Tesis sobre el tema "Droit applicable au fond"
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Mohamed, Hassan Ashraf Wafa. "Le droit applicable au fond du litige en matière d'arbitrage dans les pays arabes". Dijon, 1997. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/5372d804-9638-4cf0-b71d-0c732a6e4c7a.
Texto completoSabalbal, Hélène. "Le choix du droit applicable dans l’arbitrage d’investissement : expérience euro-arabe". Electronic Thesis or Diss., Paris 2, 2021. http://www.theses.fr/2021PA020029.
Texto completoThe settlement of an investment dispute often depends on the choice of applicable law to the merits. The arbitrator has the obligation to respect the will of the parties. In investment arbitration, the parties are a private party and a state party who may give its consent to arbitration in advance in a general offer of arbitration. The arbitrator will determine the applicable law only if the parties did not do so. Under the aegis of an arbitration institution or within the framework of an ad hoc arbitration, the arbitrator may apply national law, regional law (European, Islamic law), international law or non-national rules, or even a combination of formulas. Part I examines the interactions between these laws and rules of law, their potential hierarchy, in order to be able to settle an Euro-Arab investment dispute. Since the entry into force of the Lisbon Treaty in 2009, the EU has had exclusive competence to negotiate agreements relating to foreign direct investment. Part II studies the effects of the new competence of the EU on BITs prior to Lisbon and those that the Member States would like to conclude in the future, and in particular the consequences on the applicable law for the settlement of investment dispute. Part III tackles the limits to the choice of applicable law. The arbitrator must render an effective and enforceable award. Failure to apply the applicable law may be challenged. In some Arab countries, the award is reviewed at the merits, which is a second limitation. In addition, it is necessary to respect public policy
Auclair, Nicolas. "La loi applicable au contrat communautaire d'assurance". Paris 1, 1999. http://www.theses.fr/1999PA010313.
Texto completoTébou, Christophe Kamche. "La volonté des parties dans la détermination du droit applicable au fond du litige devant l'arbitre du commerce international". Berlin wvb, Wiss. Verl. Berlin, 2006. http://www.wvberlin.de/data/inhalt/kamche.html.
Texto completoTébou, Christophe Kamche. "La volonté des parties dans la détermination du droit applicable au fond du litige devant l'arbitre du commerce international /". Berlin : Wiss. Verl. Berlin Gaudig & Veit, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/537608044.pdf.
Texto completoHaji, Kasem Tarek. "Les pouvoirs de l'arbitre en droit français et en droits syrien et égyptien". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D001.
Texto completoIn the performance of his mission, the arbitrator may have similar powers to that of a judge, he may enjoy specific powers, or he may be deprived of certain powers usually enjoyed by a judge. This trilogy is produced by the special nature of arbitral justice. The conventional origin of the institution controls the powers of the arbitrator. It may extend them, but also restrict them. The jurisdictional aspect also imposes restrictions on the powers of the arbitrator in the performance of his mission. All this does not mean that the solutions relating to the powers of the arbitrator are always identical in comparative law. In fact, these solutions depend largely upon how the arbitral phenomenon is visualized. In France, arbitration is conceived as a transnational phenomenon, the arbitrator is autonomous of any legal system, and therefore he can conduct the proceedings and decide the dispute in accordance with the rules he considers appropriate. In contrast, Syrian and Egyptian laws are far from this perception of the international arbitration. In these two laws, the seat of arbitration has a privileged status, which builds an obstacle to the recognition of sufficient autonomy for the benefit of the arbitrator
ABEDI, MOHAMMAD-TAGHI. "L'arbitre international de droit prive face au probleme des conflits de lois. (etude du probleme du droit applicable au fond du litige et des methodes de sa determination a la lumiere des sentences arbitrales de la c. C. I. )". Nantes, 1998. http://www.theses.fr/1998NANT4003.
Texto completoNunes, Chaib André. "Institutionalisation de l'économie mondiale : une étude sur le droit applicable aux institutions financières internationales". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D086.
Texto completoThis thesis deals with how international economic organizations, more specifically the universal international financial institutions, the IMF and the World bank, establish the content and form of their spaces of legality, the treatment of this tension is fundamental. Generally, for spaces of legality, this study means all action that, in one way or another,fall under the scope whatever the organization sees as being law, be it international or national. The turn to institutions does not begin with the League of Nations and the international Labor Organization,at the beginningof the 20th century, but well before, with the recognition of a variety of other institutionsthat, even though are not organizations, administrations or courts,will give shape to what is now called international law. What distinguishes the nature of such institutions is the process by which they are created and the finality attributed to them. In this respect, treaties, customs, international organizations, although created in differents ways, are all part of the process of instituionalization of international law. The recognition of different institutions as crucial stone to the formation and consolidation of the international social spaces invokes a question of definition which is both fundamental and problematic for inernational law : what is an institution for international law ? This is the fundamental question to which this introduction hopes to provide an answer. Such an answer will serve as a determinant guideline for the whole study. For the analysis of the main issues addressed by this study,that is, of how the spaces of legality of international financial institutions - the IMF and the World bank - are created depends mainly on the distinction one makes between that IOs as organizations and IOs as institutions of the international social space. Such a study must then consider the examination of what has led the field of international law, specifically concerned with the world econonomy, to become not only inceasingly institutionalized, but also organised. In other words, there has to be an analysis on the one hand of a process of institionalizing the field of international law concerned with the world economy, and on the other hand, the way by which individual institutions created during this process also aid in organizing the field, circumscribing the the social order under sructured authorities. This study is divided into two parts, eache containing two chapters. The first part looks and focuses on the process of formation and institutionalization of what is now called "international economic law". Inconsidering the development of different branches (commercial, financial, monetary), this works aims at identifying the conditions under which conventional forms of action and activities in these fields have become social institutions such as law and more specifically international law. This works examines : (1) the extent to which the norms of public international lawmaking up this international economic law impact the action of public organizations ; (2) to what extent these organizations are attached to or distanced themselves from this international law accordind to their position in the field ; (3) in what ways do these organizations have a more significant impact on the development of this field through self-regulation (the creation of other normative types outside the typical positivist rules (Articles 38, of ICJ statute)) and (4) which role can play the norms of public international law outside this field of international economic law on the action of these organizations
Meyer-Segrestain, Eric. "La fiscalité directe applicable aux investissements des fonds souverains". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020103.
Texto completoThe growing number of investments made by sovereign wealth funds and the reactions of host countries has raised questions regarding the tax treatment of those public financial entities. Answering these questions implies to analyze the tax legislation on both a national and international level. In this respect this paper compares the direct taxation of sovereign wealth funds investments in France and in the United States. It is then followed by an analysis of some tax treaties signed by France as well as tax treaties signed by countries owning sovereign wealth funds. Questions related to the application of tax treaties to sovereign wealth funds are examined through the presentation of the OECD model tax convention and the United States income model tax convention. We then compare the tax status of sovereign wealth funds and private investors regarding tax competition and portfolio choices. We will see through the lack of tax regulations, guidance and the absence of court decision that this study is mainly based on an interpretation of the facts and the law as a consequence. The solutions provided in this paper aim at clarifying the issues we have identified. Hopefully this will raise further interrogations and will be followed by other studies
Abid, Chiraz. "L'établissement du contenu du droit aplicable en matière d'arbitrage international". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D042.
Texto completoThe role of the arbital tribunal in the establishment of the content of the applicable law on the merits is not envisaged in most of the arbitration statutes. This brings us to examine the principle ''jura novit curia" and the opportunity of its application to international arbitration. Applying this principle in the same way it is applied before state courts to international arbitration has led to several difficulties. However in order to encourage the parties to resort to arbitration and to increase their trust in this conflict resolution mechanism, the arbitrator must be actively involved in the establishment of the content of the applicable law. Moreover, the "ex officia" attributions of the arbitrator should always comply with the due process principles. The administration of the proof of the applicable law during an arbitration procedure is nowadays standardized in most of the different law systems, due to the continuous efforts of the arbitration institutions. However, and despite the numerous advantages of the current methods of establishment of the applicable law, many difficulties are still encountered, which is diminishing the efficiency and the celerity expected by the parties from the arbitration process. Therefore, news methods should be developed, without however compromising the quality of the justice rendered: a post arbitral control must be implemented in order to verify whether the arbitrator has correctly applied the law on the merits "as previously established" to the case at hand, while respecting the principle of non review of the award on the merits
Chanteloup, Hélène. "La loi applicable aux quasi-contrats". Paris 10, 1994. http://www.theses.fr/1994PA100167.
Texto completoThe choice of the law rule applicable to quasi-contractual claims supposes that the question of characterization of the quasi-contractual category has to be resolved. Therefore, it was necessary to compare the classification proposed by the French civil code. The quasi-contracts have been defined as "lawful fact which products contractual effects" and have been separated from the principle of unjust enrichment. This definition is a large one, designs the three traditional quasi-contracts : negotorium gestio, payment of a debt not due, unjust enrichment and designs a new one which can be describe as the "theory of apparent situations". The choices of law rules that have been adopted in the French legal system are unsatisfactory. The solution proposed is found on the "proper law approach" provided from mechanical and accidental localization and obliges to consider events which have a consequential relationship with the act leading to the situation. If the quasi-contractual claim arises out of a pre-existing relationship, the law to be applied in all these cases is the law which governed the prior contract or legal relationship. This could more
Iranpour, Farhad. "Droit applicable au fonctionnement des sociétés commerciales". Nice, 1999. http://www.theses.fr/1999NICE0024.
Texto completoCommercial companies are inescapable instruments of the modern capitalistic regime. The importance of commercial companies has especially demonstrated in their developments, by the international expansion of theirs social activity. The development of commercial companies on the international plan, produce the original problem that having their sources in the determination of the applicable law to the functioning of the company in a broad sense of the term : administrative and financial aspect of the functioning of the company. Indeed, the commercial company is essentially an economic entity whose good functioning demands an appropriate financial power. More, it is an organised economic entity since the surviving of the commercial company necessitates an efficient and punctual organisation. The originality of these problems on the international plan confers them a undeniable interest of the viewpoint of the juridical speculation. It allows in the first place, to verify the position of french law about the functioning of the commercial company and to analyse then the part of the principles of the conflict of laws and, to see if the application of the law of the head office : la lex societatis suffers exceptions, or well if this principle erases ahead the attraction of "lex mercatoria". The necessity of maintain the permanence and the unity of the juridical status of the company, confer to the law of the head office : la lex societatis, an area of application extra-territorial. But this principle of extra-territorialist must be limited in the interest of thirds. The protection of thirds party limit the extra-territorial status of the commercial company. This limitation is according to the reality of trade international that tends to protect the interest of thirds and to insure the security in the international trade on the one hand, and to safeguard the good functioning of operators of the international tradeon the other hand. In this study, we will demonstrate this contemporary tendency that consists in conciliate needs of the trade by conferring to the company an extra-territorial status, and the necessity of the protection of the interest of thirds in commercial relationships that translated in the territorialism or in the universalism "lex mercatoria". This conciliation dominates the study of the different conflicts of laws that make born the various aspec of the functioning of the company, conflicts whose examination will be distributed in two devoted parts to "the applicable law of the financial aspect of the functioning of the commercial company and to the applicable law to the administrative aspect of the functioning of the commercial company"
Crevel, Samuel. "Ecrits-droit rural, droit privé applicable aux collectivités publiques, droit du marché de l'art". Paris 2, 2009. http://www.theses.fr/2009PA020084.
Texto completoDJEBALI, OUAMAR. "Particularites du droit de forme applicable aux infractions economiques (droit francais et apercus de droit communautaire)". Poitiers, 1986. http://www.theses.fr/1986POIT3001.
Texto completoFongaro, Éric. "La loi applicable à la preuve en droit international privé". Toulouse 1, 2002. http://www.theses.fr/2002TOU10012.
Texto completoThe present works, based on a well defined method, set up rules of conflicts of law about evidence in international private law. Each solution is presented in comparison with works of other authors, decisions of French Supreme Court, and international texts, such as Rome agreement
Sorzana, Nathalie. "Le régime juridique applicable au sous-sol". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0486.
Texto completoArticle 552 of the Civil Code provides that the property of the soil embraces the property of what is above and underneath it. This provision consecrates the existence of the subsoil on the legal scene and links the fate of the subsoil to the one of the soil. The legislator wished to grant a right which is deployed in space. This creates a connection at least a dependence of the subsoil towards the soil, if not even a submission. The debate is based on the intensity of the link between the soil and the subsoil. The search for the legal regime applicable to the subsoil necessarily requires to think about the force of attraction that the soil has. Possessing an absorbing power, the latter seems to be able to determine the legal regime applicable to the subsoil, thus preserving the unity of the real estate. However, their apparent dependence should be nuanced and the unitary perception fades because of the subsoil’s specificities. Indeed, the understanding of the legal regime applicable to the subsoil requires to consider other elements revealing the particularities of the subsoil. It contains many wealth which could lead to a modification of the object of the real estate property. Examples of the dissociation of real estate property, organized by law or will, are profuse and lead to a weakening of dependency links. The presence of mines or archaeological remains is an eloquent illustration since the property of the subsoil is then subtracted from the power of the owner of the soil. This study which oscillates between dependence and autonomy, will endeavor to demonstrate the particularities of the subsoil which cannot be defined only by its relation to the soil
Carvallo-Diomandé, Aya Henriette. "L'action humanitaire en cas de catastrophes : droit applicable et limites". Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3008/document.
Texto completoHumanitarian action has seen such an exponential growth in international society in recent years that humanitarianism seems to be carrying increasing weight in international relations. Some of the main examples of this phenomenon are the increased number of humanitarian resolutions passed by the United Nations, the creation of an international court of justice to reprimand violations of international humanitarian law, the emergence of a sense of responsibility to ensure protection by means of force for humanitarian purposes, and the development of non-governmental organizations. However, the scope of these recent developments in humanitarianism, on both the normative and operational levels, needs to be put into perspective. Indeed, while the shortcomings of Geneva law fully justify the emergence of New York law, this essentially declaratory law faces real challenges in overcoming the short comings in Geneva law. Further more, humanitarian action as it has been carried out in recent years gives rise to a number of legal questions relating to the conditions under which such action is taken. This study aims at analyzing the developments and limits of the humanitarian action legal framework, in order to put forward proposals for improving the legal position of the victims of humanitarian disasters
Baalouk, Benachir. "La Loi applicable aux contrats en droit international privé marocain". Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb375940946.
Texto completoArrassen, Nounja. "Réflexions sur le droit applicable aux investissements étrangers au Maroc". Thesis, Paris 9, 2012. http://www.theses.fr/2012PA090059.
Texto completoTo ensure sustainable economic growth, Morocco mobilizes various funding resources such as foreign direct investments. Among the determinants of these), there is political stability, of which Morocco is a model, but also the existence of legal standards making their realization easier. By these facilities, is real policy of attractiveness is aimed. For that purpose, various legal instruments, sometimes restrictive, sometimes liberal, have been adopted since the independence, according to legitimate concerns that foreign capital may raise in certain circumstances. These instruments, which ultimately constitute the Moroccan foreign investment lax, vary from general and special provisions to multilateral and bilateral conventional instruments. This study, without exhausting the subject, makes a dynamic presentation of these instruments regarding two main dimensions of an investment process: entry and exit. The first captures the richness of the normative framework related to foreign investments’ reception, whereas the second highlights in case of their exit, either contentious or not
Duval, 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
Lissarrague-Levade, Karine. "La détermination du régime applicable au contrat de travail international". Toulouse 1, 1999. http://www.theses.fr/1999TOU10058.
Texto completoRojas, Tamayo Daniel Miguel. "Le droit applicable au contrat en droit international privé colombien. Etude comparée, critique et prospective". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020006/document.
Texto completoColombian private international law remains in thrall to a public-law inspired approach resting on the principles of territoriality and sovereignty. These principles, which have been abandoned since the beginning of the twentieth century in comparative private international law, still form the basis of the choice-of-law rules for contractual matters found in positive law. Even though the courts have also used methods that are similar to others put forward more recently in the United States and France, the Colombian system does not offer satisfactory solutions to the issues raised by international situations, particularly in contractual matters. Colombian private international law therefore needs to be rethought. In this respect, it is possible, on the basis of existing texts in Colombian law, to justify both the transformation of the approach and the adoption of new solutions. As far as contracts are concerned, a favorable trend towards the consecration of the freedom of choice of the applicable law as a solution of principle can actually be identified within the Colombian legal order. Indeed, this solution aligns with the constitutional principle of internationalization and is compatible with the role recognized to private initiative in Colombian law. Choice of law, which is widely used in comparative international private law, is also favored by international institutions. In 2015, The Hague Conference thus published its Principles on the choice of law applicable to international commercial contracts. This non-binding instrument can provide inspiration for the development of a choice of law regime in Colombian law
Azzi, Tristan. "Recherche sur la loi applicable aux droits voisins du droit d'auteur en droit international privé /". Paris : LGDJ, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/485070537.pdf.
Texto completoAmbogo, Mouaragadja Nelly Ludmilla. "La réglementation juridique applicable aux prestations en logistique : entre droit commun et droit sui generis". Thesis, Normandie, 2020. http://www.theses.fr/2020NORMLH03.
Texto completoThe changes that have taken place in the transport business following the appearance of the network company have favoured the growth of new players in the supply chain. As true coordinators of the entire chain, logistics providers have diversified their service offer. From carriers, they have extended their skills to the global control of the end-to-end supply chain, definitively freeing themselves from the transport qualification of the contract that binds them to their customers. Without a legal status, logistic service providers face the silence of the doctrine on the question of the nature of the contract and the legal regime applicable to it. The disinterest of jurists on the issue stems from their ignorance of the logistics whose contours still struggle to be controlled. One of the few solutions proposed is the development of an autonomous status of contracts for the provision of logistics services or the extension of the transport contract regime to these contracts. However, by resorting to the identification of their characteristic performance, it appears that they do not fall under the law of transport but common law, invalidating the thesis of a qualification sui generis
Azzi, Tristan. "Recherche sur la loi applicable aux droits voisins du droit d'auteur en droit international privé". Paris 2, 2000. http://www.theses.fr/2000PA020086.
Texto completoChantebout, Vincent. "Le principe de non révision au fond des sentences arbitrales". Paris 2, 2007. http://www.theses.fr/2007PA020016.
Texto completoLagarde, Xavier. "Recevabilité et fond dans la théorie du droit de la preuve". Paris 1, 1992. http://www.theses.fr/1992PA010290.
Texto completoThe law of evidence is usually defined as a body of rules providing for the discovery of judicial truth. This work analyzes in depth the mechanisms at play in the law of evidence (burden of proof, rules governing admissibility), using as a tool, the distinction between showings to be made against dismissal and showings required to win a case on the merits. The results yielded by this analysis challenge the traditional definition mentioned above and mandate that another be considered : the actual purpose of the law of evidence is to increase the legitimacy of judicial decisions, by seeking adherence thereto from those whom this body of rules addresses
Mebroukine, Ali. "Droit applicable aux marchés internationaux des opérateurs publics algériens et l'arbitre". Paris 2, 1988. http://www.theses.fr/1988PA02T070.
Texto completoMebroukine, Ali. "Droit applicable aux marchés internationaux des opérateurs publics algériens et l'arbitre". Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37616063x.
Texto completoKatsivela, Maria-Eleftheria. "Multimodal carrier liability in the United States and Canada : towards uniformity of applicable rules ?" Nantes, 2004. http://www.theses.fr/2004NANT4008.
Texto completoFrom its inception, intermodal transport of goods has served trade, shippers and carriers, radically increasing transactions of goods worldwide. Multimodal carrier liability rules, however, have not evolved with the same rhythm and remain fragmented cross-modally and cross-country. This is also the case of the U. S. And Canada. The need to seek uniformity of applicable rules in these two countries led us to the comparative analysis of unimodal (land-ocean) rules in these two countries. Guided by past failed initiatives (1980 United Nations Convention on International Multimodal Transport), the European intermodal reality, transport deregulation, pragmatism, fairness in the relation between the carrier and the shipper and Law & Economics principles, we used harmonization, codification and contractualism in advancing our suggestions on uniform multimodal carrier liability rules
Carré, Dobah. "La loi applicable aux tranferts de biens virtuels". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D015.
Texto completoMulti-player virtual worlds are three-dimensional games. Over the past few years, players have been engaging in various activities involving the transfer of virtual objects that they have themselves created or purchased in these virtual worlds and over which they claim ownership. The objects, called “virtual goods”, exist only in the online world and may take any number of forms (e.g. avatars, space ships, etc.). Although the market for virtual property has important economic, social and legal impacts on consumption, these “goods” are neither recognized by the law, nor protected by North American or European legislation or jurisprudence; only the licensing contracts drafted by the developers regulate their uses. However, conflicts that arise in this domain may grow very complex since virtual interactions give rise to a great variety of activities and create legal relationships between the cybernauts who meet in the virtual environment of cyberspace although they may bephysically located on either ends of the planet. Thus, the adverse effects of these activities may manifest themselves outside of the cyber environment. Since the virtual world and the physical world are interconnected in these cases, we have to ask the following question : what law should apply to the transfer of the “virtual goods”In order to answer contentious questions that arise under private international law, one must first go through the initial step of juridically qualifying the objects in question, here the virtual goods, in order to be able to assign them to a specific legal regime and to the specific conflict of laws rules that apply under that regime. Virtual goods – inherently immaterial – do not really exist:they are graphic representations of source code embedded in the software of the virtual world. Thus, the legal characterization of the virtual objects as “property” is controversial under civil law because it depends on whether one adopts a strict (traditional) concept of property law or a more expansive (modern) concept. Even if virtual goods were to be recognized under property law, since the conflict of laws rules applicable to property law place a lot of importance on the physical location of the property in order to determine the legal attachment, this renders the search for a solution to the conflict of laws in this area very difficult. Application of the principleof contractual autonomy therefore provides greater scope in determining property rights, butthis solution may not be satisfactory to third parties. Thus, it is useful to turn to the contemporary doctrine that criticizes the general application of the rule of physical attachment to particular and novel contexts that present difficulties in determining the location of the property and instead applies the intellectual property regime which is specifically designed to deal with incorporeal goods. Copyright law is better suited to virtual goods as creations of the mind since its application is not hampered by the non-existence of the goods and because the conflict of laws rules applicable to traditional copyright lawprovide international protection for copyrights
Ringot-Namer, Constantin. "La loi applicable à la responsabilité du fait des produits". Thesis, Université de Lorraine, 2020. http://www.theses.fr/2020LORR0125.
Texto completoDetermining the applicable law to products liability requires to resolve the complex issue of the appropriate connection. In France, where The Hague Convention of 2 October 1973 has been into force for forty years, the question of the appropriate bilateral connection is more acute with the introduction of the article 5 of the Rome II Regulation. Would this not be a good opportunity to further the debate about the appropriate connection for products liability? Is this new connection more relevant than the Convention’s one? Is the introduction in the French legal landscape of a new bilateral choice-of-law rule for products liability not an invitation to ask whether a specific connection for products liability is needed? Is the lex loci delicti rule not enough when it comes to a damage caused by a product? Besides, when compared with the United States model, one could even subversively argue whether to set general choice-of-law principles so to let the juge resolving the conflict of laws issue on a case-by-case basis. Undoubtedly, since the introduction of the article 5 of the Rome II Regulation within the French legal landscape the research of the appropriate connection is to be led again. But identifying the appropriate connection is not enough to determine the law to products liability. Assuming that such a connection is identified, could it be easily applied before a French judge? Would it not be in competition with the transposing acts of the 1985 Directive as overriding mandatory provisions? Would its application not interfere with the free movement of goods within the European Union? How could it be applied in the context of an existing conflict before the French judge between the Hague Convention of 2 October 1973 and the article 5 of the Rome II Regulation? Would this connection be compatible with the collective nature of the French class action? As we can see, determining in an appropriate manner the applicable law to products liability before the French judge requires not only to settle the renewed debate of the appropriate connection but also to face new challenges concerning the application of the connection
Desmarais, Miriam. "Le droit applicable aux chemins forestiers du Québec dans une perspective de protection de la biodiversité". Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/29393/29393.pdf.
Texto completoKober, Gabriela. "La loi applicable en matière de vente internationale de marchandises". Paris 2, 1990. http://www.theses.fr/1990PA020077.
Texto completoThe hage convention of 1985 is an opening symbol that contributes to the building of international private contract law. It perfections the rules setted by the convention of 1955 by actualizing and asserting the former solutions. Looking for the balance between the different juridical systems, it keeps the principle of autonomy law in a subtile combination of objective and subjective conceptions. Manifestly, this convention appeals to the proximity theory and, this way, it agrees to dominant ideas of most of the common law countries. It also ratifies the common dominant ideas over "policy law" and "depecage", but in this chapter, the convention attracts the critics for having neglected foreing policylaws and not mended the excesses of "depecage". The convention constitutes a very important agreement over the sphere of the unification of international sale of goods. Having in mind the number of states and the great effort they have made at the time of its elaboration, we do wish et will receive universal consens. Our effort has consisted on nanlysing the hage convention on the whole, from the point of view of private international law rules belonging to france and argentina. Unfortunately for the last country, the study has been tactfully avered in rason of the extreme poverty of juridical literature on this field
Motulsky-Falardeau, Antoine. "Le délai de prescription applicable à l'exécution d’une sentence arbitrale étrangère au Québec". Thesis, Université Laval, 2014. http://www.theses.ulaval.ca/2014/30336/30336.pdf.
Texto completoBettems, Denis. "Les contrats entre Etats et personnes privées étrangères : droit applicable et responsabilité internationale /". Lausanne : Méta, 1988. http://catalogue.bnf.fr/ark:/12148/cb410201845.
Texto completoBunel, Jean-Dominique. "L'amnistie des crimes de masse applicable à de "simples exécutants"". Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111017.
Texto completoInWhen the people finally emerged from an internal or international armed conflict, which resulted in lasting years of suffering and injustice, peace agreements between former opposing parties (most often the government and representatives of rebel forces) almost always included an amnesty for mass atrocities com-mitted by a large number of their supporters.Thus, since the early 20th Century, dozens of states, mainly in Latin America and Africa, adopted such measures, which assumed a polymorphic character.These amnesties, mainly directed to « low level participants » in serious violations of international humanitarian law, were often adopted by political autocrats seeking to consolidate their power, or to arrange an honourable way out. This type of amnesty, viewed as « villainous » is in complete contrast to « virtuous » amnesties adopted by democratic leaders who considered them the most appropriate option to ensure the reconciliation between communities, and to restore the rule of law in their country, given circum-stances.Both types of amnesties however, are prohibited by international conventions because the international community commits itself to struggling against impu-nity for war crimes and crimes against humanity; declared inalienable, which cannot benefit from any public leniency. The perpetrators of such serious violations of criminal humanitarian laws must be punished by all States in the name of their « universal jurisdiction ». This mind-set on the illegitimacy of amnesties for international crimes however, often encountered pressures from the military.Taking into account the aspiration of peoples’ priority for a return to peace and security, even at the expense of the rights of victims to truth, reparations and judi-cial proceedings, the international community often composed with these requirements to adopt a « respon-sible behaviour ». It is even more strongly enforced by the United Nations, as no satisfactory alternative to amnesty granted to « low level perpetrators » was offered by international criminal jurisdictions. As for the domestic courts of post-conflict countries, they generally offered no guarantee of efficiency and impartiality
Callus, Thérèse. "Étude comparative de la construction d'un droit applicable à l'assistance médicale à la procréation (France - Grande-Bretagne)". Paris 10, 2001. http://www.theses.fr/2001PA100182.
Texto completoIt is indeed for the law to provide society with the mechanisms to curb the techno-scientific control of assisted reproduction. Through a comparative approach between the French civil law system and the English common law system, this study will examine the appropriateness of the present situation and the difficulties that the law must cope with. The first part of this study will examine the issues common to both countries which are raised by the adoption of a legal framework. As the vector of social organisation, the law needs to strike a balance between the different interests present in the today's societies. Furthermore, confronted by the controlling influence of scientific progress, civilised societies seek to protect fundamental values such as human dignity. However, reference to human dignity implies looking beyond national frontiers. .
Le, Magueresse Catherine. "Les femmes victimes de violences sexuelles masculines confrontées au droit pénal de fond". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D069.
Texto completoBy disclosing the sexual violence they endure, women expose the rights that perpetrators claim and the power they wield. Penal law dealing with sexual violence therefore requires that legislators and judges take a stand as to those rights and power. This research analyzes, from a feminist perspective, how penal law and the legal system comprehend sexual violence such as rape, sexual assault and sexual harassment. Relying on international law and a comparative approach, it considers how our legal system could be changed to provide justice for women
Guicherd, Sophie. "Le régime juridique applicable aux dysfonctionnements du logiciel". Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND009.
Texto completoThe software is a particular object whose magnitude of the consequences related to its specificity is not always measured. The objective of this thesis is to discover the rules applicable to software when it does not fulfill its duties. Although intangible, and creation tool, it is a perfect reflection of a duality which subjects it to intellectual property as well as the law of obligations. Taking into account its specific nature, this thesis proposes to explore the legal regime applicable to software malfunctions, studying both the existing legal systems, jurisprudence, and contractual practice confronted with software failures. In this regard, the use of the proposed rules is only the first step in understanding the system, particularly with regard to determining the obligations and responsibility of stakeholders. In fact, rigid concepts of existing rules does not resolve all the legal difficulties it causes. In the end, so it is essentially in the resources of the contractual practice it is important to seek answers to the questions raised by software malfunctions. Unusual object, both creation and tool, the principles applied to software result from more temporary borrowing than a predetermined legal category. Therefore applicable to the software malfunctions, legal regime would it not marred by an insecurity that only take into account the general civil law would be likely to reverse
N'Drin, Alexandre Yao. "Le droit pénal applicable aux mineurs : étude comparative des droits français, ivoirien et sénégalais". Paris 8, 2012. http://www.theses.fr/2012PA084239.
Texto completoIn this thesis, we considered the responsability of minors in its relations with the French criminal law, Ivory Coast and Senegal. Retaining only the definitions of criminal policy of authors such as Marc ANCEL, Christine LAZERGES, Pierre ARPAILLANGE, François TULKENS, Mireille DELMAS-MARTY, Eloi Yao KOUAKOU, we concluded that there is also a criminal policy on juvenile delinquency, be it embryonic Ivory Coast and Senegal In general, three patterns of criminal policy and are available in all three countries, they are more or less similar depending on the status of minors in society. The historical development of juvenile criminal law in these three countries, despite their different socio-cultural and geographical highlights similarities, in those legislators Ivory Coast and Senegal are struggling to separate from the French system. We then showed how, through the criminal Codes and criminal procedure Codes, the French legislators Ivory Coast and Senegal have made the choice of criminal policy, and by legal means or methods they treat juvenile delinquency
Matip, Alphonse. "Le droit français de la responsabilité civile des médecins est-il applicable au Cameroun ?" Paris 8, 2006. http://www.theses.fr/2006PA082696.
Texto completoModern and traditional medicine co-exist in Cameroon today. Medical law is in the process of evolution. We think that the notion of responsibility is above the law ; it goes beyond it because it is defined in the spirit and the terms of its applications. It is not a legal text that defines professional consciousness each time a doctor intervenes with a patient. In France the law of March 4, 2002 reinforced patients’ rights and their awareness. In case of possible medical error in Cameroon, the cameroonian legislator is unable to determine the responsibility
Dorveaux, Lionel. "Le régime juridique de la forêt : état du droit applicable à la forêt en France et du droit forestier luxembourgeois". Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0338/document.
Texto completoFrench and Luxembourg forests are economic areas for the production of wood products. Public forests and private forests are not subject to the same legislative framework. This explains the differences in forest management policy according to forest ownership in the planning and management phases, and in the implementation of forestry and harvesting operations. Also, forest multifunctionality is of great environmental importance in the broadest sense. Sustainably managed forested areas protect biotic and abiotic factors. Although forestry law was specifically intended to protect wood products production capacity, it appears at present to be a preventive and repressive tool to support the achievement of forest-related economic, ecological and social missions. In addition, the complex relationship between forests and society demands constant reevaluation of the importance and organization of public access to forest areas. Sharing a common history, France and the Grand Duchy of Luxembourg have adopted analogous theoretical approaches to forest legislation. This is brought into focus by the revealing nature of sectoral differences as to the stakes at issue and concerns faced by forest managers to ensure the sustainability of the forest, of its component species, of its habitats and the living environment it offers
Verhagen, Hendrikus Leonardus Engelbertus. "Agency in private international law : The Hague Convention on the law applicable to agency /". Dordrecht : The Hague : M. Nijhoff ; TMC Asser instituut, 1995. http://catalogue.bnf.fr/ark:/12148/cb37761452c.
Texto completoPapadima, Raluca. "La convergence en matière de droit applicable aux sociétés cotées de l’Union européenne : qui s'assemble se ressemble". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020038.
Texto completoListed companies are a world apart. There are approximately 5 000 companies listed on the regulated markets of the EU stock exchanges. Although they represent less than 1 % of the European businesses, their market capitalization amounts to more than 70 % of GDP. Because they have a systemic importance for the economy, the comprehension of their legal regime is crucial. We first establish the boundaries of the applicable law, starting from the supranational level because EU law represents the most important source of both convergence and divergence. This method allows us to establish if the supranational level should extend to new areas of regulation or push for further the harmonization in the areas already regulated and to make predictions regarding the probable or desirable future directions of the regulations. We then analyze the causality of convergence, which shows three main types of convergence : imposed, by pressure and by approximation of the factual circumstances of the environment in which EU listed companies operate. We conclude that presently there is a convergence of national regulations applicable to EU listed companies despite only partial harmonization at the supranational level and that this convergence will deepen as a result of its forces and factors of causality. This conclusion reinforces the arguments for a reorganization of national laws based on a new summa divisio between listed companies and non-listed companies
Alfadel, Abdessalam. "La loi applicable au contrat de travail international : étude comparative du Règlement Rome I et du droit international privé jordanien". Reims, 2010. http://www.theses.fr/2010REIMD001.
Texto completoThe growing internationalization of the employment relations leads us to wonder about the question of the law applicable to contract of employment. Contrary to Jordan law, the article 8 of the Rome I Regulation devotes specials rules of conflict of laws for this contract. An individual employment contract shall be governed by the law chosen by the parties. Such a choice of law may not, however, have the resulted of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have been applicable. In this hypothesis, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract. Where the law of this country cannot be determined, the contract shall be governed by the law of the country where the place of business through which the employee was engaged is situated. If the contract is more closely connected with other country, the law of this country shall apply. In spite of the existence of certain observations concerning the articulation and the interpretation of the dispositions, this resolution seems today the most appropriate to govern the contract of employment
Albornoz, María Mercedes. "La loi applicable aux contrats internationaux dans le pays du Mercosur". Paris 2, 2006. http://www.theses.fr/2006PA020007.
Texto completoEdynak, Elsa. "Le droit international applicable à l'océan Arctique : l’adéquation d’un ensemble juridique complexe à un espace spécifique". Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR139.
Texto completoClimate change and the disruption it implies in the Arctic have really renewed the interest in this space. This raises issues of different scales (both regional and global), but also of different natures (economic, political, social, environmental), which constitute as many legal issues and question the relevance of the applicable law. However, and this is the main legal issue here: the existing legal framework is extremely complex, whose consistency and relevance concerning the region have been widely questioned. But to this unique problem - com-plexity - the authors do not seem to agree on the solutions to adopt. These differences underline the interest to determine whether the legal framework for the Arctic Ocean can be considered as "adequate" in the sense that it would enable a management that meets the criteria of a satisfying legal system. Regarding the method, the study demanded to put the apparent disorder in order. To this end, systematization was necessary; it was done through the creation of a synoptic table analyzing all the standards of international law applicable to the region,. In conclusion, despite its diversity, the legal framework can nevertheless be considered satisfactory from a substantive (completeness) and formal (coherence) point of view. Beyond simple coherence, the current cons-truction of an Arctic law leads to the identification of an scheduling process at the regional level, this framework resembling more and more a real "legal system". This regionalisation is legally essential. Nevertheless, it must be recognized that it does not ensure the worldwide action which remains essential in the face of the global problem that is climate change. If it constitutes a probably necessary step, it represents above all an additional step in this generalized implementation and therefore reinforces the fragmentation of international law, and its complexity
Deschamps, Jean-Louis. "1838-1990 immobilisme ou mutation du droit ? : origines et fond premier de la législation française en matière de psychiatrie publique". Grenoble 2, 1991. http://www.theses.fr/1991GRE21015.
Texto completoIn fact this thesis is a detailed study of the french medico-judicial system, system in force during one hundred and fifty years, since the law of june 30 th. 1838. The late abrogation of this law and its substitution by the law no 90-527 of june 27th. 1990 has changed nothing. The new enacting part takes again the principles of proceedings sets by the legislator in the year1838 and is limited to a modernisation of the initial text with an adjunction of some minor improvement altering not the general scheme constituting the judicial frame of the french psychiatry since "la monarchie de juillet". The aim of this thesis is to affirmate the existence of a medico-judicial for the public psychiatry and to demonstrate its utility. This thesis allows to penetrate into the knowledge of this original medico-judicial conception and to follow the slow evolution of the ideas till their survival. Sometimes under another appelation in the disposition of the law no 90-527 of june 27th. 1990 these conceptions are complex, if some of them are relatively recent, they take root in a same story. The psychatry, medical, institutionnal and specific discipline stays faithfull to its story and will stay still more. The public psychiatry presents itself directly as a matter of public law behind the
Esaade, Kholood. "Centralisation de la justice civile : proposition de degré unique pour tribunaux du fond d'aptitude générale en droit français et en droit lybien". Poitiers, 2011. http://www.theses.fr/2011POIT3021.
Texto completoIn the aim of making justice simpler, faster and undoubtely fairer or, at the least more effective, this study brings a reflection on the ways to reform the fundamental concepts of civil justice. For that purpose we suggest reducing the judicial hierarchy - for proceedings on the merits - to a single degree. This judicial hierarchy would be based on two levels : the first one to render a decision on the procedure and the merits and the second one to verify the exact application of the law by the court. This could entail the abolition of the smal courts and the Courts of appeal. .