Tesis sobre el tema "Contentieux judiciaire"
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Solenik, Daria. "La loi étrangère dans le contentieux judiciaire européen". Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0392.
Texto completoThe European Union law and the European judicial area open a new and perfectlymodern perspective on application of foreign law in the national legal order.By stimulating free movement of persons, goods, services and capitals, the EU lawmultiplies the occasions for international litigation potentially governed by foreign law. As a supranational legal order, the EU law primes over the national legal systems and may thus exercise a tangible influence on the way the national authorities treat foreign law in crossborder proceedings. The particular nature of the EU law gives rise to the following question: May the influence of the EU law on private international law go beyond the conflict-of-law rules and affect the law applicable according to them? The present analysis shows that this question has recently acquired a great significance for the European institutions, since the adoption of EU conflict of law rules (i.e. Rome I, Rome II and Rome III Regulations, proposal for Rome IV Regulation, etc.). In order to ensure fair functioning of such regulations and guarantee the free movement principle, it appears necessary to conceive a common approach to application of foreign law in Europe.The present analysis assesses the EU law's potential to harmonize or to unify thejudicial treatment of foreign law within the Member States. To that effect, it combines thestudy of the national law of each of the 27 Member States with a supranational analysis of the foreign law theory. Within the national perspective (Part I), the study starts with a research of the theoretical foundations of treatment of foreign law in the different legal cultures in Europe. The quest for the underlying theoretical principles helps to better understand the empirical and practical reasons for the "optional" (soft-law-like) treatment of foreign law in many European jurisdictions. The analysis of the status granted to foreign law in each of the Member States is completed with considerations for the unified procedural treatment of such law within the European judicial area. In the end, the continuous crossing of the national and the supranational perspectives leads the author to conclude on the necessity and the feasibility of a "uniform legal regime of foreign law for the European Union". The perspective of "communitarization" of foreign law gives a new, supranational dimension to formerly classic issues related to the subject (i.e. the duty of ascertainment of foreign law, the distribution of 5 roles between the parties and the judge to that effect, "proof" of foreign law by the parties, legal remedies to failure to ascertain the applicable law or to errors committed while applying it). Within the supranational perspective (Part II), the research explores the opportunity, the possibility and the feasibility of a "uniform regime of foreign law treatment" in Europe. It proposes a draft of such a regime, on the basis of the existing EU legal provisions and most commonly shared principles of national law. The content of the draft is based on the principle of free movement of persons. The analysis shows that this core principle provides a solidjustification for making application of foreign law in the EU optional and utterly dependenton the will of the parties. Accordingly, foreign law shall only be applied, if it corresponds to the parties? uncontested interests and if it does not hinder their cross-border activity. The supranational perspective on the subject is thus used to demonstrate that application of foreign law in Europe suffers a progressive loss of social value. Hence, the "communitarization" of foreign law legal regime allows to imagine the future of the European cross-border justice as foreign-law-free
Khatchadourian, Minas. "Le traitement judiciaire et arbitral du contentieux des contrats internationaux". Montpellier 1, 2002. http://www.theses.fr/2002MON10012.
Texto completoGauthier, Stéphan. "Le juge judiciaire, juge électoral : vers une harmonisation du contentieux des élections /". Aix-en-Provence : Presses universitaires d'Aix-Marseille-PUAM, Faculté de droit et de science politique, 2007. http://catalogue.bnf.fr/ark:/12148/cb411731247.
Texto completoChiariny-Daudet, Anne-Catherine. "Le règlement judiciaire et arbitral des contentieux internationaux sur brevets d'invention /". [Paris] : Litec, 2006. http://catalogue.bnf.fr/ark:/12148/cb40967724w.
Texto completoGauthier, Stephan. "Le juge judiciaire juge électoral : vers une harmonisation du contentieux des élections". Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32022.
Texto completoElection judges jurisdiction is frequently overlooked insofar as elections under their security do not concern political mandates. Election law is classically considerred as a branch of the French constitutional and administrative law. Election processes were traditionally used for political purpose only. The election code confers the control of ballots upon the public law. Administration and constitution judges carry out an election judge function ; their rulings frequently lead to the definition of principles and techniques used in that area. However, democratization has been expanding to most economic and social sectors. Judiciary judges, on the other hand, have jurisdiction over private elections. This work is based on the following two parts. The first one deals with jurisdiction al matters of judiciary judges. Therefore the scope of their jurisdiction relevant election comittees and dispute settlement procedures are analyzed. Part two tackes the question of how election disputes are solved. The way to tackle with election dispute is similar to all election judges proving thereby that election law is a body law per se. The complexity and originality of the French election law are due to the distribution of powers between election judges, to the variety of election laws and to the special role performed by the election judges. Election law is mostly a pretorian one thanks to which election judges are endowed with a significant discretionary power. This study demonstrates that judiciary judges are genuine election judges trying to unify the election control in accordance with the election code. However, judiciary judges have few opportunities for action. As a result, I suggest that reforming the election code is both required and desirable
Moreno, Dominique. "Le juge judiciaire et le droit de l'urbanisme". Paris 12, 1990. http://www.theses.fr/1990PA122006.
Texto completoBoularbah, Hakim. "Requête unilatérale et inversion du contentieux". Doctoral thesis, Universite Libre de Bruxelles, 2007. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210663.
Texto completoIl s’agit principalement d’analyser de manière approfondie la question de la conformité de ces procédures unilatérales aux règles du procès équitable et au principe général du droit imposant le respect des droits de la défense. L’étude tente de démontrer que le recours à la procédure unilatérale respecte ces règles et principe s'il est strictement encadré et s’il s'accompagne de garanties quant aux pouvoirs du juge qui connaît de la requête et aux voies de recours dont dispose la partie qui est condamnée sans être préalablement convoquée et entendue.
Cet objectif peut être atteint moyennant certaines interprétations nouvelles de la loi et plusieurs modifications légales. Des propositions de textes sont dès lors présentées pour améliorer le régime actuel des procédures sur requête unilatérale et l’adapter aux exigences dégagées à l’issue de l’étude.
Doctorat en droit
info:eu-repo/semantics/nonPublished
Valli, Xavier. "Le juge fiscal judiciaire et le droit privé". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1013.
Texto completoIn the French court system, tax litigation is shared between the administrative law courts and private law courts. If the former are often presented as the natural judge of the tax, it is more difficult to justify the jurisdiction of the latter. The object of this present work only concerns private law courts. That is why, it is worth asking whether the private law judge, with a culture of private law, is really able to decide on tax law, basically governed by public law. Moreover, this tax law judge has a particularism due to his relationship to private law and puts private law at the center of his case law. By contrast, this link with private law also tends to become relative with regard to tax law, which allows us to assert that he stands as a true fiscal court. By Deepening the normative structure of tax law, it becomes possible to observe that the complex structure of this branch of the law is a definite factor in the justification of his jurisdiction in tax disputes. This link with private law and his implementation of private law in the field of tax litigation are two elements that are then used to legitimize his authority and strenghten his position as a tax justice
Rouimy, Michaël. "Le contentieux du marché boursier : entre régulation et juridiction". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010326.
Texto completoThe regulator of financial markets, in response to a gradual increase in its powers of sanction was locked in a narrow procedural system that could eventually paralyze the regulator. This thesis aims to demonstrate how the couple formed by the AMF and the judiciary is completed to animate the French system of regulation of financial markets. The first part describes the historical evolution of the French regulation which has seen successive regulators expand their fields of power, including sanctions .To legitimize his new quasi-judicial functions the regulator was forced to be with a procedural basis of common law , which it shares with the courts which in some ways seem to have absorbed its regulatory function of financial markets, reducing the AMF to a judicial officer state. The second part shows that the judicial review of decisions of the AMF take nevertheless into account the specificity of its mission, taking a holistic view of the different levels of regulation ,sometimes at the risk of losing in legal certainty yet expected by the actors in the financial markets. Indeed, the judge involved in the overall implementation of regulation with AMF, is seen with a quasi regulationnal power. For the AMF fully reinstated its regulatory function that motivated its creation we plead for a strengthening of its specific powers
Perdreau, Dominique. "Le contentieux du brevet d'invention : étude des rapports entre le droit des brevets et le droit judiciaire privé". Nantes, 2014. http://www.theses.fr/2014NANT4001.
Texto completoLiquet, Bloy Marina. "Les droits privés subjectifs des personnes en contentieux administratif". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0244.
Texto completoThe aim of this study is to highlight the existence of administrative litigation concerning the subjective private rights of individuals and to measure its impact. The administrative judge is undoubtedly familiar with concepts of private law understood strictly as individual rights, such as the right to privacy, the right to one's image, the right to the presumption of innocence, or even the right to human dignity, the right to life, and so on. Traditionally, however, these personal rights are understood as fundamental rights or even as subjective public rights in administrative disputes. However, it is possible to maintain the privatist qualification of subjective private rights since the advent of a recent and unique configuration of administrative litigation, similar to judicial litigation. In this case, it is a confrontation between the rights of the private individual and a general interest, and no longer between the rights of a constituent and a public interest. The private individual, who is then no longer considered in his capacity as a constituent, can demand the protection of his rights from an administration that is merely an interlocutor. In addition, the results of our research show the multiple implications of the emergence of private law issues before the administrative judge, whether in terms of adapting the office of the administrative judge or in terms of functional rapprochement with the judicial judge
Njoya, Chouaïbou. "Le recours en rectification d'erreur matérielle en contentieux administratif". Metz, 2004. http://www.theses.fr/2004METZ002D.
Texto completoIn administrative dispute in France, the appeal in rectification of clerical errors has changed deeply. This exceptional way of appeal which serves as a rule for rectifying clerical errors, has also ben used, since the ruling (Council of State the highest administrative jurisdiction in France) widow Benoit of November 21st, 1930, to correct certain legal errors. This evolution can be explained historically by the contents of the texts which organize the appeal for revision. This last way of appeal is limited to very few cases so that are very few appeals for revision that succeed. Three cases of revision are nowadays possible under the Code of administrative justice (article R 834-1) and the administrative jurisprudence does not deviate from it. This situation, combined with the heavy and punitive character of the appeal for revision, favored the evolution of notion of clerical error. In order to facilitate the correction of the unacceptable errors whish can't be corrected by the appeal for revision. The Council of State widened the notion of clerical error. The clerical error can be as well a legal error. In other words, the appeal in rectification of clerical error can concern the rectification of a purely legal error. The appeal in rectification of clerical error became a "substitute " in the appeal for revision. The necessity of giving its due importance to the appeal in rectification is a necessity in interest of a good administration of the administrative justice
Dufourcq, Bertrand. "L'office du juge dans la phase d'instruction du procès administratif". Poitiers, 2008. http://www.theses.fr/2008POIT3018.
Texto completoThe powers and the obligations of the judge in the investigating phase of the litigation, is usually perceived as ruled by the inquisitorial characteristic of the administrative contentious procedure [. . . ]
Crucis, Henri-Michel. "Les Combinaisons de normes dans le contentieux de l'excès de pouvoir contribution à l'étude du pouvoir normatif du juge administratif en droit français". Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb375946627.
Texto completoConstant, Anne-Laure. "Les voies de recours spéciales en contentieux administratif français". Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G020.
Texto completoIn France, all defendants have several remedies to contest an administrative judge's decision. If appeal and cassation complaints are the best known and the most used, there are six other remedies which can be qualified as « special » as they demonstrate a specific failure of the judicial function. Unlike common remedies which are a general criticism of the judgment, each special remedy relates to a particular error of the judge. Thefore, a defendant who applies one of these remedies is challenging not the whole judgment but its specific aspect, whether form or substance. However, by applying one of these remedies, the defendant is targeting the modification or revocation of the judgment.Frequently presented as a list of unusual remedies, the research shows that they actually follow a general pattern that allows one to consider them as a legal category of their own. Complementary to appeal and cassation complaints, this group system serves to highlight the existence of a general theory of remedies in French administrative law
Brüning-Petit, Laurence. "Le contentieux judiciaire de la contrefaçon de brevet : étude des systèmes juridiques français et allemand sous des aspects de droit communautaire et international". Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_bruning-petit_l.pdf.
Texto completoThe efficient court enforcement of patent rights against acts of infringement undoubtedly is a fundamental element of effectively protecting the patentee's monopoly. Despite the efforts to incorporate patent litigation in a European court system, the rather modest solutions proposed hitherto contrast with the high level of harmonisation reached for substantive patent law. For the moment, patent enforcement remains an area which is essentially governed by domestic legislation. Against the background of various harmonisation proposals and initiatives, a comparison between the French and the German systems of enforcing patent rights is of particular interest due to the high number of patent infringement suits and the expertise of the judiciary in these two countries. The main objective of this study is to analyse the advantages and shortcomings of both legal systems having regard to the rules governing court organisation and jurisdiction in patent infringement suits, preliminary measures, evidence, available defences and remedies. It will not least be analysed to what extent fundamental rules of civil and procedural law have an impact on the issues discussed in this study
Houde, Marie. "La rationalité judiciaire dans l'appréciation du témoignage : le cas de la preuve par récits oraux dans le contentieux relatif aux droits des peuples autochtones". Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/29348/29348.pdf.
Texto completoDuval, Christian. "La liaison entre la compétence et le fond du droit en droit administratif français". Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32021.
Texto completoThe argument developed here is that there is not necessarily a link between the jurisdictional order - administrative of judicial - to which a lawsuit is refered ant the public or private nature which is applied to its settlement. The connection corresponds to no scientific necessity, be it on a theoritical level or on that of its practical value. Its relevance appears to be highly questionable. The frequent harmony of administrative and judicial precedents in problems common to both and the large number of procedents borrowed by either judge from the other type of law make it impossible to recognize the principle according to which the competence determines the substance. The analysis of positive law also allows us to question the other side of the same principle namely that the competence follows the substance. Finally the theoretical establishment of the rules does not correspond to the requirements of rigid construction. The foundations supposedly perceived in the very origins to the dual jurisdictional system prove to be fragile and the way in which the principle was conceived by doctrine remain affected by serious causes of precariousness
Poesy, René. "Aspects procéduraux du droit français des pratiques anticoncurrentielles : étude des rapports entre le juge judiciaire et le conseil de la concurrence". Nice, 2000. http://www.theses.fr/2000NICE0002.
Texto completoPerdu, Sylvande. "Le déroulement du procès administratif à l'épreuve des droits européen, constitutionnel et judiciaire". Pau, 2002. http://www.theses.fr/2002PAUU2011.
Texto completoLike in any other field, the administrative trial is challenged by European, constitutional and judicial laws. In the past, judicial processes represented the main influence but today it appears necessary to examine " crossed influences ". Administrative specificities which punctuate the entire legal procedure might be questioned by this new reality but, at the same time, they are likely to be consolidated. It turns out that legal decisions produced by European, constitutional or administrative judges are favourable to those specificities. Even if the European Court of Human Rights imposes a model of " fair trial ", it doesn't condemn national identities such as administrative characteristics during the trial. It results from that analysis that administrative judges actually offer an efficient protection to " the right to an effective appeal "
Marion-Faïn, Edwige. "Une analyse microéconomique des règles de preuve dans le contentieux civil". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020018/document.
Texto completoProcedural rules are likely to affect the strategies of the parties in a dispute. We study their impact on the volume of litigation and on the amount of legal expenses incurred by parties to win the trial. These two components of the social cost of litigation are at the heart of the challenges that must be addressed by developed countries to guarantee the effective enforcement of the substantive law. Our works relate more specifically to rules of proof, and the emphasis is given on the opposition between civilian and common law rules. After defining the scope and the stakes of the thesis in the general introduction, we develop a plan in two parts. Part I studies parties' behavior when they have the possibility to negotiate to avoid a trial. Strategic and divergent expectations models are developed to apprehend parties' decisions to sue and to settle. The second Part is oriented toward the evidence production process preceding the final hearing. We use rent-seeking models to analyze parties' incentives to engage legal expenditures.The results suggest that rules of proof have a substantial effect on the social cost of litigation. We show that the volume of litigation in the US and in France can be explained by the various rules of proof prevailing in these two countries. Moreover, our analysis reveals that the rules of proof constitute a major determinant of the private cost of litigation and of defendant's defense strategies
Diemer, Marie-Odile. "La juridiction gracieuse en droit administratif". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40031.
Texto completoThe notion of non-contentious jurisdiction is traditionally connected to the activity of the civil judge. Still, the administrative judge administers contentious as well as non-contentious justice. Understood as the activity of the judge outside of any litigation, it is little studied in administrative law but widely examined in private judiciary law. Nevertheless, it is interesting to compare the way judges consider their office in a non-contentious frame as well as analyse further the common points and the differences between the two juridical regimes. However, the development of such an activity can appear paradoxical when courts keep being more and more congested and when the attraction for alternative ways of settling disputes keeps developing. Yet, the progression of the certification activity of some administrative acts, including transactions, can make it possible to avoid the length of a trial. This new procedure can thus favor the renewal of the principle of juridical security and makes it possible to consider from a new point of view the definition of the jurisdictional function of the administrative judge
Alias, Aymeric. "La société plaideur : plaidoyer pour la reconnaissance d'un droit commun du contentieux sociétaire". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1026.
Texto completoGoing to court for a company involves many procedural issues. Since those issues are not sufficiently taken into account by legislators or ideally part of a compilation within a specific form of codification, they may be held responsible for inevitable practical difficulties. Many questions arise : concerning rights likely to be brought up before a judge by a company or against a company ; its ability to benefit from an action ; the power or quality of those who claim to represent the company before a judge, the competence of a court to hear the case at hand ; managing procedural time in line with the pace of corporate life ; drafting and communicating the procedural acts issued in the company’s name or for the company ; ensuring the court rulings taken in the company’s presence be enforced. The obvious risk is procedural failure. The difficulty stems from the existential and functional ambiguities of this a-typical company. At first sight, procedural does not seem to be able to adapt to the nature of the claimant company. In order to leave room for some humble but useful certainties in this area, one must coherently gather all that constitutes the substance of companies’ procedural law, based on an interpretation that will make it understandable. That is the aim of the present dissertation while dealing with practical difficulties and suggesting suitable solutions. “The Claimant Company” is a plea for the recognition of the governing law in disputes between companies, which deserves to be part and parcel of the many implications of jurisprudence
David, Paul. "Le traitement de l'incertitude dans le contentieux des produits de santé défectueux". Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB218.
Texto completoAt a time when healthcare-product litigation is attaining record heights, the implementation into French law of the special liability regime for defective products, which derives from the European Council Directive of 25 July 1985, has led to the emergence of several grey areas of uncertainty which have a direct impact on the outcome of claims for compensation. Areas of material uncertainty have, for the most part, been effectively dealt with through the combined application of case law and the intervention of the legislator. While classic legal tools such as presumption and alternative causality provide a means to resolve a non-negligible part of these uncertainties, judges have also endeavoured to develop new tools, such as risk/utility test and market-share liability. Still, although the development of these legal tools - better suited as they are to the specific features of healthcare products - provide an effective solution to resolving areas of material uncertainty, the treatment of scientific uncertainty, which is based on presumptions of fact, does not always provide satisfactory solutions. The study of the legal treatment of uncertainty in healthcare-product litigation provides a means to assess the benefits but also the limitations of certain tools that are now available to judges but which at times prove inadequate. Intervention on the part of the legislator, while at the same time taking into account the specific features of healthcare products, could lead to the development of a suitable compensation system that could afford relief when litigation fails
Ngalima, Bernadette. "Le traitement des parties dans le contentieux international des droits de l'homme : vers la recherche d'un équilibre procédural". Thesis, Artois, 2016. http://www.theses.fr/2016ARTO0301.
Texto completoAt a time when people think that the procedural law is the one that guarantees the effectiveness of international human rights law, it is interesting to measure the truly place given up to the individual in the trial vs. the State. This thesis is based on the judicial practice of international’ s human rights organizations try to demonstrate the difficulties of these supranational institutions to treat the individual applicant and the respondent State equally as asked by the rules of fair trial. Instead of an essentially formal equality implies no differentiation between the parties, their mission requires them to look naturally, substantive equality. That is why it has been recommended to focus on the equity that has its place in international litigation of human rights. This is more justified because the configuration of the international society, the nature of the international law of human rights and the legal formalism impede a greater protection of the human. This thesis has been the opportunity to revisit the issue of the search for balance between the parties in international litigation of human rights which means at first the balance of procedural statutes. Despite an improvement in the procedural position of the individual, it must be admitted that there are still gaps in the protection available to it. This has led to the conclusion that in the field of protection of human, the most important thing is the humanization of law
Berne, de la Calle Cédric. "Le contentieux de la résolution du contrat au regard de l'article 1184 du Code civil : éléments pour une stratégie du créancier". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1027.
Texto completoCreditor's strategy in case of breach of contract is often avoided because of full theories.It could be described as a tacit phenomenon. Elements of judicial dissolution are studied in a way to discover a legal institution made by independent mechanisms which each have their own spring. Starting with article 1184 of French Civil Code, the aim of the study was to grasp the spirit of "judicial dissolution" of contract, also the legal institutions it contains, formally or tacitly, checking all the law doctrinal knowledge, supposed to be certain and proposing a perspective for this particular judicial termination of contract.Judicial dissolution composed of eight themes is a study trying to share into a mass knowledge relative to the action's area, the fortuitous event (irresistible force), the breach of contract itself, which is officially established into a formal notice. When the judge is seized, the creditor has a legal option between dissolution or enforced performance offered by article 1184 paragraph 2, which leads to the question of judicial characteristic - involving an important argument - of the dissolution.Finally, judicial dissolution causes apparent consequences : retrospective effect on contract but, overall, there are specific effects : termination of contract involving return of goods, values and performances between parties coming from the judicial decision.If dissolution's concept had been studied before into its fundamentals, its story or its diverse forms, it allows to explore the reverse side of this theory into as a new critical reading which recalls the original function of this legal action : to permit creditor to defend in case of breach of contract
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires". Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Texto completoPas de résumé en anglais
Djedje, Zako Jean-Marie. "La dualité juridictionnelle en Afrique subsaharienne francophone : analyse d'un modèle importé à partir des exemples burkinabè, gabonais, ivoirien et sénégalais". Electronic Thesis or Diss., Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD004.pdf.
Texto completoBetween the rejections, the partial implementation and aborted implementation, the reforms regulating the juridic duality illustrate the feeling that they do not function well but as purely symbolic or, somehow, as they indicate a process not grasped well. Accordingly, the transition from monism to juridic duality does not lead to a serious development of the administrative issue qualitatively and quantitatively in the francophone African countries. Presumably, if the process of duality can be accommodated, it would not lead to its systematic condemnation. The increasing uniqueness of the collectivities' territorial issues, the urbanism, the environmental issues as well as the attraction of African wealth leading to a kind of “scramble” of investors and powerful stranger forces do not ask for the only specialization of the administrative jurisdiction. Its independence and autonomy are now necessary in order to fully meet the new and renewed challenges. Nevertheless, we must distinguish the incompatible properties in the French imported model from the efficient coaching of the administrative action in francophone Africa and the incongruences of the reforms regulating this model. Briefly, the scope, the context and the accommodating environment of the juridic duality should be re-examined, reassessed in order to create an administrative law both faithful to the principles useful to its efficiency and reflecting the sociological features of new area
Tranchant, Baptiste Michel Marie. "L'autorité de chose jugée : étude de procédure internationale contentieuse". Bordeaux 4, 2009. http://www.theses.fr/2009BOR40051.
Texto completoFor a very long time, the res judicata principle arouses jurist's interest. However, it is still causing interpretation differences in the doctrine. The study of international contentious proceedings gives an original viewpoint about the res judicata principle. Indeed, the pratice study proves that in public international law, res judicata consists in the assigning of legal truth strength to the whole certified statements which take part in the reasoning led about dispute in a juridictional decision. It appears that the juridictional decisions' structure (distinction between the reasons and the operative clause) is not relevant in determining what involves the res judicata principle. Far from being assigned to the only operative close or from being recognized to the reasons only exceptionally, res judicata can be applied to every certified report about law and fact that has been necessarily achieved so as to adjudicate on dispute. Res judicata is more lying in the definitive aspect granted to juridictional certified reports than in a compulsory strength applied to normative decisions. Res judicata certifies as rights, in law terms, the official reports proceeded by the judge concerning the parties' situation about the judged dispute. It results of this that res judicata relativity can be assessed considering two facts : the relativity of the legal strength object granted to the judgment (which means the relativity of the judgment's content itself to which legal truth strength is attributed) and the relativity of truth strength's opposability assigned to the judgment (which is, on principle, only opposable in respect of the judged case)
Kolimedje, Yelian Léonce Frédi. "La théorie générale des contrats d'affaires dans l'espace OHADA". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D002.
Texto completoThe business Law in Africa appears as a labyrinth in front of which we show vague desires to get. Actually we notice a superimposing of resulting standards from a diversity of legal instruments. The diversity is the resultant of an outfit of economic zones (UEMOA,CEMAC, ECOWAS, in particular), a kind of several European unions based on two fundamental legal systems which coexist : Civil Law and Common law. So, there is a difficulty considerably reduced, but far from being finished inherent to the even judicial legal insecurity. With the aim of establishing a point of attraction to the foreign investors especially, and in a concern of contribution to the work of «standardization» and not simple harmonization of the business law which the legislator of OHADA has begun since October 17th 1993, at Port-Louis in Ile-Maurice, by setting up the Treaty of the Organization of the harmonization of Busines law in Africa, it seems to us imperative and convenient to develop and strenghen a general theory relative to contracts. The general theory within the framework of our researches will limit itself to business contracts because we start from the postulate that this category of contracts constitutes the base of any economic operations. The general theory of business contracts would then mean setting up a common law of business contracts in OHADA area. The aformentionned general theory of business contracts has to fin its anchoring in the pre-existent measures without giving up the introduction of new rules susceptible to contribute to its success. However they have to remain compatible with the various uniform Acts of the OHADA, the ingenious work already achieved by the legislator ofthe OHADA and especially not reject the inheritance of the french legal system in order to be effective. Our reflection will find its base in the study of substantive law of the OHADA and French, and, the forward-looking law emanating from drafts from the contract law on one hand, but also from miscellaneous other legal instruments on the other hand, which will allow us to establish the legal rules even the measures that must prevail in the contractual business relationsof the OHADA, to highlight the homogeneity, the uniqueness or the diversity of this contractual business system, to point out the faithful relation or not that the OHADA with the french legal system maintains
Dupeu, Nael. "Les moyens en contentieux fiscal". Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0159.
Texto completoTax litigation arises from a persistent disagreement between the taxpayer and the tax administration. The taxpayer who wishes to contest the tax must submit a contentious claim to the competent tax service before being able, if necessary, to bring the dispute in front of the judge. The taxpayer and the tax authorities must then present means capable of justifying the merits of their respective positions. The tax judge must assess the means of the parties in order to resolve the dispute. The purpose of this study is to systematize the means in tax litigation. The specific nature of the tax dispute has an influence on the means as invoked by the parties and assessed by the judge. The objective nature of tax litigation implies in fact bringing together favorable conditions for the application of tax legality. The parties thus enjoy great freedom to develop their legal argument during the litigation procedure. The purely objective nature of tax litigation is sometimes a source of imbalance between the parties to the tax proceedings. The objective application of tax law is also at the heart of the tax judge's office, although he sometimes reveals a form of subjectivity in his assessment of means. The ambition of this research is to identify the specific features of the means in tax litigation
Mamoudy, Olga. "La modulation dans le temps des effets des décisions de justice en droit français". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010263.
Texto completoNo english summary available
Mbouli, Augustine. "Le dualisme juridictionnel en matière fiscale". Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_mbouli_a.pdf.
Texto completoThe French legal system is based on the principle of legal and administrative authorities’ separation. This principle was the subject of a particular interpretation in the jurisdictional field and resulted in the separation of the legal and administrative dispute. If the implementation of this rule seems easy in various legal fields in particularly in civil or penal matter; in the tax field, its application is complex and led to a division of the dispute between the two existing orders of jurisdiction, thus generating an expansion of competences. Ndeed, several logics related to the revolutionary period are applied to distribute the tax authorities. If it were shown that fallacious legal reasons led to the distribution of the dispute of the imposition between the two jurisdictional orders, the respect of the revolutionary principles accentuates jurisdictional dualism in the other aspects of the tax dispute. In such context, the question which arises was to know if the presence of two orders of jurisdiction in the tax dispute were not an obstacle with the jurisdictional unit and the unit of the legal order? In theory, the expansion of competences, the plurality of the procedural and substantial rules applicable to the tax dispute, as well as the extensions of competence are elements which militate in favour of the absence of jurisdictional unit
Minot, Lilian. "Le juge administratif du référé-libéré et la protection effective des droits et libertés fondamentaux des administrés". Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD009.
Texto completoRegarding citizens’ effective protection in terms of fundamental rights and liberties, the administrative judge has, for a long time, been overshadowed by his judicial counterpart, because of a chronic ineffectiveness concerning urgency procedures. However, lawmakers have redressed that situation in particular by creating the “freedom summary procedure” which explicitly aimed at transforming the administrative judge into an actual custodial judge in the same way the judicial judge is for illegal administrative acts. In the ten years following that creation, the administrative judge has fully seized the opportunity to compete with the judicial judge thanks to a progressive and constructive judicial policy. This policy resulted in a significantly extended conception of the notion of “fundamental liberties” and in the appearance and development of injunctive actions to protect them. The range of liberties considered as fundamental as well as the consequent degree of their protection will undeniably serve the aim of a rise of the administrative judge to the rank of effective protector of the citizens’ fundamental rights and liberties
Lebrun, Geoffroy. "Office du juge administratif et questions préjudicielles : recherche sur la situation de juge a quo". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0261.
Texto completoPreliminary issues challenge the role of the administrative law judge who formulates them.They are regarded as being accessory to the principle case at bar. They may even be perceived assecondary issues. This study of administrative litigation, based on a systematic analysis ofadministrative case law, aims to establish the opposite. Preliminary issues are characterized by theirdiversity as well as by their influence on the lawsuit, however, they are often perceived as useless andcumbersome procedural complications aiming to delay the resolution of the dispute. This study aimsto explicit the process by which the administrative law judge builds a preliminary issue and what is thelegal foundation of such an issue. From this angle, albeit the fact that the parties to the main disputeplay an essential role, it is the judge, who mainly retains the power to formulate the preliminary issue.This analysis challenges the traditional portrayal of preliminary issues as paralyzing the judicial“office”. To the contrary, far from immobilizing the “office of the judge”, an in depth study of positivelaw reveals the extensive powers that the judge a quo possesses with regards to the case at bar.Finally, the reception by the judge a quo of the preliminary ruling corresponds to a sharing of juridicalsovereignty implying the passing of a juridical act emanating from a process of co-decision. Thisstudy aims to shed light on the functioning and the complexity of a mechanism rarely examined fromthis angle. This study equally allows for an exploration of the main legal issues relating to the judicialfunction and the “Office” of the administrative law judge when placed in the situation of judge a quo
Ka, Ibrahima. "Le juge face aux principes directeurs du procès civil". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1073.
Texto completoCivil trial is the traditional framework where justice of individuals is usually delivered, and the rules which govern it are synthesized in the first 24 articles of the code of civil procedure which set out the guiding principles. The latter organize the sharing of procedural responsibilities between the different actors of the lawsuit, and determine the main part of the office of the judge built around the contentious model of the civil proceedings, cut for the ruling on the judges of the affairs. This model undergoes legal mitigations, mainly for reasons of equity or diligence, even though the case which is submitted to the judge is a matter of the contentious material. In the submission for an out-of-court settlement and that of the appeal to the supreme court, it is the nature of the mission entrusted to the judge who sometimes justifies the mitigations brought to these guiding principles, and sometimes even their disappearance. The action of the judge towards these principles also goes to the direction of their adaptation to evolutions so legal as Socio-Economic. It is essentially translated on the one hand, by a research for effectiveness of these principles which the judge does not hesitate to connect with superior standards, and on the other hand, by a research for their efficiency by means of the technique of interpretation. If in the first case the internationalization and constitutionnalisation explain such an action, the second case raises itself the question of the legitimacy of such an approach. Today’s judge is also a manager, especially in an increasing context of justice request and rarefaction of the resources assigned to the judicial administration
Davila, Valdiviezo Charlotte. "Les stratégies contentieuses en matière civile et commerciale : étude à partir du Règlement Bruxelles I bis". Electronic Thesis or Diss., Lyon 3, 2023. http://www.theses.fr/2023LYO30032.
Texto completoWhile the term "strategy" is rarely associated with the legal field, strategies aimed at leveraging the law to one's advantage have always existed. To shed light on this phenomenon, this thesis focuses specifically on litigation strategies that revolve around a trial as a central point.The starting assumption was the paramount importance of understanding the rules and the framework to effectively navigate towards an advantageous outcome. Rules here are broadly defined to include the legal rules of the member states and the Union, the case law of their courts, and the entire economic, political, social, and cultural context surrounding the parties and their dispute.Strategic litigation practice in the European area then warranted a detailed review of the various actors involved in the strategy (parties, national judges, European judges), as well as the history and evolution of the European Union and its law.This quest for knowledge of the rules also led us to revisit the conceptual framework and concrete achievements concerning jurisdiction in the European Union, highlighting a complex system revolving around the Brussels 1bis Regulation and a Court of Justice of the Union, both an actor and promoter of European integration.However, the development of strategies does not stop at understanding the rules but requires their anticipation and adaptation to changing realities. The choice of court then becomes a strategic maneuver, guided by both objective and subjective criteria.Reviewing European history as well as the trajectory of the strategic actors provides an opportunity to grasp their operating modes and to anticipate their actions within the context of a multicultural Europe, composed of sovereign member states. It will be about predicting legal developments, jurisprudential reversals, advantageous positions, or even actions that are likely to meet the economic or political objectives of the Union, while keeping in mind that judges can always introduce bias into the judgment process. It will also involve understanding the adversary's history in order to estimate their strengths and weaknesses to adjust the strategy accordingly.However, there is no single path to the success of a litigation strategy: the success of a strategy largely depends on the perception of the litigant, their objectives and expectations. The choice of jurisdiction can then be made based on the procedural guarantees offered, the predictability of the decision, or the application of specific rules attached to the forum.The litigation strategy can also involve breaking away from this scheme to seek an alternative resolution through amicable methods or arbitration.While the strategic approach may be tempted to free itself from ethical or moral constraints by using maneuvers that pervert the purpose of the texts, it is essential to remember that a strategy can be both profitable and virtuous. Failing this, national and European judges will play their role as safeguards of the system's integrity
Al, Saud Salman ben Abdel Aziz ben Salman ben Mohammad. "Problèmes de base du droit des entreprises en difficulté : étude comparée droit français - droit saoudien". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020096/document.
Texto completoAt a general level, French law and Saudi law provide similar solutions to companies facing financial difficulties: they both provide for the possibility of a non-contentious treatment of the difficulties through an agreement between the debtor and its creditors; if this process fails, an insolvency procedure will be initiated. However, the philosophy of the two systems is far from being the same: the main concern of French law is to achieve save the company, that it considers being creative of wealth and jobs, whereas Saudi law has essentially the concern of securing the creditors' rights. To achieve its objectives, French law has been very active in this area, while the Saudi law remains in its Regulation of 2 June 1931 on bankruptcy and its decree on preventive conciliation of bankruptcy dated 24 January 1996. Where the French insolvency system is complex, the Saudi one is simple. The analysis of the basic issues in this area leads to wonder whether a third route could be considered