Dissertations / Theses on the topic 'Droit patrimonial - France'
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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
Arej-Saade, Nadim. "L'autonomie de la volonté et ses limites en droit patrimonial de la famille : analyse de droit comparé franco-libanais." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30037/document.
Full textAutonomy of the will – French-Lebanese comparative law – Autonomy of the will in the patrimonial family law – Autonomy of the will's reach – French patrimonial family law – Lebanese patrimonial family law – Donations in Lebanese law – Donations in French law – Estate law – French estate law – Lebanese estate law – estate law for the non-Muslims in Lebanon – estate law for Muslims in Lebanon – Matrimonial regimes law – French matrimonial regimes law – Lebanese matrimonial regimes law – Change of matrimonial regimes – Marriage – Marriage in France – PACS – Concubinage – Marriage in Lebanon – Religious marriage in Lebanon – Civil marriage in Lebanon – Lebanese personal status – the limits of the autonomy of the will – French estate public order – French matrimonial public order – Lebanese estate public order – Lebanese matrimonial public order – Inheritance reserved portion in French law – Inheritance reserved portion in Lebanese law – Prohibition of pacts on future succession in French law - Prohibition of pacts on future succession in Lebanese law – Gradual end residual donations – Banking secrecy in Lebanon – TRUST – Disguise – Life-insurance – Matrimonial benefits – Irrevocable mandate in Lebanese law – Posthumous mandate – Civil real estate company
Bonnes-Aguilar, Caroline. "L'intérêt patrimonial de l'enfant au sein des familles recomposées." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0551/document.
Full textThe concept of family has deeply changed over the last decades. Along with the idea of a traditional family, and the different family patterns that have multiplied over the years, these new entities have radically modified the legal structure that the 1804 Civil Code had built. However, children still remain at the heart of the concept of family because, more than ever before, they concretely make family. If the child’s legal condition has been reinforced over the past centuries so as to be fully operational now, the ongoing rise of step families and reconstituted families highlight the lack of legal regime regarding a child’s situation coming from one of these two kind of families. The absence of direct line of descent between the step father and his step child can lead to potential troubles to his legacy. In this paper, two aspects regarding the safety of a child’s legacy coming from non-traditional family schemes will be tackled: the legal regime enforced for reconstituted families, and the legal regime that this same type of family would desire to benefit from for the sake of their step child. Thus, de lege data, what are the main mechanisms enforcing the legal regime tackling the child’s legacy from a non-traditional family? And what would be, de lege ferenda, the required tools so as to perform a better comprehensive analysis of what his legacy requires in this specific scheme? Should the legislator interfere more or allow a wider development of contracts law for family matters?
Douadjia, Menad. "Le conseil patrimonial immobilier : essai sur le devoir de conseil et l'opération de vente d'immeuble." Electronic Thesis or Diss., Tours, 2023. http://www.theses.fr/2023TOUR1002.
Full textUntil now, as far as I know, no particular work has been carried out on real estate advice in French law. This thesis is intended for in particular to an overall study of the duty of advice in real estate matters. The objective of this thesis is to demonstrate the independence of the duty of advice and to prove its autonomy as a legal concept. The main difficulty lies in its definition. Traditionally referred to as a higher level of information and presented as a different level of warning, which is also considered a level of information. This duty is essentially characterized by the exclusive quality of its debtor who must be a professional specialized in a specific field relating to real estate. Therefore, we cannot speak of such duty apart from this quality. At first sight, this work is limited to the operation of sale of building. As such, the debtor is required to direct and guide his client, whether in the context of a main contract for the sale of property, the source of the duty to advise, or a contract for the provision of services, which has as its main objective the conclusion of a contract for the sale of real estate. In theory, the definition of the duty of advice, in particular that inherent in the sale of real estate, seems to be clear and precise. In practice, all the difficulty lies in determining its boundaries that distinguish it from other degrees of information. To do this research works, it was first proceeded to a preliminary analysis of the judgments of the Court of Cassation, which demonstrates the different dimensions of this duty according to its extensible content and its variable intensity. This analysis has made in evidence the constant function of the duty of advice which can be fortified more and more because of its essence. This process then made it possible to determine the main criteria that characterize this professional’s duty and examine its scope in the different stages of the building sale. This same process allows to wonder about the emergence of an autonomous conception of the duty of advice which may change its dimension when it covers all real estate matters
Nguyen, Thi My Hanh. "Le statut patrimonial du chef d'entreprise individuelle marié sous un régime de communauté en droit comparé vietnamo-français." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3025.
Full textThe exercise of a profession in an individual capacity allows the entrepreneur to enjoy a great freedom of management, but he must incur unlimited liability on all of his property. In case of marriage under a community regime, the common property of the spouses is likely to be seized by the professional creditors. This finding is affirmed by both legislators Vietnamese and French. Also, the question of protecting the personal patrimony of the individual entrepreneur and that of his family is the main concern of our study. Is the community regime an ideal matrimonial regime for the individual entrepreneur? If not, which measures can he put in place to protect his patrimony? It is this problem that our study "the patrimonial status of the individual entrepreneur married under community regime in Vietnamese-French comparative law" will attempt to provide answers. The comparative study is limited to the case of the individual entrepreneur at the civil level by demonstrating the convergences and divergences as well as the strengths and weaknesses of both laws, thus allowing us to identify perspectives for both legal systems. Our study concerns, on the one hand, the incompatibility of the community regime with the exercise of a profession of the individual entrepreneur with or without the participation of his spouse without ignoring the legitimate rights and interests of the professional creditors; on the other hand, the analysis of the various measures of protecting the patrimony of the individual entrepreneur in both matrimonial regime law and business law
Baumann, Carole Marie-Paule. "Essai sur la détermination d'un statut patrimonial protecteur du conjoint survivant : étude comparative des droits français, allemand et anglais." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30028.
Full textThe twentieth century was the theatre of a continuous contracting of the family group around its core developing the place of surviving spouse. However, its social statute always does not have to him permais to reach a successional statute. Even if Germany and England quickly granted a place of favour to him, it were necessary to await the law of december 3, 2001, so that the successional rights of french spouse surviving are revalorized. But did this marital promotion set up a protective structured successional statute of surviving spouse or they are only new scattered improvements? If such a statute exists, how is it located compared to its equivalents german and english? The patrimonial protection of the spouse surviving is in the middle of the comparative study of the french, german and english legislations. Whatever the studied legislation, the determination of this statute is carried out thus around two axes : legal protection and the voluntary protection of the surviving spouse
Laurent-Bonne, Nicolas. "Les donations entre époux : doctrine, coutumes et législation (XIIe-XVIe siècle)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020064.
Full textImmediately following the juridical renaissance of the 12th century and the rediscovery of the Justinian codification of Roman law, medieval jurists were committed to creating a general principle prohibiting donations between spouses. As early as the first half of the 13th century, however, civil law experts and canonists modulated the restrictions, thereby moving from strict prohibition to a simple system of revocability. French practitioners, responding to requests from married people concerned to protect their surviving spouse, contributed to weakening the constraints of Roman and canon law; promissory oaths, renunciation clauses and donations through an intermediary comprised such contrivances, which were sometimes even improvised and fraudulent. Despite this long doctrinal slide and the palliatives drawn up by notaries, such interdictions persisted over a long period of time in most territorial legislations, redrafted and repeatedly reformed according to the standards of Roman law from the high Middle Ages to the beginning of the modern times
Seropyan, Sevane. "De l'autonomie patrimoniale en droit des sociétés : Autonomie patrimoniale et personnalité morale." Nice, 2002. http://www.theses.fr/2002NICE0035.
Full textComparing the subjective theory of patrimony to the modernity of its implementations requires to adopt an innovative questioning about the separation between partners' private patrimony and the property of limited companies. More than being a consequence of personality, the benefit of independent patrimony becomes a condition of effectiveness for the activities of firms. However, limited companies have imperfections. On the one hand, this separation between personal and commercial patrimonies may sometimes be imperfect, or it may even not exist. On the other hand, certain groups made of people, real estates and movable properties reach patrimonal autonomy, and none of these groups are companies. Thus, personality is not a perfect nor a unique way to bring independence to a sum of goods. Currently, patrimonial autonomy contests the classical theory of unity and indivisibility of patrimony because of the following three statements : first, when patrimonial autonomy is combined with moral personality, it is altered. Then, it sometimes does not exist in spite of the previous association. Finally, it is present even though it is detached from any personality. .
Masson, David. "Les droits patrimoniaux de l'auteur à l'épreuve de la communication au public : pour une nouvelle "cristallisation" des droits ?" Montpellier 1, 1997. http://www.theses.fr/1997MON10031.
Full textSenne, Emilie. "Les droits patrimoniaux du conjoint survivant." Paris 2, 2003. http://www.theses.fr/2003PA020075.
Full textVillet, Luc. "Les relations patrimoniales dans les familles recomposées." Nantes, 2001. http://www.theses.fr/2001NANT4002.
Full textThe patrimonial relations in the recomposed families are marked on a side by a certain mistrust, and on another side by a will of recognition which runs up against the substantive law. Mistrust in the partimonial relations, comes first of all from the influence from last on the family second. The dissolution of the former union indeed has patrimonial consequences of which it will be necessary to hold account in the organiszation of the inheritance of the new couple. The influence of the past, it is also the mistrust of the legislator with regard to this new partimonial organization, withthe installation of a protective mode for the children resulting from a first bed. But mistrust also comes from the precariousness of these patrimonial relations with, in a general way, the legal documents likely to reduce the rights of the children, and a special way, in the recomposed families resulting from a marriage or remariage, the risks related to a change of marriage settlement. However, beside this mistrust, almost traditionnal, a will of recognition of the patrimonial relations in the recomposed families continues today. This recognition passes initially by a greater freedom, than it acts of gratifier the childre,, including the children of the spouse or boyfriend, or than it is a question of creating a link of filiation with this last, by carrying out a true choice and not a choice dictated by tax considerations. But the recognition, it is as more equality in the recomposed families, and first of all more equality between the children, as it acts of the devolution of the goods at the time of the death of their author, or the distribution of the goods at the time of liberalities. It is then more equality between the recomposed families and the other famillies, by the recognition of the emotional relationship and the improvement of the existing legal rules, so that the patrimonial relations in the recomposed families can be fully expressed, without calculations nor artifices
Cristini, Tuloup Elisabeth. "Le rôle du juge dans l'organisation patrimoniale de la famille." Nice, 1995. http://www.theses.fr/1995NICE0013.
Full textSerra, Guillaume. "Enrichissement injuste et rééquilibrages patrimoniaux au sein des couples désunis." Lille 2, 2003. http://www.theses.fr/2003LIL20028.
Full textWhen reviewing a financial settlement for a couple, one notices that the law does not allow unjust enrichment. Thus, the purpose of financial balancing is to achieve an equility between couple members. This review aims at comparing the balancing process to what the rule is under law (de jure lata) and to what the rule should be (de jure ferenda). Indeed, pursuing a coherent policy requires one to consider an hierarchy among various form of couples. To do otherwise, by strict application of a hard rule of law, would create devastating effects. The nature of the couples' relationship and commitment must determine the degree of balancing, because each person's legal and financial rights are directly related to their respective obligations. This concept leads to the gradation of effects between marriage, registered partnerships and cohabitation. It is the enforcement of what the French refer to as " Pas de droit sans devoir " (No right without duty). This is the personal and original vision that my thesis offers
Gerbi, Laurent. "L'optimisation patrimoniale à l'épreuve des risques d'organisation d'insolvabilité (aspects de droit interne français)." Paris 9, 2006. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2006PA090033.
Full textPatrimonial optimization can be definied as the anticipated research of the best technics to decreasing taxation, building a retirement earn, or having fruits from patrimony and passing it on in advantageous conditions. In this way the creation of patrimonials assemblies is only limited by the legal into inforce. But wealth management can sometimes cross the legal border, when a debtor tries to organise his « insolvency ». Indeed this diverse notion from a French normative point of view, can enter into conflict with the one of patrimonial « optimization », as the border that separates these two concepts is thiny. According to this should be analyse the different law technics of managing a patrimony, in a legal and praiseworthy way, and organised insolvency to determine a breaking point with legality. The purpose is to give a physical person the opportunity of managing his goods knowing the effects of his acts
Belabbas, Abdelmadjid. "L'incapacité juridique des mineurs non émancipés en matière patrimoniale : pour une approche au travers du droit des obligations." Saint-Etienne, 2000. http://www.theses.fr/2000STETT064.
Full textKati-Kati, Hamba. "Les pratiques patrimoniales dans et hors du droit positif : le cas des Congolais de France." Paris 1, 2001. http://www.theses.fr/2001PA010292.
Full textPapatheodorou, Thémistoklis A. "La protection juridictionnelle des droits incorporels patrimoniaux dans les droits publics français et grec." Paris 2, 2010. http://www.theses.fr/2010PA020004.
Full textThuegaz, Aurélie. "Le droit français à et sur l'image : comparaison au droit anglais." Paris 1, 2012. http://www.theses.fr/2012PA010323.
Full textMogade-Saint, Auret Willy. "La cession entre proches." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D085.
Full textThe system of transfer of the corporate holdings of the company applicable between members of the same family is certainly privileged. But the legislator only takes into account some of them namely, ascendants, descendants and some collaterals. However, shares or stocks are part of the family's patrimonial assets. This incorporation serves as a pretext for better management of the family patrimony, but also for its transfer within the family. The often unstated aim is the sustainability of the family business within the family. However, legislator still does not recognize all types of contemporary family patterns. And for good reason, the notion of family is not defined in law. Yet this definition would be very useful to submit the transfers between relatives to a specific regime. The consequence is that business practice has developed a lot of rules to allow family partners to either stay together in society or get out of it. Indeed, the vagaries of family life command shares disposal. These are often extra-statutory pacts that serve as a support for the sale of securities. The problem is that they only commit their signatories. In other words, non-signatory family members of these pacts are not affected by them. Yet they are part of the same company and the same family. Can they raise a challenge in court? Because in many ways, these pacts are often on the borderline of illegality, including the prohibition of pacts respecting a future succession. Could the transferor's freedom of assignment be prevented in the context of a family company? The element of response is undoubtedly in the consecration of the family pact, a new independent legal tool designed to effectively supplement the company statutes
El, Sayed Shehata Mohamed. "La titularité initiale des droits patrimoniaux de l'auteur sur les oeuvres de l'esprit : étude comparative des droits positifs français et égyptien." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10020.
Full textThe destination of French and Egyptian lawmakers, is above all, protect the authors. The legislation contains numerous provisions scattered forces and to derogate from common law, particularly that of contracts, to better defend the moral and material interests of authors. This necessarily affects the initial allocation of ownership rights over the works of the mind. Logical consequence of this, the true creator of the work of the mind has ab initio all rights to his work, and this, whatever the legal and material conditions in which they exercise their creative activity. However, it is appropriate to share many assumptions in which the allocation of ownership rights over the works of the mind can raise, even under the current law of intellectual property in France and Egypt, difficulties. These include, for example, the hypothesis of a work published anonymously or pseudonymously. Also, the case of works created in collaboration or in the community under the direction of another person. Similarly, it is often the work is done the authors or teams of writers within the framework of an employment contract or the fact of state officials. Even if the author is an independent, it is clear that a large number of works created on commission or by a person designed and directed by another person. It should also consider the potential impact of the marriage of the author under a community as to the ownership of rights. These assumptions do they have a real impact on the allocation of initial ownership of rights to the author ?
Da, Silva Valérie. "De l'incapacité à la protection en matière personnelle." Paris 1, 2010. http://www.theses.fr/2010PA010268.
Full textTagne, Christian. "Les pensions de réversion en France : Equivalent Patrimonial des Droits à la Retraite, impacts des réformes et niveau de vie des pensionné(e)s." Thesis, Orléans, 2017. http://www.theses.fr/2017ORLE0507.
Full textThis thesis examines survivors’ pensions in France by focusing on the implicit patrimonial dimension of pension rights. Indeed, pension rights are a component of the wealth of insured persons, considered as an implicit saving also called Pension wealth (PW). After examining in Chapter 1 the wide heterogeneity of rules governing the openness and service of survivors’ pensions between schemes, as well as the logic underlying survivors’ pensions between the private and public sectors, we show, in Chapter 2, that calculated Pension wealth is higher on average in public sector schemes due to the higher qualifications of the spouses deceased in these schemes and the more favorable retirement benefit conditions. Moreover, inequality in the distribution of Pension wealth is smaller than that generally observed on the real wealth of households, but Pension wealth is distributed differently according to the previous sector of activity of the deceased spouse. On the other hand, several factors, other than the survivor’s pension, would explain the level of Pension wealth. In Chapter 3, we show that the increase in the duration of insurance caused by the 1993 and 2003 reforms has significantly reduced Pension wealth for derived pensioners right whose deceased spouse had validated at least 60 quarters of contribution, but was affected by thoses measures.Finally, in Chapter 4, we show that survivors’ schemes on average allow widows and widowers to maintain their standard of living prior to the death of their spouses, although there are differences depending on whether the deceased was a private sector executive, a non-executive wage earner or a civil servant of the State
Almeras, Renaud. "De bonis damnatorum : les biens du condamné dans l'ancien droit." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD062.
Full textDestiny of the goods of the delinquent always requested attention of the lawyers especially in former law. These goods are naturally asserted by Treasure as patrimonial penalty which were fixed by the repressive jurisdictions. However, certain mechanisms will limit the claims of Treasure which could appear abusive.In the same way, the close relations and the beneficiaries of condemned person defend their own right on the goods concerned by confiscation. They estimate that they have not be injured by a crime they did not commit. However, their proximity with the delinquent can make them suspect, and in any case suppress theirs rights
Guennad, Smain. "Le préjudice moral des personnes morales." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020035.
Full textAs they face a growing number of commercial torts, and their inalility to manage them, companies are no longer able to obtain effective compensation for property and pecuniary losses. On the basis, some authors suggest the introduction of punitive damages, while others advocate restitutory damages.This study aims to desmonstrate that companies can suffer damage to their extra-patrimonial interests, and that in this case they should be compensated at least on the basis of moral damages. In this context, this thesis will focus on the concepts of brand, know-how, corporate culture, identity, and reputation. Furthermore, the distinction between the terms “damage” and“harm” is critical, as it clarifies the legal status of non-pecuniary damages suffered by acompany while the consequences of patrimonial and extra-patrimonial damages are considered separately. Hence, new rules regarding the moral damages should be considered. The role of judges and experts will be highlighted, as well as the criteria therefore used by the judge. An option isalso to consider some additional criteria. It is also worth mentionning the results of redress onthe various protagonists
Sambou, Siankoloute. "Les relations fiscalo-comptable : vers un passage de l'ère juridique à l'ère économique ?" Thesis, Nice, 2013. http://www.theses.fr/2013NICE0007/document.
Full textOppositions between accounting and taxation have led into some difficulties regarding the qualification of the real relation between accounting and taxation in France. Article 38 of the FTC seems to impose a complementary relation between accouting and taxation. In fact, this complementary relation is not true, since Tax rules often have an influence on accounting rules when they are in opposition. This particular situation can be qualified as a compromise between Accounting and Tax rules. Since the introduction of International Accounting Standards rules in The French Accounting System, the compromise between accounting and Taxation seems to benefit from the accounting rules. It does exit a huge influence of accounting on tax rules: accounting rules are becoming more relevant than in the past. By the way, the International Accounting Standards have reinforced the trend that is emerging in contemporary societies. This trend is the passage from a legal area to an economic area. The relationship between accounting and taxation is the witness of this evolution. Principles of fair value and substance over form have uploaded the debate over the relationship between Tax and Accounting and how they interact with other disciplines such as civil law, commercial law, finance and accounting. The new definition of Assets due to the IFRS influence on tax is the proof of the connection existing between the different disciplines. The French tax system is not ready yet to accept the full version of IFRS. Their full implementation would lead into an unsecured tax law system
Peter, Marc. "L'appropriation des avoirs criminels : les saisies pénales spéciales garantissant la peine de confiscation, une étape majeure pour une stratégie pénale patrimoniale repensée ?" Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0285.
Full textIn France, the money-laundering and trafficking fight is based on a apprehension of the illicit assets strategy. French law give to magistrates, and under conditions to investigators, very offensive prerogatives to seize property assets very early in the proceedings and regardless of the property and the presumption of innocence rights. However, the law largely reformed law of seizures by creating special criminal seizures, it did not provide a framework for confiscation enforcement. Indeed, confiscation remains the pivot of criminal property investigation, although special criminal seizures are now the driving force. The absence of a post sentential procedure is likely to open a new space of opportunity for the convicteds to dissipate part of their property. This is the reason why French criminal law should be updated to give justice a complete framework to ensure that crime does not pay
Li, Xiaoshan. "La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020021.
Full textThe dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minority shareholders, and between the shareholders and the company or group of company. It is corporate profits and the principal of equality that direct legislators and judges to suggest applicable solutions.It is important to notify that in French law, legal provisions about the responsibility of majority shareholders or company leaders and the ways of resort of minority shareholders provide reference for improvement of Chinese law. Besides, the study of acquisition of chinese listed companies, looked from the angle of the protection of minority shareholders, very different from tender offer in French law, demonstrate the characteristics of Chinese stock market and deserve foreign investors’ enough attention
Targues, Isabelle. "Les obligations conventionnelles nées du divorce." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020023.
Full textThe phenomenon of conventionalisation of family law and more precisely the role assigned to individual will in divorce has been increasing exponentially. As the sources of conventional obligations are multiple, it appears essential to define the variouselements that make up this specific group. Contracts are not the only source of conventional obligations. This last category should include all conventional legal acts which can be defined as expressions of will intending to produce legal effect.In divorce law, the voluntary agreements spouses are allowed to conclude in order tosettle the patrimonial and extra-patrimonial consequences of their separation are numerous. The growing importance given by law to individual will in order to settle the consequences of divorce calls for the examination of the genuine qualification ofspouses’ agreements. The analysis of the conventional obligations originating from divorce demonstrates that common law contracts flourish in divorce law while, at the same time, divorce agreements develop on the fringes of the guiding principles of contract law. Regarding these conventions, judges’ interventions add to individual willso as to reach perfect agreements. Eventually, in a context where individual freedom is promoted, common law contracts are a privileged tool for spouses who wish to organize themselves the patrimonial consequences of their separation. However, matrimonial public order legislation remains and cannot be dissociated from the extra-patrimonial field. In this regard, it should be noted that the general theory of the law of obligations does not intend to endanger the status of persons which must inherently remain inalienable