Contents
Academic literature on the topic 'Droit public substantiel'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Droit public substantiel.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Droit public substantiel"
Meulders-Klein, Marie-Thérèse. "Types and Styles of Family Proceedings - Rapport Général au XIIème Congrès Mondial de l’Association Internationale de Droit Judiciaire Mexico, 22-26 Septembre 2003." European Review of Private Law 12, Issue 4 (August 1, 2004): 421–69. http://dx.doi.org/10.54648/erpl2004029.
Full textArchambault, Jean-Denis. "Les troubles de jouissance et les atteintes aux droits d’autrui résultant de travaux publics non fautifs." Revue générale de droit 21, no. 1 (March 27, 2019): 5–137. http://dx.doi.org/10.7202/1058322ar.
Full textColombi Ciacchi, Aurelia. "Public Policy Exceptions in European Private Law: A New Research Project." European Review of Private Law 22, Issue 5 (October 1, 2014): 605–10. http://dx.doi.org/10.54648/erpl2014051.
Full textBelley, Nathalie. "L'émergence d'un principe de proportionnalité." Les Cahiers de droit 38, no. 2 (April 12, 2005): 245–313. http://dx.doi.org/10.7202/043442ar.
Full textMiklaszewicz, Przemyslaw, and Marek Safjan. "Horizontal Effect of the General Principles of EU Law in the Sphere of Private Law." European Review of Private Law 18, Issue 3 (June 1, 2010): 475–86. http://dx.doi.org/10.54648/erpl2010037.
Full textKlein, Alana. "(2012) 30 Windsor Y B Access Just 247 SO LONG AS YOU HAVE YOUR HEALTH: HEALTH CARE DISTRIBUTION IN CANADA AND PROCEDURALIST HUMAN RIGHTS." Windsor Yearbook of Access to Justice 30, no. 2 (October 1, 2012): 247. http://dx.doi.org/10.22329/wyaj.v30i2.4377.
Full textEvans, Jason, Rose-Andrée Sauvageau, and Jean-Daniel Tardif. "Claude Emanuelli (dir.), Les casques bleus : policiers ou combattants ?/Blue Helmets: Policemen or Combatants?, Collection Bleue, Montréal, Wilson & Lafleur Ltée, 1997, 130 pages, ISBN 2-89127-416-4 Gérald Goldstein, De l’exception d’ordre public aux règles d’application nécessaire. Étude du rattachement substantiel impératif en droit international privé canadien, Montréal, Les Éditions Thémis, 1996, 647 pages, ISBN 2-89400-071-5 Sophie Hein, L’information gouvernementale : vers un droit d’accès sur l’inforoute, Les Éditions Thémis, 1997, 306 pages, ISBN 2-89400-086-3." Revue générale de droit 29, no. 1 (1998): 107. http://dx.doi.org/10.7202/1035698ar.
Full textCartier, Geneviève. "Administrative Discretion and the Spirit of Legality: From Theory to Practice." Canadian journal of law and society 24, no. 3 (December 2009): 313–35. http://dx.doi.org/10.1017/s0829320100010061.
Full textSossin, Lorne, and Zimra Yetnikoff. "I CAN SEE CLEARLY NOW: VIDEOCONFERENCE HEARINGS AND THE LEGAL LIMIT ON HOW TRIBUNALS ALLOCATE RESOURCES." Windsor Yearbook of Access to Justice 25, no. 2 (February 1, 2007): 247. http://dx.doi.org/10.22329/wyaj.v25i2.4614.
Full textGraells, Albert Sanchez. "Towards a European Tort Law? — Damages Actions for Breach of the EC Antitrust Rules: Harmonizing Tort Law through the Back Door?" European Review of Private Law 16, Issue 3 (June 1, 2008): 469–88. http://dx.doi.org/10.54648/erpl2008038.
Full textDissertations / Theses on the topic "Droit public substantiel"
Hong-Rocca, Laure-Marguerite. "Le déni de justice substantiel en droit international public." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020102/document.
Full textThe notion of substantial denial of justice is problematic because it assumes the recognition of the international responsibility of the State in its judicial national sovereign decisions and thus the review, by an international jurisdiction, of the discretionary application of internal law by national judicial authorities. Attached to the notion of denial of justice in customary law, and historically linked to a fairly large and controversial perception of the protection that is required from States to foreigners on their territories, the notion of substantial denial of justice must still assert its influence in international conventional law, not only in the field of international investment protection but also, and foremost, in the area of human rights protection, because the stakes in that field are particularly important and the questions they raise are more relevant. Besides the study of the customary notion and its assertion as a form of denial of justice, the main point of this study is to highlight the existence of a general and subjective right to reasonable judgment, of which the definition allows to point out the limits of the normative power that the implementation of a standard provides to an international judge when he is called upon to review the internal regularity of national judgments
Eudier, Frédérique. "Ordre public substantiel et office du juge." Rouen, 1994. http://www.theses.fr/1994ROUEL197.
Full textThe aim of this thesis is to study the powers of the judge (court judge and arbitrator) with regard to the sanctionning of violations of substantial public policy in civil procedure. The first part is concerned with the nature of the fonction of the judge who must apply the peremptory rule which has not been stated by the litigants unless this rule is not based on the specific facts arising from the claims made by the parties. The second part deals with the limitations of the function of the judge. The latter must settle the dispute within the procedural framework traced by the parties and cannot modify the subject of the litigation, moreover he must respect the principle of full argumentations with cross examination. The judge must also take into account the possible waiver of his rights by the titular
Danna, Pierre-Paul. "La notion d'opération d'aménagement : regard sur l'insertion d'un concept substantiel dans l'ordre juridique positif." Nice, 1991. http://www.theses.fr/1991NICE0012.
Full textThebault, Déborah. "Les biens publics en droit anglais." Thesis, Université Paris Cité, 2019. http://www.theses.fr/2019UNIP5034.
Full textAgainst the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law. This is inaccurate. This thesis aims to demonstrate the existence of a substantive public law in the English legal system. It does so by identifying a number of public assets. Substantive public law should be distinguished from judicial review, which is not substantive but procedural public law. The substance of English public law lies in a multitude of rules that deviate from the rest of the legal system. These rules are found not only in common law and equity, but also in statute and in delegated legislation. From the analysis of these derogative rules, it appears that public assets enjoy privileged legal treatment. This is triggered either by the "publicness" of the asset, such as the Crown or the public itself, or by the pursuit of the public interest, regardless of the public nature of the owner. My research reveals two sets of substantive public law rules applying to public assets. The first comprise adverse possession when applied to Crown lands and town or village greens. The second set encompasses charities, and assets owned by privatised services
Aloupi, Niki. "Le rattachement des engins à l'Etat en droit international public (navires, aéronefs, objets spatiaux)." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020022/document.
Full textUnlike any other movable property, ships, aircraft and space objects that are engaged in international navigation are linked to a State. The legal connection established between these craft/vessels and the State is commonly referred to as “nationality”. However, in this case the term does not represent an institution identical in all respects to the nationality of persons. With regard to vessels, the legal connection to a State is not based on factual elements (such as birth, descent etc.), but merely on the internal administrative act of registration. The study of State practice, notably international conventions and national laws, clearly shows that – contrary to what is often argued – there is no need to make this connection dependent on a pre-existing effective link. What matters most, given that these craft navigate in international space beyond the territorial jurisdiction of sovereign States, is to identify the State that holds sole jurisdiction over said “organized entity” consisting of the vehicle, the persons and the cargo on board and that is responsible for its activities. Public international law therefore prohibits dual registration, but leaves States free to determine the conditions under which they will confer their “nationality”, without imposing any other requirement for the opposability of this legal bond to third States. The danger is that this situation encourages laxity on the part of the States of registry and therefore creates the potential for serious damage incurred by persons involved in these vessels’ activities and – mostly – by third persons. In this regard, it is the international obligations and corresponding rights of the States of registry which are critical, and not a mysterious “effectiveness” of the legal bond. In other words, it is not necessary to impose on the State of registry any international conditions which would limit its freedom with regard to the conferral of its “nationality” upon vessels. It is however indispensable to require that said State complies with its obligations, meaning that it has to effectively exercise its jurisdiction and control over those craft. This statement holds true regardless of the craft concerned. The legal bond created by the registration therefore constitutes a "sui generis" institution, common to ships, aircraft and space objects, and whose legal regime is governed by international law
Moya, Djoleen. "L'autorité des règles de conflit de lois : réflexion sur l'incidence des considérations substantielles." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D061.
Full textChoice-of-law rules do not all have the same authority. The parties, and even the judge, may be allowed to override the designation made by the conflict rule. The parties are sometimes free to depart, by convention, from the designated law (suppletory choice-of-law rules), sometimes bound by the designation made (imperative choice-of-law rules). The judge is sometimes obliged, sometimes free to raise ex officio the internationality of the dispute, and to deduce from it the application of the choice-of-law rule. Considering together such varied questions may be surprising, but it is the approach adopted by French case law. The authority of choice-of-law rules is defined jointly, according to substantive considerations. As a matter of example, an affiliation proceeding is, in French substantive law, a matter of public policy regarding someone’s family status, and deemed to concern an unwaivable right. Therefore, the applicable choice-of-law rule will be imperative and applied ex officio by the judge. Conversely, if the claim falls within a largely suppletory subject matter or relates to waivable rights, the applicable choice-of-law rule will be suppletory, and the judge will not be required to apply it ex officio. Therefore, the authority of choice-of-law rules is defined, with respect to both the parties and the judge, according to substantive considerations.However, this regime is no longer that of European private international law. Firstly, the European regulations have only defined the authority of their choice-of-law rules with respect to the parties, leaving it up to each Member State to determine their authority over the judge. Secondly, the European definition of their authority over the parties disregards any substantive consideration, and retains a whole set of suppletory choice-of-law rules, regardless of the subject-matter. Is case law justified in defining the authority of choice-of-law rules solely on the basis of substantive considerations ? No, because choice-of-law rules designate the applicable law according to choice-of-law considerations. However, one cannot, like the European legislator, exclude any substantive consideration. The supposition of choice-of-law rules concerns substantive law issues. Choice-of-law rules are, thus, devised according to substantive considerations. Therefore, if these alone cannot define the authority of choice-of-law rules, they cannot be totally ignored either
Caze-Gaillarde, Nathalie. "L'ordre public pénal : essai sur la dimension substantielle de la notion." Lyon 3, 2003. http://www.theses.fr/2003LYO33029.
Full textHernot, Kévin. "La tension entre l’accessibilité et l’intelligibilité du droit : le cas du droit administratif et du droit du travail en France." Thèse, 2018. http://hdl.handle.net/1866/21322.
Full text