Dissertations / Theses on the topic 'Marché financier – Droit comparé'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Marché financier – Droit comparé.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Pavkovic, Daniella. "Le délit d'initié en droit comparé : Europe, Etats-Unis et Japon." Nice, 2000. http://www.theses.fr/2000NICE0042.
Full textOver the last thirty years, financial markets have developed at lighting speed. The internationalisation and modernisation of these markets have resulted in a globalisation of the financial sector. At the same time, this phenomenon has opened up new oppartunities for the development of insider dealing. This comparative study of the definition and national and international insider dealing operations shows a two-fold tendency. In the national laws of those countries dealt with in this study, there is a general tendency towards a uniform definition of insider dealing. This shows increased convergence between legislative provisions and national regulations leaving the way clear for insider dealing. Regarding how this offence operates, uniformity of supervision and repression of insider dealing operations by these countries is becoming a reality
Amadou, Garba Souley. "La réglementation des marchés à terme : contribution à une étude comparée en France et aux États-Unis." Clermont-Ferrand 1, 1994. http://www.theses.fr/1994CLF10433.
Full textThe subject of this thesis is a comparative study of futures commodities regulation in France and USA. An introduction and a preliminary chapter relate the emergence of futures markets and the evolution of their regulation in the two states, clarify the meaning of various notions and remind the main functions of these markets. In an indepth analysis of french and american futures markets institutional frame, are successively tackled, in the first chapter, the matter of States supervision on markets, other regulation and supervision bodies, and markets organization, while a second chapter reviewes various market's agents by clarifying the frame and terms of their intervention. The last two chapters are devoted to the analysis of the differents markets' transactions : first, are explained, in the third chapter, mecanismes, methods and technicals to carry out various markets cealings, the list of differents market's operations, typology of market's orders, the way to produce them and the various rules of market's negociation used on french and american's markets places. Lastly, the fourth chapter presents the means of settlement of operations through an analysis of clearing and settlement processes
Evans, Maria. "L’évolution de la régulation des marchés financiers : analyse comparée France, États-Unis et Costa Rica." Electronic Thesis or Diss., Toulouse 1, 2022. http://www.theses.fr/2022TOU10004.
Full textThe financial crisis of 2007/2008 has shaken the whole world. Its extension and its devastatingeffects on the economy have put financial regulation to the test and revealed its shortcomings. As aresult, reforms and the adoption of certain common standards have been proposed by internationalinstitutions such as the G20 and the Basel Committee.In this context, regulation has become an administrative governmental mode of action.Governments no longer intervene directly in the regulation of the economy, the supervision of theactivities of private individuals and sensitive sectors. For this, they delegate this function to regulatoryauthorities.The present research analyzes the evolution of financial market regulation in three countries, theUnited States, France and Costa Rica, in a comparative approach. This study focuses on the regulatorymodels chosen by these countries and more especially on the structure of the authorities in charge ofregulating securities market. To this end, we also analyze the challenges of the authorities, such as theintroduction of ESG criteria, new technologies, as well as questions of legitimacy and independence.These regulatory authorities are the guardians of the proper functioning of the securities markets andthe safety of investors
Hecker, Lusitania. "Nouvelles formes de régulation et marchés financiers. Etude de droit comparé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020072/document.
Full textThe legal systems of today are different than those that came into force 40 years ago. The assertion is applicable particularly to the economic areas under that a kind of law, known as regulatory systems. Indeed, a simple look at the contemporary law shows first; a rise in new entities which have the power of creation, the monitoring and the application of law and second; the existence of adjustments in the design and implementation of the standards that govern an activity, the development of soft law, self-regulation and standards, among other examples. This phenomenon, named new forms of regulation, which a few years ago was strongly praised by a part of legal doctrine, is now being questioned. Even if the regulation constitutes a universal phenomenon, we decided to focus in the financial markets. This is because the economic sectors under the regulatory systems have a diverse situations in terms of action and their fundamentals that hinders a comprehensive analysis. In this sense, it has been said that the regulatory systems rules legitimacy cannot be considered abstractly. This must be assessed by the relations between its standards and regulated objects. Financial markets are, in this context, a privileged test case concerning the experimentation of new forms of regulation. In these markets we found the origins of the use of soft law, self-regulation and other new forms of regulation, and it is precisely in the financial markets where that the disputes about the efficacy and the legitimacy arise about new forms of regulation. Our study concerns the use of new forms of regulation within the framework of the financial markets in six countries: France, England, the United States and three Latin American countries: Mexico, Colombia and Chile. The reasons for this choice are as follows. Firstly, it seems valid to look at the legislation where the new forms of regulation came from. The American model is needed, but also the English model, because it was, for a while, the more thorough example of economic liberalism, therefore a source of new forms of regulation. France is also an indispensable reference. Indeed, as we want to show it, France is the most perfect example of the quest for a culmination of logical regulation and systematization of regulatory law. We have chosen Mexico because of the size of its financial market; Colombia because it has undertaken remarkable legal reforms linked with the new forms of regulation and Chile, because it is the most stable country both politically and economically in the South of Latin America
Ibrahim, Majida. "L'atteinte à la transparence des marchés financiers : l'exemple du délit d'initié : étude comparée du droit français et du droit libanais." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1030.
Full textInsider trading can be illegal or legal depending on when the insider makes the trade: it is illegal when the material information is still non public, trading while having special knowledge is infer to other investors who don’t have access to such knowledge. Directors are not the only one who has the potential to be convicted of insider trading. People such a brokers and even family members can be guilty. Insider trading is legal once the material information has been made public, at which time the insider has not direct advantage over other investors. The tendency is to the criminalization of insider trading and the foundation of a specific regulatory authority for financial markets. The work is therefore based on a study of different law enforcement jurisdictions which trend to ensure markets transparency and ensure the respect of equity between the operators by the phenomenon of regulation. In a first approach, we study the originality of the crime including the double definition that generates a double prosecution: criminal and administrative. And in a second approach, we analyze the effectiveness of the repressive system in which we realize that this duality of the repressive system facing the non bis in idem can only be seen as coherence and complementarily between the two orders of jurisdictions
Prorok, Johan. "La responsabilité civile sur les marchés financiers." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020011/document.
Full textThe aim for our research is to determine whether the specificity of financial markets requires to adapt tort law. Our study is limited to multilateral trade markets and specific faults - defective public information and market abuses. In effect, it is in this context that the problem is most acute as these faults affect the market itself and can injure all investors. The multilateral aspect of financial markets then stands in sharp contrast with the individual dimension of civil liability. There, the damage is fragmented, uncertain and difficult to assess, and liability is subject to a dilemma : should you compensate for the alteration of the decision or of the market ? To answer the question, we used comparative law. De lege lata, in all States defective public information arouses most interest: various solutions have been adopted to compensate either an alteration of the decision or of the market price, by the judge (USA, France) or by Parliament (Germany, UK). De lege ferenda, we opt for compensating only investors who relied on the information for both defective public information or fraudulent market intervention (price manipulation and insider trading). This restrictive approach does not require any adaptation for tort law, so the common law should continue to apply. The specificity of financial markets is finally too strong for civil liability to play a real role there. We must accept that it plays only a residual part on the market and insteat rely on criminal and adminitrative enforcement to deter and prevent the occurence of damage to investors
De, Ravel d'Esclapon Marion. "Etude comparée des systèmes de sanctions en droit des marchés financiers en France et au Canada." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA015/document.
Full textThe persistence of financial frauds since the creation of the stock exchange has made it clear that sanctions are a fundamental aspect to ensure the effective functioning of financial markets. Currently, our sanction system relies, for the most part, on the action of the financial regulator, the Autorité des marchés financiers. At first sight, French law offers a very modern system. However, frauds keep on happening, affecting drastically the trust of the investors in the system. In order to improve our sanction system, the comparison with Canadian law has revealed to be very rewarding. It is possible to make our system more efficient by implementing a special jurisdiction, which would be responsible for all the financial markets disputes, in order to make our sanction system more coherent and unified
Papadima, Raluca. "La convergence en matière de droit applicable aux sociétés cotées de l’Union européenne : qui s'assemble se ressemble." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020038.
Full textListed companies are a world apart. There are approximately 5 000 companies listed on the regulated markets of the EU stock exchanges. Although they represent less than 1 % of the European businesses, their market capitalization amounts to more than 70 % of GDP. Because they have a systemic importance for the economy, the comprehension of their legal regime is crucial. We first establish the boundaries of the applicable law, starting from the supranational level because EU law represents the most important source of both convergence and divergence. This method allows us to establish if the supranational level should extend to new areas of regulation or push for further the harmonization in the areas already regulated and to make predictions regarding the probable or desirable future directions of the regulations. We then analyze the causality of convergence, which shows three main types of convergence : imposed, by pressure and by approximation of the factual circumstances of the environment in which EU listed companies operate. We conclude that presently there is a convergence of national regulations applicable to EU listed companies despite only partial harmonization at the supranational level and that this convergence will deepen as a result of its forces and factors of causality. This conclusion reinforces the arguments for a reorganization of national laws based on a new summa divisio between listed companies and non-listed companies
Youssef, Ines. "L'intermédiation financière : étude comparée des droits américain, français et tunisien." Paris 1, 2012. http://www.theses.fr/2012PA010263.
Full textKhan, Shaghaghi Legrand Richard. "La régulation de l'accès aux médicaments (aspects de droit comparé)." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB099.
Full textWhile the European countries face increasing spending regarding medicine, the coverage of a new product of health by the public financiers appears as an essential stake in the control of these spending. Most of the countries, as France, use then explicit lists defining products taken care or not taken care by means of public financing. The underlying idea of such a process is to concentrate the public coverage on "useful" said products, that is which not only participate in the treatment of pathologies considered important, but which show themselves also effective and, where necessary, the least expensive. If this idea is simple, the elaboration in practice of such lists remains complex. The definition of the criteria adopted to determine the outlines of a basket of refundable medicine as well as the methods used to estimate if a product answers these criteria, represent stakes important for the public decision-makers and can have direct repercussions on the quality and the costs of the medicinal prescriptions. Theoretically, the decision to take care of a medicine can lean on numerous criteria: efficiency, cost efficiency ratio, revolved by the pathology, the handled symptoms, the impact on the budgets dedicated to the health, etc. Furthermore, the evaluations present a whole series of methodological and technical difficulties to which come to add up the political context and the bargaining power of pharmaceutical companies, which also influence the decisions of care. The present study gets organized around the display of the notion of medicine, modalities of care of the latter and the procedure of their launch on the market under a compared angle enter the French and diverse law other legal systems being a matter of the community frame. Such an analysis lifts certain questioning of which the questioning of the current system of regulation of medicine. Through this research work, it is allowed to notice several failures not only in the mechanism of regulation of the spending, but also in the system of care itself. If the question of an adjustment of the policy of regulation of medicine is then at the heart of the debate, perspectives of evolution take shape nevertheless
Wahbi, Nasser. "L'autorité de régulation des marchés financiers : étude comparative France - Moyen-Orient." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020043.
Full textThe existence of a "financial regulator" whose mission is to control the financial markets is a widespread phenomenon that faces legal systems with a delicate issue: that of the integration of this regulator in the classic institutional landscape. It is this question which is at the core of research in comparative law between France and the Middle East. The formula, being of an Anglo-Saxon origin, is intriguing for its functional and structural originality. The evaluation of this phenomenon begins with the study of the specificity of the regulatory function. The question is how to apprehend that the financial regulator combines normative, administrative and litigation functions. Would not it divest the legislator, the judge and the executive of a part of their own activities? The analysis reveals that the purpose of the financial regulator is to function as a complement to the State’s powers. The financial regulator doesn’t constitute a fourth power itself; it rather diffuses the art of the regulation resulting from its status as a markets watchdog and its moral authority. The functional approach is complemented by examining the status of the financial regulator. What position does it occupy while combining both private and public elements? The study shows that the financial regulator is resistant to conventional legal distinctions. It is halfway between the State and the market surpassing by that the boundaries of the public/private law. In fact, it is nourished by private values through associating professionals in the regulation, using contractual mechanisms to resolve disputes, and submission to the judicial court control. However, it maintains, at the same time, a specific public status to ensure its independence. The result is the emergence of a new third mode of action whose purpose is the exercise of a new function of the State, which is the regulation, whose advent requires designing an unprecedented institutional formula
Aguemon, Mahmoud Brice. "Le droit de la régulation financière dans l'espace OHADA : étude comparée avec les législations internationales." Toulouse 1, 2011. http://www.theses.fr/2011TOU10065.
Full textThe widespread and unprecedented perception of financial markets in countries of West and Central Africa has focused attention on getting financial regulators into the nation's financial systems. The latter are in charge of monitoring financial services and operations, of adopting specific governing rules and of implementing various regulations. Yet the tumult of the international financial crises and the rush to set out efficient regulations, it was important to proceed with in-depth analysis of certain regulations governing African financial markets. As a result, although it might seem that financial regulators, along with the prudential regulators contribution, provide a notable support for actors and operations and ensure resumption of the sub-regional economic development, it should be noted, however, that these regulations are not compliant with international standards. Finally, the intent of this comparison is to provide a comprehensive review of the possible ways in which the role of financial regulators can be enhanced so as to undertake corrective measures to ensure financial stability and protection for investors
Koh, Agnès Ryo-Hon. "La société familiale cotée : l'exemple des sociétés chaebol coréennes." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020087.
Full textFamily-owned companies contribute the largest share to our economy. Yet, there is still no legal definition of what a family-owned company is and the topic has not drawn a lot of interest from legal academics. This study aims at differentiating family-owned companies by focusing more specifically on companies listed on a financial market. Family-owned listed company combines two worlds, family and financial market, which are based on diametrically opposed values and modus operandi. This conflict helps us to understand the specific features of these companies, as well as the risks attached to them. Taking the example of the chaebol, the Korean family-owned conglomerates, we highlighted the impact of the family control on the management and the governance of these groups. We compared French and Korean companies and legal frameworks, drawing the conclusion that the French legal system might have been a better fit to the Korean environment than American rules. Our research also underlines the relative failure of the transplant of U.S. standards in South Korea, which can be explained by the theory of path dependence
Gagnon, Martine. "Protection des consommateurs d'assurances : forces et lacunes de la Loi sur la distribution de produits et services financiers." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27379/27379.pdf.
Full textBahbouhi, Soror. "Le conflit d'intérêts du banquier." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090060.
Full textBanker’s conflict of interests is a hackneyed concept being invoked with each new crisis without being fully seized by the law. Special, autonomous and original, this concept longs earnestly to legal existence. Conflict of interest is the result of an incompatibility of a power and a duty being simultaneously in the hands of the banker. It is the situation where the banker has the power to affect an interest, pre-defined as superior, that he has the duty to protect. The concept stands at the heart of the fiduciary and agency law governing a considerable part of banker-client relationship, but is not restricted to this area and can both flourish outside the contractual context. Banker’s conflict of interests assumes the existence of a prior : a relationship of trust, which it maintenance appears to have justified many and disparate rules. Mainly inherited from regulations specific to investment services, it appears, after a critical review, that they fail to fully understand the conflict of interest in this area, let alone within its sphere of expression, which extends far beyond. A better legal management of the studied object then imposes a search for simplification and efficiency. In a prospective approach, analyzing the interpretation of legal concepts to which recourse is made to control the contractual Banker’s conflict of interests reveals that the obligation to manage the conflict of interest has common features with the traditional guarantee obligation. A comparative approach of the Anglo-American law confirms the unique nature of the banker's obligation facing the conflict of interest. Such an obligation necessarily require specific rules and a draft is being proposed in the thesis
Gintzburger, Anne-Sophie. "Qui dit le droit ? Etude comparée des systèmes d'autorité dans l'industrie des services financiers islamiques. Une analyse comparée des modes d'autorité en finance islamique en Asie du Sud-est, au sein des pays arabes du Conseil de Coopération du Golfe, en Asie du Sud." Thesis, Lyon, École normale supérieure, 2013. http://www.theses.fr/2013ENSL0823.
Full textThe three monotheistic religions refer to a God who is the all-powerful creator of all that exists, revealed throughout history, guarantor of justice and fairness, who is the ultimate moral authority. Theology advises some of the laws, economics and ethics of individuals and of states. Islam is not homogeneous in its economic, financial and regulatory approaches. However, through the financial services industry, it reveals in a tangible manner various facets of authority across Muslim contexts. These include contexts that are international and highly dynamic. Taking into account the delicate balance between sectarian, geographic and interpretive facets, the thesis analyses the determining forces that we refer to as authorities in Islamic finance. These contribute to the Islamic finance industry in its most tangible form in the structuring of Islamic financial products. Analysis is carried out initially theoretically. It is followed by a comparative study of factors affecting decisions pertaining to the structuring of Islamic financial products. These structures are based on financial contracts that conform to the principles of the Sharia. Is approval by Sharia board members fashioned by a regional authority, by international authorities, or by regulatory authorities? Are these authorities conventional or religious? We address the question as it pertains to the dynamics between various types of authority. We develop a comparative analysis of the approach taken in structuring Islamic financial products, according to geographical areas related to a sample of 121 Sharia board members covering Islamic financial products for 243 Islamic financial institutions in 35 countries
Jarboui, Nissaf. "Le pouvoir financier de l'organe législatif : étude de droit comparé." Thesis, Aix-Marseille, 2020. http://theses.univ-amu.fr.lama.univ-amu.fr/200122_JARBOUI_408dyy712blc127z921bqg_TH.pdf.
Full textThe thesis focuses on the comparison of the financial powers of the respective legislative bodies in the three Maghreb countries (Tunisia, Algeria and Morocco). The study focuses on the obstacles that hinder the financial power of Maghreb legislative bodies. These obstacles have a dual, cyclical and structural aspect. Structural barriers are manifested in the fragility of the budgetary process as well as in the insignificance of the principle of consent to tax. The cyclical obstacles are characterized by the prevalence of partisan issues in the three Maghreb countries as well as a parliamentary institution disoriented between bicameralism and mono-merism. The consecration of a well-structured financial power driven by a clear desire for democratization has become a political demand in the three Maghreb states because they will not be able to remain indifferent to the profound changes that are taking place all over the world. However, the evolution of the process of democratization as well as the emancipation of the financial power of parliament in the three Maghreb states, does not allow us to ignore certain political factors that makes the equation between the objectives and the means used to achieve them very difficult
Emy, Philippe. "Le titre financier." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40016.
Full textDarmon, Kestenberg Géraldine. "La refonte de l'abus de marché en droit financier européen." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010323.
Full textFollowing notorious financial scandals, and looking at the evolution of the financial markets and the new technologies, the European Union has reinforced the market abuse's European legal framework in the name of markets integrity. Far from being a mere grouping of financial offenses, the concept of market abuse could be analyzed as a real legal construct. Henceforth, testing a generic definition of the market abuse would allow clarifying its scope and guiding its implementation. Studying the meaning of the market abuse notion would avoid the successive revision of the national and European norm in order to provide the market abuse rules suitable to the market integrity and efficiency. Once the market abuse notion precisely defined, its preventive or repressive fighting could only be reinforced. However, the new coexistence of the administrative and criminal repressions of the market abuse in European financial law leads to some interrogations regarding the non bis idem principle application. In order to make the recast efficient, it is mandatory for the civil responsibility law to sustain the market abuse repressive law. Eventually, in order to maintain the European financial market competitiveness, it is essential that the market abuse recast is not unbalanced in favor of the integrity requirement and against the market efficiency. We shall not forget that the market abuse law is an economic law serving the market efficiency
Perez-Cartier, Nathalie. "Le droit financier espagnol au regard du droit communautaire." Paris 1, 2001. http://www.theses.fr/2001PA010295.
Full textXue-Bacquet, Beinan. "De la mondialisation à la condition postmoderne du droit financier." Paris 10, 2003. http://www.theses.fr/2003PA100054.
Full textThe financial globalization is materialized by the expansion of the network, by the transfer of assets and by the decompartmentalization of the markets. Taken in the context of globalization, the financial law is built upon multiple strata of institutions raised from different sources. The globalization entails a reorganization of the state policies and might be construed as a global phenomenon of transformation of the regulators. Besides acceptance of the rules, regulation within the scope of the globalization raises complex questions involving interactive and recursive links. Without obliterating the unchanging spaces which concern state regulation, financial regulation is under continuous changes in accordance with a complex and unfinished model. That is why a financial instrument tends to reach the attributes of a legal instrument, and why the normative gap is reducing along with the financial innovations
Shen, Ling-Long. "Le marché financier de Taiwan : de l'isolement à l'ouverture." Paris 1, 2005. http://www.theses.fr/2005PA010020.
Full textGrenier, Rémi. "Le second marché." Paris 1, 1987. http://www.theses.fr/1987PA010280.
Full textThe French capital market did not correspond to the needs of small business companies. Its heavy organization made it very difficult to adopt it to the recent economy changes. The second market created on the ist of february 1983 has to be considered has a major move from the traditionnal markets. The purpose of the legal changes is to make all the financial actions involved : access to the market becomes easer, market-making is legalized. The second market have had a genuine success. It now represents a significient part of the French equities capitalization and transactions. The second market has been more successful than its foreigner competitors. Few technical points might be modified but nevertheless, the second market appears as a model for the future French capital markets
Galvin, Jean-Baptiste. "Les conflits d'intérêts en droit financier." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010334.
Full textOne of the most dangerous threats on the inherent trust in the financial markets lies in the existence of conflicts of interests. They initiate conflictual situations which number and peculiarities threaten the interests of the intervening parties and the market integrity. After being considered as part of the judiciary subsphere of self-regulation, this question has become of major political concern. Due to the diversity of the situations and to the inadequacy of the traditional legal means, the market has been endowed with rules in order to prevent and solve conflicts of interests. The thesis answers two kinds of questions raised by the conflicts of interests from the point of view of the financial law : first, by identifying the situations of conflicts; second, by discussing their legal solutions. The complexity of the conflicts of interests raises from their diversity. Their identification requires to define the legal, personal and bodily framework of conflicts of interests. There is a need to go beyond a casuistic analysis in order to define the characteristic elements for an operational and legal approach; The regime of the conflicts of interests reveal the specificities of the matter with regard to the ordinary law of the conflicts of interests. This particularism is first linked to its objectives which are of protecting the investors interests and the market integrity; second, to the chosen method which is directed for its major part toward preventing and managing the conflicts of interests, finally to the means it uses. The study of the regime of the conflicts of interests shows that the way to a united approach as attractive it may appear is still uncertain
Granier, Cécile. "Les sources du droit financier." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3039.
Full textIn financial matters, the general theory of the sources, which is the key understanding of the law and the legal system, does not appear to be fully operative. The institutions usually identified by the classical presentation of the sources of the law within the national legal systems and the European Union - legislative, executive and judicial institutions - are not the only entities involved in the establishment of the financial legislation. In this configuration, it is necessary to confront the classical presentation of the law with the production circuits of the financial legislation. The comparison between the traditional scheme of the sources with the modes of production of the financial legislation reveals the singularity of the financial legislation. The authors of financial legislation seem to distant themselves to some extent from classical sources of law. Original authors work along with classical sources on the conception of the financial law. This includes national and European regulators, market infrastructure managers and professional associations. The intervention of such entities is justified by their ability to respond more effectively to the characteristics of the financial markets. The interaction between these original authors and the classical sources of law makes the production circuits of the financial legislation quite singular compared to the classical presentation of the sources. Thus, financial law reveals an adaptation process of the creation of the law in order to take account of the characteristics of the object it regulates. This singularity demonstrates the need for arranging the classical presentation of the theory of the sources and brings new considerations on the recasting of the general theory of the sources
Cammas, Geneviève. "La couverture du risque financier international et l'intermédiation financière : l'émergence nécessaire d'un nouveau droit financier." Nice, 1995. http://www.theses.fr/1995NICE0035.
Full textThe privatisation of international trade and investment operations covering and financing systems reflects the fact that the market transfers orienting power to the advantage of private powerful financial institutions. Law, which follows a competitive production logic, seems to be a regulator in social relationships within an international environment
Poulle, Jean-Baptiste. "Le principe "se conformer ou expliquer" en droit boursier." Paris 1, 2010. http://www.theses.fr/2010PA010323.
Full textAndriot, Leboeuf Nadia. "La déontologie des activités financières." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10184.
Full textLenhof, Jean-Baptiste. "L'adhésion aux règles d'un marché : aspects de droit interne des marchés financiers." Caen, 2002. http://www.theses.fr/2002CAEN0064.
Full textPailler, Pauline. "La notion d'instrument financier à terme." Paris 1, 2008. http://www.theses.fr/2008PA010307.
Full textLi, 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
Hugou, Brice. "Les marchés financiers de matières premières agricoles à la lumière du droit des contrats." Thesis, Nantes, 2018. http://www.theses.fr/2018NANT2032/document.
Full textFood security requires that each inviduals can obtain food in sufficient quantity and quality. This means that food prices must be neither too high for consumers nor too low for producers. After the food riots that started in 2008 following the increase of food prices, many concerns have been expressed about the impact of financial makets toward this rise. In order to shred some light on this issue from a legal point of view, this work aims to review differents aspects of the developpment and functionning of financial markets. Special attention will be given to the contracts which are used to into financial opérations Indeed, the legislator reunited all of the various financial contracts under the same legal qualification, without regards for their underlying. However, non financial commodities are different from financial commodities as they can lead to a physical delivery, and be regarded as commercial transactions or financial operations. Thus, they should get an autonomous legal status
Muller, Anne-Catherine. "Droit des marchés financiers et droit des contrats." Paris 2, 2001. http://www.theses.fr/2001PA020063.
Full textRavillard, Patrick. "La Répression des infractions douanières dans le cadre du grand marché intérieur : étude en droit communautaire et droit comparé." Paris 1, 1991. http://www.theses.fr/1991PA010287.
Full textToday the customs law is essentially of a communautary descent. Howener, the penalty of the breaking of this law falls within the national competence. This situation is not satisfactory in the outlook of the great internal market. With the abolition of internal frontiers, this situations may cause deflections of trade and distortions of competition. In order to remedy this situation, a double action has to be undertaken, first of all, an action with to resulting in a coherent repression, that is to say in a sufficient harmonization of national customs penalties, in the light of the european court of justice cases and the international actions. Then, an action with a view to resulting in an effective repression, that is to say in a reinforcement of judiciary co-operation between the twelve member states, considering the limits of mutual administrative assistance and the experience acquired in the international field
Simon, François-Luc. "Le juge et les autorités du marché boursier." Paris 2, 2000. http://www.theses.fr/2000PA020121.
Full textIranpour, Farhad. "Droit applicable au fonctionnement des sociétés commerciales." Nice, 1999. http://www.theses.fr/1999NICE0024.
Full textCommercial companies are inescapable instruments of the modern capitalistic regime. The importance of commercial companies has especially demonstrated in their developments, by the international expansion of theirs social activity. The development of commercial companies on the international plan, produce the original problem that having their sources in the determination of the applicable law to the functioning of the company in a broad sense of the term : administrative and financial aspect of the functioning of the company. Indeed, the commercial company is essentially an economic entity whose good functioning demands an appropriate financial power. More, it is an organised economic entity since the surviving of the commercial company necessitates an efficient and punctual organisation. The originality of these problems on the international plan confers them a undeniable interest of the viewpoint of the juridical speculation. It allows in the first place, to verify the position of french law about the functioning of the commercial company and to analyse then the part of the principles of the conflict of laws and, to see if the application of the law of the head office : la lex societatis suffers exceptions, or well if this principle erases ahead the attraction of "lex mercatoria". The necessity of maintain the permanence and the unity of the juridical status of the company, confer to the law of the head office : la lex societatis, an area of application extra-territorial. But this principle of extra-territorialist must be limited in the interest of thirds. The protection of thirds party limit the extra-territorial status of the commercial company. This limitation is according to the reality of trade international that tends to protect the interest of thirds and to insure the security in the international trade on the one hand, and to safeguard the good functioning of operators of the international tradeon the other hand. In this study, we will demonstrate this contemporary tendency that consists in conciliate needs of the trade by conferring to the company an extra-territorial status, and the necessity of the protection of the interest of thirds in commercial relationships that translated in the territorialism or in the universalism "lex mercatoria". This conciliation dominates the study of the different conflicts of laws that make born the various aspec of the functioning of the company, conflicts whose examination will be distributed in two devoted parts to "the applicable law of the financial aspect of the functioning of the commercial company and to the applicable law to the administrative aspect of the functioning of the commercial company"
Méadel, Juliette. "Les marchés financiers et l'ordre public." Paris 2, 2005. http://www.theses.fr/2005PA020097.
Full textPapathanassopoulos, Athanassios. "Les obligations des prestataires de services d'investissement." Reims, 2003. http://www.theses.fr/2003REIMD002.
Full textContemporary financial law enforces on financial intermediaries a multitude of obligations steming from deontology and soft law regulation processes, in the United Kingdom but also on european and international level. The present research examines the nature and content of financial obligations, the investor's rights and the importance of these obligations for the progress of the financial sector
Allen, Gretchen. "Qualification de la restriction de concurrence en droit antitrust comparé : à la recherche du standard perdu." Paris 5, 2011. http://www.theses.fr/2011PA05D015.
Full textAntitrust law, originally intended to contain the development of trusts following the industrial revolution in the United States, was for nearly a century the only system of competition law, and of limited scope: covering only cartels, abusive monopolization and anticompetitive mergers. Today, over 100 jurisdictions have adopted antitrust laws, and the scope has been widened to include other areas of competition, in which all of the anti-competitive practices covered concern restraints on competition. Even though markets are now globalized, antitrust laws remain national. In this context, restraints on competition are difficult to qualify given the ambiguity of their legal and economic definitions. The debate between standards and rules in this field is not new. However, absent international antitrust laws, it is posited that a standard qualifying restraints on competition is better adapted to the multiplicity of jurisdictions treating similar restraints. Given their longevity, the comparison of American and European antitrust laws lays the foundation enabling the formulation of the diverse standards or rules. To this end, the substance of the qualifying standard of restraint on trade is analyzed in each system: a legislative standard under the law of the United States; a "constitutional" standard, in European Union Law (Part One). Only then is it possible to address the application of these standards and to observe any modifications induced by the evolution of economic theory. This brings the author to propose a renovated standard, which integrates not only substantial law, but also clarifies the standard of proof of restraints on competition in a global context (Part Two)
Bonfils, Sébastien. "Le droit des obligations dans l'intermédiation financière." Paris 2, 2004. http://www.theses.fr/2004PA020039.
Full textTehrani, Adrien. "Les investisseurs protégés en droit financier." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020039.
Full textIn financial law, the conception of “protected investors” appears to reveal many uncertainties while at the same time, investor protection measures are numerous. This raises a number of questions. The first part of this research shows that there is a need to clarify this conception. Such a need results mainly from the detailed description of existing uncertainties and their negative consequences on investor protection objective and measures. These difficulties, which are about the concept of investor, the logic of the protection and its criteria, are a source of legal uncertainty. As a result, the quality of the protection is undermined in many different ways. The second part of this research is an attempt to clarify these points. It focuses on the legal concept of investor and on investor protection policy. The idea is to amend the legislative part of the French Monetary and Financial Code to introduce a definition of the word « investor », which relies on the suggestion that an investor should have legal personality and that there should be an act of investment. The legal definition suggested for the concept of “act of investment” also helps to draw distinctions between the legal concept of investor on the one hand, and those of shareholder, client and consumer, on the other hand. The investor protection policy which is then described lies on grounds that may look familiar, but to state them more precisely appears to be useful. For this policy to be fully implemented, and taking into account the definitions or amendments brought to the categories of “investor” and of “qualified investor”, a new legal category of actors in the financial markets needs to be elaborated
Bologna, Francesca. "Les pactes d'actionnaires en droit international privé." Paris 2, 2009. http://www.theses.fr/2009PA020020.
Full textRobinson-Brocheton, María de las Mercedes. "Accords verticaux de concurrence en droit comparé franco-argentin et communautaire." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10007.
Full textVertical agreements mostly correspond to single branding, exclusive distribution, exclusive purchase, selective distribution, franchising and concession. Although their variety is large, most of the time they constitute competition agreements because they increase inter-brand competition. The main aim of this study is to look for and to analyse the assessment criteria of distribution vertical agreements in French, European and Argentine Competition Laws. In European Competition Law, an important set of regulations and a rich case-law exist concerning distribution agreements. The rules concerning vertical agreements have been reformed ; as a consequence of this reform, a new Block Exemption Regulation (Regulation No 330/2010) has been adopted and accompanied by new Guidelines on Vertical Restraints. Lots of vertical agreements also benefit from Block Exemption which confers them a presumption of legality and in case these agreements do not benefit from the Block Exemption Regulation, they still can be exempted on the condition that a positive economic balance should be established, notably in view of efficiency gains. Unlike European Competition Law, the Argentine Competition Law concerning vertical agreements has not adopted Block Exemption Regulation and the Argentine competition authorities analyse each agreement in the light of the Rule of Reason and analyse their impact on the general economic interest
Bouajila, Walid. "L'opération de négociation des valeurs mobilières sur un marché réglementé : étude comparée du droit tunisien et du droit français." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1002.
Full textThe operation of negotiation on a market regulated by securities corresponds to an original sale of the good(property) furnish(fill) which presents a lot of peculiarity because it calls on to several mechanisms. This operation is based on the intervention of the specialized intermediaries, and it starts by a stock market order. The financial legislation always tries to guarantee the safety(security) and the transparency of this operation. The study of the operation in a frame(executive) compared between the French law and the right(straight) Tunisian showed that it's time that the Tunisian legislator intervenes to integrate(join) notions and essential standards in materials(subjects) which allow the Tunisian financial center to align themselves with the international rules(rulers)
Louis, Jean-Marc. "Le principe d'égalité en droit des affaires." Paris 1, 1998. http://www.theses.fr/1998PA010277.
Full textEquality is a fundamental principle of justice. In business law, equality appears in the traditional form of equality of treatment and the more modem form, equality of opportunity. The market concept influences legal perceptions which are viewed from a competitive angle. Ensuring effective competition which respects the equality of all of the parties has given way to new pretorian approaches, such as contestable makets ; essential facilities ; or predatory pricing. The alternative to the market would be the constitution of a business entity, which, when listed on the stock exchange, would tend to ensure that competition among members of the financial markets or adopting an adequate means of stock pricing would provide equal valuation to stockholders. More generally, equality constitutes a structural principal of business law whichi calls for unity. Its many applications prove hat the principle is not an abstract ideal, but a reality whichi needs to be acknowledged
Bismuth, Régis. "La coopération internationale des autorités de régulation du secteur financier et le droit international public." Paris 1, 2009. http://www.theses.fr/2009PA010257.
Full textGnimpieba, Tonnang Édouard. "Droit matériel et intégration sous-régionale en Afrique centrale : contribution à l'études des mutations récentes du marché intérieur et du droit de la concurrence CEMAC." Nice, 2004. https://tel.archives-ouvertes.fr/tel-00441405.
Full textPietrancosta, Alain. "Le droit des sociétés sous l'effet des impératifs financiers et boursiers." Paris 1, 1999. http://www.theses.fr/1999PA010267.
Full textMoreira, Brandao Elisio. "L'information comptable et financière publiée par les entreprises et le marché financier : une analyse économique de la réglementation." Paris 9, 1988. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1988PA090025.
Full textBraza, Sarah. "Les règles de bonne conduite en droit financier." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD071.
Full textIn recent years financial legislation, was enriched by the rules of good behavior in order to respond to successive financial crises. For many, the rules of conduct contributed to the increase in criminal litigation at the expense of investment service providers. Nevertheless, it was more of a will of the legislature to balance the contractual relationship between the financial professional and unprofessional through various obligations, pursuing a goal of transparency. Indeed transparency allows contractors to have confidence in financial markets. Trust is fundamental on financial legislation, as if no one will invest in financial markets. To this end, the rules of conduct palliate the crisis of confidence of investors through information to variable degree requirements. Thus the information required by the rules of conduct allows more transparency and allows investor confidence through the balance of contractual relations