Dissertations / Theses on the topic 'Droit européen des contrats de consommation'
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Poillot, Élise. "Droit européen de la consommation et uniformisation du droit des contrats." Reims, 2004. http://www.theses.fr/2004REIMD004.
The relations between Consumer Law and Contract Law have already been scrutinised in France. This statement does not apply to the relations between European Consumer Law and the Law of Contract. This certainly results from the fact that the implementation of the European directives relating to consumer protection should not concern Contract Law but Consumer Law. Now that the realisation of a European Contract Law is ever more discussed, the links between European Consumer Law and the Law of Contract have to be studied. They will demonstrate that the influence on Contract Law of the European directives relating to consumer protection allowed European Law to enter Contract Law. This has led to the emergence of a uniform Contract Law at a national level but this could also occur at a European level, as showed by the study of the various projects concerning a European Contract Law. This is what this dissertation aims to demonstrate. In order to make the demonstration more accurate, we have chosen not only to refer to EC and French Law, but also to pay attention to English, German and Italian Laws in a comparative and selective way
Pombieilh, Denise. "L'incidence du contrat de consommation sur l'évolution du droit des contrats." Pau, 2002. http://www.theses.fr/2002PAUU2007.
The consumer law development was not without repercussions on contract law facing the importance of contractual rules and the coming of a new category of contracts : consumer contract. Research of the measure of consumer contract incidence on the contract law evolution leads to present two results, linked to the legal nature of the object of study. First it seems that the consumer contract is not immediately considered to have an autonomous status in statute law, neither as new category of contracts nor as legal concept. It is defined as a contract concluded by the consumer and so subdued to the consumer law. Its incidence on the contract law evolution must thus, at first, be measured in the alder of the legal treatment of which object it is. So, of lege lata (statute law), the consumer contract appears as a model for inequality contracts. But, it is advisable to wonder about the possibility of applying a notion of consumer contract of which the contributions seem important. Consequently and of lege ferenda such a consideration renews in a very significant way its incidence on the evolution of contract law
Blanchin, Catherine. "Sources et méthodes du droit international privé de l'Union européenne : l'exemple des contrats transfrontières de consommation." Paris 2, 2000. http://www.theses.fr/2000PA020120.
Poillot, Élise. "Droit européen de la consommation et uniformisation du droit des contrats /." Paris : L.G.D.J, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/51970309X.pdf.
Raobelina, Fanjamalala. "L'harmonisation du droit de la vente aux consommateurs dans l'Union européenne : Réflexion à la lumière de la directive (UE) 2019/771 relative à certains aspects concernant les contrats de vente de biens." Electronic Thesis or Diss., CY Cergy Paris Université, 2023. http://www.theses.fr/2023CYUN1267.
The contract for the sale of goods constitutes a lever for cross-border trade in the Union, the European legislator therefore governs certain aspects. Directive 1999/44/EC reformed by Directive (EU) 2019/771 and Directive 2011/83/EU thus include rules common to Member States, specific to sales. The choice of the specific study of these rules is due on the one hand to the fact that, economically, it is the most common contract on the internal market and on the other hand, to the fact that, legally, the sale remains the archetype of the contract in EU law, thus serving as premises and models for European legislation on consumer contracts
Pitzalis-Welch, Cécile. "La sanction de l’obligation légale d’information en droit des contrats de consommation : étude de droit français et luxembourgeois." Thesis, Université de Lorraine, 2016. http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2016_0239_PITZALIS.pdf.
Numerous legal duties to disclose information are promulgated in consumer contract law by the legislational body of the European Union and are thus common to French and Luxembourgish laws. In this context, the legal duty to disclose information possesses a double objective to protect the consumer by enlightening their consent, and regulating the market by favoring loyal competition. A breach of obligatory information disclosures by a professional must be sanctioned to ensure the effectiveness of the obligation. The penalty for breaching the legal obligation to disclose information in consumer contract law must be analyzed using its angle of efficiency within the capacity of its effects to reach the assigned goals. Analyzing French and Luxembourgish consumer contract laws, both similar but with specificities, surmounts a perspective of legislatory choices in terms of sanctioning the legal duties to disclose information, and also aids by informing proposals to improve these current systems of sanction
Ouirini, Hanane. "Essai sur l'européanisation du droit de la consommation." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2051/document.
Consumer protection law is inherently impacted by EU law. European contract law in general, and European consumer protection law specifically, are at the heart of tensions between EU institutions. Driven by a desire to create a European Civil Code covering contract law, tort and negligence law, and negotiorum gestio, EU institutions are confronted with fear and hesitation at the local level regarding their specific characteristics. The legal debate analyses and assesses the short-term and structural impacts resulting from the 'Europeanisation' of consumer protection law. Like it or not, socio-economic conditions are changing and we can no longer disregard a global and European approach, if only to promote and expand the internal European market. Consumer protection law is an area where opposing interests collide, and these should be reconciled. That's why there have been proposals to standardise law at the European level – to create a homogeneous group of laws that are clear and accessible and that would guarantee efficient protection for consumers, who are key to this whole process
Waiyamuk, Awnrumpa. "La protection du consommateur en droit international privé européen." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020009.
Consumer protection in European private international law is carried out through protective choice-of-law and jurisdiction rules which are specially designed for cross-border consumer contracts. These rules help balancing the bargaining power and make the professional bear the internationalization cost of consumer contract. With some improvements which should be brought to the existing rules, the method used in European private international law in matters relating to consumer contracts is generally satisfactory. On the other hand, its scope is too narrow. With the criterion of "directed activity", the European model is based on the distinction between passive and active consumers. Only passive consumers are covered by the protective rules. This distinction must not lead to the lack of protection for active consumers. In this thesis, it suggests that European private international law provide protective rules for consumers currently not covered. However, the protection must not be carried out by extending the scope of existing protective rules to active consumers but by establishing a second set of protective rules inspired by a better regulation of freedom of contract and a good compromise between professional’s interests and consumer protection
Huet, Davy. "Le petit professionnel dans ses rapports contractuels." Thesis, Université Clermont Auvergne (2017-2020), 2020. http://www.theses.fr/2020CLFAD005.
The « small professional » is not so well identified in current contract law. Whether it concerns general laws of contract or special contract laws, neither really have a vocation to specifically appreciate this economic stakeholder. However, if positive law is not attentive to this contracting party, its emergence at the heart of legal relations is not disputed, and as pointed out in European law, it places itself as witness to this outcome. In consequence, it is proposed to study the expression of the « small professional », on the one hand, through the already-known notions of consumer, non-professional and professional, and on the other hand, through related notions of trader and business company. Many areas are affected by the advent of the « small professional » including contract law, competition law and consumer law. The aim is therefore to emphasize the lack of attention to this party. Within the scope of its contractual relationships, the « small professional » is generally considered as a common professional, despite its special status. The purpose is also to present an adaptation of the rules related to its activities. The content of its rights and duties should be strictly analyzed in order to understand, and make them more appropriate
Peglion-Zika, Claire-Marie. "La notion de clause abusive : au sens de l’article L. 132-1 du Code de la consommation." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020071/document.
The legislation on unfair terms set out by Article L. 132-1 of the French Consumer Code is applied on a daily basis. The notion of unfair terms nevertheless remains unclear. Thirty-five years of inconsistent and erratic application have indeed contributed to making this legislation inaccessible and difficult to predict, thereby damaging legal security. The reinforcement of this notion necessitates a two-pronged approach. First of all, the concept must be delimited in order to restrict application solely to those individuals requiring protection against unfair terms and only to those terms that genuinely do generate a material imbalance between the rights and obligations of the parties to the contract. The notion of unfair terms then becomes a mechanism aimed at sanctioning abuses of contractual freedom in consumer agreements. The concept must then be identified, by seeking to define and characterize the standard of material imbalance, in particular against the yardstick of criteria generated by practical application. In doing so, the notion of unfair terms becomes a central notion of consumer law and, more widely, of contract law, in particular with regard to its participation in the renewal of general contract theory
Poissonnier, Delphine. "La politique de la concurrence et le droit des contrats." Montpellier 1, 2006. http://www.theses.fr/2006MON10049.
The combination, initially incongruous, between European Union competition policies and contracts law has always been considered complimentary for one another. This relation, however, does not allow us to grasp aIl legal implications. A distinctive interpretation regarding contracts was originated by the E. U. Law. This interpretation requires, in a forecasting dynamic, to determine to what extend the E. U. Policy of competition concerning contracts can set up a register for contracts law in E. U. , through a potential E. U. Distribution policy
Rzepecki, Nathalie. "Droit de la consommation et théorie générale du contrat /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb389512554.
Aubry, Hélène. "L'influence du droit communautaire sur le droit français des contrats." Paris 9, 2000. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2000PA090002.
Yammahi, Salem. "La protection du consommateur dans les contrats électroniques de consommation." Rouen, 2008. http://www.theses.fr/2009ROUED005.
This study examines the legal protection of consumers in electronic consumer contracts in respect of the contract : ads commercial electronic supply and acceptance of electronic contracts. Then she studied the legal safeguards in the contract as a right of withdrawal, the protection of privacy and personal data of consumers and the applicable law and jurisdiction. Lastly, the consumer protection during the execution of the contract : unfair terms, delivery, payment, legal safeguards "compliance, hidden vice, security products and service", guarantees commercial and service after sales
Rooz, Delphine. "L' intégration du droit de l'Union européenne et le droit français des contrats." Paris 1, 2012. http://www.theses.fr/2012PA010319.
Zoïa, Michel. "Incidence du droit communautaire sur les contrats spéciaux." Toulouse 1, 1999. http://www.theses.fr/1999TOU10046.
Analysing the effect of the European Union law on special contracts may seem surprising insofar as neither harmonization nor standardization of the legislation of the member states is specified by the European Union treaty, a text essentially dealing with economy. However, it can't be denied the European Union law has an increasing effect on special contracts, mainly on two law bases, the consumer protection law and the competition law. Those rules which all take on a public policy aspect, respectively concerning the protection of particularly or general interests, seem at first irremediably opposed to the French law, animated by the principle of the autonomy of the will. Nonetheless, the internal law is also characterised by a development of that public policy, thus reducing the principle of the autonomy of the will. In that field, the double component of the public policy established by the European Union law can be found again, which is not surprising for most French texts are derived from a community text. Nevertheless, the effect of the European Union law varies, depending on whether it is a matter of protection of particularly or general interests. As far as the former is concerned, if the French law preceded the European Union law relating to the adoption of an imperative regulation of the weaker part of the contract, the European Union law all the same involves a reinforcement to it (part 1). As to the latter, the European Union law has played the role of a precursor insofar as the French law has known an evolution, constantly aiming to conform to its solutions over the European Union law ones. Therefore, the European Union law has been at the origin of the transformation of the competition laws into an instrument of regulation of the contract which has led to the creation of an indirect and imperative regulation of the special contracts concluded between enterprises (part 2)
Rzepecki, Nathalie. "Droit de la consommation et théorie générale du contrat." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30004.
This thesis deals with relationships between consumer law and general contract theory. With this end, we first ask ourselves the question regarding the existence of consumer law in face of general contract theory in order to exist, consumer law should present itself as a true branch of law, in others words, a true law, an + ensemble ;, instead of a simple grouping of specific rules, a + compilation ;. While a simple grouping of specific rules is the result of common aim, an + ensemble ; is caracterised by a union of this rules into a superior averall law. There is an + ensemble ; when the regroupment is endowed with applied objective criteria and a clear common law. Applied to consumer theory, this distinction only allows us to conclude the existence of a + compilation ;. This conclusion determines the relationships that the special law holds with general contract theory. As there is no + ensemble ;, judges are obliged to turn to general contract theory when special law is incomplete or unclear
Chiou, Theodoros. "Vers un droit européen des contrats d'exploitation de propriété intellectuelle." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA005/document.
Intellectual Property plays an essential rοle in the modern economy based on innovation and intellectual capital. Exploitation contracts of IP rights are the legal instruments that allow the circulation of these assets and enhance their exploitation both at national and European level. This thesis discusses the question of improvement of the actual legal framework of exploitation contracts of IP rights in Europe. More precisely, it aims at demonstrating that, on the one hand, the insufficiency of the law of exploitation contracts is real and far-reaching and, on the other hand, that the insufficiency problem should be dealt with the transversal (re)construction of the specific legal framework of exploitation contracts in a European perspective. The analysis starts with the examination of the deficiencies of the status quo, as reflected in Greek, French, German, British laws, and European acquis and concludes with the recommendation of further steps to be taken for the construction of a true and consistent European law of exploitation contracts of IP rights
Deis, Laurent. "Les contrats de coopération inter-entreprises." Paris 2, 2002. http://www.theses.fr/2002PA020045.
Bonneau, Jean-Christophe. "La classification des contrats : essai d'une analyse systémique des classifications du Code civil." Grenoble, 2010. http://www.theses.fr/2010GREND017.
The classification of contracts as it is stated in the civil Code articles 1102 onwards structurally distinguishes itself from modern classifications having been added to it. Looking thoroughly at the matter of a global approach of classification, the classifications of the civil Code, separated from a legal regime which does not in fact depend on them and on notions which are foreign to it, such as the concept of “cause”, were considered in their connections of logic and complementarity. The existence of the chains of classifications, a new classification resulting from the coherent assembly of the various classifications provided for the civil Code, were brought to light thanks to a study aiming at understanding how these classifications are bound and harmonized. The features of the classification of contracts were then deducted from the very structure of the classifications of the civil Code combined in chains. These have for feature to reveal what constitutes the essence of the contract, by allowing to distinguish it from certain figures which try to assimilate to it but nevertheless distinguish themselves from it since the capacity of a legal object to become integrated into the chains of classifications is perceived as conditional on the contractual qualification itself. Considered as a preferred criterion of the definition of the contract, which can give rise to projects aiming at the elaboration of a body of European contract laws, the chains of classifications were then conceptualised in their connections with the variety of the named contracts. The chains of classifications absorb these contracts as well as their legal regime which can, consequently, be transposed into the unnamed contracts. Allowing a renewal of the groupings generally perceived, the chains of classifications bring a new light to the process of qualification of the contract. They contribute to specify the domain of the modification of the contract, and finally supply a foundation for the direct contractual action which is applied to the chains of contracts
François, Gwennhaël. "Consentement et objectivation : l'apport des principes du droit européen du contrat à l'étude du consentement contractuel." Clermont-Ferrand 1, 2006. http://www.theses.fr/2006CLF10296.
The contractual consent cannot be apprehended from a voluntarist point of view, through the psychism of the parties. Fist, because the psychological will is unsoundable. Then, because such an analysis is dangerous, in what it supposes that the judges will determine the existence of the consent or will assess the quality of the consent while being interested so that the parties wanted certainly to express, which is fuzzy and dubious. The contractual consent, as a condition of formation of the contract, must thus be apprehended in the light of the objective theories. To determine if the consent of one of the parties exists or to know if it is healthy, it will be advisable to carry out a serious induction, on the basis of the rule of law and concepts more easily palpable for the lawyer, the such principle favor contractus or the bona fides. This objective approach is that which adopt, precisely, European Principles worked out by the Lando Commission
Larrieule, Martine. "Le droit français de la consommation à l'épreuve du droit communautaire." Pau, 1999. http://www.theses.fr/1999PAUU2003.
The recently implemented legislation on french consumer rights, has developed to such an extent that it has been taken up by community law. The confrontation on this subject between french legislation and european community legislation, should be based on a chronological as well as a quantitative analysis. French law was a fore-runner to community law, whose drawing up reveals a concentrated effort towards national rights. This convergence of community law towards french law being so up-to-date, the tendency is to reverse the motion from national law to community law. These two legislations, of common objective, that is to say, high cosumer protection, are founded on different methods in order to keep the motion up-to-date. None the less, even if this convergence keeps an up-to-date capacity, there remains the danger of unbalance resulting from the divergent practices of member states and their proceeding for the application of community law. In particular, a lot of beyond border litigations, occur for wich a quest for solutions has became necessary
Marie, Géraldine. "Droit européen des contrats de valorisation des biens immatériels : Essai de comparaison du régime des contrats en droit français et en droit anglais." Strasbourg, 2011. http://www.theses.fr/2011STRA4018.
In view of harmonizing contract laws in the European Union, it is necessary to compare the existing national legal systems. In particular, we undertook a comparative study between French and English contract laws for exploitation of immaterial assets in order to understand how each system deals with security, contractual justice and allows the circulation of immaterial assets such as trademarks, patents and know-how. In both countries, these contracts are based on general rules of contract law, as well as exceptional rules dictated by the specificity of their object. In French law, assignment and licensing agreements are respectively treated as sales and rental contracts. On the contrary, in the absence of any property right, the know-how agreement is regarded as a contract for services. In addition, French law reinforces the implied terms of these contracts according to the general principles of “good faith” and equity. In contrast to French law, freedom of contract appears to be prevalent in English law as discussed in this thesis. The thesis also studied the influence of European Union competition law on the contracts relating to trademarks, patents and know-how. These contracts have become instruments of market regulation through the control of contract terms carried out according to cartel law. This regulation allows a fair balance between the interests of parties and competitors. In conclusion, the contracts for exploitation of immaterial assets should be viewed as a frame for implementing access to innovation and wealth
Goubinat, Marine. "Les principes directeurs du droit des contrats." Thesis, Université Grenoble Alpes (ComUE), 2016. http://www.theses.fr/2016GREAD001/document.
The notion of guiding principle appeared in the field of civil procedure forty years ago and has been since then used as a guide establishing fundamental guarantees for fair justice in the civil trial. Later on, it was implemented in the criminal and administrative matters. Enthusiasm for this notion made it emerge recently in the field of contract law at a double layer: firstly in the domestic legal order, the different reform projects for contract law have been innovating since 2008 because guiding principles have been determined as a new legal category in this matter. According to the project, including in this category contractual freedom, binding force, good faith and coherence has been proposed. Secondly, from a European perspective, Brussels authorities have been questioning for quite a long time the opportunity to elaborate a European contract law common to all member States. As a consequence, some guiding principles can be identified in several sources, scientific codifications and proposals to come. Since then, this concept has generated a great interest and commentators have mainly severely criticised a hypothetic introduction. More rarely, it has been significantly supported. Therefore the purpose of the research is to study in depth the concept of guiding principles in contract law since after the first questions relying on scientific curiosity, researches related to the science of guiding principles in contract law must come. Even though the notion is today often used, its concept remains an enigma, no consensus has been found on its sense or effects. The notion carries many shadowy aspects that will have to be enlightened, especially as after several oppositions from the Senate, the Act adopted on the 16th of February in 2015 authorised the Government to reform contract law by executive orders. Nonetheless, the latest projects recognise some guiding principles so it is time to evaluate the relevance of the notion and determine its potential effects
Douche-Doyette, Nathalie. "La sanction de la violation du droit de la consommation dans les contrats de consommation." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0226/document.
The second half of the 20th century has been marked by the emergence ofconsumer society and correspondingly by the evolution of a new area of law: consumer law. This field of law can be defined as a body of rules aiming at protecting the interests of consumers and which is essentially applied in the context of consumer contracts. The legislator has not established a general system of sanctions for the violation of consumer law provisions. The sanctions are mostly criminal in nature, while the civil sanctions are those provided for by general contract law.On the basis of the existing rules this thesis aims to establish a specific system ofsanctions common to all consumer contracts. The thesis is governed by the search for adequate sanctions which would increase the effectiveness of the legal rules as well as the effectiveness of the protection of consumers. The effectiveness of the reparative function of the sanctions is analysed separately from the effectiveness of their deterrent function. This distinction is necessary, since the reparative function of sanctions is determined by the situation of the victim of the violation of the rules, whereas the deterrent function of sanctions takes into account the situation of the person responsible for the violation
Bérenger, Frédéric. "Le droit commun des contrats à l'épreuve du droit spécial de la consommation : renouvellement ou substitution ?" Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32012.
This thesis tries to introduce a new light of account between these two laws detecting a specifical movement existence: the substitution of contract common law by the consumption law. It tries, first, to prove that the special law cannot enable a common law change because, on the one hand , these new legal definition cannot blend with it, and on the other hand, the common law used by specifical law is altered by its coherence. The study tries next to demonstrate the existence of an extensive interpretation of specifical law then the contamination of common law by specifical law. The synthesis of analysis must permitted to put to good use the proposition which stipulate that the movement of the substitution of contract common law by consumption law can be a possible new description of the account between these two laws
Özcan, Cem. "Les droits du sportif professionnel : étude de droit européen et français." Paris 10, 2009. http://www.theses.fr/2009PA100019.
The penetration of the market rules in the professionnal sport has changed the structure of the rights of professionnal athletes. The right of the free mouvement in the European Union was won by the famous decision Bosman and it created new perspectives for the professionnal athletes. On the other hand the problems which were created by these changements made necessary to think seriously about the specific aspects of the sport
Omgba, Joseph. "La protection des consommateurs en droit européen." Paris 8, 2001. http://www.theses.fr/2001PA081916.
Moura, Marie-Elisabeth de. "L' inexécution du contrat en droit français et dans les principes de droit européen des contrats (principes Lando)." Clermont-Ferrand 1, 2008. http://www.theses.fr/2008CLF10004.
Kauffer, Hervé. "Les banques et l'Europe en droit privé." Nancy 2, 1988. http://www.theses.fr/1988NAN20009.
Building up the european banking market implies that all banks should enjoy two fundamental liberties : free activity and free competition. The recognition of the bank's establishment right and of free provision of services for their benefit, as well as the commission's work on mortgage and consumer credit, both contribute to the achievement of free activity. Furthermore, the work on harmonization of bank control rules, as well as the respect by credit institutions of the rules stated by articles 85 and 86 of the treaty, are the two necessary conditions for obtaining complete free competition. Each of the two fundamental liberties is submitted to careful examination, which emphasizes the difficulties in building up a european banking market
Fioger, Valérie. "Les parties faibles dans le contrat en droit international privé communautaire." Lyon 3, 2004. http://www.theses.fr/2004LYO33014.
Tisseyre, Sandrine. "Le rôle de la bonne foi en droit des contrats : essai d'analyse à la lumière du droit anglais et du droit européen." Paris 1, 2010. http://www.theses.fr/2010PA010264.
Théocharidi, Eva. "L’européanisation du droit national : le cas des contrats conclus par le consommateur et le travailleur." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100145/document.
The Europeanization of national law is realized through the interactions between European law and national legal orders. It consists of two equally important components: on the one hand, interactions during the creation of European standards, as national law is the starting point and inspiration of EU law. On the other hand, interactions take place when EU law is enforced in to national legal systems. Consumer and employment contracts are a relevant field for monitoring the process of the Europeanization of national law. French law is dealing with the consumer and the worker as weak part of two contracts the purposes of which are different. However, European law regulates the consumer and the worker in a similar way, i.e. as internal market players and EU citizens. Therefore, European law seeks to strengthen their confidence in the functioning of the internal market. The focus is on the protection of the individual as an actor rather than the contractual relationship vision. This European concept of the consumer and the worker has an impact on national law by changing it directly or indirectly.Focused on EU decision-making process, and based both on an extensive bibliography and on the EU institutions records, this study shows the need to rethink national and European law. As it is torn between a fragmented regulatory and ambitions sometimes exaggerated, EU law is still in search of consistency
Serra, Freire Paula. "Le contrat international de consommation, comparaison franco-brésilienne." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020051.
The internationalization of the consumption of products and services is a phenomenon that can be seen in developed countries, like the case of France, but also to a large extent in developing countries like Brazil. Such internationalization has important implications for the protection of consumers, which are considered in most countries as a weak party that deserves to be protected. This internationalization also raises interesting private international law issues. In this work, we will study the issues related to the determination of the competent jurisdiction and the law applicable to such contracts, from both the French and the Brazilian law perspectives
Busseuil, Guillaume. "La notion de contrat en droit privé européen." Thesis, Paris 10, 2008. http://www.theses.fr/2008PA100110.
The foundations of contract law continue to evolve under the initiative of the European Union, the Council of Europe and doctrine. Their presentation was arranged around the distinction between a European law based on institutions –European Union law and the European Convention on Human Rights – and transnational law dictated by doctrine. The fresh and original interaction between these two sources created a European private law that is likely to shape new thinking about the notion of contracts. Because contract law had been based in national legal systems, developing a European notion of contracts that transcended these different sources was difficult. A contemporary understanding required revisiting the historical construction of the notion of contracts, from Roman law to national forms of civil law (the French Code civil, the German Bürgerliches Gesetzbuch). Each national legal system examined here (German, English and French) developed a distinct forms of contract law. However, contemporary doctrinal codifications, particularly the Principals of European Contract Law offered new ways of thinking about contract law by deconstructing its various national bases. Discovering the notion of contracts in European private law required putting forth a solid theoretical foundation. Indeed, the theory of relational contracts is at the heart of this study. Whether founded in transnational or European law, it serves to explain, among other evolutions, the extension the notion of the contract such that it finds greater acceptance than in national law. The relational contract, with the concepts of good faith and reasonable expectation, now situates the notion of the contract at the crossroads of Common and continental law. Further enriched by the concepts of contractual balance and incompleteness, the notion of contract has become a pluralistic one
Maslowski, Solange. "La reprise de l'acquis communautaire par la République tchèque : modalités générales et application au droit de la consommation." Toulouse 1, 2009. http://www.theses.fr/2009TOU10064.
My doctoral thesis relates the process of approximation of law in the Czech Republic since 1991 until its accession to the EU. Approximating its laws to EC law consisted mainly in taking over the acquis communautaire (sic) in order to be accepted in the EU in 2004. Despite of the various instruments put into place by the European Community and its strong involvement through its institutions and mainly the Commission (screening of the acquis), the process of approximation encountered some limits. Some are the same as those encountered by the member States, others are particular to candidate countries. Those limits are found at any level of the approximation process. This thesis could be served as a reflection on global solutions to the question of the reprisal of the acquis communautaire (sic)
Galli, Adeline. "Droit communautaire et marchés publics des collectivités locales (le cas de la France)." Nice, 1997. http://www.theses.fr/1997NICE0049.
Adida-Canac, Hughes. "Contribution à l'étude du droit communautaire des obligations." Paris 2, 1998. http://www.theses.fr/1998PA020071.
Bujoli, Frédéric. "La durée du contrat : rapports croisés des droits de la consommation, de la distribution, de la concurrence et de la théorie générale du contrat." Nice, 2007. http://www.theses.fr/2007NICE0028.
Duration is defined as the period of duration of something or time passing by. It is an instrument that permits to make time produce juridical effects. Certain contracts cannot exist without as their execution is based on a period of time. But the French civil code doesn't define neither duration of contract nor its effects, except for the later in certain special contracts. Doctrine and jurisprudence have created a categorization of contracts concluded for a determined or an undetermined period of time. Today, consumer law, competition law and rules applicable to distribution contracts, who are applicable to all contracts help to complete civil law and rule duration of contracts by prohibiting excessive duration and trying to make the contractual relation more stable at the same time. Together with civil law, they help to create general rules
Alliez, Camille. "L' office du juge en matière de crédit à la consommation." Montpellier 1, 2008. http://www.theses.fr/2008MON10047.
The consumer credit is a contract making it possible to the consumer to finance the purchase of consumer goods without having the funds necessary. This contract which especially developed with the consumer society during the second part of the XXth century rests on a relation unbalanced between a financial institution and a consumer. The question of “the office of the judge as regards consumer credit” has arisen for a few years, because of the importance of the contentious matters which this unbalanced contract causes, often presented like a factor of over-indebtedness. It is advisable to raise the question of the intervention of the judge in this contract (Left 1) before studying the methods of this intervention (Left 2). The judge “d'Instance”, exclusively qualified on the matter, indeed is led to raise office certain means of defence of the failing borrower (often absent from the debates), as the irregularity of the preliminary offer of credit or the preclusion from the action in payment, step which is not validated by the Supreme court of appeal : the ignored rules would not concern a law and order of protection, which can be discussed. In the field close to the abusive clauses, the Court of Justice of the European Communities recognized with the judge the capacity to seize office of the abusive character of a clause contained in a contract of loan on personal property. In several recent judgments, the Court of Justice of the European Communities did not decide with all the clearness awaited on the precise question of the office of the matter judge of consumer credit, but the recent intervention of the legislator in article 34 of the law n° 2008-3 of January 3 2008, made it possible to clear up the situation by granting to the judge the possibility of raising of office non-observance of the provisions of the Code of consumption. This whole of given testifies to the acuity of the problem and its national dimension as well as Community
Nadaud, Marion. "La diversité des méthodes d'intégration juridique européenne dans le domaine du droit des contrats : étude de l'organisation d'un espace normatif européen du contrat." Toulouse 1, 2010. http://www.theses.fr/2010TOU10068.
Contract law represents a truly rich field of observation for the study of the various methods of European legal integration. Harmonization by way of directives was initially the leading intervention method for European Union law dealing with contract law. Since 2008, the Union's legal system has implemented overall measures to unify the rules for conflicting laws. The prevailing vision so far has been that of a European normative space for contract, defined as a regional legal entity based on horizontal links established between the national laws of each European country, as opposed to a single model for European contract law. This thesis seeks to cast light on how this normative space is organized. In terms of its internal structure, the normative space under study deals with the relationships between the legal systems of European Member States through a principle of normative competition. Grounded in freedom of choice, this normative competition provides both a way to deal with the various national systems for contracts and a way to progressively Europeanize contract law. European law moreover sets out to regulate the intensity of such competition so as to protect the weaker party while preserving the internal coherence of the normative space. In addition, the latter strives to delineate its outer contours. This study assesses how far into the international domain European law can be called upon based on spatial integration, and seeks to analyze the delicate relationships between European law and the legal systems of Member States as well as that of International Law. The critical issue in the external structuring of European space lies in finding a balance between a philosophy of identification and a philosophy of openness
Milingo, Ellong Jean Joss. "Le civisme contractuel : étude de droit comparé. Droit OHADA et droit européen." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010265.
The "contract" is just because both parties wanted it. This idea has long prevailed in contract law and is still very present. With the observed economic, social, environmental and technological transformations, it is blunted in favour of a protective interventionism, the will no longer being to ensure exclusively the protection of the contractual interests. Today, voluntarism and protectionism are not enough to ensure the safety of all contractual interests. It is therefore necessary to think otherwise of a contract. According to Dean Carbonnier, «on/y the contractual citizenship (contract compliance ta public order and morality) represents an absolutely general validity requirement, the minimum social conformity required of al! contractors». The idea of citizenship, consubstantial with the notion of contract, reveals itself gradually on the matter, under national law, as in the state groupings such as the European law and OHADA. Though implicit, contractual citizenship is stated in the sources of these legal systems and its heterogeneous content is identifiable and recognizable. Moreover, the contractual citizenship authority to apply to all contracts of private law; to all contractual phases, even though it would be more evident during the execution of the contract. It binds the contracting parties and interpreters such the judge and arbitrator, and contribute" not only to help increasing their powers, but also to the security and reassurance of contractual relationship. Thus, the contractual citizenship could not be limited, as foreseen by the illustrious sire Dean Carbonnier, to an extrinsic condition of validity of the contract relating to the content. It is about a general principle of contract law, complementary to the existing principles like liberalism and contractual solidarity, and whose necessary textual dedication can be relativized. The violation of rights and obligations which conveys the contractual citizenship is sanctioned according to whether the interest in question is general or private, the idea being to maintain the contract so long as its execution remains possible, or to accelerate its disappearance when established that its maintenance likely infringe or affect the contractual persons involved
Mahjad, Bouchra. "Le déséquilibre contractuel en droit marocain : l'apport du droit de la consommation au droit commun des contrats : approche comparée des droits marocain et français." Perpignan, 2014. http://www.theses.fr/2014PERP1179.
In the general theory of contracts, a commitment made by consenting parties is deemed inviolable. The legislator takes the contractor’s consent to be a necessary condition, and hence takes measures to protect contracting freedom and to maximize the binding force of the contract. However, the issue of prior consent is becoming problematic with today’s economic changing realities. There have emerged new types of unilaterally pre-formulated contracts which do not allow for any prior negotiation whatsoever, a fact which has urged the introduction of the Consumer Law that is meant to protect the rights of the weaker parties. This new law is more concerned with the identity of the contractors than with the nature of the contract. This law is therefore based on a new conception that seeks to guarantee a contractual and economic balance among contractors. Inspired by the french consumer law, the moroccan consumer law permits the legislator to issue whatever consumer-protecting laws necessary. In any case, however, the consumer needs to be sensitized and well-informed. The moroccan government is thus urged to encourage the creation of more associations for the defense of consumer rights, and to provide them with the financial support needed for them to carry out their mission
Rivollier, Vincent. "La doctrine et (re)contruction d'un droit privé européen." Thesis, Saint-Etienne, 2015. http://www.theses.fr/2015STETT121.
European private law is gradually built, both as a branch of law, especially through EU legal instruments, and as a legal discipline, i.e. as a legal knowledge, a jurisprudence. Legal scholarship plays a fundamental part in this construction (or reconstruction when medieval jus commune is regarded as a precedent). In response to the fragmentary and sectorial approach of EU legal instruments concerning private law, legal scholarship has drawn up several legal drafts; these drafts aim to build the European private law as a complete and consistent branch of law. The published drafts include general contract law (Principles of European Contract Law, edited by O. Lando), tort law (Principles of European Tort Law), and even the whole patrimonial law (Draft Common Frame of Reference, edited by C. von Bar). The legal scholarship also plays a part in the diffusion of concepts in different legal systems (estoppel, reliance and expectation interests, Obliegenheit, …). This diffusion is enhanced by the emergence of books, lectures, degrees in European private law, even if this law remains very incomplete. Whichever way European private law is understood, legal scholarship contributes in an essential manner. The omnipresence of the legal scholarship leads to question its role in the construction, or according to some authors the reconstruction, of a European private law
Nkounkou, Euloge Anicet. "La stabilisation des investissements pétroliers et miniers transnationaux : des contrats aux traités." Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/27603/27603.pdf.
Talbot-Lachance, Guillaume. "L'engagement volontaire en droit de la consommation québécois." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27225/27225.pdf.
Goldie-Genicon, Charlotte. "Contribution à l'étude des rapports entre le droit commun et le droit spécial des contrats." Paris 2, 2006. http://www.theses.fr/2006PA020056.
Dumollard, Benoît. "Les effets de l'intégration des directives consuméristes sur certains aspects du droit des contrats français et allemand." Lyon 3, 2001. http://www.theses.fr/2001LYO33015.
Auclair, Nicolas. "La loi applicable au contrat communautaire d'assurance." Paris 1, 1999. http://www.theses.fr/1999PA010313.
Khoriaty, Rita. "Les principes directeurs du droit des contrats : regards croisés sur les droits français, libanais, européen et international." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020042.
The comparison of the guiding principles of contract law in French, Lebanese, European and international laws reveals on one hand a convergence in terms of identifying the guiding principles of contract law and on the other hand a divergence interms of implementing these principles.The convergence arises from the same principles - namely the principles of contractual freedom, contractual security and contractual “loyalty”2 - underlying the general theory of contracts in all three laws. This convergence is due to two mainfactors: firstly, a logical factor that is the inductive reasoning that allows extracting the guiding principles of contract law, and, secondly, a political factor based on the similarity of the general objectives of contract law in the three laws. As for the divergence in terms of guiding principles implementation, it is revealed through reinforcing in European and international laws, the guiding principles of contractual freedom and contractual “loyalty” as well as the adjustment of the guiding principle of contractual security. This divergence could be explained by the existence of specific needs of international trade. However, it should rather be related to the influence of foreign national laws different from French and Lebanese laws