Dissertations / Theses on the topic 'Responsabilité du fait des produits et du fait des services'
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Zohore, Dominique. "L'équilibre contractuel entre fournisseur et utilisateur de services de communications électroniques." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32091.
Full textVan, Gool Elias. "Product Liability in a More Circular Economy : A Study of Liability for Alternative Methods of Distributing and Producing Consumer Goods." Electronic Thesis or Diss., Université de Lille (2022-....), 2024. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2024/2024ULILD015.pdf.
Full textSpecific, more strict theories of product liability, which have now largely been maximally harmonised in the EU, have developed on the basis of a linear economic model. By using doctrinal and economic legal research, this thesis examines the state of EU product liability law and how it is tested by alternative, circular economic methods of distributing and producing consumer goods, like product reuse, repurposing, resales and other retransfers, repairs, refurbishments and remanufacturing. Besides direct relevance to circular economy in the consumer goods sector, this study of so-far overlooked questions offers new theoretical insights about product liability with broader academic and practical relevance. After a general introduction to the domains of product liability and circular economy, a normative framework is developed that blends distributive justice in terms of economic efficiency with corrective justice. Subsequently, it is argued that also in a more circular economic setting a more strict product liability rule like the EU harmonisation is preferable in light of this normative framework, while the added value of product liability increases compared to its main regulatory alternatives. The thesis then studies the application to the aforementioned circular strategies of current EU product liability law based on the 1985 Directive and its almost finally adopted 2024 successor. Overall, EU product liability law turns out to be quite versatile and its relevance in a more circular consumption sector is improved by several of the new proposed rules. Nevertheless, some limitations remain and also some interpretative issues are identified in the proposed new Directive, for which amendments are proposed
Aubé, Erwan. "Assurances et responsabilité du fait des produits défectueux." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10037.
Full textThe crossover study of insurance and civil liability related to faulty products yields an analysis of the specific provisions set down in articles 1386-1 and the following of the Civil Code along with the different principles of civil liability that they complete and the specificities of insurance law. The coherence of the new set of provisions recently added to the Civil Code is thus considered through a more precise outlining of their implementation and by examining, within the light of case law, the possible extensions of their scope of application. The implementation of these new provisions has been a source of uncertainty, regarding the proof a product's safety defect or compliance with delays imposed by the legislator. In a correlative manner, the application of measures specific to insurance law require that a number of demands be met, relative to the notification of a claim or the compensation methods used by the insurer
Houéyissan, Wilfried A. "Les obligations de livraison, de conformité et de garantie contre les vices cachés : étude du droit OHADA à la lumière des droits français, québécois et de la Common law canadienne." Nantes, 2015. http://www.theses.fr/2015NANT4002.
Full textRideau, Annabel. "De l'intégration et de l'application comparées de la directive 85/374/CEE sur la responsabilité du fait des produits défectueux en France et en Angleterre." Paris 2, 2000. http://www.theses.fr/2000PA020123.
Full textKheir, Bek Lamiaa. "Les fonctions de la responsabilité du fait des produits défectueux : entre réparation et prévention : étude comparée entre le droit français et le droit américain." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32006.
Full textIn a time where risks multiply exponentially, it becomes a must to find a mean obliging the decision makers to observe the weakness of their knowledge and the importance of making their decisions on the basis of their ‘ignorance’ and lack of understanding of the world. Our study focuses on the production and distribution industry that should anticipate and manage the risks it creates. One of the factors influencing the parties in this direction is the recourse to liability. At all times, french and american traditional liability solutions have played a role of compensation, clearly in favor of the victims. Nevertheless, the role of the liability rules evolved due to social and economic pressures. From a subjective contractual and tortious liability system, the evolution led to the expansion of the practice field of products liability, leading to the creation of a Strict products liability system. On both sides of the Atlantic, the choice of this evolution is not in particular the result of a search of the efficiency of liability rules, nonetheless, it ultimately procured a wide acceptance of the prevention function of those rules. The analysis of Products Liability, in french and american laws, allows a better assessment of the progress of the functions of liability rules, and consequently allows the development of an efficient and adequate products liability regime
Ben, Ayed Sahli Salma. "La responsabilité du fait des produits défectueux : étude comparative de droit algérien, marocain et tunisien." Rennes 1, 2011. http://www.theses.fr/2011REN1G024.
Full textThe issue of the protection of consumers in the North African space suggests essentially the research of the nature of the product liability. A consumer, injured by a defective product, will be offered an embryonic protection if he acts according to the principles of the civil liability in common law. Tort law or breach of warranties offers many possibilities in case of injuries because of a defective product; but this set of rules makes it difficult for an injured consumer to gain damages. These legal rules are complicated and unsuited to the real situation of consumers in a consumer society in expansion. The proposal of the construction of a specific product liability comes from the idea of the necessity of spreading out a new consumerism culture which must conform to the economic and social reality in North African countries. The study of the consumer protection law in these countries proved that this law was ineffective. The reason for this is related to the absence of a specific claim in favor of the automatic compensation of injured consumers. As a matter of fact, the provisions of consumer protection laws cannot be to consumer’s advantage if there is no implementation of the strict product liability. The adoption of a special consumer law must be the result of a clear consumer policy which can integrate new concepts in the judiciary practice. The ultimate purpose of this policy is to facilitate the access to justice for consumers, so they can go to court against any participant in the distribution chain of products
Bouquet, Vincent. "La responsabilité du fait des produits de santé en France : entre droit général et droit spécial." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH006.
Full textApplication to health products of the general system of liability for defective products laid down by Directive 85/374/EEC and transposed into French law by the law of 19 May 1998, has been widely criticized. The liability law here comes up against a multi-faceted concept involving highly heterogeneous products, the hazardousness of which is variable.Previously, if there was no specific system for these products, the judge had a margin of discretion protecting the victims. The erosion of this margin of discretion by the "defective products" Directive would lead, prima facie, to the need to create a special system of liability for health products. However, closer scrutiny of the rules and regulations governing various health products tends to show that there is already a patchwork of special, scattered systems that should be identified.Faced with the diversity of sources of law and health products, it is unrealistic to call for the creation of a special system common to all health products. This could potentially create a system that over-regulates and is unable to cater for all possible scenarios.Thus, rather than seeking to go beyond the relationship between general and special law, it is a case of carefully exploring the contours and coming up with proposals to make it easier for victims to obtain compensation
Canfin, Thomas. "Conformité et vices cachés dans le contrat de vente." Nice, 2006. http://www.theses.fr/2006NICE0003.
Full textWithin the framework of the sale contract, the contractual liability for defect for conformity and the guarantee of the hidden defects are two actions of common law system created by the Civil Code, and intended to protect the purchaser in a chronological and autonomous way. But the substantive law reveals a conflict in fact between the actions. This failure of the dualism of the actions of the general mode is to be counterbalanced with the exemplarity of the monism which incarnated by the derogatory modes of the UN Convention on Contracts for the International Sale of Goods (Ap 11, 1980) and of the new legal guarantee of conformity intended to protect a consumer treating with a professional. But it is regrettable that the Ordinance of Feb 17, 2005 made the choice of a minimal transposition of European Directive No 1999/44/EC of May 25, 1999 in the Consumer Code, therefore, the legislator will not be able to probably make the saving in a new reform
Abdel-Hamid, Sarwat. "Obligations et responsabilité du fabricant de produits dangereux." Montpellier 1, 1989. http://www.theses.fr/1989MON10026.
Full textTaylor, Simon. "L'harmonisation communautaire de la responsabilité du fait des produits défectueux : une étude comparative du droit anglais et du droit français." Paris 1, 1998. http://www.theses.fr/1998PA010306.
Full textOur comparative study of product liability in french and english law takes as its starting point the ec directive 85/374/CEE of 25 july 1985 on the approximation of the laws, regulations and administrative provisions of the member states concerning liability for defective products. ; in a preliminary chapter, we analyse the foundations of the community reform and define the numerous opportunities for divergence in national laws left by the directive. Our study is then divided into two parts. In the first part, we compare the english and french rules on product liability. We analyse the significance of the differences identified in terms of compensating the victim and the liability of the defendant. In addition, we draw conclusions on the efficacy of the european reform in terms of the harmonisation of national laws. The second part of our study is devoted to a critical analysis of the logic of the english and french systems in the light of the European reforms. Firstly we conduct a critique of the efficiency of the two systems in terms of compensation of the victim and prevention of damage. We also analyse the compatibility with community objectives of certain elements of the french rules. However, the major part of our analysis will relate to the illogical difference which exists in both english and french law in the treatment of third pary victims compared to buyers. We note the contrasting approaches of the two laws on this question. We then analyse the respective merits of the two approaches, and propose solutions. We conclude our study by calling into question the whole system of civil liability and envisage the possibility of a broader based reform
Flatin, Sandrine. "Incertitude scientifique et responsabilité civile." Lyon 3, 2000. http://www.theses.fr/2000LYO33037.
Full textMosquera, Claudia. "La responsabilité du fait de la prestation des services de santé : analyse comparative du droit colombien et du droit français." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=93d4a8be-e8d1-47a8-937a-0650b2ba9d33.
Full textThe medical act increasingly complex and technical, has a vocation to heal. However it may also harm without any fault of its author or of the service that supported the patient. So when the patient or his successors suffer from material or moral damage by virtue of medical procedure, the law through mechanisms of repair and compensation judicial or extra - judicial attempts to provide solutions. The avant-garde French law in matters of medical and hospitable liability, and in matter of medical damage repair has been questioning since years already on the recognition and support of such damages. Thanks to this long reflection process, the Law of 4 March 2002 on patients' rights and on the quality of the health system has seen the day in France. Colombian Law, while it possesses the legal principles close to the French system, has just begun to examine these issues. It still does not possess its own legal system dedicated to medical damage compensation. Moreover, the judicial recognition of some damage is still very low. This thesis allows to compare the solutions adopted by the French law and Colombian law to provide reflection points for Colombian lawyers
Ariaeipour, Ali. "La responsabilité du fait des produits défectueux en droit des affaires internationales et comparé (droit européen, droit français et droit iranien)." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30018.
Full textProducts liability is the name of a field of law concerning the liability of persons who are engaged in the business of selling or otherwise distributing products who sell or distribute a defective product for harm to persons or property caused by the defect. They are strictly liable. Their liability is a kind of liability which goes beyond the traditional distinction between the contractual and tortious liability. The United-States of America and European Union have the most developed products liability laws in the world. In the United-States the American Law Institute memorialized precedential rule of strict products liability in tort in §402A of the Second Restatement of Torts, and officially promulgated it in 1965. In 1992, the American Law Institute began working on a new Restatement (Third) of Torts on the specific topic of products liability law, approving the new Restatement in 1997 and publishing it in 1998 as The Restatement (Third) of Torts: Products Liability. In Europe, Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) constitutes specific law of products liability of European Union member states. This directive has been transposed in French law by 19 May 1998 act and formed articles 1386-1 to 1386-18 of civil code. Fault is the only legal basis of Iranian products liability law. For solving conflicts of laws and jurisdictions which arise from international trade of products and determining the applicable law and competent jurisdiction we can implement international conventions and regulations which have been elaborated on this subject as well as traditional rules of conflicts of laws and jurisdictions of the countries
Cholkami, Chehata Gharib. "La responsabilité liée aux contrats relatifs aux logiciels informatiques : étude de droit français et de droit égyptien." Paris 1, 2002. http://www.theses.fr/2002PA010255.
Full textMahmoud, Ahmad. "Les cadres juridiques de la responsabilité civile des prestataires techniques." Montpellier 1, 2007. http://www.theses.fr/2007MON10026.
Full textThe concept of civil liability undergoes existential upheaval in the shadow of the evolutions noted in the e-commerce field. The technical service providers are the first actors who enter in direct action with the users of there internet services. They hold technical and factual capacities in the management of the functions of access and lodging. Their legal statute was regulated by the French legislator in order to grant to them an active and substantial role in the fight against the damages and the crimes on the web. Their proximity of the net surfers, and their plausible identification endorse a burden of responsibility naturally to them, that they should had support with other potential actors who seems to be hardly identifiable on the net. This abnormal situation cause interrogations on the equitable flexibility of their responsibility by laying down rather precise conditions as for its realization, particularly about the most adapted legal status for preserving the victims rights of the to spare the proof, as well as the research of the other melting elements of the direct or indirect responsible actors of the Internet. Technical service providers should not be necessarily considered as the only direct authors of the damages undergone by net surfers, but rather the guarantors, policemen and even the “judges” who will be able to finally emit verdicts of labialization better adapted for the fugacious and virtual nature of the data and information flow over the Internet. A private justice pattern regains surface, but this time with its virtual facet which adds to the electronic scenario its natural corollaries of netiquette and auto-regulation, without to disavow in the absolute, enhanced traditional interventionist’s roles of the official sovereign authorities in the laws making and the pronunciation of compensations and penalties
Alexaki, Galatia. "Les éléments objectifs et les éléments subjectifs de la responsabilité du fait des produits défectueux et la rpotection du consommateur : confrontation du droit grec à la directive communautaire n°85.374 CEE." Paris 2, 1993. http://www.theses.fr/1993PA020113.
Full textThe community directive (85 374 eec) on the approximation of the laws. Regulations, and adminsitrative provisions of the member states concerning liability for defective products introduces a new system of producer liability clearly distinct from the traditional system of the member states in this area. The new system is strict liability based on a safety defect which is assessed objectively by the national coourts. In order to ensure a better protection for consumers the directive does not abolish existing national laws on which the victim can rely on the basis of contractual or non-contractual liability. As greek law applies non-contractual liability in this field we have been led to undertake a parallel examination of both, the objective elements (product, defect, damage) and the subjective elements (the person liable, the victim-consumer) of these two systems of liability. Nevertheless the result is not very satisfactory. The protection of the consumer which is the main point of our study is not sufficiently ensured because the diversity of national solutions in this area persists and the harmonisation of national legislation has not been fully achieved
Bauerreis, Jochen. "Le mécanisme de l'action directe et son rôle dans les chaînes internationales de contrats : étude comparative de droit interne et de droit international privé français et allemand." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30007.
Full textAs far as the requirements of a claim for damages of the sub-purchaser against the seller or manufacturer is concerned, we need to distinguish between two cases: the first one is concerned with a loss of safety of the product this causing harm to the physical integrity of persons or goods ("damages caused by a product"). In the second case, a loss of conformity is affecting the economic balance that should exist between the parties to the contracual chain ("damages caused to the product itself"). While the first case which is ruled by the liability in tort or strict liability (art. 1384 and art. 1386-1 of the french code civil) is governed exclusivly by the Hague convention on the law applicable to products liability (2/10/1973), the question concerning the applicability of the contractual action directe in french private international law, is raised only in the second case. Due to its derived character, the french action directe is bringing about a wider applicability of the original contract of the chain towords the claimant. In contrast to decisions by the European court of justice and the french supreme court we're arguing that it should be possible - under article 5, point 1 of the european convention on jurisdiction and enforcement - to bring the contractual action directe against the original seller before the court that would have had jurisdiction for the claim of the intermediary seller against the original seller as his direct contractual party. Due to the mechanism of the french action directe, the original contract, in private international law, has to be the connecting factor if this original contract is governed by the convention of international sale of goods, the sub-purchaser should nevertheless be able to claim for damages against the original seller on the basis of the CISG's substantial rules and the understanding that the lex causae of the original contract admits the mechanism of french action directe
Lamothe, Sophie. "Les actions en réparation en cas de violation des attentes légitimes relatives à l'état du bien vendu." Thesis, Metz, 2011. http://www.theses.fr/2011METZ003D.
Full textSales law appears as a rich law. However, it is also a complex law, verily a confused law. The question of the lawsuits that victims (purchasers or third parties) can file, in case of a breach of the legitimate expectations relating to the state of a good they purchased, is the main issue. The fact that the victims can file many different lawsuits could be interpreted as a good way to protect their interests as well as to obtain an effective compensation for the damage suffered by them. Nevertheless, this diversity leads mostly to legal uncertainty. Indeed, the choice of the right lawsuit appears tricky because it depends on some unspecified notions and confused rules relating to the multiplicity of lawsuits. A reform is also required to define with clarity and coherence which lawsuit has to be filed in order to obtain compensation for damage. The transposition of the directive n° 1999/44/ce of 25 may 1999 was without any doubt the occasion to implement such a reform. Unfortunately, the opportunity was not grabbed. A new lawsuit regarding conformity of goods, which can only be filed by consumers, has been established increasing the risk of multiplicity of lawsuits. It is advisable to carry out a deep reorganisation of the lawsuits based on the criteria of the nature of the damage. Regarding damage to the goods, a lawsuit based on the conformity guarantee, without any distinction linked to the cause of the damage or the status of the consumer, is recommended. Regarding damage due to the goods, the liability for defective products, which is a mandatory liability in case of a breach to the safety, should coordinate with the personal liability
Kamel, Boumédiène. "La responsabilite professionnelle pour les dommages causes par les produits industriels. Techniques legales et jurisprudentielles de mise en oeuvre de la responsabilite." Rennes 1, 1986. http://www.theses.fr/1986REN11030.
Full textGhidaoui, Dhiab Chérif. "Défaut de conformité et vice caché dans la vente." Lille 2, 2001. http://www.theses.fr/2001LIL20018.
Full textThe sale which normally is supposed to give to each parties the equivalent of what it supplies, the salesman should deliver and guarantee the thing which he sells. However, the traditional distinction operated between vice and correspondence did not miss, in the absence of a precise criterion of distinction, to throw the subject in an indescribable disorder. Nevertheless, history teaches us that the notion of guarantee was always perceived and included, in Rome, as an unitarian notion in civil law as in honory right. And if the duality could have been explained by the coexistence, those days, by two different legal systems, and later by the absence of a general vision and any att031958249empt of systematization and synthesis on benhalf of Justinien as writers, it can no longer be justified. .
Dahan, Ariane. "L'obligation de sécurité des produits en droit civil comparé : étude comparative du droit français et du droit anglais." Paris 2, 2006. http://www.theses.fr/2006PA020009.
Full textElatrag, Nagia. "L’obligation de sécurité à la lumière du développement de la responsabilité contractuelle et son application sur les produits de santé : étude comparée entre le droit civil français et le droit civil libyen." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1061.
Full textThis thesis focuses on the safety obligation regarding contractual liability in the light of French law and Libyan law. Research tends to answer the following questions: What is safety of medical products? On what legal basis can we justify that obligation? What are the difficulties in applying this requirement to address issues of health products? What is the health products? The law and civil liability Libya is it perfectly suited to the protection of the victim of health products as in the French liability law? This questioning has led the author to develop a thorough analysis of the safety obligation by way of contractual liability and health law French and Libyan. In the first part of the thesis, we see that the notion of bond security, including with respect to contractual liability, has experienced a major change from the time before. In fact, the emergence of the concept of safety obligation is old since it was founded in France 21 November 1911 at the contract of carriage. It can be defined as "the obligation to ensure the safety of any person or property which may be an obligation of result or means." Some codes of Near Eastern world have adopted the resolution that the French Supreme Court has taken in 1911 in the transportation of persons, such as Egypt and Lebanon. In 1956, the Appeal Court in Alexandria has complied with the requirement of safety in the transportation of persons. Similarly, in Lebanon in the Code of Obligations and Contracts provides in Article 688 that the contract of carriage of persons is the responsibility of the carrier's obligation to lead the traveler, unharmed, to the destination
Bortoluzzi, Chiara. "La sécurité des médicaments. Législation pharmaceutique européenne et indemnisation des risques médicamenteux." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020025.
Full textThe definition and implementation of the European Union’s policies and activities guarantee a very high level of human health protection. One of its most important policies, in accordance with the relative health and economic development issues, is that on medicinal products. Drug safety is guaranteed by a legal framework, constructed on the pharmaceutical legislation laying down rules and procedures for obtaining marketing authorisation and for post authorisation monitoring. This legal framework is supported by a special institutional system,which in particular ensures close interaction between the European Medicines Agency, the European Commission and the national competent authorities. This legal framework has recently been revised as a result of the new pharmacovigilance legislation. As such, health safety has become a key directive in managing pharmaceutical risk. Yet, whenever a risk relating directly to a particular pharmaceutical product becomes apparent, medical damages and compensation claims arise. The response of the national French and Italian legal systems to the application for compensation of the victims of such accidents, by way of the ordinary rules of civil liability and the liability for defective products as defined in Council Directive85/374/EEC, has proven ineffective: they fail to take into account the specific nature ofpharmaceutical products. Based on this observation, there is a sound case for separating liability from compensation: the latter can be guaranteed by setting up a general compensationfund for medical damages, with both public and private sector participation. This solutionwould guarantee a socialisation of risks that is justified by the social nature of therapeutic risk. It would provide a counterbalance to the dangers inherent in scientific innovation, whilst simultaneously allowing patients to benefit from future therapeutic developments. By advocating a holistic approach to drug policy, this proposed compensation fund would act as apublic health policy instrument, in the context of which compensation for medical risks would only be considered an addition to, and extension of, the security guarantee that constitutes the cornerstone of the European pharmaceutical legislation