Dissertations / Theses on the topic 'Obligation'
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Valance, P. L. "Obligation de moyens, obligation de resultats en medecine." Nancy 1, 1989. http://www.theses.fr/1989NAN11104.
Full textVolpellière, Yoan. "L'obligation de résultat de l'Administration." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD037/document.
Full textThe obligation of result is a fundamental concept of civil law. Built on doctrinal bases its position in law is areality. Whose main function is to regulate the relationship between a creditor and a debtor, its use has long been the exclusivity of private law. Yet its appearance in administrative law allowed to consider the public entity as debtor.The obligation of result of the Administration, is divided into two categories: the legal obligation and contractual obligation. This is a fundamental legal concept which states that "the question of the existence of two autonomous loans between separate legal orders and a priori independent of the debate on the existence of a certain unity of law, a jus universarum. Independent of its theoretical conceptualization, the obligation of result is a judicial instrument, the legislative character was forged by the courts. This demonstrates use of the aims pursued by the Administration to meet different objectives of public action. These goals differ depending on the qualifications that can be learned from the obligation.The contractual nature of the obligation has effects limited only to the sphere of contract. It's an interesting legal means allowing the Administration to continue its quest for performance. The legal obligation has a singular dimension, as it requires the Administration and comes confer creditors of the obligation genuine rights. The temptation to create a hierarchy between these obligations, the result would be to confirm the supremacy of a legal obligation on the contractual obligation of result. Especially, that the legal requirement appears more restrictive as it arises in a report that is not agreed but imposed on the public entity. This approach is not possible as the concept remains the same in both contexts. The difference therefore atttrait its training conditions. The obligation remains the same link engaging the responsibility of the public person in breach of the determined result
Hoang, Thi Hai Yen. "L'obligation solidaire en droit vietnamien : Réflexions comparatives franco-vietnamiennes sur le droit des obligations." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10008/document.
Full textThe obligation solidaire in French civil law took its origins from Roman law. This law was imported to Colonial Civil Codes of Vietnam, however it was not adopted by the modern civil law of Vietnam. The joint and several obligation presented by the Vietnamese civil law is original. It diverges from the French civil and Romano-Germanic law. The joint and several obligation in Vietnamese private law is functional equivalence to the obligation solidaire in French private law. The main difference is the absence of the secondary effects on the joint and several obligation in Vietnamese civil law. Due to the obligation jointly and severally in French civil law, it has a functional joint and several liability in Vietnamese civil law equivalent. However, if the obligation in solidum in French civil law has both a plurality of sources and a source unit; joint and several liability in Vietnamese civil law recognizes a source unit. The trend of globalization of law and selling reform of contract law in Europe in which France finds itself, provide an opportunity for the joint and several liability in civil law of Vietnam can approach the solidarity of civil law West in general and the French civil law in particular
Dellgren, Peter, and Mattias Larsson. "Collateralized Mortgage Obligation." Thesis, Uppsala University, Department of Business Studies, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-106293.
Full textThis thesis set out to explain the securitization process of subprime mortgages in order to investigate if there exist inherent factors of the process that may have contributed to the recent subprime crisis. A thorough exposition of securitization theory is made together with simulations of how cash flows and credit risks are estimated by the market. We present two inherent factors that possibly have facilitated the exacerbation of the subprime crisis, how the transferring of risk is conducted and the complexity of the product which produce information asymmetry. We also find that the market standard model for estimating risk of Collateralized Mortgage Obligations, the reduced form one factor Gaussian Copula model, has weaknesses that makes the model sensitive to assumptions on the underlying assets. In our analysis we find it ex post puzzling to think that the market had so much confidence in the securitization of subprime mortgage loans to transform originally bad loans to safe investment vehicles.
Finegan, Johanna Goth. "Essays on obligation." Thesis, Massachusetts Institute of Technology, 2007. http://hdl.handle.net/1721.1/41699.
Full textIncludes bibliographical references.
In the first chapter, "Supererogation and Defenses of Modest Moral Demands," I argue that a range of recent approaches to defending the "ordinary morality" view that the demands of morality are fairly modest make it hard to see how there could be any supererogatory acts, and therefore sacrifice one aspect of our intuitive view of morality in an attempt to preserve another. I go on to consider some difficulties in accommodating supererogation that defenders of "ordinary morality" might face more generally. In the second chapter, "Deontological Judgments about Belief," I address the problem of how deontological judgments about belief can ever be true, given that the apparently involuntary nature of belief seems incompatible with the sort of responsibility needed for deontological judgments. I consider and reject arguments which purport to show that we have the right sort of voluntary control over beliefs, as well as arguments which purport to show that considerations of voluntary control are altogether irrelevant to whether deontological judgments about belief can be true. I argue instead that deontological judgments about belief can be true in virtue of our participation in self-deceptive practices, something over which we do have the right kind of control. In the third chapter, "Belief and Commitment" I consider arguments to the effect that we must sometimes violate epistemic norms in order to enjoy the goods of friendship and other social relationships and in order to give those we are in relationship with their due. I raise some worries for such views and then argue that we can enjoy the goods and fulfill the obligations of social relationships without paying such a price, that an alternative attitude, which I call commitment, can get us at least most of the riches of social relationship without the costs of irrational, self-deceived belief.
by Johanna Goth Finegan.
Ph.D.
Robertson, Simon. "Rejecting moral obligation." Thesis, University of St Andrews, 2005. http://hdl.handle.net/10023/13225.
Full textShaw, Joseph. "Authority and obligation : an investigation of the intentional creation of obligation." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.342632.
Full textMeyer, Christophe. "Le système doctrinal des aliments : contribution à la théorie générale de l'obligation alimentaire légale." Paris 10, 2003. http://www.theses.fr/2003PA100159.
Full textHistorians of national lega1 systems are often, by and large, balkanized. They study, explain. And trace the history of their own legal systems ; and though they may speak about learned law, it's only with a cursory nod in the direction of the Jus commune. An approach method of this kind cannot be appropriated for such a question as the alimenta ex lege. Actually, every contemporary legal system knows a maintenance institution, with quite the same structure. Not only for those legislations with strong roman tradition, like the French one, but also in common law and even in the former and actual socialist systems. This study will show that the legal duty of maintenance is in fact moved by the essential idea of an interpretation of the debt in fovorem : in favour of the existence of the debt, of it's execution or of the fastness of the execution. This consideration could explain most part of the very special characters of this institution. The same way that it could explain why the modern doctrine remains quite confused when it deals with this institution. It seams that the modern lawyers misunderstood the meaning of maintenance, because they misread the leaned law treaties and mingled the roman obligatio naturalis of maintenance with a modern civilian obligation
Sjölander, Johansson Jakob Andreas. "”Obligation”, ”Ought” and ”Can”." Thesis, Umeå universitet, Institutionen för idé- och samhällsstudier, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-179014.
Full textDen här uppsatsen kritiserar den berömda “”bör” implicerar “kan””-principen, (här tolkad som “konceptuell implikation), på så vis att principens viktigaste punkt är falsk, nämligen idén att det inte kan finnas några ouppnåbara plikter. Uppsatsens första del undersöker användningen, historien och litteraturen bakom ämnet, samt formuleringen av principen. Den andra delen presenterar huvudargumentet, riktat mot ””bör” implicerar ”kan”” som en konceptuell sanning. Argumentet fungerar på så vis att det måste vara möjligt att dela upp meningen i termen ”borde/bör” i komponenter, komponenter som måste vara kapabla att fungera även på egen hand. Resultatet blir att vi inte kan dra slutsatsen att en del av termen måste försvinna (såsom dess moraliska innehåll) bara för att en annan del av termen (såsom ”kan”) gör det. Slutligen, i den tredje delen, så behandlar vi några vanliga argument och intuition som förs fram till principens försvar, och summerar texten.
Clement, Nicolas. "Contribution à la pensée juridique des sources d'obligation : Etude de doctrine à l'heure de la réforme du Code civil." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAA006.
Full textThe bicentenary of the french civil Code was the occasion for an assessment ; with the reform of the french civil Code it’s time to look ahead to the prospects. From that point of view, one of the major preoccupations should be the definition of the sources of obligations, which determines the implementation of the new law of obligations. This assertion can be surprising. It is often suggested that the reform mostly provides continuity and that there are no other notions as known as contract, quasi-contract, civil liability or commitment by unilateral will. Yet, how can we fail to see that this impression of an unwavering consistency could be an effect of the new provisions’ shadows ?This work aims to take advantage of the gap of the reform to come back to our doctrines. Unlike practitioner, who fears instability, theoretician is not afraid by the motions of the law, which provide him to consider their background. The study of the evolutions implied by the law of obligations’ reform, conducted through an historical and systematic lens, will thus reveal, at the level of each source and at the conjunction of all, significant upheavals which would probably require to think about the law of obligations differently that we used to do
Fessard, Brunelle. "Les obligations non matérialisées dans les contrats." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD010/document.
Full textThe analysis of practice and of case-law shows that, independent of the existence or not of a legal instrument, certain obligations the contents of which have not been made in writing and which do not fall under the category of imposed obligations are binding on the parties. The identification of a double condition of qualification shows the existence of a specific obligational category which, not having been envisaged as such by positive law, calls for analysis.The analysis of their exteriorisation proves to be necessary in order to understand not only the way they function but also the foundations of their enforceability. Some, qualified as non-materialized obligations by explicit reference, are identified by the stipulation, by the parties, of a clause by reference in the instrumentum which expressly refers to their enforceability. If their binding nature is, therefore, justified by the binding nature of the contract in which the contractual stipulation is provided, the contents binding vis-à-vis the contractual relationship is not, however, transcribed in the main instrument in writing. The others, qualified as non-materialized obligations by implicit reference, are those which are binding on the contracting parties without the latter justifying any explicit wish to comply with them. If this definition is similar to that of imposed obligations in that they are not necessarily expressly bound to the common intention of the parties, these non-materialized obligations can be distinguished by their foundation. Whereas imposed obligations are justified by the letter or the carrying out of a legal provision, non-materialized obligations by implicit reference can be explained by the notion of utility. The revelation of non-materialized obligations in contracts can be linked to a practical interest as, at the end of this process, a certain visibility concerning their effects enables both the shortcomings caused by their binding nature and hence the seemingly appropriate solutions to apply to be identified. The nature and the importance of the difficulties revealed justify, therefore, the necessity of setting up legal treatment, but also, of identifying the elements indispensable to find a proposition adapted to them. It can be seen that the insufficiencies related to the binding nature of non-materialized obligations are not specific to them in that they can, because of their general nature, be found in other contractual situations. The ways of treating this put forward in this study can therefore be applied to all contractual matters
Conan, Matthieu. "La non-obligation de dépenser /." Paris : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/388949430.pdf.
Full textConan, Matthieu. "La non-obligation de dépenser." Paris 10, 1992. http://www.theses.fr/1992PA100097.
Full textThis work sheds a new light on an issue usually presented as deriving from classic treasury rules. Some authors go as far as considering that the non-obligation to spend allocated budgets is a general principle of budgetary law. Others use this principle to give substance to new budgetary adjustment techniques which have appeared in the last decade. These diverging opinions nonetheless define a right to retain public spending, thereby leading to cancellation of fund allocations during or at the end- of a given fiscal year. This non-obligation is a feature of modern budgetary practice. It demonstrates a degree of economic intervention as well as a general trend toward wealth redistribution. During the last century, no such freedom existed; it appeared mainly under the influence of Jeze and Laferriere ca. 1910-1912. This non-obligation can hardly be construed as a general principle, nor indeed can it apply to all categories of spending (e. G. Debt servicing, government budget continuity). Any instance of non-spending should not be construed as an application of this right to refrain from spending. As early as the nineteenth century, credits have been cancelled simply in view of their amount. Nowadays, credits can be cancelled for the purpose of regulating cashflow. This prerogative, originally one enjoyed by each minister for organic reasons, is progressively taken up by the exchequer and even more, by the prime minister, who now have assumed powers quite beyond the scope of the ordinance of 2 january 1959
Ophèle, Claude. "L'exécution anticipée d'une obligation contractuelle." Tours, 1993. http://www.theses.fr/1993TOUR1009.
Full textThis thesis aims to study how anticipation is a way to execute a contractual obligation, i. E. A payment. Beyond the heterogeneity of the solutions taken up by the law, a real consistency emerges. Refering to various contracts (such as loan, guarantee, letter of credit, building contracts) the thesis proposes a review of the law related to the anticipatory execution. Anticipatory execution is accepted (part one) when the interest of one of the contracting parties, either the creditor imposing the anticipation to the debtor, of the debtor deciding to advance his payment, prevails over the date of execution. On the other hand, anticipatory execution is actually rejected (part two) only when it is required by the protection of a debtor, especialy when he is a consumer
Nykiel, Jerzy. "Expressing obligation in Old English." Doctoral thesis, Katowice : Uniwersytet Śląski, 2007. http://hdl.handle.net/20.500.12128/4949.
Full textHuet, Virginie. "L' obligation d'information du patient." Montpellier 1, 2004. http://www.theses.fr/2004MON10058.
Full textTan, Kok Chor Carleton University Dissertation Philosophy. "Humanitarian intervention: permissibility and obligation." Ottawa, 1994.
Find full textIslam, Syed Sajidul. "The Concept of moral obligation." Thesis, University of North Bengal, 1998. http://hdl.handle.net/123456789/68.
Full textHarati, Mostafa. "La théorie générale de l'obligation naturelle et ses rapports avec le droit positif." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10054.
Full textThe natural obligation is often in the news. This beautiful stranger contract law is derived from Roman law and French civil code does not define its true nature. This legal uncertainty is also continued in the search for the perpetrators. It would be special in this regard that the stress of the debtor to perform his duty would not be possible but its achievement is recognized by the impossibility of repetition. This makes the natural obligation different from the civil obligation, especially because the creditor is provided with the power of coercion. It seems that there is the area of law and morality in a quasi-judicial capacity. This is referred to define a system of natural obligation in current French law
Yu, Bo. "Les obligations des intermédiaires de l'Internet en matière de propriété intellectuelle en Chine." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1014.
Full textIntellectual property is one of fundamental rights. By developing and applying the objective value order theory, the internet intermediaries should assume the obligation to actively protect the intellectual property. Meanwhile, as shared obligations distributed among the government, the right holder, the internet intermediaries, and the user, the active obligation of IP protection that the internet intermediaries can carry out is limited. In order to insure the moderation of obligation, it would be preferable to respect the pertinent legal and economic principles, and distinguish the target of dissemination, the business model, and the profit factor in choosing the type of obligations. It should be noted that this active protection would not be accomplished only through a unique obligation. It should articulate several types of obligation, including but not limited to filtering obligation. These obligations, all together, form an obligation system which enables internet intermediaries to actively protect intellectual property
Celerien, Laurence. "Les obligations alimentaires apres divorce en droit international prive." Lyon 3, 1999. http://www.theses.fr/1999LYO33017.
Full textHocquet-Berg, Sophie. "Obligation de moyens ou obligation de résultat ? : à propos de la responsabilité civile du médecin." Paris 12, 1995. http://www.theses.fr/1995PA122004.
Full textAs for the medical responsability, law has merely changed since the famous mercier case on may 20, 1936. However, medecine has become more efficient, more technical, and also more dangerous, less humane. This evolution must lead us to rethink the law regarding the medical responsability, by examining the doctor's result. Sometimes, he uses an uncertain medecine to try to make an operation succeed. Therefore, the principle of the fault seems to be right. However, the successful result of a medical operation is highly probable either because the operation is frequent, or lawful only because the risks are minimized. The presumption of fault must then be reinforced. Sometimes, a doctor makes more technical tasks, by which he tries to preserve his patient's safety. The result is not subjet to an irreducible medical hazard. A right to preserve a patient's safety must be recognized, obliging the doctor to get a positive result, without causing the patient further harm which is not associated to his initial sickness
Demont, Bruno. "L'aléa dans le contrat d'assurance." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020112.
Full textHazard is well known for being at the heart of the insurance contract. Nonetheless, it does not stop raising questions about its precise role and raison d’être. Firstly, the debate deals with the qualification of contemporary forms of life insurance; Mecca of doctrinal controversy for years, it still remains topical in spite of the impressive number of studies. Meanwhile, contingency is of intense interest in civil contract law, as well as subject to recent seminars and latest books. More than ever, the notions of insurance contract and of aleatory contract appear as being the “core” issues of a controversy which keeps going well, because the debate may be limited by the idea that a contract is necessarily an act that creates obligations. Thus, the imbalance between the parties’ obligations - characteristic of aleatory contracts – is often highlighted before questioning its existence in the insurance contract. However, it may be wondered as whether to know if such an “obligational” approach of the contract is truly relevant. On the contrary, shouldn’t we consider the effects of the contract through a wider point of view, in order to admit – legally – a quite common idea in everyday language: the transfer of risk? Unlike the obligational approach which is solely focused on the performances of both parties (premium paid by the taker; compensation paid out of the claim or even risk covered by the insurer), that “real” approach would be more focused on the risk that is transferred between the contracting parties. Such a real approach, which seems to be highly more attractive than the obligational one, would offer - among others - a different perspective within the debate that is inherent to the contemporary forms of life insurance
Dittmer, Joel P. "Placement of special obligation in morality." Diss., Columbia, Mo. : University of Missouri-Columbia, 2005. http://hdl.handle.net/10355/5839.
Full textThe entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file viewed on (January 23, 2006) Includes bibliographical references.
Fisk, John Bernard. "Mutual obligation work for the dole /." Title page, table of contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09AR/09arf538.pdf.
Full textHayes, Lynn. "Young people, the family and obligation." Thesis, Lancaster University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.316264.
Full textShackel, Nicholas. "On the obligation to be rational." Thesis, University of Nottingham, 2004. http://eprints.nottingham.ac.uk/12984/.
Full textKamath, Roshan. "Type-Safety Obligation Generation in Rosetta." University of Cincinnati / OhioLINK, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1026494806.
Full textSwift, Andrew Michael. "Hobbes's secular command theory of obligation /." The Ohio State University, 1990. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487681788253203.
Full textRosler, Andrés. "Political authority and obligation in Aristotle /." Oxford : Clarendon press, 2005. http://catalogue.bnf.fr/ark:/12148/cb39905329x.
Full textCollins, Brian. "A utilitarian account of political obligation." Diss., University of Iowa, 2014. https://ir.uiowa.edu/etd/1307.
Full textRICO, ALESSANDRO. "A Conservative Theory of Political Obligation." Doctoral thesis, Luiss Guido Carli, 2019. http://hdl.handle.net/11385/201061.
Full textQuin, Annabel. "L'aménagement conventionnel de l'inexécution des obligations contractuelles : la compensation d'une obligation par une autre en cas d'inexécution." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32007.
Full textGernez, Véronique. "Incidences fiscales et sociales de la charge alimentaire d'autrui." Lille 2, 1999. http://www.theses.fr/1999LIL20014.
Full textThis thesis takes an inventory of the conjunction between a concept of private law, the maintenance obligation, a fact notion, the food contribution of others, and two disciplines of public law, the tax law and the social law. It illustrates how solutions of the private law and of the public law interact and contribute to modify the content and the type of the various kinds of solidarity recognised by the positive law. It observes that the maintenance obligation has become rigorous towards its debtors, that the assistance duty has lost its substance but it has been replaced by mutual aid behaviours in ancestral and descending line of different nature. It noticed that the public law does not make any distinction between consequences of conjugal mutual aid and those of the general state of a married person, that it creates in the coupl life an implicit solidarity, that those teachings of the public law are the emergence evidence of a new conception of mutual aid between partners, which would go out the field of maintenance obligations in order to become a more moral than material concept doubled with the recognition of an equality right in the standard of living. It wishes the establishment from the civil law of a solidarity bound to cohabitation based or not on carnal relations. It deplores the tendency of the public law to limit its intervention to a substitution to private solidarity that are non-existent or declining, orientation that has contributed to discourage individuals to contract or to implement these kinds of solidarity. It proposes to unify the maintenance private and public laws and to reconcile the family and collective solidarity, which will contribute to restore the social tie
Renucci, Antoine. "Le banquier et le Data Protection Officer (DPO). D'une obligation d'information et de conseil à une obligation d'assistance." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0009.
Full textThe parallel between banking and data protection officer activities is particularly interesting regarding the obligation to provide information and advice, a concept which is undergoing a major change. Our thesis is that this obligation evolves concomitantly for these two professionals but, in the end, takes a different way. In both cases, this obligation tends to become an obligation of assistance of a different nature : in its classical form, the banker has the obligation to provide a passive assistance, but in its current form, the assistance provided by the DPO, is active. This divergence is explained by the difference of needs and logic. In the case of the Banker, the business logic prevails and he can’t interfere. On the other hand, in the case of the Data Protection Officer (DPO), the protection prevails, especially the data protection, which justifies and even imposes his action. It is therefore logical that assistance provided should be passive in one case and active in the other
Mercure, Suzanne. "Secrets commerciaux et obligation civile de confidentialité." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ55779.pdf.
Full textPokross, Amy Elizabeth Hargrove Eugene C. "The American community college's obligation to democracy." [Denton, Tex.] : University of North Texas, 2007. http://digital.library.unt.edu/permalink/meta-dc-5129.
Full textEinaudi, Tania. "L' obligation d'informer dans le procès administratif /." Paris : LGDJ, 2002. http://www.gbv.de/dms/sbb-berlin/354300474.pdf.
Full textMeckled-Garcia, Saladin. "Membership, obligation and legitimacy : an expressivist account." Thesis, University College London (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287995.
Full textBuckland, Sandra. "Political obligation, citizenship and the just war." Thesis, University of Bristol, 1998. http://hdl.handle.net/1983/2ee389ef-faa1-4b31-bc55-c3e2acf4b636.
Full textHosseini, Nouchine. "L' obligation de restituer la chose d'autrui." Paris 2, 1990. http://www.theses.fr/1990PA020022.
Full textGuiavarc'h, Gweltaz. "Abstention et obligation d'agir en droit public." Rennes 1, 1995. http://www.theses.fr/1995REN11020.
Full textThe administrative action can be easily stated without knowing however its situation as for its initiative. It has been therefore conducted the study of action abstentions and obligations which can result from their contentions. The research has been guided from the different powers of administratives authorities, abstentioins and responsability contentious
Reifegerste, Stephan. "Pour une obligation de minimiser le dommage." Paris 1, 1999. http://www.theses.fr/1999PA010261.
Full textPokross, Amy Elizabeth. "The American Community College's Obligation to Democracy." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc5129/.
Full textReifegerste, Stéphan. "Pour une obligation de minimiser le dommage /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, PUAM, Faculté de droit et de science politique, 2002. http://catalogue.bnf.fr/ark:/12148/cb38951290n.
Full textCarlsvärd, Isabella. "Crimes against Humanity : The Obligation to Prevent." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76524.
Full textBrunetti-Pons, Clotilde. "L'obligation de conservation en droit civil français." Paris 2, 1992. http://www.theses.fr/1992PA020018.
Full textThe obligation of conservation finds its legal bases in paragraph 1137 of the french civil code. It obliges its debtor to maintain in good estate a single tangible property (care, survey(, on a third party's account. The obligation of conservation is diversified in its material application (deposit, plefge, usufruct, saile, payment made by mistake, trusteeschip etc. . . ). It is nevertheless an unitari legal concept. Of an accessoire nature, the obligation of conservation remains however autonomus regarding the obligations of which it represents the prolongation (obligations to give and restitute). It obeys the rules of the liability out of contract based on a fault
Abudafair, Elhadi Abdallah Idris. "Obligation to deliver the goods and other relevant obligations under CSIG, Sale of Goods Act 1979 and Islamic Law." Thesis, Glasgow Caledonian University, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.726795.
Full textChwaikani, Rola. "Les obligations du médecin dans le contrat médical, étude comparée entre le droit français et le droit libanais." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G007.
Full textSince 1936 French courts acknowledged the presence of a contract between patient and physician. The obligation to treat was the determinant aspect in this binding document. The main goal was to ensure a balanced relationship between the physician and his patient and an efficient treatment services, therefore, other obligations had to be enforced by the Supreme Court to guarantee an efficient system in an evolving society. In 2002, security and information became an added legal bond between patient and doctor in France. Despite being mush needed, these innovations did not create the same positive echo inside the Lebanese legal system. On this matter, a law detailing the obligation of security is absent, physicians must only answer to ethical codes regarding the medical treatment of their patients. Progress was made in February 2004 with the n° 574 patient’s rights and consent law. Nonetheless, mirroring the French legal system with a new reform on this subject comes with a great value, and will give the Lebanese professional and his patient a new solid ground capable of coping with the evolution of our society
Nemtchenko, Dimitri. "Le droit des sûretés au prisme de la faute : Contribution à l'analyse de la notion de sûreté." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0777/document.
Full textThe relations between guarantee creditors and debtors are sensitive ones. The importance of the secured transaction, added to the unbalance of the guarantee explains the abundant litigation in this field. These relations are sometimes disturbed by the commission of a fault: the purpose of this thesis is to study this type of fault.The definitions of fault and guarantee have obligation as a common feature. A fault is an obligation breach, a guarantee protects the performance of an obligation. Thus, obligation appears to be a useful tool to analyze guilty behaviours in secured credit law. Moreover, obligation turns out to be the basis of guarantee: every credit guarantee is to be explained in reference to this element.As a matter of fact, the obligation can be broken down in two links. The obligatory link is about the benefit and the creditor’s enforcement power; the obligation link corresponds to the person subjugation, the behavioural requirements that he musts respect. Only this second link is systematically generated by a guarantee: the parties must essentially comply with the aim of the transaction. The obligatory link is the final prospect: the benefit, which a guarantee was established to protect.Nevertheless, the fault doesn’t manifest itself unitarily when it hinders a guarantee. The fault of the debtor is an alteration of the creditor’s additional opportunity to be paid. The fault of the creditor can be an alteration of debtor’s ability to refund or a violation of his estate, whether it is a personal safety or a property right securing payment.Eventually, it is regarding the guarantee concept that the analysis of fault reveals its interests. This analysis is an opportunity to suggest a definition of guarantee, to propose some elements in order to rationalise secured credit law but also to reduce fault occurrences and some of their deleterious effects.STAR