Tesis sobre el tema "Droit des biens – Koweït"
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Almutairi, Thmer. "La propriété indivise : étude comparative entre le droit français et le droit koweitien". Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0012.
Texto completoSince 2006, joint ownership has undergone significant adjustments. The reforms of the joint ownership regime have naturally given rise to lively doctrinal debates. Some authors maintain that they have contributed to personifying joint ownership in that they have abandoned the rule of unanimity for certain acts, which would bring joint ownership closer to the company. For other authors, these reforms simply aim to facilitate the management of joint property, and have no particular theoretical impact. In any case, it seems that there is a legislative trend, even indirect, towards a personification of joint ownership. The rapprochement would have taken place in two phases: first, the 1976 law established conventional joint ownership, and secondly, the 2006 law completed the movement with new legislative contributions. According to Professor ZENATI-CASTAING, there would thus be a natural tendency of the law to personify all forms of co-ownership, which would make it possible to make them individual properties more in line with the French conception of property law. Indeed, the personification of joint ownership can resolve the problem posed by the principle of exclusivity of the right of ownership between joint owners, since a legal entity would become the exclusive owner. Comparative law. The Napoleonic conquests carried out in Egypt had an impact on Kuwaiti law. Indeed, Egyptian law, which was inspired by the French Civil Code of 1806, strongly influenced Kuwaiti law in the creation of its legal rules. Despite the influence of the Napoleonic Code on Kuwaiti law, manifestations of the personification of joint ownership, including the majority rule that appeared in France in 2006, already existed in Kuwaiti law when civil law was introduced into the state legal system in 1980. But this inclination of Kuwaiti legislation towards a personification of joint ownership has ended. While joint ownership has been the subject of numerous reforms in France that have given it a modern regime, Kuwaiti law relating to joint ownership has, on the contrary, remained stable since the 1980s. The objective of this thesis is therefore to analyze the position of the French legislator and its Kuwaiti counterpart on the issue of the personification of joint ownership. In short, is personification the future of joint ownership ?
Almane, Adel. "La conception musulmane des peines et le droit koweitien". Poitiers, 1998. http://www.theses.fr/1998POIT3001.
Texto completoAlenezi, Mordhi. "Contrat électronique et protection du consommateur en droit français et en droit koweïtien". Strasbourg, 2010. http://www.theses.fr/2010STRA4001.
Texto completoThe interest which dresses the e-commerce in a globalized economy makes no more doubt. Rules applicable to the electronic contract are henceforth known. However when the notion of electronic contract is evoked, it is impossible to neglect the protection of the cyber consumer. He is all the more vulnerable as he is going to make a commitment in a dematerialized and international environment. The guarantee of legal security which owes datum to the cyber consumer gets free throughout the contractual process. The consumer protection has to be made during the offer and the electronic acceptance in particular by the obligation of information and the proof of the consent of the consumer. Secondly, it is made during the execution of the mutual obligations of the parties and during the birth of disputes. These disputes have an international vocation due to the absence of any physical contact of the parties on the Internet network, where from the importance of the determination of the applicable law and that of the competent jurisdiction
Rayna, Thierry. "Les biens numériques comme biens publics durables". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32016.
Texto completoThe last decade has seen the advent and growth of two strongly linked phenomena which have led to important changes in the worldwide economy. The first is the development of the digital economy, based on the digitalisation of previously existing goods and on the development of new purely digital goods. The second is the development and generalisation of consumer piracy. The link between these two phenomena is clear, since nowadays consumer piracy is almost entirely related to digital goods. Since the issues of digital goods and piracy cannot be dissociated, this thesis has a dual objective. The first aim is to investigate the nature of digital goods and the impact of this nature on the economy. The second aim is to understand the cause of consumer piracy and the effect of piracy on the economy. It is shown that the digital nature of digital goods gives them the following economic characteristics: they are public goods, durable goods and experience goods. It is also be demonstrated that consumer piracy is a direct result of the public characteristic of digital goods and that, as such, piracy is also an economic characteristic of digital goods. The goal is, then, to analyse how the decisions of the economic agents – consumers, firms and governments – are affected by the different economic characteristics (including piracy) of digital goods and how these decisions may, in turn, change these characteristics
Al-Anzi, Abdul Aziz. "Présent et avenir de la prison dans le système des peines au Kowei͏̈t". Poitiers, 1998. http://www.theses.fr/1998POIT3009.
Texto completoSimler, Christel. "Droit d'auteur et droit commun des biens". Université Robert Schuman (Strasbourg) (1971-2008), 2008. http://www.theses.fr/2008STR30025.
Texto completoTraditionally, ownership and possession are presented as being reserved for tangible things. Real rights are in limited number. A thing is not supposed to be the object of simultaneous appropriations. A study on authors and property laws allows to deny these assertions. The rights confered by the Intellectual Property Code upon the author of a work are the attributes of the property such as defined in the article 544 of the Civil Code. This property, as any property, manifested itself by its possession, possession which has probation effects and acquisition effects of rights. The property right of the author is capable of multiple divisions. The work may be subject of simultaneous appropriations. A work is a thing object of ownership such as defined in the Code civil. Therefore, some rules of property law are applicable and can complete the special law. However, the application of property law should not be systematic. Some rules of the special law or the immateriality of the work justifie that article of the Civil Code can not be applied
Alkandari, Abdulkarim. "Droit de la gestion collective de l'épargne : approche comparative entre droit Français et droit Koweitien". Strasbourg, 2011. http://www.theses.fr/2011STRA4026.
Texto completoThe Undertakings for Collective Investment in Transferable Securities Directives represents in France and in Kuwait an important and increasing role in savings. France is located at the forefront of the European and world wide industry of collective management, while Kuwait is considered to be one of the largest financial markets in the Middle East. This thesis discusses the differing approaches of the SICAV and FCP in France and of FILK in Kuwait, citing the roles of different parties such as, the financial management team, the Financial Markets Authority, the custodians and the auditors. It describes their operating rules in regulations applicable to mutual funds for collective management. The "Subprime" financial crisis resulted, in essence, in a legal movement that participate in the development of the field of UCITS. It allows us to uncover, through this research, the essential changes introduced by this new legislation
Papandreou-Deterville, Marie-France. "Le droit anglais des biens /". Paris : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/388931191.pdf.
Texto completoAl-Hamoud, Ibrahim. "La phase administrative du contentieux de l'imposition au Koweit". Limoges, 1989. http://www.theses.fr/1989LIMO0411.
Texto completoIt should be noted that this phasis represents the first stage of finance trial. For this reason it is natural to think that the tax payer and the administration authority have to respect the proceedings established by the taugiver kuwaiti. It has also been noted that this period of contentious is the major link of communication between administration and tax payer. Tax payer benefit depended more on len, on his participation in this phasis
Thebault, Déborah. "Les biens publics en droit anglais". Thesis, Université Paris Cité, 2019. http://www.theses.fr/2019UNIP5034.
Texto completoAgainst the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law. This is inaccurate. This thesis aims to demonstrate the existence of a substantive public law in the English legal system. It does so by identifying a number of public assets. Substantive public law should be distinguished from judicial review, which is not substantive but procedural public law. The substance of English public law lies in a multitude of rules that deviate from the rest of the legal system. These rules are found not only in common law and equity, but also in statute and in delegated legislation. From the analysis of these derogative rules, it appears that public assets enjoy privileged legal treatment. This is triggered either by the "publicness" of the asset, such as the Crown or the public itself, or by the pursuit of the public interest, regardless of the public nature of the owner. My research reveals two sets of substantive public law rules applying to public assets. The first comprise adverse possession when applied to Crown lands and town or village greens. The second set encompasses charities, and assets owned by privatised services
Papandréou, Marie-France. "Fondements du droit anglais des biens". Université Robert Schuman (Strasbourg) (1971-2008), 1996. http://www.theses.fr/1996STR30014.
Texto completoThough the english law of property has traditionally been divided into real property and personal property, it seems more appropriate to study it under two other headings. Indeed the regime which is applied to things varies according to whether they are considered in themselves or as changing elements of a fund. In the first situation, the things, land or goods, are to be used, enjoyed and disposed of ut singuli ; they are governed by the notions of possession and property (ownership) and they know the various divisions of property, i. E. Leases and tenancies, easements and profits a prendre, restrictive covenants and licences as well as securities. On the other hand, the things comprised in a fund represent wealth and must be managed so that their value can increase. The trust is the institution which gives the fund its structure by separating the propertymanagement of the trustee from the property-enjoyment of the cestui que trust
Gijsbers, Charles. "Sûretés réelles et droit des biens". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020088.
Texto completoProperty, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency
Demonte, Karine. "La spécialisation du droit des biens". Thesis, Avignon, 2011. http://www.theses.fr/2011AVIG2030.
Texto completoThe movement of the specialization of the law of the properties reveals all the wealth of this discipline.More exactly, the specialization of the law of the properties arouses numerous disorders and brings profound enrichments to the common law of the properties.This phenomenon of « specialization of the law of the properties » appears and is perfectly translated through the swarming of rights which exists outside of the civil code today. From then on a metaphor is outlined that of an atom where a multitude of electrons revolves around their nucleus.The joint of « the special law of the properties » and of the common law of the properties demonstrates the extraordinary plasticity of the guiding principles of the civil code, showing there fabulous springs which concentrates always today the civil code
Al-Fuzae, Anwar. "La protection sociale au Koweit : étude de l'assurance-pension". Montpellier 1, 1987. http://www.theses.fr/1987MON10037.
Texto completoSocial security scheme in kowait has been recently introduced. It represents a system of income substitution dealing only with physical risks : illness, infirmity, old age, death. In a first time, this study is concerned with the legitimacy of private insurance, and particulary social security schemes, in the moslem legislation. To answer this first question, we reed to figure out a situation of coexistence between an islamic system of social security and the new system of pension insurance. In a second time, we have to consider the buttering of the present system by rationalizing and generalizing tax-money and by the forsaking of some techniques. The democratisation of management, and the variation of receipts, the creation of special commissions to settle quarrels relative to the application of social security, wich governs the circumstances of succes of this system
Chamard, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics /". Paris : Dalloz, 2004. http://catalogue.bnf.fr/ark:/12148/cb39146540p.
Texto completoLaroche, Maud. "Revendication et propriété : du droit des procédures collectives au droit des biens /". Paris : Defrénois, 2006. http://catalogue.bnf.fr/ark:/12148/cb40972321r.
Texto completoBalivet, Béatrice Mallet-Bricout Blandine. "Les techniques de gestion des biens d'autrui". Lyon : Université Lyon 3, 2005. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2004/balivet_b.
Texto completoNicolas-Courtier, Anne-Sophie. "Le Patrimoine, du droit des personnes au droit des biens". Rouen, 2005. http://www.theses.fr/2005ROUED003.
Texto completoChamard-Heim, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics". Lyon 3, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098903.
Texto completoHayat, Meshal. "L'instituteur et la responsabilité civile en droit français et kowei͏̈tien". Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30015.
Texto completoIn France the responsibility of the schoolteacher bases itself on the law of April 5th, 1937, the art. 1384 a1 8 of the Civil code and the art L 911-4 of the Code of the education stemming from the prescription n°2000-549 of June 15th, 2000. The victim who has to steer her action exclusively against the State will have to prove the fault of the schoolteacher (defect of surveillance) with the courts of the judicial order to hope to obtain repair. The responsibility of the State substituting itself for that of the schoolteacher public and deprived that it is about a personal fault or about a service of the schoolteacher. In Al Kuwait the victim has the choice to assign at the same moment the State and the schoolteacher (whom the fault is presumed) even if he is public. In both countries, the State can exercise in certain cases an appeal against his schoolteacher. This action lapses by three years as from the realization of the damage according to the French law and as from the knowledge by the victim of the damage according to the Kuwaiti right
Maleki, Patricia. "La légitime défense des biens". Nice, 2002. http://www.theses.fr/2002NICE0008.
Texto completoAgostini, François-Xavier. "La jouissance des biens". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0538.
Texto completoThe demonstration tends to prove that the enjoyment of possessions exists as a concept, which does not change in its essence, whether this one is experienced by the french categories of "droits réels" or "droits personnels" of enjoyment. The definition of enjoyment previously requires us to perform comparisons with other fundamental notions like property or subjective rights. Indeed, like property, enjoyment has proper characteristics. Enjoyment is only conceivable on someone else's property, which causes an ensemble of criteriums, genereted by the relationship with the owner. All these elements define the common regime of the notion and allow its revelation. After establishing the existence of the notion we will study the differents rules governing the constitution and the exercice of the rights of enjoyment
Mercier, Virginie. "L'apport du droit des valeurs mobilières à la théorie générale du droit des biens". Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32032.
Texto completoParance, Béatrice. "La possession des biens incorporels". Paris 1, 2003. http://www.theses.fr/2003PA010301.
Texto completoKan-Balivet, Béatrice. "Les techniques de gestion des biens d'autrui". Lyon 3, 2004. https://scd-resnum.univ-lyon3.fr/out/theses/2004_out_balivet_b.pdf.
Texto completoIn answer to the needs of persons who, for certain reasons, do not want or must not manage their own property, the law provides a large range of legal instruments. Though these institutions are almost always ruled by specific dispositions (but not comprehensive), no general theory can be found in the civil Code. Neither do Academics deal with the subject in a comprehensive manner, even though they seem to agree with a single tool of other's property management, based on the concepts of power, the représentation. The author intends to defend a multilevel approach to other's property management, which is a necessary preliminary to every wide reflection in this field, founded on tradition and positive law. Indeed, the fragmentation of other's property management tools will be highlighted. The bases of the above-mentioned fragmentation are notional and functional. The different tools which allow to manage other's property can not all be linked to the notion of factual control without altering this notion. In fact, it refers only to two situations, direct or indirect representation, depending on whether the person whose property is managed is directly or indirectly legally bound by the acts of the manager. It must be noted however that the powers of the manager are different in their nature if the relationship is a trust or an usufruct for example, due to the fact that the management is no longer based on a power in the narrow meaning, but on a right of ownership (when speaking of ownership) or on a factual control (when the manager is a detentor). The notional fragmentation leads to a functional fragmentation. Each tool produces a specific result in the light of the equilibrium between the two requirements of the management : dynamism and protection of everyone's interests. Even though some common rules can be found, the ownership institution remains, in its exemplary dimension, the potentially most efficient but also the most dangerous because of it is lacking a comprehensive organisation
Vaillant-Sayous, Anne-Gaëlle. "La valeur des biens en droit français". Thesis, Pau, 2018. http://www.theses.fr/2018PAUU2046/document.
Texto completoTo the question about what is the value of goods, the main body of doctrine maintains that the value of goods is their price and that is why the goods are desirables and appropriables. However, legally, price and value of goods do not apply to the same branches of law and aim at two different kind of equivalence. Their expressions also diverge. Contrary to the price, which knows only one monetary expression, the value of goods knows, besides, a symbolic expression. As for the assertion according to which the value of the goods become desirables and proves their appropriation, this is a reversal of the reasoning. Indeed, the study of French law reveals that the value of goods is a measure relative to goods. Consequently, the goods, as a legal category, are desirable as such. A comparative study of this one with other legal categories related to the things, shows that goods are knew as a non-natural reserve of completely appropriated things, to which the owner is known and which are advantageous to him to have a complement of service. So, the goods contribute to the subsistence of the individuals, because they help them for their material existence. Considering that the humanity is characterized by individuality and sociability, the goods could be analysed as a contribution to every kind of these needs. However, every goods do not contribute to it in the same proportion. The value of goods measures this contribution in the individual or in the social subsistence of the human beings. These two types of subsistence is characterised by an antagonism. It justifies different legal regimes and expressions of the value. So, the goods which contribute to the individual subsistence have a dynamic regime and a monetary expression. These are the most spread category of goods and the legal reference. They are the goods with an economic value. The goods which contribute to the social subsistence have two conservatives regimes, a symbolic expression and are exceptions to the legal reference. They are the goods with a moral value
Sadoun, Delphine. "Les biens culturels en droit pénal français". Strasbourg, 2011. http://www.theses.fr/2011STRA4014.
Texto completoThe issue of art trafficking is easy. Every time a work of art is stolen, a part of the History disappears. And unfortunately, they represent an easy way to make money as long as fiscal and customs legislations of many countries are too weak. For those reasons, it is essential to protect the most inestimable works of art. But the struggle against antiquities trafficking should not be forsaken. It represents a huge menace especially as many archaeological sites are not listed. All around the world art trafficking is known and struggled. But to be efficient, most countries should summon up their strength: the various legislations should be in harmony with a world policy in order to be efficient. In fact, art trafficking does not know borders. This illicit market represents a real scourge for knowledge. And it faces legally constituted states too. This thesis will not talk about art trafficking at war or all around the world but in peacetime and especially in France. This study of art trafficking shows the legal means for struggle this phenomenon and wonders if new solutions are possible
Cabrol, Pierre. "Les biens culturels en droit civil français". Bordeaux 4, 1999. http://www.theses.fr/1999BOR40044.
Texto completoFeugas, Michel. "Le droit des biens à l'hopital aujourd'hui". Poitiers, 1995. http://www.theses.fr/1995POIT3010.
Texto completoThe jurisprudence has late recognized the legal characters of public property for the hospital estates, as for the others public institutions ones, and the law never provided about it. Traditionnal rules of public property has been defined out of these institutions own practice, and in spite of ancient and frequent calls from the authors for a reform the law of public property, they don't answer the modernity needs of public action. The determination rules particularly are'nt adapted enough to hospital needs, the special protection rules of public property have a low consistency in the particular case of the hospital, last there are any difficulties about compatibility of the law of public property with common law and private investments rules, nevertheless a promising evolution for among the thirty last years. Still, the public property system makes the hospital estates rules more clear and unitary, the constraints of the state public property rules don't apply to them, so that it seems to be advisable to have a high and wide conception of public proper system in hospital. Over the estates management, there are a lot of special regulating activities exercised by authorities out of the hospital, about the conception, appointment and use of the buildings, about hospital activities and using special produc the management acts in hospital are governed by a dense and complex regulation, that shows the heavy control acted upon estates management. At last, the partnership estates management doesn't always afford to use secured enough cooperation ways, while contract practices may be sometimes discussed about their adaptation or legal validity
Abdelfattah, Eddahbi. "Les biens publics en droit administratif marocain". Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D009.
Texto completoPimiento-Echeverri, Julian-Andres. "Les biens d'usage public en droit colombien". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020025.
Texto completoRegulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce
Al, Hendyani Khaled Jassem. "Le recours de l'assureur en droit français et en droit koweitien". Nancy 2, 1995. http://www.theses.fr/1995NAN20024.
Texto completoOn the basis of the simple observation that the insurer finances the indemnity that is paid to victims from the premiums paid by the insured party, the notion that, in certain cases, recourse can be instigated by the insurer against the perpetuator of the damage may appear somewhat curious. However, for numerous reasons, this recourse is permitted in both French and Kuwaiti law. It has even been on the increase, and can be instigated not only against responsible third parties but, on occasion, against the insured party itself. Nevertheless, doubtless because it reflects a rather conflicting conjunction of insurance law and liability law, the recourse of the insurer, in spite of the enshrining in law in both legal systems, gives rise to a great many difficulties. These can be grouped and discussed under three main headings: the principle of recourse itself, its scope, and, finally, its practical application. To undertake a comparative analysis of these questions as regards French and Kuwaiti law requires enlarging upon and detailing the legal nature of the recourse of the insurer as well as its framework. Although both legal systems are very similar to each other, the differences observed take on an even greater significance and call for explanations. The comparison can therefore be considered as beneficial, in some cases as regards the interpretation and appreciation of French law, but more importantly for the development of Kuwaiti insurance law as certain insufficiencies have come to light since its recent creation
Al, Fili Muhammad. "La liberté de la presse au Koweit". Caen, 1991. http://www.theses.fr/1991CAEN0021.
Texto completoThe press in kuwait is considered as an influential means of information. Furthermore, the kuwaiti press is succesfull. Indeed, it's well spead at the regional scale. On the one hand, the present these presents the historical background of this press. On the other hand it examines it within its political and juridical limits. And at last, it tries to understand the situation of such a bind of press. It tries in this way to explain the positions of the activity of journalism, of publication and journalists
Bu, Abbas Ali. "Le Contrat de franchise en droit français et en droit koweïtien". Strasbourg, 2010. http://www.theses.fr/2010STRA4008.
Texto completoFranchising is a contract which is binding two legally independent persons in the purpose of collaboration, the franchiser giving to the franchisee his distinguished signs and know-how with a payment in return and the commitment of the franchisee to use them according to a uniform commercial technique. Franchising is the repetition of a commercial success beforehand experimented by the franchiser. The implementation of the franchising contract involves the application of an anthology of rights such as contract law, competition law, trademark law and others distinguished signs law. The franchiser must communicate to the franchisee all the precontractual informations imposed by the law. The franchiser and the franchisee have mutual bonds. Franchising takes consequences both towards the execution of the contract and towards its extinction. This thesis carries out a comparative analysis of the franchising contract between the French and the Kuwaiti law
Alotaibi, Najoud. "La copropriété immobilière, des modèles en transition : étude comparative du droit français et du droit koweïtien". Electronic Thesis or Diss., Université de Montpellier (2022-....), 2023. http://www.theses.fr/2023UMOND029.
Texto completoThe world is currently experiencing an undeniable movement of urban, environmental, and digital transition. The real estate sector is not immune to this movement, which raises important questions about the various issues in this area, particularly social, economic, and environmental. The current models of French and Kuwaiti real estate co-ownership, due to their unitary nature, do not allow us to answer such questions. Their inadequacies, both structural and organizational, call into question their very relevance. A legal transition is necessary more than ever to compensate for such inadequacies, exacerbated by the more global transitions affecting the real estate sector. This thesis proposes a redefinition of real estate co-ownership models to better respond to the diversity and complexity of the situations they face. A pluralist approach based on a harmonized but differentiated method of redefinition is defended; from a subjective point of view concerning the management bodies, but also from an objective point of view concerning the management documents
Chabault, Caroline. "De la distinction entre les choses et les personnes : pour une proposition de nouvelles définitions". La Rochelle, 1997. http://www.theses.fr/1997LAROD002.
Texto completoThe distinction between things (objects of law) and persons (subjects of law), summa divisio of law, now deserves to be reconsidered, in particular because of the progress accomplished by medicine and biology. When does life begin? When does life end? And if laws attribute the character of person to every living individual on the sole basis of a material substratum, the human body, how can we explain that entities, by definition intangible, are called subjects of law? From this follows a tendency to demythify the notion of person in the same way as a tendency to dematerialize the concept of object of law can be observed, as all things are not property, and not all property is made up of things. The solution of this twofold problem will bring out the intermediate category of subjects of possession. Some subjects may move away from the category of persons, whereas certain objects tend to move toward this category, simply because they have the capacity to feel well-being or to suffer. In the last analysis, the concept of subject is to be understood in a functional sense. The subject is only the individual, in the biological sense of the term, recognized by law when he carries out a legal action, and some subjects of possession become persons, because they can be represented. Other subjects, on the other hand, will remain objects with a special status, because their interests will only be defended indirectly
Ben, Amor Oualid. "La protection des biens culturels en droit international". Lyon 3, 2003. http://www.theses.fr/2003LYO33015.
Texto completoVern, Flora. "Les objets juridiques : recherches en droit des biens". Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0023.
Texto completoIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Vern, Flora. "Les objets juridiques : recherches en droit des biens". Electronic Thesis or Diss., Paris, Institut d'études politiques, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201211.
Texto completoIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Poli, Jean-François. "La protection des biens culturels meubles". Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32028.
Texto completoThe goal of this study is to examine closely the different legal regulation, presse -ntly existing on the juridical protection of movables cultural works: cultural work circulation, purchase by state ("dation en paiement), territorial and marin archaelogy, fiscal law. It insists on the social role of cultural works and also on the duties of the state regarding their protection. Sociological and economic approach is considered as well. Finally it studies the role played by the international organisations (unesco) (concil of europe), and possible consequences of the principle of free circulation result of eec treaty, on the protection
Cochez, Caroline. "La participation du droit des biens au mouvement de socialisation du droit". Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20015/document.
Texto completoOne has often construed socialization as a construct to be used in the fight against legal individualism. And yet, it has to be owned that such an interpretation is too simplistic. The strength of the notion of socialization actually lies in the fact that the latter straddles several fields of social science. The socialization of law must also be understood as law adapting to the social mores of the times. From such an acceptation there has resulted a certain conformation of legal rules to a given state of affairs, to the social sphere. Such as it has been called upon in the 19th-century movers’ and shakers’ discourse, the thematic of socialization oscillates between these two poles. One must therefore contemplate both these aspects of socialization. The notion evolved as a reaction against the tenets of an individualistic law; at the same time, it reveals the need for developing a present-day law. From both these standpoints the inclusion of property law in the socialization movement is obvious. It emerges that the discipline nurtured a social conception of the law long before the idea of socialization was unequivocally expounded towards the end of the 19th century. Later on when the need to socialize law took hold of the legal discourse, the persistence of the theme of ownership and references to its social purpose made it possible for property law to have a decisive input in the development of the juridical construct of socialization. Being part of the implementation process of socialization seems to have involved another dimension. As a rule the makeovers that have impacted the discipline were effectued in the direction of a tallying of its own principles with new realities. The coming to the fore of new values, of immovables into the field of assets likely to be appropriated revealed in particular that property law had evolved so as to cope with the changes brought about by the revolution of intangible assets. Such an bringing up to date of this discipline reveals its aptitude to ensure the construction of a specific state of society
Mohammad, Adel Al Sayed Ali. "La garantie du dommage à la personne en droit civil koweïtien et la responsabilité sans faute en droit civil français : étude comparative entre les droits civils koweïtien, français, musulman". Paris 10, 1999. http://www.theses.fr/1999PA100175.
Texto completoMercier, Virginie. "L'apport du droit des valeurs mobilières à la théorie générale du droit des biens /". Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/516617575.pdf.
Texto completoThéron, Julien. "L'intervention du juge dans les transmissions de biens". Toulouse 1, 2005. http://www.theses.fr/2005TOU10077.
Texto completoThe interventions of the judge into the transfer of properties are numerous in the French Law : licences, legalizations, injunctions, judicial transfer of companies, adjudications. However, the grounds for these interventions are quite puzzling, as regards first the exclusive nature of the privileges of the owner, and secondly, the generally admitted role of the judge. Not only does he intervene into a field which is normally solely devolved on the will of the parties, but also, in a number of occurences by controlling or imposing like an administrator, nor does he make decisions in litigations. The understanding of the phenomenon is all the more obscured as there seems to be no link between the various manifestations of his presence. This study is demonstrating the necessary aspect of the presence of the judge in the matter of transfers. The owners are most definitely entitled to decide about the distribution of their properties, yet, this distribution may generate disputes. Like in any other field, the judge is here to decide about these disputes. He is entitled to re-establish the upset balance in the distribution of what is "owed to each". The consideration of the intervention of the judge to this end enables to determine his effective role in the action of transfer, and thus, to establish a classification of the transfers in which he intervenes. In all cases, when he does not participate in a transfer, the acquisition is not judicial. Such a classification is rich in practical lessons. The nature of the transfer being altered by the intervention of the judge only in judicial transfers, only these are submitted to derogations of the system of Law governing the presence of the judge. In all other cases, as the will of the judge does not get into the transfer, his intervention implies no modification of the usual system of Law
Gleize, Bérengère. "La protection de l'image des biens /". Paris : Defrénois-Lextenso éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb41274208p.
Texto completoLaroche, Maud. "Revendication et propriété : étude des rapports entre droit des procédures collectives et droit des biens". Paris 2, 2004. http://www.theses.fr/2004PA020087.
Texto completoSahel, Déborah. "Les biens qui échappent à la procédure collective". Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D053.
Texto completoThis Ph. D. thesis is about conflicting interests. Collective discipline has to be implement when a debtor files for Bankruptcy. Consequently bankruptcy law is a disruptive law. ln theory, French law achieves some discipline by freezing all the assets of the debtor and shielding them from any foreclosure (« l'effet réel de la procédure collective»). It is the equivalent of an estate during bankruptcy in common law. This Ph. D. thesis is about what goes in and what stays out of the estate. In French law, most of the assets are insert into the estate but some of them can escape it for multiple reasons and with different means. Thus the common pledge of creditors is limited in many ways. First this Ph. D. thesis contributes to identify the allocation of assets during bankruptcy. It thereby enriches the civil law theory of estate by showing some of its limit. This Ph. D. thesis demonstrate how French bankruptcy law reduces the range of assets included in the estate of the debtor. The estate appears partitioned when the theory predicate on the contrary its unity. Indeed two sets of assets can be identify within the debtor estate those that are pledge to the creditor and those that are shielded from them. The Ph. D. points out some of the legislation failures on this matter. It also suggests to distinguish between two types of assets : those that escape and those that are removed from the estate. ln doing so it suggests the set of rules applicable to each one of them and offers some solution to improve the law
Chabalier, Antoine. "La patrimonialité de la position contractuelle". Montpellier 1, 2000. http://www.theses.fr/2000MON10030.
Texto completoJemmar, Soufiane. "L' évaluation en droit fiscal". Paris 1, 2008. http://www.theses.fr/2008PA010286.
Texto completoFavreau, Amélie. "L'objet de la propriété intellectuelle dans le domaine de la santé : réflexion sur la valeur dans le droit des biens". Grenoble, 2010. http://www.theses.fr/2010GREND002.
Texto completoValue is a notion especially present in intellectual property law, and this is the prism we have chosen to analyse the object of intellectual property in the healthcare field. When labeled economic, this value present in the object of copyright drives it (the object) into the sphere of property common law, thus losing its specificity and opening it to all objects economically valid in the healthcare field. The solutions offered to re-establish the legitimacy of intellectual property in this field where it is essential are two-fold. On the one hand, it is essential to focus on the object of intellectual property and not its exercise as it is often done. The strict delimitation of the object is important. It should not meet all the pressing solicitations for protection of objects in the healthcare field but must preserve its in-appropriable portion. On the other hand, this argument must be reinforced with the search of the purpose of intellectual property in the healthcare field. This purpose can only be found when considering the social value of the objects affecting people’s health. Therefore the appropriation of any object in the healthcare field must contribute to the achievement of medical progress. Medical progress is defined as a process of an increase in time of medical advances stemming from science and technique, advances which contribute to an improved well-being and, according to the health definition here used, to an improved complete physical, mental and social well-being. Its presence (of medical progress?) will be verified (checked) in light of the principal rights which make up the copyright law. It will be noted that the appropriation in patents rights is generating medical advances, whereas in trademark and royalties rights receive these objects to ensure medical progress in its temporal dynamic