Dissertations / Theses on the topic 'Théorie du contrat administratif'
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Friedrich, Clemmy. "Histoire doctrinale d'une mise en discours : des contrats de l'administration au contrat administratif (1800-1960)." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10039/document.
Full textThere is a history of administrative contracts that is commonly shared by the legal experts. Developed at the very time when their theory was designed, it argues that the Council of State would have conceptualised the administrative contract in the first years of the 20th century, before the emergence of a general theory proposed by Gaston JÈZE, then Georges PÉQUIGNOT and André de LAUBADÈRE. From this perspective, the administrative law specialists of the 19th century would have been unable to think the administrative contract. If we unquestionably agree that the administrative contracts theory is contemporary with the inter-war period, these specialists did not lack of interest in the administrative contracts according to their very own preoccupations. On one hand, the administrative contracts theory, the paternity of which being traditionally attributed to Gaston JÈZE, is shaped by the inter-war period. The contrast between this time and the “Belle-Époque” period brings to light the motives behind the will of some administrative law specialists to stand up for this idea – unintelligible until then – that there could be two different kinds of contracts (part 2). On the other hand, the administrative law experts of the 19th century focused their worries about the contracts of the administration on contemporary issues. Whether it be to characterise the administration and its jurisdiction, or be it to develop representations of the administrative law. Without constituting a general theory that would emphasise their unity, the contracts of the administration were used to discuss the administrative law, so much so that they were a vector of its dynamism (part 1)
Blaquière, Benjamin. "La théorie de l’accessoire en droit administratif." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020084.
Full textThe "accessory theory" is a legal rule that tends to suggest that the accessory has to follow the principal. Even though it had been increasingly invoked in administrative law, it has been used in a somewhat impressionistic way. In order to better understand it and facilitate its application, this study aims to figure out when, how and why this theory applies in French administrative law
Gouhier, Sébastien. "Essai d'une théorie générale de la responsabilité en droit administratif." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2002.pdf.
Full textThe generosity of the French system of public responsibility has taken place to the detriment of some overall theoretical logic. However, considering the historical development of French law which has become a model in terms of protecting victims -despite the archaic argument of sovereignty ; considering also natural law from a social point of view, it seems possible to keep the consistency of the whole system. The coming into place of the general principle of responsibility of public administration has been, in France, the result of a will from judges and the administration itself, fonder direct pressure from the people and the vital need to maintain and develop public services. Thus, the ultimate idea behind the concept of public responsibility as well as the justification for a special law to determine where public administration may be held liable lies as follows : public power is responsible for not keeping the promises made in the social contract imposing compensation for the increasing hazards inherent to the development of life in society and to public interventions. So, the responsibility of public administration entails political functions. Namely, to legitimate the action of the welfare state and to largely insure citizens against social hazards- This responsibility is based upon the need for security and for tl}e solidarity implemented by the right to equality and fairness as stated in the social contract. Consequently, the legal functions of this responsibility have to be the punitive responsibility and the insuring responsibility. The terms and conditions of such responsibility would still be the commitment of a wrong by public power, and its limits would be the necessary infringement of rights determined with reference to thé prejudicial constraints that one may undergo when living in society
Nguewo, nono youta Ferdi. "L'ordre public contractuel en droit administratif." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2022. http://scd-proxy.univ-brest.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/isbn/9782247234509.
Full textThe study of the contractual public order in administrative law, which was necessary given the lack of doctoral research on this major theme of contract law, leads to several conclusions that are interesting both for the notion and for administrative law itself. With regard first to contractual public order, its examination in administrative law confirms that the concept cannot be defined, but only identified, the criterion allowing this identification to be made being the automaticity of the sanction attached to the rule. With regard to administrative law, the inclusion of contractual public order among the cardinal notions of this law has contributed to the improvement of the law and litigation of administrative contracts. The handling of the concept allows the administrative judge to modulate the treatment of the causes of invalidity, to direct the general theory of the administrative contract, but also, sometimes, to stand out from the judicial judge by retaining a singular conception of the contractual public order
Rogue, Fanny. "Les nouvelles figures contractuelles : Contribution à la théorie générale du contrat." Caen, 2014. http://www.theses.fr/2014CAEN0001.
Full textOne may wonder if the new forms of contracts such as the back-to-work assistance plan, the parental responsability contract, the host and integration contracts, the work placement and personalized social support contracts, can be considered as such, if one sticks to the traditional definition of the word contract, namely an agreement of wills which aims at creating obligations. The purpose of the thesis is, through their study, a new analysis of the notion of contract. A revised definition, shared by private law and administrative contracts, can be suggested. A contract is the meeting of mutual consents which aims at creating new right effects. Besides, contract guidelines can emerge. Finally, the peculiarity of new forms of contract can be explained by the emergence of new contract functions : the guidelines for problem resolution. Like other contracts, they belong in the revealed category of unequal contracts which are characterized by two elements : the existence of a power held by one of the contractors and the consequential vulnerability of the other. A sketch of a common scheme seems to appear because of the need to protect vulnerable contractors, and more generally, to maintain the contract as a social link. Such a scheme is difficult to imagine, in view of the specific characteristics of each unequal contract. This standardization is desirable to facilitate the effectiveness of the desired result
Reneau, Raphaël. "L'externalisation administrative : Éléments pour une théorie." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD031/document.
Full textAppeared almost twenty years ago in the doctrinal discourse of administrativ law, still today the term of externalisation is paradoxically not very present in the theoretical language of lawyers, and nearly absent in the positiv law and in the courtrooms. Indeed it is employed most of the time as a « cosmetic » and ideological term mainly destined to realize, generally, of the managerial turn borrowed by organization and management of administrative action in the framework of state reform, and under the influence of the New Public Management precepts. However, it is not dedicated to remain simply as an idiom representative of emergence of a new posture of state and public authorities. As it happens, it can be considered as a concept in full integrated to the general theory of administrativ law. As such, it offers opportunity of an original approach of contemporary transformations crossing this disciplinary purview, and allows to provide a definition and a contents properly administrative to this term many times mentioned and so litte specified. Inspired by the achievements of economics and management, and the works conducts by civil law doctrine, the conceptualization of administrative externalisation leads to the discovery of an novel management mode of administrative action based on a logic of cooperation, and covering the recourse by public authorities at traditional juridical instruments endued of a singular function to empower a third party to share in the realisation of an ability assigned to them by the legal order. Thus elaborated, the administrative externalisation concept unflods in the framework of fulfillement of the concret public authorities ability, under multiple juridical forms and in various fields of activity, by the means of an instrumentalization of the obligation revealing a renewed conception of this one. Therefore, it brings unprecedented elements of understanding of evolution of methods of intervention by the administrative authorities. From title to subtitle, theoretical utility of this concept is measured so in terms of the content assigned to it, wich sets the milestones of an administrative externalisation theory and, beyond, of a cooperative management of administrative action theory
Grach, Gaëtan. "L'unité des contrats privés et des contrats publics." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1069.
Full textSeeking unity between private and public contracts is ultimately intended to demonstrate the existence of a base, a law common to private and public contracts, at the stage of their conclusion. However, if the unity, in terms of private and public law, of the basic elements of the contract may prove to be imperfect, two concepts may bring cohesiveness to the legal phenomenon of the unity of contracts: the general concept of contract in its role as a founding principle of the phenomenon of unity enables a uniform definition for the contract to be sought, the expression of which is the concept of consent whereas the notions of object and cause reveal themselves to be main instruments of identification, ancillary to the phenomenon of the unity of contracts. Thus, if multiple contracts exist, there only exists one concept of the contract. If there are an infinite number of objects, causes and means of consent, there is only one concept of object, cause and consent. The unity of private contracts and public contracts is this: the reduction of a multiplicity of notions into one basic framework, the concept of the contract
Bourgois, Joël-Luc. "Le contentieux du droit de préemption des collectivités publiques : contribution à la théorie des actes détachables en droit administratif français." Lille 2, 1994. http://www.theses.fr/1994LIL20017.
Full textBartolucci, Mattéo. "L'acte plurilatéral en droit public." Electronic Thesis or Diss., Bordeaux, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218813.
Full textThe notion of plurilateral decision comes from a doctrine imported in France by Leon Duguit at the beginning of the 20th century. Of German origin, this doctrine consists in subsuming all the agreements under a meta-category called “plurilateral decision”, the contract of which is only a subcategory. Along with the unilateral decision, the plurilateral decision constitutes the summa divisio of legal acts. Like the unilateral decision, the plurilateral decision has several categorial subdivisions to wich distinct legal regimes are attached. Faced with the contractual crisis our legal order is going through and the multiplication of pseudo contracts, the concept of plurilateral decision represents a necessary stopgap. Modernized, it thus provides a classification of agreements able to clarify a subject presently faced to some disorder
Bourdon, Pierre. "Le contrat administratif illégal." Paris 1, 2012. 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%3D135.
Full textFerré, Robin. "L'identification du contrat administratif." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSES063.
Full textThe identification of administrative contract is known as a concept constructed by case law. The concept criteria were made by the Conseil d’État in the early twentieth century, and judicial authorities still retain an undeniable importance in the matter. The proliferation of legal qualifications, since the beginning of the new millennium however raises questions. It is tempting to see in this development a disruption of the concept of administrative contract. These changes, however, would result in a loss of direction which may result in an eventual disappearance, or even pave the way for unification of contractual disputes, administrative contract having lost all specificity. Yet it is this uniqueness that justifies the existence of a special rule body - the regime of administrative contract - and a special judge, the administrative judge. To consider the problem in these terms is tempting, but only partially reflects reality. It must be remembered that the legal qualifications were very early part in the formulation of administrative contract, and they cohabited with the criteria derived from case law to the contemporary period. Despite appearances, this is still the case. The most recent legal qualifications did not question the specificity of administrative contract. It is yet identified according to its special nature, and only its scope changes. Jurisprudential criteria and legal qualifications indeed share the same conception of administrative contract, based on the proximity to the public interest. Far from being weakened, the concept of administrative contract thus reveals its permanence. Only backs away the intervention of case law within it, except in the enforcement of written law
Sourzat, Lucie. "Le contrat administratif résilient." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10037.
Full textResilience can be defined as the ability to successfully adapt to changing conditions despite risks and adversity. How would function the digital economy and the public works sector today, if we were not sure that the networks and the infrastructures which provide their services are able to face any potential external attack? And how could we be sure of this, if we had not taken all the precautions required by such a situation in the contracts that have enable to build them? The purpose of the present work is precisely to show that the administrative contract is "resilient", in the sense that it is able to deal with the vagaries that may affect it, to adapt to them, to resist to them, to anticipate them, and even better, to incorporate them. What particularly makes the originality of the administrative contract is the existence of a number of principles of public order and legal mechanisms, which enable it both to handle any vagary and to remain stable when faced to contingency. Thus, the first two criteria for resilience: the adaptation and the resistence to vagaries, seem to be met. The evolution of the context in which administrative contracts are signed, as well as the influence of the basic principles of competitive public order, have however shown that these mechanisms seem insufficient. Without making them disappear, new complementary solutions have thus emerged. The notion of prevention has been progressively placed at the heart of administrative contracts. It highlights the presence of two other criteria for resilience: the anticipation and the integration of vagaries. Thus, as the four criteria for resilience are met by administrative contracts, a new concept known as "resilient administrative contract" seems to be emerging, which contributes to make the administrative contract safer and less singular
Langelier, Élise. "L'office du juge administratif et le contrat administratif." Poitiers, 2011. http://www.theses.fr/2011POIT3004.
Full textThe field of public contracts constitutes a typical example of how judges redefine their powers and duties in order to adapt to changes in society. During the first decade of the twenty-first century, substantial modifications have affected the subdivision between the procedural means of judicial protection of the citizen in conflicts relating to public procurement. Under the influence of increasing European standards and in an attempt to preserve national traditions, France, Germany, Italy and Spain have seen a proliferation in available legal remedies. This growing procedural complexity is associated with a significant movement of subjectification in light of which the principles and foundations of that judicial protection should be studied from a new point of view taking into account the diversity of requirements imposed. It is therefore necessary to re-think the place of and developments in judicial protection regarding public procurement
Ubaud-Bergeron, Marion. "La mutabilité du contrat administratif." Montpellier 1, 2004. http://www.theses.fr/2004MON10071.
Full textHoepffner, Hélène. "La modification du contrat administratif." Paris 2, 2008. http://www.theses.fr/2008PA020060.
Full textElbeherry, Ibrahim. "Théorie des contrats administratifs et marchés publics internationaux." Phd thesis, Université de Nice Sophia-Antipolis, 2004. http://tel.archives-ouvertes.fr/tel-00412538.
Full textBlanchon, Clothilde. "Recherche sur la subvention : contribution à l'étude du don en droit public." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0446.
Full textThe issue of the legal definition of grant has long been blotted out and constrained. Nowadays, in a context of confusion between this notion with the closely related notion of public procurement, it is more than necessary to tackle it. A single distinctive feature seems efficient to isolate itself from this nearby type: its very nature of public gift or, to employ the French “civil law” terminology, its quality of “gratuitous act”. The research for the two elements used in French private law to identify such an act proves to be conclusive. Furthermore, it reveals the specificity of this item in public law. Animus donandi can originally be combined with general interest, and this raises grant as a real gift with charges of public law. Public gift, as specific as it is, fashions the rules applied to grants. It provides this notion with a genuine legal status, which turns out to be consistent and intelligible. The funding mechanism is ruled by the concept of general interest, and its implementation is governed by its conditional quality. Grants proves to be a public gift, and it is ruled as such. This conclusion couldn’t have been reached without meeting with the heuristic value of the concept of public gift
El-Hossein, Mohamed. "L'évolution de l'éxécution du contrat administratif." Caen, 1988. http://www.theses.fr/1988CAEN0009.
Full textMestre-Lafay, Frédérique. "Le quasi-contrat en droit administratif." Nancy 2, 1991. http://www.theses.fr/1991NAN20007.
Full textIn French civil rights, the existence of "quasi-contrat" (implied-contract) is strongly denied. It is different in administrative law because the "quasi-contrat" gets a conceptual autonomy. It has mainly a complementary function, supplied and substitutive according as it is relative to a perfect contract, a not valid or not formed contract, or it is playing on the outside of any contractual framework. It holds an intermediary place between the contract and the "quasi-delit" (tort law). So three "types" of "quasi-contract" come into view according their degree of proximity the "contractual ideal-type" : - performance of a useful prestation, on the initial will of the administration ; - performance of a useful prestation, with its tolerance ; - performance of a necessary prestation executed without its knowledge. The judge identifies in this fact, a fount of autonomous obligations, for which he attributes specifical consequences. The legal system of "quasi-contrat" is mainly characterized by the existence of the "quasi contractuelle" liability founded on "enrichissement sans cause", and by the existence of peculiar rules: priority and specifical combination with the "quasi-delictuelles" liability
Brenet, François. "Recherches sur l'évolution du contrat administratif." Poitiers, 2002. http://www.theses.fr/2002POIT3019.
Full textLombard, Frédéric. "La cause dans le contrat administratif." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32041.
Full textThe cause, established by the civil code as a condition for the validity of conventions, applies to the public service contract. When the administrative judge implements a rule from a private law code, it is up to him to use them considering what the public service may require. The notion of cause remains widely faithful to the notion used by the judicial judge. Specific characteristics do exist, they do not question the permanency of the condition. Furthermore, in order to have a good understanding of the theory of the cause, one must detect the theoretical justifications which animate it. The considerations of utility and justice is the justification to the appeal to the causalistic technique. This justification enables one to bring to light a common background of principles, a sort of contractual common law between the two laws. Hence the second function of the theory of the cause : to allow a qualifying of the law autonomy of the public contract
El-Hossein, Mohamed. "L'Evolution de l'exécution du contrat administratif." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb376143727.
Full textMrad, Djamila. "Subjectivisation du contentieux et contrat administratif." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV065.
Full textThe litigation of the administrative contract has been the subject of a restructuring which is reflected in a phenomenon of subjectivization. This is based on a specialization of actions. This movement was constructed in opposition to the traditional figure of the applicant co-participating in the implementation of the principle of legality. This specialization of the actions is expressed first of all by a strengthening of the conditions of appreciation of the existence of the action and is then eloquently manifested in the examination of the defense. Finally, the administrative judge focused his function on the contractual norm. He determines, regarding his jurisdictional powers and in the light of the “circumstances of the case”, if the contract has to be kept in the legal order. Therefore, the terms of the jurisdictional control of the administration have changed: the judge is not anymore analyzing a norm to norm relation but a norm to concrete situation relation. This subjectivization of the litigation accompanies the mutation of the administrative contract, object of the litigation. Indeed, the study of the relationship between the administrative contract and the market has revealed how the notion of administrative contract has been restructured around the competitive market. As a contract, the administrative contract relies on the competitive market with the aim of better satisfying the general interest. Its administrative nature allows, at the same time, to impose the general interest to the market, when it is not able to respond to the imperatives pursued by public action. The administrative contract allows the state to be a part of the market, as well as to oppose it. The subjectivization of the litigation contravenes the objectivism of the administrative contract in a competitive approach. The administrative judge confirmed his role as a legal body protecting state interests. Ultimately, the mutation of the administration’s jurisdictional control reflects the evolution in the role of the state and its administration in its relationship to the market
Guilbaud, Thomas. "Le contentieux des tiers au contrat administratif." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
Full textThe field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Mazzocchi, Vincent. "Exécution du contrat administratif et comptabilité publique." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100137.
Full textThe thesis makes it possible to demonstrate that public accounting is a tool for monitoring the execution of the administrative contract. The law of budgetary accounting constitutes a tool of renewed control of the execution of the administrative contract in that it conditions the financial and material execution of the administrative contract. The general accounts of the State constitute a new tool for monitoring the execution of the administrative contract in that it is an instrument of financial analysis of the administrative contract
Fouilleul, Nicolas. "Le contrat administratif électronique : l'exemple des marchés publics." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32006.
Full textThe deliberate participation of the French Civil Service in the society of information's development is likely to lead to a lot of disruptions in the subtle balances which have been slowly organized by our administrative law. Thus, the public contract's room, and more specifically the public markets’ one, has already undergone deep alterations that have lead to wonder about this juridical concept which is still under construction : the administrative e-contract (e-commerce, e-procurement). The " last " version of the public markets code (legislation) has indisputably broadened the field of the contract's dematerialization in introducing new procedures, in expecting new tranfer's conditions on dematerialized tenders, in shortling, in some case, the "dossiers de consultation des entreprises" (DCE)'s delays of tranfer or in guaranteing the security of information's exchanges, but it has also disrupted the forms and the formalities that those various deeds have to comply with. So the recent texts' examination shows the birth of a new contractual formalism. In fact, the aim isn't to erase any formalism but to rethink the formalities in mobilizing new technologies without weakening the essential principle of juridical security. Generally speaking, as the public e-procurement is now a reality, thus the question of the administrative contract’s execution is likely to be put in a new context. Beyond the renewal of contractual relations, the standard obligations of a sound public management then have to be rethinked althought other difficulties will rise. Therefore the administrative e-contract raises numerous interrogations, the answers of which, first of all, assess new methods of approach and new ways to define the administrative contract. Thus, this thesis will be on the basis of a typology’s essay about the contract’s dematerialization which has the aim to better understand the juridical consequences of this “transmutation de l’instrumentum” during the admnistrative contract’s development and then its carying out
Guecha, Lopez Carlos Alfonso. "La modification du contrat administratif en droit colombien." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020037/document.
Full textAlthough the modification of the public contract is in principle free, it can only take place under certain limitations. In France, the rules of advertising and competition impose substantive conditions of form and procedure to determine the legality of the modifying instrument. The prohibition of agreeing to a new object, restrictions on altering the economic balance, setting financial thresholds, etc., reveal a rigorous control for any modifications. In Colombia, however, it appears that the freedom of the parties is much broader. A general threshold of fifty percent of the initial price, the possibility of altering the economics of the contract and even the fundamental modification of the object, are part of a legal system that tends to abolish all restrictions to the will of the parties regarding modification. Although it is of the essence of contract modifications to disclose the conditions initially established, a major theme is that of the nature of the change in Colombian law to reveal all the challenges of its implementation
Jamais, Gauthier. "Le contrat au sein de l’emploi public administratif territorial." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20004/document.
Full textAdministrative jobs of local authorities cover all public employees working on behalf of an administrative public service managed by a local authority or one of its subsidiary. Those jobs, originally conceived to be mainly occupied by civil servants, are in fact occupied by a fifth of contract agents. Contract agents demonstrate that civil servants alone are not able to fulfill every tasks of local authorities. Contractualization could be a way to ensure modernization of those jobs: either a global privatization or an increase of their contractual components could be solutions. The career logic, used for more than thirty years, would then necessarily be called into question. This thesis, after having established that civil servants alone are not able to fulfill every tasks of local authorities, discusses the proposed solutions
Hoffmann, Fabien. "La rupture du contrat administratif : essai sur la pérennité des relations contractuelles en droit administratif." Bordeaux 4, 2009. http://www.theses.fr/2009BOR40048.
Full textIs the public service contract in a position to last ? Public service contracts being subject to evolutions of the general interest - and instrumental achievement - as well as to the will of the administration which has extensive authority to breach them, they seem to put the contracting party in a precarious situation. However, the present study, devoted to the early termination of a public service contract, aims to demonstrate that contractual relations under administrative law are perennial. First, the prerogative to terminate a contract is delimited by the very nature of the public service contract. As an agreement between two wills, the contract may only be terminated by the contracting parties. As an economic operation of general interest, the prerogative circumscribes the breaching power of either party. Second checking the causes for termination protect the binding power of the contract. The termination is deemed valid when the contract is useless or ineffective. Even, if the judge doesn't invalidate the civil service's decision in principle, he nevertheless protects the contractual bind by compensating in full their contracting party, thus fulfilling their initial expectations. At last, the effects of early termination ensure partial survival to the public service contract. The juridical operation is not completely questioned after the early termination : extinction is limited both on the main contract and on the subsidiary contracts. And the economic operation, may even be achieved in spite of the termination
Bucher, Charles-Edouard. "L'inexécution du contrat de droit privé et du contrat administratif : Etude de droit comparé interne." Paris 2, 2009. 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%3D83.
Full textZouania, Barry. "L'économie du contrat : essai d'une théorie néo-classique du contrat." Toulouse 1, 2007. http://www.theses.fr/2007TOU10044.
Full textLequette, Suzanne. "Le contrat-coopération : Contribution à la théorie générale du contrat." Paris 2, 2010. http://www.theses.fr/2010PA020102.
Full textDreyfus, Jean-David. "Contribution à une théorie générale des contrats entre personnes publiques." Paris 1, 1997. http://www.theses.fr/1997PA010260.
Full textContracts between public bodies have undergone a sizeable expansion during the past twenty years. They now deal with a great range of areas. As a separate field of study, they offer enough unity to allow for the elaboration of their general theory. Whether administrative or private, the sources of the law governing these contracts - written sources being particularly important - show great similarities. Being contracts i. E. According to a definition common to both administrative and private law, a meeting of the minds creating a legally enforceable agreement, they are also subject to the principles of binding effect and privity of contracts as stated in the civil code. However, their system is marked out by the difference in the situation between the contracting parties which brings these contracts closer to administrative ones. The party which takes on the major responsibility to provide a service will be granted the enforcement powers commonly vested in a public body whenever a contract links it with a private one. Since general public interest is still at stake, the doctrines of frustration and fait du prince are applicable to them. Nevertheless, contracts between public entities differ from administrative contracts in that the administrative judge of contracts agrees to play a more active role during the performance stage (although he is seldom referred to). Moreover, despite the fact that between the parties, the terms of the contract are not of a regulatory nature, the characteristic of these contracts is to deal with the powers of public institutions which sometimes use them to modify the legal order of their powers, without any specific authority to do so. This is even more remarkable since public institutions' powers cannot be considered as subjective rights at the free disposal of these institutions. Contracts between public institutions are therefore appearing as one of the essential tool to improve our public system
Amilhat, Mathias. "Les incidences du droit de l'Union européenne sur le concept de contrat administratif." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10006.
Full textThe French concept of « administrative contract » is directly subject to the influence of the European Union law. The first guidelines on public procurement were directly inspired by French law. It is only since the late 1980s and early 1990s that the pattern is reversed: now the French concept of administrative contract evolves under the influence of EU law. However, to assess changes faced by French law - and anticipate them - the notion of « administrative contract » proves to be insufficient. In fact, the emergence of a true European law on public contracts and its integration into national law seem likely to lead to a merger or empowerment of the latter. They would inevitably lead to the disappearance of the notion of « administrative contract »
Li, Yingyi. "Des Prérogatives de contrat administratif : comparaisons entre droit chinois et droit français, entre droit administratif et droit contractuel." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020032.
Full textThe theory of prerogatives of administrative contract transplanted from the French administrative law has triggered such a longtime debate in the judicial community that a unified national legislation has been absent even today. Actually, in the French administrative law, composed mainly by Case Law in this domain, there is not only a series of conditions to enforce each prerogative, but also a protective mechanism to keep a financial balance of contract for the final justice. However, based on a preference to the Power rooted from the legal traditions and the political regime of China, combined with certain contemporary facts, Chinese researchers have partially highlighted the former but ignored the latter, leading to the failure of this legal transplant. Actually, as a type of administrative power, the prerogative should not be considered into the proper system of contract composed by the conventional rights and obligations, but refers to the legal authority of administration that should be controlled by the legal responsibility. In addition, it could be considered as the breach of contract too, so that the administrator should take the contractual responsibility based on the Theory of no-fault, on the Relativity of contract and on the Force effect of contract; thus the administrative responsibility hereof could be assumed for the breach of contract, for the quasi-tort out of contract and for the illegality. No matter which pattern would be followed by the future legislation in China, an independent and influential judicial system should be the final protection of all legal systems including the administrative contract
Galbois, Diane. "La notion de contrat : esquisse d'une théorie." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020008.
Full textThe purpose of this thesis is to analyse and clarify what is understood by the notion of “contract”, buried as it is under mountains of doctrinal writings. After a detailed exploration of the general concept, which should enable demarcation of its boundaries with related institutions and give an appreciation of the diversity of contracts and their typology, the aim is to achieve a synthesis of these observations. As the diversity of contracts should not necessarily result in fragmentation of the basic notion, the proposed synthesis will be unitary. Building on the diverse interpretations over the years of the concept of contract (autonomy of the will theory, normative theory...) this thesis, after outlining the concept of contract in both its “voluntarist” and normative aspects, will propose a renewed analysis thereof. The notion of contract will then appear as a complex combination of objective and subjective elements, free of ideological dogma
Borestel-Lill, Jessica. "Essai sur une théorie relationnelle du contrat." Paris 1, 2008. http://www.theses.fr/2008PA010281.
Full textStoffel-Munck, Philippe. "L'abus dans le contrat, essai d'une théorie." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32012.
Full textThe concept of abuse within contracts stands at the jointure of the three major requirements in this matter: ethical considerations; social considerations; reliance on one's words. Dishonesty evokes the concept of abuse. So does the use of freedom of contract either to the detriment of weak people or to the prejudice of the principles governing economic competition. So does also the formal implementation of a clause regardless of its spirit. Nevertheless, they do not point to the same kind of abuse. The concept of abuse by disloyalty concerns solely the human relationship occasioned by contract. This abuse only judges the behaviour the creditor assumed when implementing his rights. It is a simple transgression of the general requirement of good faith which a contracting party must more or less follow depending on the degree of alterity marking the relationship. This civil tort does not undermine the compulsory force of the contract. Intervening when the debitor objects to the very content of the contract rather than to the behaviour of the creditor, the other types of abuse will, on the contrary, deprive a clause of its enforceability. There are two general kinds of them. Abuse of freedom of contract relates to public regulation. Far from any consideration of "social function", it covers under the banner of a judicial public policy the concept of unbalanced clauses as well as the concepts of abuse protecting economic competition. The abuse of prerogative prevents a clause from being implemented in a sense which is indeed litterally correct and yet incompatible with the reasonable purpose of the clause, betraying thereby the spirit of the agreement. Abuse of freedom of contract is subsidiary to this concept. Abuse by disloyalty can come in addition to any of these. Thus, the different abuses recognized by french contract law become clearly distinct and their advantages can be combined. The judicial use of the concept of abuse becomes thereby more foreseeable
Amilhat, Mathias. "Les incidences du droit de l'Union européenne sur le concept de contrat administratif." Electronic Thesis or Diss., Toulouse 1, 2013. http://www.theses.fr/2013TOU10006.
Full textThe French concept of « administrative contract » is directly subject to the influence of the European Union law. The first guidelines on public procurement were directly inspired by French law. It is only since the late 1980s and early 1990s that the pattern is reversed: now the French concept of administrative contract evolves under the influence of EU law. However, to assess changes faced by French law - and anticipate them - the notion of « administrative contract » proves to be insufficient. In fact, the emergence of a true European law on public contracts and its integration into national law seem likely to lead to a merger or empowerment of the latter. They would inevitably lead to the disappearance of the notion of « administrative contract »
Carpi-Petit, Servane. "Contribution à une théorie des successions en droit administratif." Paris 2, 2004. http://www.theses.fr/2004PA020092.
Full textLegal persons may die, just like physical persons. Public persons are no exception to the rule and may either just die or have to be replaced and their mission taken over. But whatever the circumstances, a public person will always leave an estate to pass on. Fundamental rules governing the process appear to stem directly from civil law and usually involve devolution, transmission and disposal. Beyond that, however, the authority in charge of the succession will have to take into account the specificities of public property and more particularly of public domain. Moreover, the choice of heirs may abide by criteria laid down in civil law, fist because public person have non family, hence non legal heirs, also because testamentary successions have traditionally been prohibited in administrative law. One may thus identify two criteria in order to choose heirs when replacements are required, namely similarity of mission and geographical identity. In cases of straight cancellation, the criterium governing the restoration of assets to those who endowed the public person will be enough to see to the succession. Transmission is more akin to civil law, probably because it is merely a technical implementation of the modes of devolution, which does not require to take account of the specificities of public property. Finally, disposal and distribution will take place according to rules that are specific to administrative law and bear no relationship whatsoever with those applicable in civil law. This juxtaposition of rules has given rise to a consistent and specific law which can aptly be labelled as an administrative law of succession
Savaux, Éric. "La théorie générale du contrat : mythe ou réalité ?" Paris 1, 1993. http://www.theses.fr/1993PA010286.
Full textThe french law schools jurists use the words "general theory of contract" to describe the rules of positive law that are applicable to all agreements, when they do so, they actually mistake the general theory for the commonlaqw of contracts and confer upon the former a positivity which is illusory. Indeed, the analysis of the applicatioin of the theory by the same jurists shows that the general theory actually refers to one actvity of texte authorities aiming permanently at finding the nature of the deed. It also refers to the result of this activity. That is to say a scholarly common law which is a coherent set of rules emanating from a a principle related to the nature of the deed. The positivity of the general theory of contract which is usually acknowledged is therefore a myth. Its existence partakes of the whish to create an objective legal science and is also linked to teaching purposes. Moreover, its enables the text authorities to transform law while remaining seemingly respectful of the decisions made by the institutional powers
Forray, Vincent. "Le consensualisme dans la théorie générale du contrat." Chambéry, 2005. http://www.theses.fr/2005CHAML047.
Full textBlough, Rachel. "Le Forçage, du contrat à la théorie générale." Paris 11, 2008. http://www.theses.fr/2008PA111006.
Full textSurachat, Jinda. "L'identification du contrat administratif : étude de droit comparé des modèles français et thaïlandais." Nantes, 2014. http://www.theses.fr/2014NANT4005.
Full textNowadays, the administration resort to contractual process in order to successfully complete its missions for different kind of public action. Nevertheless, not all contract of the administration are administrative contracts. The latter are based on the principle of inequality between the administration and private individuals. It is subject to an exorbitant regime which come under the administrative judge, while the civil contract of the administration is based on the equality of party. It is then necessary to distinguish the different contracts in order to know the relevant jurisdiction, the applicable rules and procedures. In Thailand, we used to apply, for every contracts of the administration, administrative and civil, the rules of civil law. The concept of administrative contract has been recognized only since the creation of the Administrative Court in 1999. There is therefore, a difficulty for identifying contracts, which is not known in French law, where the dualism of jurisdictions system is implanted for a long time. The principle of the administrative contract are more developed and clearer thanks to the Council of State's decisions and legislative texts. In this research, the French law is used as a paradigm for trying to grasp the criterion that make possible the identification, and thereby, the execution of the administrative contract in Thailand
Waked, Rita. "La notion de contrat administratif international à travers l'exemple du contrat BOT (Build, Operate, Transfer) : étude comparée Droit français-Droit libanais." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020005.
Full textGirard, Anne-Laure. "La formation historique de la théorie de l'acte administratif unilatéral." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020074.
Full textAt the begining of the 1880’s, the theory of the « Minister-Judge » continues to maintain the partition of the unilateral administrative acts. The methodology of the Doctrine then in use, contributes to scatter the Administration’s decisions and feeds the fragmentation of the rules. It will take about fifty years to overcome this divesity and to forge a general conception of the unilateral administrative act governed by a unified legal system. In order to picture the elaborating process of the unilateral adminstrative act, the Doctrine and the Judge jointly draw in the subjective conceptual collection. Starting from the end of the 19th century onwards, the logical essence of the unilateral administrative act has been revealed by the traditionnal and proven tools of legal science, ie the Will and the Legal Body. However, the emergence of a unified conception of the Act is not the outcome of a servile use of the materials supplied by the classical legal science. While this tool set has been elaborated for a free subject, acting - in most cases - for its own behalf, the administrativists think over the legal activities of men, acting on behalf of collective bodies, without personal will. The specifics of the unilateral administrative act, then require a significant adaptation work. Innovation succeeds tradition in the conceptualisation of the result of the decision process. Contrary to the Judge, the Doctrine, through objectivism development, pushes back the heritage of the civilists and imagines the effect of the unilateral administrative act through an innovative concept : the legal situation. The Doctrine’s ambition to contain subjectivism also leads to the break up with the german theorists of public law who were the first inspiring masters. The theory of heterolimitation of the State, which replaces the doctrine of self limitation, influences over the conception of the authority of unilateral administrative acts
Chéritat, Véronique. "Les modes d'évolution de la théorie générale du contrat." Orléans, 2004. http://www.theses.fr/2004ORLE0006.
Full textRingler, Solène. "Existe-t-il une théorie générale de l'avant-contrat ?" Toulouse 1, 2010. http://www.theses.fr/2010TOU10079.
Full textUnknown, misunderstood, disliked, the precontract suffers from the evil of misunderstanding in French law. Doctrine, case law, legislator, worry more about its pratical applies than its theorical study. One-sided promises, preference pacts and other preliminary contracts collect henceforth all the intentions and darken inevitably the precontract. And nevertheless ! Only this federative notion allows to understand the contractual progress which leads parties to be bound step by step. The precontract belong to the time which precedes the contract. The revealing of a unitarian conception of the notion presents a major interest, because the precontract comes along inevitably with legal rules giving evidence of the strength of the commitments signed by the parties. The search of a general theory consequently leads to reveal the real legal outlines of the precontract but also its force within the preparatory period to the contract
Rzepecki, Nathalie. "Droit de la consommation et théorie générale du contrat." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30004.
Full textThis thesis deals with relationships between consumer law and general contract theory. With this end, we first ask ourselves the question regarding the existence of consumer law in face of general contract theory in order to exist, consumer law should present itself as a true branch of law, in others words, a true law, an + ensemble ;, instead of a simple grouping of specific rules, a + compilation ;. While a simple grouping of specific rules is the result of common aim, an + ensemble ; is caracterised by a union of this rules into a superior averall law. There is an + ensemble ; when the regroupment is endowed with applied objective criteria and a clear common law. Applied to consumer theory, this distinction only allows us to conclude the existence of a + compilation ;. This conclusion determines the relationships that the special law holds with general contract theory. As there is no + ensemble ;, judges are obliged to turn to general contract theory when special law is incomplete or unclear
Lazzarin, Guillaume. "La personnalité publique dans la jurisprudence administrative." Thesis, Nancy 2, 2010. http://www.theses.fr/2010NAN20011.
Full textRecent years have witnessed a rapprochement between public law and private law. An administrative act is now in case law subjected to the market. Private law logics include the regime of liability and tender agreement. This trend is usually arrested by the privatist doctrine through the analysis of activities under public law. The privatization of public law would respond to a loss of specificity of public service and a dilution of the concept of public interest. However, two findings encouraged to change the way to analyse this: first the sustainability of a judicial dualism and then the distinction between two categories of legal persons, public entities and private individuals. We therefore propose to study interactions between the evolution of administrative case law and the concept of public legal person