Academic literature on the topic 'Droit patrimonial - France'
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Journal articles on the topic "Droit patrimonial - France"
Bellivier, Florence. "Commentaire de larticle de Sue Farran du point de vue du droit français." European Review of Private Law 19, Issue 2 (April 1, 2011): 275–81. http://dx.doi.org/10.54648/erpl2011016.
Full textDegros, Éric B. "Accessibilité et droit français." Tourisme et handicap 32, no. 2 (June 8, 2016): 96–103. http://dx.doi.org/10.7202/1036599ar.
Full textParent, France, and Geneviève Postolec. "Quand Thémis rencontre Clio: les femmes et le droit en Nouvelle-France." Les Cahiers de droit 36, no. 1 (April 12, 2005): 293–318. http://dx.doi.org/10.7202/043330ar.
Full textArroyo I Amayuelas, Esther. "Le pluralisme de l’ordonnancement civil en Espagne et le droit civil en vigueur en Catalogne." Revue générale de droit 29, no. 4 (March 11, 2016): 411–47. http://dx.doi.org/10.7202/1035645ar.
Full textDaniel, Christophe, Jesus Herell Nze Obame, Bruno Séjourné, Anne Lavigne, Christian Tagne, and Stéphane Mottet. "L’équivalent patrimonial des droits à la retraite en France." Revue de l'OFCE 149, no. 5 (2016): 5. http://dx.doi.org/10.3917/reof.149.0005.
Full textGoncharova, Alina, and Fabienne Labelle-Pichevin. "Le testament, outil de planification de la succession internationale. Le cas des Ukrainiens protégés temporairement en France." Revue critique de droit international privé N° 3, no. 3 (February 2, 2024): 589–605. http://dx.doi.org/10.3917/rcdip.233.0589.
Full textHomans, Grégory. "Planification patrimoniale franco-belge : les atouts d’une fondation privée de droit belge." Revue internationale du patrimoine N° 8, no. 2 (May 3, 2021): 56–68. http://dx.doi.org/10.3917/ripa.008.0056.
Full textBerlinguer, Aldo. "The Italian Road to Trusts." European Review of Private Law 15, Issue 4 (August 1, 2007): 533–53. http://dx.doi.org/10.54648/erpl2007030.
Full textBarbe, Noël, and Jean-Christophe Sevin. "Les ancêtres, l’esclavage, la Négritude et l’art africain dans une Maison : politique du patrimoine et altérité." Alterstice 5, no. 2 (June 8, 2016): 63–78. http://dx.doi.org/10.7202/1036692ar.
Full textRifflart, Christine. "Cycle immobilier et politique du logement : comparaison internationale et étude du cas britannique." Revue de l'OFCE 52, no. 1 (January 1, 1995): 105–35. http://dx.doi.org/10.3917/reof.p1995.52n1.0105.
Full textDissertations / Theses on the topic "Droit patrimonial - France"
Maerten, Laurent. "Le trust patrimonial angloaméricain en droit privé français." Paris 2, 1990. http://www.theses.fr/1990PA020163.
Full textAn anglo-american private trust is an intentionnally created relationship with regard to any form of property in which the legal tries is in a person, the "trustee", who may exercise all the power with respect to the property, without having the benefits of ownership+ the beneficial ownership or equitable title is in the "beneficiary". Another way of looking at it is to focus at the division of the property between the "trustee" and the "beneficiary", the settlor giving up his equitable and legal interests in it. This fragmentation of ownership, unknown under french law, may rise choice-of-law difficulties. In going beyond the solution of assimilation of the anglo-american trust into domestic analogous institutions, french judges open the way to recognise the trust as such as a matter of private international law. According to the hague convention of i july 1985 on the law applicable to trust and their recognition, which also adopts this solution, the "settlor" is free to choose the applicable law, provided that he does not use the anglo-american device to subvert important policies of the forum, which might be french law
Allain, Laurence. "Droit patrimonial de la famille et procédures collectives de paiement." Lille 2, 2003. http://www.theses.fr/2003LIL20016.
Full textThe french conception of heritage excludes the fact that an individual contractor may have a profesional heritage assignment. From the outset, in the case of collective procedures, all his rights including family ones would be taken into account to decide the outcome of the compagny. Family heritage rights and compagny rights in difficulty prove to have an indentity claim : the contractor's heritage. From the start, the application of both proceedings concerning a sole right may turn out to be conflictive. Having determined the extent of the creditor's pledge, a study is made of their rights to take out a lawsuit to adopt solutions diametrically opposed that the rights of compagnies in difficulty have stolidly applied. One would then propose re-organising the individual contractor's heritage starting with studying the concepts of power ans judicial universility, thus suggesting the bilateral re-establishement of réserved common rignts and recognition of regulation individual compagnies
Chamoulaud-Trapiers, Annie. "Les fruits et revenus en droit patrimonial de la famille." Limoges, 1997. http://www.theses.fr/1997LIMO0453.
Full textIn patrimontal family law, the fruits and incomes used to be considered as less important elements in the patrimony. They were intented to be used. Nowadays such a representation is out of date. Henceforth the fruits and incomes have been integrated fully into patrimony. The fact that their patrimonial consistency has been taken into account has already been witnessed with the analysis of the qualification of such property. This also manifests itself in the limits of presumed consumption which for years characterized their regime. Their patrimonial importance justifies that from now on they should be tightly linked to the person : they guarantee their independence. The legislator gives more and more control to the individual over their fruits and incomes. Thus the law of december 23rd 1985 has produced very liberating rules regarding the powers given to a married person on their incomes whether they want to spend or bind them. This movement is even more emphasized as regards earnings : this has progressed from the idea that earnings must be directly linked to the individual who has carried out his work. Today the law acknowledges that an individual should be allowed to claim substitutions for their incomes after devoting their energies - ether by a job or a non-professional but exceptional work - to the interests of their family
Brun, Anne-Sophie. "Contribution à la découverte d'un droit commun patrimonial du couple." Grenoble 2, 2003. http://www.theses.fr/2003GRE21017.
Full textMonget, Quentin. "Les mutations du statut patrimonial des couples." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0003.
Full textMany French couples today move from cohabitation to civil partnership, then from civil partnership to marriage, which are the three forms of conjugality offered by contemporary law. Each has its own specific property status (providing for the division of assets and debts, establishing social and tax effects, etc.). But these statuses are in a state of flux,with countless legal and case law changes being made. What are these changes ? How far should they continue ? That is the purpose of this study. It sets itself apart by putting into perspective the idea that a common law governing couples will emerge : it notes that, even if a phenomenon of convergence is at work, other developments are tending to increase certain differences between conjugal relationships. It then shows that positive law is structured on the model of a gradation. The more a couple chooses a stable and committed conjugal relationship, the more their property status becomes exorbitant, communal and protective. Lovers are thus encouraged to embark on a path marked out by predetermined stages (romantic relationship, moving in, civil partnership, marriage) that can be called iter copulae ; thismodel is in line not only with positive law, but also with modern sociological reality. The study summarises current developments. It suggests deepening them where they are incomplete, tempering them where they are excessive, and enshrining them where they are praetorian. The study is interspersed with proposals for reform, all designed to put positive law on a sustainable footing, since it is more in tune with modern aspirations
Lucas, Christine. "Du contrat de famille à la famille contractuelle : étude de droit extra-patrimonial." Poitiers, 2000. http://www.theses.fr/2000POIT3027.
Full textKarimzadeh, Meibodi Golnaz. "La subrogation réelle en droit patrimonial de la famille." Electronic Thesis or Diss., Strasbourg, 2021. http://www.theses.fr/2021STRAA006.
Full textFrench law recognizes two types of subrogation : personal subrogation and real subrogation. Although it has been the subject of significant works, the real subrogation remains much less well known than personal subrogation. The patrimonial family law is the main field of the real subrogation. It is, in fact, provided by many special texts of the civil Code in various institutions of patrimonial family law, and accepted by the extensive case law of the Supreme Court. Though it lacks a general theory because of the extreme diversity of its applications as well as the limits imposed by its classical conception resulting from Roman law. However, the theory of value allocation, which appeared at the end of the 19th century, widened its field of application and thus released it from the narrow framework set by the civil Code. This theory recognized the real subrogation as a true legal reality capable of being understood under a uniform concept which is subjected to a coherent legal regime
Béguin, Céline. "Les contrats d'assurance sur la vie et le droit patrimonial de la famille." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020087.
Full textProhibited two centuries ago, life insurance is now the mainstay of the Frencheconomy. At the crossroad of several legal areas, the study of life insuranceshould consider both the policy holder’s and the beneficiary’s families. Despite the fact that the French Insurance Code ignores, more often than not, familyrelationships, the legal rules applied to couples, heirs and creditors areinterfering with insurance law. So too do tax law and legal incapacities.Nowadays, life insurance plays a key-role in assets management and estateplanning. Several types of contracts are in use. New types of contracts, suchas universal life, annuities and unit-linked insurance plan, are savings vehicles.This evolution has completely renewed the life insurance market. Twocategories emerge among Life-based contracts. First, there are protection policies, which are designed to provide a benefit at the insured's death, such as term life and permanent life insurance. Investment policies are the second type. Their main objective is to facilitate the growth of a capital by paying single or flexible premiums ; they are the core activity of insurers. This study aims to assess the impact of this diverse range of contracts on family law. Articles L. 132-12 to 17 of the Insurance code were originally enacted to regulate term and permanent life insurance. It is a contradiction in terms to apply these provisions to the new types of contracts, which are pure savings vehicles. It was necessary to critically analyse how the Civil Code fills in the gaps left by the Insurance Code. Suggestions are made to adjust the legal regime to the wide diversity of life insurance contracts
Karam, Marie-Line. "Le rôle de la volonté en droit extrapatrimonial et patrimonial de la famille : Etude du droit international privé français et du droit des pays multiconfessionnels." Paris 2, 2007. http://www.theses.fr/2007PA020018.
Full textCappellari, Anaëlle. "L'influence du droit de la santé sur le droit extra-patrimonial de la famille : repenser le droit français à la lumière du droit suisse." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1071.
Full textHealth law regulates medical activity. By giving a legal framework to several medical acts, such as ART, abortion, DNA identification or donations of components and products of the human body, it influences extrapatrimonial family law. This influence is undeniably protean as it is exerted on both the definition and the legal regime of family ties. In its quest for improving knowledge of legal systems, French-Swiss comparative law can reveal and explain the manner in which this influence is expressed. In France, health law often plays a leading role, thus subverting traditional family law concepts and sometimes leading to inconsistencies. Health law and family law are usually viewed separately, with health law often taking an autonomous stance. In Switzerland, on the other hand, health law frequently draws on preexisting civil and family law concepts. Most of the time, these two fields of law are thought of together. This analysis incites us to rebuild French law in the light of Swiss law. The influence of health law on extrapatrimonial family law must be rethought, by taking into account the goal of each legal rule. The specificity of medical acts pursuing family interests justifies confining health law to a technical role, following the evolution of family law. Health law must be a tool for family law. However, health law can complement family law when it comes to the determination of family rights and duties. This complementarity is expressed either through the articulation of both branches of law when common goals are visible, or through the search for criteria capable of reconciling the conflicting goals pursued by these two subjects