Literatura académica sobre el tema "Civil liability (France)"
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Artículos de revistas sobre el tema "Civil liability (France)"
Korotkih, A. "LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES". Social Law, n.º 2 (26 de abril de 2019): 52–57. http://dx.doi.org/10.37440/soclaw.2019.02.07.
Texto completoTaylor, Simon. "Extending the Frontiers of Tort Law: Liability for Ecological Harm in the French Civil Code". Journal of European Tort Law 9, n.º 1 (3 de mayo de 2018): 81–103. http://dx.doi.org/10.1515/jetl-2018-0102.
Texto completoLee, Dong-Jin. "Hospital’s Organizational Duty: Civil and Criminal Liability". Wonkwang University Legal Research Institute 28 (31 de diciembre de 2022): 31–59. http://dx.doi.org/10.22397/bml.2022.28.31.
Texto completoRosembuj, Flavia, Matthias Berger, Karen Aitchison, Amel Al-Shajlawi, Bob Martens, Els Empereur, Bruno Kern y Dominique Vienne. "Environmental Risks on Acquiring a Company in Possession of Contaminated Land". European Energy and Environmental Law Review 8, Issue 7 (1 de julio de 1999): 201–7. http://dx.doi.org/10.54648/eelr1999030.
Texto completoBeran, Karel y David Elischer. "Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law?" Review of Central and East European Law 44, n.º 1 (28 de marzo de 2019): 58–90. http://dx.doi.org/10.1163/15730352-04401003.
Texto completoABOLHASANI, Hamid, Alireza Enteziri y Saeed Shariati. "A Comparative Study of the Multiplicity of Causes in Civil Liability in Cyberspace in Iranian and Russian Law". Право и политика, n.º 7 (julio de 2023): 1–17. http://dx.doi.org/10.7256/2454-0706.2023.7.40945.
Texto completoNästega°rd, Emil. "The Tort Liability of CRAs in Europe and the Need for a Harmonized Proximity Requirement at the Union Level". European Business Law Review 31, Issue 5 (1 de septiembre de 2020): 799–818. http://dx.doi.org/10.54648/eulr2020030.
Texto completoHornyák, Zsófia y Roland Lindt. "Liability rules protecting waste management in the light of the right to a healthy environment". Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 18, n.º 35 (18 de diciembre de 2023): 31–48. http://dx.doi.org/10.21029/jael.2023.35.31.
Texto completoBoskovic, Olivera. "A RESPONSABILIDADE CIVIL DAS EMPRESAS GIGANTES DA INTERNET". Law, State and Telecommunications Review 12, n.º 1 (16 de marzo de 2020): 159–86. http://dx.doi.org/10.26512/lstr.v12i1.30003.
Texto completoSage, Yves-Louis. "Reinforcing the Rights of the Victim in the French Law on Civil Liability". Victoria University of Wellington Law Review 28, n.º 3 (1 de junio de 1998): 543. http://dx.doi.org/10.26686/vuwlr.v28i3.6060.
Texto completoTesis sobre el tema "Civil liability (France)"
Vianna, Goncalves Raphael. "Exploitation offshore d'hydrocarbures et responsabilité civile : droit comparé : Brésil, France et Etats-Unis". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010271.
Texto completoThe current situation of the rules governing the liability of the entrepreneur for environmental damage caused by offshore oil exploration and by the transportation of this product by oil tankers, shows that the legislator is more concerned with environmental health issues. However, there are many gaps in national legislations that can lead to considerable legal uncertainty for the responsible parties. While, at the same time it does not provide adequate protection for the environment and to human beings. The comparative study of legals systems shows the importance that countries that are exposed to the dangers of oil spills, especially those exploiting oil in the sea, to have a special indemnisation fund to guarantee and facilitate environmental restoration and payment of compensation to victims. Besides protecting the environment and citizens' rights, the fund also offers the possibility of applying the defenses of liability and limitation of liability. The funds would be used to cover the losses beyond the limit of liability of the responsible partie or when the responsibility for the accident is ruled out by a liability defense cause
Cely, Rodriguez Adriana Maria. "Les fondements de la responsabilité civile des dirigeants des sociétés : étude franco-colombienne". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020039/document.
Texto completoWithout addressing a full comparative approach that would lead to use stricter methods for comparison, this work explains the current state of the French legal system and comments on that of the current Colombian laws. What benefit is there be to conduct a study of French law affected by Colombian law comments? The objective is purely academic. It has been done to inform the Colombian jurist on individual aspects existing in a foreign legal system which has been a guide and a base of inspiration for the Colombian nation-state since its foundation.The two nations are close on the legal dimension. The law of civil liability of corporate directors does not escape this fact. The Civil liability of officers remains based on the fault, but it has experienced some adaptations. With regard to professionals of the management of companies, the liability is increased; the range of errors has gone up.The professional is treated by the law in a manner more stringent than the common individual. The existence of professional indemnity is claimed in this study.The current system existing in both countries was also complemented by new sources, justified by globalization, such as the principles proposed by the doctrine of Anglo-Saxon corporate governance. In addition to internal sources of civil liability law, the theoretical foundations of the civil liability for corporate executives is fed by international sources, thus the stronger influence makes its marks within a global phenomenon which seeks that the trade does not stop only at the economy or finance levels, but also at the Legal
Cérèze, Constance. "La responsabilité des parents du fait de leurs enfants du XVIe au XIXe siècle". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020025.
Texto completoThe history of parents’s responsibility between the XVIth and the XIXth century is the history of the progressive acceptance of this institution during the three centuries before the French Revolution, its official recognition by the civil Code in 1804 and its denial at the end of XIXth century. The difficult admission of the responsability of the parents for their children is due to the penal law which is the origin of the civil liability. At the time when our study begins the penal law refuses to charge the children below a certain age and to charge the parents for something done by their children. Despite of that some local custums admit the civil liability of the parents for their children. During the three centuries before the French Revolution this responsability is progressivly accepted due to the better formulation of a general principle charging everybody to pay the consequences of their failures, to the wider allowance of the link between the fault commited and the loss resulting form this fault and at last to the moral of education enhancing the link between the parent’s education and the children behaviour. The responsability of the parents for their children is definitly recognized by the civil Code in 1804. At this stage this principle is the warantie and punishment of the strong paternal power. It is also its specific application of the law charging everybody to pay the consequences of his fault, even the fault in what he has simply neglected or failed to do. The first part of the XIXth Century is the summit of this institution. Both the rejection of a strong paternal power and of the objective fault has caused the rejection of our institution at the end of the XIXth Century
Ferhaoui, Boualem. "Le dirigeant de société : statut et responsabilité. Droit français et droit algérien". Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0093.
Texto completoThe law has not provided an accurate definition of the notion of a company manager. In an attempt to determine who within the company has the status of company manager, doctrine and case law have tackled the issue, and two criteria for such determination have been adopted, namely the performance of two powers of management and representation in the company. These two criteria also allow us to distinguish the concept of the company manager from a few related concepts such as the head of the company and the employer.The legislative vacuum regarding the definition of the notion of company manager excludes the existence of a true unified legal status of the company manager, whereas, on the contrary, there is a plurality of statutes due to the different treatment reserved by law for managers of companies of different corporate forms. In an attempt to assess the status of the company manager, the doctrine and case law have defined the link between the manager and the company he or she manages. Thus, the development of the status of the company manager was at the heart of an overall development in company law. Indeed, for more than a century, the company manager has been considered as the company's representative, due to the contractual analysis of the company, before being qualified as a company body, following the development of the institutionalist theory of the company. However, although these analyses enable the condition of company managers to be assessed to a large extent, they prevent an objective and unified analysis of the condition of company managers. Thus, a new concept has been developed in doctrine and endorsed by case law examines the status of the company manager on the basis of the specific nature of his or her functions, by describing the company manager as a true professional.As with the issue of the legal status of the company manager, the nature of his or her civil liability has been the subject of controversy in doctrine, sustained by case law that has not settled the issue conclusively. Indeed, while for the proponents of the director-representative theory, the civil liability of the company manager towards the company and the partners is contractual in nature, the proponents of the body theory, who deny any contractual link between the manager and the company or the partners, qualify this liability as tortious. However, the professionalization of corporate functions has led to the adoption of a typical liability regime, which considers the specific nature of the functions of the company manager. Thus, the liability of the company manager can only be referred to as professional.The specific nature of the civil liability of company manager is also apparent in his or her functions. Indeed, while conventionally civil liability has as its main objective the compensation of victims of harmful acts. The civil liability of a company manager fulfils a triple role. In the first instance, it provides compensation to victims of harmful acts committed by the company manager (the reparative function), but it also sanctions the wrongful behavior of the company manager (the repressive function), while defining in negative terms the standards of behavior to which the company manager is bound (the normative function)
Stancu, Radu. "L'évolution de la responsabilité civile dans la phase précontractuelle : comparaison entre le droit civil français et le droit civil roumain à la lumière du droit européen". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA025/document.
Texto completoThe thesis finds its main purpose in the study of the recent evolution of French and Romanian civil law of liability during the pre-contractual period. We favored a comparative approach between national rights, in the light of European laws. During the pre-contractual period, the parties are free to negotiate as they please, as long as they do not cause damage to their partner. A bond is created between the parties and it can only be broken in accordance with the principle of good faith. We noted that the basis of liability is fairly controversial and varies from one legal system to another. Indeed, the civil liability is balances between legal security, private autonomy and freedom of contract. In summary, the pre-contractual phase has experienced profound transformations in its evolution. At the time of European harmonization, or even globalization, French and Romanian law undergo modifications in order to clarify the most complicated rules, in particular those relating to pre- contractual civil liability
Dubois, Charlotte. "Responsabilité civile et responsabilité pénale : à la recherche d'une cohérence perdue". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020066.
Texto completoStudying two separate disciplines, such as Civil and Criminal liability, it would not be expected to find any interactions between them: Civil Law repairs the damage caused to private interests; while Criminal Law punishes, thereby ensuring public interests. These differences in purpose justify a hierarchy of disciplines resulting in the supremacy of Criminal Law over Civil Law. However, it will be shown that the legislature and the judge are going in the wrong direction by considering that there is a difference of degree between Civil Law and Criminal Law where there is actually a difference in nature. This incorrect assumption has given rise to a widespread confusion where each discipline takes ownership of the considerations of the other: Civil Law becomes punitive, while, at the same time, Criminal Law becomes increasingly compensatory. The present work aims to denounce a double danger: first, Criminal Law abandons its protective function of public interests when it attempts to repair purely individual damages; second, a punitive Civil Law, detached from the fundamental safeguards that are attached to criminal matters, may prove to be a threat to individual freedoms. This cross-movement between the two disciplines jeopardizes the consistency of their respective systems: reciprocal influences must be revealed in order to better understand the weaknesses of legal liability and to propose remedies that ensure a consistent and complementary arrangement of legal rules
Chu, Huu Thang. "Effets du contrat d'entreprise : comparaison franco-vietnamienne". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020033/document.
Texto completoThe thesis examines the comparison of the effects of the contract of enterprise in Vietnamese law and French law. Within the special contracts, in a world of greater economy of services, the contract of enterprise plays from now on a major role with various operations. It would be with a ruddy complexion, because most of the services can steal into the legal mold of the contract of enterprise, thus that are concerned craftsmen, artists, medical services, liberal professions, etc. Synallagmatic, the contract of enterprise engenders mutual obligations chargeable to the contractor and the owner. The study allowed to point out the obligations that constitute the common rules of the contract of enterprise and, to notice that the obligations following the contract of enterprise are specific because of the particular aspects of this agreement.The particularities are undeniable with respect to the main and secondary obligations of the contractor towards his owner and on the contrary. Both parties should be sanctioned by the non-fulfillment of the contractual obligations and to be exempted from the responsibility by justifying the causes of exemption. Comparative studies of these particularities in French law and in Vietnamese law will allow to notice the similarities and the differences between both legal systems. The two countries are close on the legal plan. Thus, the conclusion that emerges is that certain provisions of the French law could usefully inspire the Vietnamese legislators and vice versa
Vingiano, Iolande. "Obligation de sécurité et alea : étude du risque issu du manquement à l'obligation de sécurité dans les assurances de responsabilité civile pour les professionnels". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1073.
Texto completoThe " obligation of safety " punish diverse behavior striking a blow at the physical or mental health of others. At the same time, the insurance would favor the feeling of safety, the third-party insurance of the professionals guarantees the debt of civil liability contracted by the insurant towards a third. The question is to know if it is possible to guarantee in a satisfactory way the risk stemming from the neglect in the obligation of safety in the insurance contracts of civil liability of the professionals.If the "big principles of the right of the insurances" impose a statistical study of the risk subjected to the assurance, a legal study of the risk is indispensable because only an objective conception of the insurable risk allows to determine if the hazard that must preexist before the insurance contract is protected.Afterward, the subjective study of the risk stemming from the neglect in the obligation of safety will require to determine the influence of the behavior of the insurant on the unpredictable event guaranteed by the insurance contract of civil liability of the professionals. The identified risk will allow to observe the area of the guarantee of assurance at present proposed in insurance contracts. If the guarantee in the time and financially is not satisfactory, the intervention of auxiliary mechanisms in the assurance could be an alternative for the compensation of the victims most seriously affected by the realization of the risk stemming from the neglect in the obligation of safety
Thomas, Arnaud. "L'indemnisation de l'impayé". Electronic Thesis or Diss., Paris 10, 2023. http://www.theses.fr/2023PA100152.
Texto completoThe creditor of a sum of money may be deprived of payment through the fault of a third party. These can happen under many circumstances. For example, the creditor may have asked a third party to take action to recover the debt, and that third-party may have failed to carry out its obligations. On the other hand, the third party's action may be entirely unsolicited but still interferes with the debt collection process. In either case, the creditor who has been deprived of payment may seek damages from the third party whom he holds liable for his unpaid claim.There is a considerable amount of litigation in this area, particularly against legal professionals. However, there is no legal framework governing the compensation of creditors who have been deprived of payment through the fault of a third party. Sometimes referred to as the loss of the claim [“perte de la créance”] or the loss of the chance of payment[“perte de chance d’un paiement”], the damage that the creditor of a sum of money might suffer is not clearly identified. As a result, courts and academic writers have been rather hesitant as to the amount of compensation to be paid to the creditor by the third party and whether such compensation should depend on the exhaustion of all means of recovering the debt.A proposal for a new identification of the damage, suffered by the creditor of a sum of money, thus tends to give rise to a clearer legal framework.The purpose of this dissertation is also to shed light on the specific system of compensation for creditors of the same debtor who is subject to bankruptcy proceedings. Indeed, French courts have created a mechanism of collective compensation for creditors in the event of a fault attributable to a third party. However, this mechanism has proved to be inconsistent and ineffective. This current mechanism could be replaced by a new system of individual compensation for creditors at the request of the bankruptcy Trustee.This dissertation thus examines, and proposes to amend, the issue of compensation for unpaid debts both from a general perspective and in the context of the debtor's bankruptcy proceedings
Vu, Van Tinh. "La responsabilité civile des dirigeants de société anonyme en droit vietnamien. Regards croisés avec le droit français". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020009/document.
Texto completoThe thesis examines the personal liability of public limited companies directors in Vietnamese law and French law. This is the first academic literature that addresses the current rules on the civil liability of directors of limited companies in Vietnamese law. What benefit is there be to conduct a study of Vietnamese law affected by French law? The two countries are close in law. The law of civil liability of corporate directors does not escape from this fact. Liability of director remains based on fault, but it has experienced some adaptations. The existing system in each country was also supplemented by new sources which are justified by globalization process. French law is then very rich jurisprudential illustrations while Vietnamese law is purely theoretical and characterized by new concepts borrowed from the corporate governance doctrine of common law. Thus, the conclusion that emerges is that some provisions of French law could usefully inspire the Vietnamese legislator and vice versa
Libros sobre el tema "Civil liability (France)"
Olivier, Descamps. Les origines de la responsabilité pour faute personnelle dans le Code Civil de 1804. Paris: L.G.D.J., 2005.
Buscar texto completoWhittaker, Simon, Stephen Weatherill, Birke Häcker, Mark R. Freedland y Jean-Sébastien Borghetti. French Civil Liability in Comparative Perspective. Bloomsbury Publishing Plc, 2019.
Buscar texto completoWhittaker, Simon, Stephen Weatherill, Birke Häcker, Mark R. Freedland y Jean-Sébastien Borghetti. French Civil Liability in Comparative Perspective. Bloomsbury Publishing Plc, 2021.
Buscar texto completoBussani, Mauro, Anthony Sebok y Marta Infantino. Common Law and Civil Law Perspectives on Tort Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195368383.001.0001.
Texto completoCapítulos de libros sobre el tema "Civil liability (France)"
Andreu, Lionel. "The Law Applicable to Autonomous Cars Driving in France". En Autonomous Vehicles and Civil Liability in a Global Perspective, 321–44. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-41992-8_13.
Texto completoSantos Silva, Marta. "§ 4 General Remarks on the Non-Contractual Liability Regime Arising Out of Damage Caused to Another in the Portuguese Civil Code". En The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts, 101–37. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-52923-3_4.
Texto completoBussani, Mauro, Anthony J. Sebok y Marta Infantino. "Products Liability". En Common Law and Civil Law Perspectives on Tort Law, 213–48. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195368383.003.0008.
Texto completoThierry, Bonneau. "Part III Civil Law Legal Systems, 5 France". En Liability of Financial Supervisors and Resolution Authorities. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198868934.003.0005.
Texto completoHarlow, Carol. "France and the United Kingdom". En Tort Liability of Public Authorities in European Laws, 302–9. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.003.0016.
Texto completoBussani, Mauro, Anthony J. Sebok y Marta Infantino. "The Place of Tort Law". En Common Law and Civil Law Perspectives on Tort Law, 1–20. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195368383.003.0001.
Texto completoRouas, Dr Virginie. "France: Untapping the Potential of Civil Liability to Remedy Human Rights Violations". En Civil Remedies and Human Rights in Flux. Hart Publishing, 2022. http://dx.doi.org/10.5040/9781509947621.ch-008.
Texto completoCossart, Sandra y Lucie Chatelain. "Human Rights Litigation against Multinational Companies in France". En Human Rights Litigation against Multinationals in Practice, 230–53. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.003.0009.
Texto completoGordley, James. "The Structure of the Modern Civil and Common Law of Torts". En Foundations of Private Law, 159–81. Oxford University PressOxford, 2006. http://dx.doi.org/10.1093/oso/9780199291670.003.0009.
Texto completoRowan, Solène. "The Genesis of the New French Law of Contract". En The New French Law of Contract, 1—C1.N53. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198810872.003.0001.
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