Dissertations / Theses on the topic 'Faits Juridiques'
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Janville, Thomas. "La qualification juridique des faits." Paris 2, 2002. http://www.theses.fr/2002PA020092.
Full textGaye-Palettes, Matthieu. "Recherche juridique et empirisme : Du réalisme juridique aux Empirical Legal Studies." Electronic Thesis or Diss., Toulouse 1, 2023. http://www.theses.fr/2023TOU10001.
Full textEmpiricism has become a mediatic label brandished by a trend in legal research that promotes a scientific knowledge of legal phenomena over the last twenty years. Therefore, this study explores the contribution of the use of this legal “empiricism” for a set of discourses that take it as a founding element of their doctrine or their movement.To consider its contributions is to identify the different conceptions of what is involved in appeals to “empiricism” in law. At a minimum, empiricism represents a claim to scientificity that the discourses under consideration intend to make legal knowledge attain. Empiricist doctrines all express the ambition that it is possible to constitute a scientific knowledge of law through the rigorous observation of a given legal reality and set out to theorise or concretise it according to the different movements.Nevertheless, if all the movements studied attempt to participate in this epistemological ambition, they do not contribute to it at the same level nor for the same problems. Thus, this study shows that empiricism in law can be divided into two nebulous problematic areas, which are two sides of this claim to scientificity for legal research.The first, at the chronological and conceptual levels, takes empiricism in its theoretical aspect and asks the question, “what legal reality to observe?” Empiricism is opposed to formalism or idealism and thus conceives a theory of “factuality”. In this way, it identifies a set of legal “facts” that constitute a reality on which a legal science can focus. The second, which is more contemporary and is built on the acceptance of the first, takes empiricism in its methodological aspect and asks the question, “how to observe legal reality?” Empiricism is therefore opposed to “doctrinalism” and considers that the scientific observation of the factuality of law must be constructed by means of quantitative and qualitative approaches that have been drawn from the neighbouring social sciences, which constitute the most rigorous tools and techniques
Janville, Thomas Guinchard Serge. "La qualification juridique des faits /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb39159431c.
Full textAïdan, Géraldine. "Le Fait psychique : objet des normes juridiques." Paris 1, 2012. http://www.theses.fr/2012PA010334.
Full textLepage, Agathe. "Recherche sur la connaissance du fait en droit." Paris 11, 1998. http://www.theses.fr/1998PA111007.
Full textMost often, when it is refered to knowledge in law, it is about he knowledge of law. Yet the knowledge of fact represents, because of its richness, the best point of observation of the relationships between the law and this psychological state. Firts they can be observed from the point of the human activity. So the knowledge is itself a fact. It allows to give a meaning and a value to the individual decisions and behaviours. But it is also from the point of the diachronism that law and knowledge have relationships. So there is a movement from ignorance to the acquistion of knowledge, and from acquired knowledege to its use. At last, beyond the variety of relationships between law and knowledge, there are shared considerations, allowing to outline a theory of knowledege in law. First it is, as it is in philosophy, a cognitive situation, in which the subject has an exact representation of reality. Elsewhere, knowledge is, as a cognitive connextion, a link between a subject and the reality. So appears the dialectic of knowledge in law : knowledge, psychological phenomenon, imposes itself to law to some extent, but this one gives to knowledge its label
Tampere, Klaas. "Le traitement juridique d'un fait de dopage." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD046/document.
Full textWhen the professionnal sportsman carry out his activity as an employee, he should have a classic work contract subject to the ordinary law. However, the specificity of the sports world further complicate the contractual relationship that the sportsman can have. Indeed, the discontinuity of the contractual relations, resulting of the players’ transfers and loans, or the rules governing sport implimented by the sports authorithies have forced the legislator to adapt himself and to take in account the uniqueness of the sports world. He thus incorporated, through the law of 27th november 2015, a specific fixed-term contract for the professionnal sportsmen and trainers which has put an end to the legal uncertainty. But the specificity of sport is also linked to the delicate balance existing between the purely sporting rules and the state legislation. The anti-doping regulation is a good example of this because it is intended to apply only in the sports world. Therefore, to preserve the fairness during the sport events, is was necessary to define the notion of doping but especially to make the fight international by forcing the different states to adopt the regulations into their legislations. The meeting between these different autorities can explain the complexity of the legal treatment of a doping case. Indeed, the professionnal sportsman will face different procedures who can be in conflict with each other. The first one is the procedure held before the federal justice who can pronounce a sporting sanction. The other contracting partners of the sportsman can also introduce an action to obtain redress for the injury caused. Finally, it is necessary to take in account the possibility that criminal proceedings are taken against the sportsman who is guilty of a doping case
Mauleon, Éléonore. "Essai sur fait juridique de la pollution des sols /." Paris [u.a.] : L'Harmattan, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/37949633X.pdf.
Full textMauléon, Éléonore. "Essai sur le fait juridique de pollution des sols." Toulouse 1, 2002. http://www.theses.fr/2002TOU10031.
Full textThis thesis is concerned with the juridical problems associated with the protection of the environment and, more specifically, with the pollution of the soil. It demonstrates that the organization of the law regarding those questions is cleary dependent upon that concept. It follows that the analysis of the problems associated with soil pollution calls for a certain new reformulation of the law, notably with regards to its methodological aspects, in pratical as well in theoretical terms. This thesis concludes on the acknowledgment that there is an important jurisprudential task to be carried out in the field of public as well as in private law where the judge will have to assume a determining role
Mauléon, Éléonore. "Essai sur le fait juridique de la pollution des sols /." Paris ; Budapest ; Torino : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb39080157h.
Full textForget, Elisabeth. "L'investissement éthique : analyse juridique." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA017.
Full textEthical investment is based on non-financial criteria: the investor expects a return on the investment while pursuing a non-material objective, based on the respect of certain values. Ethics bring a nuance, which impacts the set of rules for this type of investment. It establishes the content of the investment policy and requires financial intermediaries to inform investors adequately. It also forces them to ensure ethical compliance of the investment to its ending. Ethical investment, however, is not limited to this. By adopting a consequentialist approach, investors can engage with issuers to defend their values. From a theoretical point of view, this shareholder activism highlights the failure of traditional theories to define the purpose of companies. Because the concept of “intérêt social”, which the French doctrine struggles to define, leads to a deadlock, a cross-disciplinary approach, the Stakeholder Theory, should be preferred
Thévenin, Pierre. "Le Miroir des Faits : philosophie de l'habillage juridique dans la scolastique médiévale et ses lectures romantiques." Paris, EHESS, 2014. http://www.theses.fr/2014EHES0033.
Full textIn Roman law's far-reaching tradition I search for conceptual resources helping to analyse the normative patterns through which contemporary societies are governed. Aiming at refining our theoretical assessment of the décline of classical légal science, I recover and re-read two traditions. First, I examine idealist Systems of légal philosophy and their propensity to ignore the historical dimension of légal techniques. This is shown to have ironical conséquences, when Kant sets himself up as a judge at the tribunal of reason, or when Hegel treats Roman law as both spécifie to the history of ancient Rome and germane to the eternal and abstract form of « objective spirit ». The second part of my research hence turns to the Roman law of possession, a topic which testifies to long-run shifts in the scientific style of légal thinking. In confronting mainly Italian scholastic interprétations of jus possessionis, dating from Xllth to XlVth century, with Von Savigny's Treatise on Possession of 1803, I show how philology and historical érudition were involved in a romantic attempt at embedding Kant's idea of the autonomy of free will into the realm of jurisprudence. As a resuit, médiéval ways of employing légal techniques independently of any external ontological constraint tended to be overshadowed. Whereas glossators felt free to imagine types of légal possessions which were « more or less facts » or to posit fictitious property transfers, I consider this loose attitude towards rèality as a valuable touchstone for analysing law's spécifie part in the government of contemporary society
Guegan, Guillaume. "L'élévation des robots à la vie juridique." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10061/document.
Full textAccording to the UN, robotics will be the technological revolution of the 21st century, like motorcars and computers in the last century. Indeed, the “robolution” is afoot and nothing will be able to stop it, explained Bruno Bonnel. Robots will share our daily lives, deeply transforming our environment by replacing humans for thankless or very precise tasks, or even to stem the aging of populations. They will reign over roads and in the air, over the infinitely small or the “depths of space”. The term “robotics” covers a very complex reality, due to the diversity of its actors. Androids, drones, hoovers, cars, each constitutes an extremely different reality of robotics that are distinguishable through their nature, their level of autonomy, their field of application, and especially the relationships they will likely develop with humans. Robots will become a close friend of mankind, they will learn and their behavior will change according to their experiences and lessons they will chose to retain. Who will be responsible for these machine’s deeds? The owner? The firm? The robot himself? Is the notion of private life in danger? The challenge for all robot manufacturers and project holders in robotics will be to know the regulation applicable to robot production, but also to the acquisition, distribution and possible uses of domestic robots, of surveillance, security, personal assistance, self-driving cars, etc. Yet the problematic of the choice of applicable regulation is complicated or even rendered impossible by the fact that robotics is at the crossroads of several “advanced” sectors. Without a legal framework specific to robotics and with concerns about the rapid development of artificial intelligence, increasing debate regarding killer robots, and in the age of increasingly robotized humans and humanized robots, is the law able to comprehend this true technological revolution? Will robotics drive change in the legal responsibility system? Are existing legal rules sufficient to comprehend informal cooperation between robots and individuals? Should we adopt an ethical approach when thinking about law? All we know for certain is that law will not emerge unscathed from its encounter with robots
Voillat, Céline. "La déclaration unilatérale d'indépendance du Kosovo Entre appréciation juridique et fait accompli /." St. Gallen, 2009. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02602720001/$FILE/02602720001.pdf.
Full textBoutouila, Nawal. "La condition juridique des personnes privées de liberté du fait d'une décision administrative." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D007.
Full textBy taking a prospective approach, the main of this work is to highlight the existence of an evolution of the legal status of persons deprived of their liberty for an administrative decision. Though the obligation to preserve public order has long been introduced as granting the administration many prerogatives, it must from now on to be equally described as a public-service mission that should be accomplished in accordance with a particular behavior model, without however, always mentioning the presence of actual constraints at the expense of the administration because of the numerous shortcomings currently affecting the protection system. Presumably, if this improvement has been made possible, it is in mainly due to “this new opposing-force concept” that has contributed to strengthening theirs protection especially by participating in the identification of the obligations that should be respected by all administrations which have to take care of a person deprived of liberty
Monnier, Ariane. "La reconstitution des faits dans le procès d'assises : anthropologie d'une performance." Paris, EHESS, 2014. http://www.theses.fr/2014EHES0631.
Full textBased on ethnographic fieldwork carried out in France in 2011 and 2012 in the setting of three criminal trials related to criminal facts which occured between 1998 and 2008 in Ajaccio, Béziers and Castelnau-Le-Lez, the thesis analyses the crime scene reconstruction in these cases from the perspective of a performance. The notion of performance is explored in a double meaning: in the sense of an exploit - a successful exploitation of the data - as well as in the sense of an unpredictable show. The information used by the judicial reconstruction is considered as the scattered remains after an explosion, of which a more or less significant part has been lost, and further misplaced by the judicial proceeding. The thesis attempts to resolve the following interrogation: at the cost of what sort of discrepancies and absences are these remains set up together and put on display? At first a spectator and a witness to the hearing, the anthropologist goes back in time through the trial, and becomes a stage director with hindsight, running against the flow of the situations observed and the situations reported. The facts are considered successively from the perspective of the narratives and images they entail just after being discovered; from the perspective of the speeches by which they attempt to be elucidated; from the the perspective of the spectacle of words, bodies and objects in which they result. The visual, discursive and scenographic acts of force all along the proceedings are described in relation to an omnipresnet missing part - the source of other dangers
Thiercelin, Alexandre. "La théorie juridique leibnizienne des conditions : ce que la logique fait au droit (ce que le droit fait à la logique)." Lille 3, 2009. http://www.theses.fr/2009LIL30074.
Full textI focus on the legal and logical effects of G. W. Leibniz's (1646-1716) method in both Disputationes juridicae de conditionibus (1665) and Specimen certitudinis seu demonstrationum in jure exhibitum in doctrina conditionum (1667-1669). It should enable him to explain the nature and the effect of a peculiar legal modality, which is B "suspended" by A. For instance, Primus's legacy of 100 coins in favor of Secundus is "suspended" by the coming of a ship from Asia. Such a method, to explain the nature and the effect of the "moral" conditional proposition of which A and B are, respectively, if-part and then-part, gives Leibniz access to the resources of logical analysis of conditionals in order "to reduce to very certain and almost mathematical demonstrations" the answers given by the Roman lawyers about legal modalities (B suspended by A, but also B revocable by A, and B delayed by A). Such a contribution of logic to the law goes hand in hand with a complication of the former thanks to which Leibniz achieves at capturing a number of dynamical features(epistemic, temporal, practical) making of B suspended by A a conditional right, intermediate between B nul and B purely. Among those contributions are that the logic of moral conditional propositions is not classical but "connexive" ; the junction between the if-part and the then-part of moral conditional proposiitons has no propositional relevance, but it has a practical relevance which Leibniz analyses in terms of utility and probability ; last but not least, Leibniz discovers ordered sets of premises (for instance, B suspended by A and C (by A or C) may be different from B suspended by C and A (by C or A)
Naugès-Fenioux, Sabine. "Le risque et le droit : contribution à l'étude d'un instrument juridique." Paris 1, 2001. http://www.theses.fr/2001PA010325.
Full textMahmoud, Ahmad. "Les cadres juridiques de la responsabilité civile des prestataires techniques." Montpellier 1, 2007. http://www.theses.fr/2007MON10026.
Full textThe concept of civil liability undergoes existential upheaval in the shadow of the evolutions noted in the e-commerce field. The technical service providers are the first actors who enter in direct action with the users of there internet services. They hold technical and factual capacities in the management of the functions of access and lodging. Their legal statute was regulated by the French legislator in order to grant to them an active and substantial role in the fight against the damages and the crimes on the web. Their proximity of the net surfers, and their plausible identification endorse a burden of responsibility naturally to them, that they should had support with other potential actors who seems to be hardly identifiable on the net. This abnormal situation cause interrogations on the equitable flexibility of their responsibility by laying down rather precise conditions as for its realization, particularly about the most adapted legal status for preserving the victims rights of the to spare the proof, as well as the research of the other melting elements of the direct or indirect responsible actors of the Internet. Technical service providers should not be necessarily considered as the only direct authors of the damages undergone by net surfers, but rather the guarantors, policemen and even the “judges” who will be able to finally emit verdicts of labialization better adapted for the fugacious and virtual nature of the data and information flow over the Internet. A private justice pattern regains surface, but this time with its virtual facet which adds to the electronic scenario its natural corollaries of netiquette and auto-regulation, without to disavow in the absolute, enhanced traditional interventionist’s roles of the official sovereign authorities in the laws making and the pronunciation of compensations and penalties
Bouaziz, Hafedh. "La conversion des actes juridiques." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3006/document.
Full textThe thesis proposes to redefine the notion of conversion. The analysis of positive law shows that the classical definition of conversion, such as (like) the operation which consists in drawing from a null act a valid new act, may be extended from a double point of view. All that had been done was the conversion of legal acts; it has been discovered that it can be extended to instrumental acts. In the same sense, there had been contemplated only one cause of conversion, the nullity of an act; it is now accepted that it could operate as a result of a case arising a posteriori, like the lapse, the prescription, the foreclosure and the resolution. Conversion may, therefore, be defined as the technique which gives effect, by the will of the law or the judge, to a legal act which has not been formed because of an original defect or which Was able to survive because of a posteriori cause when the elements which remain correspond to the definition of a new legal figure satisfying the economic objective pursued by the parties.The thesis also proposes to modernize or renovate the regime of conversion. The modernized conversion requires the active intervention of the judge to verify that the conditions of the conversion are met, but also and especially to decide on its expediency. Conversion thus places the judge at the rank of true trainer or "maker" of the contract. The doctrinal analyzes which present conversion as based on an alleged virtual will of the parts are artificial. There is, however, no need to demonize the office of the judge by claiming that conversion is an exorbitant and authoritarian process. The anxiety which may arise from the increase of the role of the judge in conversion is appeased as soon as the judge is obliged to draw the elements of the new act into the original act. They have yet to be tempered by the constant search for a new act which responds to the original purpose of the parties.The ambition of this thesis was therefore twofold: the redefinition of the notion of conversion on the one hand and the regeneration of its regime on the other. In view of this renewed analysis, conversion is destined for a prosperous future as a technique for the rescue of legal acts
Chotouras, Dimitrios. "Le statut juridique en droit international du réfugié écologique : une nécessité ! Le phénomène migratoire du fait des modifications environnementales." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0043.
Full textIn recent years, the process of climate change and environmental events trigger without any doubt a massive migration within and sometimes beyond national borders. A new category of people - victims themselves of these disasters that cause dangerous effects on the enjoyment of human rights - often grouped under the label «ecological refugees» flee a shaky situation likely to be exacerbated by the incapacity, the limited natural resources or, furthermore, the State's negligence. This term, mainly descriptive of a situation, has no legal value in international refugee law as long as the international refugee protection regime was not designed to deal with situations of environmental disruptions. In this context, in regard of the needs of people displaced by the effects of climate change, there is a necessity to establish a legal status for environmental refugees. It's not just the responsibility of the host State that must be analyzed, but also that of the State of origin. Several issues require prompt and adequate response. How can we protect the affected populations? Would it be appropriate to qualify as refugees certain categories of these displaced people by environmental change? What is the status of displaced persons due to the disappearance of a State submerged below sea level? If a State failed to effectively protect its citizens during a natural disaster, isn't it responsible for the mass migration? Or, can we consider that the existing international legal instruments can already protect and assist environmental refugees?
Khodjet, El Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et pratique des états." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32032.
Full textAs a semi-enclosed sea, the Mediterranean sea is particularly vulnerable to pollution. Maritime transport make an handsome contribution to it. It causes accidental discharges and operational ships gener ated wastes due to the numerous tankers and chimical bulks that cross the Mediterranean sea daily. Despite the important preventive policy framework erected in the 1970' in order to protect the Mediterranean sea, maritime pollution is still poorly controlled in this area. This inefficacy of preventive policy framework is largely due to flag states failing to control ship conformity that is too weakly counterbalanced by port states controls. Mediterranean harbors under-equipment of reception facilities for ship residues is likely to contribute to the failure of the elimination of operational pollution. .
Deik, Acostamadiedo Carolina. "El precedente contencioso administrativo : teoría local para determinar y aplicar de manera racional los precedentes de unificación del Consejo de Estado." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D012/document.
Full textThis dissertation produces a local or special theory of judicial precedents for Colombia. Public case law in Colombia has departed from its prior persuasive role and has acquired a normative value as judicial precedent. Given the deep transformation of the role of public case law in recent years, it is necessary to analyze the judicial precedents in light of the Colombian legal culture, the doctrinal and jurisprudential foundations of the existence of the precedent in Colombia and the objectives• pursued by the Code of Administrative Procedure. This work aims to test the hypothesis that public authorities and public law judges in Colombia should apply theoretical and practical criteria of a local theory of the precedent, hitherto nonexistent. The latter is necessary for them to identify and rationally apply the judicial precedents contained in the unification rulings of the Council of State (Conseil d'Etat) to solve the cases that come to their knowledge. This theory should address (i) the theoretical contributions to the transnational doctrine of the judicial precedent and the legal flows that gave rise to precedents in Colombia, (ii) the theoretical and constitutional basis for respecting precedents in Colombia as well as (iii) the objectives of law 1437 of 2011 when creating unification rulings of the Council of State
Cornu-Thénard, Nicolas. "La notion de fait dans la jurisprudence classique : étude sur les principes de la distinction entre fait et droit." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020008.
Full textAs originally conceived by Roman jurists, the distinction between fact and law has amethodological purpose. It confronts, essentially, two types of inquiries used to resolve a dispute incourt. One is general in scope, the quaestio iuris ; the other pertains only to a single case, thequaestio facti. According to each situation, jurists assess the approach that will resolve the disputein the most convincing way.Their thoughts are conditioned, in this respect, by the complexity of interpretatio facti. Therisk of dissolving the ius in the extraordinary disparity of facts may at times lead to a reasoning thatis general in scope. The approach is then artificial : the fact is considered, in this case, as a result ofa construction. A definition allows each circumstance to be reduced to a generic concept, beforebeing confronted to the legal rule. In this case, the evaluation is precisely legal : it resolves theconflict in the frame of a quaestio iuris.However, such appreciation may be inadequate for certain singular situations. Thereforeanother approach is sometimes favored. It involves extending the powers of the interpreter in orderto assess a circumstance through the examination of each concrete case. The evaluation is thencarried out within the quaestio facti framework. This characterizes the Praetorian protection ofpossession, and inspires above all, in essence, the concession of actiones in factum
M'baye, Hugo. "La différence entre la bonne foi et la loyauté en droit des contrats." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD040.
Full textThe point of this thesis is to question the existence of a real difference between the notion of good faith and that of loyalty. I was brought to this topic by noticing the alternative use of words such as good faith and loyalty in the contractual field. This misunderstanding was maintained by judges as well as by a consequent part of the doctrine. Might such notions merge into the same idea so that they’d be used in the same situations to regulate the same behavior ? Stating that it cannot be, the aim of this thesis is to prove the necessity of clearly separing these two notions which are doomed by their lexical proximity and their poor definition to be mistaken for one another. The consequent purpose of this thesis is to preserve the very principle of legal security.Therefore, the following study aims at establishing criteria of distinction between good faith and loyalty when it comes to contract law, as they do not endorse the same role. While good faith is a general and minimal behavioral norm that applies to any contractual relationship, loyalty is a special and demanding standard. Also, this difference in nature will induce a difference of scope and regime allowing to preserve the subject of law from the unfortunate practical consequences that may be caused by the confusion of these notions
Aksoylu, Özge. "La conciliation par le juge de la légalité et de la sécurité juridique : comparaison franco-turque." Paris 1, 2011. http://www.theses.fr/2011PA010278.
Full textBates, Karine. "Les femmes et le système juridique en Inde : entre l'idéologie et les faits: analyse anthropologique de la conception des droits à travers les transactions économiques au moment du mariage." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0017/MQ47252.pdf.
Full textKhodjet, el Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et mise en œuvre par les États /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/389698601.pdf.
Full textTelomono, Bisangamani Mathieu. "La responsabilité civile du fait de l'enfant en République démocratique du Congo : De la romanogermanisation à la transculturalité juridique pour la paix sociale." Paris 1, 2012. http://www.theses.fr/2012PA010268.
Full textKhodjet, el Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et mise en oeuvre par les États /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2003. http://catalogue.bnf.fr/ark:/12148/cb39081199p.
Full textPerdrix, Louis. "La garde d'autrui." Paris 1, 2006. http://www.theses.fr/2006PA010303.
Full textAgbessi, Éric. "Du droit de l'égalité à l'égalité de droit pour la communauté noire américaine, évolutions constitutionnelle, juridique et politique : à l'égalité de fait à travers trente ans d'action." Saint-Etienne, 2000. http://www.theses.fr/2000STET2065.
Full textAndrade, Levy Daniel de. "L'abus de l'ordre juridique arbitral : contributions de la doctrine de l'abus de droit à l'arbitrage international." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020007.
Full textThe academic success of international arbitration in the last decades has not always been followed by the consequent development of concrete instrument for its practical applications. The concept of an arbitral legal order detached from national legal systems is defended by doctrine not so much as an useful instrument for practical case resolution, but firstly as a problem of raising a logic and coherent legal scheme. We propose to analyze the main distortions caused by the conflict between this theoretical perspective of an autonomous legal order and the practical matters involved in the pragmatic courts intervention in international arbitration, either relating to the arbitral convention (provisional measures, violation of the arbitration clause) or to the arbitral award, specifically regarding the problem of recognizing annulled awards. We present lis pendens, anti-suit injunctions, res judicata and the efforts of dialogue between jurisdictions judging the sentence regularity as the main instruments contributing to a dialogue, and thus, as instruments to control its possible distortions. However, those mechanisms are deployed through a reasoning that is still too generic, amoral and based in principles of private international law, in a state-centered perspective that cannot serve the international arbitration scheme today. From this finding, we suggest the abuse of rights doctrine as a group of different objectives and subjective standards allowing implementing those mechanisms to control international arbitration in a much more appropriate way, considering its autonomous and material characteristics, embodied in the doctrinal pursuit of an arbitral legal order. This doctrine brings a more flexible, material and finalistic perspective to the international arbitration instruments, approaching the parties interests and leaving a purely conflictual method which is not anymore appropriate in this field. There will be not anymore only distortions of an arbitral legal order, but abuses of that same arbitral legal order
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
Full textWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
Ho, Dinh Anne-Marie. "Les frontières de la science du droit : essai sur la dynamique juridique." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020084.
Full textIn the science of law, there are moments of epistemological tension when are discussed questions related to representations, to methods of interpretation as well as sources of law admitted in a majority at a given time. Behind these subjects, questions concerning the relationship between fact and law and the demarcation of boundaries in the science of law in regards to other approaches are also raised. This work tries to reflect, in terms of dynamics, the epistemological choices expressed nowadays in the science of law, and to highlight their effects on a pedagogical level.Through historical analysis of the construction of auxiliary sciences, of the reduction of sources of law and of the methods of the science of law, it has been possible to describe a contained dynamics to be known as « the dynamics of authority ». Then, relying on the critics on the interpretation and on the sources of law, we have brought out the evidence currently working for the emergence of a science of law wich has produced a new dynamics, to be named as « the dynamics of discussion ». From these considerations on, we have tried to build the new boundaries of this science of law, its main characteristics, and the methods of interpretation and learning that they could induce. As part of contemporary debates on the reform of the teaching of law, this thesis suggests finally the creation of a « Dynamic analysis of law » course concentrated mainly on the methodological aspects
Julien, Marc-Antoine. "Le processus de qualification pénale : étude sur la transformation des faits en droit dans le traitement des contentieux de masse." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100116.
Full textCriminal qualification is conventionally considered as a sub-category of the legal qualification and shares with it the same definition and the same characteristics. It is actually conceived as an intellectual operation and, as a consequence, thought out in its own dimension. This qualifying operation appears as a translation of the facts in law by the use of legal language. The researcher who intends using this qualification process as his purpose of study is necessarily confronted with subjects that are unfamiliar to him such as linguistics and cognitive psychology. To circumvent the difficulties inherent to these subjects, it is possible to make a paradigm shift to the approach of the criminal qualification. It can be forseen in the terms of the process. This concept allows to give the criminal qualification its institutional dimension and to consider it as the product of micro-decisions of actors in a network. Their respective actions form different stages of this complex process which ultimately leads to the criminal definition of a situation. This research proposes to implement the concept of process of criminal qualification in mass litigation, areas that are favorable to the observation of qualification practices. The analysis of these practices observed from empirical work has permitted to verify the hypothesis that criminal qualification is formed through networking. It therefore appears as the product of various actors/participants dealing with objectives and institutional constraints. From the concept to the exact qualification, criminal designation is the result of a multifactorial process
Braci, Antoine. "La bonne foi dans le contrat : une réflexion via le prisme du droit anglais." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED068.
Full textThis PhD thesis, which is based upon confidential business documents, is an analysis of good faith in contract from a comparative perspective (French law and English law). The author defines good faith as a “reliability” device that ensures trust to protect against contractual risks. While the first part of this thesis deals with the proposed definition of good faith, the second part applies this definition to a variety of risks
Grabias, Fanny. "La tolérance administrative." Electronic Thesis or Diss., Université de Lorraine, 2016. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247182114.
Full textFor quite some time, the administrative tolerance was characterized by a precarious situation for those who beneficiate from it. The Administration could indeed abruptly decide to operate a strict return to lawfullness. Nowadays, this traditional conception is being questionned by the recent evolution of positive law. Regarding an irregular construction on public land, The European Court of Human Rights ruled in favor of the administrative tolerance's beneficiary, acknowledging his right to have his property respected. The caesura existing between French and European law is worthy of further study. First of all, rises the necessity of a definition. Thereupon, the legal notion of administrative tolerance refers to the fact, for an administrative authority, to willingly and illegaly abstain from using the means in its power to sanction the irregularity perpetrated by an administered. The notion of administrative tolerance is often mixed up with others, hence the need for a definition as a starting point. The next step would then be to suggest a legal regime, oriented towards the beneficiaries of the tolerance. Based on the idea that the legitimate trust emanating from some tolerances must be respected, such a regime would notably prevent the Administration from revising its position
Gérard, Caroline. "Obligation de vigilance et due diligence en droit international public : la responsabilité de l'Etat pour les dommages ne trouvant pas leur cause directe dans son fait illicite dans l'ordre juridique international." Paris 1, 2009. http://www.theses.fr/2009PA010290.
Full textGrabias, Fanny. "La tolérance administrative." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0301.
Full textFor quite some time, the administrative tolerance was characterized by a precarious situation for those who beneficiate from it. The Administration could indeed abruptly decide to operate a strict return to lawfullness. Nowadays, this traditional conception is being questionned by the recent evolution of positive law. Regarding an irregular construction on public land, The European Court of Human Rights ruled in favor of the administrative tolerance's beneficiary, acknowledging his right to have his property respected. The caesura existing between French and European law is worthy of further study. First of all, rises the necessity of a definition. Thereupon, the legal notion of administrative tolerance refers to the fact, for an administrative authority, to willingly and illegaly abstain from using the means in its power to sanction the irregularity perpetrated by an administered. The notion of administrative tolerance is often mixed up with others, hence the need for a definition as a starting point. The next step would then be to suggest a legal regime, oriented towards the beneficiaries of the tolerance. Based on the idea that the legitimate trust emanating from some tolerances must be respected, such a regime would notably prevent the Administration from revising its position
Condorelli, Martina. "I principi di certezza del diritto e di sécurité juridique e le garanzie offerte al cittadino in Italia e in Francia." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020081.
Full textSince the beginning of the XXI century, Italian and French administrative courts have shown an increasing interest in the protection of legal certainty, which eventually culminated in the adoption of the power to modulate the temporal effects of judicial annulments, along the lines of the powers granted to the European Court of Justice by art. 264, sect. 2 T.F.E.U. An in-depth analysis of Italian and French case law revealed that several legal doctrines aimed at the preservation of unlawful administrative acts from the effects of an annulment had already been developed by domestic Courts prior to the introduction of the power to modulate their decisions, thus demonstrating a long-lasting commitment to legal certainty by the Courts.The new techniques generated different responses in the two sides of the Alps. While in France, they received general approval by legal scholars – at least initially – and their use is now widespread, in Italy they have been almost unanimously deemed in contravention of the guarantees enshrined in article 113 of the Italian Constitution. The dissertation describes and analyses the old and new techniques by which the stability of an unlawful act or of its effects are protected by Italian and French Courts, with the aim of further defining the concept of legal certainty by illustrating what is actually protected by the Court when the principle of legal certainty is acknowledged to prevail on the principle of legality. Furthermore, the dissertation focuses on the impact of these techniques on the justiciability of citizens’ rights, in France and in Italy, as a means to explain the different reception the power of modulation has had in the two Countries
Kolimedje, Yelian Léonce Frédi. "La théorie générale des contrats d'affaires dans l'espace OHADA." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D002.
Full textThe business Law in Africa appears as a labyrinth in front of which we show vague desires to get. Actually we notice a superimposing of resulting standards from a diversity of legal instruments. The diversity is the resultant of an outfit of economic zones (UEMOA,CEMAC, ECOWAS, in particular), a kind of several European unions based on two fundamental legal systems which coexist : Civil Law and Common law. So, there is a difficulty considerably reduced, but far from being finished inherent to the even judicial legal insecurity. With the aim of establishing a point of attraction to the foreign investors especially, and in a concern of contribution to the work of «standardization» and not simple harmonization of the business law which the legislator of OHADA has begun since October 17th 1993, at Port-Louis in Ile-Maurice, by setting up the Treaty of the Organization of the harmonization of Busines law in Africa, it seems to us imperative and convenient to develop and strenghen a general theory relative to contracts. The general theory within the framework of our researches will limit itself to business contracts because we start from the postulate that this category of contracts constitutes the base of any economic operations. The general theory of business contracts would then mean setting up a common law of business contracts in OHADA area. The aformentionned general theory of business contracts has to fin its anchoring in the pre-existent measures without giving up the introduction of new rules susceptible to contribute to its success. However they have to remain compatible with the various uniform Acts of the OHADA, the ingenious work already achieved by the legislator ofthe OHADA and especially not reject the inheritance of the french legal system in order to be effective. Our reflection will find its base in the study of substantive law of the OHADA and French, and, the forward-looking law emanating from drafts from the contract law on one hand, but also from miscellaneous other legal instruments on the other hand, which will allow us to establish the legal rules even the measures that must prevail in the contractual business relationsof the OHADA, to highlight the homogeneity, the uniqueness or the diversity of this contractual business system, to point out the faithful relation or not that the OHADA with the french legal system maintains
Gaillard, Hugo. "« Open the black box » : postures de régulation du fait religieux au travail et justice organisationnelle : une étude de cas multiples enchâssée." Thesis, Le Mans, 2019. http://www.theses.fr/2019LEMA2005.
Full textPurpose – Religion at work is still an arising topic in French management research. This deals with perceptions of fairness in the regulatory postures operated by four French organizations.Design/Methodology – For this purpose, we drive a qualitative research by semi-structured interviews, observation periods and a documentary analysis in four organizations. That it is an emboided multiple-case study.Findings – Sharing and clarity on postures is an essential issue, as is internal and external coherence of regulation actions, décision-maker neutrality and the compliance with the law. Externalization signs (cross, veil, etc.) provide perceptions of injustice when they are regulated on basis of non work-based criteria. Religion do not provide discrimination nor a special privilege in matter of ressource allocation (time, work etc.).Practical implications – A neutral posture, work-focused, that respects human rights and law without value based judgment, nurtures au justice climate.Originality/value – This work concern understudied fields , ask to a pairs calling for dealing with the issue in term of justice, and reconcile individual perceptions with the organizationnal good fonctionning imperative
Saghbini, Charbel. "La détermination d'un verdict en action et contexte." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34644.
Full textBoyer-Mulon, Sophie. "L'équitation au regard de la responsabilité civile : de la protection à la réparation." Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G004.
Full textThe increasing number of horse riders has as a legal implication and consequence on the equestrian activity whose solutions gravitate around the notion of civil liability. In this context, the French federation of horse riding, well known for their decision making abilities, works for security and incite measures for promotion. Facing the demand of victims, compensation becomes a right. But, the specificity of this area is in the implication, in every step, of an animal, a living and sensitive thing, gifted of its proper dynamism. The ethology, science of the animal behaviour, helps us to understand the domestic horse, in particular, as a sensitive being whose behaviours are directly influenced by human actions. This particularity has consequences from tort liability to contractual liability and leads to choose for the application of autonomous tendencies with a better acknowledgement of animal behaviour. In front of the animal particularism whose status has to be improved, it's suitable from then on, in the case of tort liability, to apply article n°1385 of the civil code and in the case of contractual liability to make a formal difference between security obligations of means and security obligations of results falling to the professionals
Ménard, Benjamin. "L'anormalité en droit de la responsabilité civile." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3060.
Full textBecause it is key in understanding how it is triggered, the concept of abnormality is a notion of great importance in relation to civil liability. This concept is first of all found in relation to the notion of injury, which is an anomaly, a deviation from the normal course of things. The abnormality is an intrinsic part of an injury and is defined as a patrimonial and non-patrimonial disturbance suffered by a victim. The concept is then applied outside of the notion of injury, as it then characterises the elements additional to the injury that are needed in order for liability to arise. This aspect of the abnormality, the extrinsic side, originates from the tort principle: that one is liable for one’s own abnormal behaviour.Although classically confined to the objective element of fault, the notion of abnormality has outgrown its original definition and developed into a criterion with many applications. The concept is used, for instance, in relation to product liability (abnormality of an object/product), vicarious liability, or even in relation to nuisance neighbours. There is perhaps also a latent possibility for the concept of abnormality to be used by the legislator for derivative special liability regimes (e.g. defective products, traffic accidents). Ultimately, the concept of abnormality is a form of legal criterion that, in order to give rise to compensation, can be associated to a triggering event, an injury, or a risk. This vision opens up many possibilities: it enables a new way of presenting this subject matter around the three principles that are the abnormality of the triggering event, the abnormality of the injury and the abnormality of the risk. By defining the perimeter of civil liability, this tripartition actually enables a new understanding of the subject matter through these three proposed principles
Delmas, Clara. "L’appréhension des convictions religieuses par les juges judiciaires." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE2059.
Full textThe development of fundamental rights and the renewal of claims related to religious affiliation have made the development of a methodology for taking into account religious beliefs a contemporary theoretical issue. If the question of religious beliefs, and more generally that of freedom of conscience and religion, may have given rise to a number of studies in public law or in the history of law, through, in particular, the prism of the public service or the public service or the administrative law of property, this subject has not been sufficiently explored in private law as well as comparative law whereas it raises, in this matter, a litigation as abundant as regular. The judicial judge, like the administrative judge or the ECHR, plays a singular role in defining the meaning and scope of the concept of "living together". The development of fundamental rights in international and European law has also largely contributed to renewing the study of this object today marked by the globalization of law, the confrontation of legal cultures sometimes in tension, the assimilation of pluralism - legal, cultural, religious - and therefore necessarily through the dialogue of judges.Based on this observation, this doctoral work has sought to highlight in a critical way what types of representations, reasonings and epistemologies are mobilized by the judicial judge to apprehend religious beliefs in France. How does the judicial judge undertake the effective protection of the freedom of religion of individuals, while respecting the duty of neutrality incumbent upon him by virtue of the principle of secularism?In the first part of this thesis, which seeks to understand and systematize the apprehension that judges seem to show towards the religious convictions of litigants, succeeds the construction of a method of explicitly taking into account religious convictions in judicial reasoning
Vindard, Virginie. "La qualification en droit fiscal." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G047/document.
Full textThe qualification is the intellectual process by which is attributed to an act or a fact its legal nature. The am of the concept of qualification is to apply a legal regime. Tax law does not derogate from the intellectual approach. As in all other branches of law, qualifications play a fundamental role. However, tax law implies some originalities. Tax law already apprehends legally qualified to apply a tax regime thanks to the civil law. It is in this understanding that proves the specificity of the tax law. It does not adopt a neutral attitude towards the legal qualifications to be watching him as being unenforceable , either to exploit. If the tax qualifications can overcome the legal qualifications, they have a special relation marked by the seal of independence to the characters and each tax own logic. Differences in tax qualifications exist. Such a situation may affect the unity and cohesion of the tax law. However, the tax judge ensures a certain harmony in the application of skills, in implementing a similar reasoning to draw tax qualifications converging around which revolve the charges
Bourdoncle, Emmanuel. "Le concept de traité international. Racines antiques et significations contemporaines." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020076.
Full textAs an essential instrument of the international legal system, the treaty is characterized by its historical permanence and its extensive use. This importance can be highlighted in particular through a historical analysis putting forward the inherent dimension of the convention to any international legal system. Its nature and its practice demonstrate the treaty flexibility and a capability of adaptation that the Greco-roman Antiquity allows to enlighten. Indeed, thought and used from this time, this instrument knows its main features since this moment. Collection of unilateral acts whose unity derives from its written character and its binding force from the international commitment of the parties, the treaty allows the formation of international obligations leading to a particular application of international law
Frazer, Linda. "Juridical gyroscopic orientation of transnational business negotiations." Thèse, 2017. http://hdl.handle.net/1866/21175.
Full textLaflamme, Annie. "La coopération dans le nouveau Code de procédure civile : à la croisée de la procédure civile et de la déontologie." Thesis, 2019. http://hdl.handle.net/1866/24733.
Full textThe obligation of cooperation has enacted in the Code of civil procedure in 2016, inspired by the reform English civil procedure. This obligation is at the heart of this analysis which attempts to define this new obligation and to demonstrate its complementarity with the ethical obligation lawyers has pursuant to the Code of professional Conduct. The practical application of cooperation in lawyer’s modern practice is indeed a mix of those two jurisdictions. In the Code of Civil Procedure, the need for cooperation is described in the preliminary disposition and is expressed as a guiding principle of the procedure at article 20 of the Code. It acts simultaneously with the notions of good faith and abuse of process. The obligation of cooperation is applicable at every step of conflict resolution: to alternative dispute resolution, to pre-judiciary protocol and to case management. The obligation of cooperation also has major repercussions for rules of evidence. When followed properly, it improves not only the research for truth by increasing information exchanges; it also enhances access to justice by reducing the time in court. As a professional obligation, cooperation generally has an impact on lawyer-client relationships and invites the professional to take responsibility for the accomplishment of his functions. However, the professional practice’s landscape does not currently promote cooperation between colleagues, notably because of the commercialisation of legal services and hourly billing. In our opinion though, despite the actual context of legal practice, solutions exist to promote a professional culture based on cooperation.