Dissertations / Theses on the topic 'Faure law'
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Sun, Huojun [Verfasser], and Michael [Akademischer Betreuer] Faure. "Law, Informal Institutions and Trust - An Experimental Perspective / Huojun Sun ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1128820501/34.
Full textReznichenko, Elena [Verfasser], and Michael [Akademischer Betreuer] Faure. "Cost-Effective Criminal Enforcement : A Law and Economics Approach / Elena Reznichenko ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2019. http://d-nb.info/120010210X/34.
Full textBiard, Alexandre [Verfasser], and Michael [Akademischer Betreuer] Faure. "Judges and Mass Litigation - a (Behavioural) Law & Economics Perspective / Alexandre Biard ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2016. http://d-nb.info/1120623448/34.
Full textBiard, Alexandre [Verfasser], and Michael G. [Akademischer Betreuer] Faure. "Judges and Mass Litigation - a (Behavioural) Law & Economics Perspective / Alexandre Biard ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2016. http://nbn-resolving.de/urn:nbn:de:gbv:18-82042.
Full textRehman, Faiz Ur [Verfasser], and Michael [Akademischer Betreuer] Faure. "Essays on the Law & Economics of Terrorism in Pakistan / Faiz Ur Rehman ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1139844199/34.
Full textLan, Chih-Ching Verfasser], and Michael G. [Akademischer Betreuer] [Faure. "A Law and Economics Analysis of Policy Instruments to Prevent Deforestation and Forest Degradation in the Tropics / Chih-Ching Lan ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2019. http://nbn-resolving.de/urn:nbn:de:gbv:18-98063.
Full textLan, Chih-Ching [Verfasser], and Michael [Akademischer Betreuer] Faure. "A Law and Economics Analysis of Policy Instruments to Prevent Deforestation and Forest Degradation in the Tropics / Chih-Ching Lan ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2019. http://d-nb.info/118931973X/34.
Full textKrsmanović, Duško [Verfasser], and Michael [Akademischer Betreuer] Faure. "A Law and Economics Analysis of Lobbying Regulation : Towards an Optimal Structure Through the Cost Indicator Index / Duško Krsmanović ; Betreuer: Michael Faure." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1133262155/34.
Full textChenini, Anthéa. "Les mobilisations des étudiants et des enseignants de 1968 à l’application de la loi Faure : sociohistoire de trois universités de province (Poitiers, Limoges et Tours)." Electronic Thesis or Diss., Limoges, 2024. http://www.theses.fr/2024LIMO0069.
Full textBased on a corpus of written and oral sources, we sought to understand, from a socio-historical perspective, how students and teachers from three provincial universities – Poitiers, Limoges, and Tours – mobilized in May-June 1968 and in the early 1970s (what later became known as the “1968 years”). In this work, we aimed to link the transformations of the student world, both through the structuring of its spaces and networks and through the material and symbolic struggles it embodies, with the institutional and socio-cultural changes of the university. The thesis focuses on the implementation of the Faure Law (1968), which has been relatively understudied in the prolific literature on May 1968. Conceived as a series of analytical entries centered on processes and/or actor relations, it varies different levels of reading across the sites while aiming for depth of field on specific objects (movements, institutional work, etc.). In this research, we paid particular attention to the role of space, including its material aspects, as the observed dynamics can only be understood in light of local actor configurations, the outcomes of past struggles, issues specific to an institution, or its relationships with local communities
Fournier, de Crouy Nathalie. "La faute lucrative." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015PA05D006.
Full textUnder french law, some faults can provide to their author more than the fault costs to them. In others words, some faults can procure an illegal profit because Law doesn't confiscate it or not efficiently. For example, it can be a cartel on prices, a violation of private life by a paparazzi magazine, or a fraud on consumer goods.... The aim of our thesis is twice. Fistly, we will try to understand why such behaviour is possible : what is the legal classification stage, after which we will propose a definition of lucrative fault in tort law, criminal law and competition law. Secondly, we are going to suggest a legal processing, method to deter this misbehaviour, what is the second step of our demonstration. Thus, in support of the economic model of deterrence by Gary Becker, we will determinate the conditions of effectiveness of a public punishment and of a private punishment. Among them, we will make the difference between the choice of the punishment and the probability of being decided
Rutayisire, Paul. "La faute lourde du travailleur: étude comparative des droits burundais, belge et français du travail." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213302.
Full textDuchesne, Thibaut. "La responsabilité pour faute de l'actionnaire." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0051.
Full textShareholder liability is an emerging concept whose study reveals the contemporary mutations of corporate law. Since companies are asked to be more socially responsible, we have to reconsider the status of the shareholder, formerly considered irresponsible, in order to build a responsibility for fault that concurs with and actualizes the new aspirations of corporate law.The design of such a liability requires us to get rid of the objections drawn from the traditional rules of corporate law that seemingly protect the shareholder : limited liability, freedom to vote, corporate veil... The penetration of the company in the heart of corporate law as well as the rewriting of article 1833 of the Civil Code model today a new status of the shareholder, one that establishes their liability. In addition to a contractual status centered on the common interest involving collective discipline, the shareholder is now endowed with a status standardized by the social interest, which aims at the preservation of the company and its stakeholders, from which all the consequences must be drawn.This redefinition of the status of the shareholder must be deployed on the positive law of liability for shareholder's fault in order to give it unity and coherence. The study thus seeks to demonstrate that shareholder liability should be further extended and systematized, by proposing a coherent regime. Through the common law of civil liability, maybe could emerge the figure of a vigilant and socially responsible shareholder
Forster, Ninon. "La responsabilité sans faute de l’Union européenne." Thesis, Paris 2, 2019. https://www-stradalex-eu.passerelle.univ-rennes1.fr/fr/se_mono/toc/RESFAUE.
Full textOften invoked in actions for damages before the Court of Justice of the European Union to overcome obstacles to the engagement of the European Union's extra-contractual liability, nofault liability is a vague concept whose definition, nature and very existence are contested. However, the study of this concept, based on the case law of the Court of Justice of the European Union, reveals an original Praetorian construction based on the influence of national laws on public liability. Liability without fault has acquired, with the judgments of the Court of Justice and the Court of First Instance, a consistency which makes it appear to be a legal category comprising several liability regimes in which proof of wrongful activity by the institutions of the European Union or its agents is not necessary to engage in non-contractual liability. However, no-fault liability is hardly an effective legal remedy available to individuals because of the judge's reluctance to expressly recognize it as a principle of extra-contractual liability and because of the rigorous interpretation of the conditions of its validity
Etier, Guillaume. "Du risque à la faute : évolution de la responsabilité civile pour le risque du droit romain au droit commun /." Bruxelles : Bruylant [u.a.], 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517303213.pdf.
Full textPrisner-Levyne, Yann. "La protection de la faune sauvage terrestre en droit international public." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D086/document.
Full textTerrestrial wildlife is actually facing a sixth mass extinction which is mostly anthropogenic contrary to past mass extinctions. After the international community took notice of the problem in the 70s, an increasing number of legal instruments were adopted in order to protect terrestrial wildlife worldwide. Yet, wildlife populations continued to decline. Through this terrible assessment, it is the efficiency of the international legal regime of wildlife protection which needs to be questioned and scrutinized.The crux of the problem lies in the fact that terrestrial wildlife is considered as a natural resource. As such, each State has jurisdiction to manage, exploit, deplete, or even destroy wildlife resources located on their territory pursuant to the principle of permanent sovereignty over natural resources. However, this principle is in contradiction with ecological and biological realities Indeed, terrestrial fauna, apart from the fact that it may move from one State to the other, is involved in the maintenance of ecosystems and other complex biological processes which effects are felt way outside the borders of a single State. As a result, the exploitation of wildlife resources in one State can have dire consequences on the environment of other States. As such, sovereignty over wildlife resources cannot be absolute which the principle of good neighbourliness imperfectly captures. Yet, it appears that the application of this principle in the context of the conservation of wildlife resources raises a certain number of uncertainties due to the difficulty to translate in legal terms the complexities of the ecological processes involved. Consequently, terrestrial wildlife should not be regulated by the same legal regime as the one applicable to extractive resources which are invariably located within the borders of a single State and are not part of any transnational ecological process. Maybe would it be more relevant to apply a legal regime similar to the one applicable to international waterways, most of them are considered as de facto shared resources implying a regime of common management between Riverine States without their respective sovereignty being challenged in any way. Yet this solution is not the one that prevails under international law as far as wildlife resources are concerned. The actual regime is entirely built around the principle of terrestrial sovereignty over natural resources where each State is responsible for implementing its international obligations in its own territory. [...]
Canselier, Guillaume. "Les données acquises de la science : les connaissances scientifiques et la faute médicale en droit privé." Paris 1, 2006. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/les-donnees-acquises-de-la-science-9782848741338.html.
Full textThioye, Malick. "Le droit mauritanien de la responsabilite civile : approche des notions de faute et de dommage." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0055/document.
Full textThe law is truthfully linked to our society, his development depends on the moral, the traditions, the cultural believes and the locals cultures. When you want to develop your country, you need to have good rules and principles in order to regulate the relationship between people. The responsibility is the obligation to respond at the damage you can cause to another person and it can lead to civil and criminal prosecution... It is the phenomena of responsibility in the legal order. Furthermore, the quasi-contracts require licit facts, but the crimes, the quasi-crimes are illegal facts, intentional or a simple negligence. All of this are the civil responsibility, which are the object of this PHD. The goal of the insurance companies and the social security is important, because they repair the damages of people. But, when you want to have a reparation, you might join these three conditions: the fault, the damage and the causal link. Face of this situation, we are going to study the different elements which lead to the civil responsibility and their impacts on the compensations in Mauritania law
Zhuang, Chuanjuan. "Protection juridique du savoir-faire traditionnel en médecine : comparaison entre le droit français et le droit chinois." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10058/document.
Full textThroughout the world and even in remote territories, and for centuries, men and women grow and share biological resources as well as knowledge which they use to practice medicine. This traditional know-how in medicine need to be protected, in particular against biopiracy and predatory patents in order to be able to develop, be valued or merely exist. To that end, in order to understand and clarify the field of possibilities, this study considers the protection of this traditional knowledge from various legal perspectives which go beyond national borders. This study first undertakes to define what a traditional know-how in medicine is and to establish a historic and legal overview. Then, it explores the protective possibilities and the pitfalls of intellectual property laws as well as the numerous existing legal openings. Among these are presented sui generis legislations and major international agreements, to the rank of which emerge the Convention on Biological Diversity (CDB) and the Nagoya Protocol, described in a heterogeneous way by several nations into their legislation. In order to achieve these conclusions, this research relied on a main thread stretched out between two iconic countries, France and China
Mathlouthi, Thouraya. "L’apport en société, technique d’exploitation des créations intellectuelles : étude à partir des droits de propriété industrielle, du savoir-faire et des noms de domaine." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015PA05D003.
Full textThe study of the contribution agreement dynamizes the classic contractual scheme of intellectual property exploitation based on the pair licence- assignment and provides a detailed analysis of the mechanism of the contribution to a company. Despite a certain similarity to conventional intellectual property exploitation contracts, the contribution agreement is an original contract. This originality is reflected legally by a hybrid nature as well as a heterogeneous applicable system. Regarding intellectual property, the contribution agreement is a specific act of exploitation of intellectual goods. Regarding company law, it is the agreement which enables delivery of the intellectual goods to the company and constitutes an essential element of the company¿s constitution. This duality directly affects the conditions of contract formation as well as its effects. Although the applicable system is based on the traditional contracts of exploitation of intellectual goods, in particular the articles of civil law relating the sale and lease of tangible assets, there is no further similarity. On the one hand, the formation of the contribution agreement follows numerous constraints posed by company law and competition law. On the other hand, the understanding of the parties¿ rights and obligations differs. The relationship between the company and the contributor is imbued with the intuitu personae attached to intellectual goods as well as the affectio societatis resulting from the nature of the partnership agreement. Given the lack of regulation adapted to the specificity of intellectual property contribution agreements, the emphasis has been put on contract drafting. Such a legal deficiency must be supplemented by contractual freedom without breaking the principles of public policy
Armbruster, Néda. "La réception de règles de droit exogènes : l’exemple de la mise en jeu de la responsabilité sans faute de l’Etat du fait de ses actes normatifs en France et aux Pays-Bas." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20019.
Full textThe aim is to analyze the junction of general principles of law at European level. this study is limited to the general principles of the right to these two legal cultures, to the principles accepted by the jurisprudence and imposing itself on the administration and its relations with individuals. it will thus be necessary to answer several questions, including: do general principles of law really tend to converge? Is it necessary to detect a uniformity of law under the influence of the general principles of European rights or does it make it possible to emphasize that certain principles are "universal"? if not, why do certain principles remain specific to certain legal systems? should we not see in European rights the possibility of enriched by the general principles of rights of extranational origin? but also to share the general principles of French law? /
Supera, Sasha. "La responsabilité civile extracontractuelle pour faute comme fondement de la sanction de l'abus de la liberté d'expression." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS564.
Full textTortious liability or Torts are useful to obtain compensation for damages of Speech : a careless paper, an unkind word or the disclosure of confidential informations. Tortious liability is currently used by the States of Belgium and Luxembourg. However, in France, on July 12th 2000, Cassation Court judges took several decisions to prevent tort law to be used in Freedom of Speech processes. Since then, France has been on a wrong path. This dissertation attempts to prove necessary the return of tortious liability in the media industry and law. France is often targeted by the ECHR for violation of article 10 (freedom of speech rights). So far, noone dared to form a request to the Strasbourg Court on the French Tort law ban. However, several reasons and arguments are available to the reader in order to expect that eventually France will be found wrong to keep on the ban of civil liability in speech freedom cases
Gnohossou, Pierre Midogbo Moreau Jacques. "La faune benthique d'une lagune ouest africaine (le lac Nokoue au Benin diversité, abondance, variations temporelles et spatiales, place dans la chaine trophique /." Toulouse : INP Toulouse, 2007. http://ethesis.inp-toulouse.fr/archive/00000481.
Full textGnohossou, Pierre Midogbo. "La faune benthique d'une lagune ouest africaine (le lac Nokoue au Benin) : diversité, abondance, variations temporelles et spatiales, place dans la chaine trophique." Toulouse, INPT, 2006. http://ethesis.inp-toulouse.fr/archive/00000481/.
Full textCalliou, Brian. "Losing the game, wildlife conservation and the regulation of First Nations hunting in Alberta, 1880-1930." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ60048.pdf.
Full textErismann, Julie. "Développement hydro-agricole au sud-est du lac Alaotra (Madagascar). Histoire, limites et pespectives de la maîtrise de l'eau." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30014/document.
Full textAlaotra lake is the biggest body of fresh water in Madagascar and the vast plains surrounding it, have naturally become highly coveted by the various authorities over the course of it’s history and its colonization. Primarily based on rice cultivation, this region has benefited from numerous rural planning projects. As a result, the landscape as well as the relationship between the people and their land has been transformed. Over time, the combination of knowledges and know-how farmers, technicians and the research interest in this area, have made it Madagascar’s most significant rice granary. This geography thesis is structured around water management, an essential resource in a country based on rural economies. Through the study of the southeastern valleys, we will focus on showing the extent to which the hydro-agricultural planning allows us to consider better agricultural and territorial development and how, in a context of decentralization, the control and the appropriation of natural resources by local actors can lead to renewed management dynamics and procedures in their environment
Ny farihy Alaotra no fihebanandranomandry lehibe indrindra ao Madagasikara , ary ny tany lemaka midadasika manodidina azy no nanitona ny fitsiriritan’ireo manampahefana nifandimby tao amin’ny tantaran’ny fiorenamponenana.Ny fambolem-bary no votoatim-piainana ao amin’io faritany io , ary fanajariana marobe no efa nanova tanteraka ny endrikin’ny tany sy ny fonenana eo . Ny fandrindrana ny fahalalàna sy fahaiza-miasan’ny tantsaha, ny mahay taozavatra , sy ny finiavan’ny mpikarodalana no nahatonga azy ho « lavabarin’i Madagasikara ». Manodidina ny fanafolahana ny rano , andry ijoroan’ny toekarenan’ny antsaha , no namolavolàna ity tandro-kevitra fandinihantany ity. Avy eo amin’ny fikatsahana natao tao amin’ireo lohasaha ao Atsimo-atsinanan’Alaotra no niaingan’ny sainay hampiseho fa ny fanajariana ny rano sy asatany no hahafahana mihevitra ny fivoaram-bokatra amin’ny voly sy ny faritany ; ary koa ao anatin’ny fitsinjarampitondrana , dia hahitàna fa ny fandinihana sy ny fandraisana an-tanana ireo loharanon-karena velona ataon’ny mpiasa eo antoerana no mety hiteraka fampandrosoana sy fivaozan’ny fitantanana ny toe-ponenana manotolo
Deshayes, Olivier. "L'amélioration de l'application et de l'interprétation uniformes des conventions internationales relatives au contrat de transport : le cas de la faute qualifiée." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR034.
Full textThe purpose of international conventions of uniform international trade law is to adopt a set of rules that are common and directly applicable to the legal relationship between the parties to an international commercial contract. The uniformity of these conventions can, however, be broken by divergent interpretations of which some of their provisions are the subject of the various national judges. This is particularly the case of the provisions relating to misconduct described in the international conventions of uniform law relating to the contract of carriage. In order to reduce differences of interpretation in this area, it has been proposed to change the wording of this qualified fault which, after having been formulated by means of a standard, has thus been made by means of a definition. This thesis was at first interested in the study of the results obtained in terms of uniformity of interpretation of this qualified fault under the influence of the standard, then under that of the definition. This made it possible to highlight the fact that beyond the drafting of the qualified fault by means of a standard or a definition, the divergences of interpretation appeared or could appear because of various disruptive elements which have been identified and for which a first level of proposals for solutions has been made. However, these proposals for solutions, which generally consist in adopting an interpretation taking into account the various disruptive elements of uniformity of interpretation that have been identified, must be implemented through mechanisms that are necessary to create. This is what this thesis proposed in a second step. The purpose of these mechanisms is to issue interpretative recommendations on conventional provisions that are the subject of at least potentially divergent interpretations. These recommendations are addressed to the courts of the States Parties to the conventions concerned and enjoy a sui generis status which justifies them being taken into account by the judge.If it is the misconduct described in the international agreements of uniform law relating to the contract of carriage which served as support and guideline for this study, the proposed elements of solution are however intended to apply, according to the same scheme, in other fields than transport law, governed by international conventions of uniform international trade law
Jamet, Jean-Louis. "Importance de la faune ichtyologique dans le lac d'aydat, milieu eutrophe de la zone temperee nord, ses relations trophiques avec les autres composants de l'ecosysteme." Clermont-Ferrand 2, 1991. http://www.theses.fr/1991CLF21324.
Full textBarthel, Pierre-Arnaud. "Faire la ville au bord de l'eau : les lacs de Tunis : des marges urbaines à des sites de très grands projets d'aménagement." Lyon 2, 2003. http://theses.univ-lyon2.fr/documents/lyon2/2003/barthel_pa.
Full textDuring the past two decades, the Tunis lakes, former significant marginal spaces, have by turns become the sites of four major development projects. Without falling behind other rich countries metropolises, Tunis got itself involved in the waterfront development. Why is the Tunisian capital seizing hold of the lakes and its shores it has neglected up till now? How is the city creating itself at the water's edge? After studying the heritages of Tunis' relation to its water site, the author analyses the urban development of the lakes that reflects, on the one hand, a changing approach to landuse planning and, on the other hand, the physical and intellectual reintegration of water site in the spatial organisation and the identity of the capital. Finally, the study of the territorial construction of "Les Berges du Lac", the first planned waterfront to be used to this day, ends this research
Ougier, Stéphanie. "L'alimentaire et l'indemnitaire dans les règlements pécuniaires entre époux consécutifs au divorce - étude comparée de droit français et de droit canadien." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020031/document.
Full textHistorically post-divorce laws between spouses was based in France, Canada and Quebec on penalizing the responsible party of the separation. Although from different law traditions, Canadian and French law recognized an important place to the fault in their divorce laws. However, the tendency of the French and Canadian societies to be more individual and to pacify conflicts, divorce law had to change to become more objectivized. The movement of removing the fault in divorce permitted the creation of new institutions based on compensation, equity and solidarity which is symbolized by spousal support and alimony. The studied laws are characterized by diverse institutions, are founded on different grounds. These institutions inspired by different law traditions are thus very similar such as the Canadian on compensatory spousal support and the French compensatory obligation that we call "alimony compensatory obligation". This diversity impose us to think about the possibility of a renewal and rationalization of the existent institutions in order to be simplified and comprehensible for the future divorce spouses. A greater freedom of contract should also ensure the appropriation of the divorce's consequences by the divorced spouse with help of lawyers, mediators and judges. Once the divorce humanized, the question of the pacification of the dissolution/ ruptures of other types of union such as common law marriage or civil partnership. The increasing number of those new couples, it is becoming a necessity to take in consideration the consequences of their dissolution and draw a new common law for their dissolution
Baillat, Mathilde. "La preuve en droit des pratiques anticoncurrentielles." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010322.
Full textCompetition law is markedly complex and original. Addressing both companies and markets, it combines punitive and regulative features, uses economic as well as legal tools of analysis and stands at the intersection of national and European law in both its procedural and substantial provisions. These features undoubtedly affect its use of evidence and proof. While competition law's fi st aim is to protect public economic policy, it also ensures the protection of private and individual interests against anti-competitive practices. Combining aspects of both private and public law in a complementary way, it effectively protects the interests of public policy by ensuring the protection of private actors against anti-competitive practices. While the double nature of the law on anti-competitive practices entails a different treatment of proof and evidence in the respective fields of public and private enforcement, both aspects need to be addressed together in order to reach a dynamic balance between the imperatives of competition law on the one hand and the requirements and guarantees embodied by the rules on proof and evidence on the other hand. Recent developments show that a balance between substantial and procedural rules on proof and evidence has indeed been reached in the fields of both public and private enforcement. A close study of the law on proof and evidence in the field of anticompetitive practices thus shows that today's competition law tends towards ensuring its efficient implementation as well as protecting the rights of its actors
Kodmani, Ahmad. "La responsabilité de l’Etat sans faute du fait des engagements internationaux : Devant le juge administratif français." Thesis, Angers, 2015. http://www.theses.fr/2015ANGE0044/document.
Full textThe question of the state’s responsibility towards international engagements is subject to jurisprudential evolutions. In 2011, the Counsel of the State dedicated the responsibility without fault due to the international customs. These dedications provoked a debate about the founded assimilation between the responsibility of the acts of laws and the responsibility due to the international conventions. Concerning this, one must turn to the past: the system of responsibility based on the occurrences of international conventions inaugurated with the stop of the company of radio electric energy. In 1966, the Counsel of the State overtook the problem of the theory of government act and constituted a system of responsibility based on the principle of equality before the public charges. The rule of reparation is not destined to repair the damages directly resulting from the convention, but those caused by its application. It only concerns the abnormal and particular damages. This state of responsibility was accepted under the close terms of the system of responsibility on the acts of laws.Today and with the jurisprudential evolution, a disassociation operates between the responsibility of actions on international engagements and the responsibility of the acts of law. It seems possible to sanction independence from the system of responsibility of actions of international engagements and that of law
Ducharme, Théo. "La responsabilité de l'Etat du fait des lois déclarées contraires à la Constitution." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D022.
Full textThe responsibility of the State for unconstitutional statutes, which is among the last islets of sovereign immunity, is about to be enshrined in French law. The flourishing of a constitutional mode of parliamentary sovereignty as expression of the general will, completed by the entry into force of an original form of indirect concrete review of parliamentary legislation -the so-called "priority preliminary ruling on the issue of constitutionality" (Question prioritaire de constitutionnalité) -, led the Paris Administrative tribunal to recognize a legal remedy allowing the compensation for damages resulting from the application of an unconstitutional statute. Indeed, by virtue of the constitutional principle of responsibility, which the Constitutional Council has derived from article 4 of the Declaration of 1789, the State is held accountable for the unlawful acts committed by its legislative body. In this kind of situation, if an act cannot be considered "unlawful" on the basis of the State's responsibility because of laws that disregard France's international commitments, it can always be so on the basis of the responsibility of the State for unconstitutional statutes. The constitutional principle of responsibility, as a legal basis, constitutes a norm that confer power to the administrative judge to qualify the unconstitutionalities pronounced by the Constitutional Council as a fault of a nature to engage the responsibility of the State. The parliamentary legislation is no longer this indisputable and uncontested act. From now on, any irregularity in a legislative provision can justify engaging the responsibility of the State
Amaral, Pedro. "Le contrat de franchise au Brésil." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10072/document.
Full textAs any other developing country, Brazil is very sensitive concerning foreign investments, which stimulates its industry and commerce, domestically or cross borders. At the same time, legal safety is one of the keys in this Brazilian international commerce consolidation, especially vis-à-vis Europe and France, in order to ensure a sustainable and continuous development of the country. In this context, in 2001 already, several political and legal aspects were mentioned by the World Bank and the French Government as true barriers to foreign investment : bureaucracy, work force cost, taxation, technology transfer, and the respect to contracts and international treaties. The present essay aims to contribute to the development of the relationship between Brazil and the franco-european investors, by providing a better comprehension of the Brazilian legal system, through a comparative analysis of the franchising agreement, which demands deeper studies in view of its complexity, concerning particularly contract law, competition and intellectual property
Bianco, Alessandro. "Le contrat de franchise : contribution à une analyse relationnelle." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3012.
Full textThe franchise agreement organizes the transmission of trade secrets and business plans. Given the complex nature of this performance , the contracting parties over time become true partners , so that the franchise agreement acquires a relational dimension. Despite the existence of a relational dimension, French contract law still rule the franchise agreement using the standard cognitive model offered by classic contract theory. Such an approach risks ignoring the real problems that partners can meet , which may lead to the application of inappropriate solutions. The proposal for a relational analysis aims to reduce such a risk. Based largely on the work of the North American contract law doctrine , the relational analysis is attracting more and more French scholars especially because the proposed arguments follow the French legal system's evolution. The relational analysis allows us to understand the franchise agreement's context and propose solutions in harmony with the needs and concerns of contractual partners
Gillig, Philippe. "Mill et ses critiques : analyse d'une prétendue prétention à l'universalité de l'économie politique de John Stuart Mill." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAB006/document.
Full textJ. S. Mill was one of the main targets of a whole critical literature denouncing the pretention of economics to universality, that is to say, to establish natural laws. Among the criticisms one can detect two different angles of attack: that of authors such as Durkheim, Veblen or Schmoller who criticize the claim of political economy to reduce man to a mere homo œconomicus, and consequently to glorify “laissez-faire”; that of Marx who castigates the naturalizing character of capitalist private property in the economic discourse. However, by closely examining Mill’s epistemological texts, we show that this author just happens to be the advocate of his own critics. However, there is no guarantee that Mill says all the truth about his own practice as an economist. Now, we demonstrate that some of his economic writings present indeed a form of universality, in as much as they are not only valid in capitalist market economies
Hoang, Giang Tran Thi. "D’un « diagnostic partagé » à « l’action partagée » : comment le mode projet Living Lab peut alimenter le processus d’aide à la décision du « faire la ville » en intégrant les citoyens pour une ville intelligente." Electronic Thesis or Diss., Université de Lorraine, 2019. http://www.theses.fr/2019LORR0168.
Full textIn the current era, Smart City projects have to deal with big social, ecological and technological challenges such as digitalization, pollution, democratic aspirations, need to be safe, etc. The higher involvement of multi-stakeholders (such as citizens, users, engineers, researchers, elected representatives, etc.) in the different phases of the projects, is one strategy enabling a variety of perspectives to be considered and thus develop a shared vision of the city. Paradoxically, the dynamic and multiple nature of stakeholders appears to be a source of complications and uncertainty in the decision-making process. Getting a consensus, which means legitimizing a group decision-making process, is often difficult to reach because the different expectations, needs and behaviours. The main hypothesis of the present research is that the consensus process could be facilitated by human and automatic tools through identifying conflicting points and following their evolution after several rounds of discussion. This study will propose a general methodology for two kinds of decision-making process supporting the negotiation between stakeholders within a Living Lab environment, an automatic control system that substitutes the facilitator’s actions and a process supervised by human facilitator. First, a methodology based on a multi-agent system is developed for automatic reaching consensus in large scale group of making decisions without facilitators and direct interaction. Then, a second methodology combining a human facilitator and ICT–based supporting tool. A proposition of multi-criteria and multi-stakeholders methodology supporting consensus reaching processes is used as decision support system tool in Smart City projects under Living Lab environment. Both Living Lab decision-making methodologies, the automatic and the supervised process, were developed, executed and validated in concrete case studies. Throughout using both methods, we can compare how different between the theoretical model and a process of experimenting decision-making tools in the real-life. The results of data analysis from experimentation provide suggestions to improve decision-making process of stakeholders with diverse objective and background in Smart City projects
Khanivalizadeh, Saeed. "Les droits de la défense des administrés français et iraniens." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D043.
Full textGiven the progressive growth of the role of government in most activities of today's social and economic life, there are evidently several concerns about finding effective ways to control the excessive power of public administrations. If in the first half of the nineteenth century, there were few cases in which one of the aspects of the rights of defense was respected, in a century, the French judge has recognized these rights as a general principle of law that must be respected even in the absence of a text. Unlike France, the history of young Iranian administrative law shows that the formation of rules concerning the rights of the defense was too difficult. In France as well as in Iran, it is now difficult to find loopholes to this principle. Moreover, through the motivation, the judge will be better able to appreciate the circumstances of an unfavorable decision. The person concerned has the right to be assisted by a representative or a lawyer of his choice, to effectively present his defense. It is also necessary that any person, French or Iranian, be able to access the administrative documents concerning him. In this regard, it is important that non-communicable documents be strictly determined. Whether in France or in Iran, the role of transparency has become more and more remarkable with regard to the efficiency of administrations. Thus, motivation as an essential aspect of the rights of defense may promote this objective. In France as in Iran, when the administrative authority makes an unfavorable decision without the interested party being first heard and knows the reasons, this decision is tainted by illegality and the person concerned can ask for the annulment of ultra vires. If before, it was not even possible to recognize the responsibility of the administration, today and under certain conditions, it is permissible to seek compensation for the violation of the rights of defense, through the evolutions of administrative law
Kim, Ari. "Pratiques administratives et judicaires des grands organismes institutionnels en Babylonie, du VIIe au Ve siècle av. J.-C." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01H013.
Full textThis dissertation aims to examine how the great organization in 7th -5th century Babylon treated subjects who violatesocial, moral, or religious norms to define the concept of faults and crimes against the organization and determine the particularity and punishment given to such transgressions. In religion, the conception of faults and crimes was associate with two principles: ritual taboo and respect toward the hierarchy of priests. ln the case of faults involving judicial procedure, a guarantor was punished with the same sanction given to a criminal or suspect. In the case of moral and social transgressions, the great organization treated its subjects in a fatherly manner. Crimes against the great organization can be classified into two categories: those against authority and those against property. Crimes against authority were punished severely. Meanwhile, in the case of violations against the temple’s legal right to property the crirninal were punished by the amended 30-time payment without exception. During this period, several punishments coexisted, and we can see the persistence of certain rules since the Old Babylonian period until 5th century B.C.E; however, we can also see some interference by Persian law
Leveneur-Azémar, Marie. "Etude sur les clauses limitatives ou exonératoires de responsabilité." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020041/document.
Full textLimitation and exclusion clauses constitute a very common practice in many areas. Although they are more often used in the contractual field, these agreements can also change tort liability of a potential tortfeasor who would already know the potential victim, as a neighbour or a consortium member. Nowadays, despite their utility and practical frequency, these stipulations suffer from an uncertain regime, that gives rise to questions, as much in contractual field as in tort field. Firstly, to know whether an exclusion clause can be invoked by the responsible, we need to verify its validity. Yet, both laws in different fields (transport law, consumer law …) and case law (especially the famous Chronopost case) have affected the classic rules of validity of these stipulations. There is therefore a need to establish new guidelines to clarify this important question. Secondly, it is not certain that the exclusion clause, however valid, will apply. The effectiveness of these provisions is also of great importance. Nevertheless, the rules governing the paralysis in case of gross fault from the responsible and those who regulate the enforceability of clauses to third parties, victims of a damage caused by a breach of contract, should be renovated to sweep away the uncertainties that confuse the subject. At a time when French civil liability law is about to be reformed, this study proposes a new regime for exclusion and limitation clauses in order to restore their true function of foreseeability for parties
Laurès, Bertrand. "Les actions en dommages et intérêts pour les infractions au droit de la concurrence." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100161.
Full textCompetition law is mainly governed by European Union law. Public enforcement ensures fulfilment of EU law. Until recently, and despite recognition in case-law, EU law did not provide for a legal regime enabling victims of anti-competitive practices to obtain compensation of their damage. National law did not have a specific legal regime and victims of anti-competitive practices could apply the common civil liability regime on the basis of ex-Article 1382 of the Civil Code. Given the complexity of litigation, this situation lead to great difficulties for victims to obtain compensation for their damages. EU directive n°2014/104 creates a new legal regime and harmonizes the private enforcement. It has been transposed into French law under ordonnance n°2017-303. This much-awaited reform is subdued. Certainly, there are significant progresses. The directive facilitates the proof of fault, and organizes the communication and production of documents during the proceedings. It establishes a presumption of loss and provides a framework to assess the harm. On the other hand, the reform is rather timid on other elements, such as the fault, its attribution, or the financing of the actions. The purpose of this study is to analyze these new rules to ascertain whether it effectively facilitates actions for damages for infringements of competition law
Ursini, Carine. "Le corps de la personne au travail selon le droit social." Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22020/document.
Full textThe industrial revolution of the nineteenth century saw the creation of large factories, leading to a change in the living and working conditions for the proletariat, whose working conditions were more difficult than we could imagine today. Worker's health became an economic and political issue of great importance. The State, therefore, passed guardianship legislation to protect workers' health: the industrial legislation become labor law, a subset of broader social laws. The labor law provided a balance between the actors of labor relations. It was essentially a law compromise for the purpose of pacification of social relations, a social compromise between the interests of business and those of employees. "Social law", which incorporates both the labor law and the social welfare law, is composed of laws to protect and rules to govern awards for damages for injuries incurred in the workplace. The working man has long been considered a production machine viewed only from a mechanical point of view, but the body is the substratum of the person; it is not a thing. A person is protected under criminal law and civil law, not property law; what we now call fundamental rights and freedoms. In today's workforce, productive activity is much more diverse than in the Nineteenth Century. Social and labor conditions have evolved, as has labor law. Occupational hazards are different and the working man, considered as a whole person, may suffer damage to his physical and mental health. If labor law continues tries to encourage capital gain and workforce safety at the same time, how effective are the regulations that are in place to protect workers from physical harm. Workplace injuries and illnesses will occur, so it becomes important to know the tools of french positive law created to insure reparations in the instances
Darwish, Tarek. "Le principe de neutralité économique en droit constitutionnel : étude de droit comparé : Allemagne, États-Unis, France." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020025.
Full textThis subject carries with it a stake, a fundamental stake: that of the economic action of the State and more specifically that of the economic dimension of its constitution, around which the theses of Friedrich Hayek, Milton Friedman and Walter Eucken have clashed during the last century. The principle of economic neutrality is in fact an illusory principle in the service of the "laissez-faire" and those from whom it benefited between the end of the 19th century and the first half of the 20th century (the advent of progressivism and socialism). The end of the 19th century was to be decisive in the conception of this principle. It was the time of the great industrial revolutions that saw the emergence of "thieving barons" in Europe and the United States. Even today, after the economic and financial crisis of 2008, the principle of economic neutrality questions how the State can or should intervene through its constitution with regard to economic actors. Should a Constitution include a vision of the economy? And in the silence of the Constitution, is the responsibility of a constitutional judge to confer on the State a determined economic identity? This thesis is organized in two moments of reflection. The first part is devoted to the implementation of the ideology of neutrality, based on its historical and economic foundations, which has enabled liberal doctrine to integrate this principle into the legal sphere. Can a Constitutional Court build an economic doctrine based on the principle of economic neutrality? To answer this problem, the second part is devoted to the utopian nature of this principle, through its implementation and political realities. To this end, it appears that a pragmatic reconciliation between the economy and constitutional law is needed
Mondello, Gérard. "Logique environnementale, logique économique : Etude par le contentieux des Installations Classées pour la Protection de l'Environnement (ICPE)." Phd thesis, Université de Nice Sophia-Antipolis, 2009. http://tel.archives-ouvertes.fr/tel-00727231.
Full textHartani, Nahla. "Le modèle français du contrat de franchise et sa réception par les États du Maghreb : le cas de l'Algérie." Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0018.
Full textAppeared these last decades, an original contractual form - the franchising contract - has modified the structure of Algerian retail distribution.The present work has consisted in providing evidence that this contract was, in Algeria, in the line with of the modern contracts of distribution. Even if the contract is submitted to some adaptations because of the extra national character of the contract, it still contains all the essential elements. It is at the same time, a contract of distribution in network, a contract of reiteration of the know-how, a contract of financing and a contract of collaboration.However, this contractual form is still confronted to major restrictions that could affect its development in the future.An innominate contract, the exam of some Algerian contract law rules or contract clauses indicates that the franchising contract does not have all the necessary tools to provide protection to the franchisor and especially the franchisee.Other factors such as institutional, legal or reglementary requirements show that the current state of the Algerian law does not cover the questions that the fran-chising contract can ask for the development of this concept.This research helps to determine the importance of introducing a specific regulation for the franchising contract in order to ensure the durability of this contractual form. In this work, the input of French law appears indispensable
Mondello, Gérard. "Logique environnementale, logique économique : étude par le contentieux des Installations Classées pour la Protection de l'Environnement (ICEP)." Phd thesis, Nice, 2009. http://www.theses.fr/2009NICE0006.
Full textThe French Law about installations (Classified Installation for Environment protection CIEP) is generally understood as a compromise between the protection of economical and environmental interests. This dissertation analyses the terms of this social contract, and, in this aim, we study the different CIEP litigations facing judicial (civil and criminal) and administrative Courts. Then, it is put into evidence the structural difficulties to achieve this goal. This is mainly due to the missing of an effective representation of the Environment in front of these Courts in spite of unquestionable progresses in Law and Constitution. This work makes proposals for the rewriting the CIEP Law by a more comprehensive integration of the fundamental roots of the sustainable development, particularly the precaution principle and the participation of the concerned people. This involves extending strict liability to the precaution
Ariaeipour, Ali. "La responsabilité du fait des produits défectueux en droit des affaires internationales et comparé (droit européen, droit français et droit iranien)." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30018.
Full textProducts liability is the name of a field of law concerning the liability of persons who are engaged in the business of selling or otherwise distributing products who sell or distribute a defective product for harm to persons or property caused by the defect. They are strictly liable. Their liability is a kind of liability which goes beyond the traditional distinction between the contractual and tortious liability. The United-States of America and European Union have the most developed products liability laws in the world. In the United-States the American Law Institute memorialized precedential rule of strict products liability in tort in §402A of the Second Restatement of Torts, and officially promulgated it in 1965. In 1992, the American Law Institute began working on a new Restatement (Third) of Torts on the specific topic of products liability law, approving the new Restatement in 1997 and publishing it in 1998 as The Restatement (Third) of Torts: Products Liability. In Europe, Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) constitutes specific law of products liability of European Union member states. This directive has been transposed in French law by 19 May 1998 act and formed articles 1386-1 to 1386-18 of civil code. Fault is the only legal basis of Iranian products liability law. For solving conflicts of laws and jurisdictions which arise from international trade of products and determining the applicable law and competent jurisdiction we can implement international conventions and regulations which have been elaborated on this subject as well as traditional rules of conflicts of laws and jurisdictions of the countries
Issa, Ahmad. "La responsabilité médicale en droit public libanais et français." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00831491.
Full textQuiniou, Matthieu. "Le contentieux du transfert de connaissances dans les relations entre l'Union européenne et la Chine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020049.
Full textFacing the evolution of international trade and the development of intellectual proper ty trade between companies from different backgrounds, contractual model readjustments and a reordering of dispute resolution systems seems unavoidable. The unsettled legal status of secret knowledge in China and in the EU can be an obstacle to the formalization of their transfer and therefore inhibits the definition of a suitable framework for resolving disputes. Legislators and scholars are currently debating proposals of laws and directives to elaborate this concept and its regime, but only address issues liketor t and disclosure of secret information. Legal scholarship to date has mainly been focused on the voluntary transfer of knowledge and has taken intoaccount the damage caused to secrets. To meet the needs of business operators, these operations should not be limited to "know-how communication contracts” (contrats de communication de savoir - faire). The concepts of “ intellectual good” and " intellectual ownership" theoretically justifyother types of contracts, while Chinese and European laws refer to assignment and license of trade secret . These operations, often provided for in a complexs et of contracts between parties from different cultural backgrounds, can lead to a wide variety of disputes. When disputes occur, national courts do not always provide a level of protect ion of confidential information that meets parties’ expectations. Differences in procedural cultures as well as the Chinese culture of amicable dispute settlement prevent the parties from relying on national courts. The combinations between mediation and arbitration, by their procedural flexibility, can provide a suitable dispute resolution framework taking into account economic and cultural considerations. Therefore, this thesis proposes M² arb Rules that introduce a mediator-expert with a mission of securing knowledge confidentiality during the dispute resolution process
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
Quenum, Cossi. "L'encadrement juridique du droit de grève : étude comparée Benin - France." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0650.
Full textPenal offense and then contractual fault, the strike became a constitutional right in France and Benin. This consecration comes in paragraph 7 of the Preamble of the French Constitution: "the right to strike is exercised within the framework of the laws that regulate it". Article 31 of the Beninese Constitution of 11 December 1990 states: "The State recognizes and guarantees the right to strike. Any worker may defend his interests, either individually or collectively or through trade union action, as provided by law. The right to strike shall be exercised in accordance with the conditions laid down by law ". As the formulas adopted by the French and Beninese constituents were almost similar, it was the legislator who had the task of clarifying the scope of beneficiaries. In common, apart from some variable legal limitations, the right to strike is found both in the public sector and in the private sector. The Beninese and French legislators have specified the conditions under which the right to strike can be exercised and the formalities or procedures to be respected before the strike begins. The French legislature imposed guarantees on the exercise of the right to strike by opting for the principle of the suspension of the employment contract of the striking employee and the maintenance of employment if the strike takes place under certain conditions. Only the gross negligence attributable to the employee makes it possible to terminate the employment contract. The Beninese legislature has not expressly enacted the same rules, leaving the case law to protect and guarantee the exercise of this constitutional right. The powers traditionally recognized by the employer are subject to scrutiny when disciplinary proceedings are instituted against strikers or in the event of a pay deduction for strike action. Protection is only in favor of a strike based on professional demands. In order to properly exercise the right to strike, strikers must inform the employer in advance of their claim so that they can respond to it and avoid the strike if possible. The right to strike must be exercised in the permanent search for compatibility with other constitutional freedoms (property rights, freedom of enterprise, freedom of labor, etc.). There are voluntary conflict prevention and resolution procedures in both countries. The exercise of the right to strike is subject to the invocation of a superior interest such as the general interest, but also sometimes to the obligation imposed on employees to observe a minimum service or even to respond to a requisition order. The system of requisitioning strikers differs in its implementation in Benin and French law. On the other hand, the obligation to observe a long notice as well as the multiplication of preliminary remedies is part of strategies to delay or make difficult the strike. In Beninese law, as in French law, certain grounds or methods of strike are prohibited. By way of indication, the requirement to call a strike by a representative trade union in the public sector constitutes a point of divergence between Beninese and French rights. On the other hand, in both countries, the "statute" of an employee's striker does not preclude the possibility that, in the event of an abnormal exercise of the right to strike, civil or criminal liability may be exercised