Dissertations / Theses on the topic 'Séparations de biens - France'
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Lipinski, Pascal. "La liquidation dans le régime de la séparation de biens." Paris 2, 1998. http://www.theses.fr/1998PA020004.
Full textBoussougou-Bou-Mbine, Farafina Loangou. "La pénétration des idées communautaires dans les régimes séparatistes." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30010.
Full textSeparatist marriage settelements - that is to say separate ownership of property and participation on property acquired after marriage - are defined by the absence of common property of the spouses, the exclusive practice of powers by each of the spouses on his or her property, and the mutual absence of enrichment of the spouse. This theorical description does not correspond to reality. This assertion is founded on community marriage practice of the spouses. It is also based on the observation of a recent legislative phenomenon which finds an extension in the judicial precedent: it is about the will of bringing together separatist and community settlements. This act of bringing together presents itself in a triple side. First: that of the existence of common assets and liabilities. Second, that of interferences in the management of the spouse property, and finally that of participation to enrichment of the aforementioned spouse. The aim of this study is to bring out the whole various mechanisms of this act of bringing together
Deiller, Nicolas. "Le régime juridique des biens cultuels : vers une nouvelle approche du droit des cultes en France ?" Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF007/document.
Full textCultual goods, and more generally the cults themselves, have undergone many changes in their legal system. To be interested in the legal regime of the cultual goods is necessarily to study the system of cults, as a whole. Starting from the management of the material goods of the different cults, we propose an analysis of the current law of religions. In 1905, the law on the separation of churches and the state was passed. An eminently political law, it aims to secularize public institutions and proposes a new material organization for the different cults present on the national territory. In order to replace the former public establishments of the cult concordats, cult associations, private, are set up: they are intended to represent the cult and to manage its material goods. The difficulty arose with the refusal of the Catholic Church to constitute such associations, forcing the legislator to accompany this law of separation by a body of law, premise of future state accommodations in this area. The law of 1905 was not applied in its entirety since its promulgation and the body of law it engendered resulted in a multitude of compromises to two cults in particular: the Catholic Church and Islam. Today, these two religions are hardly subject to the provisions of the 1905 law, from a material, organizational or financial point of view. The absence of unity of the law of cults in France (even within the law of 1905, in Alsace-Moselle and in the DOM-TOM) is not likely to answer the questions raised by the religious metamorphosis that occurs France. It may have been time to make this juridical regime of cults evolve again, adapting it more to the current religious context
Bui, Minh Hong. "Les régimes matrimoniaux, étude de droit comparé français et vietnamien." Rennes 1, 2012. http://www.theses.fr/2012REN1G029.
Full textMatrimonial regime, under French law and Vietnamese law, is a very important part of the family law. It regulates the financial reports of spouses and protects the legitimate interests of each member of the family as well as the third party members. Both French and Vietnamese laws adopt community property as matrimonial law. This similarity between the two systems of law reflects a cultural analogy between the two countries. However, many differences can also be found between them. Vietnamese law maintains the legal regime as the only matrimonial regime applicable to all married couples. In contrast, French law establishes the diversity of matrimonial regimes. On the one hand, it establishes the principle of freedom of the marriage contract between the spouses that allows them to maintain a private property, the legal regime applies only to spouses who do not have marriage contract. On the other hand, it establishes the basic regime regulating primary conditions for the household maintenance and the education of children for which the rules are applied to all spouses, regardless of their matrimonial regime. The study and comparison of matrimonial regime under French and Vietnamese law shows the similarities and differences between the two systems, as well as the strengths and weaknesses of each of them. More importantly, this study establishes fundamental proposals for law reform in Vietnam in the direction of recognizing of the diversity of matrimonial regimes
Lebel-Cliqueteux, Aurélie. "Le consentement des époux à la séparation : l'officialité de Cambrai à la croisée des influences (XIVe-XVIIIe siècles)." Lille 2, 2003. http://www.theses.fr/2003LIL20002.
Full textCanon law organized the legal separation settlement, which was considered as a sanction. It was the monopoly of ecclesiatic courts in the Middle Ages, who succeded in States. In the meridional part of the Low-Countries, the officiality of Cambrai progressively allowed husband and wife obtain " divortium quoad thorum " by consent and for temperament incompatibility. Secular courts, while they seized upon the issue, had a completely different practice of it, restricting the rigth to obtain legal separation to the most serious situtions, making husband and wife consent ineffective. At the end of the Ancien Régime, the officiality of Cambrai, then under french soverignty, progressively adopted this kind of legal practice, doing away an ancient tradition inheritated from the Romans and that the french Revolution will reintroduce
Agresti, Jean-Philippe. "Les régimes matrimoniaux en Provence à la fin de l'ancien régime : contribution à l'étude du droit et de la pratique notariale en pays de droit écrit." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32026.
Full textBefore the enactment of the french Civil Code which instored a legal united property of marriage, there were in Provence marital agreements. No researches were made on it for the 18th century. Confronted archives show that Provence had a complete and unique system of rules which had the same function as other legal systems founded on inner customs. The provençal marital agreements form an efficient system based on a de facto separation of estates, copied on a triumphal roman model. The dotal agreement is favored by jurisconsults as the wright model. Jurisconsults and notaries use dowry system and separation of estates with talent and good sense. Provence shows a very common practise of marital agreement which corresponds to the rules applied by jurisconsults. There are very few examples of united property in marriage. Nevertheless, at this time, the marital agreement is no more a familial charter but is already centered on dotal apport
Monget, Quentin. "Les mutations du statut patrimonial des couples." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0003.
Full textMany French couples today move from cohabitation to civil partnership, then from civil partnership to marriage, which are the three forms of conjugality offered by contemporary law. Each has its own specific property status (providing for the division of assets and debts, establishing social and tax effects, etc.). But these statuses are in a state of flux,with countless legal and case law changes being made. What are these changes ? How far should they continue ? That is the purpose of this study. It sets itself apart by putting into perspective the idea that a common law governing couples will emerge : it notes that, even if a phenomenon of convergence is at work, other developments are tending to increase certain differences between conjugal relationships. It then shows that positive law is structured on the model of a gradation. The more a couple chooses a stable and committed conjugal relationship, the more their property status becomes exorbitant, communal and protective. Lovers are thus encouraged to embark on a path marked out by predetermined stages (romantic relationship, moving in, civil partnership, marriage) that can be called iter copulae ; thismodel is in line not only with positive law, but also with modern sociological reality. The study summarises current developments. It suggests deepening them where they are incomplete, tempering them where they are excessive, and enshrining them where they are praetorian. The study is interspersed with proposals for reform, all designed to put positive law on a sustainable footing, since it is more in tune with modern aspirations
Lecarpentier, Damien. "La parentalité désemparée : séparations conjugales et militantisme paternel (1970-2007)." Paris, EHESS, 2008. http://www.theses.fr/2008EHES0058.
Full textThis research contributes to the study of militant fathers groups, and of the controversies surrounding the organisation of post-separation parenthood, since the 1970s. The notion of "parenthood adrift" is proposed and deployed here in order, firstly, to signify the weakening of the usual reference points for the normative foundation and practical organisation of parenthood, which has freed itself from its traditional "anchor" of the conjugal relation; and, secondly, on a more individual level, to de scribe the manner in which certain parents can come to feel disoriented when confronted with the need to reorganise parental links following the breakup of a relationship, and to submit this reorganisation to the judgment of the courts. In this work, fathers movements are analysed as illustrative of the different paths that parental disappointments and demands can take following conjugal separation, and as sites for the discussion and for the reconfiguration of individual expenences
Chamard-Heim, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics." Lyon 3, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098903.
Full textLenglart, Guillaume. "L'usufruit de biens indivis." Nantes, 1999. http://www.theses.fr/1999NANT4018.
Full textCayron, Jocelyne. "La location de biens meubles." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32016.
Full textHiring is a contract wich is used nowadays in many ways and to reach different ims. A lot of things are hired out. The civil code gaves few specific rules. Both contracting party is free to add or to delete some obligations. There is a lot of different ways to hire out a chattel personal or things. Also hiring is used to have economic benefits and to avoid taxes
Delcenserie, Sophie. "Les biens à caractère personnel." Paris 2, 2006. http://www.theses.fr/2006PA020058.
Full textMaleki, Patricia. "La légitime défense des biens." Nice, 2002. http://www.theses.fr/2002NICE0008.
Full textCadet, Frédérique. "Les biens professionnels des époux." La Réunion, 2001. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/01_25_Cadet.pdf.
Full textKan-Balivet, Béatrice. "Les techniques de gestion des biens d'autrui." Lyon 3, 2004. https://scd-resnum.univ-lyon3.fr/out/theses/2004_out_balivet_b.pdf.
Full textIn answer to the needs of persons who, for certain reasons, do not want or must not manage their own property, the law provides a large range of legal instruments. Though these institutions are almost always ruled by specific dispositions (but not comprehensive), no general theory can be found in the civil Code. Neither do Academics deal with the subject in a comprehensive manner, even though they seem to agree with a single tool of other's property management, based on the concepts of power, the représentation. The author intends to defend a multilevel approach to other's property management, which is a necessary preliminary to every wide reflection in this field, founded on tradition and positive law. Indeed, the fragmentation of other's property management tools will be highlighted. The bases of the above-mentioned fragmentation are notional and functional. The different tools which allow to manage other's property can not all be linked to the notion of factual control without altering this notion. In fact, it refers only to two situations, direct or indirect representation, depending on whether the person whose property is managed is directly or indirectly legally bound by the acts of the manager. It must be noted however that the powers of the manager are different in their nature if the relationship is a trust or an usufruct for example, due to the fact that the management is no longer based on a power in the narrow meaning, but on a right of ownership (when speaking of ownership) or on a factual control (when the manager is a detentor). The notional fragmentation leads to a functional fragmentation. Each tool produces a specific result in the light of the equilibrium between the two requirements of the management : dynamism and protection of everyone's interests. Even though some common rules can be found, the ownership institution remains, in its exemplary dimension, the potentially most efficient but also the most dangerous because of it is lacking a comprehensive organisation
Théron, Julien. "L'intervention du juge dans les transmissions de biens." Toulouse 1, 2005. http://www.theses.fr/2005TOU10077.
Full textThe interventions of the judge into the transfer of properties are numerous in the French Law : licences, legalizations, injunctions, judicial transfer of companies, adjudications. However, the grounds for these interventions are quite puzzling, as regards first the exclusive nature of the privileges of the owner, and secondly, the generally admitted role of the judge. Not only does he intervene into a field which is normally solely devolved on the will of the parties, but also, in a number of occurences by controlling or imposing like an administrator, nor does he make decisions in litigations. The understanding of the phenomenon is all the more obscured as there seems to be no link between the various manifestations of his presence. This study is demonstrating the necessary aspect of the presence of the judge in the matter of transfers. The owners are most definitely entitled to decide about the distribution of their properties, yet, this distribution may generate disputes. Like in any other field, the judge is here to decide about these disputes. He is entitled to re-establish the upset balance in the distribution of what is "owed to each". The consideration of the intervention of the judge to this end enables to determine his effective role in the action of transfer, and thus, to establish a classification of the transfers in which he intervenes. In all cases, when he does not participate in a transfer, the acquisition is not judicial. Such a classification is rich in practical lessons. The nature of the transfer being altered by the intervention of the judge only in judicial transfers, only these are submitted to derogations of the system of Law governing the presence of the judge. In all other cases, as the will of the judge does not get into the transfer, his intervention implies no modification of the usual system of Law
Cabrol, Pierre. "Les biens culturels en droit civil français." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40044.
Full textPoli, Jean-François. "La protection des biens culturels meubles." Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32028.
Full textThe goal of this study is to examine closely the different legal regulation, presse -ntly existing on the juridical protection of movables cultural works: cultural work circulation, purchase by state ("dation en paiement), territorial and marin archaelogy, fiscal law. It insists on the social role of cultural works and also on the duties of the state regarding their protection. Sociological and economic approach is considered as well. Finally it studies the role played by the international organisations (unesco) (concil of europe), and possible consequences of the principle of free circulation result of eec treaty, on the protection
Bienfait, Eric. "Abus de biens sociaux et abus de confiance." Nice, 2003. http://www.theses.fr/2003NICE0012.
Full textSince the new penal code of 1994, misappropriation funds and breach of trust find one's way in a common repressive sphere of operations. These violations lead to a difficulty of differentiation and a confusion risk, which don't go with legal security principles and criminal legality. Indeed, risk materialize through the opportunity of a dual qualification suggested to judges. The doctrine, in its majority, is favourable to a reform in this context. Some of the authors aim at precise aspect of misappropriation funds as the prescription delay. Others consider that a content reform is necessary. Therefore, simple deletion of misappropriation funds violation would not be contemplate as a solution. Then, it's advisable to determinate in what extent breach of trust will supplant misappropriation funds. In this way, it is also necessary to find improvement for this incrimination in order to cover completely the repressive sphere of operations
Rafin, Nicolas. "Quand la séparation tourne à l'affrontement judiciaire. . . : de l'émergence du modèle du « bon» divorce au traitement judiciaire des séparations conflictuelles." Nantes, 2012. http://www.theses.fr/2012NANT3034.
Full textLemoine-Maulny, Estelle. "Usages, biens collectifs et communautés d'habitants en Anjou, XVe-XIXe siècle." Angers, 2009. http://www.theses.fr/2009ANGE0013.
Full textThe Anjou region has two different types of collective spaces, the commons, land that is still collective and some meadows with "second communal grass", which are semi-private lands. The local farmers let their animals graze there for most if not or all year round. These green spaces are made up of Landes and also mainly of rich humid meadows which are running along the Loire valley, the Sarthe and the Loir. The prospect put in place between the 15th and 19th centuries was one of long term and diversification of approach. To fully understand the stakes of the collective spaces, one would need to take the point of view of its protagonists : the local community ; especially by analysing the running and funding of the trials taken against the Lords. The access to Angevines lands was therefore conditioned by the rural community's contributing faculty. You would also have to study the relationship between the rural society and it's environment, especially the profit made from flooding lands. This historical work is also linked with some constants in the landscape and the rural society. The usual questions relating to collective spaces are also tackled : the right to work the land, the judicial questions of possession and ownership, the stakes of the trials and the consequences of the French Revolution. We took a special interest in the relationship between the communities and the State, whose protective role of collective assets is to reconsider
Tournay, Virginie. "Produire des biens médicaux : contribution pragmatique à une sociologie de l'action publique : des topographies médicales aux thérapies cellulaires : des enquêtes administratives pour fabriquer des biens publics médicaux." Paris 1, 2005. http://www.theses.fr/2005PA010259.
Full textLaroche, Maud. "Revendication et propriété : étude des rapports entre droit des procédures collectives et droit des biens." Paris 2, 2004. http://www.theses.fr/2004PA020087.
Full textMasson, Romain. "La valorisation des biens publics." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100094.
Full textThis research aims to identify and define the concept of valorization applied to public properties based on its double foundation, the right to property and the proper use of public funds. This concept is based on two components, exploitation and disposal, which highlight the multiple forms of valorization : economic, social, environmental. These valorisation events renew the analysis in order to better understand the stake of the reform of the law of the public properties, the way in which the valorization has influenced this right and the evolutions to come. Thus, the approximation of state regimes has made it possible to soften and modernize valorization tools and the legal principles governing the public domain. This rapprochement should lead to a unification of jurisdiction for the benefit of the administrative judge. In addition, under the impetus of the valorization, new obligations are imposed on the public owners : competition of the public occupations, inventory of the properties, valorization of the future
Sadoun, Delphine. "Les biens culturels en droit pénal français." Strasbourg, 2011. http://www.theses.fr/2011STRA4014.
Full textThe issue of art trafficking is easy. Every time a work of art is stolen, a part of the History disappears. And unfortunately, they represent an easy way to make money as long as fiscal and customs legislations of many countries are too weak. For those reasons, it is essential to protect the most inestimable works of art. But the struggle against antiquities trafficking should not be forsaken. It represents a huge menace especially as many archaeological sites are not listed. All around the world art trafficking is known and struggled. But to be efficient, most countries should summon up their strength: the various legislations should be in harmony with a world policy in order to be efficient. In fact, art trafficking does not know borders. This illicit market represents a real scourge for knowledge. And it faces legally constituted states too. This thesis will not talk about art trafficking at war or all around the world but in peacetime and especially in France. This study of art trafficking shows the legal means for struggle this phenomenon and wonders if new solutions are possible
Gijsbers, Charles. "Sûretés réelles et droit des biens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020088.
Full textProperty, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency
Marchetti, Nicolas. "La localisation des biens publics générateurs de nuisances." Montpellier 1, 2003. http://www.theses.fr/2003MON10046.
Full textDreveau, Camille. "L'affectation de l'immeuble : étude de droit des biens et de droit des contrats." Nantes, 2008. http://www.theses.fr/2008NANT4019.
Full textIn 1804, when the Civil Code was first drafted, real property was solely defined by its immovable nature, as defined by the law. Indeed, if a good was granted the qualification of "immovable", this qualification commanded the application of certain rules. But during the twentieth century, an additional qualification criterion is superposed to legal nature. Now, in property law as well as in contract law, real property is also defined by its purpose which are real property for residential purposes on the one hand real property for commercial purposes, real property for professional purposes and real property for rural purposes. The purpose becomes the paramount criterion that dictates the application of specific bodies of rules. Real property for residential purposes is used for housing, while real property reserved for economic purposes supports a business. Within the category of real property for economic purposes, real property for rural purposes is unique because it is also an instrument of agricultural policy. The various purposes of real property will justify the application of specific bodies of rules governing immovables, thus transforming real property into a specific good. The needs that real property satisfies are shown to be crucial for the elaboration of specific rules that constitute today the ordinary law governing real property for residential purposes and for rural purposes. However, the ordinary law that should govern real property for economic purposes still remains to be created. The study of real property's different purposes will highlight the convergence between property law and contract law. Finally, this study will demonstrate the specificity of operating leases, and the need to establish a suitable body of governing mies
Chabault, Caroline. "De la distinction entre les choses et les personnes : pour une proposition de nouvelles définitions." La Rochelle, 1997. http://www.theses.fr/1997LAROD002.
Full textThe distinction between things (objects of law) and persons (subjects of law), summa divisio of law, now deserves to be reconsidered, in particular because of the progress accomplished by medicine and biology. When does life begin? When does life end? And if laws attribute the character of person to every living individual on the sole basis of a material substratum, the human body, how can we explain that entities, by definition intangible, are called subjects of law? From this follows a tendency to demythify the notion of person in the same way as a tendency to dematerialize the concept of object of law can be observed, as all things are not property, and not all property is made up of things. The solution of this twofold problem will bring out the intermediate category of subjects of possession. Some subjects may move away from the category of persons, whereas certain objects tend to move toward this category, simply because they have the capacity to feel well-being or to suffer. In the last analysis, the concept of subject is to be understood in a functional sense. The subject is only the individual, in the biological sense of the term, recognized by law when he carries out a legal action, and some subjects of possession become persons, because they can be represented. Other subjects, on the other hand, will remain objects with a special status, because their interests will only be defended indirectly
Dogo, Koudou Martin. "La protection des biens des mineurs et les intérets des tiers." Nice, 1990. http://www.theses.fr/1990NICE0007.
Full textFoisneau, Lise. "Ethnographie des kumpanji de Provence : rencontres, séparations et retrouvailles chez les Roms "Hongrois"." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0650.
Full textThis thesis studies the ways the Roma of Provence, also known as « Hungarian » Roma, get organized by forming numerous and transient kumpanij. Since their arrival in France at the end of 19th century, kumpanij have been frequently composed, segmented and reconfigured in new places: at each stopover, a romani world is recreated with different people and a new distribution of the layout of the caravans. Places, which are fully-fledged elements of those « collectives », are most often spaces that are publicly or privately owned by gadje: dedicated caravan sites for travellers, illegal camp, private land; the type of space they are settling on largely determine the embedding of the Roma inside the territory of Provence. Through the analysis of the composition of the kumpanji, their members (Part I), their places (Part II) and their rhythms (Part III), this thesis highlights the remarkable resistance by which the Roma of Provence have been reinventing their ways of living together for more than one hundred and fifty years, despite continuous discriminatory policies – and, even, genocidal state policies during German Occupation of France. Two specific methodical tools are being used: an ethno-genealogical reconstruction that shows over time that kinship relationships are far from sufficient to explain the forms of the kumpanij, and an ethnographic perspective rooted in a shared life with Roma women that gives new access to the symbolic and political dimensions of the kumpanji
Bettio, Nathalie. "La circulation des biens entre personnes publiques." Toulouse 1, 2009. http://www.theses.fr/2009TOU10005.
Full textThe circulation of property between public legal entities is a relatively recent phenomenon that has developed since the end of the nineteen eighties, a period characterized by the reinforcement of territorial decentraization and an alteration of traditional public economic law under the influence of neoliberalism. Until then, patrimony relationships between public legal entities were marginalized, since because of their object, the afore mentioned focused more on the exercise of public strength than on juridical business. The circulation of property, independently from their estate regime, is the dawn of communication between public legal ;entities which moves closer to the private law code and market values. This process, consecrated by the "Code général de la propriété des personnes publiques" which was officially sanctioned in 2006, revealed a drastic change in administration. Indeed, the consequence has been the transformation of public legal entities through a functional reconfiguration of administrative patrimony and territory, restructured by a new deal in public politics and a trivialization of business between public entities. A deepening of the decentralization and a return to liberalism with the function of regulating property policies followed. Its imperium prevails over its dominium. The interference of economic rationality by the circulation of properties between public legal entities finalizes the transition from an essentialist to a functionalist conception of public property ans territory
Moine-Dupuis, Isabelle. "Les choses hors commerce : notion et régime." Dijon, 1993. http://www.theses.fr/1993DIJOD005.
Full textThe thesis sets out to define the legal limits surrounding trade in property and subsidiarity to demonstrate that res extra commercium form a coherent legal category. This category drives from another notion, that of the legal human person. This alone can justify that certain sings currently lie outside the scope of legal trade (whatever the subject concerned) : it is the human person, in the legal sense of the term, regarding the human body and its associated moral rights (its image, privacy, its creations, etc. ). The contracts that subjects are allowed to enter into that do not directly concern their legal person, which is not an object, but about things that are bound to it, should not entail them losing legal possession over such things. The danation of organs or blood is, in this respect, a unitaleral deed which does not created any legal obligation, in the same way as the exercice of the right of the individual. Another area where certain items are excluded from trade is that of the natural and cultural environment of the human person
Chauviré, Philippe. "L'acquisition dérivée de la propriété : (le transfert volontaire des biens)." Paris 1, 2009. http://www.theses.fr/2009PA010327.
Full textSabathié, Erika. "La chose en droit civil." Paris 2, 2004. http://www.theses.fr/2004PA020044.
Full textRagot, Sophie. "L'innovation dans la modification de l'offre et de la demande des biens culturels." Aix-Marseille 2, 2007. http://www.theses.fr/2007AIX24014.
Full textCultural industries are two-sided: on the one hand, they are prototype industries because of their starting point which is purely cultural; on the other hand, they must take into account the technological change which is constitutive of their industrial side. Innovation is playing a big part in each of these steps. During the first one, innovation is omnipresent since every product is a creative innovation; during the second step, technological change is always occurring, as a new product or as a new production process. This work aims at studying the mechanisms of innovation in the field of book industry, music industry and cinema industry. By this analysis, we try to understand, from a theoretical then from an empirical point of view, what changes innovation causes in the demand and in the supply of cultural products. We also study what makes these industries different of other industries or similar to them. Finally, we explain the processes that make an innovation a success or a failure. Our results confirm that the “creative destruction” of Schumpeter is particularly efficient in the field of cultural industries. Major innovations, creative as well as technological, always disrupted these industries, but finally, solutions have always been found, giving firms new opportunities, and consumers easier ways to access culture
Ngoma, Mpolo Jean-Pierre. "La garantie des vices dans les contrats portant sur des biens mobiliers." Montpellier 1, 1994. http://www.theses.fr/1994MON10048.
Full textThe guarantes of latent defects is one of the most known juridical notions in substantive law as well as in the ordinary run of things. Perhaps that is why the notion of guarantee of latent defects is still blurred today. It is only partly right because the more important reason is that the outlines of guarantee of concealed defects are very imprecise. All those "congenital" imprecisions permit to demonstrate that the concept of guarantee of latent defects itself needs to be revised for a little more precision and that a certain number of its characteristics are not particular to that notion
Vern, Flora. "Les objets juridiques : recherches en droit des biens." Electronic Thesis or Diss., Paris, Institut d'études politiques, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201211.
Full textIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Thiébaut, Luc. "Demandes de biens d'environnement et interventions publiques en agriculture : cas de la France." Montpellier 1, 1992. http://www.theses.fr/1992MON10035.
Full textPouderoux, Serge. "Les constructions sur le bien d'autrui." Lyon 3, 1987. http://www.theses.fr/1987LYO33003.
Full textBuilding construction on another's property fulls into the category of multiple judicial texts. It is possible to gather the various assumptions recorded around two main axes: the first one includes all the cases of building without any rights or clains to another's property, and this position is most of the time strictly repressed by the legislator. The second one unveils to us a process of judicial dissociation which presides to the acknowledgement of a notion of temporary area property linked to the investments financed by a third party. This judicial dissociation of property right, made possible by the existence of an area right, is bound to have a future. Be as it may, in all cases and unless stated otherwise, the unitary property will always be restored to benefit the landlord through the phenomenon of artificial accession, left to his responsability to pay a sum for compensation to the builder per-contra for the appropriation of the new constructions
Torck, Stéphane. "Essai d'une théorie générale des droits réels sur choses fongibles." Paris 2, 2001. http://www.theses.fr/2001PA020044.
Full textPélissier, Anne. "Possession et meubles incorporels." Montpellier 1, 2000. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D71.
Full textDaviot, Marie-Françoise. "La vente des biens nationaux dans le Vendômois (1789-1850)." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020078.
Full textIn 1789, the traditional area of the Vendômois, bordered by the Beauce and Sologne regions, is poor and the revolutionary authorities have not succeeded in addressing the prevailing food shortage. By growing the landed property of the upper classes,who already had a stronghold on three quarters of the region’s real estate and who would now control the political and administrative system, the sale of “biensnationaux” would reinforce their influence over the population. Although the paternalistic system in the field of agriculture came to an end, it not made way for a flourishing capitalistic system. The lack of development in industry and agriculture will remain important throughout the XIXth century. The outcome of the sale has been an almost complete disappearance of church property whileownership by the nobility was divided by three. The transfer of ownership to the peasantry which might have seemed real at the times of the first sales was greatly diminished by the subsequent resales over the next fifty years. Another noteworthy point which emerges from this study is the sense of moderation of “vendômoise”population, and of those political leaders, when it was able to appoint to administer locally. Although the local population, which had a strong attachment to tradition, did take part in the acquisition of national lands, it resisted to extreme behaviour of the political leaders from Paris and Blois. Unlike what happened in many other more urban french regions, persecutions and destructions which characterized the period of the national sales were not systematic in the Vendômois, much to its credit
Helewa, Fabrice. "La cession forcée des biens dans l'intérêt de la défense nationale." Paris 5, 1998. http://www.theses.fr/1998PA05D022.
Full textIt is difficult to determine the notion of national defense interest as the foundation of compulsory cessions. The importance of national defense legal protection, when the cession of either real estate (part one) or chattels (part two) is forced, is highligted in the study of how national interest is conciliated with property rights. Compulsory cession of real estate can be carried out only by the way of expropriation of property. In this mode of cession, national defense benefits from derogatory rules on the secret or military aspects of the operation, which both narrow down the due objectivity in the estimation of public utility in expropriation, even when the regular procedure is implemented (section one). In the case of urgency, beyond secret or military aspects, specifics procedures to national defense are implemented, to the detriment of both property and regular legal checks over the procedure (section two). Compulsory cession of chattels can be carried out also by expropriation of property or by "requisition" (in French law, procedure by which the state can force private persons to serve it, to let it use their chattels or real estate, or to give up their chattels, according to the law). In the specific case of expropriation of intellectual property, constitutional and legal protections are so off balanced by the urgency, secret or military aspects of the operation that this procedure cannot be considered as consistent with property constitutional protection, but for seriously minimizing its implimentation to chattels (section one). Only the exceptional nature of owners in these procedures, provided they were brought up to date (section two). Urgency, the secret of military aspects of compulsory cession in national defense interest narrow down the worst of property rights constitutional protection, to the extent of circumventing it. National defense interest benefits implicity derogatory constitutionality and legality and it should have a large legal margin to operate ; its specificities being preserved, while its actions are checked. These specificities should then be clearly established, in order to serve better national defense interest
Ravoux, Vincent. "Le panier de biens et de services de santé : une approche managériale pour la France." Dijon, 2001. http://www.theses.fr/2001DIJOE002.
Full textRichard, Stéphanie. "Vies et morts des couples. Les séparations conjugales princières (Deuxième Maison d’Orléans, XIVe-XVe siècles)." Thesis, Paris 4, 2016. http://www.theses.fr/2016PA040164.
Full textThis PhD thesis deals with the topic of marital separation in its various forms; it aims at analyzing the behaviors which are implemented by spouses of higher nobility on such occasions. The phrase marital separation may be used to designate a wide range of configurations: for example, when husband and wife, though still married, are not living together, or when a marriage comes to an end, all these situations being reached through a legal process or not. This research is especially based on a thorough analysis examining the couples of the Second House of Orleans in the 14th and 15th centuries, as the marital lives of these Dukes and Duchesses provide a large sample of possible cases of separation. The research shows that the realities associated with marriage and married life are much more complex than what ecclesiastical and secular rules suggest on these matters. Another purpose of this thesis is to improve our understanding of the conjugal structure in princely aristocracy and of how married couples work. Therefore, the study sheds light on the solidarities shared by spouses when their separation does not derive from their own will to part. It shows that married couples are primarily defined by economic bonds between husband and wife. This work also highlights the possible autonomy enjoyed by spouses, in society and towards each other, in the cases where at least one of them intends to adjourn cohabitation or wants to put an end to their marriage
Pages-Bordes, Sophie. "Les confiscations des biens d'émigrés entrées au Cabinet des Estampes en 1795 : le cas de la collection Doyen /." [Paris] : [S. Pages-Bordes], 1995. http://catalogue.bnf.fr/ark:/12148/cb357410470.
Full textMédina, Annie. "L'abus de biens sociaux : contribution à une réflexion sur l'utilité du délit." Paris 13, 1999. http://www.theses.fr/1999PA131017.
Full textTeyssier, Éric. "La question des biens nationaux a travers le cas ardechois : bilan historiographique et analyse d'un enjeu revolutionnaire." Montpellier 3, 1996. http://www.theses.fr/1996MON30007.
Full textAvout, Louis d'. "Sur les solutions du conflit de lois en droit des biens." Paris 2, 2005. http://www.theses.fr/2005PA020063.
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