Dissertations / Theses on the topic 'Loi de police, études comparatives, France'
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Zamzam, Abdel Moneem. "Les lois de police dans la jurisprudence étatique et arbitrale : étude comparée franco-égyptienne." Dijon, 2003. http://www.theses.fr/2003DIJOD002.
Full textIn the last few years, there has been an important change in private international law concerning mandatory rules. These rules raise a number of problems, which are very difficult to solve. As far as theory, legislation and doctrine are concerned, it is necessary to look into the problem of the identification of mandatory rules and of their enforcement. A comparative study of French, Egyptian and Muslim law can help us have a better understanding of mandatory rules and define their position in relation to the mechanisms of private international law. Are they used to demolish private international law or are they used, on the contrary, to safeguard the system of the conflicts rule?These questions must also be studied in relation to national case law. It seems to be all the more interesting to compare the position of the doctrine with that of case law in Egypt and in France (especially as regards the mandatory rules of a foreign State) as it is impossible to believe totally in its enforcement. Finally, according to arbitrators, the arbitrability of the dispute does not necessarily depend, contrary to what some authors have noticed, on the existence of a mandatory rule, but it rests on the notion of "libre disposition" laid out in article 2059 of the French Civil Code, whereas article 2060 of the selfsame Code seems to establish a useless requirement. Yet, the nature of the solutions relating to this field is obvious in French, Egyptian and Muslim law, even if Muslim law attributes to arbitration a wider domain than substantive law. Besides, the international arbitrator, in law or as an "amiable compositeur", selects, like the judge, the mandatory rules according to the following principle: Mandatory rules are applicable on the territory of the State on which facts are localized
Polat, Ahmet. "Le passage d'une police d'ordre à une police de proximité." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/out/theses/2006_out_polat_a.pdf.
Full textThe objectif of our research project is to verify the postulate that the organisation of the Turkish Police could put into practice an application of the Police de Proximité. The experiment of the Police de Proximité constitute an formidable laboratory in which the Turkish Police can learn new lessons, methods, devices, proceedings. The Police de Proximité is an example of a centralised system compared to the model of Community Policing under the regional and local authorities. Facing the renewal of delinquency and the increased feeling of insecurity, the Turkish police are looking for anachronic solutions in the optical of public order and serious crime, such as terrorism, instead of focusing on preventative measures and public safety. A sustainable and effective change can be achieved by responding to social needs. In France the project of Police de Proximité was supended. But the French government is making enormous efforts to integrate this model into the existing system. Even if there are controversial opinions regarding the extent of the application of the Police de Proximité, the concept has been an inspiration to other important field experiments in this research area. The lessons learned by the French experiment allow us to design a new Turkish concept of the Police de Proximité. In order to implement a public policy of security in Turkey, this reform is dependent upon three successive phases: the political administrative phase, the juridic phase including legal modifications and the operational phase within the organisation of the police. As the French experiment has shown, the mere implementation of the reform is not sufficient to change the system. Success implementation of this reform, is dependent upon the support of politicians and people as well as the determination of the police
El, Rouby Ossama Rouby Abdel Aziz. "La cour de cassation et le contrôle de l'application de la loi civile et commerciale : étude comparée franco-égyptienne : contribution à l'étude de la protection procédurale des droits de l'homme." Dijon, 2000. http://www.theses.fr/2000DIJOD003.
Full textAngot, Fleur. "La distinction de l'habileté et de l'abus de droit en droit fiscal comparé : France-Allemagne." Paris 2, 2003. http://www.theses.fr/2003PA020026.
Full textMansour, Samir. "La protection des libertés publiques face à l'autorité de la police administrative en France et en Égypte." Paris 1, 1996. http://www.theses.fr/1996PA010325.
Full textThe authority of the administrative police has at its disposal, a whole set of legal and material procedures, the flexibility and the wide range of which, allaw it to keep public ordre. So wide powers, rither concerning the possibility of limiting the public liberties or that concerning imposing on these liberties the execution of statutory or individual ordres, make necessary the existence of an effective system of restrictions, which can provide the individuals with protection against the misuse of the authority of the administrative police. This research underlines the intervention of the administrative police power, in the field of the exercise of public liberties in france and egypt, and the means which guarantee that exercise in the two countries, and the part played by the "conseil d'état" of Egypt as the gardian of public liberties. The aim of our research consists of traying to present, in the light of legal texts and judicial decisions, in french and egyptian laws, an and lytical study of the intervention of the administrative police in the field of the exercise of public liberties and the effective guarantees of these liberties against the abuse of the authority of the administrative police
Texeira, Do Nascimento Valério. "Des jeunes en conflit avec la loi : la gestion de l’ambivalence ennemi-vulnérable social du jeune délinquant : une étude comparative entre la France et le Brésil." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10015.
Full textThe Brazilian legislation in the topic of the youth criminal’s treatment, inserted in the complete protection doctrine, represents an evolution of the judicial champ: the young is treated with more humanity and with more respect, even if the authority’s reaction is repressive, like been exceptionally sentenced to imprisonment. It’s the same type of evolution that came from various forms of participation and articulation processes which involves public and actors, that proposes an association between the Administration and the society in the youth delinquency area. Also, the legal regime in youth’s attention established in the Childhood and Adolescence Statute (ECA) allows that we can considerer the juridic adoption of one complete protection doctrine, with a large youth’s participation in the articulations through public actions. In that context, also participates family, community, other public institutions, the judiciary, public prosecution, civil society. That participation is expected in all situations which the youth is engaged, for the prevention or the repression in delinquency cases, in harmony with the legal document mentioned. The youth’s criminal policy is one part that a global policy that aim his protection. In terms of the French’s juridical doctrine, it’s expose a regression of the legal treatment that is envisaged for the youth criminals in France. This is observed in the context of an inflation of legal texts, with a repressive character, having the youth criminal individual as target, especially the law Perben I and II 2011, the law LOPPSI 2 and the law that had established the Tribunal Correctionnel for the youth criminal. Here there is a paradox. It’s the ambivalence the la vision placed on the youth criminal, that at the same time looks like an enemy of society and looks like one vulnerable person in social risk. Consequently, there is one legislation that emphasises the youth’s protection, and besides there is this legislation that increases the repressive dispositive against the youth criminal in the penal juridical context founded in human rights. This central issue will be analysed around the public action addressed to the treatment of the youth’s delinquency through the participation process and mechanisms, considering the youth individual in social risk situation or the youth in conflict with the Law in Brazil, according to the ECA, or the actions and the contracts in the French’s system called politique de la ville. In the case of the complete protection doctrine, that emphasises the actions of defence, which guide the youth juridical regime also the public action in Brazil, we will see comparatively, that in France the issue is similar, but its appears in other terms. It’s a fact that we assist the upsurge, like we have said, of one youth juridical regime plus inclement, nevertheless France stills firm and maintain its philosophy written in the Ordonnance of 1045, always in force despite several modifications in its original text, that’s of the prevalence of the educational above the repression, established in principe fundamental reconnu par les lois de la République, according of the Conseil contitutionnel’s decision
Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.
Full textAbdel, Karim Samy. "La protection des droits et des libertés individuels au cours de la phase policière des investigations en droit compare français et égyptien." Rennes 1, 2001. http://www.theses.fr/2001REN10404.
Full textChabi, Driss. "Les relations franco-marocaines de droit international privé depuis la la loi du 11 juillet 1975 sur le divorce." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30020.
Full textThe problems of coordination between the moroccan and french systems of private international law come as a result of the differences existing between their legislations concerning the personal status on the right of the family. In the case of the moroccan law the issues of personal law status stand in solidarity with religious rules that prohibit the mariage of a Moslem woman to a non-moslem man, the ignorance of natural children, and the free union. Also for religious consideration these rules ignore the adoption of children. In the french law the wives are treated equally like men in the case of mariage, and divorce. This egality includes also the natural and the adopted children. These difficulties provoque many problems and conflicts between the two kinds of law. The french-moroccan relations will face a difficult test when the french law of the 11 july 1975 apply the french rules on all foreign marrierd couples residant in France. For coordinating between their laws Morocco and France signed on 10 august 1981 a convention concerning the status of individuals and the family and juridical cooperation. The issues being considered in these rules are the state, the capacity, the mariage and the divorce and the keeping of children. In these new rules, they favorise the application of national rule in order to conserve fondamental principals of their national identity. This respect of personal status leads naturally to minimize the exigence of the public rule. The convention establishes in the other hand a system of juridical cooperation in order to facilitate and to assure exercising the right of guardien, visit and the payment of alimentary pensions
Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Electronic Thesis or Diss., Lille 2, 2012. http://www.theses.fr/2012LIL20002.
Full textThe French system of Private International Law of Contract is highly developed, evidenced by a rich jurisprudence and doctrinal system. One of the leaders in the field, many of their legal concepts were widely accepted and adopted by other legal systems, first by European countries and then worldwide. However, because of their complementary and intertwined nature for each other, the French legal system cannot be studied apart from the European system. For this reason, this study covers not only an in depth examination of French Private International Law but also a general look at European Private International Law. The Thai system of Private International Law of Contracts, in comparison, is developing and needs significant legal reform, as soon as possible, in order to cooperate with other contracting States in ASEAN. Thus, this comparative study responds to the needs, and shows how to correctly apply the conflict of laws’ rules, including their exceptions, which could solve many problems occurring in the Thai legal system. Therefore questions on the applicable laws of contract and the settlement of disputes which derive from international contract law are objects of this study
Wenner, Éva. "La filiation paternelle en droit comparé allemand et français : la loi allemande relative à la filiation du 16 décembre 1997 : un modèle pour le droit français ?" Toulouse 1, 2000. http://www.theses.fr/2000TOU10082.
Full textBernal, Cano Natalia. "L' interprétation et le contrôle de la constitutionnalité de la loi : étude comparée des systèmes français et colombien." Paris 2, 2002. http://www.theses.fr/2002PA020050.
Full textAranjo, Christophe de. "Les juges de la loi et la garantie des droits de l'homme : étude des rapports entre cours constitutionnelles et européennes en France et en Allemagne." Paris 2, 2005. http://www.theses.fr/2005PA020030.
Full textKim, Ji Young. "La réforme des finances publiques en France et en Corée." Paris 1, 2012. http://www.theses.fr/2012PA010259.
Full textCassan, Damien. "Une comparaison internationale de l'apprentissage et de la socialisation des policiers en France et en Angleterre : le gardien de la paix et le Police constable." Lille 1, 2005. http://www.theses.fr/2005LIL12016.
Full textL'apprentissage sur le tas de l'élève gardien de la paix est peu organisé et beaucoup plus informel, notamment en raison de l'absence d'un tuteur identifié. L'" intégration" de la recrue passe par une période, de 'retrait' et d'observation sensiblement plus longue. La thèse intègre le concept anglo-saxon de "cop culture" "la culture du patrouilleur policier "). Si ses grands traits caractéristiques se vérifient (avec toutefois quelques nuances) dans les deux polices, la différence la plus significative mise à jour par cette enquête in situ renvoie aux interactions entre la patrouille de police et le public. La recrue française est socialisée à une attitude plus distante (voir indifférente dans certaines situations) face au public et un accent mis sur le répressif, alors que la recrue anglaise intègre des dispositions de dialogue, et d'actions de service aux citoyens plus marquées. Ces observations correspondent à des différences en terme d'" accountability" (action de rendre compte). Malgré des volontés politiques du côté français pour rapprocher la police de la population, et une tendance à la centralisation de l'action policière en Angleterre, nos observations montrent une police française rendant davantage compte à l'Etat, et une police anglaise "accountable " vis-à-vis de sa " communauté "
Valdivia, Olivares José Miguel. "Le droit de la responsabilité de la puissance publique au Chili à la lumière du droit français : Etude comparée." Paris 2, 2010. http://www.theses.fr/2010PA020090.
Full textOmar, Adnan Al. "L'impact de l'ordre public sur les procédures d'arbitrage dans les relations internationales privées : Etude comparée (France, Jordanie)." Montpellier 1, 2009. http://www.theses.fr/2009MON10007.
Full textOh, Seung-Gyu. "La décentralisation dans le domaine de la police - étude de droit comparé : étude de droit comparé : la Corée et la France." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1008.
Full textKorea, which opened the era of democratization in 1987 moves towards democracy in daily life after the implementation of the system of local autonomy in 1995. In a general trend of decentralization and irrevocable and increased autonomy, decentralization in the field of police was under discussion as a means of completing the system of local autonomy. This issue of reform have led to the limited exercise of a decentralized police in Jeju province alone requires a further consideration. To do this, we need to look carefully into a legal system that is easier to receive in Korean law: the French regime. Indeed, France is a traditionally unitary and centralized state which pursues a decentralization process in depth, including the police. It results that the police be decentralized at the municipal level under the leadership of Mayor and under the control of local police committee at provincial level. The autonomous decentralized police has the general duties and is responsible for special police affairs. The National Police assume security in the municipalities that do not have own police service and the coordination and control for municipal police. In addition, the incorporation of the National Police and National Police Board should be changed from the Minister of Public Administration and Security to the Prime Minister. Control over the municipal police would be accomplished administratively by the local police, by national administrative authorities and the national police authorities, or judicially against individual administrative acts
Zhang, Liu Feng. "Etude comparative du contrat de transport maritime de marchandises en droit francais et en droit chinois." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32048.
Full textThe purpose of this dissertation is to carry out a comparative study of the contract for the carriage of goods by sea in French law and in Chinese law, principally between French positive maritime law and Chinese positive maritime law, taking into consideration as well the numerous influences which international Conventions currently in force bear on this issue.The contract for the carriage of goods by sea is concluded between a shipper and a carrier. The transportation of the goods by the carrier involves the navigation of a ship through water, a natural element which is not without danger; the act of the transportation of the goods therefore involves certain risks, and it is this act of transportation which is the object of the contract.This contract is generally modelled after the standard form of a Bill of Lading, though that is not the only document which is used. Among the specific elements of a Bill of Lading, the Paramount clause, the jurisdiction clause and the arbitration clause inserted in the document will each be examined, because they form the legal base of maritime transport.The execution of the contract, considering the rights and obligations of each of the parties, will be examined in detail. Assuring that the ship is in sound navigating condition, carrying out the voyage and accomplishing the delivery of the cargo are the responsibilities of the carrier, who in return will receive payment for these services from the shipper.However, the particular risks inherent in sea travel engender particular problems which will be specifically addressed – for example, the exact extent of responsibility of the carrier; the cases in which an exception might be made; amount limitations to the indemnities for damages, etc.The practical application of the contract to a specific situation will sometimes lead to disputes. In each case it needs to be determined which is the party that is responsible for the damage to the cargo. In fact, it is not always easy to define the responsibilities of each party. Sometimes appeal is made to international arbitration, and at other times it will be necessary to appeal in a court of law.Since the disputes often involve several separate enterprises (the ship owner, the ship manager, the shipper, the carrier, the recipient, insurance companies, bankers, etc.) coming from diverse countries with judicial systems which differ from one another, a number of complex legal issues must be resolved: the conditions of admissibility of the action, the jurisdiction of court, applicable law, etc.Among the particularities, we observe that France ratified the Brussels Convention and the modifying Protocols of 1968 and 1979, whereas China did not ratify any of these documents. In international law, France applies the monist system, according to which the ratified International Conventions are immediately applied in internal law, although according to dualism, the Conventions do not acquire legal force until after having been transposed into internal law. China applies neither the monist system nor the dualist system, while granting to the International Convention a superior authority over internal law, though only under certain conditions.With modern means of production and communication, the planet has become a global village whose members continually exchange goods and services. This development has led to significant growth in international commerce in general, and to significant growth in the transport of merchandise by sea in particular; hence the importance of this study
Paquay, de plater Pierre. "Le bail d’habitation et le droit au logement : étude de droit national et comparé." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020039.
Full textThe Right to Housing is an international topic implemented by national authorities. In France, the fundamental Right to Housing was enshrined in an Act in 1982. Since then, this concept has evolved, giving birth to a large number of rights dedicated to the tenant's protection, which opposes nowadays the Right to Private Property.The scope of this thesis is dual. Firstly, we will try to understand how the concept has been built up, from both a national and international perspective. In this vein, we will study the effectiveness of this right against the framework of a comparative study. Finally, some reforms of the French regulation system will be suggested
Perret, Sarah. "Les législations en matière de naturalisation : Vecteur de sécuritisation des politiques d’immigration en Allemagne, aux États-Unis et en France." Thesis, Université Paris-Saclay (ComUE), 2015. http://www.theses.fr/2015SACLS034.
Full textThe evident evolution of political treatment of migration reveals that immigration and integration are becoming major issues in the future world politics. Indeed, contemporary immigration differs in many aspects from those witnessed during previous centuries, because it became more visible, "dramatic" and "dysfunctional". Today, the unpredictable and uncontrollable characteristic of this phenomenon deeply affect the traditional patterns of the Westphalian state and feeds fears in Western societies that can act as destabilization sources. We are then witnessing a shift in the political treatment of the migratory issue within the field of security. Ole Wæver helps us to understand this process through his concept of "securitization", by which he explains the current existence of a discursive process leading to a social fact, such as immigration, to become an issue of "societal security". However, his vision seems too narrow to be a relevant analytical tool in its own right. Thus, the contribution of some sociological tools provided by Bourdieu helps us in considering the "securitization" as a process not anymore being only discursive, but also potentially legislative. The use of a study both comparative and qualitative of naturalization’s legislations in France, the United States and Germany, allows thus to open a discussion on the role of naturalization as a security practice in the "securitization" of immigration
Bouyahia, Sabrine Maya. "La proximité en droit international privé de la famille français et tunisien : actualité et perspectives (étude des conflits de lois)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020103/document.
Full textThe following study is aimed to determine the broad place of the proximity in Private International Family Law within French and Tunisian legal systems. First of all, this analysis draw attention to the differences between countries in the identification of the connecting factor in abstract way within personal status matters as well as the methods used to designate it. Then, it underscores the deficiencies observed within the integration of this process in both countries.Thus, the general position of the Tunisian legislator which is in favor for connecting factor offamily relationships to nationality fits into a perspective research of proximity as provided in the Tunisian system. Unlike, the French system requires a different choice reflecting the composition of the French society. The proliferation of habitual residence in the French rules of conflictem bodies more than nationality, the connecting factor of proximity in France.However, the forecasts of pre-established rules of conflict are undeceived and may require, when applied, their correction in terms of conflict and material. Such corrections require the intervention of judges to verify the compliance of the result with the specificity of the relationship of law on one hand and the compliance of the provisions referred by the law of the Forum on the other hand. Nevertheless, when the legislator intervened, it becomes difficult to allow the assessment of the result pre-determined of the rule of law to the judge. Therefore, the appreciation of the judge for such prerogative is apprehended by legislators of both legal systems already studied because of the insecurity that could generate. Nonetheless, there are methods which allow the reconciliation of requirements of proximity withthose of legal security. Consequently, it would be more appropriate to identify them before proposing the necessary reforms within studied systems to better embody the proximity
Al, Amer Munira. "L'égalité entre époux : étude comparative : Droits français, qatarien, saoudien et tunisien." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA015.
Full textThis comparative study proposes to analyze how equality between spouses in Saudi Arabia, France, Qatar, and Tunisia is apprehended at the time of marriage, during marriage and at the time of dissolution. Despite an overall agreement that presents in the affirmation of symmetrical equality between spouses on the theoretical level, the application of this principle is limited - to a different extent in different countries - by discriminatory provisions against wives, restricting their right to equal liberty and equal dignity
Kim, Doowon. "Etude comparée du régime de la sentence arbitrale en droit coréen et en droit français." Thesis, Paris 2, 2021. http://www.theses.fr/2021PA020092.
Full textAn in-depth comparative study of arbitration between Korean and French law has never been considered in France. From the Korean comparative point of view, French arbitration law is of particular interest for the next possible directions of Korean arbitration law. For this reason, since the 1999 reform, even after the 2016 revision, Korean jurists have been paying attention to foreign arbitration regulations, especially with regard to the international influence of the French arbitration system. Therefore, it seems relevant to present the evolution of the two arbitration laws by focusing on several reforms that provide solutions to the problems raised by the application of the previous rules. Thus, the question is whether the current Korean legislation is sufficient to meet the requirements of the international community and to promote the Korean commercial arbitration system internationally. If not, should French law be used as an inspiration to define new directions for arbitration practices and laws ? In this respect, it seems interesting to compare in particular the regime of the arbitral award in Korean law and in French law. This comparative analysis will therefore seek to explain the reasons of the differences in the solutions provided by these two laws, on a legislative and jurisdictional level, in order to guide the Korean doctrine and legislator and to highlight developments likely to reassure foreign parties considering arbitration in South Korea
Tarchichi, Riyad. "Les statuts spéciaux des baux d'habitation : l'état de la crise et les prospectives des solutions : étude comparée entre droit français et libanais." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10037/document.
Full textThe law is the product of human society. It's found when this society is at the top of its success and its tracks are more blatant when this one is affected by various crisis. The Act has to adapt to these various states.This idea is summarized among others by Mr. BURDEAU : “The disintegration of the concept of law is not explainable by the only data of the legal universe; it's a reflection of a sociological phenomenon”. Then we understand that sometimes, social crises lead to an infringement of the law, to its transcendent authority. Some authors explain that this impairment brings loss of the essential characters of this law which are the generality, the impersonality and the universality. This loss is for the benefit of the principle of stability of the society. The special status of residential leases are an example of the impairment of the main characters of the Act.After the 2nd World War in France and the civil war in Lebanon, French and Lebanese legislators found themselves repairing the social and humanitarian crises from the war. Many social laws have been enacted, particularly in residential leases. New legal statutes have emerged. The legislator had to consider the interests of the tenant, without forgetting that of the lessor. He had to ensure the general interest by respect for personal freedom and the protection of private property considered as fundamental principles in the constitution of the two countries and the human rights conventions.Our study will be based on these special laws (act of September 1, 1948 in France and July 23, 1992 in Lebanon), on their characteristics, operation and plans. We will examine their social, economic and legal impact to see if they appear as a solution to the social crisis, without leading to a legislative crisis
Bendelac, Esther. "Le transfert de bien au décès autrement que par succession en droit international privé." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020069.
Full textEstate Planning institutions, from english and american laws, allow an individual to transfer property at death to a beneficiary previously designated by him, other than by succession. It became necessary to analyse these mechanisms in their original context so as to implement the teleological-functional qualification. This one failed to assimilate anglo-american and french laws institutions. Therefore, they are exorbitant institutions. Following this demonstration, we had to identify the law that is applicable to them. This is the reason why the contemporary doctrinal propositions were tested. Due to the specificities of the Estate Planning institutions –the right of survivorship, the life interest, and bypass the probate process, the implementation of the current rules of conflict of laws is irrelevant. The only way that could be further explored to accommodate these institutions with the french legal system was the international private law empowered the domestic law. In order to verify the relevance of the development of an autonomous category and its connecting factor, it was necessary to consider the mandatory rules and the content of the international public order. None of these methods, neither alternative nor corrective, constitute an obstacle for our proposed specific rule on conflict of laws to the Estate Planning institutions
Chiu, Victoria. "La protection de l'eau en droit public : Étude comparée des droits espagnol, français et italien." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0081/document.
Full textWater as a natural resource in constant motion is difficult to grasp by the law. The shortage of this resource remains a major problem in parts of southern Europe, particularly in Spain, France and Italy. Faced with this challenge, enhanced legal protection is necessary with force. Is the law able to guarantee this resource protection through a special status that respects its vital and rare character? The purpose of this piece of work is mainly to set a comparative law perspective between the French, Italian and Spanish legal systems, studied in the light of the law of the European Union which promoted a standardization of water protection, even if it remains insufficient. The public domain, the concept of heritage, and the gradual recognition of the right to drink water and sanitation are the solutions proposed by the legal systems studied. The question of the effectiveness and efficiency of public water protection is at the heart of the study. It raises questions about the actors in the implementation of the protection of water, as well as an often complex sharing of skills. In this perspective, the role of the administrative judge and judges of public waters in terms of effective enforcement of protective standards for water is fundamental. So the question of the effectiveness of protection raises central, because it follows both the preventive character and the repressive nature of the sanctions imposed in the case of damaging the water resources
Li, Xiaoshan. "La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020021.
Full textThe dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minority shareholders, and between the shareholders and the company or group of company. It is corporate profits and the principal of equality that direct legislators and judges to suggest applicable solutions.It is important to notify that in French law, legal provisions about the responsibility of majority shareholders or company leaders and the ways of resort of minority shareholders provide reference for improvement of Chinese law. Besides, the study of acquisition of chinese listed companies, looked from the angle of the protection of minority shareholders, very different from tender offer in French law, demonstrate the characteristics of Chinese stock market and deserve foreign investors’ enough attention
Petit, Frère Renel. "La répression pénale de la criminalité organisée : étude comparée des droits français et haïtien." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30055.
Full textOrganized crime is a major concern for the French and Haitian public forces and the related crime repression methods are at the core of the French and Haitian Criminal Law. In that sense, both legislators had to adapt their criminal legislation in order to provide the judicial system with new instruments of crime control to help detect and punish organized crime offenses. The latter are fought down via a double punishment approach that is proactive and reactive. We notice that the criminal law of organized crime, whether substantive or formal, slides from the reactive towards the proactive. It is a repressive logic that favours efficient repressive methods over the respect of fundamental principals. And therefore, the right of a fair trial is ill-used. In both Rights, the people involved in organized offences are severally sanctioned and the criminal assets are forfeited in order to apply preventive and repressive measures. This repression takes place within a cooperative efficient framework between the police and the judicial body and causes the emergence of new instruments of cooperation and the sharing and regionalization of the norms of criminal sanctions against organized crime. This comparative study shows that Haiti can benefit from the French judiciary expertise founded on the specialisation of the judiciary actors who participate in the criminal proceedings