Tesis sobre el tema "Droits des personnes"
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Pierre, Romuald. "Les droits fondamentaux des personnes morales de droit privé". Limoges, 2010. http://www.theses.fr/2010LIMO1004.
Texto completoThe success known by the concept of "fundamental rights" deeply marked the interpretation of the main protective standards in Human Rights. While favoring boldness in courts of all orders and judicial activism of legal persons in private law, it helped establish the idea that the latter - i. E the organs doted with legal status called legal persons - existed alongside naThetural persons, as genuine fundamental rights holders. This essentially praetorian spreading of these subjective prerogatives ownership relied on the assimilation of two categories of holders of a right. However, the basis which has been selected is eminently open to criticism. In addition to the fact that it drives positive law to give way to an exaggerated anthropomorphism, it does not in any way enable whomsoever to work out an overall coherent approach of the issue of the enjoyment of fundamental rights by legal persons. In this sense, the study is committed to "deconstruct" the current system which is based on putting in the same category corporations and individuals and to propose a stand-alone conception of those fundamental rights. The consistency of the present approach vindicated the exclusion of several concepts such as "Privacy" or "moral damage" to describe diverse situations relating to legal persons and the mobilization of human dignity and liberty as limits of the extensibility of the ownership of rights. Furthermore, autonomy has involved a subdivision of the fundamental rights of corporations into matrix rights- relying on the legal personality and the corporate purpose, and into secondary fundamental rights- ancillary of matrix rights. And, in certain circumstances, the search for a specific vocabulary proved necessary. The concepts of "confidential corporate life" and "right of reflexive association" are examples of that. As a general principle, autonomy helps reveal the functionalism which impregnates the fundamental rights of legal persons in private law
Maetz, Olivier. "Les droits fondamentaux des personnes publiques". Strasbourg, 2010. http://www.theses.fr/2010STRA4037.
Texto completoThe lacking connection between fundamentality and dignity has led to a seemingly paradoxical situation where public persons are granted a protection based on rights that were destilled to limit their actions. Indeed, fundamental rights protect a rnargin of autonorny which is not derived fi·orn the dignity of the human being but fTom legal personality. Public persons have thus called upon French jurisdictions as weil as European and Community COUlts ta protect their fundamental rights. The way these cases have been handled reveals an ambivalent conception of public legal personality which shapes the legal status offundamental rights. The specificities of public legal persona lit y find a natural extension in the recognition and protection of fundamental rights
Martron, Hélène. "Les droits de la personnalité des personnes morales de droit privé". Poitiers, 2010. http://www.theses.fr/2010POIT3017.
Texto completoThe financial crises in 1990s have highlighted the vulnerability of intermediate exchange rate regimes and floating exchange regime emerged as the only viable option for emerging economies. However, despite the formal adoption of floating exchange regime, emerging economies have implemented a monetary policy of exchange rate stabilization, ensuring, de facto, the survival of intermediate exchange rate regimes, through fear of floating. This thesis examines, by the analysis of the relationship between domestic monetary policy and the exchange rate volatility in emerging economies, the nature of intermediate regimes de facto. Chapter 1 deals with the problem of the choice of exchange rate regime, and the reasons for the survival of intermediate exchange rate regimes. Chapter 2 presents the problem of inflation targeting as a nominal anchor in the formal floating exchange rate regime, and potential conflicts between the inflation targeting and the exchange rate stabilization policy. Chapter 3 highlights the vulnerabilities (pass-through, original sin) of emerging economies streamlining the fear of floating and also throws the light on the effectiveness of the policy interest rate to stabilize the exchange rate. Chapter 4 constitutes the base of an empirical analysis of exchange rate volatility in a sample of 20 emerging economies over the period 1994-2008, examining the characteristics of daily series of exchange rate return through the ARMA and GARCH models. Chapter 5 tests the effect on the exchange rate volatility of the two dimensions of monetary policy (volatility and level of interest rates). The tests indicate that exchange rate volatility depends negatively on the volatility of interest rates but positively on the level of that rate. In other words, stabilization exchange rate monetary policy is on the razor's edge, about its effect on the exchange rate volatility
Larralde, Jean-Manuel. "Les droits fondamentaux des personnes incarcerees : elements de droit compare europeen". Caen, 1994. http://www.theses.fr/1994CAEN0033.
Texto completoThe granting of rights to incarcerated persons is linked to the progressive transformation of the role of the prison from that merely confining to that of reeducating the convict. The united nations were the first to codify such rights in the context of the standard minimum rules of 1955. On the continent, the council of europe built upon this base with the adoption of the european prison rules in 1973 and 1987, which work in conjunction with the european convention for the protection of human rights and fundamental freedoms and the european convention for the prevention of torture. The majority of these rules, however, are not legally binding. The rights and obligations of incarcerated persons, as well as the mechanisms necessary to their enforcement, therefore still rely to a great extent on national texts. The fundamental rights of prisoners remain very limited and do not extend beyond the right not to be detained arbitrarily and the right not to be tortured. Detainees' rights are essentially "functional rights". Their application is limitated in practice by the absence of an effective remedy and by the exigencies of ensuring the security in prisons. Their content is determined by their objectives : preventing desocialisation (protecting the health of the detainee and partially recognising his beliefs) and preparing
Attal-Galy, Yaël. "Droits de l'homme et catégories de personnes". Toulouse 1, 2002. http://www.theses.fr/2002TOU10061.
Texto completoContrary to the revolutionary myth concerning the legal existence of a homogeneous society that's composed of uniform individuals, the law now reflects the contrasted images of many categories of people. The emergence of categories of individuals proceed from a mutation in human rights, considering the latter, no longer as an abstract unity based on the majority model, but as a concrete plurality that corresponds to a real diversity. The progressive adaptation of the principal of equality to the particularities of the human condition has lead to an institutionalisation of individual differences, which has reduced the most flagrant inequalities. Thus, achieving a real equality require taking specific legal procedures. The categorisation appears to be a purely legal construct that takes individuals having in common at least, an intrinsic particularity such as gender, age, state of health, or extrinsic, such as loss of freedom or nationality
Ribes, Didier. "L'état protecteur des droits fondamentaux : recherche en droit comparé sur les effets des droits fondamentaux entre personnes privées". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32043.
Texto completoAre fundamental rights a source of obligations for private parties? If so, a dogma can be questioned, i. E. The definition of fundamental rights as subjective rights of defence against the State. The normativist theory of law leads us to offer a definition of fundamental rights that implies, apart from a positive law restriction, an applicability of these rights to private parties. Such applicability is controversial as it may endanger the private's will autonomy and the private law's purpose. Different theories have been developed with the aim of defending an immediate applicability to private parties or a mediation through state norms of private law. Concurrent, but in reality complementary, these modalities allow the State to fulfil its mandate of protection. This mandate, derived from the guarantee of rights towards public law remedies, ensures its fulfilment in the sphere of private relationships
Aune, Anne-Claire. "Le phénomène de multiplication des droits subjectifs en droit des personnes et de la famille". Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32030.
Texto completoThe multiplication of subjective rights of the person has become a common statement nowadays. Nonetheless, these rights need to be analyzed, qualitatively and quantitatively, with respect to legal technique and their social objective. Ambiguities remain: the drift towards a proprietary status of these rights, resulting in an incoherent legal system, the denial of the embryo’s right to the protection of its body, the right to the respect of one’s dignity deeply modified by the concept of personal autonomy. A series of new rights have appeared in legal vocabulary: the right to dispose of one’s identity, of one’s life and health, the right to marriage, to children. But are these rights subjective rights as we hear them, i. E. Rights that I can oblige third parties to perform? A part from the right to divorce, the expression “right to” used to designate such personal prerogatives is but an expression
Frangi, Marc. "L'apport du droit constitutionnel aux droits des personnes et aux droits économiques individuels : contribution à l'étude de la constitutionnalisation du droit privé". Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32007.
Texto completoSince the revolution of 1789, french constitutions contain some rules about the carrying and the fundamental sources to be applied to people as persons and as economical agents. The absence of a powerfull constitutional justice until 1958 makes that constutionalization an unimportant question before charles de gaulle coming back to power. The economical rights, that are the most constitutionalized. The laws about persons (for example family rights) are the object of a large consensus that explains their soft constitutional ization. Today, there is the question of the possible comparaison of constitutional standards with international patterns about civil, merchant and working law
Koki, Kouamé Hubert. "Les droits fondamentaux des personnes morales dans la convention européenne des droits de l'homme". Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00808648.
Texto completoAune, Anne-Claire. "Le phénomène de multiplication des droits subjectifs en droit des personnes et de la famille /". Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2007. http://catalogue.bnf.fr/ark:/12148/cb411779639.
Texto completoLiquet, Bloy Marina. "Les droits privés subjectifs des personnes en contentieux administratif". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0244.
Texto completoThe aim of this study is to highlight the existence of administrative litigation concerning the subjective private rights of individuals and to measure its impact. The administrative judge is undoubtedly familiar with concepts of private law understood strictly as individual rights, such as the right to privacy, the right to one's image, the right to the presumption of innocence, or even the right to human dignity, the right to life, and so on. Traditionally, however, these personal rights are understood as fundamental rights or even as subjective public rights in administrative disputes. However, it is possible to maintain the privatist qualification of subjective private rights since the advent of a recent and unique configuration of administrative litigation, similar to judicial litigation. In this case, it is a confrontation between the rights of the private individual and a general interest, and no longer between the rights of a constituent and a public interest. The private individual, who is then no longer considered in his capacity as a constituent, can demand the protection of his rights from an administration that is merely an interlocutor. In addition, the results of our research show the multiple implications of the emergence of private law issues before the administrative judge, whether in terms of adapting the office of the administrative judge or in terms of functional rapprochement with the judicial judge
Mowena, Joseph. "La victime des infractions contre les personnes". Paris 5, 2002. http://www.theses.fr/2002PA05D004.
Texto completoLaskar, Caroline. "Le pouvoir de direction des personnes en droit du travail". Nice, 2007. http://www.theses.fr/2008NICE0001.
Texto completoThe working relation is a contractual relation dominated by the power of the employer. This one centralizes all the powers, he promulgates the standard, he organizes the company, and he sanctions the professional neglects of the employees. Today, the power of direction does not appear any more in itself as the foundation legitimizes of any decision. The employer is henceforth forced to respect the contractual obligations and has to look for the approval of the employee. The influence of the honest notions and the contractual solidarity allowed to spread the perimeter of the employers' obligations. The reference to the contractual techniques strengthens at the same moment the rights of the employee-contracting party and the contractual obligations of the employer. The influence of the fundamental rights and the liberties of the person brought the power of direction to become more democratic. The employee-individual is dedicated, what obliges the employer to envisage a new exercise of its power
Roussineau, Thomas. "Le droit à l'image : image des personnes et image des biens". Paris 11, 2004. http://www.theses.fr/2004PA111012.
Texto completoVassail, Muriel. "Le statut des personnes incarcérées". Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32013.
Texto completoThe condemned have a general duty of obedience and submisson that conditions their position. The prison and the penitentiary system, which are founded on an ideology of retribution and security, leave little room for the human beein g and the imprisoned citizen, so the human rights of 1789 and those imposed by the universal declaration of 1948 are ver y largely ignored in prisons, where any prerogative accorded to the prisoner is analysed at worse as an instrument of the system of the privileges, at best as a means of occupational therapy. This situation should not be considered irreme diable, but it requires a change in the institution, especially by setting up a court of execution of penal sentences. The free population seens to be more concerned by the rehabilitation of the prisoners than by the penalty, if it has bee n made sensitive to prison problems. The solutions that are preached must be regarded as the beginning of a reflexion that our country can no longer ignore, because the situation is unwerthy of our tradition of respect for human rights, that is to say that the stakes are important
Birnbaum, Juliette. "La condition juridique des personnes en situation de subordination au regard des libertés". Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30030.
Texto completoLiberties belong to citizens and do not necessarily benefit those submitted to the obligation of obeying a hierarchical superior. The study of contentious law cases shows that the holder of authority can act upon his subordinates' situation without having to respect the limits encountered by the holders of legislative and executive powers. The rule making power is allowed to go against liberties without running up against the rules which settle the work of the legislative and executive authorities. Moreover, it is exempt of the respect of the dispositions which protect the rights and liberties of citizens. Finally, the restrictions on liberties imposed by the hierarchical superior are not subject to a control of the necessity. It turns out nevertheless that an explicit acknowledgement of liberties benefiting a category of individuals in a situation of subordination can lead the judge to find a way of conciliating the obligation to obey and the respect of liberties
Hunter-Henin, Myriam. "Pour une redéfinition du statut personnel". Paris 1, 2001. http://www.theses.fr/2001PA010328.
Texto completoGailhbaud, Christine. "Le droit de la sécurité de la personne". Nice, 2007. http://www.theses.fr/2007NICE0046.
Texto completoAt the beginning was the physical injury. At the beginning of the XXth century, the judges had to deal with the claims for compensation for personal injuries suffered. Two mechanisms were used by the judges to achieve this goal : the safety obligation and the breach of contract in terms of tort law. The use of these two mechanisms shows clearly the existence of everyone's right to safety. The right to safety is based on the princip of dignity of the human being. The damage caused by the non respect of the right to safety is, therefore, illegal. The personal injuries compensation issue has to be dealt in a coherent system in parallele with the protection of the person's health and body. All these rules could be found in the “safety law”. The “safety law” is proposed, new by it's name, but renovated by it's composition
Jaulneau, Emmanuelle. "La subjectivisation du droit : Etude de droit privé". Orléans, 2007. http://www.theses.fr/2007ORLE0004.
Texto completoLaurent, Julien. "La propriété des droits". Paris 1, 2009. http://www.theses.fr/2009PA010336.
Texto completoLiberti, Lahra. "Entreprises et droits de l'homme : le problème de la responsabilité entre droit international et droit interne". Paris 1, 2004. http://www.theses.fr/2004PA010286.
Texto completoBourguele, Bhare Alfred. "Les sociétés transnationales et le droit international des droits de l'homme : une contribution à l'étude de la responsabilité des STN en droits de l'Homme". Nice, 2006. http://www.theses.fr/2006NICE0060.
Texto completoUntil recently, liability in the field of human rights had only been considered with respect to individuals. Yet, the current economical context reveals a new aspect of the liability matter in the area of human rights. Indeed, violations of human rights are not only held on the account of sovereign states or individuals, but also firms especially transnational coporations. The purpose of our research is to aim at contributing to the study of liability of transnational corporations in international human rights law. The current evolution of transnational corporations is characterized by a state of impunity in international law. The legal framing of these entities lies on soft law, in other words, on a non-restricting normative corpus made up of codes of conduct. These codes of conduct have on one hand an internal basis when they are established by independent groups such as the International Labor Organization (ILO) and Organisation for Economic Co-operation and Development (OECD). These non-restricting measures cannot respond to the concerns relating to human rights protection in the sphere of transnational corporations. Therefore, a restricting regulation in this area is needed. This is the undergoing perspective which is notably currently undertaken by the project of the United Nations including norms relating to the accountability of transnational corporations in the field of human rights. This pilot project is far from reaching perfection for it does not take into account several legal concepts inherent to the liability of transnational corporations. This includes concepts such as common liability of head firms along with their branches and subcontractors or also the liability of transnational corporations executive. .
Sagné, Valérie. "L' identité de la personne humaine". Toulouse 1, 2003. http://www.theses.fr/2003TOU10018.
Texto completoHuman person's identity being both dependent on the public and private life, it is split between objectivism and subjectivism. As identity aims at people's individualization, objective criteria as well as constraining and strict procedures are used. The individual's duty is to identify with society. Identity is felt as everyone's unicity and otherness and therefore it is the centre of several claims that put the recognition of the identity specificities forward. The individual calls for his/her own identity to be respected. The subjectivist movement has left traces on the definition of identity such as surname, sex and filiation whereas the legal definition of the notion still hesitates between the instrument of society and the individual rights. Because of these important uncertainties concerning the individual rights, because civil equality is at risk and law cannot become personal, particular and relative, law must resist and react to this subjectivism moving into the juridical science
Bioy, Xavier. "Le concept de personne humaine en droit public : recherche sur le sujet des droits fondamentaux". Toulouse 1, 2001. http://www.theses.fr/2001TOU10083.
Texto completoConsidered as a medium, the concept of "the human person" in public law develops the unity of the individual (physical integrety and freedom) and social (personal identity and freedom) dimensions. It contribues to the evolution of the older rights, comprises and reconciles the dignities of the human being and of the person, legitimates actions of the State and, finally, offers guidelines for the system of fundamental rights
Vaurs, Chaumette Anne-Laure. "Les sujets du droit international pénal : vers une nouvelle définition de la personnalité juridique internationale ? /". Paris : A. Pedone, 2009. http://catalogue.bnf.fr/ark:/12148/cb41479535z.
Texto completoVoght, Nicole de. "La protection des droits et des libertés des citoyens âgés". Toulouse 1, 1990. http://www.theses.fr/1990TOU10016.
Texto completoThe elderly are more vulnerable than other citizens. So they must count on fundamental, ad hoc and precise norms, leading, if necessary, to sanctions. And, moreover, on an administrative and social system both efficient and participative. The latter should especially imply an ombudsman, and a protection of their civil capacity, physical and mental health against all forms of violence
Gras, Marie-Claire. "Souveraineté de l'État et droits de l'homme : les leçons de l'Amérique Centrale dans la decennie 80 : étude sur l'impact de l'environnement juridique et le rôle de l'action internationale, en faveur du respect des droits de l'homme en période de troubles internes". Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10189.
Texto completoBy studying four central American stats which have experienced various periods of internal unrest during the nineteen eighties, this thesis reflects on the occurrence of massive human rights violations during these periods, violations which persisted despite the existence of adequate legal mechanisms for the protection of rights both at the international and internal level. It analyses the political factors which can explain these crises and the ensuing human rights violations and concludes that the main cause of this unrest is the lack of state sovereignty. If the state cannot enjoy popular legitimacy and needs to resort to the use of force to ensure its power, the rule of law collapsed and human rights are threatened, no matter how sophisticated the legal protecting environment. From this can be drawn guidelines for more successful international action in favor of human rights in times of internal unrest. Examining the whole range of international action, governmental and non-governmental, it appears that neither purely legal action nor human rights action which in reality seeks to maintain the politico-social status quo can be really effective. The only positive action is the one which seeks to tackle the roots of the unrest. This explains the inadequacy of the various “fire brigade” interventions which can provide immediate relief but only at a superficial level. All in all, lobbying those forces capable of influencing the political settlement in these countries appears theoretically to be the best action for individuals. However, to be fruitful, this kind of activity implies a general consensus on human rights objectives which in reality proves difficult to achieve
Dubois, Philippe. "Le Physique de la personne". Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594173h.
Texto completoLuciani, Anne-Marie. "Les droits de la personnalité : du droit interne au droit international privé". Paris 1, 1996. http://www.theses.fr/1996PA010315.
Texto completoThe personality rights are the rights give every individual the exclusive rights to use certains traits which alow him or her to affirm his or her identity in relations to others. This includes, in particular, the right to carry a name, an image and a voice, as well as the respect of privacy and the rights of autorship. . . International privacy law specify not the rights as stated but the relationship between rights. The practice of personnality rights involves two types of legal relationships : those where the individual opposes the use of his personality and those in wich he consents. The legal relationship wich do not have a material object must be localized at their source. The source of the legal relationship wich results from the exercice of personality rights rests in the act of infrigement when the individual opposes the use of his personality and in the express act when he consents. The duality of legal relationship must therefor correspons to the duality of the attachements
Becker-Demerliat, Anne. "La sécurité des personnes et des biens". Limoges, 2000. http://www.theses.fr/2000LIMO0478.
Texto completoBioy, Xavier. "Le concept de personne humaine en droit public : recherche sur le sujet des droits fondamentaux /". Paris : Dalloz, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/370781244.pdf.
Texto completoBoudot, Géraldine. "La libre circulation des personnes et les droits fondamentaux dans l'Union européenne". Pau, 2000. http://www.theses.fr/2000PAUU2003.
Texto completoJobart, Jean-Charles. "L'individualisme en droit public français". Toulouse 1, 2009. http://www.theses.fr/2009TOU10067.
Texto completoIndividualism is a method representing reality as made up only with equivalent individuals. In a similar manner, the law's field can be represented as made up with subjetcs, indivisible and equivalent units whose legal personality is confered by State, understood as an individual, an indivisible unit. This uniform representation of legal personalities justifies the objective law's uniformity, nowadays questioned by local, religious or differentials claims. Subjects are provided with rights protected by State and exchange them in interindividual relationships as contract or liability. Then, law becomes a complex of rights. But if legal holism must be rejected because of its dangers of totalitarian adrifts, the legal subjectivism can drift towards an excessive liberty up to the negation of the liberty and the subject himself
Mathieu, Gilles. "Les droits des personnes incarcérées dans les pays de la Communauté européenne". Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32021.
Texto completoVaurs-Chaumette, Anne-Laure. "Les sujets du droit international pénal : la définition de la personnalité juridique internationale à l'épreuve du droit international pénal". Paris 10, 2007. http://www.theses.fr/2007PA100156.
Texto completoThis thesis deals with the definition of international legal personality. The study of the subjects of international criminal law is an excuse for confirming the validity of the definition given by the International Court of Justice in 1949. The Court then defined the subject of law as the owner of rights and duties capable of operating upon an international plane. The analysis of the "subject-creditor" and of the "subject-debtor" of international criminal law commands to admit that the 1949 definition is not convenient for qualifying the subject of international criminal law. On the one hand, the "subject-creditor" of international criminal law, the State, is characterized by his capacity of triggering the international criminal trial and not by the subjective rights he could hold. On the other hand, the "subject-debtor" of international criminal law, the individual, is characterized by his capacity to be punished by the international criminal tribunals and not by the obligations he could have violated. Thus, the international legal personality appears to correspond to the capacity, either active or passive. The international legal personality meets his etymological meaning : it is the legal actor’s role, his mask in the legal stage
Laureote, Xavier Montain-Domenach Jacqueline. "Le droit d'agir en justice des autorités étatiques devant les autorités judiciaires et administratives contribution à la théorie juridique de l'état /". S. l. : Paris 10, 2008. http://bdr.u-paris10.fr/sid/these.php?2008PA100111.
Texto completoRenard-Mugnier, Anne-Sophie. "Le droit à l'autonomie des personnes handicapées". Lille 2, 2007. http://www.theses.fr/2007LIL20009.
Texto completoThe concept of autonomy is one that is employed more and more often in the speeches of the associations of handicapped people and of the politicians whenever the aspirations of the disabled are being debated. This situation led us to consider the creation of a right to autonomy for handicapped people. However, the bases on which this right will be created will be uneven in scope. Furthermore, although this right will appear as a "right to" , the characterization of its legal nature by the assesment of the number of duties and obligations it would impose on the law-making body will, in fact, allow to qualify it as a "mixed right"and will be an opportunity to strengthen the recent substantive law on the matter. Then, out of the assessment of the efficiency of the rules contributing to the coming into force of the right in question, it will then be time to consider the means available to remedy thet discrimination, before and after the legal rules concerning the matter are adopted
Hakata, Kei. "La protection internationale des personnes déplacées à l'intérieur de leur propre pays". Nancy 2, 1998. http://www.theses.fr/1998NAN20004.
Texto completoThe question of the internally displaced persons, of which the international community had long been unaware, finally drew attention of the united nations by the end of the 1980s. Unlike refugees for whom a regime of international protection exists, the internally displaced persons do not constitute a legal category which obtains a systematic protection in international law. Conscious of the legal lacuna, the United Nations attempts to conceive an efficient protection scheme through legal norms and institutional and operational efforts. The elaboration of a legal regime will consist in clarifying existing lacunae and in synthesizing the different norms of human rights and humanitarian law in the light of the protection of the persons concerned. Parallel to this, field activities constitute a genuine protection scheme. Diverse international actors, among them UNHCR and ICRC, undertake to protect and assist these persons by interpreting their mandate very flexibly. Nonetheless, humanitarian or development agencies cannot alone confront the crisis situation. Then, a humanitarian intervention undertaken by the UN Security Council can offer an alternative. This solution requires a double condition, that is, the existence of a crisis on a large scale and convergent political wills, which makes it quite exceptional
Belda, Béatrice. "Les droits de l'homme des personnes privées de liberté : Contribution à l'étude du pouvoir normatif de la Cour Européenne des Droits de l'Homme". Montpellier 1, 2007. http://www.theses.fr/2007MON10031.
Texto completoAlrefaai, Youssef. "La responsabilité pénale des personnes morales : étude comparée en droits arabes et français". Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32019.
Texto completoThe economic, social, and technological development leads to an increase of corporations and the expansion of their activities. Globalization takes part, also, with the development of these corporations who do not hesitate any more to create subsidiaries companies in foreign countries far from their base, like many multinationals. However, some of these corporations take the ways of crime to achieve some important gains. They profit, in particular, of the facilities of communication from one country to another, like Internet, to conceal their criminal activities and to prevent any tracing of their actions. To reap the consequences of this criminological reality the French legislator and his Arab counterparts have adopted similar reforms establishing the criminal responsibility of these corporations. Moreover, the police and judicial institutions in each country are obliged to collaborate with their foreign counterparts in order to fight more effectively against this new form of crime. Consequently, the object of this thesis consists in highlighting this double phenomenon of standardization of the rules of substance and form relating to the criminal responsibility of the corporation in order to construct a criminal law specific to these corporations by ending the application by analogy of this responsibility
Schmaltz, Benoît. "Les personnes publiques propriétaires". Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30069/document.
Texto completoAs it is the case for private property, the public property was long time confused with the goods that are its objects. However, in public law as in private law, we should consider that property right is not a good. Being an individual right, the property stands for the power exerted by a subject over goods. Formally, it is the right to enjoy and dispose of goods according to law. Materially, it will vary depending on the applicable law which empowers the owner, subject of the property. Public entities, subjects of public action, are owners based on a competency immediately assigned to them by their duty to act in the public interest. This competency grants to public entities a right to public property only affected to the public interest. Focusing on the public persons as owners instead of considering only their property helps contributing to the theory of partial legal orders (“théorie des ordres juridiques partiels”) as a representation of the distinction between public and private law. This finally leads to suggest a legal definition of the public action as a set of activities implemented by the public persons in the exercise of their subjective rights of property
Ouoba, Valentin. "Le code burkinabè des personnes et de la famille : une promotion des droits de la femme". Perpignan, 1999. http://www.theses.fr/1999PERP0335.
Texto completoHennette-Vauchez, Stéphanie. "Les droits de la personne sur son corps autour du moment de la mort : contribution à l'analyse théorique de la validité juridique des droits". Paris 1, 2000. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/9782296350465.
Texto completoGuennad, Smain. "Le préjudice moral des personnes morales". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020035.
Texto completoAs they face a growing number of commercial torts, and their inalility to manage them, companies are no longer able to obtain effective compensation for property and pecuniary losses. On the basis, some authors suggest the introduction of punitive damages, while others advocate restitutory damages.This study aims to desmonstrate that companies can suffer damage to their extra-patrimonial interests, and that in this case they should be compensated at least on the basis of moral damages. In this context, this thesis will focus on the concepts of brand, know-how, corporate culture, identity, and reputation. Furthermore, the distinction between the terms “damage” and“harm” is critical, as it clarifies the legal status of non-pecuniary damages suffered by acompany while the consequences of patrimonial and extra-patrimonial damages are considered separately. Hence, new rules regarding the moral damages should be considered. The role of judges and experts will be highlighted, as well as the criteria therefore used by the judge. An option isalso to consider some additional criteria. It is also worth mentionning the results of redress onthe various protagonists
Vanuxem, Sarah. "Les choses saisies par la propriété". Paris 1, 2009. http://www.theses.fr/2009PA010334.
Texto completoLefeuvre-Darnajou, Karine. "La pré-incapacité des majeurs vulnérables". Rennes 1, 2001. http://www.theses.fr/2001REN10417.
Texto completoWithin the framework of this study, majors vulnerability is only comprehended under the angle or their activity capability. When some of them, in growing proportion, are protected by tutelage disability systems or by trustee founded in the legal reform for inefficient majors rights in January 3rd 1968, a lot among them wich do not relieve yet and probably will never be relieved from it, especially due to the weakness severity of their personal impair or simply because no one attended to raise up the juridical defense implementation. Legally able but disable as a matter of fact nevertheless these vulnerable majors need to be protected with regard to their properties and perhaps principally from their person. The fate of not protected not protected old people residing in hospital or shelter institutions whom assent is not respected, is a prominent illustration. Consequently, it becomes necessary to conceive a prior disablement system in its whole intending to give protection before desability. Although the legislator has considered the question by creating the justice saving, an innovating institution previous to desability measures, it only gives an uncompleted protection due to its limited application field and its provisory feature. So, it will be advisable to examine oneself upon a possible improving of the actual prior disablement system that could rely upon a new institution, the warrant upon future inaptitude
Terro, Khodor. "La responsabilité pénale des personnes morales dans les droits français et libanais : suggestions au législateur libanais". Poitiers, 2010. http://www.theses.fr/2010POIT3004.
Texto completoLebanese law has always recognized the criminal responsabilities of the legal entities. The terms of article 210 have existed since the indtroduction of the first Lebanese penal code in January 1944. The source of this responsibility appeared in laws from article 89 paragraph 7 and 116 paragraph 2 of the bill proposing the modification of the French penal code of 1934. Since that date the simple, yet relatively vague terms of article 210 have not been amended. In return, the French legislature waited until 1994 to integrate this responsability into article 121-2 of the penal code. This article has since undergone numerous modifications. I am attempting to bring propositions before the Lebanese legislature in the light of the rich experience of the French parliament by avoiding errors of interpretation of Lebanese law and basing these suggestions on the results obtained through my jurimetrics study carried out on the level of the Lebanese jurisprudence
Gebre, Emnet Berhanu. "La protection internationale des personnes déplacées par les changements climatiques". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10014.
Texto completoClimate change is one of the major issues of the 21st century which poses significant challenges to the international community as a whole particularly to the Southern States. Beyond the physical disruption that climate change causes, its impacts on man – most notably the displacement of population that it will likely trigger − raise several legal issues. Despite the significant importance of the flow of highly vulnerable persons, there is currently no statutory recognition of persons displaced by climate change by the international law. Considering the multidimensional and cross-cutting nature of the issue, and in the absence of a special legal protection, it was essential to question the different existing protection regimes. At the crossroad of several branches of international law, notably, refugee law, disaster response law, environmental law and human rights law, the international protection of climate displaced persons is difficult to be fully guaranteed. The partial and fragmented character of the protection obligates us to search for ways to overcome the identified legal shortcomings. Indeed, the displacements induced by climate change represent the very essence of all the legal and ethical problems that climate change poses. Though this global phenomenon is primarily attributable to the industrial activities of a small group of States, its adverse effects are taken on large group of States who remain extremely helpless in this situation due to their notably low adaptive capacity and level of economic development. The quest of international liability proves to be laborious in the face of the many legal impediments that are currently in place. Consequently, prospective thoughts related to the formulation of a specific international protection are necessary
Al, Asmar Elie. "L'action internationale dans la lutte contre la traite des personnes en Irak et en Syrie". Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10018.
Texto completoThis thesis studies the international action to combat human trafficking in Iraq and Syria. It emphasizes new types of trafficking that affect women and children in international and non-international armed conflicts, highlighting the obstacles faced by the different actors. It also considers the role of the various national and international, political, judicial, and anti-criminal bodies and the factors which delay the creation and the effective establishment of a preventive jurisdiction by states and international community. International experience and current increasingly sophisticated crime trends prompted us to propose in this thesis a universalization of the criminal classification of human trafficking and offer recommendations that would protect the victims and diminish the impunity of the perpetrators
Banga, Georges. "La CIJ et la protection des droits et des intérêts économiques des personnes privées : l'affaire de la Barcelona Traction". Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D009.
Texto completoThe notion of rights and economic interests protectable relocated internationally has clear links with international capital movements. And one cannot speak of these movements without mentioning the legal dispute which concerns internationally.Because these movements fall transfers of private capital and are subject to measures stress in the host country. But our subject is addressed in the context of proceedings brought before the ICJ that made this two important cases, namely the Barcelona traction judgment in 1970 and ElettronicaSicula judgment in 1989, which may be added a recent judgment long-awaited but disappointing, the Diallo judgment in 24 th May, 2007.The general aims of this study is to contribute to the reflection on the theme that fits in the context of international economic disputes of private origin and interested individuals who relocated their international activities. These shareholders persons or entities that issue long-term investments abroad. These are referred to as direct investment consisting in the provision of capital from one company to another, though the establishment of a foreign subsidiary, or increasing the capital thereof, the redemption a foreign company, the equity investment, the establishment of a foreign company with majority foreign shareholders company. Indeed, for the host countries, these investments are a factor of development. Because they are a method of transfer line technology. Foreign investors bring whith them innovative production techniques. Efficient organization methods and know – how which gradually spread to the entire country and will boost productivity. Consequently, these countries have imported technical progress without having to pay for it. Under these conditions the shareholders, which are other than direct investors are waiting for their insured internationally, security and freedom of economic activities. In addition, in the event of a dispute regarding the processing of their rights and economic interests of States where they are established, these economic actors rely on diplomatic and legal protection that the ICJ may decide against them. Finally, our research should be examined in this study, if the ICJ is a universal jurisdiction is the appropriate legal framework for resolving disputes resulting from international economic realities. Because we show that the concern for foreign investors’ concerns, first, the identification of protectable rights and economic interest in the jurisprudence of the ICJ on the hand, and the determination of the quality of state to the Court on the other