne." Toulouse 1, 2001. http://www.theses.fr/2001TOU10088.
Full textOver the past twenty years ,courts of law have had to decide issues of international family law that can properly be described as a "clash between civilizations". Where litigation has an international dimension, two contradictory requirements fall to be reconciled : respect both for the foreign law involved and for the fundamental rights or national legislative policies contained in the "lex fori", under the protection of rules of exception (public policy, mandatory law and fraudulent evasion of applicable law). Case law has had to amend traditional rules of exception by resorting to objectivized criteria for bringing them into play. The present thesis compares the provisions of French and Spanish law, and attempts to identify and analyse the specific nature of such criteria, in particular with respect to a more traditional approach based on subjective rules of exception. Applying objectivized criteria meets two conditions : it introduces a hierarchic dimension into rules of exception and it justifies defining a much more proximate type of public policy
Sayn, Isabelle. "Les familles monoparentales : foyers monoparentaux, parents isolés, familles unilinéaires." Lyon 3, 1989. http://www.theses.fr/1989LYO33010.
Full textIf the one-parent families do not form a juridic category, newtheless they are apprehended by the law. The law takes them in consideration as a sociologic reality (the one-parent families in society) or through their children (the one-parent families children). The one-parent families are treated as a sociologic reality by social law (child in charge, isolated parent allowance, familial supporting allocation) or by fiscal law. They are apprehended through their children by civil law, that it is filiation of children of one-parent family or of the position of the children in the family (patronymic name and parental authority). To express in law a sociologic reality doesn't go without difficulty, and the expected results are not always reached. On the contrary, treating one-parents families through their children shows the flexigibility of a common law wich can adapt to factual situation, always multiple and changing
Vermote, Teddy. "L’unification des filiations." Pau, 2005. http://www.theses.fr/2005PAUU2005.
Full textUnification lies in framing a self whole while rubing out differences. From this point of view, the unification of filiations must, as well as guming distinctions, bring about a logic in the law of filiations. Unification is right now set forth. In fact, the order of July, 4th 2005 is widely written down in this way. Yet, the subject of this study will be to establish how much it's both to be desired and necessary to go further on, without, however, propounding a reducing and superficial unification. That for, the grounds, then the carrying out of the unification will be in turn looked into. At first sight, unification may seem difficult to implement, since the presumption of legitimacy is one of the great principles of the law of filiations. Moreover, there are still other briddles. Nevertheless, the revival of structural grounds of society and family allows to look to unification. Retirement of mariage is at stake for the benefit of the parental couple and the influence of biological truth. Besides, this revival is strengthened by the expansion of conceptual grounds. Equality and main position of affective, drift to put filiations together. The demonstration of the interest of unification, through its grounds, allows its achievement. This one passes, of necessity through a unification of the contentious implement of filiation, as well as a unification of its settlement out of court
Arnault, Alexandra. "La responsabilité civile dans les rapports de famille." Pau, 2008. http://www.theses.fr/2008PAUU2008.
Full textIf in the popular spirit the family relationships are synonimous of understanding and benevolence, they can also be synonymous of conflicts exposed on the legal scene by means of a civil liability lawsuit. The appreciation of the incidence of the family relationships on the civil liability implies not only to detect possible changes or distortions of the responsibility in the considered domain, but also to estimate these changes or these absences of changes. The passage of the civil liability in the considered field can be then valued to decide on an adaptation or on a maladjustment of the civil liability in the family relationships. Confronted with the patrimonial aspects of the family links, the rules of the civil liability modulate in a satisfactory way by protecting management’s rules of the family patrimony and the individual nature of the responsibility despite the existence of a unified patrimony so that this rules are particularly adapted to these patrimonial aspects. But, the adaptation is invalidated when the civil liability is considered by the prism of the personal aspects of the family relationships. The appeal to the common law of the civil liability to regulate the extrapatrimonial relations within the family can weaken the idea of a specificity of the responsibility in the family reports. But this situation must be deplored when it leads to unsatisfactory solutions and conflicts between the rules of the civil liability and those of family law, knowing that the existence of specific texts can’t be perceived as a remedy
Murat, Pierre. "L'autonomie de la volonté et le pouvoir du juge dans la formation des liens de la famille." Lyon 3, 1991. http://www.theses.fr/1991LYO33010.
Full textJacob, Robert. "Les époux, le seigneur et la cité : coutume et pratiques matrimoniales des bourgeois et paysans de France du Nord au Moyen âge /." Bruxelles : Facultés universitaires Saint-Louis, 1990. http://catalogue.bnf.fr/ark:/12148/cb35455351q.
Full textDumontet, David. "La considération de la famille dans le droit international privé français d'aujourd'hui." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40031.
Full textCadet, Fabien. "L' ordre public en droit international de la famille : étude comparée France-Espagne /." Paris [u.a.] : l'Harmattan, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494292377.pdf.
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