Dissertations / Theses on the topic 'Respect de la personne – Droit'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Respect de la personne – Droit.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Juncu-Moraru, Corina. "Le droit au respect du secret de la personne, droit fondamental ?" Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32025.
Full textIs there a right to secrecy and, if so, should this right be classified as a fundamental right? Indeed, should one not notice, beyond the protection of privacy, the gradually emerging elements of a fundamental right, inseparable from the very notion of natural person, an area representing the secrecy of a human person without which his/her unique individual consciousness, as well as his/her opinions and choices could not express themselves in action? In addition to the transparency requirements, designated in recent decades as the foundation of democratic societies, the urgent need to abide by a secrecy domain proper to the human person becomes more imposing each day, obligation most often accompanied by legal sanctions and gradually developing into a right. This necessary secrecy, a counterpart of the freedom of expression, ultimately acts as another guarantor of a pluralist democracy. The explosion of technical means of investigation requires rethinking the relationship already established between secrecy and information. The individual must be protected against indiscreet and unjustified intrusions in the substance of his person by a right to secrecy, essential to his/her self-determination. Only the right to secrecy provides him/her with the legal background enabling him/her to determine his/her own profound values and build his/her own identity. The place secrecy occupies in each individual’s life and in society as a whole, leads one to wonder about the meaning of this concept, the legal nature of the right to secrecy, and the modalities of his/her protection under the positive law. The first part of this thesis seeks therefore to bring to light the protection of the secrecy by constitutional and European judges, as well as its characteristics as a fundamental right. The second part of this study is devoted to the analysis and synthesis of all normative acts that ensure the preservation of various aspects of the right to secrecy. These texts, often criminally sanctioned, are common in French law, though, with no one actually attempting to fully comprehend them so far. Their scope confirms that, while a fundamental right, the right to secrecy can never be absolute
Thepot, Vanessa. "Essai sur la sauvegarde de la personne humaine." Toulouse 1, 2006. http://www.theses.fr/2007TOU10041.
Full textNtila, Edouard. "Le respect des droits de la personne au cours de l'instruction préparatoire en droit camerounais." Paris 2, 1998. http://www.theses.fr/1998PA020083.
Full textThrough this thesis, we have to seize the cordination between the repression and the protection of the personal rights during the committal proceedings in cameroonian repressive law. It is demonstrated that ; till 1972 , personal rights were seriously guaranted during this phase of proceedings : primo, with cameroonian traditional criminal repressive law, through his accusatory system characterized by the solidarity, the negotiation, the mediation , the conciliation and the compensation. Secundo , with the colonial repressive law, through the french criminal instruction code of the 1808 , and his principles such as : the separation of the functions of the repressive justice , the presumption of the innocence, the legality, the equality etc. A contrario , this thesis reveals that ; since 1972 , two ordinances of the august 26 and september 28 of this year, institued the arbitrary in the repressive proceedings. This thesis is divided into three parts : in the first one, we examined the protection of the liberty according to the tradition and the texts till 1972 ; in the second one, we presented presidential ordinances of the 1972 ; in the third one , we've considered several propositions of the criminal policy. In conclusion, we realized that ; to resorb the criminal phenomenon in cameroon , it is absolutely necessary to consider both social realities and social values , including both traditional system of law, and modern system of law brought by the colonization for improve the present criminal policy
Marret, Nathalie. "La dignité humaine en droit." Poitiers, 2000. http://www.theses.fr/2000POIT3026.
Full textEVAIN, STEPHANIE. "Le principe de sauvegarde de la dignite et le respect de l'identite de la personne humaine en droit public francais." Cergy-Pontoise, 1999. http://www.theses.fr/1999CERG0068.
Full textBourgeois, Nathalie. "La sauvegarde de la dignité de la personne humaine en droit public français." Reims, 2001. http://www.theses.fr/2001REIMD002.
Full textPut in the constitutionality block and in the administrative public order by the constitutional and administrative judges, the principle of safeguard of the human person's dignity becomes from 1994 an essential datum in french public law : it expresses the care of a juridical protection of manking humanity, which mobilizes the jurists but also the political class and the whole society. The hard juridicisation of the principle (because of its absolute value) happens especially with the emergence of a subjective right of every one to the respect of his human dignity. But this special principle does not always fit to the french juridical order : it intervenes in a increasing sphere, it becomes a moralizing principle, it sometimes losts its absolute value because of some of his applications. To harmonize the safeguard of the human person's dignity with the french public law, it will be useful to restrain its intervention's sphere (on its material aspect, and concerning its receiver), but also to conciliate the principle and the classical liberties of law
Masquefa, Nicolas. "La patrimonialisation du corps humain." Thesis, Avignon, 2019. http://www.theses.fr/2019AVIG2065.
Full textFrench law has trouble with the idea of classifying the human body as a « thing », alongside other legal objects. In the French legal tradition, the body is presented as an element completely inseparable from the physical person; according to it, « The body is the person ». As science advances, however, this assimilation of the body by the person faces confronts a more modern reality. Science’s spectacular progress in the domains of biology and biotechnology have considerably changed its purview. More usable to itself - and to others - with each passing day, the body has become a resource: a conglomeration of elements and products susceptible to being transformed, created, and harvested. The contradiction which arises from the confrontation of these facts with the body’s traditional legal status forces us to question once again what the body is. Today, the confusion about this subject is so great that the answer to this question is uncertain. If the distinction between persons and things is the foundation of the French legal system, the boundary separating these two categories has become permeable. The law is now confronted with in-between entities, wavering between « person » and « thing », « to be » and « to have », without knowing well what belongs where. The state of things calls now more than ever for an investigation into the method with which legal science adopts these new challenges. From the human body to the robot, from the embryo to the animal, lawyers are still striving to clarify their legal concepts
Landros-Fournalès, Elisabeth. "La libre disposition du corps humain en droit médical." Paris 13, 2009. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2009_landros.pdf.
Full textThe free disposal of one’s body, in medical law, is another legal concept under construction. It benefits from the contemporary promotion of the subjective rights of the patient by the law "Kouchner" of March 4th, 2002 and imposes itself on the medical community. In public law, the free disposal of one’s body is substantially connected to the right to respect for private life in its two essential components. At first, the person is protected against unauthorized breach of privacy (both offences against the physical integrity of persons or disclosure of corporeal information). Then, the person can decide freely on the use of one’s body in the medical relationship. If the various constituents of this freedom don’t benefit from an equal protection, their unity lie in the “informed consent” notion. This freedom is very singular because it’s not only limited in the general interest, but also integrates the specific constraints to institutions and actors of the health system which it needs to become a reality. Consequently, the free disposal of one’s body is an assisted freedom
Gachi, Kaltoum. "Le respect de la dignité humaine dans le procès pénal." Paris 2, 2008. http://www.theses.fr/2008PA020095.
Full textMelillan, Maïté. "La protection du droit au respect de l'intégrité physique et morale dans la jurisprudence de la Cour interaméricaine des droits de l'homme." Montpellier 1, 2003. http://www.theses.fr/2003MON10034.
Full textDelahaye, Jean-Marie. "Le manquement au devoir d'humanité dans les soins médicaux." Paris 8, 2005. http://www.theses.fr/2005PA083584.
Full textThe failure with the duty of humanity, in the medical acts, is seldom defined as such by the judges although it is the object of repetitive complaints of patients who primarily feel it like an attack with human dignity. In first part, the various aspects of inhumanity in the medical acts are approached with principal reference to the medical code of ethics: reflection of medicine "to the service of the humanity" which regulates the respect for human dignity, the respect of its physical integrity, psychic, the freedom of the patient, its free choice and its assent. Real examples of lived of patients victims of these acts of inhumanity are presented. In second part, the legal consequences of the failure to the duty of humanity make it possible to inform the remarks on the medical responsibility, right of the patients, devoted by the law of March 4, 2002, concept of medical fault per defect of humanity and the repair of the medical accidents. In conclusion, the doctor, looking after must apply, the proverb "Science without conscience is only ruin of the heart"
Kanoun, Sonia. "Information médicale et médicaments à usage humain : des essais cliniques à la mise sur le marché du médicament à usage à usage humain." Paris 8, 2008. http://www.theses.fr/2008PA083047.
Full textMedical experiments conducted by Nazi doctors along with the recognition of fundamental principles such as human dignity, respect of the individual or acceptance of some autonomy for subjects – even the most vulnerable – together led to a decline of medical paternalism, which is the direct result of generalized medical information. As a product that is consumed for a particular purpose, medication must be accompanied by extensive information, equally as much during clinical trials as after release on the market. With medication there is a therapeutic goal in which the fundamental principle is "first of all, do not harm". Therefore medication must meet specific guarantees regarding its effectiveness or primacy of benefits over risks. Medication that is more efficient, invasive, and aggressive requires patient consent prior to consumption. In recent years, the pharmaceutical industry has been shaken by an impressive number of crises leading to increased questioning of how those products – ostensibly administered for patients' well being – could have such catastrophic repercussions on the health of a few patients. Any information about human life sciences takes a clearly defined position in several respects. For example, the advancement of pharmaceutical development must meet legal requirements, particularly the obligation to publish. It is also imperative that the law distinguishes what information can be made public. Finally, information is inherently ambiguous in advertising. Is it good to know it all?
Maurer, Béatrice. "Le principe de respect de la dignité humaine et la Convention Européenne des Droits de l'Homme." Montpellier 1, 1998. http://www.theses.fr/1998MON10010.
Full textBeauchamps, Anne. "Des garanties aux atteintes à la liberté individuelle." Nice, 2000. http://www.theses.fr/2000NICE0049.
Full textThe most fundamental aspect of freedom is the safety right. The coercive mesure must be forecast by the law and have to be accompanied by a decision of a tribunal. However, in many cases a government official, the Prefect, can decide to detain someone. The preservation of public order can justify this faculty but the legislator have to regulate the conflict of two opposite interests. Many garantees must preserve the dignity of a personn and prevent from the arbitrary detention. Two ways have to be followed : on the one hand, a new and best application of rights, on the other hand, a much improved judicial review
Youhnovski, Sagon Anne-Laure. "Le droit de la vie humaine. Contribution à l'étude des relations entre la vie humaine et le droit." Electronic Thesis or Diss., Lyon, 2021. https://scd-resnum.univ-lyon3.fr/in/theses/2021_in_youhnovski_a_l.pdf.
Full textThe big bang caused by the meeting of human life and law has led to the creation of several legal prescriptions that have human life as their object. Despite their heterogeneous nature, it is possible to outline a common structure, enabling stability and unity in the relationship between human life and law. The law of human life is the structuring concept of this relationship. Mustered as a new key to reading their relationship, the law of human life should make it possible to identify all the dynamics that make them oscillate.Precisely, the law of human life is subject to opposing currents. A first trend uses the law as an instrument to increase the respect for life. A second liberal current tends to solicit the exercise of control over life, reflecting the movement towards the subjectivisation of fundamental rights and freedoms, to which the valorisation of personal autonomy provides fertile ground. The law of human life thus has a dual nature, the right to respect for life forging its objective nature, the right over life revealing its subjective nature. These two rights are seemingly antagonistic. However, taking into account the degree of subjectivisation of the law of human life allows us to qualify the influence of this phenomenon on it. The State, charged with the task of striking a balance between these two poles, sets itself up as the guardian of respect for life, with the deployment of the regime of control over life being controlled or even curbed. The balance of power within the law of human life turns out to be disproportionate to the right to respect for life. The duplication of the law of human life allows the right to respect for life and the right over life to coexist without causing their mutual neutralisation
Vibrac, Geoffrey. "Le corps et la preuve pénale." Thesis, Université de Lorraine, 2019. http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2019_0230_VIBRAC.pdf.
Full textThe purpose of each trial is to determine a judicial truth. For that, it is necessary to bring different proofs which will lead to preserve the social order, regarding civilian law as well as criminal law. The body does not escape such an objective : yesterday as today, it was and it is used for probative purposes. However, while it has been abused to obtain usefull information for a procedure throwghout history, it is now, theoretically, subject to multiple protections both national and supranational. Thus, the latter, remains a tremendos object of probative investigation, very talkative, which leads to obtain information considered more and more reliable and above all, discriminating (and this, whatever its form: global body or a simple detached element of this material human reality). So far, the visual observation of a person is not always enough for the body to become proof : body proof is mainly a scientific evidence and the growing growth of science allows an easy development of it. This is how our judicial procedures are increasingly appealing to the scientist: the scientist is a strong ally to "make the body speak" and he provides real support to the magistrate. In any case, it is necessary that a fair balance be found between the preservation of the general interest and the individual protection of the person and his body
Gras, Marie-Claire. "Souveraineté de l'État et droits de l'homme : les leçons de l'Amérique Centrale dans la decennie 80 : étude sur l'impact de l'environnement juridique et le rôle de l'action internationale, en faveur du respect des droits de l'homme en période de troubles internes." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10189.
Full textBy studying four central American stats which have experienced various periods of internal unrest during the nineteen eighties, this thesis reflects on the occurrence of massive human rights violations during these periods, violations which persisted despite the existence of adequate legal mechanisms for the protection of rights both at the international and internal level. It analyses the political factors which can explain these crises and the ensuing human rights violations and concludes that the main cause of this unrest is the lack of state sovereignty. If the state cannot enjoy popular legitimacy and needs to resort to the use of force to ensure its power, the rule of law collapsed and human rights are threatened, no matter how sophisticated the legal protecting environment. From this can be drawn guidelines for more successful international action in favor of human rights in times of internal unrest. Examining the whole range of international action, governmental and non-governmental, it appears that neither purely legal action nor human rights action which in reality seeks to maintain the politico-social status quo can be really effective. The only positive action is the one which seeks to tackle the roots of the unrest. This explains the inadequacy of the various “fire brigade” interventions which can provide immediate relief but only at a superficial level. All in all, lobbying those forces capable of influencing the political settlement in these countries appears theoretically to be the best action for individuals. However, to be fruitful, this kind of activity implies a general consensus on human rights objectives which in reality proves difficult to achieve
Mamouna, Nicaise. "Le noyau intangible des droits de l'homme." Rennes 1, 2001. http://www.theses.fr/2001REN10405.
Full textToulieux, Fabrice. "Le droit au respect de la vie familiale des étrangers et l'article 8 de la convention européenne des droits de l'homme." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_toulieux_f.pdf.
Full textIn its initial version, the Convention for the protection of Human rights and fundamental freedoms doesn’t guarantee foreigners either a right of entry and residence on the territory of a Member State or a protection against an expulsion measure. However, since decisions concerning aliens police may infringe the right to respect for family life that the article 8 of the Convention protects, both european and french case-law admit that litigation on aliens police enters the scope of this article. To benefit from this protection, the foreigner must prove that the measure in question, taken by public authorities, constitutes an interference with his family life. Invasions of family life are accepted only if, in accordance with the law and seeking a rightful purpose aimed at in the second section of the article 8, they are necessary in a democratic society. Otherwise, public authorities have to make up for the disproportionate infringement, adopting the more suitable measure to realise or maintain the family unity on the french territory. Regardless of national law, which enables foreigners to enjoy a right of entry and residence in France or a protection against an epulsion measure, interested parties can obtain recognition of such rights on the basis of the article 8 of the European Convention. Foreigners can therefore equally put forward national law or Europena Huma, rights law
Neyret, Laurent. "Atteintes au vivant et responsabilité civile." Orléans, 2005. http://www.theses.fr/2005ORLE0003.
Full textRage, Virginie. "L' exploitation thérapeutique du corps humain créatrice d'une nouvelle catégorie de biens." Montpellier 1, 2008. http://www.theses.fr/2008MON10014.
Full textAlbayrak, Sabrina. "Respect du droit aux choix et aux risques des personnes âgées en institution : impacts sur la perception de la qualité de vie des résidents." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV017.
Full textThe aim of this thesis was first to study how the liberty of the residents in nursing homes for elderly has been impacted by the policies led regarding the respect of the right to choose and to take risks. Secondly, we studied the impact they had on the way of living chosen by the elderly.The first part of the thesis aims at studying the state of the aging process and the status of the elderly in France and the influence of our own social representations, on their behavior. The hypothesis of a link between our Society’s prejudices on the elderly and the decrease in their autonomy is implicit.The second part of the thesis aims at better understanding the nursing homes residents’ expression possibilities. We also focused on the factors which would allow their emergence in standard places at all levels of social life.Our main hypothesis is that the dependency level of a person (physical and/or psychological) is no impediment to his or her capacity to bear in mind their liberty margin, which expression is determined by external and internal personal factors.The third part of the thesis tackles the policies put in place to respect the elderly rights to choose and take risks within their caring homes, as well as the ethical, medical and social stakes raised by this notion.The hypothesis of the link between the setting up of these policies and a certain organizational context has been emphasized.Finally, in the last part, we studied the impact the policies applied on the respect to choose and take risks had on the residents’ perception of their quality of life.An indicator grid has been co-produced to distinguish the institutions respect of their residents’ rights and risks.The results we obtained highlights the significance of taking into account the respect and the dignity of the elderly in the study of the protective factors of the quality of life, both at the individual and contextual level
Cadorette, Marlène. "Le consentement libre et éclairé de la parturiente en droit québécois : l'accouchement comme contexte d'évitement du respect de l'autonomie." Thesis, Université Laval, 2006. http://www.theses.ulaval.ca/2006/23768/23768_1.pdf.
Full textChauvet, Delphine. "La vie privée : étude de droit privé." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111006.
Full textPrivacy is a jurisprudential notion, recently established by the legislator. Nevertheless, it’s not yet clearly defined. Privacy lies within an utterly variable context. Consequently, its domain and legal system are difficult to determine. However, notions such as intimacy, identity and personality help apprehending the concept of privacy.The evolution of society and the spreading of new technologies have impacts on privacy. Jeopardized, it has to be better protected. French courts and European Court of Human Rights are attempting at this necessity.If privacy is subjected to a right of respect, its dispute isn’t limited to defense. Privacy also contributes to personal development.Yet, right of privacy is relative insofar as it draws antagonist interests, such as general interest and various particular interests.This study contributes to apprehending privacy with regard to the Law
Legendre, Rebecca. "Droits fondamentaux et droit international privé : Réflexion en matière personnelle et familiale." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020074.
Full textFundamental rights put private international law to the test. First, the context in which private international law operates has evolved. Fundamental rights have created a better, closer, intertwining of the separate state legal orders and have achieved a higher protection for the persons as they experience international mobility. If this evolution does not threaten, as such, the existence of private international law, it must be acknowledged that fundamental rights modify its analysis. Whereas the conflicts between legal orders are transformed into conflicts between values, the hierarchy of interests protected by private international law is replaced by a balancing of these interests. The solutions of private international law are thus disrupted by the enforcement of fundamental rights through litigation. Proportionality is at the source of this disruption. Being a case by case technique of enforcement of fundamental rights, the influence of the proportionality test on private international is uneven. If the proportionality test is found to be overall indifferent to the methods of private international law, its main impact is on the solutions of PIL. The European courts are indeed prone to favour the continuity in the legal situations of the persons, over the defence of the internal cohesion of the state legal orders. As a consequence, private international law is invited to reach liberal solutions. The enforcement of fundamental rights through litigation must hence be clarified so as to maintain a mesure of authority and predictability of the solutions of the rules of conflict of laws, international jurisdiction and recognition of foreign judgements. It is, on the one hand, by methodologically dissociating the enforcement of fundamental rights from the public policy exception and, on the other hand, through an amendment to the proportionality test, that the balance of private international may hopefully be restored
Legendre, Rebecca. "Droits fondamentaux et droit international privé : Réflexion en matière personnelle et familiale." Electronic Thesis or Diss., Paris 2, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201181.
Full textFundamental rights put private international law to the test. First, the context in which private international law operates has evolved. Fundamental rights have created a better, closer, intertwining of the separate state legal orders and have achieved a higher protection for the persons as they experience international mobility. If this evolution does not threaten, as such, the existence of private international law, it must be acknowledged that fundamental rights modify its analysis. Whereas the conflicts between legal orders are transformed into conflicts between values, the hierarchy of interests protected by private international law is replaced by a balancing of these interests. The solutions of private international law are thus disrupted by the enforcement of fundamental rights through litigation. Proportionality is at the source of this disruption. Being a case by case technique of enforcement of fundamental rights, the influence of the proportionality test on private international is uneven. If the proportionality test is found to be overall indifferent to the methods of private international law, its main impact is on the solutions of PIL. The European courts are indeed prone to favour the continuity in the legal situations of the persons, over the defence of the internal cohesion of the state legal orders. As a consequence, private international law is invited to reach liberal solutions. The enforcement of fundamental rights through litigation must hence be clarified so as to maintain a mesure of authority and predictability of the solutions of the rules of conflict of laws, international jurisdiction and recognition of foreign judgements. It is, on the one hand, by methodologically dissociating the enforcement of fundamental rights from the public policy exception and, on the other hand, through an amendment to the proportionality test, that the balance of private international may hopefully be restored
Pfeiff, Silvia. "La portabilité du statut personnel dans l'espace européen: De l’émergence d’un droit fondamental à l’élaboration d’une méthode de la reconnaissance." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/229680.
Full textDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Rubi-Cavagna, Eliette. "Le respect de la Convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales par la France et l'Espagne concernant la protection de la personne du détenu." Montpellier 1, 1995. http://www.theses.fr/1995MON10045.
Full textWasenda, N'Songo Corneille. "Le droit pénal congolais confronté aux exigences constitutionnelles." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D046.
Full textWhereas in other places the link between constitutional law and criminal law have been accepted as the basis of criminal law on the one hand, and the major questions of repressive law have played the role of a catalyst for the constitutionalisation of criminal law the state and the emergence of human rights on the other hand, in the Democratic Republic of Congo, however, the issue has rarely been treated systematically by researchers. Would the constitionalization of criminal law be a neglected subject ? The present thesis had the ambition to take up the challenge by making a cross reading and transversal of the various constitutions which ruled the country since the Basic law of 1960 relating to the structures of Congo, until the current Constitution of February 18. 2006. In this quest, it was necessary to avoid the trap of compartmentalization of legal disciplines by opting rather for their interdisciplinarity. Originnaly designed to combat the slave trade and protect the trade to the signatory states of the Berlin Act on the territory forming the Congo Basin, the criminal law has long kept this figure of a summary work, ignoring the importance constitutional issues on criminal policy. The observation was made during the developments of the first part devoted to the lack of respect for constitional requirementsin the construction of the repressive mechanism both in its foudations and its philosophical orientations. The changes that took place after the colonial period did not change the situation. Rather, they have created a repressive regime that focuses on protecting political institutions and their leaders, ignoring constitutional guarentees and respect for the fundamental rights of the human person. The democratic changes introduced by the Costitution of 18 february 2006 augured a new ideological framework in the organization of society. It jhas introduced new forms of social control and regulation, which are naturally part of a new criminal law. The latter must comply with certain ethical conditions in the determination and hierarchy of social values on the one hand, and one the other hand, in the protection of the social group with particular attention to vulnerable people and, finalty, it must have a value both for ordinary citizens and for the various categories of offenders, including a range of appropriate. The examination of all these questions has demonstrated in the second part of the thesis that there are limits to the respect constitutional requirements, because of the lack of adaptability of a constitutional review of penal norms and especially because of the insufficiency of criminal protection of the Constitution, thus preventing the Constitutionnal Court from playing the role of a real actor of criminal policy
Levy, Catherine. "La personne humaine en droit." Paris 1, 2000. http://www.theses.fr/2000PA010299.
Full textDubois, de Luzy de Pelissac Agnès. "L'interposition de personne." Paris 11, 2008. http://www.theses.fr/2008PA111010.
Full textTalarico, Laure. "La personne du majeur protégé." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_talarico_l.pdf.
Full textFollowing the January 3rd 1968 law, a case law set the foundations of individual protection by asserting that when an adult under legal protection has the ability to express his will, the latter should be respected whilst ensuring the distribution of competencies between protection organisms if the protected adult is inapt to decide on his own. However, the application of the case law found its limit in the strictly personal nature of all acts. It appeared that all personal acts could not be represented by a third party. The rules of competencies allocation described in the January 3rd 1968 law, based on classifications of patrimonial acts, were hardly applicable to personal acts due to the difficulty in classifying representable acts & acts incompatible with this technique. Adult individual protection resulting from the reform issued from the March 5rd 2007 ruling is based on an autonomous regime, different and opposite to the patrimonial protection regime. It is based on the capacity presumption which allows, in theory, the protected adult to accomplish himself acts related to his own person. Nonetheless representation and assistance of the protected adult are not excluded. Civil law foresees, generally speaking, their application when the adult is inapt to grant on his own, unless the concerned personal act is strictly personnel. Besides different particular laws, issued from civil rights and public health rights, maintains representation and assistance for protected adults. Other more innovating techniques ensure individual protection, like support when the latter is under legal proceedings or the ability for the individual, with a mandate for future protection, to anticipate the moment when she is no longer capable of acting on her own. Resulting from these different techniques is a relatively complex regime of individual protection for incapable adults with particularities which will certainly appear in their application
Blondel, Marion. "La personne vulnérable en droit international." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0268/document.
Full textThe term vulnerable person is more and more frequently used in the different fieldsof contemporary international law. Although rarely defined when used, a vulnerable personcan be understood as an individual whose weakness and/or particular situation predisposeshim to serious risks. The term can then cover various situations. The adaptability of the termenables a practical protection of the individual, according to each specific need. The term ofvulnerable person thus takes a place in the positive law without any specific and expressdefinition. As a consequence, neither the beneficiaries nor the terms of protection of the latterare defined. However, as the identification of an individual as a vulnerable person produceslegal effects, the conceptualization of such term becomes necessary. As it has become areality in international law, it influences not only the legal order but also the socialenvironment, and as a consequence arouses theoretical questionings
Gerbault, Patrick. "La personne morale garante." Paris 1, 2003. http://www.theses.fr/2003PA010017.
Full textGiocanti, Dominique. "Le droit au respect de l'auteur en droit français." Paris 2, 1989. http://www.theses.fr/1989PA020092.
Full textThe right to respect is one of the prerogatives of artistic and literary property. Coming from a humanist tradition, it appears fundamental since its goal is to protect the integrity of creative works which are an expression of their authors' personality. The whole concept of creative works and authorship has been considerably extended over the years. Hense this tight protects works in which the personal aspect is juridical fiction rather than reality, which places the right to respect in an ambiguous position. This situation means that the right to respect can now be questioned. This clearly appears when one studies the extent of its field. Indeed, according to classical theory, the right to respect is virtually an absolute right that can be limited only by the needs of adaptation of the work. However, today there are many exceptions, especially in date-banks, software and even perhaps also the audiovisual field. This tendency seems to be confirmed by a recent decision of the paris court of appeal to refuse to consider the right to respect as part of international public interest
Senamaud, Michel. "Télédiffusion et respect des oeuvres." Paris 1, 1994. http://www.theses.fr/1994PA010256.
Full textThe purpose of this thesis is to examine wheteher the development of television, which has multiplied the applications of cinema movies and audivisual works, has changed the nature and scope of the right to respect to which intellectual works are entiled under french law or wheter french law, where moral right prevails, has management to avoid the excesses observed in copyright countries where television broadcast frequently involve serious damage to the intergrity of such works. The thesis is divided into two parts. Part one aims to determine which televised works are entitled to copyright protection, as the distinction between protected works and other programs is essential to determine the scope of the broadcasters obligation to respect broadcast works. Chapter one defines televised works protected by french copyright law. Chapter two specifies the application of french copyright law to protectable foreign works. Part tow examines respect for televised works by boradcasters. The author examines their influence in two key phases : (1) during development and production, in a first chapter entitled provisions for right to respect designed to facilitate the development of works; (2) during exploitation, in a second chapter entitled preeminence of right to respect during exploitation. The third chapter rounds off this study with a description of the laws and regulations protecting holders of subsidiary rights, artist-interpreters and audivisual communication companies. The final chapter examines ways of preventing and repairing infringements of the right to respect
Aurey, Xavier. "La transformation du corps humain en ressource biomédicale. Etude de droit international et européen." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020023.
Full textTransformed into a biomedical resource for the benefit of the care of others (blood, tissues, cells, etc.) or research (clinical trial subject), the body is now subject to the challenges of the globalization of the medical world. Such finding won’t challenge all approach based on human rights, but it requires rethinking them differently, by including all stakeholders involved. Human rights must then adapt their vocabulary, without compromising their founding values. The thesis here developed aims to demonstrate that both the principles of bioethics and of human rights are not sufficient for the protection of individuals in the specific context of the transformation of the human body in biomedical resource. It is then necessary to teach all actors of the technical standardization of biomedicine and of health market to translate the language of human rights in their own dialects
Wu, Tzung-Mou. ""Personne" en droit civil français : 1804-1914." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00738952.
Full textStephan, Jérôme. "L'identité de la personne humaine : droit fondamental." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0400.
Full textOne of today’s debates which can no longer be ignored and which has been on everyone’s lips for several years is the concept of identity. It is at the heart of numerous and diverse problematics. Beyond its polysemous paradox, identity is a well-known notion in humanities, whereas in law its outlines are still unclear. What does the legal notion of identity integrate? Can the right to which it is linked be a fundamental one? Identity is not only a set of elements that allows the state to make a distinction between two persons. The official state identification procedures, like civil status and identity documents, have to face current themes and particularly security ones. But identity, after being a long-time state monopoly, is becoming more and more often a way to claim. Indeed, identity, versatile and evolving, is freeing itself from the state regulatory framework so that the individual can express himself and enhance its individualization. Today, identity is not only the answer to « who am I? » but also to « who do I want to be? » Identity claim is part of a personal approach of multiple recognitions such as sex, gender, name, religion and origin. In fact, there is no identity crisis. On the contrary, identity is actually changing. The only crisis it would face would be, as theorized by psychologist Erik Erikson, due to adolescence. Therefore, identity would face a transition before adulthood that would ensure full legal status recognition. The right of identity is being complemented by the emerging right to identity. Even if it is still fragmented, it tends to be recognized as a real fundamental right inherent to human person
Therond, Virginie. "La personne agée malade." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32031.
Full textThe reception, care, medical, assistance, "medico-social" structures intended for the elderly ill are exposed and commented on. It is the adequacy of the real needs of the elderly dependent people which is lacking more than the numerical offer or the technical nature of the existing system. The legal protection of this population is assured concerning suffering, euthanasia and (health economy). But the respect of the person (during care at home or in institution), of his autonomy to manage his life, his possessions, can be incomplete-this despite the fact that the law (international and national) decreets its requirement. The judicial arsenal seems to be sufficient. It is the lack of initiative in its implementation and therefore its lack of concrete result which seem to be in cause. In this case, the status of the elderly ill person comes close to that of children
Plazy, Jean-Marie. "La personne de l'incapable." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40002.
Full textThe object of incapacity law is to compensate for human weakness. Legal incapacity, though not going so far as to suppress personality, entails a restriction of the individual's independance that overshadows it. Therefore, it may be wondered what is left of the independance of the individual under such legal protection. This study will show that a near-capacity still remains in personal rights, as opposed to patrimonial rights. It is possible to define a zone of fundamental rights, i. E. Maintenance of the incapable person's immediate surroundings (house, way of life, etc. . . ), respect of his physical and moral integrity, and respect of his personal needs. The incapable person's capacity to exercize other rights, undergoes much greater alteration, though a difference is perceptible between those under age and adults. The assistance given to the protected person allows a conciliation between liberty and protection. This assistance, to prove satisfactory, requires a proper sharing-out of functions between the incapable and his legal protector, and in particular a good classification of what is, or not, a personal act, depending on its gravity. In case of opposition between the incapable person and his legal representative, an ad hoc tutor could be designated, but it would be equally important to give the incapable person a right of veto. It could also be useful to hear the incapable person in court, in cases concerning him
Bourgeois, Muriel. "La personne objet de contrat." Paris 1, 2003. http://www.theses.fr/2003PA010308.
Full textLe, Noan Anaïg. "Essai sur la notion de personne en droit privé." Montpellier 1, 2004. http://www.theses.fr/2004MON10068.
Full textBen, Hamida Walid. "L' arbitrage transnational unilatéral : réflexions sur une procédure réservée à l'initiative d'une personne privée contre une personne publique." Paris 2, 2003. http://www.theses.fr/2003PA020032.
Full textKaravokyris, Georgios. "L'autonomie de la personne en droit public français." Paris 2, 2008. http://www.theses.fr/2008PA020008.
Full textGailhbaud, Christine. "Le droit de la sécurité de la personne." Nice, 2007. http://www.theses.fr/2007NICE0046.
Full textAt the beginning was the physical injury. At the beginning of the XXth century, the judges had to deal with the claims for compensation for personal injuries suffered. Two mechanisms were used by the judges to achieve this goal : the safety obligation and the breach of contract in terms of tort law. The use of these two mechanisms shows clearly the existence of everyone's right to safety. The right to safety is based on the princip of dignity of the human being. The damage caused by the non respect of the right to safety is, therefore, illegal. The personal injuries compensation issue has to be dealt in a coherent system in parallele with the protection of the person's health and body. All these rules could be found in the “safety law”. The “safety law” is proposed, new by it's name, but renovated by it's composition
Jonas, Carol. "L'opposition de la personne à l'acte médical." Tours, 1993. http://www.theses.fr/1993TOUR1002.
Full textThe principle of consent before any medical intervention is essential in french law, so that patient may always refuseit. The origine of this law proceed from the principle of body intangibility and from the contract rules. This law applies to therapeutic and non therapeutic interventions. Obligations result for the doctor because of this right : the most important is the information in order to permit refusal or consent; limits and extent of this information are discoussed, as the choice between oral or written information. If the doctor doesn't respect his obligations, penal or disciplinary sanctions can occur, as well as civil compensation. But, sometimes, opposition is no more possible : for example when law and order are interested for mentally ill treatment, dangerous alcoolics, drug addicts or sexual disease. The justice has also prerogratives to produce proofs or to impose treatments. Lastly, the denial of opposition can be justied by private rules such as emergency or necessity, or when the subject is consciousless. Specially rules exist for minors and disabled people
Rachet-Darfeuille, Véronique. "L' état mental de la personne : étude juridique." Paris 1, 2001. http://www.theses.fr/2001PA010263.
Full textRebibou, Philippe David. "Le cautionnement consenti par une personne mariée." Nice, 1996. http://www.theses.fr/1996NICE0022.
Full textBourgeois, Muriel. "La personne objet de contrat /." Orléans : Paradigme, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/513009191.pdf.
Full text