Dissertations / Theses on the topic 'Foncier public'
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Dupont, Josselin. "L'émergence d'une politique foncière régionale en Bretagne : de l'identification des enjeux à la création d'un établissement public foncier d'Etat." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20020/document.
During the last decades, we have experienced a general rise of real estate prices as well as the reinforcement of sustainable development issues. This resulted in a "renewal" of land policy in France, with the development of “Etablissements publics fonciers” (EPF). At the same time, there is a withdrawal from the public sphere against a dominant financial logic. In this context, our thesis questions the need to develop land policy at the regional scale. To do so, we have examined the situation of Brittany on the basis of several partnerships (Regional Council, DREAL and EPF of Brittany, ADEF, COST and joint supervision with the University of Liege), with research materials gathered from three distinct research terrains (in Brittany, in France and in Europe). This leaded to a PhD structured in two main parts: on the one hand, a regional diagnostic on land issues for Brittany with a list of mobilized land data and, on the second hand, an original analysis of the EPF tool. Our results show that Brittany is facing fundamental land issues (fast land artificialization due to specific modes of living and demographic dynamics) that impact in different ways the regional territory (rural-Urban and Armor-Argoat disparities). Ourresults also show that the choice of a regional land policy embodied in the creation of an EPF is at the same time very common from a French perspective and very original from a European perspective. In conclusion, we note that the effectiveness of EPF is not yet actually demonstrated and we propose recommendations to Brittany’s decision-Makers
Gillio, Nicolas. "Le foncier, une ressource territoriale pour le développement économique." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAH012/document.
Economic land contributes actively to the development of companies in the territories as a spatial translation of economic activity and as a form of intervention by public bodies in France and in several European countries.The location of economic activities is defined in spatial economics according to the distance to the urban center. The value that economic agents attribute to a central or peripheral location is based on the level of differential rent perceived by landowners. This income, assimilated to the land use cost incorporated in property prices, is a decreasing function of distance to the urban center, which varies according to the different activities (housing, office, retail, industry). The concentration of activities depends on the mechanisms of urban land rent and explains the differences in economic wealth between areas with high concentration of activities and jobs and spaces with low density. The land rent achieved by landowners will result in a trade-off between proximity and distance to the center that the companies would achieve through the market law. However, these explanations are incomplete to explain the divergent economic paths between territories. In spatial economics, land use is adjusted by the firm according to the level of land use they can put up with. However, this approach lacks of relevance when firms derive economic development from a territory without leading to high land rents or when development becomes a strategic issue for the territory. Thus, the concentration of economic activities and land rent are considered as a way to explain optimal locations, but they do not explain all kind of situations. The explanatory model is both dependent on the availability of data, the homogeneity of space and the modeled behavior of economic agents.In order to provide new explanations, we offer an other theoretical approach that is less econometric and more empirical in order to analyze the mechanisms for moderately dense territories where land is highly coveted by private investors. These territories are those of the Plaine de Saint-Exupéry, a metropolitan interface area of the Lyon urban zone, and Metropole Savoie, an area of inhabited plains between Geneva and Grenoble.Using the notion of territorial resource we consider territorial economy to understand the relationships between land and economic activities. The territorial land resource highlights choices of localization for services and industrial activities. These are structured by cooperative relations involving actors in land development and real estate development, alongside local authorities and companies that seek for local ecosystems that are conducive to the development of their business. They may also seek for institutional and geographical proximity, which are different from the concentration of activities.The territorial resource emphasizes the diversity of development models and specific assets. The development of land use strategies, and the methods of coordination between public and private actors that depend on them, explain the functions of redeployment and interface of land. These two functions refer, on the one hand, to the fact that the land use resource facilitates the transformation of activities on the territory and, on the other hand, that land is a condition for the existence of other resources for activities on this territory. In other words, without an interface, land can be allocated to functions unrelated to the specific assets of the territory. Without redeployability, land will be marketed without consideration for its long-term value, but only for its short-term market value. Based on empirical observations on the Plaine de Saint-Exupéry and on Metropole Savoie, we illustrate these notions and show that public management over economic land use, in particular, makes it possible to reveal territorial land resources at a time when the territories have to invent their own sustainable development path
Han, Jingjing. "Le droit foncier chinois : le droit d'usage du terrain d'Etat." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020005.
The issue of ownership has been a fundamental question throughout Chinese history. Different from what has been established by western legal systems, the private ownership has never been considered as a subjective natural right , not an absolute right. In addition, there exists a contradiction between the market economy and the socialism. The land use right was created under the circumstances aiming to encourage economic development without breaking with the socialist ideology. Therefore, the land use right and the public ownership interact with each other in a very original way. The land use right develops along with the economic demands. In order to extend the protection to private ownership, the Chinese Constitution is amended in 2004. Accordingly, the Property Law of 2007 explicitly recognizes the very nature of the land use right, and offers equal protection to both private ownership and public ownership. It is important to keep in mind that the recognition of such new element in Chinese Property Law raises many legal questions as well as political ones. What are the consequences of governmental land finance? Is there a need to address the issue of ineffectiveness in the protection of land use right against the State? How to respond to the dissatisfaction of the private person whose property is expropriated? All these questions lead us to the conclusion that the land use right is still far from a sac red right. It requests a further extensive reform. In our view, a comprehensive political reform is both necessary and unavoidable
Poussin, Jean-Christophe. "Fonctionnement des marchés et évolution des formes d’habitat dans les territoires à faible tension foncière en Bretagne." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20022.
Sustainable land management is a leading stake in Brittany, where the artificialisation of land tendencies turn out worrisome. This stake invites to wonder about the conditions and the forms of a more respectful urban development. We know that the land resource, is, by definition, limited in space. In this context was created in 2009 “l’Etablissement Public Foncier de Bretagne”, a public state operator positioning as a tool in the service of the Breton communities to accompany them in the elaboration of their land strategy and the implementation of operations, in the priority domain of housing. The creation of this new structure intends to participate on a regionalscale in the regulation of markets and in the emergence of more virtuous operations. Our reflection aims at analyzing the mechanisms of interrelations between working of markets and evolution of urban forms by focusing on the “intercommunal” level and the low land pressure territories. These territories are indeed little surroundedby researches even though they establish, because of moderate costs of the land, the new "receptacles" of the urban sprawl. From the study of 4 “intercommunaux” territories and the analysis of the words held by various metactors, the thesis highlights tracks of stakes for a control of land markets by housing operations. These stakes are then declined in recommendations in the last part of the thesis
Nguyen, Leroy Marie-Lan. "Les enjeux du foncier au Vietnam à travers la nouvelle réforme de 2014." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020064.
In recent years, land issues in Vietnam are the main subject of complaints received by state institutions. Between abusive expropriation, vagueness of land allocation and agreement with the private sector, wide spread protests have arisen around land management procedures.In this context, a new land reform came into force in July 2014. This law aims to reconcile multiple objectives that may appear a priori contradictory: to ease tensions related to land, while intensifying the exploitation of land resources to achieve the goal of becoming an industrialized nation by 2020, as declared by the Vietnamese Communist Party.However, the real issue of the new law is not legal, but political. Land tensions today are of such magnitude that the lack of response by the ruling class would correspond to an admission of failure in its mission to manage land resources. The National Assembly’s intervention did not take a form of a more stringent regulation of land management. The response given by the authorities is the self-regulation of land stakeholders
Léger-Bosch, Christine. "Les opérations de portage foncier pour préserver l'usage agricole : une analyse par les coordinations, les transactions et les institutions." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAE001/document.
This PhD dissertation focuses on land backing actions, which notably increase in France since the early 2000s. These initiatives include different types of stakeholders among local authorities, agricultural professional organizations and non-governmental organizations. By acquiring land, they aim to control long-term agricultural use in areas threatened by urbanization by securing farmers' access to land. Some comparable collective initiatives also occur in European and North-American countries (Land trusts, fiducies, cooperatives ...), particularly raising environment and alternative agriculture issues. The land backing actions observed in France are specific for two reasons: in one hand they involve local public authorities, and in the other hand they emerge facing the threat of urbanization. Yet the devolved public action has many available instruments for the preservation of agricultural land. Hence, the use of ownership, which is now considered in the long term, brings up questions. This PhD thesis addresses the singular modalities induced by land backing actions in the farmland governance. It combines three analyses at the coordinations meso-economic level, at the transactions micro-economic level, and at the institutions macro-economic level. Rooted in institutional economics, the approach provides some focus from these three points of view. The first one is an analysis of the agreement design, on which the land backing actions stand, between stakeholders with various goals and legitimacy. It is based on the framework of the Economics of conventions. The second one focuses on the effect of land backing actions on farmers' access to land use. An analysis grid of the different land-use access costs is developed, using in particular the transaction costs concept. The third focus is a consideration of institutional changes induced by land backing actions, via a historical analysis of the use-ownership relation as an institutional formula. This thesis maintains that negotiations between stakeholders who are involved in land backing actions hardly ever broach the subject of farmland preservation facing urbanization, aside from the question of its use. The projected farming model often founds the initiative, notably for the relationship between agriculture and environment. Nevertheless farmland backing induces a new land use access mode for farmers, which is more difficult to organize, but also much less uncertain. At the same time, the private property right is back in the use-ownership relation resulting therefrom. The property right was however relatively subservient to the private right to use, for the public interest that it represents since the mid-20th century. By not much specifying the outlines of general interest, public action let its determination at the discretion of the local private dynamics, with a risk of inducing territorial inequalities
Berthier, Bruno. "La commune savoyarde et les enjeux fonciers depuis le XVIIIe siècle." Grenoble 2, 1993. http://www.theses.fr/1993GRE21046.
Based upon perusal of judicial records, this study presents the land status of the "commune savoyarde" from 1778 (reapplication of the "edit de rachat des droits seigneuriaux" in savoy) to 1900. The analysis of the "commune" reports the diversity of juridical status present in savoy where the communal property represents up to 80% of the parcels of land. Although the "commune" can manage a part of its patrimony like privates individuals, the set of goods out of trade (water, roads and paths, churches, woods, etc). Administrated by the community is becoming more and more important. Out of france until 1860, savoy, yet a precursor in land politics, in the 18th century's europe has known, from the late age of enlightment to the end of the 19th century, an extraordinairy juridical systems (sardinian legislation before 1792, imperial and revolutional legislation from 1792 to 1814, re-application of the ancient legislation from 1814 to 1837, remake of the sardinian legislation by the "code albertin" in 1837 and application of the french law from 1860) unprecedent in occident. Therefore it is interesting to analyse the terms of the communal patrimony's being until today, despite the reparated "assault" of all these legislations. This study goes on through the present. The nature of the "commune savoyarde" now presses with all its weight on the montains developpement's politics connected to the winter sports. The work of yesterday "communiers" is not less significant than the work of the modern legislator
Chapelle, Guillaume. "Land and the housing market : three essays on the role of land and its implications for public policies." Thesis, Paris, Institut d'études politiques, 2017. http://www.theses.fr/2017IEPP0003/document.
This dissertation analyzes the mechanisms of the French housing market documenting its constraints and the impact of several housing policies. It aims to increase our understanding of the mechanisms at work on this very particular market where land has a key role. The first chapter tries to document the place of land through the past decades. Some economists have been documenting a steady decline of its importance during the XIX and XX centuries. However, such decline was progressively balanced by the sharp appreciation of housing wealth and more particularly its land component. The second chapter tries to understand the origin of this rise in residential land value documenting one of the key parameter of the housing market: the supply elasticity of the French urban areas. This chapter starts defining two different concepts related with the supply elasticity. The first one is the intensive margin supply elasticity and designates the reaction of developers following a short run increase in housing prices. The second one describes how real estate price vary when a city is growing. It shows that French urban areas are less elastic than their US counterparts. The third chapter uses a natural experiment, the Scellier Housing Tax Credit (STC) and shows that it had a limited quantitative impact on the housing production. The fourth chapter documents the crowding out effect of private construction by social housing
Perrin, Coline. "Construire les campagnes méditerranéennes : usages, aménagement et valorisations du foncier agricole périurbain en Provence et en Toscane (1950-2010)." Phd thesis, Université de Provence - Aix-Marseille I, 2009. http://tel.archives-ouvertes.fr/tel-00443001.
OUAZIR, ABERRAHMANE. "Les établissements publics fonciers : essai d'analyse comparée de différents outils de maîtrise foncière et de réaffectation de friches urbaines." Paris 12, 1999. http://www.theses.fr/1999PA120037.
Since it is the cornerstone of any form of urban planning, the question of who owns the land is more than ever topical. From now on, in order to achieve this control over ownership , it has become necessary to assess carefully the financial risks, which have been compounded over the last few years by changes in the overall economic environment and the ways the urban environment has developed. Though epf are powerful tool, they have not been gaining a lot of ground. The purpose of this survey is to assess the usefulness and efficiency of such institutions. The study develops along three lines : 1 the reasons behind the setting up of a epf : how far does the institution meet the requirements of a new approach to public ownershipof the land? to illustrate this point, one needs to outline the principles of this new approach, as creating such operating bodies is not an end in itself. 2 underlining the usefulness of epf : drawing on the experiences of a number of existing operators, we shall assess management practices and track-records for each of them, while also listing weaknesses and strengths. Such a reasoned approach is a necessary stage for operators before opting for a legal status 3 the limited use made of epf is to be put down to a variety of causes : this survey singles out the lack of advertising or awareness-raising campaigns aimed at local authorities. .
Hervet, Filiz. "Capter, partager et redistribuer la plus-value foncière : le cas des terrains publics et des logements de marque à Istanbul." Electronic Thesis or Diss., Paris Est, 2023. http://www.theses.fr/2023PESC0006.
This research is about the valuation of public land in Istanbul. It explores the relationship between the state and the residential real estate actors in Turkey. This includes focusing on the role of these actors in the organization of housing production, its prerogatives and how they drive an increase in public land value. To study the relationship between the state and the markets with regards to the mechanisms of promoting public land, the thesis includes an analysis of an original operational arrangement, the revenue sharing in exchange for land (RSEL). This set-up is the result of a close collaboration between TOKİ, the Mass Housing Administration and its subsidiary, Emlak Konut, a real estate investment trust (REIT). TOKİ recovers the state-owned public land, transforms it into building land and then sell it to Emlak Konut. The REIT retains ownership of the land but contracts a private developer, as part of a call for tenders, to be responsible for financing and building branded housing (a type of luxury housing). TOKİ and Emlak Konut work in this way together to ensure optimal valorization for the public land. They promise to redistribute part of it for the benefit of the residents. This includes by financing social housing and public facilities. This research examines existing theory of urban rent and land value capture through the case study of the analysis of the financial balance sheets of two branded housing RSEL projects located in the district of Kayabaşı and Zekeriyaköy. Research findings from the case study relates to capture processes and the sharing and redistribution of land value in Istanbul. The thesis highlights specifically the strategies of RSEL stakeholders to secure real estate investments in branded housing and maximize public revenues from land development
De, Simone Sara. "State-building South Sudan : discourses, practices and actors of a negotiated project ( 1999-2013)." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D083/document.
State-building programs supported by the international donor community since the end of the 1990s in post-conflict contexts have often been considered ineffective. Analyzing the state-building enterprise in South Sudan in a historical perspective, this thesis shows how these programs, portrayed as technical and apolitical, intertwine with the longer term process of state formation with its cumulative and negotiated character. This negotiation occurs in an arena created by the encounter between international programs and local actors. The thesis will focus on three sectors in which the “local communities” have been given an important role as rightbearing subjects: the local government reform, the delivery of basic services and the land reform. As collective rights to land, services and self-rule are managed by traditional authorities, the customary sphere overlaps with the bureaucratic sphere of the modern state, encouraging the ethnicization of South Sudanese politics. The formulation of laws and policies in these three sectors provides the “rules of the games” influencing local actors' interaction with the state, as they understand them to be necessary to gain access to state resources. Two kinds of dynamics emerge from these interactions: horizontal ethnic fragmentation and vertical patronage relationships. Discourses on administrative effectiveness and efficiency create a communal subject which contributes to re-politicize (and ethnicize) the statebuilding process through the appropriation of these discourses by local population and their traditional authorities
Gay, Lauriane. "À la recherche de l'hégémonie : la fabrique très politique des politiques publiques foncières en Ouganda sous le National Resistance Movement (NRM) : Entre changement et inertie." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD017/document.
Land tenure, defined as the set of relations among humans that determine their interaction with land, lies at the heart of power struggles, especially in agrarian societies. Governing land management through public policy means changing power relations between the state and the local institutions that exercise social control. Using Uganda under the regime of the National Resistance Movement (NRM) as its case study, this thesis in political science explores the manner a public policy concerning land is constructed through the interactions among various power structures. We are dealing here with the interactions among polity, politics and policy. Examined as a political activity, the construction of a public policy concerning land in African contexts goes beyond a matter of concern for the state alone. This activity is a source of political legitimacy for those actors participating in the process. Its instrumentalisation can lead to changes in power relations. This process starts with the construction of the problem and ends with the negotiation of a solution. This inductive research is based on qualitative research methods : participant observation, semi-structured interviews, analysis of grey literature and of archives. It is based on four years of field work in Uganda. This thesis innovates theoretically as it integrates the discursive and pragmatic approach of public policy to structuration theory. It ties this approach to the notion of « historicity of the imported state ». This theoretical framework allows us to study the ordering and disordering of society that are triggered by the formulation of problems and solutions. It provides a detailed empirical study of public policy concerning land in Uganda. This thesis contributes, more generally, to the study of democratisation in Africa, land tenure in Africa and public policy in African contexts
Janin, Patrick. "L'espace en droit public interne." Lyon 3, 1996. http://www.theses.fr/1996LYO33017.
Sohn, Christophe. "Changement gestionnaire et recompositions urbaines post-apartheid : La question foncière à Windhoek (Namibie)." Université Louis Pasteur (Strasbourg) (1971-2008), 2003. https://publication-theses.unistra.fr/public/theses_doctorat/2003/SOHN_Christophe_2003.pdf.
This research attempts to bring to the fore the mode of overtaking the apartheid city model through the analysis of urban remodelling processes in Windhoek. The changes occuring in the Namibian capital city since the country arose to independence in 1990 are neither in line with a logic of break concerning the inherited model nor in line with the reproduction of the former development plan, as well as in the way in which the city is designed by the autorities as in the way it is practiced, appropriated and put out of shape by the city dwellers. By taking into account the mutations occuring in the field of land management, the logics and the modes of urban changes can be specified. In accordance with the political compromise that founded the Namibian State and allowed accession to power of the black population while protecting the assets of the white minority, one can witness the maintenance of ways of thinking the city inherited from the past. The urban model the officials try to reproduce turns out to be profoundly inadequate facing the new stakes specific of the post-apartheid society. Finally, because managers do not have another choice than to take into account the social and spatial mutations in progress, the mending of the inherited apartheid rules is articulated with the fomalization of new procedures and norms. As the invention of the city is fundamentally the fruit of a set of interactions between managers' interventions and city dwellers' practices, the latter reveal ways of living the city that go against the model promoted by the autorities and the diffusion of new norms within the city. In the end, this evolution made of in betweens shows an urban model that is neither the compact nor the fragmented city, although it contains elements of both. In Windhoek, the city is invented through the quiet overtaking of the apartheid city
Sarr, Samba Amineta. "La domanialité des biens de l'Administration publique à l'épreuve des régimes fonciers traditionnels : le cas du Mali." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND009/document.
The state ownership of assets of public administration to the test traditional land tenure raises the question of the legal situation of the area in Mali. This is to give the photograph the property of the government and their evolution in relation to customary land tenure. This study course with a historical overview of state assets and local authorities. We will discuss together the legal status of goods in the traditional sense of the term. The tropics adressed include the study of the property during the precolonial, colonial and postcolonial. Before colonization, the area as known today did not exist and the mode of holding property was collective. They spoke not domain but rather of collective awnership. Also, these are not laws that established the traditional tenure bur rather quasi-religious principles. The goods, which are now the domain of state and local government, belonged not to men but to the gods. They were owned by the community and were managed either by the land chief or dji tigui (owner of the water). Thes were the custodians of a part of God's sovereignty and at the same time delegates from higher powers. More than they possessed them, earth and water were the owners of the land chief and dji tigui. Their bonds were dictated by the ancestral beliefs certainly diminished bye time and biased interpretations. Thes goods were not in the lega trade, they were inalienable. Individualownership was true, but it was not widespresd. It did not concern either the land or waterways. This individual property within the meaning of the french Civil Code could only relate to certain personal property except those who were truly essential property of indigenous community. At the start of colonization, the colonial state decided, not without opposition, to implement the experimenced en South Australia by the English to know the Torrens Act. Indeed, the natives had their own legal system and did not want any disruption in their habits millennia. But, in view of developing agriculture and industry in the french possession, it was important to introduce into the legal arsenal of the colony the principle of state ownership of property. To do this, government should play itd full score. Consequently, it must be adequate means of its policy by establisheing, first, a public and private domain.This domain constitution necessarily spent by the spoliations of property belonging to indigenous communities. At the country attained independence, the problem remained large. The colonial tested continued to govern the field until the adoption of a code Land Law in 1986. Customary rignts recognized and magnified now thanks to the recovery of ancient traditions challenge the rule of written law. The latter recognizes that before his accession, economic and legal relationships between individuals and groups of individuals were well organized. This is why the colonizers did not intend to make a clean sweep of pre-colonial customs let alone the new authorithies. However, problems of formation and management persisted. Even today, many challenges remain in relation to the management domain whether public or private, whether owned by the state or local authorithies
Sarr, Samba. "La domanialité des biens de l'Administration publique à l'épreuve des régimes fonciers traditionnels : le cas du Mali." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00866401.
Malonga, Alphonse. "La naissance et les fonctions d'un droit domanial en République populaire du Congo." Tours, 1987. http://www.theses.fr/1987TOUR1005.
More than ten years after the independance was acquired in 1960, congo went on applying the national regulations which had been set up by the french colonial administration. It is characterised by the attribution of land concessions on public property, and by the use by the natives of their customary right upon the land they withold. So, the acquiring of a full ownership of public land and the customary exploitation of the estate by native communities marked the state regulations after the independance. In spite of the adoption of a socialist regime, with a marxist-leninist orientation, in 1963, which set up the state ownership of land, this land law, which has been applied since 1899, still is today. The state reformation of the law no 52 83 of april 21st, 1983, shows that the congolese government want to put an end to the french land policy. New principles are adopted. They permit the state ownership of land and the acknowledgement of a mere right of use for individuals to be settled again. (. . . )
Daragon, Simon. "Service public et droit fiscal." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D036.
The growing intervention of public figures in the economic field as well as the increasing number of public service activities entrusted to private entities has deeply changed the public law. The question thus arose as to which tax treatment should be applied to these activities. The tax legislator has not yet taken into account the nature of the activity, a public service, to respond to the question. In addition, when the concept of public service is used in tax regulations, it refers to a different definition to the one used in public law. The tax legislator does not refer to the distinction between pure public services and industrial and commercial public services. However, this does not mean that the tax legislator does not take into consideration the increase of public service activities. Indeed, in order to apprehend the tax treatment of an activity, the legal tax regime, just like public law, compares it with the activities existing in the competitive market. Thus, if the nature of the public service in the view of public law does not have any influence on its tax treatment, its administrative or industrial and commercial tainting may, on the contrary, allow its identification. As such, tax law joins the logic of public law: by granting little importance to the public service nature of an activity, it might be required to use the tainting to reach the tax solution
Louis-Sidney, Marguerite. "Régularisation foncière de l’occupation sans titre de la propriété des personnes publiques dans les collectivités territoriales de l’article 73 de la Constitution." Thesis, Antilles, 2019. http://www.theses.fr/2019ANTI0498.
Untitled occupancy infringes the property rights of public persons in their public and private domains. These are recurrent facts in the local authorities of Article 73 of the Constitution: Guadeloupe, Martinique, Guyana, Reunion, and Mayotte. To curb this illegal occupation, which is the vector of legal and land insecurity, notwithstanding the infringement of their property rights, these public persons carry out land regularizations focused on the issuance or validation of a title of property for the benefit of untitled people of their public domain, including the fifty geometric steps zone, through legal arrangements, and their private domain, through local arrangements. However, the question is: are these regularization procedures appropriate to definitively respond to Parliament's objective of curbing untitled overseas occupation in local authorities of Article 73 of the Constitution and, on the contrary, do they not constitute the legitimization of an infringement on the property rights of public persons? Given the persistence of untitled occupation overseas, it would be appropriate to move from unequal land regularization to public interest land regularization, better regulated. Land regularization is a necessary limit to the right of ownership, the basis of which is in the will of the owner, in the public interest, or even in the public utility. Backed by respect for human dignity and the right to dignified housing, it leads to an improvement in its tools, and contributes to the emergence of a real right of land regularization overseas
Mpessa, Aloys. "Essai sur la notion et le régime juridique des biens domaniaux au Cameroun." Paris 1, 1998. http://www.theses.fr/1998PA010292.
This thesis is mainly consecrated to a study of the public properties in Cameroun and it is entitled : + essay on the notion and the juridical regime of the estate property in Cameroun ;. Estate properties are real estate and personal estate(movables) which belong to well known personalities, state, territorial communities and public establishments. Brought in Cameroun in 1921 by the french mandated administration, the notion of state-owned properties recovers actually triple reality : the public estate property, the private estate property and the national estate property. That differentiation of state-owned categories has as consequence to submit those properties to the regime of public law (properties of public estate) and to the mixed regime of public law and private law (properties of private estate and national estate). The thought is based on two fondamentals questions of which any domanial classical study rise on : the problem of identification of those properties between these belonging to the particulars, and the one of their juridical protection and modalities of their juridical utilization. Preceded by a preliminary chapter on the historical conditions of training and the evolution of the notion of estate in Cameroun ; this essay is divided into two parts as follow: part one : the determination of the estate properties part two : the regime of protection and exploitation of estate properties
Chabert, Jean-Baptiste. "Construire la politique foncière en Provence-Alpes-Côte d'Azur, 1974-2014 : analyse des interactions au sein d'une action publique." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1010/document.
The object of this thesis is to question the mode of construction of a decentralized public action. More specifically, this work is interested in the methods of institutionalization of a voluntarist regional land policy in Provence-Alpes-Côte d'Azur beyond the block of skills transferred to the Region in 1983. In this perspective, it is a question of studying an original shape of regionalization outside of the hard core of the regional skills, playing however an important role in the construction of the Region and the structuring of a sphere of action. Adopting an approach of search crossing sociology of the public action and the political sociology, we arrest the rules of this regional public space of action by favoring the study of a radius of action established beyond the frame fixed by the law.We so make the hypothesis as the land policy, between multiple sectors and between already institutionalized levels of action, constitutes a space of interactions favored for the analysis of the processes of construction and institutionalization of the Region through a policy in which it participates. By adopting a diachronic and multilevel perspective, that is by favoring the analysis of the change in long lasting within the regional space, and by attaching a particular attention on the interdependent social games which interconnect various levels of public action, the thesis aspires to contribute to the sociological study of the processes of regionalization of the public action under dynamics of decentralization
Otch-Akpa, Bernard. "Le principe : "la Terre appartient à celui qui la met en valeur" : l'envers socio-politique de la problematique foncière de l'Etat ivoirien: 1963-1993." Paris 1, 1995. http://www.theses.fr/1995PA010264.
The post-colonial Ivory Coast tried to endow with a domanial and landed regime through the non-promulgated law of march 20, 1963 to promote the develoment. The reaction of the peasant communities against this produced a non promulgation of the text. This resulted an empty judicial state full of the principle "the land belongs to whom who appreciates it on the condition of observing the law rules of the late felix houphouet boigny. The polysemic, the polymorphy and the polyvalent characters of this adage secured the land actors. It showed itself performed : another way, it was social-logically and judicially effective during decenny sixty-ten period. But from the year of eighty, it was the origin of the insecurity, contradictory stakes, and to remedy this the trustee w as the alternative of security. But in the measure where this trustee operated out of the legal frame, it did not respon d to the actual stakes of security, from there the necessity to promote a new mixed land-right of the 21st century; "the intermediation" to get out the dead-end where the country was swallowed-up
Letrouit, Lucie. "Three essays on the economics of social integration in an urban context." Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0147.
This dissertation consists in three essays with complementary approaches on the economics of social integration in an urban setting. The first essay analyzes the emergence of ethno-cultural hierarchies in a multi-cultural context, typical of nowadays large metropolises. This emergence is studied using an evolutionary game theory model according to which, in a society, a common hierarchy view emerges from a multitude of independent interactions between members of the different ethno-cultural groups. The originality of the model lies in the featuring of several minorities and hierarchical views (i.e. multi-group and multi-strategy model) and in the reciprocal effects that minorities may have on each others' social statuses. These effects allow to explain the non-linear relationship between a minority's size and its status suggested by the empirical literature, as well as the complex impacts of a new minority's arrival on the other minorities. The evolutionary process implies that the adopted ethno-cultural hierarchy is, in most cases, too inegalitarian and thus economically inefficient. The second essay presents an urban economics model adapted to the sub-Saharan African city context where land ownership is often informal and uncertain and where land transactions are often hampered by important information asymmetries between buyers and sellers. The model allows to theoretically study the impact of two institutions aimed at reducing transaction uncertainty. The first one consists in a formal land registration system administered by the government, the second is a traditional social trust norm that links specific social groups. This model is, to the best of our knowledge, the first one to study the effects of a social norm on the functioning of an urban housing market and the urban structure. It shows that the land registration system is more efficient than the traditional trust norm if registration costs are limited, but also that the two institutions are partly substitutable. The model predicts that, with the gradual decrease of registration costs, land registration will progressively replace social trust norms in the future.Eventually, the third essay consists in an econometric analysis of a large urban renewal program launched in France in 2003 for the renovation of 600 deprived neighborhoods (i.e. the « Programme National de Rénovation Urbaine », PNRU). In order to avoid possible biases linked with heterogeneities in the program's effects across neighborhoods and across time periods, we rely on the very novel DID_M estimator developed by De Chaisemartin and D'Haultfoeuille (forthcoming) and complement its results with a more traditional difference-in-differences estimation. Our results suggest that the program had non-significant and, in any case, very limited effects (i.e. smaller than 3.5%) on housing prices in renovated neighborhoods. The program's effects on transaction volumes are also non-significant. However, the program led to a sizable upward evolution in the socio-professional status of housing buyers as compared to sellers, suggesting some improvement in the attractivity of renovated neighborhoods
Masson, Romain. "La valorisation des biens publics." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100094.
This research aims to identify and define the concept of valorization applied to public properties based on its double foundation, the right to property and the proper use of public funds. This concept is based on two components, exploitation and disposal, which highlight the multiple forms of valorization : economic, social, environmental. These valorisation events renew the analysis in order to better understand the stake of the reform of the law of the public properties, the way in which the valorization has influenced this right and the evolutions to come. Thus, the approximation of state regimes has made it possible to soften and modernize valorization tools and the legal principles governing the public domain. This rapprochement should lead to a unification of jurisdiction for the benefit of the administrative judge. In addition, under the impetus of the valorization, new obligations are imposed on the public owners : competition of the public occupations, inventory of the properties, valorization of the future
Cu, Huy Ha Vu. "La privatisation au Viet Nam." Paris 1, 1999. http://www.theses.fr/1999PA010277.
Blanchet, Dominique. "L’application du droit de l'action foncière publique en France métropolitaine et dans les départements d'outre-mer : Étude comparative sur l'effectivité et l'efficacité de dispositifs juridiques dans des espaces différents de réception des normes." Antilles-Guyane, 1998. http://www.theses.fr/1998AGUY0031.
More than an inadequation of a varied set of statutory dispositions to local features specific to the so-called overseas departments, the implementation difficulties the so-called local public communities(communes, departments or regions) grapple with respect to ground policy, result mainly from a crisis of the practice of public ground law itself. The lack of efficiency of the ground policies carried out in those regions stems from the fact that the legal tools available are generally not properly used there is consequently no need for the overseas departments to develop a ground legislation of their own, distinct from mainland france statutes. This of course does not rule out local. Adaptations of present statutory dispositions so as to better the inforceability and efficiency of the law. But at any rate, there is a need for a dusting off of the ground law not just for overseas territories but for france at large, since some legal shortcomings in the texts affect the enforcement and efficiency of ground law provisions in mainland france as well. But enforcement and efficiency problems vary from one place to another trough a sensible and rational application of the law yet to be developped troughout the entire nation, some local public communities have managed to implement ambitious town planning or nature-friendly ground policies. A better command of the law by the authorities in charge of the enforcement of the ground law cannot but help better the efficiency of the latter
Maldent, Laurianne. "Propriété et domanialité privée des personnes publiques : pour une réécriture du droit domanial." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1032.
Cardinal notion of law related to several aspects of social relations, freedom, equality, understood in an individualistic way or in a social purpose, the property is highly contingent. As well as the private individual recognized in its social capacity of possession and control of property, the State, and most public entities are owners or property managers who can value their property. However, despite the uniqueness of the essence of the ownership concept between public and private individuals, its exercise remains largely different, when in contact with public entities. Public ownership remains deeply determined by the quality of its owners, and its regime necessarily "finalized" as determined by the allocation of public goods to the public interest. Moreover, the division of public property in two masses of goods theoretically very different is another feature which, in turn, has lost its relevance and its intelligibility. The historical and legal distinction, of which its rationality is highly questionable, is in fact based on a device. Therefore, it is advisable to proceed to a new definition of the relationship between personality traits and allocation to the public utility located at the base of the concept of public property, and to propose the abolition of this summa divisio which has become anachronistic and even illogical. Because the public goods belong in principle to public entities who serve more or less public interest, this line of thought seems to be particularly appropriate for a future reform of the law on public property
Wanyou, Maurice. "Le domaine en Côte d'Ivoire (environ 1840-1963) : contribution à l'histoire du droit colonial." Paris 1, 1992. http://www.theses.fr/1992PA010254.
The history of state ownership law in Ivory Coast reveals the French strategy and method of occupying space in the colonial lands. It falls within the realm of the colonial policy of organizing property and is justified by the seizing of sovereign power resulting from conquest. The french theoretically based their right to the Ivoirian state properties on their right of conquest and on substituting themselves for the native powers. But these rights were invalidated by the courts in light of the absence of judicial foundation. However, the french state transferred its unjustified ownership rights to the independent ivory coast state, which pursued on this subject the colonial policy of using the country's resources for partisan gain. Perhaps we must see in this policy one of the causes of the actual economical difficulties of the country. Indeed, contrary to the functioning of customary state ownership law consisting of insuring protection and means of subsistance to all, the principles of colonial ownership rights rather favoured the exploitation of the colony's resources for the profit of the colonials, their companies, and metropolitan France. To that end, colonials, legislation tended toward promoting French laws on private property on African soil and abolishing the native customs
Diongue, Momar. "Périurbanisation différentielle : mutations et réorganisation de l'espace à l'est de la région dakaroise (Diamniadio, Sangalkam, Yéné), Sénégal." Thesis, Paris 10, 2010. http://www.theses.fr/2010PA100076.
This thesis aims to analyze the relationships between urban sprawl and territorialisation, focusing on the crucial issue of metropolitan suburbs governance. In Western Africa large cities, suburbs are involved in complex spatial, socioeconomic, political and managerial transformations, in a context of decentralization. To analyze these transformations as well as the new dynamics of regulation they entail, we have adopted a territorial approach. At the micro scale, we try to understand the dynamics of urban sprawl through the weight of local contexts. At the meso scale of the whole set of suburbs, residential and economic developments are linked to the logics of actors and managerial practices. We try to understand the mechanisms of spatial transformations and their consequences on urban management. At the macro level, we are focusing on Dakar metropolisation. Field surveys have been conducted within three local authorities, Diamniadio, Sangalkam and Yene, in order to study mechanisms, practices and logics of actors. Diamniadio, Sangalkam and Yene have specific local characteristics and, taking into account the major urban sprawl axis, they are located differently. In these three local authorities, processes of differentiation have been observed both at intra and inter territorial scales, which breaks with the former model center-periphery and reflects a new polycentric and multifunctional evolution in the Eastern suburbs
Opillard, Florian. ""We shall not be moved - El barrio no se vende". Analyse critique des mobilisations contre la gentrification à San Francisco (États-Unis) et contre la prédation immobilière à Valparaíso (Chili)." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH174.
This research analyses urban mobilizations against the consequences of neoliberal policies at the urban level, in the city of San Francisco (United-States) and the city of Valparaíso (Chile). It aims to understand the structuration of non-institutionnal activist collectives participating in the construction of urban coalitions, which tackle the structure of power in the urban production. This study falls within a transdisciplinary approach. While borrowing mostly from geography, it questions urban mobilizations through the lens of the anthropology and sociology of social movements. Comparison is another central element in this research : it analyzes local resistance to global policies in two specific cases. First, this work enters urban struggles through the narratives of contention’s motives: the dispossession of inhabitants and the privatization of urban infrastructures. It then delineates the sociological characteristics of the groups mobilized in collective actions. Finally, it stresses the adaptation of collective to the financialisation of the urban production : on one hand, the transformation of repertories of action, which specifically target the symbolic capital of dominant agents ; on the other hand, the very dispositive of the « activist collective », which represents a form of adaptation to the generalization of the neoliberal reason
Arnaud, Jean-Luc. "Le Caire : mise en place d'une ville moderne, 1867-1907 : des intérêts khédiviaux aux sociétés privées." Aix-Marseille 1, 1993. http://www.theses.fr/1993AIX10066.
Simonneau, Claire. "Gérer la ville au Bénin : la mise en œuvre du Registre foncier urbain à Cotonou, Porto-Novo et Bohicon." Thèse, 2015. http://hdl.handle.net/1866/13501.
The management of West African cities is problematic nowadays: uncontrolled urban sprawl, insufficient basic services, and land insecurity. Yet, major reforms had been put in place with the assistance of international aid to enhance the effectiveness of urban management; which seems to have failed. Going beyond this policy failure statement, the present dissertation aims at understanding how “managing the city” takes place in the particular context of West Africa. The implementation of the Urban Land Registry (RFU), a municipal and multi-purpose land information system that has been put in place in Benin through development programmes in the early 1990s, is the lens through which urban management is examined. Urban management is then studied through the actions taken rather than through the discourses. With a socio-anthropological approach, the implementation of the instrument is analysed from the stakeholders’ perspectives and according to a double analysis grid. On the one hand, the analysis aims at understanding the local appropriation of the RFU inside public administrations; and on the other hand, its aims at comprehending the interaction of the RFU with the territory, in particular with the complex dynamics of access to the land and land security. A multiple case study was conducted in three municipalities: Cotonou, Porto-Novo, and Bohicon. This study led to two main conclusions. First, the RFU is recognized as the key instrument of local taxation, but it is minimally implemented. This particular functioning is an optimal adaptation to a context made of: 1) professional rivalries in a compartmentalized administration, 2) political and financial stakes related to different sources of local revenues, and 3) political and institutional tensions provoked by the late decentralisation. Then, the RFU’s impacts in terms of national professional capacities are insufficient to reform urban management from inside municipal administration. Second, a key function of the RFU that is centralizing information on presumed landowners is impeded by the commodification of land information and by the territorialisation of land regulatory modes. This affects the implementation of the RFU as it takes part in this land information market, but with little success; and its impact is differentiated according to the ‘land regulation territory’ it applies. Finally, ‘managing the city’ in Benin is not an automatic task, even with the introduction of management instruments such as the RFU. Administration and politics continue to shape municipal policies, and the pluralistic city is managed in a differentiated manner. To the designers of public action (policies), this dissertation encourages to take into account existing regulation modes in African societies, even if they are multiple and complex, and it recognises the singular process of institution building in Africa.