Dissertations / Theses on the topic 'Procedura civile frances'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 16 dissertations / theses for your research on the topic 'Procedura civile frances.'
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.
Mahmoud, Sayed. "Le principe du contradictoire dans la procedure civile en france et en egypte. Etude de droit compare." Rennes 1, 1990. http://www.theses.fr/1990REN11017.
Full textIn french and egyptian procedural civil law, the contradictory guarantees the right of the parties to have information pertaining to the case at any given moment. To understand its actual role, we must study its religious roots and its historical process. In positive french law, compliance with the contradictory principle explicity relies on legal texts, whereas in egyptian law, it has to be inferred from the rules of the islamic charia in the absence of texts devoted to it as such. It applies in the pre and post trial phases. It is mandatory to all the parties of the case : the judges, the defendant and plaintif and their representatives, the law clerks and third parties. It doesn't operate only within the narrow confines of the rights of the defence, but when interpreted more widely than it would appear at first sight whether in french or egyptian law, serves to delineate the boundaries between public or secret procedures, oral or written ones. Such a broad construction must limit the effect of the "judge knows the law" , for the power of the judges
Azambuja, de Magalhaes Pinto Roberta. "Les actes d'administration judiciaire en droit français et en droit brésilien : étude de procédure civile comparée." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D026/document.
Full textIf the ultimate goal of the trial is in the judgment, by which the judge says the Jaw (jurisdictio), dispelling legal uncertainty and thus promoting social peace, other acts must also be made for the fulfillment of the mission of judging : these are the judicial administration acts, which are the subject of our study. The French concept includes the acts of judicial organization and the acts of procedural management, which provide, respectively, the proper functioning of the courts and the proper conduct of the proceedings. Despite the importance of the subject, it is little explored by jurists and we see some hesitation concerning the exact definition of the acts of the judge by scholars and in the jurisprudence. This is not desirable, however, because the judicial administration acts are subjected, according to the French law, to a different set of rules, so they are not in principle liable to the same constraints as judgments, and they cannot incur to any appeal. The Jack of ways of contesting, in addition with the adoption of a flexible system, where the head of the court has major powers in the subject, open legitimate questions concerning the respect of major principles governing the trial and the justice. Although Brazilian law does not have the French notion, the administration of Brazilian justice requires, too, the practice of judicial administration acts. The similarities related with the acts of procedural management and the significant differences in the acts of judicial organization justify the comparative method of this study, which proposes to determine the peculiarities and common features of these two legal systems and to identify what each one can learn from the other in a constant goal of development
Goujon-Bethan, Thibault. "L'homologation par le juge. Essai sur une fonction juridictionnelle." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0033.
Full textHomologation by the judge is a controversial notion. The field of acts that may be subject to it is heterogeneous and unstable. The content of the judge of homologation’s act is not clearly understood, and the texts, in particular those relating to the agreements resulting from alternative dispute resolution modes, leave uncertainties. This disorder affects legal certainty, especially since homologation is still valued by the law, and that its growth accompanies the promotion of ADR. A theoretical clarification must therefore be proposed. Homologation by the judge, in its different manifestations, is a unitary phenomenon that must be understood in a global way. Rather than seeing it as an instrument without unity in the service of substantive law, the study takes homologation as a concept of procedural law. In this perspective, homologation can be identified as a jurisdictional function, that is, a uniform activity, fully integrated into the judging function, but also autonomous and particular within it. The study intends to unveil the common structure to all homologations, from which it is possible to identify an ordinary law, but also to highlight the logic of the differences of regime which can exist, by bringing them back to the state of declensions of the common core. This approach leads to an overall and rational view of the homologating function. It makes coherent the judge’s office, clarifies its purposes, describes its methodology, and take sides on the nature of this act, its effects towards the homologated act, its modalities of international recognition, and its procedural regime. The study thus tends to put in order the positive law, but also to reveal the virtualities of the notion of homologation, its potential, its vocation, setting milestones so that the homologation can constitute an operating mechanism fully in phase with the justice issues of the 21st century. The analysis thus relates, on the one hand, to the content of the homologation function, the judge’s office, which it undertakes to reunify, and, on the other hand, to its framework, the homologation proceedings, that it is given for mission to restore
Joguet, Camille. "Les incidences du droit procédural sur le droit substantiel de la famille." Thesis, La Rochelle, 2020. http://www.theses.fr/2020LAROD004.
Full textIn the context of family law, a specific bond exists between substantive rule and procedural rule. The specificity of this bond leads to an overtaking of the function classically assigned to the substantive rule and the procedural rule. The contemporary family law seems indeed to have abandoned a part of its substantials rules. The procedural rule, traditionally presented as a serving rule, will become the witness, then the enabler of family law’s transformations, and the procedural norm will progressively take over fundamental reforms. Implications of the procedural rule on family law will then manifest itself in the form of the substance as much as the nature of this latter
Baud, Marie-Sophie. "La manifestation de la vérité dans le procès pénal : une étude comparée entre la France et les Etats-Unis." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020056.
Full textAmerican criminal law traditionally strives more towards the formal truth, guaranteeing respect for due process, than to the material truth. However, over the last few decades, the discovery of numerous miscarriages of justice has led many American legal experts to question the excesses of the adversarial procedure. Conversely, under the influence of the European Convention on Human Rights, France has progressively been calling into question the principles of the inquisitorial procedure, placing greater value on the notions of the fair trial and equality of arms to the detriment of the material truth. And so, on both sides of the Atlantic, there are those who are in search of a new procedural model
Alexandre, Jean-Jacques. "La prestation de conseil juridique en droit français." Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32027.
Full textThe services of legal counselors are excellent tools which permit the implementation of laws; i. E. , the application of general and abstract rules to concrete facts the concept of legal counselor services may be defined as a reasoned legal opinion which engages the person who expresses it and may influence the person receiving the opinion in the objective to assure the securitu of social relations. The services of legal counselor constitute an autonomous legal category. This concept is at the base of a rigorous regime of specific responsibility articulted around the duty of the tribunal conunselor, which overrules all other legal counselors, public or private, apid or non-paid. It is the base for the reorganization of the legal professions in france. Contemporary legislation takes into account this dynamic, timeless and universal notion
Richard, Vincent. "Le jugement par défaut dans l'espace judiciaire européen." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D044.
Full textFrench judges regularly refuse to enforce foreign judgements rendered by default against a defendant who has not appeared. This finding is also true for other Member States, as many European regulations govern cross-border enforcement of decisions rendered in civil and commercial matters between Member States. The present study examines this problem in order to understand the obstacles to the circulation of default decisions and payment orders in Europe. When referring to the recognition of default judgments, it would be more accurate to refer to the recognition of decisions made as a result of default proceedings. It is indeed this (default) procedure, more than the judgment itself, which is examined by the exequatur judge to determine whether the foreign decision should be enforced. This study is therefore firstly devoted to default procedures and payment order procedures in French, English, Belgian and Luxembourgish laws. These procedures are analysed and compared in order to highlight their differences, be they conceptual or simply technical in nature. Once these discrepancies have been identified, this study turns to private international law in order to understand which elements of the default procedures are likely to hinder their circulation. The combination of these two perspectives makes it possible to envisage a gradual approximation of national default procedures in order to facilitate their potential circulation in the European area of freedom, security and justice
Jobert, Sylvain. "La connaissance des actes du procès civil par les parties." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020070.
Full textIn civil law procedures, the parties’ knowledge of the acts of the trial is essential; it guarantees that certain principles, such as the adversarial principle, will be respected. However, a difficulty arises: it is hard to determine whether a party has in fact become aware of the act which was communicated to him. The question is to determine whether the law can accept such a difficulty. To this end, two divergent models can be provided. In the formalistic one, the choice is made to favor the knowledge of the acts of the trial beforehand, in order to be able to become disinterested in their actual knowledge afterwards, all the means having been implemented to carry this out. In the realistic one, the way in which the acts of the trial are brought to the parties' attention is neglected, but thereafter, there is a resurgent focus on the knowledge the parties have genuinely had. The study reveals that the law of civil trial was initially based on a predominantly formalistic model, but this model has evolved, especially during the last decade. Under the influence of contemporary concerns in order to rationalize justice costs and increase the protection of the parties' fundamental rights, the formalism of civil lawsuit has been tempered. Should it be even more moderate? This work neither pleads for the subversion of the classical model nor for its reinstatement. Instead, it is a nuanced evolution of the law which is suggested. It suggests to promote formalism when legal certainty requires it, without sacrificing the benefit of lightening the rules when it is necessary
Chillault, Isabelle. "La personne et son défenseur dans le procès pénal : contribution à l'analyse des droits de la défense." Poitiers, 1985. http://www.theses.fr/1985POIT3211.
Full textPancrazi-Tian, Marie-Ève. "La protection judiciaire du lien contractuel." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32028.
Full textSumeire, Philippe. "L'étude comparative, instrument de réforme du droit français des suretés réelles." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32040.
Full textThe french law of security interests and real relate mortagages has been sharply cri ticized for some years because of the diversity of forms and systems accumulated origin of serious confusion because of the obsolescence of out date principles on which this part of our law is yet founded and specially because of the increasing lack of efficiency of the existing securioty interests when they are opposed to ins solvency and bankruptcy rules. So a global reform appears necessary. The comparative survey shows that this situation is not specific to french law but is the result of the evolution experienced and for same part yet experienced by the major group of the nations in their economic development : the increase of fiancialneeds involves an alarming multiplication of liens and preferential rights which leads to some confu sion. Certain countries have found a way to adapt their law of security interests in order to take up the challenge. Germany and united states mainly have built a sys tem of law for security interests on movables through a global approach and on the basis of an unitary and functional conception of security interest which is consis tent with credit law and bankruptcy law. If we can not take into consideration on a practical point of view the integration in our law of these systems in their enti rety and a fortiori in their detailed technical rules the approach adopted here above is and remains the best way on which a global reform of french law for security interests has some chance to succed
Alshatti, Norah. "La motivation des décisions judiciaires civiles et la Cour de cassation : étude de droit comparé franco-koweïtien." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA005/document.
Full textThis study that compares the French legal system and the Kuwaiti legal system is a valuable study with multiple aspects to its legal research and professional applications. For France, the rulings of its "Court" and overseers is necessary for a just trial. Now, they both are a study subject for a project to alter the role of the “Court” in a general way. This project is of utmost importance to the Kuwaiti judicial system as it affected by its history with the French civil law. In addition, it is important as well for the respected and known place as the highest court in the judicial system. (Compared with the European court for human rights). It is without a doubt that Kuwait will take it into consideration these positive changes for the role of the "Court"
Cornu, Julie. "Droit au procès équitable et autorité administrative." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020068/document.
Full textThe right to a fair trial is enshrined in the article 6§1 of the European Convention on Human Rights and irradiates now all French law. In the context of the subjectivization of the law, administrative law is also subject to this "unstoppable rise of disputes in the name of the right to a fair trial" (Mrs. KOERING-JOULIN). This assertion is particularly true regarding the powers of sanction and the settlement of disputes granted to the administrative authorities. The European definition of the right to a fair trial applied by the Court of Cassation and adapted by the Council of State allows a wide application of this right. So, given the current state of the administrative case law, the right to a fair trial can be usefully claimed against independent administrative authorities as regard either their law enforcement activities or litigation practice. And the tax administration has also been compelled to respect this fundamental right for eight years now. In line with this settled jurisprudence, the extension of the right to a fair trial to all the administrative authorities may be the way of the future. But such an evolution raises a few questions. Isn't the increasing jurisdictionalization of the administration activities as a result of the right to a fair trial an inconsistency in itself? Doesn't it go against the primary goal of the outsourcing of the administrative penalties? More fundamentally, doesn't subjecting the administrative authorities to the specific principles of court procedures participate in reinstating some confusion between administration and jurisdiction? Isn’t it the rebirth, under a new form, of the administrator-judge we thought was long gone?
Allard, Baptiste. "L'action de groupe : étude franco-américaine des actions collectives en défense des intérêts individuels d'autrui." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB128.
Full textThe French debate on collective actions is characterised by a central contradiction: while US class actions almost systematically serve as the starting point of discussions among French lawyers, they remain widely unknown to them. Being a reason for hope, admiration as well as fear, the American model of class actions can explain why the introduction of collective actions in French law was decided, why it was delayed for so long, and the many flaws of the resulting legislation
SILVESTRI, CATERINA. "Il sistema francese dei référé di prima istanza." Doctoral thesis, 1996. http://hdl.handle.net/2158/651586.
Full textBurda, Daniel. "Odpovědnost veřejné moci za škodu - otázka pro civilní nebo správní soudy?" Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-397277.
Full text