Dissertations / Theses on the topic 'Reconnaissance de dettes – Droit'
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Muster, Eric. "La reconnaissance de dette abstraite : Art. 17 CO et 82 ss LP: etude historique et de droit actuel /." Genève [u.a.] : Schulthess, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/388338512.pdf.
Full textGjidara, Sophie. "L'endettement et le droit privé." Paris 2, 1996. http://www.theses.fr/1996PA020133.
Full textWithout being a typical phenomenom of our epoch, nor specific to our country, indebtedness has taken a new aspect in a market economy marked by the advent of a consumerist society. Once considered as a social flaw resulting from recurrent carelessness, or as the ultimate resort of the needy, in the present inflationary context, for both firms and individuals, indebtedness has become a tool for economic development and social reintegration, if not a government method. Located at the crossroads of the economic and the social, indebtedness is a full-fledged legal phenomenom. Its economic dimension had merely helped to reveal the duality of the debt. In a personal and subjective relationship it appears also as a passive patrimonial value whose perennity has to be secured. A prey to consumerism, the indebted, who is presented as a victim of the lenders' unfair practices, has taken advantage, and rightly so, of its weakness, and in the name of economic, social and ethical imperatives, of a protective legal status. This approach also has consequences in business law, where the creditors rights are sacrificed to privilege the recovery of ailing firms. The general spreading of a culture of indebtedness has justified the emergence of a policy which involves accepting the phenomenom within our traditional legal structures. The novelty resides in the fact that our legal system integrates the phenomenom of indebtedness in a definitive and over-all manner. Focused on the exclusive protection of the debtor, the right to be indebted appears to be formal and imperative, totally at the opposite of the principle of the independence of decision which is derived from the contracts implied by the civil code. Aiming at making it easier for the debtor to reintegrate a social and economic circuit of this essential mechanism, the right to indebtedness becomes liberatory, and the cost is to weaken the principle of the obligation implied by the contract. Beyond the changes that contract law has been subjected to, the treatment reserved to indebtedness affects the very logic of civil law whose foundations must be restored and restated
Hélaine, Cédric. "L’extinction partielle des dettes." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0526.
Full textPartial extinction of debts still occupies a discreet place in the French civil Code. It could almost be relegated to a transient difficulty. The new article 1342-4 of the civil Code – old article 1244 prior to the new legislation of 2016 - provides a striking illustration of this, as a principle that the creditor may simply refuse partial payment. However, cases of partial extinction are multiplying in case law and practice. More importantly, the law increasingly makes specific exceptions to 1342-4, including through grace measures or rules governing business effects. The interest of the subject is based on this assumption: there is a discrepancy between the classic view of partial extinction and its current interest renewed by our society of debts. Defined as the non-retroactive disappearance of a quantum of the obligation to allow another part to remain, the partial termination is paradoxically based on the satisfaction of the creditor. The subsistence of a quantum of the obligation differentiates, in fact, partial extinction and total extinction: the creditor remains awaiting part of the debt
Houssier, Jérémy. "Les dettes familiales." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010324.
Full textAbsent from legal texts, unable to be found in jurisprudence and unknown in practice, the notion of family debt evokes astonishment. Great difficulty arises in establishing a legal definition for these issues. In crossing the line of usual cleavages of patrimonial family law - matrimonial regimes, inheritance and gifts - this study plans to shed light on the mystery of these debts. Family debt can be understood as a group of passive obligations for the use of the family, involving one or several members of the family, either amongst each other or vis-à-vis a third party. Behind this notional unity, there is a major difference: debts between family members juxtaposed to debts towards third parties. Between family members, family debts can in turn be divided into contribution debts and liquidation debts. Each one of these categories has its own logic: equity for the first, solidarity for the second. However, it is still solidarity which governs debt towards third parties: they highlight the union of the group by offering a precious guarantee to third parties. Based on this new set of rules, a reconstruction of the system of these obligations is proposed. Thus, an alignment of the rules for these debts according to their basis and mechanisms used to achieve their implementation becomes clearer
Ranc, Jean-Christophe. "La compensation pour dettes connexes dans les procédures collectives." Paris 2, 1996. http://www.theses.fr/1996PA020090.
Full textMozas, Philippe. "La notion de dette en droit privé." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40001.
Full textThe debt is a complicated notion. The debt contain several aspects : subjective, patrimonial (then objective),imperious, moral. Thanks to the dualist analysis of obligations, the debt's aspects are understood better. This study show the importance, nowadays, of its patrimonial aspect and the necessity to distinguish the debt and the responsibility of the debtor
Papineau, Christelle. "Droit et intelligence artificielle : essai pour la reconnaissance du droit computationnel." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D049.
Full textThe porosity between law and artificial intelligence is now sixty years old. This porosity, which was originally intended to enable computer scientists to improve the cognitive performances of their algorithms, thanks to the legal syllogism, quickly aroused, in return, the interest of jurists in computer science. They understood that they could take advantage of the opportunities offered by the automation of the law, thanks to new technologies. Thus, at the dawn of the 2020s, machine learning, one of the most recent disciplinary subfields of artificial intelligence, allows as much to improve the methods of application of the laws and sanctions than to calculate the citizens (predictive policing, predictive justice, but also access to legal information and justice, online). This deployment of machine learning, which operates as much in the common law countries as in the countries of civil law tradition, takes place mainly in a context of a legality, to the detriment of the rights of the scored citizens. North American lawyers have resolved this lack of legislative framework by using the technique of judge-made law. This technique, which has the advantage of its adaptability, at the same time to each situation of legislative gap, but also to the tendencies of the society and the times, will be mobilized again, in the future, when the next disciplinary subfields of artificial intelligence, including deep learning, will be deployed. The flexibility of the North American common lawyer system can serve as a model for the French system, to set up a legal framework regulating, today, machine learning and, tomorrow, the next disciplinary subfields of artificial intelligence. However, the casuistic dimension of the North American model should be adapted to the French system, proposing the use of alternative normativities and ethics as instruments equivalent to the flexibility of the judge-made law. This approach would make it possible to observe the legal issues that arise with each technological advance and to consider legal responses, in a context inclined to legislate once the whole set of technical and legal issues, such as these pose, has been seized. This method, which requires observing new technological phenomena through the prism of alternative normativities before legislating, should make it possible to guide and influence the legislative work of the French legislator to improve the effectiveness of the digital law in terms of protecting people scored by algorithms, deployed as much by administrations as by legaltech type companies
Dupré-Dallemagne, Anne-Sophie. "La force contraignante du rapport d'obligation : (recherche sur la notion d'obligation)." Paris 1, 2003. http://www.theses.fr/2003PA010302.
Full textBelaich, Fabrice. "La non-reconnaissance des situations internationalement illicites : aspects contemporains." Paris 2, 1997. http://www.theses.fr/1997PA020071.
Full textThe non-recognition of an internationally illicit situation is a phenomenon which presents two aspects : first, the aspect of a pretension, put forward by a subject of international law, by which it qualifies a situation as contrary to international law; second , the aspect of a process, by which the subjects which have put forward this pretension endeavour to restore the statu quo ante, which is the situation which prevailed before the internationally illicit fact which created the situation occured. After having analysed the contemporary practice, it appears that juridically the technique of non-recognition is deficient, for it is impossible to foresee what is going to occur when a situation susceptible to be the object of a non-recognition appears
Picod, Nathalie. "La remise de dette en droit privé." Toulouse 1, 2011. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D123.
Full textAlthough the remission of debt is present everywhere, paradoxically it remains undefined by the law. It appears as a voluntary discharge granted inter vivos or mortis causa, for reward or free of charge, concerning all or part of the debt, whose object is to extinguish it. By definition conventional, it should be distinguished from the renunciation. Therefore, the legal model shouldn’t be bypassed by parallel mechanisms, such as the renunciation of the creditor’s right, at the risk of weakening the coherence of the release by turning it into a mere alternative mechanism. Moreover, the conventional discharge differs from those legal and judicial, which do not constitute real releases for lack of the element “will”. But the demarcation line is not so obvious, due to the graduated interference from the judge in the consent of the parties within insolvency proceedings. The infinite richness of the release shows itself by a plurivalence of its functions. Far from being an abstract act, the remission implies a consideration. The object of the release – extinction of the debt – merges with its extinctive effect, since the extinctive mechanism absorbs any other effect. Such a mechanism leaves a large place to the deployment of the parties’ will, who can modulate it, not without tax consequences. This modulation concerns the debt, but also the persons who are related to it in main or secondary title. In an incomplete way, the French Civil Code allows us to determine the extent of the releasing effect, ratione personae, in the absence of will expressed by the parties. We suggest a coherent legal regime rooted in the common body of law and taking into account insolvency proceedings
Gaspard, Roger. "La reconnaissance mutuelle en droit bancaire et financier européen." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020083.
Full textThe principle of mutual recognition is fundamental to European law whereby it stands for the equivalence of the regulations of member States of the European Union. In banking and financial law, the principle of mutual recognition is exemplified in two different applications. The first aims at eliminating duplicative regulations and is used by national and European courts in reliance on European Union primary law. It classifies any regulation of a host state that overlaps with a regulation of a home state that has already been applied to a certain matter as a restriction to a European freedom of movement. The second application is the financial passport, which was set forth by European lawmakers in various directives and regulations. The passport allocates regulatory powers among European member states and gives primary jurisdiction to the home member state within a harmonized field. This thesis describes and analyzes each of these applications which are crucial to the practice of business law. Overall, it calls for a reflection on the different methods of integrating financial markets
Attal, Michel. "La reconnaissance des sûretés mobilières conventionnelles étrangères : dans l'ordre juridique français /." Paris : Defrénois, 2005. http://catalogue.bnf.fr/ark:/12148/cb40087164b.
Full textCarré, Louis. "Les institutions de la reconnaissance: entre théorie critique de la reconnaissance et philosophie hégélienne du droit." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209964.
Full text
Dans une première partie, nous exposons les grandes lignes de la théorie de la reconnaissance de Honneth. Nous y développons successivement sa « morale de la reconnaissance », la conception normative de la justice sociale qui en découle, ainsi que la manière dont Honneth appréhende l'articulation entre reconnaissance et institutions. Nous nous intéressons ensuite, dans une deuxième partie, à l'institutionnalisme éthique de Hegel dans sa Philosophie du droit. Partant d'une lecture non-métaphysique de l'œuvre berlinoise, nous défendons la thèse interprétative d'un « institutionnalisme faible » chez Hegel par opposition à un « institutionnalisme fort ». Cet « institutionnalisme faible » stipule que les principales institutions du monde éthique moderne doivent pouvoir permettre à l'ensemble des agents individuels qui les composent d'atteindre, à travers leur participation à une série de relations intersubjectives fondées sur la réciprocité de leurs droits et de leurs obligations, des formes croissantes d'autonomie rationnelle (autonomie affective dans la famille, autonomie socioprofessionnelle et juridique dans la société civile, autonomie civile et politique au sein de l'Etat constitutionnel).
Au final, il ressort de la confrontation entre théorie de la reconnaissance et institutionnalisme hégélien dans sa version « faible » que, contrairement au reproche de « surinstitutionnalisation » adressé par Honneth, la philosophie hégélienne du droit se montre toujours d'actualité s'agissant 1) de penser conjointement les deux dimensions éthiques du système objectif des institutions et des relations intersubjectives de reconnaissance, 2) de définir une série de critères normatifs concernant une « bonne » forme de vie dans les institutions, voire même 3), malgré le caractère parfois historiquement daté de son analyse institutionnelle, de poser à terme un diagnostic critique sur l'évolution « pathologique » des sociétés modernes.
Doctorat en Philosophie
info:eu-repo/semantics/nonPublished
Verdot, Alexandra. "Le réseau de professions libérales : plaidoyer pour une reconnaissance." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32041.
Full textFor several years now, the networking has significantly expended. The liberal professions are highly concerned by this phenomenon. Due to the complexification of the clients requests and the specialization of the professional areas, the network appeared to be an efficient way to meet both the practitioners economical and professional expectations and the ones of their clients. The network allows to reach the objective of multidisciplinarity by allowing the practitioners to practice their activity as part of a group and by offering to the clients a global approach of their needs. Nevertheless, the network of professions raises the issue of the ethics regarding the profession, especially when it takes the form of an interprofessional network. Hence, the legislator had to define a legal frame for the network. But instead of creating a thorough legal status, the legislator had only dealt with some aspects of the subject. However, this state of the law doesn’t imply the impossibility for the network to have a legal existence per se. Considering it is increasingly used by the liberal profession and the fact that it has allowed a modernization of the professions, the network of professions has to be analyzed like an independent structure from the people who compose it. Qualifying the network of professions as a member and as an actor of the liberal profession enhances the economical and professional extra value that it generates
Rault, Charlotte Julie. "Le cadre juridique de la gestion des dettes souveraines." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010267/document.
Full textHistorically, international financial crises do not occur in isolation but rather go hand in hand with the deterioration of macroeconomic indicators, investor panic and speculation. Until recently, the sovereign debt issue has principally concerned developing countries. However, the recent financial turmoil has revealed that developed countries can similarly be severely affected. Since the beginning of the 20th century, experts in international law have periodically discussed the possible remedies to the endemic situation of sovereign indebtedness. In 2001, the International Monetary Fund launched a proposal for a Sovereign Debt Restructuring Mechanism known as the ‘Krueger Plan’; this was quickly abandoned in 2003. Due to the present economic and political cul-de-sac, the legal framework of sovereign debt management strongly preoccupies the international community. The current sovereign debt scenario necessarily involves an irreversible disruption of the legal rules and structures that currently support a proper functioning global economy. This doctoral thesis analyses the evolution of the legal framework and the normative choices favoured by each actor. Identifying which particular legal issues are essential to evaluate such complexity allows us to deepen the theoretical and practical suggestions designed to facilitate the resolution of sovereign debt crises. After establishing the leading international requirements for sovereign debt management, this thesis advocates the implementation of a normative set of tools designed to integrate domestic regulations on the basis of previous models
Internationale Finanzkrisen erweisen sich als nicht seltene und zeitlich unbegrenzte Ereignisse. Jeder Finanzkrise in der Historie haften die gleichen klassischen Charakteristiken an: die Beschädigung makroökonomischer Indikatoren, der Psychologie sowie die Panik der Investoren, Spekulationen. Darüber hinaus beschränken sich die aktuellen Finanzstörungen nicht mehr nur auf Entwicklungsländer. Das Ziel dieser Arbeit besteht darin, die Entwicklung des Rechtsrahmens der Verwaltung souveräner Schulden zu analysieren, um Elemente zusammenzutragen, die es erlauben die bevorzugten normativen Entscheidungen jedes Akteures zu verstehen, zu bewerten und im Anschluss entsprechend Handlungsanweisungen zu geben. Das gegenwärtige Szenario der Verschuldung souveräner Staaten führt unweigerlich zu einer unumkehrbaren Umwälzung der bekannten Rechtsverordnungen und -strukturen, die auf die Gewährleistung eines reibungslosen Funktionierens der Weltwirtschaft abzielen. Angesichts der gegenwärtigen normativen Unsicherheit, ist es von größter Bedeutung die Auseinandersetzung mit finanziellen Krisen, die entsprechenden Reformvorschläge, die Suche nach Systemverbesserungen hinsichtlich einer Marktregulierung und die Rolle der multilateralen Institutionen bezüglich der Verwaltung souveräner Schulden genauer zu untersuchen. Nach der Feststellung des Vorliegens einer internationalen Verpflichtung zum Staatsschuldenmanagement wird die Einführung einer Reihe normativer Werkzeuge befürwortet, um nationale Vorschriften auf Grundlage bereits bestehender Modelle zu integrieren
Attal, Michel. "La reconnaissance des sûretés mobilières conventionnelles étrangères dans l'ordre juridique français." Toulouse 1, 2004. http://www.theses.fr/2004TOU10035.
Full textIn situations involving international elements, French law provides for the lex rei sitae, that is to say the law of the place of the thing, to rule contractual movable security interests. The movable nature of the thing frequently leads to a confrontation of the French legal system to foreign warranty rules and techniques. Thus, if the thing is imported from a foreign country to France and if the foreign creditor would like to take advantage of his security interest in France, the question of the foreign security interests' recognition in France is to be asked. French law currently provides that French law shall rule rights in rem on movable things as soon as those things enter French territory. However, each time that a foreign security interest has been examined by a French judge, it has been declared equivalent to a French law-prohibited mechanism. Consequently, the foreign creditor is never granted to take advantage of his security interest, even though it has been validly created. This thesis' purpose is to show that the competence of the lex rei sitae and his enforcement in case of a change of the connecting factor are a method which doesn't necessarily hinder the recognition of foreign security interests; this research also aims to describe how French law could, in a material point of view, organize foreign forms of securities' reception through an assimilation to French law's valid mechanisms and through the achievement of publicity formalities
Lerouge, Loïc. "La reconnaissance de la santé mentale en droit du travail." Nantes, 2004. http://www.theses.fr/2004NANT4016.
Full textDue to the representation it reflects to, work is of major importance for the person. But for sure, the forcing conditions keep evolving. The intensification of the activity, tanks even more mental, the stress are so many factors which can beget in the labourer psychic disorders. The law for social modernisation is an important turn for the right to health at the workplace. The Labour Code expressly recognizes now the mental health of labourers. However, the recognition in itself is not enough to institute a system suitable to resale the mental health at work. We must focus on attack risk prevention to the psychic health of labourers and salaries'. The psychology fragile one will be the first to benefit from it. Likewise the physical health right at work, labourer must be able to enjoy a right of protection of his mental health right at work and he must be replaced in the heart of the contractual relationship
Bernel, Alexandre. "Le principe d'équivalence ou de "reconnaissance mutuelle" en droit communautaire." Zürich : Schulthess, 1995. http://catalog.hathitrust.org/api/volumes/oclc/214938406.html.
Full textKruger, Hervé. "Liberté de gestion et endettement des entreprises en droit fiscal." Paris 2, 2007. http://www.theses.fr/2007PA020004.
Full textRagot, Blandine. "Les médicaments orphelins : à l'aube d'une reconnaissance en Europe." Paris 5, 1995. http://www.theses.fr/1995PA05P064.
Full textStanczak, Romain. "Les promesses de payer : essai de théorie générale." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1006.
Full textPromises to pay are contracts by which a person commits to pay to a creditor what is owed to him. Such acts are as common as they are various. For instance, bond, acceptance of a bill of exchange, promise to perform a natural obligation, commitment of the delegate to the delegatee, autonomous guarantee, subscription of a promissory note, etc. are promises to pay. In fact, such acts are different applications of a single legal figure : the promise to pay. Apart from the specificities of each of its applications, the promise to pay reveals itself as a uniform legal act with a permanent nature. Because its subject consists in a payment, the promise to pay always presupposes the existence of a debt. Such debt, or “primary obligation”, is the “objective cause” of the promise. Unlike a simple “IOU”, a promise to pay is not limited to declare the existence of the primary obligation. As a commitment, it also produces a new obligation, the “obligation to pay”, which coexists with the primary obligation. The obligation to pay, as such, is ancillary to the primary obligation. Its legal status, from its birth to its expiration, will be closely linked to that of the primary obligation
Moulin, Pierre. "Expériences récentes de non-reconnaissance en droit international Mandchoukouo, Espagne nationaliste /." Lyon : Université Lyon3, 2006. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/1990/moulin_p.
Full textRodas, Jean-François. "L'injonction en droit pénal." Paris 2, 2004. http://www.theses.fr/2004PA020050.
Full textBrignon, Bastien. "L' actif social : plaidoyer pour la reconnaissance de la notion." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32018.
Full textThe company, as soon as registered, becomes a juridically separate body, distinct of its members. The company has its own identity, its own name, its own nationality, its own patrimony. Both inspired by the “legal entity theory” and by the “patrimony theory”, the corporate assets, or the assets of the company, a genuine identity component, represent the whole goods, rights and contracts which compose the company, at a time, in opposition to the corporate liabilities. The corporate assets constitute all the resources hold by a company. But the doctrine has been few interested in this notion for the time being. However, the corporate assets are an essential notion within French company law at the same level for instance than corporate interest or corporate capital. This notion is as much substantial than it appears in French law as unitary (I). The corporate assets appear in different regulations and under various forms but are only emerging. Then this notion is not exclusive of an analytical approach revealing its components and a certain singularity characterises these components. But the common purpose of the assets is that large than the unity of the notion is unquestionable. Indeed, the corporate assets, more than the legal capital, constitute the main security of the creditors of the company. The unity of the notion is all the more incontestable because the notion is reinforced by a federative legal system meant to protect the value and the security these corporate assets represent. Thus, French law introduces a general rule of management, a general standard of behaviour which applies to those intervening in the management of a company and which materialises not only through powers rules respectful of the corporate interest but also through real governance principles, such as a loyalty rule and a caution rule (II)
Terrier, Emmanuel. "Déontologie médicale et droit, contribution à la reconnaissance juridique d'une discipline professionnelle." Montpellier 1, 2002. http://www.theses.fr/2002MON10024.
Full textIoannatou, Marina. "Affaires d'argent dans la correspondance de Cicéron : l'aristocratie sénatoriale face à ses dettes /." Paris : de Boccard, 2006. http://catalogue.bnf.fr/ark:/12148/cb40966555c.
Full textGOMES, MARCELO KOKKE. "DÉMOTIQUE DROIT CONSTITUTIONNEL: LA CONSTITUTION EN TANT QUE BASE DE RECONNAISSANCE." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2008. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=32576@1.
Full textESCOLA SUPERIOR DOM HELDER CAMARA
Le présent travail se consacre à établir les interconnexions entre la théorie de la reconnaissance, le droit constitutionnel et le constitutionnalisme. Les luttes pour reconnaissance se manifestent dans la société contemporaine complexe en attirant de manière croissante les prétentions de l être vers l autre, dans un dilemme entre le consensus et la mésentente qui implique le conflit entre l unique et le multiple. En protégeant les arguments liés à la reconnaissance, il se vérifie une dispute de perspectives diverses de reconnaissance et de conceptions d identité, dans une discussion ascendante sur la reconnaissance légitime. La recherche de la reconnaissance légitime se projette face à l État et le droit constitutionnel. Repenser le droit constitutionnel en faveur d une constitution du demos va à la rencontre d une constitution qui se suppose comme noyau de la reconnaissance. La compréhension démotique de droit constitutionnel canalise les luttes pour la reconnaissance sous la lumière de la démocratie et d une compréhension alternative de l État. Le droit constitutionnel démotique, lequel est lié aux concepts de discrimination positive, pluralisme, autonomie personnelle et État multinational ou post-nacional, est une alternative pour l organisation constitutionnelle de l hétérogénéité, en comprenant le demos comme peuple-société immergé dans un vouloir-vivre ensemble.
O presente trabalho se consagra ao estabelecimento de interligações entre a teoria do reconhecimento, o direito constitucional e o constitucionalismo. As lutas por reconhecimento manifestam-se na sociedade complexa contemporânea atraindo de maneira crescente pretensões do ser face o outro, em um dilema entre consenso e desentendimento que acarreta o conflito entre o uno e o múltiplo. Anteparando os argumentos enlaçados ao reconhecimento, verifica-se uma disputa de perspectivas diversas de reconhecimento e de concepções de identidade, em uma ascendente discussão quanto ao reconhecimento legítimo. A busca do reconhecimento legítimo se projeta face o Estado e o direito constitucional. Repensar o direito constitucional a favor de uma constituição do demos vai ao encontro de uma constituição que se assume como núcleo do reconhecimento. A compreensão demótica de direito constitucional canaliza as lutas pelo reconhecimento sob a luz da democracia e de uma alternativa compreensão do Estado. O direito constitucional demótico, ligado aos conceitos de discriminação positiva, autonomia pessoal e Estado multinacional ou pósnacional, é uma alternativa para a organização constitucional da heterogeneidade, compreendendo o demos como povo-sociedade imerso em um viver-em-conjunto.
Howard, Nouara. "La reconnaissance constitutionnelle d'un droit à la protection de l'identité numérique." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0201.
Full textWith the lightening development ouf World wide web, the violations and abuses against datas about citizen’s digital identity are threatens due to insufficient legislativs provisions and légal textile outdated. That’s why this study supports the thesis that the légitimity of constitutionnal protection of a rigotte of digital identity which it will be considered the fundments, the outlines but also the limits
Griffin, Patrick. "L'application du principe de la reconnaissance mutuelle en droit financier européen." Paris 2, 1999. http://www.theses.fr/1999PA020008.
Full textGASQUET, THIERRY. "Contribution a la theorie du recouvrement de l'impot ; le tresor face aux dettes fiscales de l'entreprise." Toulouse 1, 1996. http://www.theses.fr/1996TOU10067.
Full textText and the jurisprudence of the constitutionnal council affirm plainly that the situation for the person liable to pay tax is controlled by two major's legal principles : the principe of the tax legality and the principle of the tax equality. In extending the idea of the tax payer statute elaborated by mr trotabas, it became possible to lay down bases of the person liable for tax which elements are the tax payer statute, restrained in laws and rules. In order that persons liable for tax are really in a statutory situation, it is necessary that public accountants only dispose, during their collection of tax, a simple bounded competency, preventing them to appreciate in concreto each problematic file of collection. Also, these public accountants have to be able to justify a perfect equality in the treatment of each file. Therefore, public accountants searching for payment from persons liable to pay entreprise tax make a eral management in their pursuit of the collection of taxes. Their power of judging appears during responsabilisation and also institute proceedings against person liable for tax. In these circumstances, the respect of the principle of the tax equalityare challenged. Its only when the judge will intervene to paralyse the collection procedure, that persons liable for tax of unpaid taxation by entreprise will be in statutory situation. Nevertheless thses persons liable for tax are imperfectly protected by the judge. In actual fact there is a jurisprudence as well constestable as favourable to the treasury's rights, refusing to sanction procedure's diversions by public accoutings
Nguyen, Thi Viet Nga. "La protection des créanciers sociaux dans les opérations emportant transmission universelle de patrimoine." Paris 2, 2003. http://www.theses.fr/2003PA020084.
Full textNegrel-Filippi, François. "Le dol éventuel : Vers la reconnaissance d'une intention atténuée." Paris 1, 2010. http://www.theses.fr/2010PA010334.
Full textKramberger, Škerl Jerca. "L'ordre public international dans la reconnaissance et l'exécution des jugements étrangers : étude comparée : Slovénie, France, Union européenne." Poitiers, 2008. http://www.theses.fr/2008POIT3006.
Full textThe object of the comparative study is the notion of the international public policy and its protection in the procedures of recognition and enforcement of foreign judgments. The author focuses on the sources of the international public policy and examines more profoundly the influence of the EU-law and of the law of the European Convention on Human Rights on its content. According to the components of the international public policy, the research of the differences among the compared legal systems is followed by the delimitation from the similar notions. Special attention is given to the procedural public policy. In the procedures of the recognition and the enforcement, the international public policy is protected by the public policy exception which provokes the refusal of the effects of the foreign judgment. The procedural rules in Slovene, French and EU legal system differ considerably. Their presentation is followed by the research of their influences on the division of the procedural roles of the judge and the parties, as well as on the extent of the exam of the foreign judgment for the purpose of establishing its conformity to the international public policy of the State of recognition
Dahan, Frédérique. "La floating charge dans les rapports internationaux de droit privé : essai sur la reconnaissance d'une institution étrangère." Paris 1, 1995. http://www.theses.fr/1995PA010266.
Full textThe floating charge is an english law security based on contract on the debtor's whole property, until the crystallisation. The purpose of this thesis is to explain the mecanism of the security and the possibility it could have to be recognised in france by courts. The first part is the qualification in french civil law: it is a conditional property interest on an entity called entreprise. In the second part, the conflict of laws is solved: the lex rei sitae is the law of the place where are located the object of the security, i. E. The French law. That law has to be adapted to let the floating charge have effects. Transpostion will be in the "nantissement de fonds de commerce" without application of strict conditions of creation. In conclusion, we believe he floating charge could be recognised and have effect in France
Litvinski, Dmitri. "La reconnaissance des décisions de justice étrangères : une étude comparative du droit russe par l'entremise du droit français." Paris 2, 2007. http://www.theses.fr/2007PA020064.
Full textMondoloni, Marie-Josée. "Conseil constitutionnel et droit public économique : étude sur la reconnaissance par le juge constitutionnel du droit public économique." Paris 1, 2007. http://www.theses.fr/2007PA010285.
Full textRideau-Valentini, Sébastien. "Contribution à l'étude des particularismes de la matière pénale douanière." Nice, 1999. http://www.theses.fr/1999NICE0020.
Full textThe repressive custom law, known for its atypical penal concepts and its strictness resulting from its objectives constitutes a legal field meeting specific criteria. The issue lies partly in the fact that it was created in order to fight against foreign goods import at conflictual times. The progessive disapppearing of border rigidities leads to an approximation between the laws of certain states, sometimes, in the frame of international treaties enacting supranational laws. The direct result is a submission of repressive custom laws to the appreciation of judges using autonomous legal instruments capable to influence this national law underlined with specific historical inheritances a modelling of this legal rules influences then the custom law by putting it in concordance with positive law. These international agreements correspond to the trend of the internal sources of law. The elements of the normalisation of the custom penal law induce an increasing intervention of the judges in the different procedures of the customs code. Nevertheless, due to inherent limits of the supranational control, certain specificities remain, giving to the repressive custom law an undoubtful efficacity. The extention of the customs jurisdiction is the proof of the trust given to this administration by the normative powers. The approximation of the repressive powers of the customs administrations of the member states of the european union seems to be an actual trend
Richard, Anne. "Le paiement de la dette d'autrui." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32031.
Full textThe payment of other people’s debt, on account of the otherness which characterizes it, shows a distinctiveness in its nature. First, unlike the debtor, the other person is unable to forthwith comply with the potentialities of the binding bond. Though he can fulfill the material expectation of the creditor, he is, however, incapable of accomplishing the duty aspect integrated in the obligatory relation. Therefore the bond still has a reason to exist further to his intervention. Only the subrogation, by the substitution of the persons which it carries out within the binding relation, generates the very fulfillment of the latter. Furthermore, the inherent otherness in the payment of another person’s debt discloses, for the time being, an unsuspected dimension of the payment. While the payment which is made by the debtor is purely and simply extinctive, the payment of another person’s debt gets its specifity in bearing a new obligation, which is able to enlarge the initial compulsory bond
St-Hilaire, Maxime. "La lutte pour la pleine reconnaissance des droits ancestraux : problématique juridique et enquête philosophique." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/30087/30087.pdf.
Full textThe respect of aboriginal peoples’ rights over their ancestral territory poses serious challenges for jurists. The challenge is best met by the conclusion of treaties. In Canada, this practice is hindered by the policy of “exchanging” vague rights for clearly defined ones. This policy affronts the aboriginal negotiating party, for whom the process should instead focus on the full recognition of aboriginal rights. The problem is a paradox for the jurist until a historical perspective coupled with a critique of legal thought shows how it results from the encounter between two different conceptions; not only of “aboriginal rights”, but of the very idea of “law”. This encounter is one between legal monism and legal pluralism. Even then, the jurist may feel ill-equipped to address the normative significance of the progressive recognition of the aboriginal juridical order by Canadian and supranational law. The defunct Innu Land Claims Agreement-in-Principle recognized ancestral rights as an expression of aboriginal identity. The Royal Commission on Aboriginal Peoples made “mutual recognition” the touchstone of its recommendations. The centrality of this theme of the “struggle for recognition” suggests that philosophy may provide much-needed guidance. Liberal multiculturalism and the politics of recognition authorize us to pose the hypothesis of a double struggle: for the legal protection of aboriginal legal cultures and for the presumption of their value. Yet, contrary to Charles Taylor, it was not multiculturalism that Axel Honneth had in mind when, at about the same time, he undertook the systematic reactualisation of what passes for a hegelian theme. This thesis presents itself as a philosophical inquiry into a legal problem. It also is a more general inquiry into the relevance of philosophy for the elucidation of legal problems.
Burgun, Cédric. "La vie consacrée en droit canonique et en droit public français : critères de reconnaissance dans les associations de fidèles." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020017.
Full textToday in the Roman Catholic Church new forms of “associative” communities are emerging and posing a certain number of questions in regard to Canon Law. One of the questions concerns those who choose to live a celibate state of "consecrated life" in these new forms of community life within the Church. Beyond the structures and organic criteria of consecrated life, which sometimes in itself can frustrate any serious reflection, what are the criteria in utroque iure, that would allow for the recognition of such a state of life in Canon law? New forms of consecrated life in the Catholic Church can also question French law. Some of these new forms acquire the status of an international public association in Canon law, and ask, for example, for legal recognition as a “religious congregation", in French law. Questions than arise on matters such as social security, labor law, and other issues within this legal congregational status. These are the essential canonical and French legal criteria for these movements that our study is to clarify. How can the profession of the evangelical counsels, the sacred bonds, stability, fraternal life, and submission to an approved rule of life, all canonical requirements be fulfilled, while also satisfying French legal requirements, such as social security, pension schemes and litigation activity, in the new forms of “associative communities?”
Lerouge, Loïc. "La reconnaissance d'un droit à la protection de la santé mentale au travail /." Paris : LGDJ, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/495979430.pdf.
Full textBourmouche-Yacoubi, Fatiha. "Le droit, le foncier pastoral et les sociétés Tamacheq : entre ignorance et reconnaissance." Paris 1, 2004. http://www.theses.fr/2004PA010267.
Full textAlias, Aymeric. "La société plaideur : plaidoyer pour la reconnaissance d'un droit commun du contentieux sociétaire." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1026.
Full textGoing to court for a company involves many procedural issues. Since those issues are not sufficiently taken into account by legislators or ideally part of a compilation within a specific form of codification, they may be held responsible for inevitable practical difficulties. Many questions arise : concerning rights likely to be brought up before a judge by a company or against a company ; its ability to benefit from an action ; the power or quality of those who claim to represent the company before a judge, the competence of a court to hear the case at hand ; managing procedural time in line with the pace of corporate life ; drafting and communicating the procedural acts issued in the company’s name or for the company ; ensuring the court rulings taken in the company’s presence be enforced. The obvious risk is procedural failure. The difficulty stems from the existential and functional ambiguities of this a-typical company. At first sight, procedural does not seem to be able to adapt to the nature of the claimant company. In order to leave room for some humble but useful certainties in this area, one must coherently gather all that constitutes the substance of companies’ procedural law, based on an interpretation that will make it understandable. That is the aim of the present dissertation while dealing with practical difficulties and suggesting suitable solutions. “The Claimant Company” is a plea for the recognition of the governing law in disputes between companies, which deserves to be part and parcel of the many implications of jurisprudence
Krauskopf, Frédéric. "Die Schuldanerkennung im schweizerischen Obligationenrecht /." Freiburg : Univ.-Verl, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/36772247X.pdf.
Full textBlanco, Santiago Valme. "Les Mayas du Guatemala et la reconnaissance de leurs droits : un difficile parcours." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10437/document.
Full textThis study explores the legal context concerning the situation of the indigenous peoples of Guatemala since the arrival of the Spanish in the New World and the segregation of these peoples into separate legal categories created for them by indiano law. In particular, we have paid close attention to the movement from the status of slave to that of free vassal of the Spanish crown beginning with the promulgation of the New Laws of the Indies in 1542. After the Latin-American War of Independence, the legislation of the new Nation-States starts to become adjusted to the needs of farm owners who, just as during the colonial period, require indigenous labourers. Our study argues that in a difficult political context, the indigenous peoples of Guatemala, and especially the Mayas, managed to re-appropriate internal law and international law in defence of their interests. This was made possible by the fact that, despite violent assimilation and slavery policies, they were able to preserve the use of customary law. We wish to show that it was by preserving this law that they were able to organise themselves as a legal people subject to rights and obligations. Thus, our study proves that when the political opportunities were presented, the indigenous peoples were already organised and ready to exploit these opportunities as a basis upon which they were able to demand their rights as indigenous peoples in accordance with international law
Dorismond, Edelyn. "Haïti et les Antilles françaises (Martinique et Guadeloupe), l’impossible articulation de la reconnaissance par l’autre et de la reconnaissance de soi (entre le refus de l’autre et la reconnaissance de soi)." Paris 8, 2010. http://octaviana.fr/document/16208398X#?c=0&m=0&s=0&cv=0.
Full textThe thesis addresses two issues. The first is to consider the philosophical foundation of what we have observed a recurrence in the Haitian and Caribbean studies: the position of history as a condition to explain the fate of Haitian and Caribbean societies. Indeed, the majority of studies prepared by these companies arrange a visit by history in the attempt to explain the social news, political, economic and cultural Haitian and Caribbean. We found that if the social sciences are a long history as an explanation, the philosophical demand has led us understand how history has come to establish itself as a trainer to become forms of colonial Haiti and the Caribbean. In this sense, we have shown, starting from the phenomenology of history, phenomenology hermeneutics of the historical consciousness of how sedimentation condense and become the conditions of repetition compulsion laid or denounced unnamed historians, anthropologists, sociologists and economic-speaking Caribbean islands. This, too, follows the route of the humanities. That is to say, we have also traveled the history of French colonial societies of the period 15-18 century, certainly a philosophical point of view, having as a purpose, that of showing, not the web historical processes that have become the aforementioned companies, but that offer a reading of the terms of sedimentation of historical experience. So we studied the colonial societies from the "struggle for recognition, understood as a struggle from which the representation was made by the colonists themselves and others according to social norms colonial force. Addressing the dynamics of colonial struggles through representation can show how, by the mirror effect, as the Colonials (settlers, slaves and free) are constrained in the colonial discourse was based on both freedom and easement. Having shown places "ideological", philosophical and theological elaboration of the European narrative of slavery, we are interested in French colonial companies themselves.
Faiq, Mohammed. "Problèmes de l'allègement de la dette extérieure des pays en développement." Nancy 2, 1985. http://www.theses.fr/1985NAN20010.
Full textSabete, Ghobrial Wagdi. "De l'obligation de la reconnaissance constitutionnelle des droits fondamentaux : à la recherche d'un fondement de l'obligation." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D041.
Full textThis study can be resumed in one principal idea: the constituent power is obligated to acknowledge fundamental rights. This obligation represents a limit to the will of the revisionary power which remains subordinate to the constituent instrument. The foundations of such an obligation are to be found. Firstly, in the notion of the constitutional public order which explains the existence of a hard core in every European constitution at the present time and which consequently establishes a material hierarchy within the constitutional bloc. Secondly, the obligation in question is founded on the fundamental norm "pacta sunta servanda" which justifies the submission of the internal juridical order to the international order, especially in the field of human rights. Thirdly, the obligation of an acknowledgement of fundamental rights is also based on the primacy of the European order aver the internal order which implies, in actual fact, a compatibility between the acknowledgement of fundamental rights on a constitutional level and the obligations resulting from European engagements
Pavlidis, Georgios. "La défaillance d'état." Paris 1, 2006. http://www.theses.fr/2006PA010263.
Full textRecasens, Gilles. "Quel doit être le degré de clémence de la loi sur les défaillances d'entreprises ?" Toulouse 1, 1997. http://www.theses.fr/1997TOU10084.
Full textThe aim of this thesis is to determinate the optimal degree of softness of the bankruptcy law. The French, American and British laws have different objectives. French law is lenient towards the manager in trouble, while British law is tougher. American law falls in between these two extremes. A lenient law leads to an increase in the negotiating power of manager from the distressed firm. On the contrary, a tough law increases the power of the creditors. But, too much softness or too much toughness can motivate the manager to make suboptimal investments. The game which brings together the manager-owner, the bank and the judge is analysed. There exists a moral hazard problem between the bank and the manager. In some states of the world, different interest can lead to conflict. In case of firm difficulties, the manager can be motivated not to produce the necessary effort for project success. Anticipating these problems the bank can decide to refuse to finance the project, which leads to a credit rationing situation. The link between these problems and the degree of softness of the bankruptcy law is analysed. On the one hand, a soft law avoids ex-post inefficient liquidations. On the other hand, ex-ante, the law must not be too soft so as to encourage the manager to supply an effort. Finally, the degree of softness of the law influences the ability to reach an informal workout which leads to an increase in efficiency. In reality, the optimal law acts in favour of giving the bank and the manager incentives for carrying out the project ex-ante, by balancing their chances of seeing their interests respected, in case of failure, by the ex-post judge's decision to reorganize or to liquidate