Academic literature on the topic 'Règles impératives du droit public'
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Journal articles on the topic "Règles impératives du droit public"
Grandbois, Maryse. "Le Droit De L'Aménagement Du Territoire Et De L'Environnement." Canadian journal of law and society 1 (1986): 81–108. http://dx.doi.org/10.1017/s0829320100001010.
Full textSchulze, David. "Le droit applicable au bail résidentiel dans les réserves indiennes." Revue générale de droit 36, no. 3 (October 27, 2014): 381–432. http://dx.doi.org/10.7202/1027115ar.
Full textBabayev, Rufat. "Contractual Discretion and the Limits of Free Movement Law." European Review of Private Law 23, Issue 5 (October 1, 2015): 875–97. http://dx.doi.org/10.54648/erpl2015051.
Full textMartínez-Escribano, Celia. "Tenancy and Right to Housing: Private Law and Social Policies." European Review of Private Law 23, Issue 5 (October 1, 2015): 777–95. http://dx.doi.org/10.54648/erpl2015048.
Full textDewedi, Éric. "Réflexion critique sur l’attractivité du groupement d’intérêt économique (GIE) en droit de l’Organisation pour l’harmonisation du droit des affaires en Afrique (OHADA)." Les Cahiers de droit 57, no. 1 (February 18, 2016): 131–72. http://dx.doi.org/10.7202/1035216ar.
Full textCharité, Maxime. "Les règles impératives du droit international, limite matérielle à la révision de la Constitution fédérale de la Confédération suisse." Revue française de droit constitutionnel 106, no. 2 (2016): 309. http://dx.doi.org/10.3917/rfdc.106.0309.
Full textGarant, Patrice. "Quelques réflexions sur l'ordre public dans le droit processuel québécois." Les Cahiers de droit 40, no. 2 (April 12, 2005): 367–80. http://dx.doi.org/10.7202/043546ar.
Full textCaillosse, Jacques. "Le Principe d'inaliénabilité du domaine public." Zbornik radova Pravnog fakulteta u Splitu 55, no. 1 (February 28, 2018): 29–43. http://dx.doi.org/10.31141/zrpfs.2018.55.127.029.
Full textTrari-Tani, Mostefa. "L’ordre public transnational devant l’arbitre international." Arab Law Quarterly 25, no. 1 (2011): 89–102. http://dx.doi.org/10.1163/157302511x540835.
Full textDallaire, Pierre. "Responsabilité civile : les municipalités sont-elles en état de siège ?" Revue générale de droit 30, no. 1 (December 1, 2014): 99–124. http://dx.doi.org/10.7202/1027601ar.
Full textDissertations / Theses on the topic "Règles impératives du droit public"
Vodounon-Djegni, Comlan René. "L’exécution des sentences arbitrales contre les personnes publiques de l’OHADA." Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0008.
Full textThe thesis focuses on " The execution of arbitral awards against public persons of OHADA ". Its purpose is to demonstrate how to implement these sentences without coming up against the immunity from execution of the persons who benefit from them. Indeed, in the absence of an arbitration exception, the prohibition of forced execution and interim measures against these persons seems to extend to the forced execution of arbitral awards against public persons of the OHADA. However, like the latter, immunity from execution also has a contractual basis ; it is a rule of public order of protection which the beneficiary can waive. Therefore, its application would only be required if its beneficiary has not waived it. However, to be valid, the waiver of immunity from execution must be express, within the meaning of customary international law, of which the United Nations Convention on Jurisdictional Immunity of States and their Property of December 2, 2004 forms part. applicable in OHADA law, for legal reasons. This condition of validity of the waiver poses the problem of the effectiveness of contracts subject to the mandatory rules of public law or arbitration agreements and regulations. So, should we consider rewriting the usual models of arbitration agreements and rules to include this condition ? This approach would guarantee the effectiveness of administrative arbitration awards, based on the binding force of contracts (pacta sunt servenda) and their performance in good faith. Also, this waiver could be reinforced by the mention of property assigned to the activity in question or to the execution of the award which will ensue unrelated to the activity which gave rise to it. In any event, immunity from execution does not preclude either the identification of the debtors of the pecuniary judgments of public persons, nor the exequatur of administrative arbitration awards, nor even the voluntary or spontaneous execution of the said sentences. T hus, despite its absolute or strict design, OHADA immunity from execution has limits with respect to administrative arbitral awards
Untermaier, Élise. "Les règles générales en droit public français." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_untermaier_e.pdf.
Full textWhy is the expression 'general rules' used in legal discourse? General forms permit to distinguish between general rules and rules that are not general. General rules are the ones which target one or several legal entities, setting aside the individuals these entities refer to. Thus general forms merge with impersonal forms but are not limited to them: general forms have to be also considered in their material dimension, that is to say in relation no more to subjects but objects of the rule of law. There are two justifications for the distinction between general and particular rules. First of all general rules are considered a bulwark protecting citizens from the arbitrariness of those who govern them, the effect of this is particular laws being forbidden and particular rules being submitted to general rules. Secondly the public authorities have the exclusive right to produce general rules and such a right is delegated to devolved and decentralised public authorities with much difficulty, and with even more difficulty to private individuals. Eventually the dispute in general rules has an objective nature. General forms also permit to distinguish general rules and less general rules, special rules. The analysis of the value, then the scope of general rules compared to special rules leads to conclusions full of nuances. If the criterion of speciality entails prevailing rules over general rules, its field of enforcement is limited by the organic criterion, even a material criterion. Furthermore, the principles of the indivisibility of the French Republic and equality bear witness to the fact that French public law is attached to general rules insofar as they are a justification for some derogations. Moreover, general forms tend to reduce the scope of general rules. As a matter of fact, on the one hand a general rule implies the enactment of application rules. Nevertheless, the enforcement authorities have an irreducible margin of manoeuvre. On the other hand, general rules admits derogations and exceptions
Atay, Ender Ethem. "Les règles du droit turc relatives aux engagements internationaux." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32008.
Full textThe object of this thesis is to show how the laws concerning international engagements have evolved in the turkish judicial system from the beginning of the ottoman empire to the present time. The introduction explains, in a general way, the relationship between international law and internal law as well as the problems arising, in particular, from the methods of the decisions on treaties. In order to elucidate the conditions whereby the constitutions of 1961 and 1982 were passed and to understand the point of view of the constituent powers of these two constitutions as well as the importance given to the laws relative to international engagements, the preliminary chapter is consecrated to the elaboration of the said constitutions and international law. The study of the autority to finalize agreements on international treaties in turkey, forming the first part of the thesis, is dealt with primarily in the light of the historical method and the present situation, on a par with 1961 and the 1982 constitutions. In the second half of the thesis, the relationship between international norms is brought to light together with the application, by turkish judges, of the provisions of international conventions, in addition to the unwritten regulations and principles of international
Magnouloux, Hervé. "L'économie politique constitutionnelle : la production des règles de la démocratie." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32006.
Full textConstitutional economics studies exchange's rules. The basic principle is that of voluntary exchange. According to it, constitutional rules, the rules of exchange, appear spontaneusly, or are producted by voluntary agreement. The principle, in this case, is unanimity. Democracy is the best political system. It means that citizens have the same rights. Rules selection and his history show that western societies have grown with an exchanges development. They became open societies. They call themselves democracies. But, in fact, they do not respect principles of voluntary exchange. The majority has all the powers. The solution to restaure constitutional rules of democracy, is to recognize secession right to every political units. The local government seems the optimal political unit for a quasi-unanimity rule. Secession permits people and local government to follow the best rules, the rules they prefer. So, competition provides an optimal evolution to constitutional rules. Competition is the basis of federalism. Local governments may adhere to federations they prefer
Kerbrat, Yann. "L'applicabilité extraterritoriale des règles internes relatives à l'activité internationale des entreprises : étude de droit international public." Paris 2, 2001. http://www.theses.fr/2001PA020057.
Full textBenmbarek-Lesaffre, Kenza. "Les règles matérielles de droit international privé." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020065.
Full textThe material rules of private international law are classically defined as rules that provide substantive answers to a question of private international law. They are distinguished from the traditional conflict of laws rule which is neutral, abstract, bilateral and limited, in its initial form, to the designation of the applicable legal order. This definition shows its limits as the methods of private international law have evolved. Boundaries between the different methods became more unclear, leading to uncertainty as to the legal regime of the material rules. We have tried, through the study of material rules of private international law, to propose a definition that takes into account their specificity but also their variety while distinguishing them from neighboring methods and, in particular, police laws. This definition has led us to a classification of material rules and to the conclusion that their legal regime should depend of the particular subcategory they belong to
Houle, France. "Les règles administratives et le droit public, aux confins de la régulation juridique." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ52158.pdf.
Full textGosselin-Gorand, Armelle. "L' influence des principes communautaires de libre circulation sur les règles nationales de conflit de lois." Caen, 2001. http://www.theses.fr/2001CAEN0061.
Full textLaazizi, Mohamed. "Les règles de Hambourg et la responsabilité du transporteur de marchandises par mer : esquisse d'une évolution." Nantes, 1987. http://www.theses.fr/1987NANT4004.
Full textWithout introducing profound changes in the marine transport law, the Hamburg rules establish a considerable development since the Brussels convention of 1924 relating to the same matter. We can appreciate this development at two levels : firstly relating to the material rules of carrier liability they simplify these rules while at the same time emphasizing the liability. The time limit on the liability is extended so is the domain covered, in fact they cover areas left untouched by the Brussels convention without calling into question the traditional framework of liability. These rules seek to limit the list of exonerating circumstances. Secondly, the Hamburg rules effectuate a progressive assimilation of marine transport rules with these rules in use in air transport and overland transport elaborated through international conventions. In addition to what has been forementioned, these rules have contributed with other international instruments to the formation of a new international marine order. The presence of third world or developing countries in their roles as carrier or shipper in the elaboration of these rules has been an non negligible factor in the democratisation of international marine transport
Moya, Djoleen. "L'autorité des règles de conflit de lois : réflexion sur l'incidence des considérations substantielles." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D061.
Full textChoice-of-law rules do not all have the same authority. The parties, and even the judge, may be allowed to override the designation made by the conflict rule. The parties are sometimes free to depart, by convention, from the designated law (suppletory choice-of-law rules), sometimes bound by the designation made (imperative choice-of-law rules). The judge is sometimes obliged, sometimes free to raise ex officio the internationality of the dispute, and to deduce from it the application of the choice-of-law rule. Considering together such varied questions may be surprising, but it is the approach adopted by French case law. The authority of choice-of-law rules is defined jointly, according to substantive considerations. As a matter of example, an affiliation proceeding is, in French substantive law, a matter of public policy regarding someone’s family status, and deemed to concern an unwaivable right. Therefore, the applicable choice-of-law rule will be imperative and applied ex officio by the judge. Conversely, if the claim falls within a largely suppletory subject matter or relates to waivable rights, the applicable choice-of-law rule will be suppletory, and the judge will not be required to apply it ex officio. Therefore, the authority of choice-of-law rules is defined, with respect to both the parties and the judge, according to substantive considerations.However, this regime is no longer that of European private international law. Firstly, the European regulations have only defined the authority of their choice-of-law rules with respect to the parties, leaving it up to each Member State to determine their authority over the judge. Secondly, the European definition of their authority over the parties disregards any substantive consideration, and retains a whole set of suppletory choice-of-law rules, regardless of the subject-matter. Is case law justified in defining the authority of choice-of-law rules solely on the basis of substantive considerations ? No, because choice-of-law rules designate the applicable law according to choice-of-law considerations. However, one cannot, like the European legislator, exclude any substantive consideration. The supposition of choice-of-law rules concerns substantive law issues. Choice-of-law rules are, thus, devised according to substantive considerations. Therefore, if these alone cannot define the authority of choice-of-law rules, they cannot be totally ignored either
Books on the topic "Règles impératives du droit public"
Untermaier, Élise. Les règles générales en droit public français. Paris: L.G.D.J., 2011.
Find full textLhomme, Didier. Recherches sur les règles juridiques applicables à la négociation en droit international public. Lille: Atelier national de reproduction des thèses, 2003.
Find full textBook chapters on the topic "Règles impératives du droit public"
"Chapter Two. Les règles d’ordre public en droit international." In The Diversity of International Law, 11–27. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004180390.i-676.15.
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