Dissertations / Theses on the topic 'Institut suisse de droit comparé'
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Alavi, Alexandre. "Le secret bancaire. Etude de droit comparé (France-Suisse)." Thesis, Paris Est, 2017. http://www.theses.fr/2017PESC0047.
Full textWhile Swiss banking secrecy is regularly the subject of virulent criticism and attacks on the international political scene, it is necessary to note the extent of each crisis. Accused of facilitating money laundering, tax evasion and financing of terrorism, international pressures from both foreign countries (the United States, France, etc.) and international bodies (the Cooperation Organization And Economic Development-OECD, the Financial Action Task Force-FATF, etc.). Led the Swiss authorities to frame banking secrecy by multiplying the attacks on this secrecy. This has the effect of considerably weakening the scope of Swiss banking secrecy. Indeed, even a few years ago it was possible to say that there are real differences between the French and Swiss banking secrets in that Swiss banking secrecy was perceived as a wider banking secrecy than Banking secrecy, this situation now seems to be over. Since the recognition of Swiss banking secrecy at the legislative level, the legal basis for this secrecy has changed very little, but the many limitations that have been brought to the secrecy over time have largely contributed to its Its substance and to weaken its scope, so much so that it is now possible to affirm a real convergence between French and Swiss banking secrets
Lasserre, Capdeville Jérôme. "Le secret bancaire : étude de droit comparé (France, Suisse, Luxembourg)." Pau, 2004. http://www.theses.fr/2004PAUU2003.
Full textBank's secrecy wouldn't offer, as regards to doctrine, the same degree of protection in France, Switzerland and Luxembourg. It's nevertheless advisable to prove that these distinctions tend nowadays to come considerably to very little. This standardization is first of all ascertained through the sources and contents of the principle. As a matter of fact, a study of these three banks' secrecies enables to point out their common sources, of civil as well as penal nature, their comparable enforcement's scope, as well as for people concerned by the principle as for everything relevant to its matter, and at last, likenesses of sanctions brought upon the banker who would be likely to fail to meet his obligation. This trend of convergence can, likewise, be noted through the scope of bank's secrecy, this one fitted to be lifted, as well on behalf of private interests, other than the preservation of public interest. A point of divergence becomes nonetheless apparent as far as the principle's opposability to the taxation authorities is concerned. It seems yet that this difference is doomed to disappear. We can, so, reasonably think that this convergence's trend between the banks' secrecies, matter of investigation, isn't over
Fercot, Céline. "La protection des droits fondamentaux dans l'État fédéral : Étude de droit comparé allemand, américain et suisse." Paris 1, 2010. http://www.theses.fr/2010PA010331.
Full textDelfour, Odile. "La conservation des espèces menacées d'extinction : étude de droit comparé : Espagne, Etats-Unis, France, Grande Bretagne, Suisse." Paris 1, 1998. http://www.theses.fr/1998PA010284.
Full textIt is now obvious that fauna and flora are more and more threatened. To reverse this trend, governments have tried to develop legal mechanisms. It is nevertheless clear that the prohibition of the taking and trade of individuals animals and plants can not achieve this goal by its own. It's why it is clearly essential that legislator should adress all threats to a species. But, because, theses measures impose restrictions on public freedoms and private property and limits certain activities, they are not always very popular. Or, it is essential to facilitate the acceptance of conservation need by laying down a clear duty for the state and its citizens to preserve biological diversity or, at international level, by using the concept of common humankind which encompasses present and future generations
Brochu, François. "La publicité foncière et la prescription acquisitive en droit civil québécois à la lumière du droit français, suisse, allemand et australien." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32007.
Full textThe new civil code of quebec, which came into effect on january ist 1994, has considerably limited the function of acquisitive prescription by giving new powers to publicity of rights. Indeed, although quebec's law has kept the conventional transfer of real estate element, the registration of rights in the land register will create an irrefutable presumption of their existence after ten years, when the setting up of the new system of publication by registration in the land register will be done. Also, those carrying out transactions for an immovable will be able-if they are in good faith - to rely on the entries in the land register. Inspired by swiss law, australian law and alsatian law, quebec's reform of its law on publication by registration in the land register has kept the acquisitive prescription as well as each of these countries. Even if the resort to prescription will in fact not be as popular as in french law or as under the civil code of lower canada's system, it will be possible, with the prescription, to avoid for the inscription of rights in the land register to lead to deadlock if, for instance, the registered holder of a right is absent or dead. The quebec's publication by registration in the land register was powerless without the complementarity of the prescription but it could become pressing without acquistive prescription. Maybe quebec's reform will be an example to the french legislator
Matringe, Eve. "La réforme de la responsabilité civile en droit suisse : modèle pour le droit français?" Phd thesis, Université de Strasbourg, 2010. http://tel.archives-ouvertes.fr/tel-00630169.
Full textSimonart, Valérie. "L'unité du concept de personnalité morale en droit privé comparé: Allemagne, Angleterre, Belgique, Etats-Unis, France, Italie, Pays-Bas et Suisse." Doctoral thesis, Universite Libre de Bruxelles, 1993. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212756.
Full textFragkou, Roxani. "L' euthanasie et le droit au refus de traitement à la lumière de l'évolution du droit européen comparé : (France, Grèce, Suisse, Pays-Bas, Belgique, Espagne, Royaume-Uni)." Strasbourg, 2010. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/l-euthanasie-et-le-droit-au-refus-de-traitement-a-la-lumiere-de-l-evolution-du-dro-it-europeen-compare-9782848743677.html.
Full textThe purpose of the present thesis is to stimulate a deep and comprehensive reflection not only on the issue of euthanasia in the strict sense of the term, but also on the full range of medical decisions concerning the end of life. It aspires to provide an overview of the European, national and supranational regulations, reflecting the interest that has been aroused for the subject. In this perspective, the present analysis adopts an approach to the problem of assisted dying following two substantially distinct ways. The comparative approach embraced in the first part strives to offer an overview of broader solutions envisaged by national and European legislators, as regards the issue of assisted dying. The second part, deeply imbued with the principle of respect for the patients' rights, intends to examine two other aspects of this "false choice", which we tried to avoid: the right to refuse treatment and the palliative care. Subsequently, the question is not about being for or against euthanasia, for or against palliative care. The reality is not so Manichean. Resulted from a critical analysis and the overtaking arguments about euthanasia, palliative care aims to take over the patient and to control the end of the life in a different way, fundamentally human. The safeguarding of human dignity and autonomy of the patient refers not only to the respect for the patients request for euthanasia but extends also to a respect for the right to refuse to consent to a medical intervention as well as to the provision of adequate palliative care
Cappellari, Anaëlle. "L'influence du droit de la santé sur le droit extra-patrimonial de la famille : repenser le droit français à la lumière du droit suisse." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1071.
Full textHealth law regulates medical activity. By giving a legal framework to several medical acts, such as ART, abortion, DNA identification or donations of components and products of the human body, it influences extrapatrimonial family law. This influence is undeniably protean as it is exerted on both the definition and the legal regime of family ties. In its quest for improving knowledge of legal systems, French-Swiss comparative law can reveal and explain the manner in which this influence is expressed. In France, health law often plays a leading role, thus subverting traditional family law concepts and sometimes leading to inconsistencies. Health law and family law are usually viewed separately, with health law often taking an autonomous stance. In Switzerland, on the other hand, health law frequently draws on preexisting civil and family law concepts. Most of the time, these two fields of law are thought of together. This analysis incites us to rebuild French law in the light of Swiss law. The influence of health law on extrapatrimonial family law must be rethought, by taking into account the goal of each legal rule. The specificity of medical acts pursuing family interests justifies confining health law to a technical role, following the evolution of family law. Health law must be a tool for family law. However, health law can complement family law when it comes to the determination of family rights and duties. This complementarity is expressed either through the articulation of both branches of law when common goals are visible, or through the search for criteria capable of reconciling the conflicting goals pursued by these two subjects
Ibarrola, Jorge. "Les prix imposés de revente étude de droit comparé des Etats- Unis, du Canada, de la suisse et de la communauté européenne." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26202.
Full textThis thesis first outlines the theories explaining the use of resale price maintenance. What emerges from these theories is that resale price maintenance is far from being an unequivocably deleterious form of conduct. Indeed, a manufacturer may seek to reach some results that are pro-competitive. Having outlined the arguments for and against the practice, an approach is proposed for detecting resale price maintenance that is likely to damage the consumers' interest. In fact, the problem arises only in cases of cartellization, or abuse of market power.
The second part of the thesis is devoted to an analysis of four legislative regimes: those of the United States of America, Canada, Switzerland and the European Community. Three of these regimes include a strong prohibition against resale price maintenance, whereas the fourth, the Swiss cartel law, treats the practice as per se legal. Despite the diverging legal status reserved to this practice, the comparative law study will demonstrate first the consistency of an economic approach to each situation, and the weakness of the legal reasoning within this area. The analysis of these regimes serves to affirm the conclusions, that resale price maintenance constitutes a real danger only in the case where there is a cartel or abuse of market power. Since these cartel or abuse of market power abuse are themselves usually prohibited, the additional prohibition against resale price maintenance is redundant, and prevents some manufacturers from achieving possible pro-competitive results.
Taillon, Patrick. "Le référendum expression directe de la souveraineté du peuple ? : essai critique sur la rationalisation de l'expression référendaire en droit comparé." Paris 1, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D16%26selfsize%3D1.
Full textCapitani, Amandine. "Les libertés de l'entrepreneur : recherches sur la protection constitutionnelle des droits et libertés à caractère économique : aspects de droit comparé espagnol, français et suisse." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32062.
Full textEven if it is commonly accepted that economy and constitution are connected in comparative law, the French approach was more reserved for a long time. This relative lack of interest arouses curiosity. Although some studies have been realised on property law and on free enterprise, they have seldom been studied together, as part of a more global system. The detailed survey of the protection of rights and freedoms of an economic nature in Spain, France and Switzerland brings us to a similar but not very encouraging assessment. In the same way, there exists a real awareness of their importance in the development of society. Strengthening the protection of these rights and freedoms then appears necessary. This goes through the strengthening of their “subjectivisation” where the “freedoms of the entrepreneur” have to be pushed forward
Cuvelier, Claire. "Le pluralisme démotique contribution au concept juridique de peuple." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20008.
Full textThe expression of « demotic pluralism » is used to designate the coexistence of different people in a multilevel system. Contrary to the traditional monist definition of the French people, this thesis aims to demonstrate the coexistence of several demoi in French constitutional law. In order to do so, the demonstration is structured into three parts. First, we explore the pluralist definition of demos in multilevel systems: the federal (India, Germany,United States, Switzerland) and the regional type (Spain, United Kingdom). Then, we submita theory of multilevel demotic pluralism, which allows to describe and analyse the coexistence of a compound people and component people in a multilevel system. Finally, we apply this theoretical framework to the French legal system and to the European Union
Luginbuehl, Kaspar. "Die Beschaffungsbeschwerde : eine rechtsvergleichende Betrachtung der Beschaffungsbeschwerden der Schweiz und Frankreichs unter besonderer Berücksichtigung der Verfahrensgrundrechte und der Verfahrensbeschleunigung." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA034.
Full textThis research study aims at answering the question which aspects of the French public procurement appeal procedure could be adopted in the Swiss public procurement procedure de lege lata or de lege ferenda in order to grant a more efficient primary appeal procedure without unduly restraining the procedural rights of the parties
Cuvelier, Claire. "Le pluralisme démotique : contribution au concept juridique de peuple." Electronic Thesis or Diss., Lille 2, 2014. http://www.theses.fr/2014LIL20008.
Full textThe expression of « demotic pluralism » is used to designate the coexistence of different people in a multilevel system. Contrary to the traditional monist definition of the French people, this thesis aims to demonstrate the coexistence of several demoi in French constitutional law. In order to do so, the demonstration is structured into three parts. First, we explore the pluralist definition of demos in multilevel systems: the federal (India, Germany, United States, Switzerland) and the regional type (Spain, United Kingdom). Then, we submit a theory of multilevel demotic pluralism, which allows to describe and analyse the coexistence of a compound people and component people in a multilevel system. Finally, we apply this theoretical framework to the French legal system and to the European Union
Fonseca, Tinoco Karlo. "Les licences des droits de propriété intellectuelle à l'épreuve de l'intérêt général : une étude de droit brésilien, français et européen." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA020.
Full textConcerns for the public interest do not only shape the granting of industrial property rights, but also impose limitations on exploitation of such rights by owners and have an impact on how owners exercise their rights. The consideration of the public interest related to licensing of industrial property rights is not the same in Brazilian, French and European Union laws. Comparative study of the French and European practices in this field can be used to aid Brazilian lawyers in criticizing and considering new elements to challenge the current screening system of license agreements inBrazilian law, proposing the adoption of a contractual freedom-oriented system. This thesis undertakes an analysis of French and European Union laws, which allows us to take into consideration Brazilian competition law as a mechanism to control industrial property licenses without prejudice to public interest
Bouleghlimat, Widad. "L'arbitrage commercial international dans les pays arabes et les principes Unidroit relatifs aux contrats du commerce international." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020013.
Full textInternational commercial arbitration is the Alternative Dispute Resolution (ADR) the most used in the world. Which contributes in particular to make the main actor of the diffusion of a-national rules as the general principles of law, usages of international trade, or the lex mercatoria, often chosen by the arbitrators as the law applicable to the substantive of the dispute. This choice was extended to the new rules developed by private international institutions such as the UNIDROIT Principles of International Commercial Contracts. A doctrinal codification conceived as a soft law instrument, which is increasingly applied in arbitration practice. Our study shows, however, that few awards rendered in cases in which one of the parties is Arabic made a reference to UNIDROIT Principles. The explanation is not to look for in an incompatibility between them and contract law in Arab countries but in the ignorance of this doctrinal codification by Arab jurists and lawyers. Added to this, a feeling of distrust a manifestation of soft law. It is therefore necessary to consider the ways in which the UNIDROIT Principles to find their place in the law and practice of the Arab countries