Dissertations / Theses on the topic 'Property law - France'
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Wechs, Hatanaka Asako. "Mediation and intellectual property law : a European and comparative perspective." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA008.
Full textA bad compromise is better than a successful lawsuit, says an adage. Would this also applies to intellectual property disputes ? Mediation is a dispute resolution method, which is in vogue. It became subject to harmonisation in Europe under the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. In this context, the objective of the thesis is to analyse the functions performed by mediation as well as the limitations to mediate from the viewpoint of civil procedure law, contract law and intellectual property law and to present some proposals to optimise mediation to intellectual property law. A number of legal systems, institutions and dispute resolution providers will be covered with the focus on the European Union, France and the UK
Pejchalová, Grünwaldová Vladimíra. "Property law in Europe : a comparative study of national law and the law of European convention for the protection of human rights and fundamental freedoms." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA020.
Full textThe thesis deals with the protection of private property in the law and practice of the European Convention on Human Rights and in the Czech and French constitutional law and practice. It provides a comparative inquiry into the scope of the respective property protection clauses and their judicial interpretation with a view to extracting convergent and divergent elements of the normative and jurisprudential approaches to the protection of private property as a human right. The main focus of the inquiry is to examine and compare the treatment of property in the European Convention on Human Rights and in constitutional law of France and the Czech Republic. The topic is analysed by virtue of research into several specific areas: the philosophical and theoretical foundations; the meaning and scope of the property guarantees and their judicial interpretation, limitations and deprivations of property; and the constitutional approaches to the implementation of the law and practice of the Convention
Gobert, Perle. "La genèse de la propriété industrielle en France." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0136/document.
Full text: The right of the industrial property seems like a recent right in the French legal landscape, but this assumption is wrong. Its presence was confirmed as of the beginning of the artistic and artisanal practices during the Antiquity. The awakening of its existence and its utility wi-thin the company however was intensified at the XVIIIth century, in particular at the time of the French revolution of 1789, during the moment of its legal construction and its recognition.The right of the industrial property, starting from the revolutionary events became the chal-lenge of an intellectual development as well as a legal development. Many debates on behalf of the creators and inventors show rage regarding the political institutions, so that this right is acknowledged and standardized. The result of these intellectual combats, thanks to the mul-tiple reflections of the doctrines and jurisprudence transforms the patent right into a normative right falling under legal scheduling.Next to this legislative organization, the right of the industrial property is also the subject of many interrogations as for the political and economic circumstances, which allowed it's blos-soming. The right of the industrial property modulated according to the whole set of laws; ju-risprudences; the doctrines; politics and economics, tries to give him stable legal structures. He affirms himself as a protean right, whose national range relating to the inventors and the creators in the recognition of their right, takes an international dimension, trying to organize and harmonize the economic relations of the Nations
Monget, Quentin. "Les mutations du statut patrimonial des couples." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0003.
Full textMany French couples today move from cohabitation to civil partnership, then from civil partnership to marriage, which are the three forms of conjugality offered by contemporary law. Each has its own specific property status (providing for the division of assets and debts, establishing social and tax effects, etc.). But these statuses are in a state of flux,with countless legal and case law changes being made. What are these changes ? How far should they continue ? That is the purpose of this study. It sets itself apart by putting into perspective the idea that a common law governing couples will emerge : it notes that, even if a phenomenon of convergence is at work, other developments are tending to increase certain differences between conjugal relationships. It then shows that positive law is structured on the model of a gradation. The more a couple chooses a stable and committed conjugal relationship, the more their property status becomes exorbitant, communal and protective. Lovers are thus encouraged to embark on a path marked out by predetermined stages (romantic relationship, moving in, civil partnership, marriage) that can be called iter copulae ; thismodel is in line not only with positive law, but also with modern sociological reality. The study summarises current developments. It suggests deepening them where they are incomplete, tempering them where they are excessive, and enshrining them where they are praetorian. The study is interspersed with proposals for reform, all designed to put positive law on a sustainable footing, since it is more in tune with modern aspirations
Buydens, Mireille. "La protection des prestations quasi-créatives en droit comparé (droit allemand, droit français, droit belge)." Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213060.
Full textVern, Flora. "Les objets juridiques : recherches en droit des biens." Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0023.
Full textIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Vern, Flora. "Les objets juridiques : recherches en droit des biens." Electronic Thesis or Diss., Paris, Institut d'études politiques, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201211.
Full textIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Denolle, Alice. "L'accès à la propriété des biens archéologiques. Etude de droit comparé, France, Etats-Unis." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111006.
Full textFrance and the United States have both recognized the importance of preserving archaeological resources against any damage or destruction through legal protection so that their use by present generations and their transfer to future generations may be ensured. This importance is reflected through the existence of a public interest in the preservation ofarchaeological resources. The public interest is rooted in different values which are assigned to archaeological resources and which may be referred to as the cognitive value, the identity value, the aesthetic value and the economic value. In both countries the cognitive value appears to be the cornerstone of protective legislation.Even though the United States and France recognize that there is a public interest in preserving archaeological resources, the ownership of archaeological resources is still deeply governed by common law rules, according to which archaeological resources are seen as mere property. This dichotomy proves to be a source of tension between two competing interests:the public interest which lies in archaeological resources protection on the one hand, and the private interest, expressed through ownership, on the other hand.The legal definition of protected archaeological resources lies therefore at the forefront of the issue. In both countries, there is no uniform status of archaeological resources. However, protective legislation recognizes the very specificity of these resources, developing therefore specific protective schemes. The two legal systems tend to favor public ownership, the state being seen has the most suitable owner capable of ensuring preservation. But private ownership appears to be a strong opposition public ownership has to face. However, private ownership of archaeological resources does not necessarily equal lack of protection.No special property status has thus been implemented in either countries. Conflicts arising between preservation and ownership of archaeological resources in the current protective systems could therefore be resolved by drawing the consequences of the specificity of archaeological resources into the protective schemes
Bzowski, Guillaume. "L'instrumentalisation fiscale du droit de propriété." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020029/document.
Full textLegal ownership is one of the main pillars on which tax law is based and around which property taxation revolves. It appears that tax optimisation is merely about improving the tax consequences of a legal operation based on the manipulation of legal ownership. The means used to shape the property rights affect the legal and tax consequences. Is such manipulation of legal ownership for tax purposes subject to a fixed rule? Does this rule allow to draw a categorisation of all instruments used in order to exploit legal ownership for tax purposes? It appears that these instruments are but legal mechanisms. They consist either in a deconstruction of ownership itself or of its value, or in a specific ownership assignment in legal or spatiotemporal terms
Butr-Indr, Bhumindr. "La contrefaçon des droits de propriété intellectuelle : étude comparative en droits français et thaïlandais." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020031/document.
Full textCounterfeiting is an international problem. It appears that the main countries of origin of counterfeit goods seized in the European Union are the Asian countries, including Thailand. The research explains concisely the entire key factors to this whole problem. The research is divided into two parts; in the first place, I will outline pointly the definition of Intellectual Property Rights law (IPRs law) infringement between French and Thailand. Firstly, we focus on the structure of IPRs infringement. The term "counterfeit" in himself both in France and Thailand indicating different forms of an intellectual property rights liability conception. To identify violations constitute infringements, including the material element, we focus on four points, the existence of the creation, dissemination of the creation, use of creation, participation in the infringing action . With regard to the intentional element of infringement, iconcerned the intention of counterfeiter by the civil and criminal aspects as well as the objectives of my research would analysis on two components. First, the application of substantive issues embodies in the civil action. The second is the criminal action. The intention of counterfeiter are also intersect into two parts of action. The secondly,, we research to the proof of infringement. There provides two measures of proof in civil matters and evidence incriminal matters. In addition, there are a customs procedures as an alternative measure of proof . In the second place, we mainly concerned the IPRs law enforcement: Firstly we concerns the penalties imposed by criminal courts. We have already studied the criminal proceedings. In addition, we studied the penaltiesfor counterfeiting. We find that the criminal proceedings in Thailand is totally different from the criminal proceedings in France. In addition, we studied the penalization of IPRs law. We find that the situation in Thailand is totally different from a France, especially in criminal jurisprudence. It seems that the majority of decisions are the penalties imposed by criminal courts. Secondly were search about categories of damages and criteria for proof of damages. We find that the damages, in France as well as in Thailand, is the recovery of profit. Also the difficulty of assessing the damage, in France as well as in Thailand, are the damage of Trademark law, moral right damage and punitive damage
Béguin, Céline. "Les contrats d'assurance sur la vie et le droit patrimonial de la famille." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020087.
Full textProhibited two centuries ago, life insurance is now the mainstay of the Frencheconomy. At the crossroad of several legal areas, the study of life insuranceshould consider both the policy holder’s and the beneficiary’s families. Despite the fact that the French Insurance Code ignores, more often than not, familyrelationships, the legal rules applied to couples, heirs and creditors areinterfering with insurance law. So too do tax law and legal incapacities.Nowadays, life insurance plays a key-role in assets management and estateplanning. Several types of contracts are in use. New types of contracts, suchas universal life, annuities and unit-linked insurance plan, are savings vehicles.This evolution has completely renewed the life insurance market. Twocategories emerge among Life-based contracts. First, there are protection policies, which are designed to provide a benefit at the insured's death, such as term life and permanent life insurance. Investment policies are the second type. Their main objective is to facilitate the growth of a capital by paying single or flexible premiums ; they are the core activity of insurers. This study aims to assess the impact of this diverse range of contracts on family law. Articles L. 132-12 to 17 of the Insurance code were originally enacted to regulate term and permanent life insurance. It is a contradiction in terms to apply these provisions to the new types of contracts, which are pure savings vehicles. It was necessary to critically analyse how the Civil Code fills in the gaps left by the Insurance Code. Suggestions are made to adjust the legal regime to the wide diversity of life insurance contracts
Cochez, Caroline. "La participation du droit des biens au mouvement de socialisation du droit." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20015/document.
Full textOne has often construed socialization as a construct to be used in the fight against legal individualism. And yet, it has to be owned that such an interpretation is too simplistic. The strength of the notion of socialization actually lies in the fact that the latter straddles several fields of social science. The socialization of law must also be understood as law adapting to the social mores of the times. From such an acceptation there has resulted a certain conformation of legal rules to a given state of affairs, to the social sphere. Such as it has been called upon in the 19th-century movers’ and shakers’ discourse, the thematic of socialization oscillates between these two poles. One must therefore contemplate both these aspects of socialization. The notion evolved as a reaction against the tenets of an individualistic law; at the same time, it reveals the need for developing a present-day law. From both these standpoints the inclusion of property law in the socialization movement is obvious. It emerges that the discipline nurtured a social conception of the law long before the idea of socialization was unequivocally expounded towards the end of the 19th century. Later on when the need to socialize law took hold of the legal discourse, the persistence of the theme of ownership and references to its social purpose made it possible for property law to have a decisive input in the development of the juridical construct of socialization. Being part of the implementation process of socialization seems to have involved another dimension. As a rule the makeovers that have impacted the discipline were effectued in the direction of a tallying of its own principles with new realities. The coming to the fore of new values, of immovables into the field of assets likely to be appropriated revealed in particular that property law had evolved so as to cope with the changes brought about by the revolution of intangible assets. Such an bringing up to date of this discipline reveals its aptitude to ensure the construction of a specific state of society
Fonseca, Tinoco Karlo. "Les licences des droits de propriété intellectuelle à l'épreuve de l'intérêt général : une étude de droit brésilien, français et européen." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA020.
Full textConcerns for the public interest do not only shape the granting of industrial property rights, but also impose limitations on exploitation of such rights by owners and have an impact on how owners exercise their rights. The consideration of the public interest related to licensing of industrial property rights is not the same in Brazilian, French and European Union laws. Comparative study of the French and European practices in this field can be used to aid Brazilian lawyers in criticizing and considering new elements to challenge the current screening system of license agreements inBrazilian law, proposing the adoption of a contractual freedom-oriented system. This thesis undertakes an analysis of French and European Union laws, which allows us to take into consideration Brazilian competition law as a mechanism to control industrial property licenses without prejudice to public interest
Wagener, Noé. "Les prestations publiques en faveur de la protection du patrimoine culturel." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111007.
Full textThe thesis has made the methodological choice of reducing the action of the State for the protection of cultural heritage to a simple series of "services". Taking the neoliberal perspective literally, it intends to study all State interventions in this area, regardless of the shapes they assume (enactment of regulation and provision of services). In doing so, the scientific challenge of the thesis is to get to determine why the State acts in cultural heritage, and more specifically why it acts in a certain way rather than another. This functional interrogation, rarely asked by lawyers in France, is of interest as it questions the particular ways in which specific categories of law help to produce - much more than to describe - the choice of a particular cultural heritage protection. Thus, the diachronic observation of services, since the French Revolution, shows that on multiple occasions, these services have found, in all seriousness, their source outside the State, specifically in a community right. Also, beyond a progressive etatization process (which is not in itself very original), a complex reversal of the relation of the State to the society emerges : during the nineteenth and twentieth centuries, the State frees itself from the society, helped by a massive work of doctrinal reconceptualizations. It is only between World War I and World War II, after the failure of theories of social law, that the legal explanation of State services for the protection of cultural heritage is finally locked in the antagonism between the authority of the State and fundamental rights
Merabet, Samir. "Vers un droit de l'intelligence artificielle." Electronic Thesis or Diss., Aix-Marseille, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201235.
Full textEven if its appearance is recent among technological inventions history, artificial intelligence has nevertheless quickly established itself, disrupting economy and the job market. Yet, upon assessment, it seems that these two forms of intelligence cannot be regarded as equivalent. Even if artificial intelligence borrows some aspects of human intelligence, many others are missing. Conscience, reason and emotions are unknown to machines, even intelligent ones. Yet, law rests upon such qualities. Hence, applying rules created for human to intelligent computer systems may be inappropriate. Indeed, the confrontation between law and artificial intelligence reveals the existence of a paradigm on which positive law is based. To a large extent, French law relies on the subjectivity proper to humans. All branches of law appear to be concerned, civil law as well as criminal law or intellectual property law. Therefore, the legal regime of artificial intelligence seems very uncertain. Consequently, the purpose of this study is to clear up the doubts surrounding the nature of artificial intelligence in order to neatly distinguish it from human intelligence. Eventually, the acknowledgment of the fundamental difference opposing these two forms of intelligence should lead to the recognition of a new public order of humanity and the preservation of an exclusive field for human intelligence
Dauchez, Corine. "Le principe de spécialité en droit des sûretés réelles." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020059/document.
Full textThe specificity principle was introduced in the Civil code in 1804 to ensure the development of the modern economy. Then, it gained ground and became a fundamental principle of security law. However, at the end of the 20th century, it was violently criticized : it was accused to diffuse rigidity in security law and put a brake on credit. In addition to the principle noxiousness, its theoretical criticism was all the more announcing its decline in French law, because in foreign states the influence of the American security interest, which does not know the principle, was widening. However, the reform preserved, while softened, the principle in French law. The softening of the principle is the mark of a enlightened reform which is intuitively return to the principle origins to confer it the flexibility that the original legislator wanted, but which had been choked by an inadequate theoretical conception. This conception has to be renewed now. Only a return to original sources of hypothec specificity principle is able to capture its practical realty in order to lay the foundation stone of an adapted theoretical conception, which push to removing security law from patrimony rights. The specificity principle is not a sign of the archaism of real and personal security French law, it is, on the contrary, the ferment of his evolution
Su, Yii-Der. "Les litiges en matière de marque : contribution à une étude de droit comparé entre la France, la Chine continentale et Taïwan." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA029.
Full textThere continues to be significant developments in intellectual property law in the wake of the technological revolution and the globalization phenomenon. This thesis seeks to analyze procedures for settling disputes by comparing three decidedly different judicial systems: France (the « cradle » of Civil law legal system) on the one hand, contrasted with two entities of diverging judicial traditions, namely Mainland China and Taiwan. We will take up two trends in particular: a strengthening of administrative power and at the same time a movement toward harmonizing settlement procedures.The strengthening of administrative power is evidenced by its “specialization” and extension of its competence in the area of intellectual property rights. Thus, in Mainland China local administrative authorities can enforce administrative laws to expediently deal with intellectual property disputes. In France, on the other hand, the growth of administrative power can be seen in the transposing of the 2015 future directive regarding the harmonization of trademarks within the European Union, which attributed competence to the INPI for the first degree examination in the revocation and invalidity procedures.The harmonization of trademarks is also visible in the introduction of a reinforced “customs seizure” mechanism in Mainland China and Taiwan. Furthermore, with the establishment of specialized courts, the Taiwanese legislature became the first of the three justice systems to create an intellectual property court in 2007
Pimiento-Echeverri, Julian-Andres. "Les biens d'usage public en droit colombien." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020025.
Full textRegulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce
Dhenne, Mathieu. "Technique et droit des brevets." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020041.
Full textThe object of patent law is the appropriation of novel technical teachings in order to support technological development. Thus, the technicality is a fundamental condition of the patent right appearance. However, the definition of what technique is in patent law demands, at first, to fix what its normative function is. This function varies depending on the property conception retained. The materialist approach of property views it as a limit to appropriation, while the idealist views it as a criterion of appropriation.According to the first approach, the property only concerns corporal things and rights. Then the invention is mixed up with a corporal thing that its realization allowed. The technicality is the criterion of corporality, it is a limit to the appropriation. This approach is realized by the establishment of the domain of patentability, which is defined by a list of objects that are not appropriable and by the assessment of the technicality of the invention at the latest stage of realization the invention allows.According to the second approach, which we are defending, the property can concern either corporal or incorporal things. Then the invention is an incorporal thing. The technicality is a criterion of the appropriation. This approach is realized by the suppression of the domain of patentability and by the assessment of the technicality of the invention at the non-tangible stage
Merabet, Samir. "Vers un droit de l'intelligence artificielle." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0528.
Full textEven if its appearance is recent among technological inventions history, artificial intelligence has nevertheless quickly established itself, disrupting economy and the job market. Yet, upon assessment, it seems that these two forms of intelligence cannot be regarded as equivalent. Even if artificial intelligence borrows some aspects of human intelligence, many others are missing. Conscience, reason and emotions are unknown to machines, even intelligent ones. Yet, law rests upon such qualities. Hence, applying rules created for human to intelligent computer systems may be inappropriate. Indeed, the confrontation between law and artificial intelligence reveals the existence of a paradigm on which positive law is based. To a large extent, French law relies on the subjectivity proper to humans. All branches of law appear to be concerned, civil law as well as criminal law or intellectual property law. Therefore, the legal regime of artificial intelligence seems very uncertain. Consequently, the purpose of this study is to clear up the doubts surrounding the nature of artificial intelligence in order to neatly distinguish it from human intelligence. Eventually, the acknowledgment of the fundamental difference opposing these two forms of intelligence should lead to the recognition of a new public order of humanity and the preservation of an exclusive field for human intelligence
Mathlouthi, Thouraya. "L’apport en société, technique d’exploitation des créations intellectuelles : étude à partir des droits de propriété industrielle, du savoir-faire et des noms de domaine." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015PA05D003.
Full textThe study of the contribution agreement dynamizes the classic contractual scheme of intellectual property exploitation based on the pair licence- assignment and provides a detailed analysis of the mechanism of the contribution to a company. Despite a certain similarity to conventional intellectual property exploitation contracts, the contribution agreement is an original contract. This originality is reflected legally by a hybrid nature as well as a heterogeneous applicable system. Regarding intellectual property, the contribution agreement is a specific act of exploitation of intellectual goods. Regarding company law, it is the agreement which enables delivery of the intellectual goods to the company and constitutes an essential element of the company¿s constitution. This duality directly affects the conditions of contract formation as well as its effects. Although the applicable system is based on the traditional contracts of exploitation of intellectual goods, in particular the articles of civil law relating the sale and lease of tangible assets, there is no further similarity. On the one hand, the formation of the contribution agreement follows numerous constraints posed by company law and competition law. On the other hand, the understanding of the parties¿ rights and obligations differs. The relationship between the company and the contributor is imbued with the intuitu personae attached to intellectual goods as well as the affectio societatis resulting from the nature of the partnership agreement. Given the lack of regulation adapted to the specificity of intellectual property contribution agreements, the emphasis has been put on contract drafting. Such a legal deficiency must be supplemented by contractual freedom without breaking the principles of public policy
Louis, Axelle. "L’évolution contemporaine de la notion de brevetabilité : étude en droit français et européen." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1010.
Full textThe impressive increase of patent applications, the advent of new technologies but also the numerous challenges that the patent system has to face invite to look at the way the notion of patentability copes with the evolution of art and practices. The present study analyses the evolution of the notion of patentability by observing at first the widening of patentability field, before looking at the softening.of patentability criteria. The means of this evolution toward a wider protection are the absence of any legal definition of invention and the successive backward movement of patentability exclusions. It is shown that industrial application must be seen as part of the ivention definition and not as a criterion. It also appears that in reaction to the complexification of technologies and the pressure of economic actors, novelty and non-obviousness criteria have been largely softened. The conclusion of the study is that the decrease of the patentability threshold and the increase of bad quality patents have a negative impact on innovation
Donaud, Flora. "Les acteurs du procès civil en contrefaçon." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV120.
Full textIn all trials, the civil lawsuit for counterfeiting is one of those which is on the increase because, beyond violate a monopoly, the counterfeiting also spills over into all sectors of our economy, ie employment, health, consumer safety or even investment. It’s by analyzing the role that players have in the civil lawsuit for imitation, we will study the specific feature of this case compared with the procedural law and we will consider a possible theory of civil trial for counterfeiting. The research lead to make, first of all, a thorough analysis of the burden of the parties in the civil lawsuit for imitation. The challenge is to highlight the particular impetus of the parties by identifying divergence factors or convergence about the subject. We have also to stress that the original auxiliary measures allow the parties to better prove or to anticipate the trial without break necessarily the procedural balance. Afterwards, we have to study the role of the judge in the civil lawsuit for counterfeiting. Indeed, after the parties have prepared and taken legal action, the judge has to "take over" the trial and it’s then necessary to examine its derogatory competence, which is sometimes concentrated, sometimes exploded in a conflict of jurisdictions, sometimes challenged by a "private" judge. Finally the subject leads to determine if the judge’s power, allocating damages for example, show the dual prism of intellectual property law wich overstep the private monopoly to belong to a wider collective dimension. These are the lines of thought leading to the building of a common procedural regime
Desvaux, de Marigny Marie Gaëlle. "Le volume immobilier." Thesis, La Réunion, 2020. http://www.theses.fr/2020LARE0039.
Full textIs the space above and below our Land Property saleable? The "Volume immobilier", also called "Volume" or "Air Rights", is an invention of notarial practice. De facto, it is known as the division of space above and below Land’s surface in Real Estate/Property Law [using a 3D Cadastral System]. It was first used by developers to construct complex buildings called "Ensembles immobiliers complexes" in cities and towns. This technique has two advantages. Primo, it allows developers to circumvent the rigidity of Condominium Law, and secundo it allows them to bypass the inalienability of Public Land [Public Domain]. A convincing example of "Air Rights" is the "Quartier de La Défense" in Paris. This technique has recently met with growing success in France Metropolitan and France Overseas. In Reunion Island, it is especially used in photovoltaic projects. This striking success contrasts, however, with the paucity of legal research on the subject. Despite significant difficulties [theoretical and practical], no in-depth research has yet been conducted on the "Volume" itself. Is it a good? Can it be appropriated or sold, regardless of the Land's surface and without any buildings? Can it be sold, rented or given as collateral? So many questions, and more, to study to give this Real Estate Technique the legal security it deserves
Sol, Credence. "Le droit des artistes-interprètes à la protection de leur travail à l'ère numérique." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR2026/document.
Full textThis work provides a broad study of the right of performing artists to protect their performances in the Internet era. The first part of this work explores the theoretical foundation of copyright law, the history of moral rights, and the application of the theory of moral rights to cases affecting performing artists in the United States, the United Kingdom, and France. In addition, this work discusses relevant international law, including the Berne Convention and the Beijing Treaty. The second part of this work addresses the history of the movie industry. More specifically, it concentrates on the history of the film industry in the United States, the United Kingdom, and France, observing how technological progress in filmmaking techniques have affected the rights of movie actors under both national and international law. The third part of this work proposes a Protocol to the Beijing Treaty that would create a mechanism to lower the barriers to justice that currently prevent performing artists from vindicating their rights. This work concludes with a reflection on the lessons that can be drawn from both the history and the current practices of the United States, the United Kingdom, and France with respect to the moral rights of performing artists, recommending that the three countries provide more significant protections to performing artists going forward
Vargas, John Charles. "A critique of Francis G. Morrisey's approach to alienation of church property." Theological Research Exchange Network (TREN), 2002. http://www.tren.com.
Full textChouquet, Marine. "Le domaine privé des personnes publiques : contribution a l’étude du droit des biens publics." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40050.
Full textThe private domain of public entities, which is the ensemble of public possessions inopposition to the public domain, is facing a deep mutation. Criterias of definition of private domain are changing, which leads to the insertion of new elements in this legal field and to a redifining of its role in public properties classification. The private domain can not be perceived anymore as an heritage that the administration uses in a private capacity. It undeniably has a role for the general interest by granting incomes to its owners or by giving them supports to achieve their assignements. The growing number of hypothesis where assets of the private field are used to non-financial aims lead us to suggest a scale of public interests these usages can lead to. This scale is aimed to reconcile a profit-driven approach with public action other objectives. This is shown by the definition of the system of private domain, which gives much importance to the fonction of preserving the economic value of a public asset while opening up to a logic of protection of its public interests fonctions which are supported by its assets. The mutation of the definition of the private domain draws a new legal system by joining the search for an economic exploitation of public assets with its protection imperatives where the definition of the public domain fails. We can consider to extend this new legal system to the field of public domain to try to counter the crisis it isfacing
Restrepo-Navarro, Paulina. "Le droit du patrimoine culturel colombien à l´épreuve de la restitution internationale des biens archéologiques : Quelle approche vis-à-vis des vestiges qui se trouvent à l´étranger ?" Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111007.
Full textIt has been more than twenty-five years since Colombia State ratified the 1970 Unesco Convention and one year later it ratified the 1995 Unidroit Convention. It is now relevant to evaluate Colombia’s cultural heritage law and its perception of the issues surrounding the international trade of archaeological objects and ownership transfer. If archaeological antiquities belong unmistakably to the Nation since 1991, their constitutional protection does not satisfy the nationalistic policy this source country would like to lead.The evaluation of cultural heritage law is a double issue. On the one hand, there is the problem of how the domestic laws are applied to archaeological objects within the national territory. On the other hand, there is the difficulty of implementing domestic legislation when the antiquities are abroad. It is therefore a question of assessing if Colombia’s cultural heritage legislation has a framework that is clear and precise enough to allow the State to succeed in its claims and of defining to what extent it can be reinforced by foreign authorities and courts.Furthermore, international treaties adopted in this field since the second half of the twentieth century seem insufficient to meet Colombia´s concerns. Practice has shown that the international fight against illicit trade is closely bound to domestic laws, either that of the requesting State or of the requested State. The litigation strategies that can be brought before French authorities and courts have been studied as an example.These conflicts concern several actors: States, indigenous people, art dealers and museums. Their different level of interests reveal the complexity of the relationships that can be built among these antiquities considered, according to the stakeholders’ point of view, as identity, sacred, artistic or scientific objects.Finally, the recent development of Colombia’s cultural heritage legislation seems to challenge the country’s relation with its archaeological objects abroad
Chiou, Theodoros. "Vers un droit européen des contrats d'exploitation de propriété intellectuelle." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA005/document.
Full textIntellectual Property plays an essential rοle in the modern economy based on innovation and intellectual capital. Exploitation contracts of IP rights are the legal instruments that allow the circulation of these assets and enhance their exploitation both at national and European level. This thesis discusses the question of improvement of the actual legal framework of exploitation contracts of IP rights in Europe. More precisely, it aims at demonstrating that, on the one hand, the insufficiency of the law of exploitation contracts is real and far-reaching and, on the other hand, that the insufficiency problem should be dealt with the transversal (re)construction of the specific legal framework of exploitation contracts in a European perspective. The analysis starts with the examination of the deficiencies of the status quo, as reflected in Greek, French, German, British laws, and European acquis and concludes with the recommendation of further steps to be taken for the construction of a true and consistent European law of exploitation contracts of IP rights
Richard, David. "De la propriété du sol en volume." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020045/document.
Full textThe concept of land property in the Civil Code, unitary by principle, has always been in difficulty when facing the ubiquitous “droit de superficie”, as evidenced by the never-ending doctrinal debates. The modern concept of property “volume” has responded to the social need for division of the land. However, with volume, real estate properties become incorporeal things and destabilize the classical theory of property, which is synonymous with corporeal things. This thesis defines a concept of land property appropriable and divisible relative to height, compatible with the Civil Code’s land law. For this, land, including the subjacent and superjacent domains, is perceived as part of the tangible world. This land is then comprehended in three dimensions via a geometrical approach. Land with three-dimensional significance corresponds to a new phase of conceptualization of the land that is more abstract. The physical part, however, which the concept refers to, ie the land, remains the same; only its representation has evolved. Applying this perspective, the land expressed as a volume becomes a unit appropriable on the model of land divided in two dimensions. Consequently, the concept of property in the Civil Code under its current wording, notably clause 552, but also 518 and 544, applies to land expressed as a volume as to a parcel. This property model able to divide the land vertically as well as horizontally is also capable to organize a land division comparable to a long lease. This complementary concept is based on clauses 553, 543 of the Civil Code. Developing the monistic thesis, the ownership of the land when seen as a volume reconciles the theory of the dean Savatier and the classical theory of property
Pacouret, Jérôme. "Qu'est-ce qu'un auteur de cinéma ? : copyright, droit d'auteur et division du travail (années 1900-2010)." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH084/document.
Full textWhy are motion pictures often attributed to authors – or “filmmakers” – while dozens of names and occupations appear in film credits? Following Foucault’s definition of authorship as a form of appropriation, this dissertation focuses on copyright law and authorship battles in order to explain the origins and existence of film authors. Rather than considering authors as the individuals who “make” movies or as a fiction overshadowing the collective nature of filmmaking, I show that the attribution of films to authors is the result of the division of filmmaking labor and its power relations. This research uses a sociohistorical perspective and a transnational approach centered on the United States and France, where film authors are not granted the same authorship rights. It shed lights on the national, international and transnational dimensions of the appropriation of motion pictures. This study starts when film authors first appeared in copyright law: as early as the 1900s.The first part of this dissertation focuses on the writing of motion pictures’ property rights from the birth of cinema to the passing of the French copyright law of 1957 and of the Copyright Act of 1976. After decades of battles, these laws provided different definitions of film authors and granted them with different rights. Using legal publications, congressional records and reports, as well as film journals, I study French and American laws as the results of a codification process shaped by preexisting law and by the cooperation and power relation between the actors who participated in their writing. The development of motion pictures’ property rights are the cause and consequence of the constitution of a space for negotiation between lawyers, public officials, politicians and film organizations. I explain that French and American copyright norms were structured by legal expertise, competition between lawyers, relations between film organizations and the unequal economic, legal and political power of these organizations. A study of the revisions of the Berne Convention for the protection of literary and artistic works also show the interdependency between national and international norms of film authorship and authorship.The second part of the dissertation study the appropriation of motion pictures as a social relation based on the division of filmmaking labor and social labor. Film authorship battles which started in the 1910s contributed to the creation of professional hierarchies and to the differentiation of film value from other forms of economic and artistic value. I use various writings of film professionals, along with other sources, to show that film authorship was shaped by various aspects of film production, dissemination and reception (including the power relations between film professionals, the diversity of film careers and the uses of authors’ names by film critics and audiences). To study the division of filmmaking labor, I use Pierre Bourdieu’s research on cultural fields, Howard Becker’s work on art worlds as well as scholarship on professions. The dissertation also shows that the professional hierarchies of motion picture production interrelate with various forms of domination common to other fields. This dissertation is meant to be useful for scholars interested in the history of copyright law, motion pictures, authorship, the division of (artistic) labor, professions and transnational approaches
Sporch, Da Costa Igor. "La fonction sociale de la propriété publique urbaine et les nouvelles conceptions de l'intérêt public : à la recherche d'une gestion des biens publics urbains adéquate au droit à la ville." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D092.
Full textThe research analyzed the current legal basis of urban public property in Brazil and its impacts on the management of urban public goods. In order to be successful, the deductive-interprative method was adopted, which was supported by bibliographical and legislative research in Brazilian sources and in the western Latin European states - Portugal, Spain, Italy and France. This indicates that the research in comparative law was one of the main methods employed. These elements allowed to construct a conceptual and exegetical scheme. Through it the semantic and normative contents of the categories "public interest", "right to the city", "social function" and "social function of urban public property" were defined and the interrelations between, them were demonstrated. Thus, the new theorizing about the public interest identifies it to the realization of fundamental rights, which allows to recognize urban publicproperty as a social function. After all, this proprietary species is justified by the participation of public goods in the realization of the right to the city, which indicates the impacts of the social function of urban public property. It complies with the prerogatives of public owners, non-owners and beneficiaries of little of private use of urban public goods. It determines the exercise of these prerogatives, the possibilities of affectation of these goods and justifies the democratization of the decision-making process about their destiny. Therefore, it can be affirmed that the results obtained with the research provide elements that allow to reconstruct the theory of urban public goods / urban public property and to establish paramaters for the proper management of these goods
Puget, Julien. "Les agrandissements d’Aix et de Marseille (1646-1789) : Droits, espaces et fabrique urbaine à l’époque moderne." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM3011.
Full textFrom two city expansion operations in the seventeenth century (Aix in 1646, Marseille in 1666), this research aims to understand the practical arrangements for production of urban space under the old regime, both in human terms and equipment.This study begins at ground level at the finest scale of urban materiality, the plot. From a cross-reflection on the rights of the land and property market, the challenge here is to understand the weight of structures and private legal mechanisms in urban process.Changing scale of analysis, a set of questions related to the building of the economy domain allows to highlight the economic, social and legal conditions surrounding the sites of construction. The goal here is both to identify the rules framing constructive activity and to determine the contours of the practice of individuals in this area. This axis induces a reflection on the structuration of a constructive public order at the end of the seventeenth century.Finally, this research addresses urban space in its larger whole, both hardware and administratively. From the institutional and public frameworks to carry out these operations, the issue of integration and management of these new spaces to the existing urban order came up
Mogade-Saint, Auret Willy. "La cession entre proches." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D085.
Full textThe system of transfer of the corporate holdings of the company applicable between members of the same family is certainly privileged. But the legislator only takes into account some of them namely, ascendants, descendants and some collaterals. However, shares or stocks are part of the family's patrimonial assets. This incorporation serves as a pretext for better management of the family patrimony, but also for its transfer within the family. The often unstated aim is the sustainability of the family business within the family. However, legislator still does not recognize all types of contemporary family patterns. And for good reason, the notion of family is not defined in law. Yet this definition would be very useful to submit the transfers between relatives to a specific regime. The consequence is that business practice has developed a lot of rules to allow family partners to either stay together in society or get out of it. Indeed, the vagaries of family life command shares disposal. These are often extra-statutory pacts that serve as a support for the sale of securities. The problem is that they only commit their signatories. In other words, non-signatory family members of these pacts are not affected by them. Yet they are part of the same company and the same family. Can they raise a challenge in court? Because in many ways, these pacts are often on the borderline of illegality, including the prohibition of pacts respecting a future succession. Could the transferor's freedom of assignment be prevented in the context of a family company? The element of response is undoubtedly in the consecration of the family pact, a new independent legal tool designed to effectively supplement the company statutes
Li, Xiaoshan. "La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020021.
Full textThe dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minority shareholders, and between the shareholders and the company or group of company. It is corporate profits and the principal of equality that direct legislators and judges to suggest applicable solutions.It is important to notify that in French law, legal provisions about the responsibility of majority shareholders or company leaders and the ways of resort of minority shareholders provide reference for improvement of Chinese law. Besides, the study of acquisition of chinese listed companies, looked from the angle of the protection of minority shareholders, very different from tender offer in French law, demonstrate the characteristics of Chinese stock market and deserve foreign investors’ enough attention
Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Full textThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
LAFARGE, Francois. "La souveraineté patrimoniale de l'Etat en question : l'évolution du rôle de l'Etat das les systèmes juridiques français et italien de protection des biens culturels." Doctoral thesis, 2003. http://hdl.handle.net/1814/4684.
Full textExamining Board: M. Jacques Ziller, Directeur de thèse ; M. Mario P. Chiti, Codirecteur de these ; M. Pierre-Laurent Frier, suffragant ; M. Yves Mény, suffragant
First made available online on 5 March 2015.
Cette introduction est organisée en trois parties. La première est consacrée à la formulation de l’objet de ce travail, la seconde a trait à la méthode qui a été employée pour le réaliser et la troisième présente la forme dans laquelle il a été réalisé, c’est-à-dire le plan. En France et en Italie, du point de vue des droits positifs, la souveraineté appartient à la nation ou peuple. Parler de la souveraineté de l’Etat n’est possible qu’en tant que "raccourci", dès lors que, dans ces deux pays, l’Etat est l’organe qui agit au nom de peuple ou de la nation. La notion de souveraineté de l’Etat au sens qu’on vient de préciser a fait l’objet d’un grand nombre de définitions et de distinctions. Mais ce qui nous intéresse ici n’est qu’un aspect de cette souveraineté. Cet aspect est la capacité à dire le droit, à savoir la juris dictio. Comme l'a rappelé G. de Vergottini, « un des aspects essentiels de la souveraineté consiste dans la capacité à produire des normes juridiques ». A la suite d’un phénomène lent mais continu de centralisation du droit, cette capacité est devenue une capacité totale dans le sens où la souveraineté juridique d’Etats tels que l’Etat français et l’Etat italien signifie que ces Etats disposent du monopole du droit, du monopole de la juris dictio. Cette situation a d’ailleurs été qualifiée d’étatisme juridique ou d’absolutisme juridique.
Hinchliffe, Sarah Aranka. "Opus Wine: An Optimum Framework For The Wine Industry Within A Supply Chain." Thesis, 2017. https://vuir.vu.edu.au/42232/.
Full textSantos, Jacqueline. "Harmonisation de l'indication géographique dans la Loi de la propriété industrielle du Mexique." Thèse, 2012. http://hdl.handle.net/1866/8794.
Full textLocal products occupy a privileged place in the preferences of consumers who are more and more interested in knowing the origin and the quality of the products they consume. Mexico has a great variety of “terroir products”, learned and passed on to producers from generation to generation, but some of them lack protection or their protection is ineffective. Mexican producers oftentimes live in marginal conditions, and the imitation of their products results in a reduction in sales. They are often forced to change their trade. This situation puts the national patrimony in jeopardy due to the abandonment of traditional knowledge, which represents the identity and cultural diversity of the Mexican nation. The « Ley de la Propiedad Industrial » (LPI) provides for the appellation of origin and the collective mark as mechanisms of protection; however, they are not always adequate to ensure an effective protection of “terroir products”. Our goal is to analyze whether the inclusion of the geographical indication in the LPI will strengthen the registration of “terroir products” that are at risk of disappearing. This study thus highlights the need to revise the LPI to better reflect the needs and realities of Mexico.