Dissertations / Theses on the topic 'Réalisation du droit'
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Médard, Inghilterra Robin. "La réalisation du droit de la non-discrimination." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100038.
Over the last decades, anti-discrimination law significantly expanded and appears now as a wide body of rules. Founded upon a main prohibition (the prohibition of discrimination) and a right to be exercised (the right to be free from discrimination), ATD law is subject to a continuous growth, as the abundance of protected grounds attests. While its normative requirements increase, the social behaviours show in contrast one of its main challenges: its lack of effectiveness. The credibility of law as well as the protection of victims are then strained and lead up to conceive a tailor-made policy to support the realization of law.Such an ambition plainly exceeds the sole capacity of lawmakers. As ATD law mainly consists in referring illegitimate treatments to the courts, it considerably unloads the process of realization on the victim. She is the one who must legally qualify the situation she experienced and then claim her right by engaging through a judicial combat in order to obtain redress. The law is, however, no stranger to this process, and frames it. Beforehand, its design shapes the qualities of the tool made available to stakeholders. Afterwards, the way it deals with the proceedings determines the ability of courts to satisfy a rightful claim. Therefore, it is required to enter into a critical examination of the ways whereby normative authorities seize the legal factors of realization. While the analysis reveals some shortcomings, it exposes at the same time some unexploited areas that ATD law could explore
Krych, Hervé. "Les idéaux du droit des contrats : identification et réalisation." Reims, 2001. http://www.theses.fr/2001REIMD006.
The contract law purses ideals : "ultimate aims whose realisation is difficult". The ideals of the contract law are numerous. Some of them are natural, they impose themselves upon the authors of the contract law. These ones can only realise the ideals on the juridical plane. For example of natural ideals : ideal of justice, ideal of usefulness and ideal of moral. The other ones are positive because their juridical realisation and their origin are only at work of the authors of the contract law. For example, ideal of protection, ideal of equality, ideal of liberty and ideal of security. The juridical realisation of the ideals of the contract law is ensured by all the rules which make up the contract law. Every rule works towards realising the ideals of the contract law. The realisation can be cyclical or structural. The juridical realisation of the natural ideals is structural, the juridical realisation of the positive ideals is cyclical
Porta, Jérôme. "La réalisation du droit communautaire : essai sur le gouvernement juridique de la diversité." Paris 10, 2006. http://www.theses.fr/2006PA100155.
The European integration is now criticized. The qualities of the integration model are difficult to evaluate. The notion of implementation can be a useful help of analysis for its analysis. The existence of rules on the realization of the European Law is remarkable. The need for such a framing of the realization of the legislation can be explained. The condition of the European legislation is different from state Law: the European law does not have the means of its own realization, which depends of the co-operation of the Member States. The study of this rules and requirements, on the concretization of the European legislation, implied a reflection on an unusual theme. It imposes to open the black box of the legal thinking. The realization is generally defined as an application of rules, as an mechanical operation. This poor representation of the concretization of the European legislation seems not to be compatible with the European requirements of effectiveness
Martin, Philippe. "La contribution du droit communautaire à la réalisation d'une Europe sociale." Bordeaux 1, 1993. http://www.theses.fr/1993BOR1D011.
Social europe is an idea that has been developped in the political field, but it is also an object that the law tries to deal with. The european community law, as an instrument of the community policies, but also as the basis of the ec system seems - at first - to be limited to the realization of some social aspects especially provided by the treaties. In fact, the ec law contains a process of integration of the national socialsystems. The effects of this process can be evaluated for some of them : with the creation of a common market of labour, ec law deals with the workers' situation in this market : workers are given suprenational rights. Moreover, ec law is led to produce effects on national systems, but also on the community institutions system itelf. This is the emergence of a kind of "european social order", which is still placed under the economical order of the market
Séjean-Chazal, Claire. "La réalisation de la sûreté." Electronic Thesis or Diss., Paris 2, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247191710.
Up until the order of 23 March 2006 on security rights, a creditor aiming at realizing his surety had to resort to the procedures of execution available to any creditor in order to implement his general right of pledge. The effects of the real surety would manifest only after the execution sale of the encumbered property, through the preferential satisfaction of the creditor during the proceedings of the price distribution. The 2006 reform of the law of security rights has altered this situation by generalizing the judicial attribution and by legalizing the conventional attribution of the encumbered property. These modes of realization are deemed to be simpler and faster than the traditional enforcement proceedings, but also more efficient to shut out the other competing secured creditors. From now on, the creditor benefiting from a real surety is favoured as soon as he exercises his rights against the defaulting debtor. In order to exercise his power of constraint, he may rely on all the enforcement proceedings that are specific to the real surety. The legislator has carefully provided guidelines to use these attribution techniques to protect the interests of the debtor. However, the legal framework applicable to these modes of realization deserves to be adjusted in order to improve their legal certainty, their efficiency, and therefore their attractiveness. The effects of these modes of realization against the competing secured creditors of the recipient are not completely clear. Attribution is often presented as a technique that ensures the plaintiff an exclusive satisfaction, while the competing creditors’ claims are redirected on a hypothetical consigned remainder. Although the other creditors cannot take part in the procedure, nothing justifies that their rights be undermined. It is therefore important to determine how to reconcile the optional attribution of the encumbered property and the rights of the competing secured creditors
Nambila, Ange. "Conception et réalisation d'un logiciel didactique destiné à l'enseignement du droit." Montpellier 2, 1986. http://www.theses.fr/1986MON20188.
Kwon, Sea-Hoon. "La réalisation des villes nouvelles en France et en Corée." Paris 1, 2009. http://www.theses.fr/2009PA010289.
Dols-Magneville, Mathilde. "La réalisation des sûretés réelles." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10074/document.
The decree of the 23rd of March 2006 and bankruptcy and fiducy Acts deeply reformed the French security rights, specially their realization. The legislator had several aims. He tried to ensure to the creditor the efficiency of his security and to protect the debtor’s and third parties’ interests. He also targeted to strike a balance between efficiency and protection. Due to the reform, securities in the form of real or personal property become closer and a common set of rules is emerging. Raising a common set of rules is one of the ways to achieve the legislative aims. On one hand, to raise the efficiency of his security rights, the creditor has an option. In case of debtor default, the way to realize the security can be chosen. The creditor can be alternatively satisfied by a priority right or an exclusive right. On the other hand, debtor and third parties’ protection is based on the respect of their economic interests, their human dignity and on legal certainty. In this way, creditor’s option and satisfaction are limited
Séjean-Chazal, Claire. "La réalisation de la sûreté." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020069.
Up until the order of 23 March 2006 on security rights, a creditor aiming at realizing his surety had to resort to the procedures of execution available to any creditor in order to implement his general right of pledge. The effects of the real surety would manifest only after the execution sale of the encumbered property, through the preferential satisfaction of the creditor during the proceedings of the price distribution. The 2006 reform of the law of security rights has altered this situation by generalizing the judicial attribution and by legalizing the conventional attribution of the encumbered property. These modes of realization are deemed to be simpler and faster than the traditional enforcement proceedings, but also more efficient to shut out the other competing secured creditors. From now on, the creditor benefiting from a real surety is favoured as soon as he exercises his rights against the defaulting debtor. In order to exercise his power of constraint, he may rely on all the enforcement proceedings that are specific to the real surety. The legislator has carefully provided guidelines to use these attribution techniques to protect the interests of the debtor. However, the legal framework applicable to these modes of realization deserves to be adjusted in order to improve their legal certainty, their efficiency, and therefore their attractiveness. The effects of these modes of realization against the competing secured creditors of the recipient are not completely clear. Attribution is often presented as a technique that ensures the plaintiff an exclusive satisfaction, while the competing creditors’ claims are redirected on a hypothetical consigned remainder. Although the other creditors cannot take part in the procedure, nothing justifies that their rights be undermined. It is therefore important to determine how to reconcile the optional attribution of the encumbered property and the rights of the competing secured creditors
Segnou, Manto Nadege. "La réalisation de l'indivisibilité des droits de l'Homme : Etude de cas des systèmes africain et européen des droits de l'homme." Thesis, Saint-Etienne, 2015. http://www.theses.fr/2015STETT122.
The distinction between civil and political rights on one hand and economic, social and cultural rights on the other hand is relative as asserts it Patrice Meyer Bisch in his work named : The indivisibility as the principle of interpretation and implementation of human's rights, appeared at the academie publishing of Fribourg in 1992. The classification criteria of these two categories of rights are little rigorous and testify of the contingency of the distinction. In reality, these criteria shows a ceriain dependence to one another class of rights, leading to an ineffectiveness towards the rights as we want to subordinate that of those whom we want to favor. Conscious of the interactivity between these different classes of rights, the judge becomes aware of the need to redefining his office, finding the way to show mutual dependence between the two classes of rights and ensure the effectiveness of the rights both civil and political, than economie, social and cultural
Petit, Jean-Claude. "Les essais cliniques extra-hospitaliers : objectifs, réalisation, perspectives." Caen, 1990. http://www.theses.fr/1990CAEN3107.
Comanzo, Sylvie. "Les coproductions cinématographiques et audiovisuelles internationales." Dijon, 1997. http://www.theses.fr/1997DIJOD004.
An international coproduction is an association of producers from different countries. Their role consists in finding talents and raising funds in their own countries, in order to jointly exploit a coproduction. Coproduction contract clauses, international treaties and case laws define the way coproduces raise funds and the way the proceeds of the film are distributed to the various beneficiaries. The notion of coproduction is ambivalent: from the one hand, it implies intense collaboration, but on the other hand, each beneficiary distrusts the other since the protection of his rights and interests is involved. Many questions arise: what is the legal nature of the coproduction contract, what rights do the beneficiaries have on the proceeds of the film, which legal procedure applies to such an undertaking: is the Anglo-American "trust" adapted to the distribution of profits to investors?
Zhekeyeva, Aiman. "La souveraineté et la réalisation de la responsabilité internationale des Etats en droit international public." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00675942.
Tupiassu-Merlin, Lise. "Recherche sur le droit à l'environnement : contribution de la fiscalité à sa réalisation : le cas brésilien." Toulouse 1, 2009. http://www.theses.fr/2009TOU10035.
O objetivo deste trabalho é demonstrar que a inclusão do direito ao meio ambiente na ordem juridica não é algo sem conseqüências. O trabalho descreve o caminho percorrido pelo direito ao meio ambiente, de sua afirmação enquanto direitos humanos aos instrumentos teoricos e praticos que servem à garantia de sua efetividade, dentre os quais se inserira a tributação. Tendo por base teorias normativas e politicas, descobre-se as caracteristicas do direito ao meio ambiente enquanto principio juridico e direito fundamental de terceira geração. A consagração desse direito implica não apenas um dever de proteção da natureza, mas também uma obrigação imposta aos poderes publicos de forcener condições ambientais dignas a todos os individuos através da implementaçao de politicas sociais. Dentro dessa perspectiva, a tributação adquire um papel especial em razão de sua relação obrigatoria com a realização dos direitos fundamentais. Ela contribui para a implementação de politicas socio-ambientais. Estuda-se na segunda parte deste trabalho a utilização pratica da tributação para a concretização de uma melhoria da qualidade de vida dos individuos. O exemplo das reformas fiscais verdes e do duplo dividendo que elas propiciam são analizados. Enfim, o estudo culmina com uma analise sucinta da tributação ambiental brasileira e da experiência do ICMS Ecologico, instrumento tributario de redistribuição de valores adotado em varios estados brasileiros, que torna possivel a contrução de um novo modelo de desenvolvimento sustentavel
Kouendze, Ingoba Titine Pétronie. "La prise en compte de la diversité culturelle dans la réalisation des finalités pénologiques de paix et de réconciliation en droit international pénal." Doctoral thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/66291.
This thesis focuses on the current problem of the purposes of sentencing, in particular the possibility for justice to contribute to the purposes of peace and reconciliation. The legal question raised by our thesis is first, whether peace and reconciliation can be identified as specific purposes of the sentence in international criminal law, and second, how the sentence can achieve these purposes. In response to these questions, we hypothesize that taking cultural diversity into account can enable the sentence to contribute effectively to the achievement of these specific goals. International criminal law is for the time being in a positivist perspective, which could be described as "legalist". The aim of this research work is to place the analysis of the sentence in international law in a perspective that considers cultural diversity, and thus highlights the link between the sentence and culture. Taking into account the cultural diversity of criminal concepts will make it possible, on the one hand, to enrich the criminal practice of international criminal courts and, on the other hand, to enable each cultural community to identify itself with them and each society to find answers to its particular concerns.
Mathieu, Fedora. "La réalisation du droit au logement par les acteurs non-étatiques de l'humanitaire en contexte post-catastrophe: Le cas haïtien." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31544.
Bienfait, Stéphanie. "Les relations entre les acteurs du contrat de conception-réalisation." Nice, 2000. http://www.theses.fr/2000NICE0027.
Marot, Céline. "Les aspects juridiques et fiscaux de la réalisation d'une opération de "owner buy out" (OBO)." Toulouse 1, 2008. http://www.theses.fr/2008TOU10020.
Four hundred and fifty thousand small and medium-sized enterprises are expected to be transferred in France over the next ten years, due to the retirement of their directors. This network of businesses, a generator of employment, is vital for the French economy. It is therefore vital to preserve them. However, many of these small and medium-sized enterprises could disappear due to insufficient preparation for their transfer, making this a real economic challenge for the years to come
Bolard, Vincent. "L' équité dans la réalisation méthodique du droit privé : principes pour un exercice rationnel et légitime du pouvoir de juger." Paris 1, 2006. http://www.theses.fr/2006PA010259.
Coudrais, Maud. "Analyse empirique et théorique des obstacles à la synthèse entre technique juridique et justice particulière et des moyens de sa réalisation." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32042.
The study of the connections between Legal Technique and Particular Justice in Aristotle’s sense reveals their possible contradiction. On one hand, taking into account the formal dimension of Legal Technique can obstructs the fulfilment of Justice. On the other hand, and conversely, taking into account the material dimension of Justice sometimes leads to the non compliance with the formal constraints of Legal Technique. The synthesis of Legal Technique and Justice involves as much a theoretical effort as a practical one. The conceptual separation of means and end must be abandoned in favour of a conception of Legal Technique wich includes its end. Finally, the interdependence and the complementarity of the sources of Legal Technique must be more recognized and ensured
Scollo, Martine. "Le droit au développement personnel au sens de la Convention européenne des droits de l'homme." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10054.
The right to personal development was established, a little more than a decade ago, by the European Court of Human Rights in the area of the right to respect for private life, as an extension of the recognition of a protection of the existence of the individual within the social sphere. It will begin and continue to develop through a dynamic and evolving jurisprudence dealing with issues related to transformations and upheavals that drive social environments in which the European Convention is intended to apply. It is formally unfolding exclusively in the jurisprudence on the right to respect for private life, alongside notions with which it maintains a consubstantial relationship. These notions seem to operate as a unit, nested in a formulation underlying a common goal that, in terms of cases in which the European Court uses them, seems to relate to the respect, preservation and even the development of the quality of life and well-being of the individual. However, this relationship is not constant and varies in the reasoning of the European Court, according to the cases submitted for its consideration. The right to personal development thus appears to be a complex notion, with two distinct facets, though not necessarily a priori irreconcilable. It is indeed characterized by specific legal translations and also seems to be a concept assuming a more general function of a more abstract nature. Due specifically to its general character, it seems, to a certain extent, to resonate in the jurisprudence of other provisions of the text of the Convention. From this perspective, it seems likely to contribute to the development and coherence of the European system for the protection of human rights, sometimes concretely, sometimes less tangibly yet, in both cases, particularly comprehending the spirit of the Convention text
Faessel, Nicole. "Contribution à l'étude des radios locales privées en France : l'expérience des radios locales privées en Lorraine." Nancy 2, 1987. http://www.theses.fr/1987NAN20002.
This thesis is a study on the application in lorraine of the laws concerning private local radios. After having broadcasting in parallel to the state monopoly, and this in total anarchy, the so-called "free" radio stations were legally acknowledged only after the presidential elections of 1981, when a government with a socialist majority was appointed. The diverse obligations that they were imposed (either technical or concerning their programs) overwhelmed them with financial difficulties. As soon as the haute autorite (high authorities) of audiovisual communications authorized it, they received subsidies through the fonds de soutien a l'expression radiophonique locale (support funds for local radio expression) that was created to this effect. Advertising was legally forbidden, so they found different ways to finance themselves in order to survive. The law passed the 1st of august 1984 finnaly accorded them the right to advertise, but only if they set themselves up in small or average sized fims. But the partnership sector continued to exist, and, in the face of this legal emptiness, a third category devleopped, part-partnership, part-firm. The election in march 1986 of an assemblee nationale (national parliament) with a reght-wing majority (udf rpr) saw through the voting on the 30 th of september 1986 of the leotard law. Amongst other things, it replaced the haute autorite by the commission nationale de la communication et des libertes (national communication and rights commission). The will to organize the freedom of audiovisual communication still comes up against a fundamental difficulty : how to reconcile the freedom of the broadcasting stations with the freedom of the listeners, who have a right to maximum "listening comfort", both "materially and morally" ?
Putti, Charline. "Les obligations internationales des États en matière de droits économiques, sociaux et culturels : l’édification d’un régime obligataire spécifique aux droits à réalisation progressive." Thesis, Aix-Marseille, 2020. http://theses.univ-amu.fr.lama.univ-amu.fr/200214_PUTTI_762j261xonwce793ri606qm_TH.pdf.
The formalization of International human rights law has endorsed the assumption that civil and political rights and economic, social and cultural rights (ESCRs) do not call for the same type of protection. The consecration of the ESCRs also reflects the realistic acceptance that the lack of resources and the inertia of the state can hinder the full implementation of economic, social and cultural rights, the result of which is the concept of "progressive realization" of these rights. This progressive clause, although well founded, has particularly unclear expressions and notions that make its analysis complex. Obligations in economic, social and cultural rights are thus misunderstood and these rights continue to be equated with long-term goals or with simple social justice aspirations. This "concept" of progressive realization, yet extremely important in the interpretation of obligations related to economic, social and cultural rights, is difficult for the protection bodies to grasp since it is likely to hinder the identification of obligations immediately due. Also, ESC rights obligations were first brought closer to those on civil and political rights in order to establish the legality of so-called "second generation" rights. The thesis underlying this work is that of the need to build a bond regime compliant and specific to the implementation requirements of DESC progressive realization. If the so-called complexity of the implementation of ESC rights can be a reason for the inaction of the State, transposed into a specific, understandable and immediately exigible bonding regime, it is the preferred way to prevent it
Felder, Alexandra. "Activités, temporalités et processus de subjectivation pendant la procédure d'asile." Paris 7, 2011. http://www.theses.fr/2011PA070090.
The focus of this thesis, situated within a psycho-sociological approach, is the way in which the various activities carried out in the social field may constitute a means towards subjectivation for asylum seekers. Life circumstances of asylum seekers are subjected to a legal and institutional overdetermination: arbitration processes towards an inclusion or exclusion from the arrival society, handling and follow-through by social services, limitation of the freedom to choose one's activities, namely regarding employment and education. The stigmata derived from the legal status calls for the daily devising of strategies. The displaced subject finds him/herself in a personal transition process, the modalities of which are difficult to control. The study carried out in Geneva, Switzerland, amongst applicants for asylum status is framed by a clinical approach of the act of listening, which conceives of speech as an activity in itself, opening up the possibility of a co-production of a certain coherence, historicity, "narrative identity". The longitudinal follow-up enables the reconstitution of subjects' chronological journeys through activities. By calling on the theories of action and activities, we show how processes of subjectivation and personalisation can emerge through a « doing together». Activity allows the weaving of one's self into the social field and makes it possible for another temporality than that prescribed by the asylum procedure to emerge. It mediates the link to the environment, to others and to one's self, by accommodating a space other than that assigned by the "asylum seeker" status
Fu, Chao. "La sûreté flottante dans une perspective de droit comparé." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020008.
Floating security is a conventional security encumbering a category of property, often the entire undertakings of the debtor, which can only be a legal person. Before the crystallization, the debtor remains free to dispose of its assets in the normal course of its business. It has particular characteristics, but cannot be defined precisely by necessary and sufficient criteria.Through the examination of the floating security, this dissertation highlights certain trends in the development of security interests in property. The security interest can guarantee the performance of debt, but also facilitate the financing of business. The object of security interest (in broad sense) has been enlarged from real property to personal property, from tangible assets to intangible assets, from present assets to future assets, from specific assets to the pool of assets (fund), from static assets to circulating assets. There is a relaxation of the accessory principle and the specialty principle. There is an increased contractual freedom in security interests, this freedom pierces from time to time the numerus clausus. The management and supervision function of security interest has become more significant. This dissertation highlights also the emergence of the notice filing registration approach and the flexibility of the required information to register. The conventional (out-of-court) enforcement of security has taken an important place in the enforcement of security interests in property
Seri, Bi Neatien Urbain Victorien. "Contribution à l'étude de la Couverture maladie universelle (CMU) au prisme du droit à la santé en droit social ivoirien." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0013.
Access to health care, particularly for the poorest, is a central concern in all national political and legal systems. The issue is more acute on the African continent, where there are few health coverage mechanisms. The various Universal Health Coverage projects initiated in a number of African countries are attempting to provide solutions, but are still struggling to get off the ground. This has been the case in Côte d'Ivoire since law no. 2014-131 of 24 March 2014 instituting Universal Health Coverage came into force on 1 October 2019. Apart from salaried workers and civil servants, both active and retired, people are slowly and painstakingly integrating the CMU, despite the fact that it is compulsory for everyone. It has to be said that the project is the subject of criticism and little support from the population. It is also flawed by its provisions, which fuel these criticisms, in particular the length of the waiting period imposed on the insured, the compulsory nature of professional activity for foreigners, and the lack of openness to other forms of medicine such as traditionalmedicine. That said, if the fundamental right to health is to be exercised in an environment characterised by a large informal sector and a predominantly poor population, a compulsory, solidarity-based risk-pooling system such as the CMU is needed. What remains to be done is to determine the appropriate model, particularly in terms of funding, so as to match its universal objective with the context in which it is implemented
Michel, Claire-Anne. "La concurrence entre les sûretés." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D072.
During 20th century, number of securities increased. The question then arises of the relations of such securities between them and their future. According to a classical approach, security-models -guarantee, pledge and mortgage – would be in crisis and compete with new securities – securities of substitution -, which are destined at the end to benefit from a monopoly. However, this analysis is based on questionable postulates; the question must then be considered in another way.It is firstly necessary to determine if lawmaker and jurisprudence are favorable to the existence of this competition. The question is political. It reveals the reluctance of this competition for security law : regarding real securities, a competition does exist, but it is kept at bay, so that security-models are not threatened.It is then necessary to compare the essential characteristics of securities to determine if they are substitutable. It is a technical question. It does not allow more to characterize the existence of a competition : it is impossible between the techniques of personal securities, whether because such techniques are not substitutable, or because only one security has been created; between the techniques of real securities, reforms erode the distinctions between them, the competition is therefore disappearing.Security law is therefore opposed to any competition ; the survival of security-model is not threatened
Serfaty, Vidal. "Les droits dérivés de l'oeuvre audiovisuelle." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020075.
The connection between the audiovisual work and the derivative rights sets out two opposing trends. The first of these trends is that of autonomy. Indeed, some derivative exploitations involve works such as titles and characters that are granted an independent protection of the one granted to the audiovisual work. This movement becomes more pronounced when titles and characters are subject to trademark applications, because the function of the trademark is different from that of copyright. The cumulative protection creates interactions between the rights, both in their existence and in their exercise. A final expression of this autonomy is the exclusion of the derivative rights from the scope of the presumption of assignment of exploitation rights in the audiovisual work to the producer. This exclusion is mainly justified by the fact that the purpose of derivative rights is to authorize the creation and the exploitation of new works. However, and its the second trend, derivative rights remain in many ways related to the audiovisual work. First, the common property of the audiovisual work implies consent of all the joint authors to its adaptation. Then, the freedom of the adapter is limited by the moral right of integrity which forbids the distortion of the audiovisual work’s substance. Finally, the practice reveals that the producer stands as a pivotal character of the exploitation of the rights in the audiovisual work. Taking the initiative of investing in the creation, the producer, in order to extend the field of profit-making, will seek to obtain from the authors the transfer of derivative rights and conclude sublicence agreements with third parties
Sicot, Julien. "Les participations en nature dans la fiscalité de l'urbanisme." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10041.
The taxation of town planning comprises in its centre the participations in kind. We identified the masbeing the free transfers of ground and the participations for the realization of work. They do not have actually any the characteristics of the modern taxation. Genuine sui generis mechanisms, these participations have a legal nature with difficulty indentifiable. However the study of jurisprudence makes it possible to requalify them in contract. Besides complexing our legal landscape and the matter, the participations in kind are not easily reconcilable with some principles of the substantive law, in particular the property right and the right of the public contracts. There form of the taxation of the town planning of December 29th, 2010 wanted to make this taxation more readable and more productive. This goal is partly achieved. This reform is incomplete since some participations, in particular those in kind which are most criticizable with our direction, remain. Only the free transfers of grounds of the R332-15 article of the code of town planning were censured during two procedures of priority question of constitutionality
Da, Lozzo Michaël. "La réalisation de l’accès à la justice dans l’Espace européen de justice : une contribution à la résolution des litiges commerciaux transfrontières." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10033/document.
The European Union experiences a growing number of cross-border commercial disputes (between professionals or between a professional and a consumer). These litigations shall be resolved at the demand of the claimant, so s/he can enjoy his/her substantial rights. Hence, it is essential to guarantee access to justice, whether public or private, within this European area of justice. To this end, the EU has a shared competence to adopt rules facilitating access to justice (art. 67 §4 Treaty FEU). Considered as an objective and a fundamental right, access to justice shall be realized through judicial cooperation law of the Union. This analysis shall reveal its richness as well as its lacuna. Therefore, one must determine how the European area of justice shall reach this objective of access to justice to allow the settlement of cross-boarder commercial disputes
Ganem, Pierre-Henri. "Stratégies contractuelles des firmes aux fins de "sécurisation" d'investissements internationaux et volontarisme politique des états comme forces créatrices de droit dans les rapports transnationaux : la pratique des grandes firmes d'aluminium dans le montage et la réalisation de projets miniers et métallurgiques principalement en Afrique : 1953-1994." Paris 10, 1994. http://www.theses.fr/1994PA100171.
André, Étienne. "Les actifs incorporels de l'entreprise en difficulté." Electronic Thesis or Diss., Lyon, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201150.
The mutation of the economy has fundamentally transformed wealth by disembodying it. This has led to the increase in intangible wealth within companies and, incidentally, when they experience difficulties. The concept of intangible assets places centers on value and refers to both a legal and economic reality. This approach reveals their exceptional character in a context of default by observing operations related to valuation and transfer. On the one hand, the valuation of intangible assets is defective, revealing the shortcomings of French accounting, which struggles to translate the value of these assets, and more broadly, highlights the limits of the methods used to value these assets in a difficult context. On the other hand, the transfer of intangible assets is made more complex by the methods of sale or guarantees provided. Thus, the exceptional nature of intangible assets makes them difficult to master. However, solutions can be found in law governing companies in financial difficulty. An index for measuring intangible assets can already be based on value and its interaction with business operations. Some intangible assets, such as software or client files, are directly correlated to the company's activity and tend to devalue as the company's difficulties arise. Other intangible assets, such as receivables and social rights, based on elements external to the company, do not automatically lose their value in the event of difficulties. The division of intangible assets can therefore be made between those intangible assets whose value is established based on exploitation, and those whose value is not directly related to it. Consideration of valuation and transfer operations in relation to intangible assets has led to changes in the law governing companies in difficulty. It is essential to take these developments into account. The growing importance of intangible assets within companies in difficulty must not be ignored at the risk of weakening them further and undermining the judicial framework for such companies
André, Étienne. "Les actifs incorporels de l'entreprise en difficulté." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3076.
The mutation of the economy has fundamentally transformed wealth by disembodying it. This has led to the increase in intangible wealth within companies and, incidentally, when they experience difficulties. The concept of intangible assets places centers on value and refers to both a legal and economic reality. This approach reveals their exceptional character in a context of default by observing operations related to valuation and transfer. On the one hand, the valuation of intangible assets is defective, revealing the shortcomings of French accounting, which struggles to translate the value of these assets, and more broadly, highlights the limits of the methods used to value these assets in a difficult context. On the other hand, the transfer of intangible assets is made more complex by the methods of sale or guarantees provided. Thus, the exceptional nature of intangible assets makes them difficult to master. However, solutions can be found in law governing companies in financial difficulty. An index for measuring intangible assets can already be based on value and its interaction with business operations. Some intangible assets, such as software or client files, are directly correlated to the company's activity and tend to devalue as the company's difficulties arise. Other intangible assets, such as receivables and social rights, based on elements external to the company, do not automatically lose their value in the event of difficulties. The division of intangible assets can therefore be made between those intangible assets whose value is established based on exploitation, and those whose value is not directly related to it. Consideration of valuation and transfer operations in relation to intangible assets has led to changes in the law governing companies in difficulty. It is essential to take these developments into account. The growing importance of intangible assets within companies in difficulty must not be ignored at the risk of weakening them further and undermining the judicial framework for such companies
Guillemin, Jean-François. "Les objectifs et réalisations du droit français de la concurrence face au défi de la libéralisation des prix." Paris 2, 1986. http://www.theses.fr/1986PA020037.
Vinckel-Roisin, Hélène. "Réalisations "originales" de l'après-dernière position en allemand contemporain : projection à droite et adjonction." Paris 4, 2004. http://www.theses.fr/2004PA040026.
Contemporary German counts many original postfield constructions. Following what aim does a speaker make use of these constructions? Which criteria can be used to create a taxonomy of the original occupants of postfield constructions, those non-verbal constituents of an utterance which one wouldn't expect in such a position? Relying on syntactical, prosodic, communicative and even rhetorical data, three chapters attempt to answer these questions. The state of the art of literature about the Nachfeld / postfield and the different original occupation forms it takes (Ausklammerung, Nachtrag, Rechtsversetzung), found in Chapter 1, reveals a flood of terminology as well as a large number of divergences between linguists. These observations have led to redefining the postfield at the beginning of Chapter 2, using a corpus of political speeches. With E. Faucher's theory of demarcation (1984) as a backdrop, the postfield is defined as the space located after a final break at the level of the utterance. This space can be filled by a constituent resulting from a right projection or an addition. These two discursive devices, although syntactically and prosodically different, are used for identical rhetorical purposes (Chapter 3). Whether it be for completeness or convincing, the postfield is a strategic position at the level of both the text and the argumentation
Boudet-Dalbin, Sophie. "La distribution des films par internet : enjeux socioculturels, économiques et géopolitiques." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020102/document.
With the growth of the Internet, the future of cinema is at stake. ICT ushers in a new era whose main characteristic is the instant transportation of immaterial data. The way society, the economy and copyrights work is undergoing dramatic shifts. New uses of technology are swiftly embraced and the volatility of models demands an adjustment of strategies so that technological development does not clash the right of owners’ fair payment. Territoriality is disappearing as a notion and property is being questioned as a concept. The State tries to adjust the different legislations in force and engages in a race against digital technologies. As for the industry itself, it is progressively forsaking its defensive stance and is striving to develop innovative offers and services. But the sequencing and the emergence of numerous new actors who do not participate in the financing of creation, call for modern and supranational solutions. While legal and regulatory frameworks need to evolve in order to sustain and encourage the distribution of on demand films, it is also urgent to collectively conceive a way for the digital natives’ new practices to contribute to a balanced support to production, which represents a fundamental condition to ensure the continued existence of cinema. This multidisciplinary research aims at finding actual solutions that will be able to overcome stereotypes as well as reconcile the motivations and constraints of the various actors: industries, creators, audiences, governments
Zarka, Samuel. "L’équipe de cinéma : genèse et portée de la qualification du travail dans la production cinématographique en France, 1895 - 2018." Thesis, Paris, CNAM, 2019. http://www.theses.fr/2019CNAM1256/document.
This thesis intends to show the construction of professional qualifications in movie teams in France, over a long period. These groups of workers are observed through the recurrent question of the professional quality of their members, such as the director, the cinematographer, the production manager, and their auxiliary technicians. This quality includes several dimensions, such as the skills, the remuneration or the representations attached to it. In doing so, the inquiry focuses on the recognition and articulation of these dimensions: how is qualification defined and recognized? By whom and according to which determinants? How does the qualification evolve over time? What relationship is established between the qualification and the other sectoral institutions? Through a sociohistorical approach, the thesis shows that the qualification is constituted as a recurring challenge, involving the access to employment, the definition of hierarchies and professional perimeters, mobility in the career, etc. At the same time, the thesis shows how qualification is building a broader claim to the future of the industry
Tonnellier, Aurore. "Le statut juridique du site internet." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020068.
What is the legal framework regulating the web site? The main purpose of this question is to invite the reader into the world of web sites and the surrounding legal regime. The doctoral law thesis aims to shed light on the specificities of the web site’s legal framework. The thesis is divided into two parts: the first part is dedicated to the legal provisions of web site development and the second part is dedicated to the provisions of web site processing. The first part of the thesis, dedicated to the development of web sites, studies the different types of contracts related to web sites including web site development and design contracts, hosting contracts, search engine optimization, and content management system contracts. In addition, it delves into the web site’s requirements: legal web site registration, domain name, legal information and the independent administrative authority protecting privacy and personal data (CNIL), and last but not least the relationship website-copyright. The second part of the thesis, dedicated to the management of web sites, studies online communication, e-commerce, the relationship web site-advertisement, and digital business assets. This doctoral thesis therefore emphasizes the fact that the Internet is not only a universal tool, but also a living matter that challenges the legal profession day after day, and innovation after innovation to encompass new solutions and new regulations as a response to the arising conflicts posed by the evolution of web sites
Picard, Patrick. "L'utilisation des contrats globaux de la commande publique par les collectivités territoriales de taille moyenne : le cas de la ville de Lourdes." Thesis, Pau, 2015. http://www.theses.fr/2015PAUU2008/document.
Comprehensive contracts in public procurement constitute a class of contracts that have been formed gradually since their creation and play a major role, for instance in the action of public entities and local authorities. Partnership agreements became the main element of this family of legal instruments. They superimposed to compose a group that is hardly comprehensible by territorial authorities, which minimise their utilisation and success. Analyses of the case of Lourdes, of projects led by local authorities as well as the use of comprehensive agreements by the government are all examples that highlight the necessity of carrying out a real overview of the situation. After a decade of practicing and observing the use of public-private partnerships, it appears that the necessity of translating the achieved assessment into a real clarification of the different types of public procurements is more important than ever. The adoption of public procurement directives and concession directives in 2004 and the order relating to public procurement setting up in 2015 bring out the pertinence of the subject as well as the importance of proceeding to a major reorganisation of the French public procurement law
Brohe, Arnaud. "Réalisations et limites des marchés du carbone: évaluation et perspectives." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209301.
Une hypothèse forte des marchés du carbone dotés d’un système de plafonnement est qu’ils permettraient de garantir le respect des objectifs climatiques. Cette hypothèse ne s’est pas révélée exacte. En générant plus d’un milliard de crédits, dont un nombre important de crédits issus de projets, et en ne parvenant pas à empêcher des défections, le système mis en place par le Protocole de Kyoto n’est pas parvenu à garantir le plafonnement des émissions dans les pays développés. Il en va de même pour les systèmes liés à Kyoto comme le système communautaire d'échange de quotas d'émissions (SCEQE).
Dans la plupart des configurations des règles ad hoc et peu transparentes ont nui à l’objectif environnemental. La comptabilité commune de différents gaz à effet de serre, malgré des incertitudes importantes sur les pouvoirs de réchauffement globaux a également été néfaste à l'intégrité du système.
Le lien à des mécanismes de projets trouvant leur légitimité dans une preuve de l’additionnalité souvent floue demeure problématique. Notre analyse a ainsi mis en avant la problématique de l'enregistrement de projets hydrauliques dont la décision de construction est antérieure aux marchés du carbone.
En théorie, le mécanisme d’échange a pour conséquence que les acteurs confrontés à des coûts de réduction faibles soient encouragés à réduire leurs émissions. Dans la pratique, notre analyse montre que peu d’acteurs connaissent leur coût de réduction marginal, empêchant dès lors la concrétisation de cet idéal d’une réduction au moindre coût. Nous avons aussi mis en avant le fait qu’un prix identique par tonne de CO2 réduite n’est pas adapté au soutien de technologies nouvelles, souvent plus onéreuses au début de leur cycle de développement.
Finalement, un des principaux mérites des marchés du carbone a peut-être été leur acceptabilité auprès des décideurs politiques et économiques. Il est manifeste que les marchés permettent d'internaliser le carbone à un niveau international sans passer par une difficile harmonisation des politiques fiscales. C'est clairement une des raisons de leur adoption rapide et dans de nombreux pays.
Les marchés du carbone ont aussi joué un rôle important en matière de sensibilisation aux changements climatiques. Ils ont permis de faire progresser la comptabilité carbone et la compréhension des technologies sobres en carbone.
L’effondrement récent du prix du carbone montre que ce nouvel instrument qui, en théorie, est efficace pour atteindre un objectif de réduction prédéfini, ne permet pas, dans la pratique, par manque d’ambition ou en raison d’erreurs dans la conception, de financer la transition vers une nouvelle économie sobre en carbone. Il apparaît dès lors nécessaire de réformer cet instrument mais aussi de développer progressivement des alternatives afin de ne pas uniquement faire reposer la réussite de l’atteinte des objectifs climatiques sur les seuls marchés du carbone et ainsi augmenter la résilience des politiques climatiques aux aléas de marchés financiers, par ailleurs eux-mêmes soumis à de nombreux tourments depuis 2008.
Doctorat en Sciences
info:eu-repo/semantics/nonPublished
Monchalin, Marie-Christine. "L'égalité entre les sexes dans le champ du développement international: Vers la réalisation de tous les droits des femmes? Une étude de cas des états de l'Afrique francophone." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28570.
Villeneuve, Marie-Sophie. "Les politiques de la Banque mondiale dans le domaine de l'éducation et le droit de l'enfant à l'enseignement primaire : vers la réalisation ou la violation de ce droit dans les pays en développement?" Mémoire, 2006. http://www.archipel.uqam.ca/2895/1/M9506.pdf.
Sirois, Geneviève, and Nalia Lesturgeon. "Mise en oeuvre des politiques éducatives internationales et représentations des acteurs de l'éducation au Burkina Faso : vers la réalisation des objectifs de l'éducation pour tous?" Mémoire, 2009. http://www.archipel.uqam.ca/2644/1/M11212.pdf.
Forget, Hubert. "La théorie du choix rationnel et l’influence des droits constitutionnels reconnus aux peuples autochtones canadiens sur le comportement des acteurs impliqués dans la réalisation de projets d’exploitation des ressources naturelles." Thèse, 2018. http://hdl.handle.net/1866/22847.