Dissertations / Theses on the topic 'Solutions du conflit de lois'
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 'Solutions du conflit de lois.'
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.
Avout, Louis d'. "Sur les solutions du conflit de lois en droit des biens /." Paris : Economica, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/516868527.pdf.
Full textAvout, Louis d'. "Sur les solutions du conflit de lois en droit des biens." Paris 2, 2005. http://www.theses.fr/2005PA020063.
Full textDiop, Falilou. "Uniformisation du droit de la propriété intellectuelle et conflits de lois dans l'OAPI." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3046.
Full textThe idea that the uniformization of intellectual property law eliminates the problem of conflict of laws seems to be deeply rooted in the opinion of observers who have taken an interest in OAPI law. At least, the studies that relate to intellectual property in this space do not specifically address the issue of conflict of laws. When they mention it occasionally, they essentially limit themselves to asserting that the uniform law eliminates the problem of conflicts of laws. This common observation nevertheless deserved to be verified. The first part of this thesis is devoted to such a verification. This verification was carried out by means of a comparison between the effects of the uniform intellectual property law and the causes of the problem of conflicts of laws. The results of this confrontation show the persistence of the problem of conflicts of laws within the OAPI area, even if uniform law does not fail to influence its configuration. The second part of the thesis is devoted to the search for solutions adapted to the configuration of the problem within the OAPI area. This search for solutions considers the objectives of the uniformization of intellectual property law, the international commitments of the member states as well as the specific interests that the identification of the applicable law seeks to serve. It leads, on the one hand, to the proposal of positive solutions concerning the jurisdictional coordination necessary for a uniform realization of intellectual property rights; on the other hand, to the development of rules intended to identify the law applicable to different aspects of intellectual property
Souleau-Bertrand, Mathilde Lagarde Paul. "Le conflit mobile /." Paris : Dalloz, 2005. http://catalogue.bnf.fr/ark:/12148/cb399520747.
Full textSouleau-Bertrand, Mathilde. "Le conflit mobile." Paris 1, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099115.
Full textEspinassous, Valentine. "L'uniformisation du droit substantiel et le conflit de lois." Paris 1, 2008. http://www.theses.fr/2008PA010282.
Full textMuir, Watt Horatia. "La Fonction de la règle de conflit de lois." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594811w.
Full textKaram, Ghada. "La loi la plus favorable dans le conflit de lois." Paris 2, 2006. http://www.theses.fr/2006PA020008.
Full textLaval, Sarah. "Le tiers et le contrat : étude de conflit de lois." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010259.
Full textWhile Substantial Contract Law is characterized by the decline of party autonomy, Private International Law makes it the main conflict rule in the field of Contract. Besides this reversed evolution, a similar trend is shaping Substantial Contract Law and Private International Law of Contract : the contract incorporates third parties, both through the rights it creates as well as through the increase in ties between parties and third parties. Coherent with the scaling down of party autonomy in Contract law, the connection between the third party and the contract goes against the conflict rule in the field of contracts. Although party autonomy serves parties interests, third parties expectations require an objectively determined law. To heed the object and the opposability of contracts allows for a well-balanced consideration of third parties interests in accordance with parties interests. Regarding contracts with reinforced opposability, ("long-range contracts"), the third party is taken into account by the creation of a special conflict rule in the field of contracts, that prevents parties from choosing their law. Party autonomy vanishes for these contracts. In case of simple opposability, ("short-range contracts"), the third party may be reached by the extension of contract effects. Its expectations cannot be protected by the elimination of party autonomy but either by the qualification of questions or by exceptional mechanisms such as overriding mandatory rules
Fauvarque-Cosson, Bénédicte. "Libre disponibilité des droits et conflits de lois /." Paris : LGDJ, 1996. http://catalogue.bnf.fr/ark:/12148/cb371636453.
Full textGavriloff, Julie. "Les méthodes du conflit de lois à l’épreuve du produit dérivé." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100047.
Full textThe derivative is a hedging instrument or an instrument for speculation. The derivative is usually used in international tansactions, and several legislative orders are in competition to govern the contract. The rules for choising a national law are confronted with the parties’ freedom and with the financial markets’ imperatives. The markets’ stability and security are very important. Parties can chose the law applicable to the contract. But the derivative can also be contracted on multilateral system, parties are abble to take financial collateral arrangements, and others laws can be involved
Malan, Alexandre Audit Bernard. "La concurrence des conventions d'unification dans des règles de conflits de lois /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb39125353t.
Full textMiranda, Guerra Frank Nectali. "Le conflit de lois en droit des transports de marchandises par mer." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD008.
Full textThe international uniformity of the carriage of goods by sea law is characterized by certain deficiencies. For instance, the Hague-Visby Rules are applicable only to the maritime leg, so the operations before and after the maritime leg are not under regulation. Here private international law will determine the law to regulate these operations, but the conflict of laws is generalized and there are very few special rules related to the carriage of goods by sea. To guide the choice between the general and special conflict of law rules, the specific characteristics of maritime contracts have to be taken into account. This research tries to determine the deficiencies in the international uniformity of the carriage of goods by sea law, studies the application of the conflict of law rules to maritime contracts and to show how the specific characteristics of maritime contracts influence the choice and the interpretation of the general conflict of law rules. The research takes into account contract and private international law in France and Panama
Le, Bos Yves-Édouard. "Renouvellement de la théorie du conflit de lois dans un contexte fédéral." Paris 1, 2008. 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%3D36.
Full textTamega, Paly. "L'Acte Uniforme relatif au droit commercial général et le conflit des lois." Thesis, Université Paris-Saclay (ComUE), 2015. http://www.theses.fr/2015SACLV022/document.
Full textThe Treaty for Business Law in Africa Harmonization was signed in Port Louis (Mauritius ) ,October 17, 1993 and entered into force on 18 September 1998. It was amended by the Treaty of Quebec on17 October 2008. This revised treaty entered into force March 21, 2010. The treaty 's main objective is toaddress the legal uncertainty and judicial existing in States parties . To do this , it adopted new Uniform Actsincluding the Uniform Act relating to general commercial law, following the AUDCG which is the subject ofour study. The OHADA Treaty has also established a Joint Court of Justice and Arbitration responsible forthe interpretation and uniform application of those acts .The AUDCG was adopted April 17, 1997 and entered into force on 1 January 1998. It was amendedDecember 15, 2010 and published in the Official Gazette of OHADA , February 15 , 2011. It entered intoforce on 15 May 2011. It is applicable in the same way in all Contracting States. The existence of such a setof rules to reduce the importance of the forum in the resolution of international disputes and reduce the needto resort to conflict rules that generate legal uncertainty. That is why OHADA law so general and especiallyAUDCG does not care or whatever conflict of laws.Yet the conflict of laws remain in OHADA . First, the AUDCG leaves the provisions of national law as longas they are not contrary to it. The AUDCG may also be subject to differing interpretations by national courtswhich are the ordinary courts of harmonized law.Furthermore, the AUDCG is part of an international legislative context involving a wealth of substantiverules subregional such as West Africa 's Economic and Monetary Union (UEMOA) , the EconomicCommunity of States of West Africa (ECOWAS ) , the Economic and Monetary Community of CentralAfrica (CEMAC) and the Economic Community of Central African States and international substantive lawsuch as the CISG , Protocol of 11 April 1980 and the New York Convention of 14 June 1974 relating to thelimitation period in the international sale of goods .This interweaving of law born of conflict. So AUDCG persists in the conflict of laws and conflict ofsupranational norms .This thesis aims to investigate these conflicts as well as the principles of solutions that these should beapplied through the conflict of laws rules , the UNIDROIT Principles of the law of autonomy, arbitration
Chabert, Cyril. "L'intérêt de l'enfant et les conflits de lois." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32027.
Full textFages, Fabrice. "Théorie de l'équivalence et conflits de lois." Paris 1, 2013. http://www.theses.fr/2013PA010256.
Full textThe equivalence theory was initially used under French private international law in the form of an exception that justified setting aside the conflict of law rules: first to promote the recognition of foreign judgments and subsequently to avoid what was perceived as unnecessary, the questioning of a French decision that did not respect the conflict of laws rules. The study of the equivalence theory before arbitrators and certain foreign and French judges made it equally apparent that alongside the equivalence exception, the manifestation of a principle of equivalence appeared this time, not as a fix to the conflict of laws rules, but like a participant in the definition of the conflict of laws, thereby distinguishing between real and false conflicts and proposing a way to settle relevant situations of false conflicts. The objective of this study is to expose the different manifestations of the equivalence theory and to describe as precisely as possible the ways in which the equivalence theory is used for a better coordination of the various legal systems
Rude-Antoine, Edwige. "La formation du mariage des maghrebins vivant en France : étude de sociologie juridique et de conflits de lois." Paris 1, 1989. http://www.theses.fr/1989PA010264.
Full textHow to resolve the conflict in the junction of the french law and of the maghrebi law with regard to the formation of marriage. In comparing these laws, some diversities of structural order and some differences of ideological values appear. If islam differs according to each country, the coming on the hexagon of the maghrebis shows this pluralism and the study of maghrebi laws, this composite dynamic. These divergences don't make the privated international relations easy. Do the matrimonial attitudes of the maghrebis, of some competent authorities permit to define a rigid category of maghrebi marriage? the judge will have to research the most appropriate law to each relation of law. The law of the nationality and these implications, the constate of the regression of the game of the public order lead to reconsider the rule of conflict. The mecanisms of transfer, of the public order, the qualification are reached. Do the political and social contexts have to turn the substance and the nature of the rules of conflict? is the best regulation conventional or does one opt for a system pursuing the integration of strangers in france?
Moya, Djoleen. "L'autorité des règles de conflit de lois : réflexion sur l'incidence des considérations substantielles." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D061.
Full textChoice-of-law rules do not all have the same authority. The parties, and even the judge, may be allowed to override the designation made by the conflict rule. The parties are sometimes free to depart, by convention, from the designated law (suppletory choice-of-law rules), sometimes bound by the designation made (imperative choice-of-law rules). The judge is sometimes obliged, sometimes free to raise ex officio the internationality of the dispute, and to deduce from it the application of the choice-of-law rule. Considering together such varied questions may be surprising, but it is the approach adopted by French case law. The authority of choice-of-law rules is defined jointly, according to substantive considerations. As a matter of example, an affiliation proceeding is, in French substantive law, a matter of public policy regarding someone’s family status, and deemed to concern an unwaivable right. Therefore, the applicable choice-of-law rule will be imperative and applied ex officio by the judge. Conversely, if the claim falls within a largely suppletory subject matter or relates to waivable rights, the applicable choice-of-law rule will be suppletory, and the judge will not be required to apply it ex officio. Therefore, the authority of choice-of-law rules is defined, with respect to both the parties and the judge, according to substantive considerations.However, this regime is no longer that of European private international law. Firstly, the European regulations have only defined the authority of their choice-of-law rules with respect to the parties, leaving it up to each Member State to determine their authority over the judge. Secondly, the European definition of their authority over the parties disregards any substantive consideration, and retains a whole set of suppletory choice-of-law rules, regardless of the subject-matter. Is case law justified in defining the authority of choice-of-law rules solely on the basis of substantive considerations ? No, because choice-of-law rules designate the applicable law according to choice-of-law considerations. However, one cannot, like the European legislator, exclude any substantive consideration. The supposition of choice-of-law rules concerns substantive law issues. Choice-of-law rules are, thus, devised according to substantive considerations. Therefore, if these alone cannot define the authority of choice-of-law rules, they cannot be totally ignored either
Deplagne, Constance. "Recherche sur le conflit de lois en matière d’accès aux ressources biologiques humaines." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100093.
Full textMost substances in the human body can be used independently of their body oforigin (for transplantation, research, medically assisted procreation, etc.). Upstream, thisentails a process of access to these human biological resources. This process is divided intotwo phases: individualization of human biological resources - through their extraction andlegal status - and their circulation. At present, this process is directly affected by the phenomenon of globalization.Thus, human organs, tissues and cells, but also patients, are moving or are being moved across borders for therapeutic and scientific purposes. As the regulation of these practices by public international law texts is insufficient, situations of conflict of laws arise. Private international law must then be sought. However, no conflict-of-law rules has been established in this field, either by law or in the case law. Moreover, on the surface, the features of bioethics law (human origin of the resources, omnipresence of public law and differences in legislation between States) appear to hinder a conflict-of-law reasoning. The present study aims, from the point of view of positive law, to address conflict of laws concerning access to human biological resources. It will therefore seek to solve them and analyse the implementation of the proposed solutions
Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
Full textThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
Raynard, Jacques. "La propriété littéraire et artistique à l'épreuve de la méthode du conflit des lois." Montpellier 1, 1989. http://www.theses.fr/1989MON10047.
Full textThe study of the international system of literary and artistic proprietary rights through the method of conflict of laws imposes, for qualification necessities, a reconsideration of the nature of authors copyrights. Only a just appreciation of the latter can account for the rules of conflict of laws inserted in the international conventions or springing from precedents if not law. The first part of this thesis concerns the qualification of this right. Rejecting particular analyses, which are often prevailing in such matters, we have chosen to believe that absolute control over a property, even intangible, is a true proprietary right. The second part of this study draws out the logical consequences of this analysis as concerns the designation of the competent legal order. Thus the traditional territoriality conferred to copyright has seemed to us being directly associated to the real nature of this right. The observation of the rules governing the international system of copyrights has thus appeared as a verification of the previous analysis
Delpech, Florence. "Le rôle de la règle de conflit de lois dans l'efficacité des décisions étrangères." Paris 1, 1999. http://www.theses.fr/1999PA010259.
Full textCHAI, PENG. "Singularites faibles de solutions de systemes de lois de conservation." Paris 11, 1991. http://www.theses.fr/1991PA112305.
Full textBoiché, Alexandre. "La notion de faveur dans les règles de conflit de lois relatives à la filiation." Toulouse 1, 2001. http://www.theses.fr/2001TOU10048.
Full textThe child best interest has an influence on the rules of private international law. With regards to affiliation, it is expressed in the favour to the establishment of the link. Though this notion, the aim is to play with the possibilities offered by the international character of the relation to facilitate the child access to his affiliation
Vignal, Thierry. "La part de la volonté dans les règles de conflit de lois hors des contrats." Paris 2, 1993. http://www.theses.fr/1993PA020126.
Full textThe purpose of this thesis is to state the part of personal will in private international law out of contracts, which is the traditional matter of research. This part is extremely varied the person can choose the connection (nationality, domicil) but also the law this choice of law can be indirect(by the choice of an authority or jurisdiction) or direct. This choice of law begins to appear in matters, specially family law, whose it was normally excluded. This emergence incites to research the conditions of the appearance of this direct choice before trying to state its consequences upon the structure of the classical conflict rule. Would it be deeply modified by the introduction of this choice? Would its" neutrality" be affected? We'il examine finally the care which the choice demands and the limits it must have; these limits must lead, in precise cases, to deny it (specially in family law)
Shams, Bamdad. "Le conflit de lois et la production privée des droits fondamentaux : vers un renouveau théorique." Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0014.
Full textIn a world characterized by a multiplicity of sites of law production, more and more non-state actors act as private lawmakers. The traditional view defended by supporters of legal pluralism is that private actors only produce informal norms supporting private interest. However, those private lawmakers also produce norms that promote and protect fundamental rights and freedoms within corporations’ sphere of influence. These new types of private norms are autonomous, binding upon its subjects, and are not subject to the autority of state law. As a consequence, a new kind of conflicts can arise between state law and non-state law in the fundamental rights area. The purpose of this thesis is to show how private international law can go beyond its traditional function to deal with these hybrid conflicts which do not fall neither within the conflict of laws, nor the traditional human rights methodology. These particular conflicts could be adequately solved through the application of principles such as primacy, subsidiarity and proportionality. These principles could serve as the basis for a humanist approach to private international law, which would lead to the application of the most protective norm for human beings regardless of its origin
Richez-Pons, Anne Fulchiron Hugues. "La résidence en droit international privé conflits de juridictions et conflits de lois /." Lyon : Université Lyon3, 2005. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2004/richezpons_a.
Full textGosselin-Gorand, Armelle. "L' influence des principes communautaires de libre circulation sur les règles nationales de conflit de lois." Caen, 2001. http://www.theses.fr/2001CAEN0061.
Full textCoursier, Philippe. "Le conflit de lois en matière de contrat de travail : étude en droit international privé français." Montpellier 1, 1992. http://www.theses.fr/1992MON10019.
Full textThe interest of the doctrine in the conflict of laws, as far as labour contract is concerned, is increased with the multiplication of the problems liked to this conflict. The question is now of biggest importance because of the convention of rome, 19 th of june, 1980, relating to the conflict of laws, as far as contracts are concerned. This text proclaims the freedom of choice for the contracting parties as far as lex contractus is. But the labour contract has also its own rules destinated to protect the worker. The imperative disposals of the usual workplace warrant this protections. Beyond those questions, we find the problem of the application of the laws of immediate application,imperative rules ("lois de police") "substantial" rules of international private law
Crabot-Hubert, Jean-Marie. "Autonomie de volonté et ordre public au sein du conflit de lois relatif aux contrats maritimes." Nantes, 2008. http://www.theses.fr/2008NANT4010.
Full textInternational maritime contract deals with different law in conflict, such as french law or english law. So, the determination of law of contract does not easily. Some principles can be discovered in the international law, two of us represent the heart of the study ; it is the autonomy of will and the public order. In fact, the freedom of contract is the principle on which the conflict of law is based. To resume the main issue of the thesis : the autonomy of will can be defined as the rule of conflict that can permit to determine the law of contract, defined as the law of autonomy. That's really topic in maritime law, we must take in account the important number of public order law ; which oblige the two parties to adhere to a special juridic system. Know how the two system operate is the second issue of the study
Richez-Pons, Anne. "La résidence en droit international privé : conflits de juridictions et conflits de lois." Lyon 3, 2004. https://scd-resnum.univ-lyon3.fr/out/theses/2004_out_richez_pons_a.pdf.
Full textRouvre, Emilie. "Solutions fortes entropiques pour des lois de conservation hyperboliques-paraboliques fortement dégénérées." Pau, 2001. http://www.theses.fr/2001PAUU3010.
Full textBode, Michael. "Le groupe international de sociétés le système de conflit de lois en droit comparé français et allemand." Bern Berlin Bruxelles Frankfurt, M. New York, NY Oxford Wien Lang, 2009. http://d-nb.info/100000399X/04.
Full textHaftel, Bernard. "La notion de matière contractuelle en droit international privé : Etude dans le domaine du conflit de lois." Paris 2, 2008. http://www.theses.fr/2008PA020009.
Full textBode, Michael. "Le groupe international de sociétés : le système du conflit de lois en droit comparé français et allemand." Paris 2, 2009. http://www.theses.fr/2009PA020026.
Full textCarlier, Peggy Bottiau Annie. "L'utilisation de la Lex Fori dans la résolution des conflits de lois." Villeurbanne : TEL, 2008. http://tel.archives-ouvertes.fr/tel-00287077/fr.
Full textMai, Duc Thanh. "Sur les solutions entropiques non classiques de certains systèmes de lois de conservation." Palaiseau, Ecole polytechnique, 2003. http://www.theses.fr/2003EPXX0019.
Full textMalan, Alexandre. "Les conflits de conventions en droit international privé : conflits de lois." Paris 2, 2000. http://www.theses.fr/2000PA020046.
Full textZernikow, Marcel. "Les règles de conflit de lois confrontées au marché intérieur : étude en droit international privé européen du travail." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D045.
Full textMobility of workers within the internal market of the European Union is growing constantly, whereas European integration in social matters remains incomplete. The absence of an exhaustively harmonised European Social Law is not only related to the minimum character of harmonisation but also to the lack of an overall competence in social matters. Due to diversity between labour legislations of the Member States, conflict of laws needs to be mobilized in order to guarantee effective freedom of movement. More precisely, Private International Law has the function of promoting the worker protection principle enshrined in free movement law. Our purpose is to analyse possible impacts of the law of the internal market on Conflict of Laws. The subject of the present study is on European Conflict of Laws. Inspired by national conflict of law mechanisms, European conflict of law rules should nowadays fit into the context of European Union Law and therefore adopt its principles. Among those, the worker protection principle – as part of the concept of the internal market – is of high interest. While discovering the content of this principle, we underline different manners in which it can influence conflict of law rules. Our starting point consists in admitting the competence of the European Union for Private International Law matters. While demonstrating failures of the actual European conflict of law rules regarding their adaptability to legislative diversity, we discover that Member States tend to make increasingly use of unilateral mechanisms: Imperativeness is intended to assure Member States’ regulatory interests by designating the law of the forum state. For the purpose of this demonstration, we suggest to analyse the example of posted workers, among others. Territoriality has been observed in Conflict of Laws. This is problematic from the perspective of integration of the internal market, i.e. in our context, the European labour market. Therefore, we suggest that conflict of law rules should be adapted to the requirements of European regulatory interests. Lessons can be drawn from the concept of the internal market which leads us to examine a protective conflict of law rule aiming at integrating the worker into the labour market
Zernikow, Marcel. "Les règles de conflit de lois confrontées au marché intérieur : étude en droit international privé européen du travail." Electronic Thesis or Diss., Paris 1, 2019. http://www.theses.fr/2019PA01D045.
Full textMobility of workers within the internal market of the European Union is growing constantly, whereas European integration in social matters remains incomplete. The absence of an exhaustively harmonised European Social Law is not only related to the minimum character of harmonisation but also to the lack of an overall competence in social matters. Due to diversity between labour legislations of the Member States, conflict of laws needs to be mobilized in order to guarantee effective freedom of movement. More precisely, Private International Law has the function of promoting the worker protection principle enshrined in free movement law. Our purpose is to analyse possible impacts of the law of the internal market on Conflict of Laws. The subject of the present study is on European Conflict of Laws. Inspired by national conflict of law mechanisms, European conflict of law rules should nowadays fit into the context of European Union Law and therefore adopt its principles. Among those, the worker protection principle – as part of the concept of the internal market – is of high interest. While discovering the content of this principle, we underline different manners in which it can influence conflict of law rules. Our starting point consists in admitting the competence of the European Union for Private International Law matters. While demonstrating failures of the actual European conflict of law rules regarding their adaptability to legislative diversity, we discover that Member States tend to make increasingly use of unilateral mechanisms: Imperativeness is intended to assure Member States’ regulatory interests by designating the law of the forum state. For the purpose of this demonstration, we suggest to analyse the example of posted workers, among others. Territoriality has been observed in Conflict of Laws. This is problematic from the perspective of integration of the internal market, i.e. in our context, the European labour market. Therefore, we suggest that conflict of law rules should be adapted to the requirements of European regulatory interests. Lessons can be drawn from the concept of the internal market which leads us to examine a protective conflict of law rule aiming at integrating the worker into the labour market
Konaté, Ziémongo Francis. "Les conflits de lois et de juridictions dans le droit OHADA." Nantes, 2016. http://www.theses.fr/2016NANT4005.
Full textThe standardization project initiated in Africa by OHADA led to the adoption of various uniform acts. The rules already adopted or those planned to be adopted are pragmatic rules aiming to substitute the internal business law of each individual country. These rules also are aimed to be applicable to OHADA member countries and tier non-OHADA states. These judiciary relationships raise the issues of international private law notably conflicts of laws and jurisdictions. Until now these issues have not been included in standardization processes despite the fact that they are and will be raised in the above mentioned relationships. OHADA law is not directly imposable to these relationships in principle, the rules of conflicts of laws and jurisdictions are imposable as cornerstone to the implementation of OHADA law. The purpose of this study is to demonstrate the importance and usefulness of these rules in order to urge OHADA to include these rules in the current standardization process
Milišić, Vuk. "Approximation cinétique discrète de problèmes de lois de conservation avec bord." Bordeaux 1, 2001. http://www.theses.fr/2001BOR12449.
Full textClaret, Hélène. "Contrats d'assurance et conflits de lois en droit communautaire." Grenoble 2, 1993. http://www.theses.fr/1993GRE21048.
Full textThis thesis deals with conflicts of laws generated by creation of the internal market in insurance in E. E. C. . First part is about problems of dertermination of applicable law for contracts holded in freedommof services. Chapter one deals with conflicts of laws such as resolved by European directives (second and third insurances directives). It appears that this conflicts of laws rules are opened to criticism. They are not ables to create a true internal market in insurance because they oblige insurance compagnies to adjust thiere polices to each national market when "mass risks" are concerned. Then they are at variance with this aim of freedom on services. Moreover, they don't allow insurers to adopt uniformised manadgment of risks on e. C. Territory. Solution of this question appears to lie in an application or rome convention on law applicable to contractual obligations (with adjustments) to insurance contracts, included the ones wich are concluded in freedom of services (chapter two). Whatever solution is choosed, designed law scope is restricted by intervening of otherlaws. This point is approached in second part of the thesis. Chapter one deals with effects of applicable law. Ch. 2 about ordre public and mand datory rules
Mancip, Martial. "Couplage de méthodes numériques pour les lois de conservation : application au calcul de l'injection." Toulouse, INSA, 2001. https://tel.archives-ouvertes.fr/tel-00001960v2.
Full textThis thesis deals with numerical methods for solving systems of conservative partial differential equations. When the flow is a complex one, we need many physical models without known boundaries. We can use different numerical schemes for different domains, with some overlap of the domains. We present here a new and efficient algorithm to compute the solution on these overlaps. It needs a conservative projection of the numerical solution from one scheme to the other one. There is no artificial condition on the boundary of the coupling domain. To do so we use a regularization of the Heaviside function on this domain. Thus the whole algorithm is conservative and is adapted for Conservative Laws. The mathematical analysis has been done for scalar hyperbolic equations in any dimension. It is based on the convergence of Finite Volume Methods. We prove the convergence of the measure solution with Diperna's theorem, and then we give an error estimation in order of hơ. We did so by using a new estimation of the type weak H1 to deal with the new coupling error terms. A lot of numerical applications in Fluid Mechanics such as shock tube show that the method is stable and conservative. We use also the meshless method called Smooth Particle Hydrodynamics, in its renormalized form, to compute the birth of a jet by coupling a Finite Volumes with a Particle Method. It shows the stiffness of the algorithm and its efficiency with complex flows. This study was done in collaboration with the team of Pr. D. Kröner from the Institute Applied Mathematics of Frieburg University of Germany
Reydellet, Colin. "Corrélations entre conflits de lois et conflits de juridictions en droit international privé des obligations." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3074.
Full textFrench private international law holds as usual the dissociation between choice of law and judicial jurisdiction. This independence between the two sets of rules is set up as a principle by both majority doctrine and law. According to this principle, any form of correlation is and must be refuted, whether it occurs at the time of implementation of the conflict rules or the time of their formulation. In other words, three hypotheses are thus denounced: that of the direct applicability of the lex fori as such, but also those of the jurisdiction of the forum legis and the parallelism of the conflict rules, which lead to an indirect applicability of the lex fori. However, according to this study, contracts and torts private international law shows that such a principle does not exist and that it is not necessarily appropriate. Indeed, both the mechanism of overriding mandatory provisions and freedom of choice of law give rise to a direct applicability of the lex fori. Moreover, the refutation of indirect correlation modes is inappropriate. On the one hand, the jurisdiction of forum legis makes it possible to guarantee the effectiveness of overriding mandatory provisions, insofar as no other remedy is sufficient. On the other hand, the specialisation of contracts and torts private international law and the influence of European Union law on this discipline generate rules of judicial jurisdiction rules and applicable law that present a certain parallelism that is not only accidental. The thesis thus invites us to question certain classic dogmas of private international law of obligations
Carlier, Peggy. "L'UTILISATION DE LA LEX FORI DANS LA RÉSOLUTION DES CONFLITS DE LOIS." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00287077.
Full textPrenant acte de ce constat, qu'il fonde sur des considérations sociologiques (ethnocentrisme) et pragmatiques (bonne administration de la justice), l'auteur entend réhabiliter la loi du for. Sans aller jusqu'à un legeforismo, dont la traduction pratique serait l'application systématique de la lex fori, un équilibre réaliste est proposé à partir d'un rapprochement des critères de rattachement et des chefs de compétence. Le vade-mecum de ce rapprochement offre alors les clés de la complémentarité qui doit exister entre la lex fori et la loi étrangère.
Lecumberry, Myriam. "Structure géométrique des parois en micromagnétisme et des ondes de choc de solutions de lois de conservation scalaires." Phd thesis, Université de Nantes, 2003. http://tel.archives-ouvertes.fr/tel-00004137.
Full textMelliani, Saïd. "Solutions mesures de Dirac de systèmes de lois de conservation (Equations de Saint-Venant 2D) et diffusion acoustique." Lyon 1, 1994. http://www.theses.fr/1994LYO10318.
Full textOprea, Elena-Alina. "Droit de l'Union européenne et lois de police." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020028.
Full textThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods