Dissertations / Theses on the topic 'Family law - France'
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Montagne, Camille. "Lien familial et droit pénal." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD010/document.
Full textStudying the family link from a criminal law perspective may seem paradoxical at first sight. Yet this is not the case since the confrontation between these two concepts is as ineluctable as is it necessary. The examination of the impacts of the family link on the repressive rules falls within a multidisciplinary approach and sheds light on two conceptions, whose limits are constantly changing. The purpose of this study is to analyse the current phenomenon of transformation in the criminal protection of families through observation and research; and to break down the principles governing it, so as to better grasp the situation and to give a new orientation towards future implementations. The study reveals the existence of an overall disinterest of the repressive field in the family link precisely where its consideration is a fundamental criterion in the construction and consistent implementation of criminal rules. The purpose of this research is to analyse the existing body of repressive laws and regulations currently in use as well as to establish an unprecedented classification of family offenses. The creation of a functional typology of family offenses in criminal law will make it possible to provide tailored legal tools to deal with this dilemma and to implement a specific criminal policy regarding the family. This endeavour challenges the very existence of the family link in criminal justice and demands not only that it be reintegrated into criminal law at the initial stage of classifying family offenses, but also that it be subsequently taken into consideration when dealing with these offenses
Serva, Gaëlle. "La légitimation de l'intervention du droit pénal dans la famille." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD050/document.
Full textThe family is an entity that falls under the privacy of everyone. Therefore, understanding the intrusion of a repressive law within it is not something obvious. Yet it is clear that penal activity has increased in the family those past years.Then the question is what are the reasons that justify the intervention of penal law within the family. This problem leads us to question the place of criminal law in the family. This study highlights two conditions for the intervention of penal law: the existence of a malfunction in the family, an indispensable condition; the protection of social values within the family, a necessary condition.First, it is therefore necessary to build the concept of family dysfunction on three criteria which are the nature of the malfunction, the severity of this dysfunction and finally the moment of its appearance.Second, with regard to the protection of social values in the family, two modalities of intervention are dissociated: a classic mode that penal law is essentially an accessory law and an innovative modality that penal law asserts its singularity
Hammond, Catherine. "Family conflict in ducal Normandy, c. 1025-1135." Thesis, University of St Andrews, 2013. http://hdl.handle.net/10023/3940.
Full textGayet, Marie. "L'anticipation successorale à l'épreuve de l'allongement de l'espérance de vie." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G030.
Full textIt’s a fact : the French population is aging. This demographic trend has an impact on inheritance law and estate planning. On one hand, seniors are encouraged to hand down property to younger generations early on. On the other hand, they are asked to put aside money for their own care. Estate planning must adapt to this new context. As of now, stability and adaptability are the two primordial characteristics of good estate planning, although they’re apparently irreconcilable. First, you must be sure that wishes will be respected and not betrayed by the heirs after your death. Then, Estate planning will be more efficient if it can adapt. Life changes, needs change, so the elderly must be free to change their mind when a project made years ago becomes irrelevant. To be more efficient, estate planning must combine the qualities of the oak and the reed : the robustness of the old tree and the flexibility of the young plant
Joguet, Camille. "Les incidences du droit procédural sur le droit substantiel de la famille." Thesis, La Rochelle, 2020. http://www.theses.fr/2020LAROD004.
Full textIn the context of family law, a specific bond exists between substantive rule and procedural rule. The specificity of this bond leads to an overtaking of the function classically assigned to the substantive rule and the procedural rule. The contemporary family law seems indeed to have abandoned a part of its substantials rules. The procedural rule, traditionally presented as a serving rule, will become the witness, then the enabler of family law’s transformations, and the procedural norm will progressively take over fundamental reforms. Implications of the procedural rule on family law will then manifest itself in the form of the substance as much as the nature of this latter
Ali, Robleh Youssouf. "Le droit français confronté à la conception musulmane de la filiation." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND003/document.
Full textThe French law is confronted with standards of Muslim inspiration since the arrival in France of numerous people nationals of the Muslim countries formerly colonized by France. This meeting of the French law with the right(straight) Muslim is real because the private international law submits the questions relative to the state of the people in the national law. In spite of the current trend(tendency) of the French deprived international law which favors the skill(competence) of the French law with regard to(compared with) the right(straight) foreigner(foreign countries), the French rules(rulers) of conflict relative to the filiation are not hostile to the right(straight) foreigner(foreign countries).he French judge is thus confronted with the Muslim model of filiation based(established) concurrently on the marriage and on the blood relationship. The consequences of this model put certain difficulties in particular the exclusion from the natural filiation and the ban on the adoption. These Muslim prohibitions are understood(included) as being out of step with the evolution of the French law of the filiation which abandoned(gave up) the distinction natural filiation and justifiable filiation. This thesis(theory) proposes a vision at the same time original and authentic of the right(straight) Muslim of the filiation which can open the way to a positive reception of this right(law) often presented as irreparably opposite(opposed) to the French law
Sfendla, Dyaa. "Couple et Famille : Étude comparative des systèmes juridiques français et marocain." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0110.
Full textThe consecration of the legal notion of couple by the law of November 15th, 1999 allowed the recognition of new forms of conjugality within the Civil code. To the legitimate family formerly valued by the Napoleonic code succeeds a family constituted by a couple, married or not, by a different or same-sex sex. If the recognition of the autonomy of the notion ofcouple emanated from a will of adaptation of the law to the facts and the new values of the society, the recognition by the legislator in 2013 of the marriage between same-sex people attest of an ongoing process of dematrimonialization of the family law. It seemed useful to put in perspective the evolution which knew the French law on the subject. In this respect,the compared approach reveals the contradictions and the assets of the conceptions renewed of the couple and the family.Especially, she allows to open on another way of conceiving the family relationships, particularly within the Moroccan legal system which knows number of social transformations. The attention had too much concerned the differencesbetween the western legal systems and the systems of Islamic inspiration in family subject, without being interested in their underlying causes. Such an attitude takes away from the comparative approach and encourages a one-way reception of a legal system by the other one. The choice of Morocco as country of comparison is not fortuitous. The latter proceeded in 2004 to the reform of the family law by paying a particular attention on the requirement of equality. All the challenge for the legislator is to set with the modernity by adapting the right to the evolutions of the society, in the respect for the foundation of the political and social system: the Islam. The study of the rights of the family of both legal systems has not for object their rapprochement, because the answers brought to the family question are not the same. However, the individual remains at the heart of the reflexion, and the rule of law is called to assure its classic function of organization of the society. It is more a question, in this work, of building a bridge to favor a communicability betweentwo different legal systems
Dhaini, Dania. "Mariage et libertés : Etude comparative en droit français et libanais." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV008/document.
Full textIn most societies, marriage is an alliance of a man and a woman. But marriage conception differs from one country to another. In France, marriage is solemnized by a civil status official: This is a civil marriage. In Lebanon, civil marriage is authorized, but on the other hand, it is limited as it concerns citizens who have solemnized their civil marriage outside Lebanon. But, on the Lebanese territories, only religious marriage is possible. It is a comparative study between two types of societies, and each society follows a different juridical language. The French society is a lay society. Marriage is governed by the French Civil Code. While the Lebanese society is composed of different communities, every one of them having their own beliefs and organization.And marriage is governed by a confessional system, therefore it is pluralist.There is an important contradiction between the French law and the various Lebanese religious laws. This raises the question of how liberty declines in the French law and the Lebanese law in marriage. Thus is the freedom to marry, or not to marry, or to choose the spouse still preserved? What about individual liberties in marriage? For example, the liberty of spirit, the professional liberty, the sexual liberty, the body liberty… Are they protected against damage that could be brought by marriage? Do they know or not the restrictions in this matter in the French and Lebanese rights? These are all questions that this thesis aims to answer
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
Daïmallah, Hakim. "La famille dans la jurisprudence du Conseil constitutionnel." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1012.
Full textHow does the Conseil constitutionnel apprehend the family? This question leads to study the relationship between constitutional law and family, whose mutual igorance seems acquired. A positivist and analytic approach of the jurisprudence of the Conseil constitutionnel however illustrates that this apparent mutual disinterest is not grounded. Family is an institution protected and protective according to positive constitutional law; the latter prescribes to protect the family and also prescribes to the family to protect. Constitutionnal law prescribed after all to build family. This question leads to study the legislative concretizations of the constitutional norms concerning family. This study illustrates the techniques used by the Conseil constitutional in its judicial review. The study also emphasizes the fact that this concretization protects, but also sometimes threatens, the recognition, the development and the unity of the family. The realization of the constitutional law leads after all to a legislative construction of the family. This question leads finally to observe that family consists more in the legal construction of an object than in the construction of a legal object. The concretization of constitutional norms concerning family illustrates in effect a “familial pluralism”, which contributes to reveal the dynamics of the legal construction of the family
Kmec, Sonja. "Noblewomen and family fortunes in seventeenth-century France and England : a study of the lives of the Duchesse de La TreÌmoïlle and her sister-in-law, the Countess of Derby." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404339.
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
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
Traore, Ousmane. "Les infractions pénales en matière familiale : approche comparative des droits français et malien." Thesis, Perpignan, 2021. https://theses-public.univ-perp.fr/2021PERP0008.pdf.
Full textA basic unit of any society, the family is one of the structures to which the right has given more consideration both in terms of the protection of the family institution and the vulnerable members of it. However, this protection is sometimes ineffective to the extent that it often harms the victim more than it protects the victim, hence the interest of our thesis, which aims not only to study behaviour that harms the family as a whole, but also to devote a significant part to the classification and treatment of family offences and, finally, to propose concrete solutions drawn from the field. The comparative study we are conducting as part of this thesis is to analyze and compare the benefits as the disadvantages of the French legal system, influenced by Catholic law and Malian law which originates in tradition and Islam in order to allow one to correct itself in the image of the other
Ferrer-Lormeau, Perrine. "Le droit de la filiation au prisme du genre : étude en faveur d'une adaptation du droit aux enjeux contemporains de la filiation." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D077.
Full textAs medically assisted procreation is about to be opened up to female couples, the issue of establishing filiation within these couples has given rise to heated debate. The government itself proposed an amendment on the issue in September 2019, just a few weeks after tabling the bill in the National Assembly. This question reflects the legislator's unease with contemporary changes relating to family and filiation. Claims for legal recognition by same- sex families, the use of reproductive tourism by certain couples, or requests for access to the origins of children born of gamete donations are as many examples of the lack of consistency of the politics when it comes to phenomena destabilizing the law of filiation. This study attempts to identify the reasons behind this blockage and to resolve the contradictions in which the law of filiation seems to have been stalled. To do so, the concept of gender offers a valuable reading prism. This approach makes it possible to clarify contemporary issues of the law of filiation and encourages the overcoming of its inconsistencies in order to restore its unity
Meslay, Gaëlle. "La reconnaissance sous contraintes : le choix du mariage pour les couples de même sexe dans le contexte d’une ouverture des droits." Thesis, Sorbonne université, 2020. http://www.theses.fr/2020SORUL020.
Full textSince the 1970s, both the family and the policies concerning homosexuality have undergone dramatic changes, allowing same-sex couples to marry. But what does legal recognition change? Combining the first quantitative data to be collected with an interview survey, this dissertation analyses the effects of legal recognition by examining those who choose to marry. By comparing male and female couples, this study provides a heuristic framework within which to analyse gender differences regarding partnerships, sexuality, and the law. It demonstrates that, whereas marriage for female couples is often a mandatory step towards adoption and establishing filiation rights, the situation is much different for male couples. Legal constraints to marriage highlight the importance of legislative and political contexts in union choices, as same-sex families are subject to governmental supervision. The dissertation’s analysis of ritual also reveals the existence of pressures on couples’ ceremonial arrangements. Depending on the meanings couples assign to marriage, they may conform to, deviate from, or deflect the associated codes. However, family and institutional calls to order regulate the ritual and limit flexibility. The expected gender conformity, especially for men, reveals that the erasure of compulsory heterosexuality reconfigures rather than abolishes heteronormativity
Miquel, Juliette. "La maternité pour autrui en droit comparé français et anglais." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020050.
Full textThe usual distinction between altruistic surrogacy and commercial surrogacy no longer seems relevant due to the rise of English and French couples using mostly commercial international surrogacy. On the one hand, the French Supreme Court case law has undermined the effectiveness of the legal prohibition of surrogacy by allowing, when possible, the transfer of legal parentage to the intended parents who had a child abroad through surrogacy. On the other hand, whilst the Law Commission of England and Wales is currently considering the legalisation of commercial surrogacy, commercial surrogacy is already permitted in practice in the UK in violation of English law which forbids this practice (and only allows altruistic surrogacy). Further, both the legal status of intended parents and of children born through surrogacy remains uncertain regarding the children’s legal parentage, citizenship and right of entry to France or the UK following their birth abroad of a surrogacy agreement
Koh, Agnès Ryo-Hon. "La société familiale cotée : l'exemple des sociétés chaebol coréennes." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020087.
Full textFamily-owned companies contribute the largest share to our economy. Yet, there is still no legal definition of what a family-owned company is and the topic has not drawn a lot of interest from legal academics. This study aims at differentiating family-owned companies by focusing more specifically on companies listed on a financial market. Family-owned listed company combines two worlds, family and financial market, which are based on diametrically opposed values and modus operandi. This conflict helps us to understand the specific features of these companies, as well as the risks attached to them. Taking the example of the chaebol, the Korean family-owned conglomerates, we highlighted the impact of the family control on the management and the governance of these groups. We compared French and Korean companies and legal frameworks, drawing the conclusion that the French legal system might have been a better fit to the Korean environment than American rules. Our research also underlines the relative failure of the transplant of U.S. standards in South Korea, which can be explained by the theory of path dependence
Cappellari, 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
Eltashani, Mohamed. "La protection de l'enfant en droit Libyen : constats et perspectives." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0083.
Full textThe purpose of this study is to address the protection of children in Libyan law. If the international community has worked to ensure that the child is a matter of complete and specific protection through various texts, not remains that the situation of the child continues to be patchy depending on his geographical and cultural location. Address the situation of children in Libya, is first of all, make a finding of its situation in a country that has experienced 42 years of dictatorship, where most of the democratic institutions were absent, where all power was centralized, where the law has evolved timidly preferring to remain in the wake of Islamic law. The study tries to provide an assessment of the situation of children in Libya in light of international standards, and comparing with the French law. The first part of this study, discuss about the status of the child in Libyan society, where it makes the difference between legitimate and natural children. What follows different rights. The finding is also done on the protection of the child by the family, or the state, to see how the Libyan law defines the roles and areas of intervention. The contribution of the state of French law allows us to have a different view, to see how we can improve the protection of children in Libya. In the second part, the study compared tackles, socio-educational and health policies offered by the Libyan and French right to the child, through the study of his situation at school, and their right to health. Finally, the protection of children against economic exploitation and crime remains a major challenge, which is why the study deals with the supply of Libyan and French law on the subject. This study attempts not only to draw up a report, but also provide some answers that may help improve the situation of the Libyan children
Daoudi, Zaynab. "La polygamie et la répudiation en droit marocain et dans les relations Franco-marocaines." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20024.
Full textThe reception of polygamy and repudiation by the French international legal order has evolved, fluctuating between tolerance and rejection. Placing us in the specific context of French-Moroccan relations, we have sought to verify to what extent the reform of these two institutions, introduced by the new Code of family in Morocco, could provide them a better reception. But before, we thought it useful to review their history and their evolution under Moroccan law. Then we reviewed the difficult course of their " immigration " in France, the different jurisprudential dislocations that they underwent, and the more severe intervention of the public order now based on respect for such fundamental rights as dictated by the ECHR.Far from resolving all disputes in this area, the French - Moroccan agreement of 10 August 1981 revealed its shortcomings and limitations. The ambition of this work was then to offer some solutions inspired for some of them by the doctrine, such as the adoption of new substantive rules or the theory of reciprocal accommodations
Gratadour, Hélène. "La Condition des aïeux en droit de la famille." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2004. http://tel.archives-ouvertes.fr/tel-00661024.
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
Revillard, Anne. "La cause des femmes dans l’État : une comparaison France-Québec (1965-2007)." Cachan, Ecole normale supérieure, 2007. https://buadistant.univ-angers.fr/login?url=https://www.cairn.info/la-cause-des-femmes-dans-l-etat--9782706125492.htm.
Full textThis research analyzes the preconditions and forms of women’s advocacy within the state, based on a comparative study of the activities of governmental bodies in charge of furthering women’s status in France and Quebec since the 1960s. The theoretical framework integrates a comparative and historical sociology of the state with inputs from sociolegal studies, social movements theory and the sociology of gender. The research draws on archives, as well as interviews with the heads and administrations of these governmental bodies. Beyond an analysis of the genesis and institutionalization of women’s advocacy within the state, the main focus is on the way « women’s cause » is defined in this particular institutional setting. In this respect, based on the comparative analysis of women’s policy in France and Quebec, two different definitions of women’s cause (or « referentials ») can be identified, the former focusing on equal employment, and the latter on financial autonomy. These differences, in so far as they relate to distinct attitudes towards family issues, can be linked to differences in the relationships between feminism and familialism in each sociohistorical context. Indeed, comparative analysis shows that the context-specific balance of powers and the various relationships that may unfold between women’s rights advocates and family values advocates, within and without the state (state agencies, social movements, experts), influence the way women’s cause is conceived within the state. First inferred from an analysis of the general directions of women’s policy, this influence is then demonstrated based on a more specific study of the strategies developed by women’s policy agencies in the legal debates regarding the financial consequences of divorce (alimony, compensatory allowance, definition of the matrimonial regimes)
Duvillet, Amandine. "Du péché à l'ordre civil, les unions hors mariage au regard du droit (XVIe-XXe siècle)." Phd thesis, Université de Bourgogne, 2011. http://tel.archives-ouvertes.fr/tel-00697010.
Full textJustafré, Marc. "Permanence et mutations d'une famille au sein d'une communauté des Pyrénées catalanes : les Justafré de Las Illas, du XVIe au milieu du XIXe siècle." Toulouse 2, 2001. http://www.theses.fr/2001TOU20028.
Full textThe genealogical reconstitution of the Justafré family between 1497 and 1841 confirms that they are native of Las Illas, an isolated parish since 1659 in the Catalan Pyrenees between France and Spain. The prosopography of the male Justafrés, frome the XVIth to the XIXth century, shows their demographic and their socio-economic evolutions, based on farming, breeding and crafts, in the communities of Roussillon and Catalogne around Las Illas. As far as the middle of the XVIIth century, the Las Illas community, composed of a few land-holders, is structured around its church and its seigniory. La casa Justafré is a large part of it and plays an important role in it. There apperas a younger line of descendants who unite the lands, organize the weddings and hold seigniorial and municipal functions. From the middle of the XVIth century to the end of the XVIIIth century, the community organizes itself and enriches with new families, who, owings to the breaking apart of one of the Justafrés’ domains, buy the lands and create the hamlet of Las Illas. The development of the Baille farm-house shows the notability and the wealth of the casa pairal Justafré. The inheritance practice of the universal heir maintains the permanence and integrity of the family’s patrimony and structures the families in these Catalan communities. After the Revolution, this traditional frame changes when the right to equal sharing between heirs is enforced. Since this law threatens the unity of heritage, the family has to adapt to preserve its patrimony in these times of changes. In Las Illas, still the head of this rather unsubdued Catalan community, the Justafré family must take into account the French State which interferes in daily life, for example by fighting against smugglers and brigands
Bouyahia, Sabrine Maya. "La proximité en droit international privé de la famille français et tunisien : actualité et perspectives (étude des conflits de lois)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020103/document.
Full textThe following study is aimed to determine the broad place of the proximity in Private International Family Law within French and Tunisian legal systems. First of all, this analysis draw attention to the differences between countries in the identification of the connecting factor in abstract way within personal status matters as well as the methods used to designate it. Then, it underscores the deficiencies observed within the integration of this process in both countries.Thus, the general position of the Tunisian legislator which is in favor for connecting factor offamily relationships to nationality fits into a perspective research of proximity as provided in the Tunisian system. Unlike, the French system requires a different choice reflecting the composition of the French society. The proliferation of habitual residence in the French rules of conflictem bodies more than nationality, the connecting factor of proximity in France.However, the forecasts of pre-established rules of conflict are undeceived and may require, when applied, their correction in terms of conflict and material. Such corrections require the intervention of judges to verify the compliance of the result with the specificity of the relationship of law on one hand and the compliance of the provisions referred by the law of the Forum on the other hand. Nevertheless, when the legislator intervened, it becomes difficult to allow the assessment of the result pre-determined of the rule of law to the judge. Therefore, the appreciation of the judge for such prerogative is apprehended by legislators of both legal systems already studied because of the insecurity that could generate. Nonetheless, there are methods which allow the reconciliation of requirements of proximity withthose of legal security. Consequently, it would be more appropriate to identify them before proposing the necessary reforms within studied systems to better embody the proximity
Corso, Cécile. "Les conventions bilatérales franco-marocaines à l'épreuve de l'européanisation du droit : Étude de droit international privé de la famille." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3046.
Full textThe French-Moroccan agreements of October, 5th 1957 and August, 10th 1981 establish the base of the bilateral cooperation between French and Moroccan States in the field of private international family law. Negotiated several decades ago, they have for objective to guarantee to the nationals of both States the application of their personal status on the territory of the other State and to insure the protection of the children and the maintenance creditors. These conventions however came up against the differences existing between the French and Moroccan legal orders. The increasing Europeanisation of the private international family law invites to wonder about the place left by European laws for the application of the French-Moroccan bilateral agreements. The applicability of the French-Moroccan conventions is put to a test by the increasing influence of the European regulations articulated with the Hague Conference’s conventions. When they are applicable, the French-Moroccan agreements are submitted even there to European laws. Then, the influence of European law can serve the conventional objectives and carry the French-Moroccan agreements towards more efficiency, or bend the bilateral obligations when the European values are questioned
Boutitie, Laurence. "L'opposition en droit privé." Phd thesis, Université Montesquieu - Bordeaux IV, 2004. http://tel.archives-ouvertes.fr/tel-00128790.
Full textSaulier, Maïté. "Le droit commun des couples : essai critique et prospectif." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010315.
Full textThe civil code allows those who wish to share their lives to choose one of the following ways: to live a concubines, sign a P.A.C.S or to be united in marriage. Distinctly different from each other in 1999, these thee forms of union are more and more similar under the rule of law to the extent that a true common law for couples seems to have emerged. This trend towards harmonisation and standardisation was clearly perceived by the doctrine and was explained in several ways. Proof of the influence of the principles of equality and of non-discrimination for some, this common law would be explained by others as the taking into account of the only lifepartnership. These explanations seemed unsatisfactory to us and it was in observing the relations between couples and politics that this unifying momentum seemed comprehensible to us: the common law of couples exists due to the utility that it presents to establish state functions, whether they be social or economic. De lege lata, the rule of law, the means of political action only recognizes couples individually if this apprehension is useful to the State. This utility is perceived from time to time, which leads to a Jack of common law, built by successive and incoherent levels. A review of the usefulness of couples for the implementation of state functions, in association with the essential protection of the preservation of pluralism, would allow for the reconstruction, de lege ferenda, of a more coherent and more logical common law for couples
Filippi, Jessica. "Droit pénal des mineurs et justice restaurative. Approche comparée franco-belge." Thesis, Pau, 2015. http://www.theses.fr/2015PAUU2004.
Full textThis research focuses on the juvenile criminal law and restorative justice in a comparative approach between France and Belgium. Beyond revealing the similarities and differences of these countries in these fields, the research also carters to the difficulties encountered by France and Belgium in the acceptance of restorative justice in juvenile criminal law and its development in the judicial institutions. By studying the reasons that led France to miss the “turning” of restorative justice and those enabled, in Belgium enabled, the implementation of restorative justice in the criminal law for minors, anchor points have been identified for its development in the order of 2 February 1945. Subsequently, an experiment in youth justice service on the reparation measures was led considering difficulties which concern the service itself (actuarial logic, supervisory, financial, professional ideologies and fears). Our analysis of practices in the youth justice services on the reparation measures, reveals that the experimentation of restorative justice is limited by a managerial rationality treatment of juvenile criminal phenomenon. Also, some of the minor approaches and their implementation in the measure facilitate (psycho-criminological approach to acting out part and a psycho-socio-educational dimension in reparation) or inhibit (criminological approach to act itself and a retributive dimension in reparation) restorative justice programs. However, even if the practice facilitates experimentation and that educators apply “direct reparation”, ideological barriers remain in dealing with victims. However, it remains essential to underline that, thanks to the presentation of the principles and promises of restorative justice educators met, the identified pitfalls fall, mainly with the presence of the victim during the implementation of “direct reparation”. Such a development professional postures omen a harmonious integration of next restorative justice approaches in juvenile criminal law
Mazouz, Asmaa. "La réception du Code marocain de la famille de 2004 par le droit international privé français : le mariage et ses effets." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA028/document.
Full textThis work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems
Dyuka, Alla. "La filiation des enfants nés après une assistance médicale à la procréation dans les Etats de l'ex-URSS : Russie, Ukraine, Kazakhstan, Biélorussie." Thesis, Paris 10, 2021. http://www.theses.fr/2021PA100168.
Full textThe present study examines medical assisted procreation laws in Russia, Ukraine, Belarus and Kazakhstan and also rules of determination of legal parentage of children born with these techniques. It also talks about the differences and similarities between the legal frameworks of these countries, which are based on the common Soviet system. The study also compares these laws with the French ones. Particular attention is paid to the legal reforms in Russia and Ukraine, but also to the Court decisions of these two countries, which reflect an imperfection of the legislative framework and the fragility of the filiation of children born from surrogate mothers. In the era of reproductive tourism, a balance between child’s best interests, those of intended parents, the surrogate mother, gamete providers and state are sought on national and international levels
Thurillet-Bersolle, Angélique. "Droits européens et droit de la famille : contribution à l'étude de la dynamique du rapprochement." Phd thesis, Université de Bourgogne, 2011. http://tel.archives-ouvertes.fr/tel-00697011.
Full textLópez, Morillo Luis. "Les Bourbons sacrés : musica sacra y liturgia de Estado en las cortes de Roma, Madrid y Versalles (1745-1789)." Thesis, Sorbonne université, 2018. http://www.theses.fr/2018SORUL174.
Full textThis thesis attempts, for the first time, to address a comparative analysis of the role that liturgical music played in the process of building the sacred image of the sovereigns of the Bourbon House of France and Spain as part of the religious ceremonies celebrated in Madrid and Versailles during the last decades of the Ancien Régime, as well as the role that the example of the Pontifical Chapel played in this process. The main purpose of this study was to provide a conceptual framework and analytical model that would allow a global study of sacred music for these ceremonies to be approached from a perspective closer to cultural history than traditional musicology, but always starting from the analysis of the performative aspects that revealed the reciprocal interaction between music and the ceremonial, political and historical context of which it was a part. Along six chapters, we examine the elements that shaped the ceremonies of the State liturgy, conceived at that time as sacred representations: the different scenes in which they took place, the actors, the ceremonial, as well as the functioning of the different styles of singing used to solemnize both the ordinary and extraordinary ceremonies celebrated in Rome, Madrid and Versailles between 1745 and 1789. This included not only sacred music works produced ad hoc by the choirmasters, but also other music, such as plainchant, counterpoint or faux-bourdon, which were sometimes performed by improvisation or memorization as part of this same system of representation
CANDIANI, STEFANO. "IL MAESTRO DEL 'PANTHEON' E LA SUA BOTTEGA A MILANO NELLA CULTURA FIGURATIVA LOMBARDA DELLA PRIMA META' DEL XIV SECOLO." Doctoral thesis, Università Cattolica del Sacro Cuore, 2019. http://hdl.handle.net/10280/119345.
Full textThe thesis is divided into four chapters. The first traces the status questionis and the critical fortune of the Master of the "Pantheon" and of his workshop: this artist, in fact, has been known for a century. Therefore, the various interventions of the scholars have been enumerated, focusing on the main ones, exposing them, criticize them and removing the hypotheses that are less probable today. In the second chapter, was provided an analysis of the ms. Lat. 4895 (Paris, Bibliothèque nationale de France), showing the specific characteristics firstly of the Bolognese illuminator, active in the first leaves, and secondly of the Master of the "Pantheon", active in the remaining leaves. The third chapter analyzes the codes attributable to the workshop of the Master of the "Pantheon", placed chronologically in the fourth decade of the fourteenth century, as well as the volumes commissioned by Bruzio Visconti, who was a prolific patron of illuminated manuscripts between the fourth and fifth decade of the fourteenth century. Finally, in the fourth chapter, is showed the connections between the Master of the "Pantheon" and the Lombard figurative culture of the first half of the century; also bringing out the figure of Giovami Visconti, archbishop of Milan, as patron and owner of manuscripts.
Lewis, Elizabeth Faith. "Peter Guthrie Tait : new insights into aspects of his life and work : and associated topics in the history of mathematics." Thesis, University of St Andrews, 2015. http://hdl.handle.net/10023/6330.
Full textSemmens, Justine. "Sex crime appeals at the Parlement of Paris, 1564-1655." Thesis, 2021. http://hdl.handle.net/1828/13301.
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2022-08-09