Tesis sobre el tema "Civil liability (France)"
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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
Elatrag, Nagia. "L’obligation de sécurité à la lumière du développement de la responsabilité contractuelle et son application sur les produits de santé : étude comparée entre le droit civil français et le droit civil libyen". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1061.
Texto completoThis thesis focuses on the safety obligation regarding contractual liability in the light of French law and Libyan law. Research tends to answer the following questions: What is safety of medical products? On what legal basis can we justify that obligation? What are the difficulties in applying this requirement to address issues of health products? What is the health products? The law and civil liability Libya is it perfectly suited to the protection of the victim of health products as in the French liability law? This questioning has led the author to develop a thorough analysis of the safety obligation by way of contractual liability and health law French and Libyan. In the first part of the thesis, we see that the notion of bond security, including with respect to contractual liability, has experienced a major change from the time before. In fact, the emergence of the concept of safety obligation is old since it was founded in France 21 November 1911 at the contract of carriage. It can be defined as "the obligation to ensure the safety of any person or property which may be an obligation of result or means." Some codes of Near Eastern world have adopted the resolution that the French Supreme Court has taken in 1911 in the transportation of persons, such as Egypt and Lebanon. In 1956, the Appeal Court in Alexandria has complied with the requirement of safety in the transportation of persons. Similarly, in Lebanon in the Code of Obligations and Contracts provides in Article 688 that the contract of carriage of persons is the responsibility of the carrier's obligation to lead the traveler, unharmed, to the destination
Guiziou, Hélène. "La réparation du dommage : contribution à l’étude de la hiérarchisation des intérêts". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0008.
Texto completoAt the core of French civil liability, the principle of equivalence sets that no difference ought to be made between different kinds of losses. From physical injuries to intangible damages, such as pure economic losses, all kinds of losses should be awarded compensation under the same conditions and fully compensated. Yet, since the end of the XIXth century, mostly moved by the will to grant compensation more easily to victims of physical damages, both legislation and case law have created a myriad of no-fault liability regimes and established various compensation funds, dedicated to the victims of socially conditioned harmfulevents. As a result, civil liability suffers an identity crisis. Fault liability, which was at the core of the Civil Code, is fading and civil liability has become highly dependent on insurance and compensation funds. The rules that frame reparation, such as the full compensation principle, first aimed to compensate material damages, do not easily apply to personal injuries. While it used to be the only mean to transfer the burden of damages, concurrent institutions now surround civil liability : Social security, insurance and compensation funds. This erratic construction leads to significant disparities between the victims of similar losses, as the compensation rules are still mostly based on the nature of the harmful event. Would the introduction of a hierarchy of interests, setting marked priorities between the different kinds of losses, remedy the inconsistency of civil liability ?
Gilson, Anne. "Mandat et responsabilité civile". Thesis, Reims, 2013. http://www.theses.fr/2013REIMD002/document.
Texto completoIn modern times, mandate is subject to professionalization and diversification. It is now at the heart of business: bankers, businessmen, entrepreneur, ... use it to boost their business. The mandate presents itself as a contract primarily for the benefit of the principal.However, the study of the relationship between the mandate and liability shows that the importance of the benefit derived by that character is overshadowed by the danger would be for an individual, the management of its affairs by others. Specifically, the positive law and doctrine tend to severely assess the responsibility of the agent, both in respect of principal in respect of third parties. There is therefore a gap between the legal approach and the practical reality of mandate between profit and risk. If the first alternative is justified, the second is more problematic. Indeed, under the altruistic specific mandate, one might ask to what extent the client that takes advantage of the economic activity of the agent can be held liable for any damages suffered not the third party
Sebe, François. "Essai sur l'effectivité du droit de la représentation collective dans l'entreprise". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020064/document.
Texto completoThe issue of sanctions is critical when is opened the debate on the effectiveness of employee representation rules in the company. Aiming at protecting the core values of society, criminal law should be reserved for infringements of the prerogatives of employee representation bodies which are fundamental. For the rest, there are sanctions , administrative or civil, more effective. Still, the only restriction of the criminal field is not sufficient to guarantee the effectiveness of employee representation rules. Some substantial and “organizational” answers relating in particular to the definition of a major criminal policy, the revision of the division of responsibilities in the company and the search for renewed criminal sanctions seem necessary. Beyond the repressive way, others deserve to be explored. The application of employee representation rules must be guaranteed by tools rather preventive than repressive and without any involvement of any judicial authority. The extra-criminal policy leaves a large place to the preventive function of labor inspection which should help companies by using new methods of support and assessment. The definition of a corporate social policy, through the conclusion of a single agreement on staff representation, is legally adequate to ensure the effectiveness of the rule by taking into account the specificities of each company
Ugo, Émilie. "Préjudices environnementaux et responsabilité civile". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1087.
Texto completoThe scientific conclusion is clear: we are experiencing a global environmental crisis and endemic. Moreover, we are not aware that most of the environmental damage proceeds from human activities, including exploitation activities dangerous to the environment. Private persons are directly concerned. Yet the study of positive law makes clear that our traditional civil liability mechanisms do not respond appropriately to the specificity of environmental damage, including the need for prevention. Our thesis project is to go beyond current legal gaps and inconsistencies in order to identify a suitable system of civil liability. To do this, it is imperative to engage in a process of conceptualization of environmental harm. Indeed, this preliminary approach throws new update existing imperfections and reveals the full potential of the law of civil liability. In this perspective, our work tends to show that the conceptualization of environmental damage must be "unitary". To be more precise, the "unitary concept of environmental damage" is based on two complementary approaches. The first reveals the existing unity between environmental damage and man. As for the second, it supports a broad definition of environmental damage in terms of environmental risks caused by hazardous activities. This approach is all the more virtuous it encourages and justifies the deployment of the system of civil liability in the matter
Al, Otoum Naeem. "L'indemnisation des victimes des accidents de la circulation : analyse du droit jordanien à la lumière du droit français". Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1007.
Texto completoUntil the enactment of the so-called loi Badinter of 5 July 1985, the compensation of traffic accident victims was governed in France by the general principle of liability for the action of things developed by French case law on the basis of article 1384, paragraph 1, of the French Civil Code. The 1976 Jordanian Civil Code includes a principle of liability for the action of things inspired by the French model. However, this principle is not applied by Jordanian courts in the field of traffic accidents, in spite of the fact that there is no law in Jordan similar to the loi Badinter of 5 July 1985. Hence, compensation in cases of traffic accidents is still governed in Jordan by general rules of tort law which govern liability for one’s own actions and by a 2010 law creating a compulsory motor insurance scheme, which protects victims of accidents resulting from the use of motor vehicles. In accordance with these rules, the compensation’s debtor or her/his insurer is authorized to put forward the victim’s own harmful action, disregarding its seriousness. As a result, the victim’s right to full compensation ifs often reduced or even withheld
Duchange, Grégoire. "Le concept d'entreprise en droit du travail". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020007.
Texto completoIn Law, the firm is the result of a complex amalgam of legal concepts (employment contract, legal personality, collective representation of workers, etc.). The systematic ordering of these ones is needed to perceive the coherence of the legal organization of that one. Guidelines emerge. Employment contract is the meeting of two parties whose interests are antagonists. But the release of the labor force of the employee, part of his person , and the sustainability of the contract require them to cooperate. This trend is reinforced by some mechanisms non implied by the nature of the employment contract. Are shared the control of the company (which involves the collective representation of workers) and of its benefits. Employees then become nearly considered as the stockholders are. The legal structure of the firm , however, is not fixed by dogma. Competing ideologies are shaping it. Some focus on purposes. The company is alternately used as a means for employment and for the will of the enterpreneur. Others focus on methods. Lawyers and economists try to organize the firm scientifically
Tijani, Abdelmajid. "Le secret professionnel en droit marocain et en droit comparé". Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0013.
Texto completoProfessional secrecy is a concept that has known unprecedented success in most countries worldwide. It has been generalized to all professions and areas such that it has become an indispensable tool for all sectors. For this reason, the legislature has placed professional secrecy on a privileged level of the legal arsenal. Our Positive Law, drawing on the laws of democratic countries, lays down special rules applicable to the obligation of professional secrecy. Indeed, Article 446 of the Moroccan Penal Code establishes the general principle of confidentiality. It imposes on professionals a general obligation not to disclose customers’ secrets to the public. This legal obligation relates to public order; from which we cannot derogate. The implementation of the general rule of professional secrecy allows exceptions in certain cases expressly and restrictively defined by law or expressly provided by parties in their agreements. These obligations are generally drawn up for administrations, administrative and judiciary authorities, communities, government departments and agencies. Apart from these legally prescribed and limited cases which authorize disclosure of professional secrets, thereexist other instances which permit the lifting of such secrets, without, however, engaging the liability of the confidant.This could be applicable to the infraction of money laundering and to the field of new information and communication technologies, commonly called the Digital Domain. The violation of professional secrecy by an agent of the Administration entails the execution of penal sanctions and, eventually, civil penalties, without prejudice to disciplinary sanctions forviolating professional secrecy
Hadi, Mohamed. "La responsabilité civile du fait des produits défectueux : comparaison franco-irakienne". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D011.
Texto completoThe defect of product is considered the most issues that preoccupy the legal scientist, which keep causing harms of not only to the individual himself but it effects his family members as well and may extend to his progeny. Accordingly the current legislations throughout Europe including France has put in place a directive to treat the harmful effects of products. Despite the importance of this directive the need remains present for modification in its rules on the one hand, also we need a reviewing by the European Court on matters which were not explicitly mentioned by that directive in another hand. Unlike the French law, the Iraqi law is suffering a weakness of facing this issue that caused by the negligence that has been inflicted his laws and its own circumstances which led to not adopt a special system to treat the harms that emerged by the product defects, as well as the Iraqi judiciary at least has not been able to reduce its effects. This study, and with inspiring of French judiciary, attempted to experiment the possibility of the general legal rules to cover the harms caused by product defects through providing a new study which may contribute to understanding some aspects of the issue, to be pending a legislative intervention that could provide a comprehensive solution
Viney, François. "Le bon père de famille et le plerumque fit : contribution à l'étude de la distinction des standards normatifs et descriptifs". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010315.
Texto completoBonus parter familias and plerumque fit are two judicial standards, frequently used by judges. While the first one can be found in legal dispositions of the Code Civil and constitutes the criterion for appreciate the fault of an agent in situation, the second one can be found in some acient adages, and plays a role in every juridical reasoning. The juridical discourse often merged them, but they should be distinguished : the bonus pater familias express what "should be", while the plerumque fit is a way to reconstruct what "that is". Then, the purpose of this study is to explain the causes and the consequences of the method they're, each of them, referring to
Grundeler, Guillaume. "L'investissement : étude juridique". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1059.
Texto completoInvestment is a relatively new legal concept. Some years ago, the term was only used within the foreign investment regulations. Back then, investment was mostly happrehended through other legal concepts, such as capital contribution or capital movement. Since then, however, the concept of investment has largely entered the legal vocabulary. For instance, it turns out that, in the French legal order, the existence of an investment makes the conclusion of a long duration contract possible. Besides, it may also be noted that, in the international order, the jurisdiction of an arbitral tribunal established under the aegis of the ICSID is limited to the disputes that arise out of an investment.Such a phenomenon has unfortunately brought on various inconsistencies. Thus, the term appears to be used in ways that sometimes make its meaning overly wide, as in securities law, in which investment refers to all kinds of operations related to financial instruments. Similarly, in matrimonial property regimes, what the French Cour de cassation calls "investment spending" includes all real estate spending. Sometimes, on the contrary, investment is still being apprehended through other concepts that are the simple reflection of that very concept. Therefore, the purpose of this dissertation is to establish some consistency in the use of the term investment by proposing a legal definition of the concept and outlining some elements of its regime
Grevet, Alexandre. "Pour une réforme de la solidarité du dirigeant au passif fiscal". Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED060/document.
Texto completoJoint liability is a recurrent feature of tax law. It is essentially a civil law mechanism which is closely bound to the means of recovery available to the revenue authorities. With respect to the company director, his “financial liability” or “joint pecuniary liability” currently depends on a court ruling. Two items of legislation provide for the director’s liability according to whether the matter is being heard before the civil courts (Article L. 267 of the LPF tax code) or the criminal courts (Article 1745 of the CGI tax code).Although those two provisions are independent from one another since they have neither the same legal basis, nor the same purpose and the person bringing the action is different, it is appropriate to question their respective scope, underline their pitfalls and present avenues for reform of the corporate manager’s joint liability for tax liabilities.The aim is both to make the revenue authority’s action for recovery more effective and to secure the corporate manager’s rights. The current situation requires pragmatism, for recovering tax liabilities resulting primarily from VAT and for suspending joint liability for intentionally causing tax liabilities from the time of the procedure of the determination of the tax base
Laroche, Hélène. "Les concours de responsabilités civiles". Thesis, Tours, 2014. http://www.theses.fr/2014TOUR1001/document.
Texto completoShared liability occurs when several liability regimes apply to the same litigation and may respond to a plaintiff’s request for compensation. The exponential growth of liability rules since the 19th century has caused the phenomenon of shared liability to increase at the same rate. Indeed, the greater the number of rules, the greater the risk they overlap. Their structure, which can sometimes appear confusing, leads to legal uncertainty for both the litigant and his counsel. The judge, rarely helped by the legislator, may sometimes find it difficult ruling how liability should be shared as he does not have a reliable method to fall back on, thereby rendering sometimes unforeseeable and seemingly unjustifiable decisions. It is therefore tempting to do away with liability rules and rebuild a more organised system. So a more reasonable and efficient approach has been retained by decreeing conflict-of-law rules that can resolve any combination of liabilities. The price of legal certainty thus lies in a method preserving the heritage of French liability law, while ensuring that the different standards match
Jiang, Ying. "Étude comparée de la responsabilité délictuelle du fait d’autrui en France et en Chine". Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2005/document.
Texto completoThis study is about a comparison of vicarious liability in French juridical system and in Chinese juridical system.In first part of this article, a more micro-vision, it is analyzed case by case of specific vicarious liability in two judicial systems. It is precisely about the acts of minors (the liability of parents in French law and liability of guardians in Chinese law, also the liability of teachers in French law and liability of school in Chinese law), the liability of employers and masters in two juridical systems and the general vicarious liability that is accepted particularly in French law, while the latter is different in Chinese law.The second part of this article concerns a whole vision and proposes a study of internal relations of two systems between different hypotheses of vicarious liability, and also an investigation of external relations of this system with the personal responsibility of “common law” and the mechanisms of collective compensation.However, of this mechanism applied at two systems, analysis reveals a common disadvantage: a lack of harmonization. In this aspect, considering the precondition of avoiding doing harm to particularity of each case of figure, the study tries to restore coherence both “internal” relations in systems of vicarious liability and “external” relations with other systems
Brunet, Jean-Philippe. "La garantie des constructeurs en droit Franco-Québécois : perspective pour un modèle européen". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1068.
Texto completoThe comparison between civil law systems and, more particularly, between the Province of Quebec and France, allows to confront diverse experiences in favor of the European Union's construction. The comparative method can, in a regulating approach, allow to realize a real common integration in such area as the construction, in favor of the citizens. In a perspective to innovate the legislation, it would be therefore a matter of modelling coherent legal structures for a real European Union of the construction. The participation of the builders in the debates is required, to facilitate the integration and the application of the future common standards with the support of a new European institution devoted for this mission.But how respect the national diversities, while seeking to set up a "unionist" principle keeping in mind the goal of full harmonization of the legal warranty periods settled down by the Member states of the European Union ? The very wide diversity of legal warranty periods in the construction's sector is an issue of real concern within the European Union to give rise to the new European model, a future source of stability and prosperity
Minet, Alice. "La perte de chance en droit administratif". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020004.
Texto completoFor several years, loss of chance has interested administrative judges and legal writing in public law. The former, who have widely developed its area in law of administrative liability, have changed the method of compensation of this instrument, by using the example of private law. The second has tried to identify the justifications of the use of loss of chance by using the uncertainty of prejudice and the one of causal relationship. But the analysis of jurisprudence shows that, despite the diversity of risks justifying the use of loss of chance, this is in keeping with a unique scope which is characterized by causal uncertainty. The variety is to be found elsewhere, at the stage of compensation. According to the selected method – the all or nothing approach or proportional compensation – the face of the loss of chance changes. It sometimes forms a presumption of causation, sometimes a prejudice, and so overcomes the causal uncertainty in two different ways. The current hesitations of administrative judges prove that it is difficult to choose between one or the other of two methods of compensation, and therefore, between the two instruments which are linked to them. However, the type of risks which underlies the use of mechanism can give a key to repartition of these two methods of compensation
Knetsch, Jonas. "Le droit de la responsabilité et les fonds d'indemnisation : analyse en droits français et allemand". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020048/document.
Texto completoThe increasing importance of compensation funds in French law and in other legal systems calls for a research study on this topic. The analysis of the scope and legal technique as well as the identification of the political aims behind those alternative compensation schemes reveals two categories: on the one hand, retrospective compensation schemes are introduced to manage the consequences of mass damages; on the other hand, the establishment of prospective funds remedies the gaps in tort law to facilitate the compensation of certain types of individual damages. In spite of similarities with Social security and private insurance, compensation funds form a unique compensation technique and can be held as the key element of social compensation, a concept which has been developed by German scholars and can explain the shifts between private and public compensation schemes as well as the diversity of fund regulations. However, a comparative approach of compensation under a fund regulation and a tort law action before the courts reveals a need for legislative adjustments in order to develop the full potential of alternative compensation schemes. A simplification of conflicts between different compensation funds and a better coordination with tort law actions have to be achieved to insure a coherent integration into the existing legal system
Ursini, Carine. "Le corps de la personne au travail selon le droit social". Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22020/document.
Texto completoThe industrial revolution of the nineteenth century saw the creation of large factories, leading to a change in the living and working conditions for the proletariat, whose working conditions were more difficult than we could imagine today. Worker's health became an economic and political issue of great importance. The State, therefore, passed guardianship legislation to protect workers' health: the industrial legislation become labor law, a subset of broader social laws. The labor law provided a balance between the actors of labor relations. It was essentially a law compromise for the purpose of pacification of social relations, a social compromise between the interests of business and those of employees. "Social law", which incorporates both the labor law and the social welfare law, is composed of laws to protect and rules to govern awards for damages for injuries incurred in the workplace. The working man has long been considered a production machine viewed only from a mechanical point of view, but the body is the substratum of the person; it is not a thing. A person is protected under criminal law and civil law, not property law; what we now call fundamental rights and freedoms. In today's workforce, productive activity is much more diverse than in the Nineteenth Century. Social and labor conditions have evolved, as has labor law. Occupational hazards are different and the working man, considered as a whole person, may suffer damage to his physical and mental health. If labor law continues tries to encourage capital gain and workforce safety at the same time, how effective are the regulations that are in place to protect workers from physical harm. Workplace injuries and illnesses will occur, so it becomes important to know the tools of french positive law created to insure reparations in the instances
Leveneur-Azémar, Marie. "Etude sur les clauses limitatives ou exonératoires de responsabilité". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020041/document.
Texto completoLimitation and exclusion clauses constitute a very common practice in many areas. Although they are more often used in the contractual field, these agreements can also change tort liability of a potential tortfeasor who would already know the potential victim, as a neighbour or a consortium member. Nowadays, despite their utility and practical frequency, these stipulations suffer from an uncertain regime, that gives rise to questions, as much in contractual field as in tort field. Firstly, to know whether an exclusion clause can be invoked by the responsible, we need to verify its validity. Yet, both laws in different fields (transport law, consumer law …) and case law (especially the famous Chronopost case) have affected the classic rules of validity of these stipulations. There is therefore a need to establish new guidelines to clarify this important question. Secondly, it is not certain that the exclusion clause, however valid, will apply. The effectiveness of these provisions is also of great importance. Nevertheless, the rules governing the paralysis in case of gross fault from the responsible and those who regulate the enforceability of clauses to third parties, victims of a damage caused by a breach of contract, should be renovated to sweep away the uncertainties that confuse the subject. At a time when French civil liability law is about to be reformed, this study proposes a new regime for exclusion and limitation clauses in order to restore their true function of foreseeability for parties
Al, iftaihat Yassir. "La mise en oeuvre de la responsabilité civile dans le dispositif juridique régissant les recherches biomédicales : Une étude comparative entre le droit français et le droit irakien". Thesis, Lyon 2, 2011. http://www.theses.fr/2011LYO22018.
Texto completoBiomedical research has emerged as a social necessity. Its importance has continued to grow in the medical field. Its legal framework began in 1988 with the law "Huriet", which established a civil liability governing this activity.Today’s legal system increases the protection of victims (and their dependents) of biomedical research by simplifying the procedures for plaintiffs to receive compensation. Only the High Court has the jurisdiction to hear disputes in this area and even if he is a proponent of the public sector is normally the administrative judge. The limitation period is ten years since the damage may not appear immediately at the end of the research. The victim and his/her dependents are entitled to compensation for material and moral damages incurred in connection with the conduct of research. In cases where the liability of the promoter is not involved, the victim can still claim compensation from the ONIAM by filing an application with the CRCI.The law "Huriet" should reconcile the interests of the society with its core values, and find the right balance to ensure a perfect protection to individuals suitable for this research, without hindering their development
لقد فرضت الابحاث الطبية الحيوية كضرورة اجتماعية واتخذت أهمية لا يمكن الاستغناء عنها في المجال الطبي. وحيث ان تنفيذها على الكائن البشري أصبح مطردا، فان إحاطتها بقانون متكامل أصبح امرا لا مفر منه، وقد بدأ ذلك الأمر بتشريع قانون عام 1988 والذي اتى بالجديد عندما أحاط تنفيذ الابحاث الطبية على الكائن البشري بنظام مسؤولية مدنية. هذا النظام هدفه تدعيم حماية المشاركين بالبحث من خلال تعويض المتضرر منهم او خلفه العام من خلال تبسيط اجراءات التعويض. فحدد هذا القانون الاختصاص حصريا بالمحكمة البدائية في النظر بالخصومات المتعلقة بتنفيذ الابحاث الطبية على الكائن البشري، حتى لو كان القائم على تنفيذ البحث شخص من القانون العام. والذي من المفترض ان يكون الاختصاص حينها للقاضي الاداري. هذا وقد حدد قانون عام 1988 مدة التقادم بعشرة سنوات من وقت انتهاء تنفيذ البحث، لان الاضرار قد لا تظهر إلا بعد مدة من تنفيذ البحث. فالمتضرر أو خلفه العام يستطيعون المطالبة بالتعويض على الاضرار المادية والادبية التي نجمت عن تنفيذ البحث الطبي. لكن في حالة اثبات عدم وجود خطا من القائم بالبحث الطبي أي انه غير مسؤول عن الاضرار، فان المتضرر يحق له حينها بموجب هذا القانون اللجوء إلى المطالبة بالتعويض من خلال الهيئة الوطنية للتعويض عن الحوادث الطبية. خلاصة القول، إن قانون عام 1988 سعى لايجاد موازنة ما بين الفائدة التي تعود على المجتمع من تنفيذ البحث وبين ضمان حماية المشارك بالبحث بالشكل الذي يكفل حرمة الجسد البشري دون ان يؤدي ذلك إلى وضع العقبات أمام تنفيذ الابحاث الهامة للمجتمع
Jaeger, Laura. "Nucléaire et santé : recherche sur la relation entre le droit nucléaire et le droit de la santé". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1061.
Texto completoThis PhD thesis deals with the relationship between nuclear law and health law. Health law is understood in its wide sense, as a legal discipline governing environmental health, i.e. the health of man in his natural and work environment. Nuclear law and health law sharing the same objective of protecting the health of man in his environment, the former is necessarily influenced by the latter. My demonstration focuses in particular on how to characterize this obvious relationship between nuclear law and health law regarding health protection as well as liability for nuclear risks. From this point of view, it opposes the symbiosis of these two fields of the law with regard to health protection against nuclear risks and their split with regard to health liability. The relationship between nuclear law and health law is indeed characterized by a perfect symbiosis regarding health protection against nuclear risk, whichever its origin; the various components of nuclear law, crystallized around the core of radiation protection, complementing one another in order to protect environmental health. However, this symbiosis gives way to a real split regarding health liability for nuclear risks; this one being marked by plural regimes which depend on the professional, medical, civil or military origin of the nuclear risk. The radiological health damage is indeed apprehended sometimes commonly by health law, sometimes specially by nuclear law
Lehaire, Benjamin. "L'action privée en droit des pratiques anticoncurrentielles : pour un recours effectif des entreprises et des consommateurs en droits français et canadien". Thesis, Université Laval, 2014. http://www.theses.fr/2014LAROD002/document.
Texto completoRegulation of competition is dualistic in France and Canada. On one side, public authority frame the market and impose sanction, if appropriate, to the practices contrary to existing legislation, and, on other side, the victims injured by antitrust practices, that is consumers and company, may bring a private procecussion based on the liability to obtain a compensation for the antitrust injury. They are respectively of public action and private action, also referred to as public enforcement and private enforcement of competition law. However, in the European Union, and particularly in France, the antitrust harm has no effective remedy. Indeed, in France, consumers had not, until the adoption of the collective redress, procedural means to access the judge of compensation. In addition, the French civil law proves too rigid to allow compensation for something as complex as the competitive harm. For its thinking about it, the French legislator has often turned to the Canadian and Quebec models to reform its bicentenary civil law. Indeed, the Quebec civil law is particularly flexible in disputes related to competition law. In addition, the Canadian Competition Act provides a right to compensation adapted to the constraints of the victims of anticompetitive practices. The author has sought to understand how the Canadian private enforcement mechanism works to assess whether this model, through the Quebec civil law, could inspire a reform of French civil law model adopted by the legislature in particular during the introduction of collective redress. The analysis is primarily civil law to allow a reading of private action that departs from conventional stereotypes of the American experience in this field. The ultimate goal of this comparison is to make effective use of the private businesses and consumers in French and Canadian rights following an injury resulting from a violation of anti-competitive practices
Vincent, Anne-Violette. "L'intérêt de l'enfant à naître". Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR157.
Texto completoIn positive law, the qualification of the unborn child is unclear and he has no status. However, his interest is taken into consideration since Roman law through the adage « infans conceptus pro nato habetur quoties de commodis ejus agitur » according to which the conceived child is deemed to be born whenever it is in his interest. Originally, this adage was exclusively focused on the patrimonial rights. Today, the preservation of the interest of the unborn child has undergone major changes far beyond this Latin maxim. Several factors explain this fact : the legalization of the termination of pregnancy, techniques of assisted procreation, the development of scientific research, evolution prenatal and fetal medicine. The question of preserving the unborn child’s interest is today constantly renewed because of the constant development of medical ans scientific practices, and under the impetus of the concept of the born child’s interest. The unborn child’s interest conflicts with other competing rights and competing interests. These rights and interests are the subject of strong demands in society and lead to intense debates over conciliation solutions. The antagonism of these rights and interests leads to important contradictions and inconsistencies that are difficult to resolve. Therefore, to apprehend the interest of the unborn child in positive law is to analyze its manifestations in termes of conciliation with competing rights and interests. Our study aims to determine the content of the interest of the unborn child in French law, in order to highlight the existing coherences and inconsistencies, and this in a perspective of rationalization
Koray, Zoé Zeynep Can. "Le préjudice de l'actionnaire". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020072.
Texto completoThe subject of shareholder damages has seldom been studied in France. Nonetheless, it is a topic of much discussion and debate in legal circles. Unlike under some foreign laws, French law rarely permits the direct compensation of shareholder damages because of the summa divisio between the personal damage (recoverable) and the damage of the company (not recoverable). However, this distinction is not relevant both in terms of theory and practice. More doubt is cast on this distinction where the potential damage arises from an infringement of the penal law, such as the use of false or misleading information to induce shareholder reliance or action. Furthermore, the internationalisation of capital introduces conflicts of law and jurisdictional questions, asking the courts to first determine whether they are the proper authority to hear a shareholder’s case, and which nation’s laws to apply.This study presents a critical analysis of the positive law and proposes avenues of reforming French laws concerning shareholder damages. Should the existing remedies be changed ? Which remedies should be adopted to reverse the strict trends in French law against adequately compensating shareholders’ losses ?
Brunel, Fanny. "L’abstention du titulaire d’une prérogative en droit privé : ébauche d’une norme de comportement". Thesis, Université Clermont Auvergne (2017-2020), 2017. http://www.theses.fr/2017CLFAD025/document.
Texto completoFrench law is usually understanding the abstention as the abstention fault. However, the abstention of the holder of a prerogative can not be analyzed this way and requires a new juridical approach. Abstention creates an equivocal situation by being a refusal, silent and temporary, to immediately enjoy the effects of a prerogative in order to retain them until the most appropriate moment. By being unclear unlike an active exercise or a real renunciation, it generates indeed unpredictability and a lack of legal safety. This insecurity is, moreover, exacerbated by erroneous interpretations of abstention and by the aggravation of the consequences affecting the one who suffers from it with the passing time. As a result, due to the absence of a legal status of abstention, it is imperative to take up the unpredictability problem of the abstention of the holder of a prerogative in order to attempt to mitigate it, while highlighting its legitimacy. The appearing necessary solution finds its way in the regulation of the behavior of the one abstaining in time. Consequently, from the end of a reasonable period, preserving his liberty within the time limit, he has to respect the standard of a reasonable agent. Failing that, his liability could be incurred. This would not exclude the accountability of the person who suffers from abstention
Dhoorah, Marie Sabrina. "L'évolution du droit en matière de sûreté nucléaire après Fukushima et la gouvernance internationale". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020031/document.
Texto completoOn March 11, 2011, the Japan suffered an earthquake followed by a tsunami to the terrible consequences. In nuclear power plant Fukushima Dai-ichi happened a nuclear accident of level 7 (highest) on the international scale, which marked the spirits such as rivaled that of Chernobyl in 1986. This accident left the world agog with these new forms of threats, especially since the TEPCO operator did not master the situation or learn the lessons of the past. Since Fukushima, the fundamentals in Europe and worldwide has so upset been turned upside-down and this raises the question of safety and security of power plants with renewed acuity, which necessitated. It is imperative to redefine in law and in practice some standards and principles at the national, European and international level in accordance with these new threats to the highest level of safety. But the legal revisions need to be more ambitious. The future of nuclear power suggest therefore: at the European level: a more ambitious revision of the directive on nuclear safety; the establishment of a regulatory body with effective independence de jure ; the definition of a liability law harmonised throughout the EU and the IAEA for victims in the event of an accident. At the international level: the governance is necessary as a vector of a common safety culture and security culture ; although the diversity of national models of management and control of the nuclear industry appears a priori difficult to move towards common rules. As well as at the European level, the writing of a single text entitled to the repair of damages would be necessary for the same reasons already stated. The revision of the Convention on nuclear safety is also as important crucial for the future. For immediate harmonization concerns many fields, for the most part: during and after a nuclear accident crisis management; the implementation of the principles of safety and security at the most efficient and highest level from the conception to the dismantling of an installation; strengthening interaction adapted between nuclear safety and nuclear security ; but also the integration of the population in the decision-making process in the areas of nuclear is mandatory for the acceptance of nuclear energy
Mocek, Ondřej. "Újma způsobená vadou výrobku - Analýza unijní úpravy ve světle její české a francouzské transpozice". Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-405146.
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