Dissertations / Theses on the topic 'Personnes (droit) – Histoire'
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Branlard, Jean-Paul. "Le sexe et l'état des personnes : aspects historique, sociologique et juridique." Paris 2, 1991. http://www.theses.fr/1991PA020053.
Full textSex and sexuality are omnipresent in the law, and particulary in the civil status. You can verify the permanence of the law toward sexuality which -positively- contributes to the institution or to the maintenance of marriage, and descendants, and which -negatively- rises up against the institution and the maintenance of these same things. You can see the law's evolution by the application of the procedure of the sex's transformation where the consequence can be the modification of transsexual's civil status
Schneider, Élisabeth. "La personne dans le droit savant du 12ème au 15ème siècle." Paris 10, 2013. http://www.theses.fr/2013PA100095.
Full textConsidering the incertitude and the confusion about the juridical terminology concerning the person in positive right, it seemed necessary to start a research on the learned law, melting pot of the actual European law, with the aim to understand the misunderstandings about the notion of person in law. Our work tried to rebuild the signs who allowed the medieval jurists to build up a theory on the person in the Middle Ages. Firstly, we established the penetration of the theological definitions of person in canon law and then in civil law. By its generic character adoptable for God, the angels and the men, that of Boetius becomes the reference definition for the theologians but also for the canonists in the Middle Ages and it’s the origin of the definition of the three esse by Alexander of Hales (esse naturale, esse rationale, esse morale), that is the starting point for the contemporary distinction between physical person and moral person. Confronted to some juridical problems to be solved, the medieval jurists make a distinction between the persona vera, that means the individual person, and the persona ficta or persona repraesentata, as the universitas, making reference to the terminology used in the theological controversies. Finally, our investigation of the person in medieval law has revealed the importance of a notion of the person based on the function or role in the family and the person who holds an ecclesiastical office based on suitability. Our thesis has attempted to show the construction of the concept of person entitled through interactions between theology, Roman law and canon law
Chrétien-Vernicos, Geneviève. "Nom et monde à Madagascar." Paris 1, 1995. http://www.theses.fr/1995PA010263.
Full textThis thesis intends to show how the Malagasy name reflects the malagasy way of thinking the world. The mutability of the names and the practice of tecknonymy are in accordance with the evolutionary conception of the human being. The different ways of using (or not using) names show the familial hierarchy in descent groups where the conjugal couple is lacking. The meaning of names the reasons for taking a new name reflect an oral culture where naming and acting are synonym. Today, the large variety in the form of the names and in the custums about the name, due to numerous influences, among them the tradition itself, are the reflexion of the multiplicity of the worlds in which the contemporary malagasy lives
Mugnier, Florian. "La personnalité juridique des collectivités territoriales : genèse et développement d'une personne morale dans l'État." Electronic Thesis or Diss., Université Paris Cité, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218806.
Full textThe notion of territorial collectivity seems to be one of the most well-known in french public law, and especially administrative law. Amongst its principal characteristics lays its identification as a public legal person. However, territorial collectivities haven't always been identified as "legal persons". Moreover, municipalities and departments haven't always been identified as "territorial collectivities". These latter qualities actually haven't always existed and were not refused as much as they hadn't been conceived early enough. Written law, case law and jurisprudence from the beginning of the 19th century did not use those notions, meaning nothing apparently lead certain administrative units, such as towns and departments, to be viewed as "territorial collectivities" endowed, as such, with legal personality. Beyond questions about legal regime, competencies assignment, self-government or decentralization, the notion of "legal personality of territorial collectivities" has only gradually emerged up to the point where it became stable in lawyers' minds and narratives. Still, albeit many studies have been lead on legal personality itself as well as related to the State, none has yet specifically concerned territorial collectivities. Thus, the aim of the present dissertation is to determine which process guided the wake of this notion, its genesis as well as its establishment, by following the path that brought to the idea that "territorial collectivities are public legal persons"
Berthon, Geoffroy. "Les agents de l'administration et le droit du travail : recherches sur la spécificité du droit applicable aux agents des services publics administratifs gérés par des personnes publiques." Thesis, Tours, 2008. http://www.theses.fr/2008TOUR1004.
Full textSuch principle of specificity is old. During the 18th century an unitary approach was substituted to this distinction within the public agents. Hauriou, Jèze and Duguit consolidated this principle. Based on their works, the legislator and the judges raised the principle of specificity as a mainstay of public law. However, the set of rules that governs public servants is not indifferent to labor law. Recently, the role of labor law emphasized. Those considerations led to the “trivialization” of the law applicable to public servants from which resulted the weakening of the principle of specificity. Although the principle is weakened, it shall not be removed. Privatization would not increase the administration’s efficiency. Besides, it would force the set of rules applicable to public servants to get rid of some requirements which are necessary to the good public service. There is a medium solution which consists in restoring the principle of specificity
Laliere, Frédéric. "Mise en lumière du concept transversal de saisine en droit civil (droit réel de posséder et vecteur de transfert des droits réels) et sa déclinaison dans la saisine héréditaire - Le mort saisit le vif." Doctoral thesis, Universite Libre de Bruxelles, 2019. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/287574.
Full textDoctorat en Sciences juridiques
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Fortier, Bénédicte. "Instruction publique et statut colonial : histoire analytique d'un processus d'émancipation dans les quatre vieilles colonies françaises avant 1848." Dijon, 2001. http://www.theses.fr/2001DIJOD002.
Full textFathally, Jabeur. "Les principes du droit international musulman et la protection des populations civiles en cas de conflits armés : de la binarité guerrière au Droit de Genève. Histoire d’une convergence." Thesis, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20696.
Full textEyraud, Benoît. "Les protections de la personne à demi capable. Suivis ethnographiques d'une autonomie scindée." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2010. http://tel.archives-ouvertes.fr/tel-00585538.
Full textKaravokyris, Georgios. "L'autonomie de la personne en droit public français." Paris 2, 2008. http://www.theses.fr/2008PA020008.
Full textWasenda, N'Songo Corneille. "Le droit pénal congolais confronté aux exigences constitutionnelles." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D046.
Full textWhereas in other places the link between constitutional law and criminal law have been accepted as the basis of criminal law on the one hand, and the major questions of repressive law have played the role of a catalyst for the constitutionalisation of criminal law the state and the emergence of human rights on the other hand, in the Democratic Republic of Congo, however, the issue has rarely been treated systematically by researchers. Would the constitionalization of criminal law be a neglected subject ? The present thesis had the ambition to take up the challenge by making a cross reading and transversal of the various constitutions which ruled the country since the Basic law of 1960 relating to the structures of Congo, until the current Constitution of February 18. 2006. In this quest, it was necessary to avoid the trap of compartmentalization of legal disciplines by opting rather for their interdisciplinarity. Originnaly designed to combat the slave trade and protect the trade to the signatory states of the Berlin Act on the territory forming the Congo Basin, the criminal law has long kept this figure of a summary work, ignoring the importance constitutional issues on criminal policy. The observation was made during the developments of the first part devoted to the lack of respect for constitional requirementsin the construction of the repressive mechanism both in its foudations and its philosophical orientations. The changes that took place after the colonial period did not change the situation. Rather, they have created a repressive regime that focuses on protecting political institutions and their leaders, ignoring constitutional guarentees and respect for the fundamental rights of the human person. The democratic changes introduced by the Costitution of 18 february 2006 augured a new ideological framework in the organization of society. It jhas introduced new forms of social control and regulation, which are naturally part of a new criminal law. The latter must comply with certain ethical conditions in the determination and hierarchy of social values on the one hand, and one the other hand, in the protection of the social group with particular attention to vulnerable people and, finalty, it must have a value both for ordinary citizens and for the various categories of offenders, including a range of appropriate. The examination of all these questions has demonstrated in the second part of the thesis that there are limits to the respect constitutional requirements, because of the lack of adaptability of a constitutional review of penal norms and especially because of the insufficiency of criminal protection of the Constitution, thus preventing the Constitutionnal Court from playing the role of a real actor of criminal policy
Wu, Tzung-Mou. ""Personne" en droit civil français : 1804-1914." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00738952.
Full textQuirico, Ottavio. "Réflexions sur le système du droit international pénal - La responsabilité « pénale » des États et des autres personnes morales par rapport à celle des personnes physiques en droit international." Phd thesis, Université des Sciences Sociales - Toulouse I, 2005. http://tel.archives-ouvertes.fr/tel-00279988.
Full textJanem, Anwar. "L'évolution du droit de la prescription pénale en France depuis 1964." Poitiers, 2009. http://www.theses.fr/2009POIT3007.
Full textThe study of statutory limitations in criminal law is a current issue. This old principle is based upon political discussions of criminal law. The major principles of this concept have been developing for many years, and were subject to numerous debates. Indeed, over the last fifty years, the statute of limitations regulations have been subjected to innumerable exceptions, most notable the 1964 rule which introduced the humanity crime statute of limitations into French criminal law. The legislator to introduce many exceptions, various modifications to the law were effectuated dealing with commencement and duration of the statute of limitations. For political reasons, jurisprudence has been persistently hostile regarding enforcement of the statute of limitations by illegally delaying its tolling period and allowing extensive interpretations of "suspension" and "interruption" terms. Such legislative and jurisprudential attitudes have been criticized by the doctrine because they lead to an incoherent and hasty adoption of the reform
Law-Hang, Stéphane. "L' histoire de l'engagisme à la Réunion au XIXème siècle : heurs et malheurs de l'habillage juridique d'une réalité servile dans le bassin de l'Océan Indien (1828-1914)." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32052.
Full textThe 1817 abolition of the slave trade occurred at the same time that Réunion turned to sugar monoculture. How and by what means was the local government of the Mascarene Islands to contribute to the economic strategy of this French colony?For the most part of twenty years, the Bourbonnais inhabitants resorted to contractual immigration,also known as indenture. It would be extremely hazardous to give precise statistics in such a context where the colonial administration was confronted with an important degree of illicit workforce trade. Nevertheless, considering the legal procedure that lasted an entire century, the political input seems undeniable. This contractual commitment was first and foremost aimed at newly arrived immigrants but also spread to the freed slaves of 1848. Needless to say, the mass worker's legal status had far more to do with social considerations - such as the habits of their old masters - than with a strict legal or juridical system. Based essentially on archive documents, this thesis recounts the history of indenture
Fragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Electronic Thesis or Diss., Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Nijman, Janne Elisabeth. "The concept of international legal personality : an inquiry into the history and theory of international law /." The Hague : T.M.C. Asser Press, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484567152.pdf.
Full textSiri, Luc. "Les conflits de lois du XIIe au XVIIIe siècle." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020063.
Full textThe conflicts of laws of the twelfth at the eighteenth century. The study of the conflicts of laws and of the methods of their resolution allows to apprehend the birth of a new legal science: the international private law. This study shows how starting with the twelfth century, doctrine seized of this problematic throwing systematic of the lex fori application and interrogating themselves on the applicable to the subject stranger law. Of this born reflection east a first distinction enters the disposition ad ordinandam litem and the disposition ad decidendam litem. The first stays the lex fori, while the second gives the appropriateness to the judge to use a foreign law ; the theory of the statutes was born. Under the influence medieval French lawyers, the categorization of the different norms according to their object becomes the base of this new legal science. Strongly this progress, Bartole held a systematic of rules compiling resigned conflicts of laws without in fact seeing its work picked up again by the practical. Indeed, the study of the practical reveals that the universal formation of the international private law considered by the medieval doctrine does not correspond necessarily at the politics organization of the States in construction. Also, from the fifteenth century, the French consider a national system of resolution of the conflicts of laws compatible with the assertion of the sovereignty of the modern State. This training led to the eighteenth century, a French systematization of the theory of the statutes. Two categories of laws subsist: the real statutes and the personal statutes. But from now on the filing of the norms themselves realise ab effectu and not more according to the object of the statutes. This last apprehension of the conflict of laws call an inclination of the traditional approach, carrying on the object of the law towards one approaches more modern, carrying on the effect of the norm and the circumstances of the conflict
Drissi, Sonia. "La dépossession des compétences des tribunaux religieux sous la Régence de Tunis (1574-1923)." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA039.
Full textTo deny the jurisdiction of a court of law is an oft-repeated occurrence wherever political and legal regimes dispute against one another. Tunisian law is not exempt from such occurrences. It matters therefore an understanding of what entails and produces ouster-rules and namely those resulting in the denial of jurisdiction with regard to both Islamic-law-based courts as well as rabbinic-law-based ones, which goes back from the Ottoman occupation of Tunisia since 1574, whilst it underwent the French Protectorate established in 1881 until the demise of the Ottoman Empire in 1923. Ouster-rules, which can be either formal (legislative) or substantive (decisional-based), were not the produce of the French Protectorate. They are rather of Ottoman makings and date as from the XVIth century. From an internal approach, marked by the confusion of powers, Hanafi doctrines had already expelled Malikite ones, and secular judges, endorsed by the current political power, had religious laws ground down. On the eve of the Protectorate, the jurisdiction of Tunisian religious judges was boiled down to hearing only Personal Status matters. It is worth emphasising, in the course of this analysis, how “Protectoral Judges”, appointed in 1883, would but only uphold jurisdictional pleas and bring Tunisia progressively towards full « laicisation » which was triggered initially by the Reformatory Beys at the beginning of the XIX century and thus carving out the last distinctive feature of the Tunisian legal panorama, which continues to influence contemporary Tunisia
Lapointe, Julien. ""Sous le ciel des Estatz" : les Etats généraux de Lorraine sous le règne personnel de Charles III (1559-1608)." Thesis, Université de Lorraine, 2015. http://www.theses.fr/2015LORR0029/document.
Full textAs sovereign Duke of Lorraine and Bar, Charles III convened the Estates General common to both principalities to obtain council and assistance from the Three Orders (clergy, nobility & commoners). The agility which with Charles III was able to use this ancient state tool reinforced both his power and sovereignty. During a reign troubled by the French Wars of Religion, the prince resorted time and time again to his subjects to raise troops and fortify city walls.To raise extraordinary taxation, the consent of the Estates General was necessary – though rarely was it refused. Nevertheless, the increase of these taxes and their semi-permanence brought the prince into conflict with the bourgeoisie of Bar. They appealed to the Parliament of Paris which compelled the Duke to hold separate Estates General, one for the portion of the fief ultimately subject to the jurisdiction of the Kingdom of France (the so-called Barrois mouvant), the other within the sovereign jurisdiction of the Duke. The lack of institutional unity between the two duchies is particularly blatant in terms of court structure. Civil matters are exclusively presided by the old and powerful Knights of the Duchy of Lorraine at the heart of the assizes. This system is, however, antiquated and highly contested in the Estates General. The Duke strived to divert litigation from the feudal courts into his own courts and, in responding to the wishes of the Third Order, to ensure the proper administration of justice. In the remaining territory subject to the Duke’s sovereign jurisdiction (the Barrois non mouvant), the Duke established a Sovereign Court of Great Days of Saint-Mihiel (Cour Souveraine des Grands Jours de Saint-Mihiel), which was criticised by the local nobility for usurping their feudal jurisdiction in favour of trained lawyers. Thanks to his supporters, reform is not limited to the above feudal jurisdictions, as the Duke’s courts gradually also supplant the manorial courts. Horrified by these developments, the nobility protested in the Estates General. It is under the reign of Charles III that the Estates General reform the custumals to keep pace with the social evolution of the Duchy of Lorraine
Fragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Veilleux, Christine. "Les gens de justice à Québec, 1760-1867." Doctoral thesis, Université Laval, 1990. http://hdl.handle.net/20.500.11794/29493.
Full textQuébec Université Laval, Bibliothèque 2013
Jobin, Jean-Philippe. "Une extension conforme au développement du pays : la décentralisation judiciaire dans le district de Saguenay au XIXe siècle (1800-1878)." Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24682/24682.pdf.
Full textCapella, Audric. "L’encadrement des professions libérales en France : l’exemple du corps médical de la IIIe à la IVe République. De la conception à la confirmation des ordres de santé." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0026.
Full textThe regulation of liberal professions in France was increasingly considered necessary since the events of the French Revolution leading to the sudden dissolution of corporations. The increase of judiciary scandals involving health professionals during the Third Republic revived the question of surveillance and control of liberal activities and caused an important debate in French society. Facing the incapacity of public authorities to defend their moral and material interests, some medical practitioners took the initiative to join together to form associations and, later on, unions, before demanding the establishment of mandatory groups which would be charged with remedying issues such as the commercialization of medicine, medical failures and saturation of the profession. These aspirations would finally be realized and even exceeded with the rise of the Vichy regime and the implementation of a corporate policy, leading to the creation of eight professional associations, with five of them dedicated to the medical field. As regulatory bodies and unique representatives of the profession, these associations of doctors, pharmacists, dental surgeons, midwives and veterinarians were entitled to discipline the medical community and support their members. However, due to their forced implication in the discriminatory and anti-Semitic policies of the Vichy Government, those organizations were quickly dissolved at the Liberation before being restored, alongside the unions, on Republican basis
Pichette, Audrey. "La procédure d'arbitrage des offres finales : impact sur les négociations collectives locales dans le secteur de la santé au Québec." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29779/29779.pdf.
Full textMathieu, Isabelle. "Les justices seigneuriales en Anjou et dans le Maine à la fin du Moyen âge : institutions, acteurs et pratiques." Phd thesis, Université d'Angers, 2009. http://tel.archives-ouvertes.fr/tel-00467929.
Full textLarochelle, Dominique. "Le rôle des organisations non gouvernementales dans la défense des droits de la personne en République populaire de Chine : le cas des organisations de défense des droits des femmes." Mémoire, 2013. http://www.archipel.uqam.ca/5723/1/M13065.pdf.
Full textGagné, Martin. "«Tu ne tueras plus!» : une étude du processus de «recivilisation» de la société ouest-allemande d’après les catéchismes catholiques (1945-1970)." Thèse, 2013. http://hdl.handle.net/1866/10683.
Full textAmong scholars who have studied contemporary Germany, many consider that by perpetrating such a barbaric crime as the Holocaust, the Third Reich caused a “rupture of civilizationˮ (Zivilisationsbruch) in the history of the Western world. These experts have reflected on the meaning as well as on the historical and philosophical consequences of the Holocaust for the contemporary world. However, very few of them have examined the other side of this “rupture of civilizationˮ, i.e. the “recivilizingˮ process that occurred in West German society during the first postwar decades. Characterized by the rejection of violence and militarism, the restoration of elementary norms of civility and the growing importance attached to civic values such as democracy and human rights, this process explains how, within barely two decades, West Germans succeeded in building a stable and democratic state on the ruins of a genocidal dictatorship. Using the presentation of the Decalogue in the Catholic catechisms, this master’s thesis examines the role attributed to religious moral norms in the “recivilizingˮ process of West German society. It intends to show that during the 1950s and 1960s the Catholic catechisms published in the FRG presented numerous signs of a “recivilizingˮ will, which consisted in a particular attention to issues of war and peace, an updated view of parental authority and the adoption of a conception of civil authority based on the fulfilment of civic duties rather than on sheer obedience to hierarchy.