Dissertations / Theses on the topic 'Patrimonalisation de l'acte administratif'
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Carlucci, Sarah. "La trasferibilità delle autorizzazioni e concessioni amministrative." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0140.
Full textThe research aims to investigate the problems relating to the transfer of administrative acts between private subjects, especially with attention to activities related to health services, where it is difficult to find a balance between conflicting interests,The subjective change in the legal relationship between the Public Administration and the holder of the administrative act, which is replaced by a new beneficiary, must be read as a legal act ontologically linked to the contextual transfer, inter vivos or mortis causa, of the subjective legal situation that justifies the legitimate interest in being the holder of the favorable administrative act. Indeed, the transfer of a commercial activity loses its legal, economic and social significance if the buyer or the universal successor cannot benefit from the administrative act necessary to effectively carry out the activity. But, if the private subject is clearly in favor of a free transferability of the administrative act, it is also necessary to take into account the public interests protected by the administrative act, interests present both at the time of issue of the act and at the moment of the transfer of the authorized activity.Currently, administrative jurisprudence continues to consider administrative acts as strictly personal, stating that it is not possible to transfer an administrative act to a new beneficiary because it is issued in consideration of the person who benefits from it. However, if it is clear that we cannot speak of the transferability of those administrative acts that depend on strictly individual qualities, there seems to be no valid obstacle to the transfer of an act issued exclusively or mainly by reason of the objective activity to which it refers. The transferability of an administrative act in which the economic potential and the presence of technical prerequisites are more important than personal qualities could therefore be recognized, without threatening the public interest, which remains protected by the fact that the transfer of the administrative act is not a simple marketing between private subjects, but it is a legal act that can exercise its effects after issuing a specific authorization by the competent public administration. This administrative intervention is read by the jurisprudence as the issue of a new authorization but we believe that it must be interpreted and regulated as a preventive check only of the subjective elements required by law, because if there is a contextual transfer of the commercial company, such as an organization of resources, the compliance of the activity with the qualitative and quantitative criteria predetermined by the public administration has already been verified at the time of the issue of the administrative act : it would rather be necessary to subject the activity to subsequent periodic effective checks carried out by the competent administrations, aimed at verifying the compliance with the conditions set out in the transferred administrative act.Transfers of administrative acts are operations that involve significant legal risk, which should be understood and analyzed to best manage it. The aim of the research is to examine whether there are general and common criteria that can be used to solve theoretical and practical problems related to the transfer of administrative acts, with reference to private commercial activities and public service activities
Mboup, Ibrahim. "L'unilatéralité de l'acte administratif unilatéral décisoire." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32079.
Full textOne-sided act decision expresses a binary unilaterality in its origin and destination. In its first simple meaning of one-sided act, excepting its normativeness, the act does not correspond every time to a straight choice result. The process to its legal birth is generally punctuated by several interventions, mark of its production control necessary elements partition between several persons, institutions or authorities. These elements allocation between several sides takes to questions of the act nature. If this one remains one-sided nature, because it comes to legal life only by the effect of one will’s expression, and remains so in spite of several wills compulsory to its production, it’s only because of a formal neutralization from moral person unity principle. In its decision meaning, the act symbolizes administrative law exorbitance. No matter what it allows administration by itself to enforce obligations to a third party, in no way involved by adoption-act step, a close examination of such a power shows that it’s firstly a competence. By the way, this power is for administration itself an obligation, meaning that it expresses a double reality: a power obliging but also obliged. The idea of a privilege is here an illusion
Crouzatier-Durand, Florence. "La fin de l'acte administratif unilatéral /." Paris ; Budapest ; Torino : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb391110247.
Full textRenders, David. "La consolidation législative de l'acte administratif unilatéral /." Bruxelles : Bruylant [u.a.], 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/373496982.pdf.
Full textZaghloul, Mohammed. "La participation des administrés à l'acte administratif unilatéral." Toulouse 1, 1986. http://www.theses.fr/1986TOU10009.
Full textZaghloul, Mohammed. "La Participation des administrés à l'acte administratif unilatéral." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37601977p.
Full textKtistaki, Stavroula. "L'évolution du contrôle juridictionnel des motifs de l'acte administratif." Paris 1, 1990. http://www.theses.fr/1990PA010275.
Full textThe judicial policy in this matter of the reason of administrative act is to include in legality of administrative action the requirement of reasonable and bona fide exercise, as well as the purpose of exercising its power effectively. For however wide are the statutory powers and however extensive is his discretion to act, it is always possible to impose on the administration the duty to act reasonably and effectively according to the social values and his task of protecting the citizen
Dubois, de Carratier Laurent. "Recherches sur la notion d'auteur de l'acte administratif unilatéral." Toulouse 1, 2004. http://www.theses.fr/2004TOU10015.
Full textThe notion of "unilateral administrative act author" is familiar to the jurist. Present in administrative litterature as well as in judicial decisions, this notion is too often reduced to administrative authorities competence. Actually the notion concerns the elaboration and the application of the administrative act
Vaiter-Romain, Nathalie. "L'acte administratif unilatéral : retour sur les tentatives de conceptualisation." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2010.
Full textSummary not transmitted
Ktistaki, Stavroula. "L'évolution du contrôle juridictionnel des motifs de l'acte administratif /." Paris : Librairie générale de droit et de jurisprudence, 1991. http://catalogue.bnf.fr/ark:/12148/cb35482702h.
Full textThéron, Sophie. "La notion de condition : contribution a l'étude de l'acte administratif." Toulouse 1, 2000. http://www.theses.fr/2000TOU10046.
Full textGirard, Anne-Laure. "La formation historique de la théorie de l'acte administratif unilatéral." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020074.
Full textAt the begining of the 1880’s, the theory of the « Minister-Judge » continues to maintain the partition of the unilateral administrative acts. The methodology of the Doctrine then in use, contributes to scatter the Administration’s decisions and feeds the fragmentation of the rules. It will take about fifty years to overcome this divesity and to forge a general conception of the unilateral administrative act governed by a unified legal system. In order to picture the elaborating process of the unilateral adminstrative act, the Doctrine and the Judge jointly draw in the subjective conceptual collection. Starting from the end of the 19th century onwards, the logical essence of the unilateral administrative act has been revealed by the traditionnal and proven tools of legal science, ie the Will and the Legal Body. However, the emergence of a unified conception of the Act is not the outcome of a servile use of the materials supplied by the classical legal science. While this tool set has been elaborated for a free subject, acting - in most cases - for its own behalf, the administrativists think over the legal activities of men, acting on behalf of collective bodies, without personal will. The specifics of the unilateral administrative act, then require a significant adaptation work. Innovation succeeds tradition in the conceptualisation of the result of the decision process. Contrary to the Judge, the Doctrine, through objectivism development, pushes back the heritage of the civilists and imagines the effect of the unilateral administrative act through an innovative concept : the legal situation. The Doctrine’s ambition to contain subjectivism also leads to the break up with the german theorists of public law who were the first inspiring masters. The theory of heterolimitation of the State, which replaces the doctrine of self limitation, influences over the conception of the authority of unilateral administrative acts
Théron, Sophie Mazères Jean-Arnaud. "La notion de condition : contribution à l'étude de l'acte administratif /." Paris ; Budapest ; Torino : l'Harmattan, 2002. http://catalogue.bnf.fr/ark:/12148/cb388962659.
Full textHautier, Suply Marie. "Essai sur les rapports entre l'acte administratif unilatéral et la durée." Brest, 2010. http://www.theses.fr/2010BRES5001.
Full textStudying the links between duration and unilateral administrative act is a source of reflex ion. Actually, unilateral administrative act is usually considered as an expression of a unique will which is intrinsically determined to be applied and executed juridically by its originator’s will alone. In light of this definition, apprehending the unilateral administrative act in a linear approach comes to consider it with divided aspects that hinders a global understanding. That’s why it s necessary to adopt a new paradigm founded on creative duration that implies a new representation of the unilateral administrative act hinged on change and mobility. This new dynamic vision of the act which then does not only include a succession of acts linearly linked will be on the long term in line in a creative motion. Thereby, this process enables to organize complicated situations generated by the multiplicity of temporalities in which duration turn the act which becomes mobile into an effective and durable act. As a consequence, the act is constantly evolving and remains in reality
Kouadio-Bouadou, Kadiatou. "La lettre administrative et l'acte administratif unilatéral à Abidjan - éthique et esthétique communicationnelles." Phd thesis, Université Jean Monnet - Saint-Etienne, 2010. http://tel.archives-ouvertes.fr/tel-00665941.
Full textPavlopoulos, Procopios. "L'Apport de la notion de directive à la théorie de l'acte administratif unilatéral." Lille : A.N.R.T, 1985. http://catalogue.bnf.fr/ark:/12148/cb36105682d.
Full textEncinas, Verde Francisco. "L'Acte administratif unilatéral dans la loi organique de la procédure non contentieuse vénézuelienne." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb375947259.
Full textKouadio-Bouadou, N'da Kadiatou. "La lettre administrative et l'acte administratif unilatéral à Abidjan - éthique et esthétique communicationnelles." Thesis, Saint-Etienne, 2010. http://www.theses.fr/2010STET2132/document.
Full textBetween the tradition of the writing and that of the orality, the formal writing, in Abidjan, is a writing between two. It is located between two cultures that convey an official language to the status legitimated by the constitution and the local languages from four linguistic groups and which , althought not taught, are commonly practiced by the populations. In such a situation diglossia and contrary to practices in french, wich oral, in francophone Africa, highlight a ownership of the French language by the phenomenon of interference lexical, syntactic and additions or truncations, formal writing appears as a document properly written of points of view syntactic and lexical. However, as in any meeting, the contact of the languages affects the behaviour of language speakers. In the framework of the formal writing, speakers take support on the oral devices, better known and better controlled, to build their writing. This device, characterized by an ethic of otherness which makes the talk an art, is a source of strangeness because of its expulsionof standards of the administrative writing. This strangeness reveals an aesthetic discursive particular. Thus, expression of the linguistic identity, administrative writing is also to perceive as the place of interculturality and, the speaker, a boatman favouring the necessary link between people and cultures
Boumakani, Benjamin. "Le Procédé de l'acte type dans les rapports entre l'Etat et les communes." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37596337p.
Full textBossy-Taleb, Myriam. "Recherche sur la fraude en droit administratif : contribution à l'étude de l'acte obtenu par fraude." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0103.
Full textFraud is a concept that is an integral part of the standards of our society. It is a notion that is related to human nature. Everyone agrees to recognize it as a universal and perpetual phenomenon. In practice, it is found in all branches of law. However, there is no conception of the fraud theory which is specific to the administrative law. Then, our study proposes to apprehend this phenomenon through the administrative act obtained by fraud. As We noticed the notion of fraud appeared late in administrative jurisprudence, the present study was first devoted to clarify its outlines by distinguishing and delimiting other neighboring concepts. A systematic sanctioning principle that allows the administration to revoke the perpetually fraudulent administrative act has been introduced. The nature of the act obtained by fraud has thus been specified
Askia, Mohamed. "L'acte administratif unilatéral en droit public malien : contribution à l'étude de la prise de décision." Toulouse 1, 1992. http://www.theses.fr/1992TOU10009.
Full textClassical administrative science and law have limited decision-making, which, in fact, is only a particular aspect of the study of the unilateral administrative act in rational patterns (conception, deliberation, decision) and of the legal procedures of the elaboration of the act. The heteronomy of malian administrative law implies that the approach in our country should also integrate the decision process. But the processes that are outside the juridical problems stricto sensu lead one to investigate on the actors, their strategies and their powers in the soccio-cultural and institutional environment of the decision, because decisionmaking demands not only the implementation of the acts, but above all, the efficiency of administrative action. The administrative act, in mali, the almost exclusive way of administrative action, the multiple political, economic, social and cultural pressures demand a contextual methological approach of the process; an approach which is innoving on the heuristic level. Key words : unilateral administrative act, decision, process, rationality, power, public law, administration, mali
Mella, Elisabeth. "Contribution à la théorie de l'acte administratif local : étude sur les spécificités des actes unilatéraux décentralisés." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40043.
Full textBartolucci, Mattéo. "L'acte plurilatéral en droit public." Electronic Thesis or Diss., Bordeaux, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218813.
Full textThe notion of plurilateral decision comes from a doctrine imported in France by Leon Duguit at the beginning of the 20th century. Of German origin, this doctrine consists in subsuming all the agreements under a meta-category called “plurilateral decision”, the contract of which is only a subcategory. Along with the unilateral decision, the plurilateral decision constitutes the summa divisio of legal acts. Like the unilateral decision, the plurilateral decision has several categorial subdivisions to wich distinct legal regimes are attached. Faced with the contractual crisis our legal order is going through and the multiplication of pseudo contracts, the concept of plurilateral decision represents a necessary stopgap. Modernized, it thus provides a classification of agreements able to clarify a subject presently faced to some disorder
Abdou, Samy. "L'Acte détachable et le recours pour excès de pouvoir essai d'un critère général d'identification, étude comparée de droit administratif français et égyptien /." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37602053f.
Full textConil, Catherine. "L'acte de puissance publique conditionnel : Contribution à l'étude des conditions d'entrée en vigueur et de retrait des actes unilatéraux de droit public." Paris 2, 2008. http://www.theses.fr/2008PA020001.
Full textAmédro, Jean-François. "Le juge administratif et la séparation des Eglises et de l'Etat sous la IIIe République : un exemple des interactions entre les institutions républicaines et le contrôle juridictionnel de l'administration." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020010/document.
Full textLaw scolars are traditionnally interested in the implementation of the separation of church and state by the administrative courts during the Third Republic. However, a renewal of the classic understanding was possible. While classic studies focus on the contribution of the Conseil d’Etat to the success of the Séparation and the protection of freedom of thought and religion, it is conceivable to study administrative case law from the angle of interactions between republican institutions and judicial review of administration. This methodological framework allows to underline mutual influences between the judiciary and republican institutions in the history of the administrative jurisdiction. Thus, as the Séparation is concerned, case law has played a strategic part in the implementation and enrichment of the principles established by the 9 december 1905 Act, therefore contributing to provide substance to the legal concept of laïcité de l’Etat. In the same time, and especially concerning the case law relating to the administrative regulation of expressions of religious beliefs in the public space, the political and legal context of the Séparation has had a decisive influence on the construction of the republican recours pour excès de pouvoir. This contribution consisted in a modernization of the judicial review techniques and a more accurate control of discretionary powers of the administrative authority. Through the study of the two main aspects of administrative case law relating to the Séparation, this research would like to enlighten the transformation of the traditional imperial-type administrative jurisdiction into a democratic and republican one