Dissertations / Theses on the topic 'Droit des régimes matrimoniaux'
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Piquet, Sabine. "Cautionnement et droit des régimes matrimoniaux." Montpellier 1, 1995. http://www.theses.fr/1995MON10024.
Full textIf the law of bail and the law of matrimonials forms are involved with different imperatives, their necessary combination results in a double protection, the married couple's protection against creditor and one spouse's protection against her husband or his wife. Different cures can be considered for dangers of bail during contract's formation or after. One spouse's protection against the other one has only imperfectly been realised by the 23th of 1985's december statute for legals' forms. Others arrangements can be formed
Trescases, Anne. "Assurances et droit des régimes matrimoniaux." Montpellier 1, 2005. http://www.theses.fr/2005MON10057.
Full textRubellin, Pascal. "Régimes matrimoniaux et procédures collectives." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30006.
Full textI. The powers of the spouse in bonis. - matrimonial property law requires the consent of both spouses for certain serious acts. It is important to determine the extent of loss of power of the debtor in order to ascertain with whom the other spouse shares the management of the property ; the spouse in bonis retains powers of management of communal property which are assets in the legal proceedings. Article 1421 (2) of the civil code confers on the managing spouse a monopoly of acts necessary tor professional life but withdraws these powers from the debtor spouse. However certain acts affect the private patrimoine and are necessary to safeguard the business and the livelihood of the debtor, depriving the spouse in bonis of certain powers. Ii. The debts of debtor and of spouse in bonis. - the court of cassation appears to require the creditors of the spouse in bonis to declare their claims, and to submit to proceedings concerning the spouse-debtor. In the bankruptcy proceedings communal property will be liquidated, and the creditors will seize personal property. At the end of the procedure the spouse in bonis retains his liabilities, but communal property has been liquidated. The law of collective procedures no longer plays a subsidiary role in the social life of the married couple, unless they have changed to a regime of separate property. The legal treatment of the debts of a spouse married under a regime of community of property merits reconsideration. The law of 25 january 1985 should be amended in order to permit the spouse in bonis to be joined in the procedure against the debtor. This study underlines the lack of consistency between community of property in family law and business law, and is not a critique of the law of collective procedures
GUIVIER, MICHAELE. "Recherches sur la mutation du droit des regimes matrimoniaux." Nantes, 1999. http://www.theses.fr/1999NANT4001.
Full textThe reform dated july 13, 1965 deeply altered the law governing matrimonial forms. Formely conceived on a hierarchical and prohibitory manner, the matrimonial regulation is being liberalised. The successive reforms have indeed greatly increased the share of the independency of one's will. They also payed particular attention to the establishment of a matrimonial regulation on equal terms sanctioned in the law dated december 23, 1985. Matrimony has thus become an exclusive commitment betwen two individuals. Contracts between the married couples were prohibited under the napoleon law when they were not revocable but they gradually became general at the risk of carrying a diversification in the types of liberalities betwen married couples. The classic mandatory matrimonial law was compelled to compromise with the contractual liberty and was thus greatly weakened. The federating principle of the immutability of the matrimonial form seems to be questionned for the benefit of a matrimonial mutability defended by the agreement of the hague. In these circumstances, another reading of the matrimonial regulation must be undertaken, this regulation being endowed with more appropriate structures regarding the new function of patrimonial public order. From that time, the saving interests are individual interests of the married couples as well as joint interests of the whole family. It was thus needed to ease the action on the underlying principles. The proceedings of confirmation was then sometimes preferred to the regressive invalidity. The matrimonial public order must now pay particular attention to solve the beginning facing between the newly independant and equal married couples' want for liberty and the limits-due to the solidarity of any community of life. New underlying principles forced themselves out and some show the institutional character of matrimony in that they take into account the protection of the family's joint interest
Castagnaro-Genin, Angéla. "Les régimes matrimoniaux en droit français et en droit italien." Paris 2, 2002. http://www.theses.fr/2002PA020063.
Full textChabot, Gérard. "Des distorsions entre droit civil et droit fiscal en droit successoral." Nantes, 1997. http://www.theses.fr/1997NANT4012.
Full textConsidering the inheritance, the study brings to light "distortions" between "civil law" and tax law. First, we proceeded to the identification (part 1) of these conflicts, in a comprehensive study of the inheritance. All the rules governing the taxation of the inheritance, the gifts and legacies were explained. Special contracts were studied : life assurance, tontine. . . Afterwards, we studied the application (part 2) of the distortions. "distortion" aims at making a stand against tax-evasion. Nevertheless, tax law also incite to anticipate the consequences of the inheritance
Bui, Minh Hong. "Les régimes matrimoniaux, étude de droit comparé français et vietnamien." Rennes 1, 2012. http://www.theses.fr/2012REN1G029.
Full textMatrimonial regime, under French law and Vietnamese law, is a very important part of the family law. It regulates the financial reports of spouses and protects the legitimate interests of each member of the family as well as the third party members. Both French and Vietnamese laws adopt community property as matrimonial law. This similarity between the two systems of law reflects a cultural analogy between the two countries. However, many differences can also be found between them. Vietnamese law maintains the legal regime as the only matrimonial regime applicable to all married couples. In contrast, French law establishes the diversity of matrimonial regimes. On the one hand, it establishes the principle of freedom of the marriage contract between the spouses that allows them to maintain a private property, the legal regime applies only to spouses who do not have marriage contract. On the other hand, it establishes the basic regime regulating primary conditions for the household maintenance and the education of children for which the rules are applied to all spouses, regardless of their matrimonial regime. The study and comparison of matrimonial regime under French and Vietnamese law shows the similarities and differences between the two systems, as well as the strengths and weaknesses of each of them. More importantly, this study establishes fundamental proposals for law reform in Vietnam in the direction of recognizing of the diversity of matrimonial regimes
Niboyet, Frédérique. "L'ordre public matrimonial." Paris 10, 2006. http://www.theses.fr/2006PA100128.
Full textPublic policy in the law of marriage is subject to the changing face of marriage. The Civil Code 1804 institutionalised its application; the 1970’s marked the first change through the liberalisation and contractualisation of the marriage relationship; and at the beginning of the 21st century a second sea change is apparent with the removal of existing burdens on individuals. At the same time, marriage is being challenged by civil partnerships and the increase in cohabitation. Public policy in matrimonial law has not disappeared but has evolved to reflect the changes in society. It enshrines equality between the spouses and is centred on the rights of the individual. Amidst growing claims of an individual’s ‘right to. . ’ concern for the protection of the conjugal couple has diminished. This comparative study aims to reveal a renewed approach to the question of public policy in the law of marriage
Houlgard, Alice. "La notion de régime matrimonial." Toulouse 1, 2008. http://www.theses.fr/2008TOU10077.
Full textCharpentier, Pierre-Yves. "L'autonomie professionnelle des époux communs en biens : étude comparative, historique et critique." Paris 2, 1997. http://www.theses.fr/1997PA020003.
Full textCrovetto-Chastanet, Alexis. "Le règlement des problèmes patrimoniaux entre époux dans la convention définitive." Nice, 1990. http://www.theses.fr/1998NICE0042.
Full textThe divorce at request spouses, is a no-fault divorce allowing couples to settle patrimonial matters in a convention submitted to a judge's approbation. This convention usually contains dispositions concerning marriage settlements and alimonies. Once approved by the judge, the divorce is pronounced and the convention can hardly be revised
Mouligner, Nadège. "Le bail des époux." Limoges, 2003. http://aurore.unilim.fr/theses/nxfile/default/e7e36dd0-2f53-418a-a6d7-b49155d41277/blobholder:0/2003LIMO0496.pdf.
Full textThe lease remains nowadays one of the most common contracts and the majority of lessees and lessors are married people. Could we thus consider that conjugal leases show specific features? Even though the dispersal and the abundance of texts do not facilitate this analysis, we may think so. If matrimonial law bends letting, tenant law influences the basic rules of marriage settlements as well. This double influence is illustrated by what we will name matrimonialisation and patrimonialisation of conjugal leases. Matrimonialisation of conjugal leases consists in granting rights on letting to the lessee's spouse or to that of the lessor despite the basic rules of contracts and more precisely despite the relatire effect of contracts. Patrimonialisation of conjugal leases expresses the reorientation of matrimonial rules faced with the evolutions of tenant law. If the system bears some deficiencies we have to specify in order to erase, the specificity of conjugal leases is nevertheless a reality
Casey, Jérôme. "Les sûretés et la famille." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40026.
Full textMbouck-Dongmo, Agnès Judith. "L'étude de la situation du conjoint du débiteur dans les procédures de règlement du passif : réforme du régime matrimonial légal à la lueur d'éléments tirés du droit américain." Lyon 3, 2002. http://www.theses.fr/2002LYO33028.
Full textNaudin, Estelle. "Les valeurs mobilières en droit patrimonial de la famille." Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30016.
Full textThe evolution of the management of financial assets, a consequence of their increasing diversity and dematerialization, makes essential the adaptation of the iinheritance law to the specificities of financial investments. Besides, financial assets may confer powers within a company which imply a conciliation of the corporate law with the shareholder's personal situation. Ln other respects, the assignment of assets to simple investment strategies leads to the adoption of a value approach of these goods, which is more adapted to the dynamic management of such goods. On the basis of fungibility rather than consumptibility of the assets constituting the portfolio, jurisprudence has qualified it as universal de facto. This standpoint proceeds from an economic realism that allows an extension of the management prerogatives of the financial assets that are under the owner's control. Ln spite of the arbitrages carried out within the portfolio, the durability of its ownership is thus guaranteed
Lesbats, Christophe. "Les accords de volontes entre epoux dans le divorce." Nantes, 1999. http://www.theses.fr/1999NANT4002.
Full textThe main innovation of the law of july llth 1975 was to establish divorce by agreement between spouses and to insist upon the taking into consideration of the wish of both spouses to divorce. However, this agreement between the parties must coexist with a judicial element, since the divorce is always pronounced by a judgement. The contrast between the general theory of agreement and the theory of judgement merits study in the light of statutes and case law over the last 20 years. The interest of this study is thus to describe the various agreements between the spouses to the divorce and to specify their nature. This description varies from one divorce case to another. In cases of divorce by agreement, the principale as well as the consequences of divorce stem from an agreement between the spouses which will be monitored by the judge. This agreement is therefore formalised by the judgement. In cases of contested divorces, some agreements are bound by the general theory of agreement and others must be ratified in the forme of a judgement. In order to remedy this difficulty, proposals for a reform will be introduced with a view to reconciling the relationship between the intentions of both spouses and the divorce judgement
Collard-Trisson, Patricia. "L'influence du lien matrimonial sur la propriete personnelle." Reims, 1999. http://www.theses.fr/1999REIMD007.
Full textBy the effect of marriage only, the married couple's prerogatives of ownership are changed by some measures, principally due to the + regime primaire imperatif ;. A closer look to the foundation of theses restrictions reveal that their implicit or explicit objective is to protect an individual or collective interest. Well, these interests have the families' interest in common. The ownership restrictions in matrimonial right are founded on the families' interest. As it is easy to demonstrate that these measures are provided with a technique guaranteeing their objectives, we can conclude that affectation techniques in matrimonial right exist. But, the matrimonial right has its own coherence. The affectation techniques are justified by the existence of a general affectation of goods to the families' interest. The principle of the affectation of goods to the families' interest deserves being subscribed in positive right, for the loyalty towards the suitors and the simplification of positive right. In this way, the families' interest would be the only criterion for judicial intervention on the spouses' goods
Mameli, Christine. "Le droit d'auteur dans le droit patrimonial de la famille : proposition pour une pleine prise en compte du caractère personnel du droit d'auteur." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32060.
Full textThe existence of the "droit d’auteur" within the group of family property rights implies the existence of two rights that are in fact polar opposites. The difficulties arising may sometimes be solved by specific rules of literary and artistic law, which are more adapted to the personal nature of “droit d’auteur”, but in many cases the ordinary rules of property law are applied. We can only deplore the fragmented character of a solution in which this personal characteristic is sometimes taken into account, sometimes ignored, depending upon the particular circumstances. To restore coherence to the “droit d’auteur”, we do not propose to eliminate these rules which depart from traditional law, but to expand them in order to produce a complete and coherent system
Rousseau, Élisabeth. "Mutabilité et cohérence du régime matrimonial." Paris 2, 2007. http://www.theses.fr/2007PA020033.
Full textBollon, Nicolas. "Étude critique de la notion de patrimoine en droit des régimes matrimoniaux et des successions." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_bollon_n.pdf.
Full textThe study of the law of the matrimonial systems and the successions questions the rule of the unity of the heritage. The analysis of the substantive law reveals numerous breaches in this rule, breaches which lead all to autonomous patrimonial masses. The questioning of the rule of the unity is not new. The necessary renovation of the theory of the heritage passes by a redefining of the thesis of the "patrimoine d'affectation". It is not a question of rejecting the person outside the field of the patrimonial construction, but of restoring to her a just place and of basing the patrimonial autonomy on the affectation of the possessions. The association of the asset and the liabilities cannot constitute that the consequence of the affectation and not the criterion of the heritage. However, the affectation remains a purely subjective notion which it is necessary to move closer to the right of property. So, all the times as the affectation finds a support in the right objective of property, it is the source of an autonomous patrimonial mass. However this new approach of the theory of the heritage does not agree when we have to deal with a heritage on which several persons can claim to exercise the same privileges; what is the case of the common possessions under the legal system or the undivided possessions of a succession. It is the reason for which this theory of the affectation patrimonies also crosses by a redefining of the notion of collective property which arnounts to a pure competition of identical rights on the same good
Centene, Raymond. "Le droit patrimonial de la famille dans la Principauté d'Andorre." Perpignan, 1987. http://www.theses.fr/1987PERP0027.
Full textThe Andorran families organise their patrimonial relations freely in complex deeds : the "capitols matrimonials" which establish the matrimonial system and organise the successional devolution. One concern prevails in this organisation : the maintenance of the integrity of the patrimony in the interest of the family. Consequently, can the family be considered as a juridical body, as a legal entity ?
Brun, Anne-Sophie. "Contribution à la découverte d'un droit commun patrimonial du couple." Grenoble 2, 2003. http://www.theses.fr/2003GRE21017.
Full textSerandour, Yolande. "Mariage et fiscalité." Rennes 1, 1988. http://www.theses.fr/1988REN11016.
Full textCrepy, Victoire. "Les créations littéraires et artistiques et la communauté entre époux." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3024.
Full textEven the nature of these rights is opposed, since copyright is highly individualistic and personal as the law of matrimonial property regimes is community and voluntary. The compatibility of these rights may therefore be difficult as their characteristics and object are opposed. The confrontation of copyright matrimonial regimes raises two major issues. A question of qualification of all, it is to determine what is the status of intellectual creations and their support within the matrimonial relationship. They are personal to the couple who gave birth to them or are they on the contrary, to comply with thecommunity spirit of most matrimonial property ? A management issue, then ; it comes to determine the respective powers union. The purpose of this study is to demonstrate the potential richness of a relationship of copyright law of matrimonial property regimes, taking into account recent developments in our law. While issues related to the fate of copyright law on matrimonial property regimes are not new, they are still relevant. The difficulty lies in reconciling two conflicting considerations : firstly, the community-based assets ; secondly, the personal nature of the work of the mind that is not "a product like any other." Finally, our study seems to present two rights, copyright and the law of matrimonial property regimes, are total opposites. While the former is a mixed law, including both economic prerogatives and extrapatrimonial, the second only regulates the treatment of assets and property rights
Lucet, Frédéric. "Des rapports entre régime matrimonial et libéralités entre époux." Paris 2, 1987. http://www.theses.fr/1987PA020076.
Full textThe liberalities between husband and wife cannot be formed outside of the matrimonial rules. Some donation processes are extraneous to the matrimonial regime, but others use one of its rules to procure a profit. From, a practical point of view, it is then difficult to differenciate these donations between spouses from the matrimonial regime. Law and jurisprudence do not stage clearly the notion of matrimonial advantage which procures an enrichment to one of the spouses. This matrimonial advantage is,in fact, subordinated to a very special state of rules, different from the regulations applicable to donations. The juridical theory allows to assert that it is neither a gratuitous nor an onerous profit
Rebibou, Philippe David. "Le cautionnement consenti par une personne mariée." Nice, 1996. http://www.theses.fr/1996NICE0022.
Full textAgresti, Jean-Philippe. "Les régimes matrimoniaux en Provence à la fin de l'ancien régime : contribution à l'étude du droit et de la pratique notariale en pays de droit écrit." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32026.
Full textBefore the enactment of the french Civil Code which instored a legal united property of marriage, there were in Provence marital agreements. No researches were made on it for the 18th century. Confronted archives show that Provence had a complete and unique system of rules which had the same function as other legal systems founded on inner customs. The provençal marital agreements form an efficient system based on a de facto separation of estates, copied on a triumphal roman model. The dotal agreement is favored by jurisconsults as the wright model. Jurisconsults and notaries use dowry system and separation of estates with talent and good sense. Provence shows a very common practise of marital agreement which corresponds to the rules applied by jurisconsults. There are very few examples of united property in marriage. Nevertheless, at this time, the marital agreement is no more a familial charter but is already centered on dotal apport
Roméo, Michèle. "Les époux et le droit des entreprises en difficulté : Thèse de Doctorat en Droit." Nice, 2002. http://www.theses.fr/2002NICE0001.
Full textThe study of married couples in the context of the law governing businesses in difficulty covers several fields of law. Civil law stands on one side, notably with the respective laws concerning matrimonial settlements, guarantors and joint ownership, and standing on the other side is the law governing companies in difficulty. The various provisions favour different interests : those of the spouses, and those of the creditors. The confrontation of these rules is a source of problems. After examining the case law and the doctrine, it is clear that the texts are compatible. No single system of rules has priority over another. Consequently, spouses and creditors both have legal means available to them to protect their interests
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
Serra, Guillaume. "Enrichissement injuste et rééquilibrages patrimoniaux au sein des couples désunis." Lille 2, 2003. http://www.theses.fr/2003LIL20028.
Full textWhen reviewing a financial settlement for a couple, one notices that the law does not allow unjust enrichment. Thus, the purpose of financial balancing is to achieve an equility between couple members. This review aims at comparing the balancing process to what the rule is under law (de jure lata) and to what the rule should be (de jure ferenda). Indeed, pursuing a coherent policy requires one to consider an hierarchy among various form of couples. To do otherwise, by strict application of a hard rule of law, would create devastating effects. The nature of the couples' relationship and commitment must determine the degree of balancing, because each person's legal and financial rights are directly related to their respective obligations. This concept leads to the gradation of effects between marriage, registered partnerships and cohabitation. It is the enforcement of what the French refer to as " Pas de droit sans devoir " (No right without duty). This is the personal and original vision that my thesis offers
Lemonnier-Lesage, Virginie. "Le statut de la femme mariee dans la normandie coutumiere : droit et pratiques." Rouen, 2000. http://www.theses.fr/2000ROUEL382.
Full textBoysson, Benoît de. "Mariage et conjugalité : essai sur la singularité matrimoniale." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_deboysson_b.pdf.
Full textFrench conjugal law is undergoing profound changes and the singularity of marriage is gradually veiled. Rise of freedom, promotion of equality as well as redistribution of wills in family law (change of public order, affirmation of the autonomy of the will, development of the judge’s role) led to the legal emergence of common-law marriage and facilitated the PACS’ “matrimonialisation”. Last civilian reforms go even further, since they tend to consider the couple as a unique reference, regardless of its form. While many difficulties prevent the French legislator from creating a common status for couples, we cannot accept that such a status be implicitly used to provide similar effects to three distinct legal concepts. Differentiation is a legal requirement. Despite the partial transposition of the marital protection to the other kind of unions, marriage remains singular. It still has a particular nature (a solemn act-condition), a vocation for life, an ambitious conjugal object (common life supported by an extensive system of duties), and a real family impact (links with reproduction, parentage, parental authority and legal protection of family). Civil marriage concept is also underpinned by a unity principle, which leads to the rejection of "gay marriage" as long as it will be maintained. The invocation of a neutrality principle does not allow the legislator to withdraw from conjugal law by letting it develop erratically. This situation cannot persist: it is imperative that legal consistency be maintained i. E. A correspondence between the types of commitments and their effects. Moreover, the uniqueness of marriage and its legal benefits for spouses, children and family, may justify that this status be encouraged
Nyangui, N'Na Santia Mariel. "Le droit gabonais de la famille entre tradition et modernité." Perpignan, 2014. http://www.theses.fr/2014PERP1163.
Full textMezen, Chantal. "Les contrats de famille." Antilles-Guyane, 2008. http://www.theses.fr/2008AGUY0242.
Full textFamily contracts, are in fact a meeting between the family and binding contracts which are not only the pillars of the law as analysed by the attorney CARBONNIER, but actually one between an actor and a means. The actor is the family, an entity that is void of a legal body and possesses a great diversity in its members and pursues interests and aspirations which are its own. The means is the contract, the tool of justice that the family uses in order to accomplish their dreams of freedom and fulfillment. Whatever opinion one might have about the evolution of the modem family, one thing that is certain is that the meeting between contract and family brings to light several major difficulties. On the one hand, the overlapping of bonds: the family bonds and the bonds of the contract. On the other hand, the accumulation of statuses : the status given by the contract and the status given as a spouse or as a parent. In one case and the other, the end result is an inevitable warping of the rules that are applicable. Moreover, this meeting has highlighted the notion of familial behavior which overlaps the behavior that is expected by said contract. Family contracts, be the y in the family or by the family, are contacts under which it is legitimate to expect the parties to continue to behave as a family at aIl stages and for the duration of the contract
Cadet, Frédérique. "Les biens professionnels des époux." La Réunion, 2001. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/01_25_Cadet.pdf.
Full textKarimzadeh, Meibodi Golnaz. "La subrogation réelle en droit patrimonial de la famille." Electronic Thesis or Diss., Strasbourg, 2021. http://www.theses.fr/2021STRAA006.
Full textFrench law recognizes two types of subrogation : personal subrogation and real subrogation. Although it has been the subject of significant works, the real subrogation remains much less well known than personal subrogation. The patrimonial family law is the main field of the real subrogation. It is, in fact, provided by many special texts of the civil Code in various institutions of patrimonial family law, and accepted by the extensive case law of the Supreme Court. Though it lacks a general theory because of the extreme diversity of its applications as well as the limits imposed by its classical conception resulting from Roman law. However, the theory of value allocation, which appeared at the end of the 19th century, widened its field of application and thus released it from the narrow framework set by the civil Code. This theory recognized the real subrogation as a true legal reality capable of being understood under a uniform concept which is subjected to a coherent legal regime
Litaudon, Claire. "Les techniques de représentation en droit patrimonial de la famille." Montpellier 1, 2009. http://www.theses.fr/2009MON10029.
Full textCourtine, Claire. "Essai d'une théorie de l'obligation à la dette dans le cadre du mariage." Lyon 3, 1987. http://www.theses.fr/1987LYO33021.
Full textIn 1985, a french statute has been eliminating the remaining vestiges of inequalities between husband and wife. Yet, the matrimonial status remains imperfect as to the independance of spouses, especially concerning the creditors' rights to seize their property. The idea is to promove the recognizance of the family body corporate and to improve equality and independance between spouses, the whole mechanism could be founded on two single articles of the french civil code: art. 220, making husband and wife jointly liable for family debts; and art. 2092, making anyone liable on one's own debts
Blessy, Jean-Chrysostome. "Le principe du divorce objectif étudié dans ses rapports avec la faute en Droit français et allemand comparé." Nice, 1989. http://www.theses.fr/1989NICE0004.
Full textAntonini-Cochin, Laetitia. "La situation du conjoint d'un débiteur soumis à une procédure collective." Nice, 1999. http://www.theses.fr/1999NICE0038.
Full textYildirim, Gulsen. "L'autonomie financiere dans la communaute de vie." Limoges, 2000. http://www.theses.fr/2000LIMO0475.
Full textNguyen, Thi My Hanh. "Le statut patrimonial du chef d'entreprise individuelle marié sous un régime de communauté en droit comparé vietnamo-français." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3025.
Full textThe exercise of a profession in an individual capacity allows the entrepreneur to enjoy a great freedom of management, but he must incur unlimited liability on all of his property. In case of marriage under a community regime, the common property of the spouses is likely to be seized by the professional creditors. This finding is affirmed by both legislators Vietnamese and French. Also, the question of protecting the personal patrimony of the individual entrepreneur and that of his family is the main concern of our study. Is the community regime an ideal matrimonial regime for the individual entrepreneur? If not, which measures can he put in place to protect his patrimony? It is this problem that our study "the patrimonial status of the individual entrepreneur married under community regime in Vietnamese-French comparative law" will attempt to provide answers. The comparative study is limited to the case of the individual entrepreneur at the civil level by demonstrating the convergences and divergences as well as the strengths and weaknesses of both laws, thus allowing us to identify perspectives for both legal systems. Our study concerns, on the one hand, the incompatibility of the community regime with the exercise of a profession of the individual entrepreneur with or without the participation of his spouse without ignoring the legitimate rights and interests of the professional creditors; on the other hand, the analysis of the various measures of protecting the patrimony of the individual entrepreneur in both matrimonial regime law and business law
Yildirim, Gulsen. "L'autonomie financière dans la communauté de vie." Limoges, 2000. http://www.theses.fr/2000LIMOA001.
Full textBenquet, Stéphane. "Le notaire et la succession du conjoint ou du partenaire en droit international privé." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10046.
Full textThe notarial profession traditionally turned to the right of people, is a privileged witness of family developments. These developments are characterized in particular by greater geographic mobility of individuals. This mobility creates conflict of laws especially in matrimonial matters, partnership or estate, and the notary will often be the first facing these difficulties and will have to resolve them.On the subject at hand, the main question is that of determining the law applicable to the succession, but many others result. Thus, sharing the couple's property will not be properly without either previously determined the law applicable to their matrimonial property regime or partnership. Also, what will happen to the effect of foreign donations of things to come between spouses granted in France, France inheritance consequences of partnerships abroad, the effectiveness of International wills, application abroad the principle of heir ship, etc. ...? These are questions that the notary must provide answers. For this it will have to implement the rules of international law from internal sources as well as conventional, not to forget the impact of European law
Arej-Saade, Nadim. "L'autonomie de la volonté et ses limites en droit patrimonial de la famille : analyse de droit comparé franco-libanais." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30037/document.
Full textAutonomy of the will – French-Lebanese comparative law – Autonomy of the will in the patrimonial family law – Autonomy of the will's reach – French patrimonial family law – Lebanese patrimonial family law – Donations in Lebanese law – Donations in French law – Estate law – French estate law – Lebanese estate law – estate law for the non-Muslims in Lebanon – estate law for Muslims in Lebanon – Matrimonial regimes law – French matrimonial regimes law – Lebanese matrimonial regimes law – Change of matrimonial regimes – Marriage – Marriage in France – PACS – Concubinage – Marriage in Lebanon – Religious marriage in Lebanon – Civil marriage in Lebanon – Lebanese personal status – the limits of the autonomy of the will – French estate public order – French matrimonial public order – Lebanese estate public order – Lebanese matrimonial public order – Inheritance reserved portion in French law – Inheritance reserved portion in Lebanese law – Prohibition of pacts on future succession in French law - Prohibition of pacts on future succession in Lebanese law – Gradual end residual donations – Banking secrecy in Lebanon – TRUST – Disguise – Life-insurance – Matrimonial benefits – Irrevocable mandate in Lebanese law – Posthumous mandate – Civil real estate company
Despinos, Kiria. "L'autonomie professionnelle à l'épreuve de la vie en couple : étude du droit haïtien à la lumière du droit français." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND014.
Full textComparative study of professional autonomy in the married couple in French law and Haitian law. Autonomy, then devoted unknown in Haitian law, is an example of an ambiguous integration of French law in family law in Haiti. In addition, professional autonomy appears to be a "custom", which justifies a review of the issue in a legal renewed
Béguin, Céline. "Les contrats d'assurance sur la vie et le droit patrimonial de la famille." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020087.
Full textProhibited two centuries ago, life insurance is now the mainstay of the Frencheconomy. At the crossroad of several legal areas, the study of life insuranceshould consider both the policy holder’s and the beneficiary’s families. Despite the fact that the French Insurance Code ignores, more often than not, familyrelationships, the legal rules applied to couples, heirs and creditors areinterfering with insurance law. So too do tax law and legal incapacities.Nowadays, life insurance plays a key-role in assets management and estateplanning. Several types of contracts are in use. New types of contracts, suchas universal life, annuities and unit-linked insurance plan, are savings vehicles.This evolution has completely renewed the life insurance market. Twocategories emerge among Life-based contracts. First, there are protection policies, which are designed to provide a benefit at the insured's death, such as term life and permanent life insurance. Investment policies are the second type. Their main objective is to facilitate the growth of a capital by paying single or flexible premiums ; they are the core activity of insurers. This study aims to assess the impact of this diverse range of contracts on family law. Articles L. 132-12 to 17 of the Insurance code were originally enacted to regulate term and permanent life insurance. It is a contradiction in terms to apply these provisions to the new types of contracts, which are pure savings vehicles. It was necessary to critically analyse how the Civil Code fills in the gaps left by the Insurance Code. Suggestions are made to adjust the legal regime to the wide diversity of life insurance contracts
Tani, Alex. "L'ordre public et la droit patrimonial de la famille : contribution à la distinction entre l'ordre public et l'impérativité en droit privé français." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10043.
Full textUnlike a strongly held belief, there exists no public order inherent in family property law. Public order is a significant legal concept which should not be overused by confusing it with other limits of contractual freedom : accepted standards of behaviour, fundamental rights and, especially, imperative laws. If all public order laws are imperative, reciprocity cannot be verified : all imperative laws are not necessarily public order laws. Though it is always evasive when attempting to find out a definition, public order is inherently related to safeguarding the general interest. Accordingly, it is forbidden to give it up by anticipation and infringing it is strongly punished. Through its legal proceedings, the public prosecution is acting to prosecute any breach of public order and the judge holds the power – and further the duty – to institute ex-officio such legal proceedings. In absence of such traditional features (which are so many elements of definition), it becomes rash to retain the presence of a public order ; unless taking the risk of diverting the concept by twisting it and cancelling its distinctive landmarks. As none of such features is identified in family property law, the idea upon which a "patrimonial public order" (sometimes referred to as "matrimonial" or "succession-related") would exist, deserves to be rejected. In this respect, rules peremptorily asserted are simply imperative rules, which are not involved in any whatsoever public order implementation. Distinction between public order and imperative laws is not only theoretical, nor even semantic : it further (and especially) entails significant practical consequences. In doing so, defended thesis helps reviving the latest developments being observed in family property law (contractualisation, diversion, subjectivization, "fundamentalisation"...), while allowing to better understand shifts affecting society and family. In more general terms, it helps reconsidering relations between contractual freedom and the rule of law, by showing that there may exist, in civil law, rules which – though being imperative – do not result from the achievement of a public order
Ruffieux, Gaëlle. "Les sanctions des obligations familiales." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND015.
Full textIn recent years, the body of penalties related to family law has known huge developments. At first sight, these developments give a taste of disorder: decline of penalties when breach of marriage duties, renewal of penalties against wife-beating, restoration of the removal of family allowances, discussion on the criminal responsibility of parents to their children, etc. Punishment, understood here as any legal consequences attached to the violation of a family obligation, is no exception to the observed global legislative inflation. Nevertheless, in recent decades, the law of sanctions has known specific changes in the family area. Composed of a wide variety of mechanisms, both under the civil law or criminal law right to assistance and social action, family law sanctions seek to punish sometimes, sometimes to repair, sometimes forcing and, increasingly, to support or dissuade. The thesis offers a reading of obligations and public family through the prism of sanctions and punishments. It aims at focusing on the relevance of specific sanctions, defined as the capability to achieve family policy and the feasibility of sanctions from the point of view of legal technique. Is it possible to develop a general theory of punishment in the field of family law? Can we identify guiding principles that inform recent developments of sanctions in Family Law? More specifically, in a context where individuals increasingly challenging the intrusion of the state in the private sphere, and where constant attention is required to guaranty legitimacy, is there still a place for punishment? Which particular duties are still consistent with the dominant individualism and which are obsolete? The thesis is based on an observation: a divide between two opposing tendencies. This divergence leads to understanding and ordering the current historical developments. The systematic exploration of sanctions family obligations makes it possible to discover an increasing gap in family laws between on the one side an horizontal body of laws relating to the couple, and a vertical body of laws relating to the parental relationships. These two bodies of laws that once had been mutually reinforcing because they were structural complements have gradually disjoint. They now appear as autonomous, if not contradictory: their philosophies differ, their goals diverge and law tends to treat them as dissociated. On the one hand, everyone is expecting today that the couple life will allow individual bloom and fulfillment, with the utmost possible liberalism. The law follows this social demand, as evidenced by the relaxation of sanctions in marriage obligations. The limits of such liberalization of horizontal relationships exist, but they camped at the border of what society deems tolerable, not between husband and wife, but in full generality relations between adults. Such laws and obligations have no longer much to do with family. These limits are of a generic nature. On the other hand, societal pressure rises on expectations in the vertical relationship. This is not only to prohibit unacceptable behaviors or deviant, but also to encourage parents to fulfill their missions. Society does not intend to substitute family to accomplish these missions. It keeps giving parental duties a considerable importance. Therefore, in this vertical domain, any efficient punishment is a priori legitimate. Horizontal liberalism, vertical demand: how to reconcile these two trends? Therein lies the difficulty that faces the law of sanctions in the field of family
De, Gourcy Raphaelle. "Le statut patrimonial du conjoint survivant en droit international privé." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020023.
Full textThe patrimonial status of the surviving spouse has always been exposed to a legislative “dépeçage”, entailing characterization and articulation difficulties, which had to be confronted to current evolutions known in private international law and substantive law. However, neither the implementation of EU Regulations (no.650/2012 on inheritance and no.2016/1103 on matrimonial property), nor the favour for the surviving spouse have eradicated the difficulties affecting his or her patrimonial status in private international law. Hence the interest, as a first step, to apply the techniques of qualification, substitution or adaptation in an attempt to overcome these difficulties on a case by case basis; then, as a second step, to pursue the reunification of the surviving spouse’s patrimonial status under only one legislation. Two ways would enable to reach or, at least, enhance the achievement of such a legislative unity. The first solution, involving the modification of the content of the relevant connection categories, either by merging them or by extending one of them, has been eliminated. However, the second one, based on the modification of matrimonial connection after death, either by judicial substitution, as now recognized by the EU regulation no.2016/1103, or through inter partes agreement, as already recognized under French law, has been upheld