Dissertations / Theses on the topic 'Droit maritime (droit byzantin)'
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El, Tayeb El Saddig Ramah. "De l’existence d’un droit maritime méditerranéen : survivance de la pratique romano-byzantine dans le fiqh al-islami (VIIIe-XIe siècles)." Electronic Thesis or Diss., Nantes Université, 2024. http://www.theses.fr/2024NANU3008.
Full textDogmatically and apologetically, the 'ilm usul al-fiqh or the principles of Islamic jurisprudence places at the head of its sources the Shari'a or "the right path" – that is, the Qur'an or the Sunna of the Prophet Muhammad – and as a last resort, the 'urf or custom. Nonetheless, in the study of fiqh and the practices related to maritime affairs "fi Bahr al-Rum" or in the Sea of the Romans, meaning the Mediterranean at the beginning of the medieval period, not only does the Shari'a says almost nothing, but the observable similarities in this area with the legal compilations and the acts of its former rulers indicate a primary use of rules of "secular" origins. However, it would be excessive to consider that Islamic law was a "Justinian law in Arab dress." Although there was no "Islamic maritime law”, just as there was no "Roman maritime law" before it, there indeed existed a law applicable to maritime activities. The fuqaha or jurists adopted their contracts from the ius gentium in Arabia by incorporating Roman rules. This modus operandi will be the same as the prudentes used when the Romans invested in the Mediterranean Sea, borrowing much from Greek practice which they adapted to their contractual system. This iteration seems to indicate that there indeed existed a "Mediterranean maritime law" which, during the period of interest, was "Islamized," and before that "Romanized," while fitting into the forms of the latter. It is within this framework that the survival of romano-Byzantine practices in Islamic jurisprudence is appreciable
Christodoulou, Varotsi Iliana. "L'adaptation du droit maritime hellénique et du droit maritime chypriote au droit communautaire." Paris 1, 1997. http://www.theses.fr/1997PA010321.
Full textSince 1974, the European union law relevant to the maritime field has been on the increase. The adaptation of Greek and Cyprus shipping law to the eu requirements, gives birth to a certain number of legal issues, which are the result of the different foundation in virtue of the adaptation takes place, as well as the result of the different character of the legislations which are compared in the present thesis. Unlike the Greek law, which mainly focuses on the integration of the principle of non- discrimination on the basis of nationality between eu states and thus calling into question the numerous exclusive national privileges traditionally awarded to the national flag, the adaptation of Cyprus law to the eu requirements focuses on the problem of the quality of the fleet registered in Cyprus, in the context of safety at sea and of the environmental respect
Christodoulou-Varotsi, Iliana Stephanou Constantin. "L'adaptation du droit maritime hellénique et du droit maritime chypriote au droit communautaire /." Athènes : Bruxelles : A. N. Sakkoulas ; Bruylant, 1999. http://catalogue.bnf.fr/ark:/12148/cb37759453f.
Full textPrix de la Fondation pour la promotion d'études européennes et de l'Association universitaire hellénique d'études européennes (1999). Notes bibliogr. Bibliogr. p. [271]-298. Index.
Ali, Ahamada. "Le droit maritime comorien : étude de droit comparé : droit français / droit comorien." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D020/document.
Full textIn the Comoros, the maritime law is a discipline which, for a long time, remained in the blur. The internal texts whiwh were supposed to govern the maritime law to the Comoros were almost inknown and not easily findable. These texts inherited France, would deserve to be amended or replaced by new provisions taking account of realities and the international standards. To date, the country adhered to none international conventions in force governing the international maritime law. It is in cruel lack specialists in maritime law, whereas the disagreements in this field do not cease increasing. Several not-right and remote regions plane on the relative questions with the maritime law. While referring to us with the French right with the Comotian Right maintains still and always close relations, this thesis aims main aim to revisit the Comorian maritime law in order to detect the gaps and the originalities of them, with a view to be able to propose an overallreform of the Comorian maritime law
Zhang, Lu Yi. "Comparaison entre le droit maritime français et le droit maritime chinois." Aix-Marseille 3, 1988. http://www.theses.fr/1988AIX32021.
Full textThe aim of this thesis is to allow both chinese and french jurists and practicians to have a knowledge of their each other's maritime legislations and the doctrines, so that they can have a better comprehension and cooperation between them thus, in some way, the internal unification of the maritime law can be enhanced. A research for the differences and the ressemblances has been carried out on the following subjects: the ship; the personnel of the maritime enterprise; the contract of carriage of goods by sea; the contract of chart party; the maritime mortgage and the maritime lien; the collision; the salvage; the general average and the marine insurance. In order to have a better comprehension of the characteristics of the chinese maritime law, a general introduction has been made in the first part and an introduction to the maritime litigation in china has been made in the complementary chapter of the third part. This research shows that, on one hand, the chinese maritime law is made up of the juridical conceptions of the different systems, and on the other hand, inspite of their diffrent social political system, there is more analogy than antagonism in the maritime law of these two countries
Ragab, Moustafa. "Le droit maritime musulman et sa place dans l'histoire du droit maritime." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32016.
Full textConstituted between the eight ant the tenth century the musulman maritime law is in the begining of most rules of the actuel maritime law. The musulman law is situated between the antiquity when the climate wasn't very favourable to the international trade and the middle ages when a kind of international maritime law was applied by all in the mediterranean area. During the high middle ages the musulman law was applied in the musulman world wich was expanding from india to spain. At that time the transactions between arabs and the navigators of the mediterranean maritime cities were subjected to the rules of musulman law. These rules were considered as mediterranean maritime customs and collected for the use of seafarers. In the middle ages the musulman maritime law had inspired the compilers of the rhodian sea-law, the rolls of oleron and the consulat of the sea. Down to the twentieth century, rules similar to these of the musulman maritime law concerning : freightage, carriage of goods, fouling genral average and the limitation of liability of ship awners were used in the mediterranean area. Nowadays, after a long series of international conpentions, the maritime law keeps the structure of its acient institutions, but the principles which govern the institutions have considerably changed. These conventions are in fact compromises which turn away from the foundation of the common law
Zhang, Lu Yi. "La Comparaison entre le droit maritime français et le droit maritime chinois." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37619376t.
Full textMadella, Anthony. "Le droit maritime chypriote." Aix-Marseille 3, 1988. http://www.theses.fr/1988AIX32018.
Full textThis is a study of the general principles governing the main issues of cyprus maritime law (statutes and case law), in comparison with english, greek and french law. In a preliminary part, the author describes the historical evolution of the cyprus maritime law (antiquity - 1960 independence) ; a typology of actual sources of this law; and the mecanisms of maritime litigation in cyprus (judicial and arbitration). The first part of the thesis deals with the ship : definition ; registration of ships under cyprus flag ; sales ; transfers ; mortgages ; maritime liens ; arrest and enforced sales of ships. The second part examines the running of the ship : off shore companies ; the master ; the crew ; shipowner's liability ; marine salvage ; carriage of goods by sea ; chartering. In conclusion, the author indicates the mixted caracter of cyprus maritime law and the influence of the cypriot open registry system on cyprus maritime law generally
Madella, Anthony. "Le Droit maritime chypriote." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37615549h.
Full textD'Almeida, Dosse. "La Responsabilité du transporteur maritime en droit togolais comparé au droit maritime français." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37611257b.
Full textBraën, André 1950. "Le droit maritime au Québec /." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=70196.
Full textROCHDI, ZAHRA. "Le remorquage en droit maritime." Nantes, 1989. http://www.theses.fr/1989NANT4012.
Full textThe towage agreement has developped differently according to the port's towage or the sea's towage. The port's towage agreement is based on clause of conveyance liabilities. The liabilities in the sea's towage agreement has been radicaly changed because of the towage's inerts bodies which apparead with the off shore industry. In the wet tow, the liabilities are based on the "knock for knock". This system has forsaked in the dry tow because the influence of the contractor's. This evolution could be realised by consentement of the insurers
Kaiser, Wolfgang. "Authentizität und Geltung Spätantiker Kaisergesetze : Studien zu den Sacra priviliegia concilii Vizaceni /." München : C. H. Beck, 2007. http://catalogue.bnf.fr/ark:/12148/cb41099679k.
Full textMonteil, Leslie. "L'application des conventions internationales de droit maritime en droit français." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D008/document.
Full textThe main purpose of the international organization when adopting an international convention is to provide uniform rules for specific fields. The incorporation of international regulation into the legal system of States parties depends on the national laws. In France, the monism system leads to the possibility for every claimant to invoke the provisions of the treaties to support their claim. The authority of international maritime convention has increased when the EU regulation implemented them in EU system which implies that States members are obliged to comply with them. The legal status of international convention in the national French legal system guarantees the enforcement of their own provisions, provided that they are duly applied by the national Courts. The judge will have a significant impact in the enforcement of a treaty. His ruling can improve the unification of international law. However, the judge will be subject to some constraints that may threaten the aim of unification of applicable rules in the shipping law
Nassef, Mohammed. "Le droit de passage inoffensif : etude en droit maritime international." Rouen, 1989. http://www.theses.fr/1989ROUEA003.
Full textBrandsma, Frits. "Dorotheus and its Digest translation /." Groningen : E. Forsten, 1996. http://catalogue.bnf.fr/ark:/12148/cb399614880.
Full textGnine, Akrem. "La responsabilité du transporteur maritime : approche de droit comparé (droit libyen et le droit français)." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D078.
Full textThe contractor's responsibility liability for the carrier's obligations arising from his infraction, the legal basis for his responsibility and the domain of responsibility of the carrier for goods in terms of time and materially, and in terms of person, case of exemption of the good carrier from liability, and about the validity of the agreement on exemption And the maximum limit for the legal limitation of the liability of the shipping carrier of the goods, the case exempted from this limitation and the procedures to ensure that they are disputes concerning the responsibility of the shipping carrier and the maritime transport procedural
Belebna, Mohamed. "Le contrat d'assurance maritime en droit algérien et en droit français." Paris 2, 1995. http://www.theses.fr/1995PA020061.
Full textThe aim of this thesis is the study of marine insurance contract in algerian and french law. The long experience of the french marine insurance market explains its predominant place and role among the largest insurance market in the world. It's not the case of algeiran insurance system. Although that is a french inspiration, the algerian insurance it's so young and a few studies was maked in this matter. The first part is an preliminary chaptr. Its aim is the draw of history evolution to marine insurance. The first chaptr deal at once the definition, the characters of the marine insurance contract then relative rules of this formation. There is not marine insurance when the insured values (hull and cargo) don't takes to submit marine risks. This cause to express by both ways: as for nature risks, a time and place covers. It's object of the second cha@pter. The main prupose of insurance is to indemnity the assured for loss substained by this property. This rule to express in the insured values. For instance, we have treated in the third chapter. The last one chapter, explains the obligation of the insured, assured and settling on indemnity. It can be made : "in damage" or "in abandonment". However, the divergences separates the algerian and french systems. Since 1966, algeria has instituted a state monopoly on insurance sector
Groguhe, Jean Désiré. "Le contentieux maritime en droit ivoirien." Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32009.
Full textPorras, Saldana Rebeca. "La notion de contrat de transport maritime : étude de droit comparé en droit panaméen, droit français et droit anglais." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D072.
Full textIn the contract of international maritime transport of goods, the bill of lading is the key contractual document and the difference with the charter contract is the charter-party, in the relations between the charterer and the charterer. The bill of lading issued in execution of a charter agreement governs the relationship between the shipper and the carrier, on the one hand, and between the carrier and the consignee, on the other hand, and transmitted to a bona fide third party carrier. Interpret the different areas of application of the systems of the International Conventions, in particular the last existing Convention in form international standard: the UNCITRAL Convention of the United Nations (the Rotterdam Rules of 2008), as well as the others known: the Brussels Convention of 1924, the Hague / Visby Rules (The Brussels Protocol, 1968 and the Monetary Protocol (RHV)), Hamburg Rules (RHAM) 1978 United Nations Convention on the Rights of Education (Panamanian, French and English) and the principles present in the legal systems that are part of our analysis; aspects relating to the concept, nature and functions of the bill of lading in of the charter party and other contracts of international maritime law, the purpose of which is of a value title. First, the genesis and evolution of the contract for the international maritime transport of goods under bill of lading will be analyzed. The uniformity of the international legal instruments and the different areas of application of the Hague Rules, The Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules on the Uniform Bill of Lading Law. Obligations subject to international conventions. Second, the development will be on the charter contract. The charter-party and their different modalities in the carriage of goods by sea established in French law, Panamanian law and English law
Almeida, Dosse d'. "La responsabilité du transporteur maritime en droit togolais comparé au droit français." Aix-Marseille 3, 1988. http://www.theses.fr/1988AIX32014.
Full textThe togolese maritime charter of july eight nineteen eighty-two and the french law of june eighteenth nineteen sixty-six have substantially filled the gaps of the law of april second nineteen thirty-six still in effect in togo, by integrating into their respective laws most of the clauses of the brussels convention of nineteen twenty-four. But unlike the french law a lot of work has still to be done in togolese law in order to integrate the contents of the two agreements of february nineteen sixtyeight and of december nineteen seventy-nine amending the international treaty of nineteen twenty-four
Khalaf, Ahmad Ghazi. "L'exploitation des moyens de transport en droit maritime et en droit aérien." Paris 2, 1989. http://www.theses.fr/1989PA020009.
Full textThe exploitation of the engins in the maritime and in the air transport fields are different. The later is submitted and subordinated to domestic political sovereignty, rules and authorizations. The maritime transport field, on the contrary, bears a self autonomy and a traditionnal liberty. The maritime navigation is regulated by separate legal institution constituted by different conventions. It is how the navigation services are not the sole purpose and objective of the maritime exploitation. In the exploitation of the flying engin, the legislator has specifically qualified the operator and submitted him to some obligations and to a direct legal responsabilite in such way compared tothe subconctracting field. This is not the case of the operations and the utilisations in the maritime fields where the rules and the conventions are consecutive and superceding each other leading to a certain situation such as, among the concerned contracting parties themselves, beginning and ending parties are linked all together with guarantee relationship. This institution is interpreted and qualified by the juridiction as a subcontract in the center of a block or a juridical whole and unity. This situation imply to acknowledge for all parties some direct contractual rights such as damages consequent to the execution of their contractual obligations. The juridictions are beginning to adopt such qualification
Rimaboschi, Massimiliano. "L'unification du droit maritime : contribution à la construction d'un ordre juridique maritime /." Aix-en-Provence : Presses universitaires d'Aix-en-Provence, 2006. http://catalogue.bnf.fr/ark:/12148/cb40986328b.
Full textKone, Ismaila. "Les règles de compétence en matière d'abordage maritime." Nice, 1987. http://www.theses.fr/1987NICE0021.
Full textCompetences in boarding matters are governed by two types of laws the laws inued from the general conventions of Brussels of 1952 and national laws the first ones related to the civil and penal jurisdiction have universal vocation. Their purpose is to unify the laws of competence so as to guarantee a consistent application. However, they experience the competition of special conventions of regional vocation such as the European convention of 1968 related to the judiciary competence and the carrying out of decisions in civil and commercial matters. The latter, for instance, leads to a varying application of laws of competence. Therefore, the unification through conventional means has limits, among which some are inherent in the conventional proceeding itself. Thus, the resort to national laws remains necessary. But their application can engender conflicts of jurisdiction to choice solutions may be required. The "lotus" order gives a fair solution on the legal basis but is found objectionable by the maritime milieux. They decide in favour of rules codified today in the 1952 conventions of Brussels on the civil and penal jurisdiction
Langlais, Peter. "Sécurité maritime et droit de l'Union européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020079.
Full textAs a new level of regulation, European Union law appears both as the product of and catalyst for territorialisation and regionalisation of the governance of maritime spaces and activities. The human, economicand environmental challenges of maritime safety have made its legal order a privileged scene for the confrontation between the liberal traditions of the maritime sectors and the need for regulation by the public authorities with a view to preventing, limiting and compensating damages of any kind that may result from an accident. The European Court of Justice has thus proposed the terms of an unprecedented reconciliation between the traditional principles governing maritime liability regimes as organised by international law on the one handand the new principles of environmental law on the other hand. As a result of European integration, maritime safety requirements are gradually harmonizing at theregional scale, limiting the legislative competition between EU Member States while acting as flag or port authorities. By coordinating the position of EU States in international forums, the European Union succeeds in orienting international law dealing with maritime safety: it thus contributes to temper external legislativecompetition. Without a positive harmonisation in the field of taxation and social protection of seafarers, the convergence of EU Member States law results from an alignment with international practices. Similarly, whereas the commercial attractiveness of its internal market would allow it, the European legislator has so far made limited use of economic incentives. European integration has also led to the creation of a regional cooperation framework built around a dedicated regulatory Agency, in addition to an organisational and functional rapprochement of the national maritime administrations, resulting in a gradual homogenisation of European administrative practices,particularly in the field of port controls, licensing of recognized organisations acting on behalf of the flag State,mutual recognition of maritime diplomas and certificates, etc. This co-operation gives extended application to European requirements, although their singularity in relation to international law remains strategically limited
HAMZI, ZINER IDRISSIA. "Le contrat d'assurance maritime en droit marocain." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32020.
Full textCampagnola, François. "Droit international et stratégie maritime des Etats." Nice, 2004. http://www.theses.fr/2004NICE0061.
Full textThe Montego Bay Convention marked a real turning point in the development of the International law of the sea. It introduced a clear rebalance between the juridically protected interests of the coastal State and the flag State to the benefit of the first. The juridical balance realized by the Convention was subjected to pressures from both States, the result of which, in the nineties, was a revision of Part XI and an agreement concerning the juridical regime of the straddling stocks. This study has a double objective. First, it aims to make an examination of the rule of International law concerning the juridical régime of marine spaces and a certain number of maritime activities. It proves that the development of environmental preoccupations also constitutes a manner to promote the interests of the coastal State. It aims, then, to show how the International law of the sea is porous concerning the expression of the States interests and how, especially in terms of use of force at sea, the extra-juridical considerations weigh strongly
Le, Bihan-Guénolé Martine. "La spécificité du droit du travail maritime." Brest, 1990. http://www.theses.fr/1990BRES5005.
Full textThe specificity of maritime labour law stands out on the one hand at a structural level, and on the other hand at a relationship level, and strengthens the need to maintain a special legislation for this profession. The structural level places in a prominent position a particular definition of the sea man and of the ship belonging to maritime labour law. The professional sea man cannot be assimilated to an ordinary worker, because the place where he works is model, and makes him a particular worker. Sea men are submitted to strict conditions their admittance and maintenance in the profession. The relationship level privileges the maritime work contact, which is the link between the ship-owner and the sea man. However one considers this profession, it undoubtedly deserves particular regulations, which is the only solution to give an appropriate answer to its problems and needs
Bouayad, Mohammed. "L'assistance maritime en droit français et marocain." Nantes, 1987. http://www.theses.fr/1987NANT4007.
Full textTwo big points are under examination in this comparative thesis -first the definition and the limits of the maritime assistance; it is necessary to distinguish it from other institutions; the limits of this assistance with the specific problem of the help to people are a second sort of question; a third chapter insists on the conditions to give the qualification of "assistance" to an intervention. - the second part examines the payment of assistance: nature, technics (contract, fixation by external people), persons that can receive or pay this remuneration, intervention of insurance companies, securities for the creditor, problems of judicial nature (what law is applicable) and endly liability when a fuel pollu- tion occurs in an intervention of assistance
Bouayad, Mohammed. "L'Assistance maritime en droit français et marocain." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37603205c.
Full textMontas, Arnaud. "Le quasi-contrat dʹassistance : essai sur le droit maritime comme source de droit /." Paris : L.G.D.J, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/530561026.pdf.
Full textBoughazi, Mohamed Ali. "Le regime juridique de l'assurance maritime en droit francais et en droit marocain." Nantes, 1988. http://www.theses.fr/1988NANT4002.
Full textInsurers and insured have certain obligations towards the shipping insurance. The insured has to pay a premium, safeguard the insured goods and keep the insurer's rights. As for the insurer he must indemnify the insured in case of sinister. Transactions take place in more or less structured markets. French market offers more guarantees than its moroccan homologue. Nowadays, shipping insurance has taken a great importance. In fact a ship can already be insured while it is still under construction. It is then covered by a policy on the hull of the ship. When the ship has been built, it is covered by an insurance on the hull of the ship. The goods which it will carry will be covered by an insurance policy on the cargo while the shipping company will guarantee her responsibility with another policy. If the ship has to be repaired, then the shipyard will be able to subscribe a responsibility insurance policy for repairs to ships. If a war breaks out and the cargo will then be insured against war risks. Off-shore installations placed on the seas are also covered by shipping insurances. Shipping insurance is therefore involved in all acts of shipping operations
Montas, Arnaud. "Le quasi-contrat d'assistance : essai sur le droit maritime comme source de droit." Nantes, 2005. http://www.theses.fr/2005NANT4016.
Full textThe "sea as the source of all law" is not a general juridical postulate. Such an idea simply translates the age-long observation of the original implementation by maritime law of moral precepts aiming at solidarity and social progress: It will be so with cases of assistance to persons. Concerning the unresolved issue of the indemnification for the damage sustained during persons rescue operations, the maritime idiosyncrasy has brought clear instructions to the legal sphere, before it was awkwardly and inelegantly replaced by the law of obligations and its sweeping statements. Even if the many foundations envisaged by the courts to settle this issue give evidence of the tenacity with which the lawmaker is trying to give the unpaid rescuer a juridical status, it remains that the law does not hold a synthetic view on this issue. Above all it is impossible to say that when the lawmaker omitted to make provisions for a special system of indemnification for the damage sustained while giving help to persons, he was actually showing a genuine desire to create such a system. Therefore the jurisprudence has had to play a constructive role by widening gradually the spectrum of compensation cases. After close scrutiny it is fair to say that the answers that have emerged do not form a homogeneous and harmonious set of law. Outside their common aim for indemnification, they appear in complex situations and resort to several legal techniques that have been juxtaposed without any internal nor external coherence. In the legal field of cases of assistance to people, it seems discursive to start once more from the maritime idiosyncrasy, to draw out a general rule of indemnisation
Bénou, Lisa. "Théorie et pratique juridiques à l'époque des Paléologues : Byzance XIIIe-XVe siècle : le droit de propriété et son application." Paris, EHESS, 2009. http://www.theses.fr/2009EHES0052.
Full textA short outlook of the Byzantine law history demonstrates that said law history is dissociated from the historical reality from both jurists and historians. The aim of the present study is based on the historicity of the legal concept. The study of both texts of laws and practice and the comparison between these two categories of documents allow studying the functionality of the Byzantine legal system. In view of the fact that said functional element couldn't be conceived but in a context determined by time, territory, political power and population, the paradigm chosen is the 13th-15th centuries, the era of the last Byzantine dynasty, - the Palaiologan on the territory on which they could impose their authority. In this area, coexist various ethnic groups under different political regimes. Two civilizations are faced. The Byzantine civilization in decline, that of the Occident at the eve of the Renaissance. Mutual influences manifest themselves. The relation between positive law and custom or (and) customary law can be approached. In the "Law books" of the Byzantine jurists, we may discern a new approach concerning the classification of the legal contents, a new proposal concerning the codification of a law based on the positive law, on court decisions and customs. In other words, a combination of the two legal systems, which evolved alter the definitive fall of the Byzantine Empire: the Continental legal system, based on positive law and the Anglo-Saxon legal system based on customary law (common law)
Rossinyol, Garsenda. "La piraterie maritime." Nantes, 1996. http://www.theses.fr/1996NANT4005.
Full textPiracy is an ancestral activity which has appeared with the navigation this activity has survived through centuries being more or less confronted to laws and to police order but, the indulgence of the states has permitted pirates to easily develop their activities. The 19th century and the development of maritime technology put a break on this illegal activity; but as everybody thought that this technological evolution will be fatal to this crime against human being. Piracy has known a renewal in the second half of the 20th century. However, is piracy always the same nowadays, has the juridic treatment of the offense evolved? It seems that the jurists have differing point of views about the efficacy of the international conventions. And while the states proved during the 19th century that it was possible to eliminate this plague, how can we explain the current apathy of the international community and specially the apathy of the governments? While they deem that this phenomenon is not enough dangerous to intervene efficiently, the development of transport of goods by sea is auspicious to the upsurge of piracy in many parts of the world
Lefebvre-Chalain, Hélène. "La stratégie normative de l'Organisation maritime internationale (OMI)." Nantes, 2010. http://archive.bu.univ-nantes.fr/pollux/show.action?id=a2bc0cab-b4a4-466b-9060-c1c35cc4be03.
Full textThe Intergovernmental Maritime Consultative Organization (IMCO) was established in 1948 in order to address at a global scale, issues raised by the maritime transport as well as the concern of the most powerful flag to keep their influence in the field. The registries created by the new States following the decolonization and the escape of the ship-owners towards more economic flag slowed down the action of the Organization, highlighting the disadvantages of a decisional system centered on the influence of the shipowners. Major incidents and marine pollutions of the 20th century allowed the slow transformation of the Organization for the development of its normative action. Even if, the organization does not exercise its competence in the economic concerns, when it became the International Maritime Organization (IMO), the political dimension of its work in technical field conferred gradually to it a moral authority based on its expert testimony and its universal vocation. Although modest, the IMO remains the single institution to join together the whole of the actors of the maritime sector and its intervention is paramount. The adoption of universal standards is founded on its capacity to direct the discussion and the negotiation in order to attain a consensus. The inevitable limits of consensus stimulates the improvement of its technique for the adoption of universal standards and maintains a constant evolution which is not always conform of waitings. "Safety, security and effectiveness of navigation on cleaner oceans" are ambitious objectives which pushed it to determine strategic directions and to act within a framework of performance
Eagjariyakorn, Pathaichit. "La responsabilité du transporteur maritime en droit thaïlandais : droit positif et projet de loi." Nantes, 1988. http://www.theses.fr/1988NANT4004.
Full textThis thesis is a study of actual juridical problems concerning the maritime carrier's liability in thai law. These problems are created by the absence of specific rules in this field and by the application of the civil and commercial thai code rules. These difficuties entailed the need of a juridical regime particular to carrier's liability. Face up to the rigime issued from the current project of law, it appears interesting to seek if this regime both juridically and economically is acceptable taking into account the current circumstance of the thai mercantile marine. We should also take into account the world evolution concerning the carrier's liability rules as they are defined in the french law, the Brussels convention of 1924 and the Hambourg convention of 1978. The preliminary part of this study gives a general approach upon the evolution of the maritime carrier's liability and the elaboration of a project of law concerning the carriage of good by sea. As regards the first and second parts of this thesis, they constitue a study of the incidences of the project of law on the conditions and reparation of the carrier's liability in comparison with the french law, the Brussels convention and the Hambourg convention
Merbouh, Kaoutar. "La responsabilité du transporteur maritime de passagers en droit marocain et en droit français." Nantes, 2011. http://www.theses.fr/2011NANT4006.
Full textDuring the last two decades, the passengers’ traffic, and more particularly that of the MRE, passing in transit the Moroccan ports did not stop progressing. Was this economic evolution followed by a protective legal evolution of these consumers of the sea carriage? Opened on two maritime facades, Morocco was equipped since 1919 of a maritime commercial law (DCCM of March 31st, 1919) which was in those days a model on the subject. Since 1975, the Moroccan legislator bent over the code to adopt it in the new national and international economic data. The comparison of the Moroccan law with the community law, in particular French law, allows us to estimate our law with regard to the new aspects of the law of passengers by sea route. The study of the liability of the carrier consists in determining its foundation and the modalities of its implementation. The liability of the sea passengers’ carrier upstream and downstream to the sea transport bases on rules established both by the internal legislators and the international or regional legislator. At first, the study of the notion, the formation or the breach, and the execution of the contract of transport will allow to determine the conditions of liability of the carrier in case of the death of or personal injury to a passenger, material damage or immaterial damage further to the delay. Then, the will of the compensation activated by the injured passenger is translated by the implementation of the liability of the sea carrier. Settles, finally, the question to know if the studied maritime legislations they offer to the maritime passenger the same protection as his air and ground counterpart? The evolution of the law of maritime passengers being inevitable, future prospects make is to be envisaged
Eagjariyakorn, Pathaichit. "La Responsabilité du transporteur maritime en droit thaïlandais droit positif et projet de loi /." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37613440n.
Full textOh, Young Joo. "Les sûretés réelles sur le navire, l'étude comparative entre le droit continental (droit français et coréen) et la Common law (droit anglais et américain)." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D001.
Full textThe security interests on the ship (which has an enormous value and an essential function for the maritime activity) present a peculiarity in comparison with those on chattels, in continental law as well as in Common law. First, it concerns the conventional security interests - the maritime hypothec (French and Korean law), the statutory ship mortgage (English law) and the preferred ship mortgage (American law), which are the result of each country's efforts to improve the maritime financing. Second, it concerns the privilege maritime/maritime lien (the legal security right) which occurs automatically on the ship for certain claims generally related to its exploitation (which differ in each country). ln fact, each country has tried to qualify its particular legal nature and its necessity, for example by the maritime patrimony theory, by the theory of the personification of the ship, or in a relation with the action in rem etc. The prerogatives of the holders of these security interests as well as the modes, procedures and conditions for exercising them are different from country to country. For the holders of security interests on the ship, the possibility of immobilization of that ship in a foreign port (Korea and the United States, not parties to any Arrest Convention), the possibility of being recognized as such security interests, and the type and number of other priority claims (Korea, the United States and England, not parties to any Convention on maritime liens and mortgages) are important issues and the responses vary considerably depending on the countries (in particular under their private international law)
Gouin, Anne-Paule. "Transport maritime à courte distance et droit communautaire." Nice, 2007. http://www.theses.fr/2007NICE0035.
Full textThis thesis identifies the legal concepts relating to short sea shipping and concludes this transport activity is regulated within the legal framework of the European Community. The nature of short sea shipping justifies this legal arrangement. It contributes not only to the fulfilling of the Community objectives on the environment but also to the emerging concept of territorial cohesion. The legal framework is based on the Common Transport Policy and its emphasis on the liberalisation of the European shipping industry, but with specific adjustments made to take into account the special nature of short sea shipping. The promotion of this activity leads to the creation of accompanying regulation which conflict with Community objectives on free and undistorted competition. Moreover, the activity of short sea shipping extends outside of Community territory. This thesis analyses the respective distribution of Member States and Commmunity competences, both in the respect of the principles of subsidiarity and proportionality, as well as external responsibilities. The Community law applicable to short sea shipping has therefore been written specifically to integrate into the legal framework of the Community
Bernard, Bleunvenn. "Le droit maritime et l'épreuve de ses sources." Thesis, Brest, 2012. http://www.theses.fr/2012BRES0083/document.
Full textNo
Tanoh, Marie Madeleine. "Le transport maritime de substances nocives et potentiellement dangereuses, l'assurabilité du risque." Nantes, 1996. http://www.theses.fr/1996NANT4008.
Full textTHE VERY DIVERSITY OF HAZARDOUS AND NOCIOUS SUBSTANCES (HNS), AS WELL IN THEIR PHYSICAL FEATURES AS IN THE NATURE AND THE MAGNITUDE OF RISKS THEY CREATE AFFECTS THEIR CONCEPTUALIZATION, AND CONSEQUENTLY THE SCOPE OF RULES GOVERNING THEM. AS THEY ARE USUALY CARRIED BY SEA WAY IN THE FRAMEWORK OF INTERNATIONAL TRADE, SHIPPING TENDS TO RAISE MAGNITUDE OF SCARED HARMS BECAUSE ITS OWN RISKS FACTORS CAN NOT COMPLETELY BE UNDER-CONTROL. IN THIS MATTER, AVAIBLE COMPENSATION RULES COME FROM BOTH SPECIAL CONVENTIONS (ABOUT NUCLEAR AND OIL POLLUTION DAMAGES) AND GENERAL CONVENTIONS ABOUT SHIP OWNER'S LIABILITY. BUT THEY DO NOT ALLOW SUFFICIENT INDEMNITY FOR THE CONSIDERED DAMAGE AND THEY ALSO COMPROMISE THE EFFICIENCY OF THE PARTICULARY HNS CONVENTION WHICH INTERNATIONAL MARITIME ORGANIZATION HAS BEEN TRYING TO SET UP SINCE 1979. HOWEVER A GLOBAL MANAGEMENT SYSTEM COULD OVERCOME LIMITS TO INSURABILITY. BUT A MODERATE INTEGRATION OF ECOLOGICAL ETHICS IS REQUIRED TO SOLVE THE POLLUTION PROBLEM WITHOUT UNDER-ESTIMATE ECONOMICAL NECESSITY. PREVENTIVE RULES MIGHT ALSO BE strengthENED BY EFFECTIVE CONTROLE AND SANCTION AND IMPROVEMENT OF CIVIL LIABITY RULES. INSURER CAN CONTROL THE RISK AND BE ABLE TO COMPENSATE A LARGER FIELD OF LOSS IF HE PRATICS "RISKS MANAGEMENT". WE MUST NEVERTHELESS ADMIT THAT THE SUCCESS OF THIS SYSTEM IS DEPENDANT ON THE INDUSTRIALS AND STATES INTENTION. SO AN EVOLUTION OF LOW IS EXPECTED TO FORCE MODERATE BEHAVIOR SO THAT THE RISK WILL NOT BE ABSOLUTELY ININSURABLE
Kpoahoun, Amoussou Aubin. "Les clauses attributives de compétence dans le transport maritime de marchandises." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32050.
Full textBonthoux, Jean-Pierre. "L'Arctique et le droit international." Paris 10, 1992. http://www.theses.fr/1992PA100067.
Full textThe "age of the arctic" has come. This region is now the center of economical, strategical and ecological stakes, which increase the risks of territorial and maritime conflicts and consequently the need of rules to solve them. The settlement of territorial sovereignty over the land and islands in the arctic regions led to the construction of the "sector theory". But this theory can not be extended to the maritime areas where the general law of the sea is applicable, although several arctic states pretend to extensive jurisdiction based upon the specificity of the arctic. If these particularities of the Arctic Ocean can not be denied, they do not allow drastic derogations but only appropriate adjustments
Wiegard, Gunda. "Die Geschichte der Klagefrist des Art. 1648 C. Civ. In der Fassung von 1804 im Vergleich mit der Entwicklung des § 477 Abs. 1 S. 1 BGB in der Fassung von 1900." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_wiegard_g.pdf.
Full textThe aedilitian edicts provided in Rome a protection against goods with hidden deficiency. In general, the purchaser of a slave or cattle had six month for introducing the actio redhibitoria and one year for the quanto minoris. Some questions concerning these rules still await an answer: Which is the significance of Gai. D. 21, 1, 28, Ulp. D. 21, 1, 19, 6 and Pap. 21, 1, 55, and what is the relation between these fragments? How did the perception of these texts change between the 2nd century AD and the 6th century AD, when under Justinian the compilation of the code and the digests were accomplished? How did the later Byzantine law transform these prescription rules into national law? The first part of the thesis tries to clarify these points. The second part is dealing with the development in France: Starting with leges (Romanae) barbarorum and ending with modern law, what kind of aedilitian laws are known in French law, i. E. In the royal law, the coutumes and usages, and discussed in French literature? Which was the role of Roman law in France that the fathers of the Code civil in 1804 finally voted for the term bref délai in art. 1648 C. Civ and what is the meaning of bref délai? The third part summarizes the history of the aedilitian laws in Germany, starting with leges (Romanae) barbarorum and ending with modern law. § 477 BGB is closer to the Roman law, but contains some elements from the German regional law. The emphasis of this part lies on the differences in the development in Germany compared with the situation in France
Aboussoror, Abdellah. "L'exécution du contrat de transport maritime de marchandises en droit marocain et en droit français." Nantes, 1999. http://www.theses.fr/1999NANT4016.
Full textOvadia, Simon. "La Responsabilité du transporteur en droit aérien et en droit maritime un essai de synthèse." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37600212x.
Full textDhimni, Mohammed. "Le droit de passage inoffensif : étude en droit international de la mer." Rouen, 1989. http://www.theses.fr/1989ROUEL071.
Full textThe law of the sea has for centuries been forming around the freedom of navigation, for the seas, among all communication ways, is the one for which the regime of freedom is the most fit for communication ends. Although, the freedom is fully recognized in high seas, which evade any state sovereignty, international law has evolved the principle of innocent passage through foreign territorial waters so as to prevent ships from perpetual wandering in high seas. This study tries to present this principle. It deals with its emergence in the practices of states, its legal character, the maritime areas wherein it can be exercized, the ships that are entitled to use it and conditions of its exercise
Royer-Fleury, Agnès. "Essai d'une théorie juridique du connaissement et des autres titres de transport maritime." Nantes, 2004. http://www.theses.fr/2004NANT4025.
Full textThe Bill of Lading has an hybrid juridical nature, witch concerns the maritime transport title and representative of the goods title as well. In this way the Bill of Lading ensures documentary security of the international maritime trade. Nevertheless, the Bill of Lading is confronted with twofold contemporary challenge. On the one hand, thanks to the containerization, the maritime world is entering into a new era, favoring the appearance of some new operators (consortia and NVOCC) which send out "Bills of Lading". Moreover, for escaping from the formalism of the Bill of Lading, professionnals created new maritime transport documents, taking part in a documentary confusion. On the other hand, the Bill of Lading could not be the single bastion of the documentary system. The computerization of the Bill of Lading needs probative value of the computerized documents to be acknowledged. In this respects, documentary security forms the subject of a juridical regulation