Tesis sobre el tema "Droits et protections"
Crea una cita precisa en los estilos APA, MLA, Chicago, Harvard y otros
Consulte los 50 mejores tesis para su investigación sobre el tema "Droits et protections".
Junto a cada fuente en la lista de referencias hay un botón "Agregar a la bibliografía". Pulsa este botón, y generaremos automáticamente la referencia bibliográfica para la obra elegida en el estilo de cita que necesites: APA, MLA, Harvard, Vancouver, Chicago, etc.
También puede descargar el texto completo de la publicación académica en formato pdf y leer en línea su resumen siempre que esté disponible en los metadatos.
Explore tesis sobre una amplia variedad de disciplinas y organice su bibliografía correctamente.
Paulus, Arnaud. "Protections et garanties du cessionnaire de droits sociaux". Nice, 1994. http://www.theses.fr/1994NICE0011.
Texto completo-This work is a doctoral law's thesis about somme specific aspects of the purchase of shares or, broadly speaking, purchase of securites. - when the purchase's contract appeared to be less rewarding to the purchaser than contemplated, is there any remedy ? - if there is no question about the validity of consent and in the absence of any wrongdoing from the seller, a legar warranty is available to the purchaser. But legal warranty does not protect much, the purchaser may therefore need to bargain warranty clauses in the very contract to fill the loopholes as far as possible. The aim of this work is to bring out the complexity and many snares and problems behind these clauses (. . . ) And to suggest, according to each case, possible anxwers and solutions
Auriel, Pierre. "L’équivalence des protections des droits fondamentaux dans l’Union européenne". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020054.
Texto completoEquivalence of fundamental rights protection is a requirement formulated by national courts in order to reconcile the constitutional obligations to implement European Union law with the protection of constitutional and conventional fundamental rights. In particular, in order to meet the requirements of unity and primacy of Union law, national courts agree to suspend the review of State acts implementing European Union law in the light of fundamental constitutional and conventional rights as long as European Union law guarantees equivalent protection of fundamental rights. As a baroque and unstable device, this requirement is necessarily precarious, with occasional breaks in equivalence frequently occurring. The study of this requirement and these breaks reveals the structure of the European Union in which it is embedded and to which it responds. In particular, the international nature of the Union and the mechanisms for receiving European Union and national law appear through the interplay of equivalence. European Union law is implemented by being subject to the constraints of national legal systems and, in particular, their constitutional order
Pizzetta, Scarlett. "Entreprises et droit international humanitaire". Electronic Thesis or Diss., Université Côte d'Azur, 2024. http://www.theses.fr/2024COAZ0004.
Texto completoGlobalization of market economy offers new opportunities for business enterprises by being a source of growth, jobs and prosperity, although it can also generate risks, especially when they develop activities in areas plagued by armed conflicts, either international or internal, and in occupied territories.Enterprises are being encouraged by civil society and international organizations to increasingly consider human rights law, which applies whether in armed conflict or peace condition.International humanitarian law, even though it is specifically designed to handle situations of armed conflict, and since it has important effects for business enterprises when they operate in countries experiencing such situations, is less known to them and less subject of attention by the doctrine, especially the French-speaking one.A number of recent disputes have raised questions in this area, both in terms of business enterprises by the corpus of international humanitarian law, and about enterprises submission to these rules.This thesis analyses the applicability of international humanitarian law to business enterprises, their employees, their properties, their activities which may be at the same time targets, victims, participants in armed conflicts, even perpetrators of international humanitarian law violations, raising questions relating to the adaptation and relevance of IHL to these entities
Bélot, Dimitri. "La durée de protection en droit d'auteur et droits voisins". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3029.
Texto completoThe model of protection of works, whether is copyright or droit d’auteur, is now strongly criticized.Particularly regarding its duration. Why do we now have a seventy years post mortem auctoristerm of protection of in France, in European Union and in the United States? In an era ofconstantly evolving Internet and dematerialized contents what are the risen current challenges forsuch a period of protection?Answering these questions requires historical and legal "deconstruction" of the model in order toapprehend the current application of a term of protection of seventy years post mortem auctoris tothe works.While it is also important to understand recent developments in computation time, and in particularthe different extensions of the term of protection, it is also fundamental to study the extension of thescope of copyright and droit d’auteur to certain types of works such as software or database.Cultural lobbyists and many right holders play an important part in the current trend of an everlonger protection period. Therefore reasserting the value of public domain is now not only urgent,it’s capital. The economic analysis of the model shows that the duration of protection of works,which is today particularly long with regard to the current technological tools, impedes the spreadof knowledge without, however, increasing the incentive to create. Thus, the protection model needsto be analyzed and rethought, both legally and economically, so that concrete reform of this modelcan be proposed
Cao, Nhat Linh. "La protection des droits des travailleurs étrangers en droit français et en droit vietnamien". Nantes, 2011. http://www.theses.fr/2011NANT4022.
Texto completoMany international legal instruments contain provisions about facilitating labour immigration and protecting the rights of foreign workers. Unlike France, however, Vietnam only participates in a few general international legal instruments on human rights. This country doesn't participate into special conventions on migration, freedom trade unions, collective labour agreement and social security. Consequently, Vietnamese law has many gaps in labour immigration and protecting the rights of foreign workers in comparison with international instruments and French law (especially, collective rights and rights of social insurance) Therefore, comparative studies between French law and the Vietnamese law, in the light of international instruments, will give to Vietnamese legislator's opinions and useful solutions to improve the Vietnamese law on protecting foreign workers
Diallo, Abdoulaye. "Protection de l’entrepreneur individuel et droits des créanciers : étude comparée droit français-droit de l’OHADA". Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3013/document.
Texto completoWith regard to the principle of the system of assets, the individual entrepreneur take on all his assets. In case problems occur, his creditors could seize his personal properties and business assets. This unlimited liability of the individual entrepreneur might have serious consequences, especially when he is married, in a civil partnership or in concubinage. The individual entrepreneur's fragility has encouraged the legislature, in the French as well as in the OHADA law, to create mechanisms that would give him the opportunity to put his personal assets immune from the judicial proceedings of his professional creditors. Thus, apart from any associate's appropriation, the individual entrepreneur is now able, under the French law, to keep his personal assets out of his profesional creditors' right of forfeit, through the notarized statement from seizure or the option of the EIRL. Equally, through the matrimonial systems or the technique of the trust, he may limit the rights of his creditors. However, the effectiveness of the mechanisms of protection of the individual entrepreneur is not absolute. Indeed, it is often put into question by former creditors, and even the individual entrepreneur who sometimes may renounce to it in order to get credit. Moreover, when the individual entrepreneur is subjected to a collective proceeding, the effectiveness of the protection is only but relative. The partition of expected assets or the exemption of certain personal belongings from the creditors' forfeit is questioned. Therefore, the protection offered by these mechanisms is only but fallacious, hence the need to strengthen their effectiveness. In the absence of effective mechanisms of protection, the individual entrepreneur may resort to the different procedures of prevention as an alternative to the mechanisms of protection
Trimarco-Marciali, Anne. "Droits fondamentaux et protection de la vie humaine prénatale : étude de droit constitutionnel comparé et de droit européen". Nice, 2008. http://www.theses.fr/2008NICE0019.
Texto completoWether it is studied under the angle of Constitutional comparative law or European law, the question of unborn human life leads to the same conclusion. Whereas this life is protected in the name of Constitutional and conventional obligations inherent to fundamental rights, such a recognition challenges these rights. The philosophy of fundamental rights is indeed based on the idea that the protection of these rights must be equal, universal, and independent of States' will. However, the conditions required to acknowledge the applicability of these rights to the unborn human life lead to protect it inequally, partially and dependantly of States' will, so that substantial base of these rights is indirectly challenged. Moreover, the acceptation of unjustified offences to the rights protecting unborn human life challenges legal value of fundamental rights
Moussa, Mohamad Raeid. "La protection du témoin : étude de quelques droits nationaux et du droit international". Poitiers, 2008. http://www.theses.fr/2008POIT3003.
Texto completoSince they are not opponents in a criminal trial, witnesses appear to be, from time immemorial, essential to an efficient criminal justice. Their importance is increasing not only in common law cases but also in particular types of criminal cases like organized crime and terrorism. Traditionally testimony is considered as a civic duty and each citizen is meant to accept to testify and to contribute to truth revealing. Each opponent in a trial has a right to bring testimonial proof. However this right and that civic duty lead to the obligation, for witnesses, to bend to multiple restraints. Furthermore the dangerousness of some crimes may have prejudicial consequences to the witness and, therefore, to justice. So the recognition of a right for the witness to be provided a protection is very acute. Indeed judicial systems have set a bunch of specific protective measures adapted to various circumstances. This supposes, first, to guarantee the availability of the witness and to induce him or her to testify ; then, to protect the witness and his or her statement. Nevertheless these judicial measures are not systematic and they may sometimes conflict with the rights of the Defense as putting the brakes on some essential principles like the right to a fair trial. What kinds of measures are set to assure the protection of a witness ? Which part takes a witness in his or her own protection ? How can we define the evolution of this system and evaluate the influence of these measures and justify them ? The present study intends to answer those questions and to bring to light the judicial rules and practices applied in national and international law
Mahjad, Bouchra. "Le déséquilibre contractuel en droit marocain : l'apport du droit de la consommation au droit commun des contrats : approche comparée des droits marocain et français". Perpignan, 2014. http://www.theses.fr/2014PERP1179.
Texto completoIn the general theory of contracts, a commitment made by consenting parties is deemed inviolable. The legislator takes the contractor’s consent to be a necessary condition, and hence takes measures to protect contracting freedom and to maximize the binding force of the contract. However, the issue of prior consent is becoming problematic with today’s economic changing realities. There have emerged new types of unilaterally pre-formulated contracts which do not allow for any prior negotiation whatsoever, a fact which has urged the introduction of the Consumer Law that is meant to protect the rights of the weaker parties. This new law is more concerned with the identity of the contractors than with the nature of the contract. This law is therefore based on a new conception that seeks to guarantee a contractual and economic balance among contractors. Inspired by the french consumer law, the moroccan consumer law permits the legislator to issue whatever consumer-protecting laws necessary. In any case, however, the consumer needs to be sensitized and well-informed. The moroccan government is thus urged to encourage the creation of more associations for the defense of consumer rights, and to provide them with the financial support needed for them to carry out their mission
Kenderes, Andrea. "Conceptions et techniques du droit de la consommation : comparaison des droits français et hongrois". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D006.
Texto completoIn regulatory jurisdictions that provide for this consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace. The laws are designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors. Furthermore the importance of the consumer protection is to safeguard the consumer from exploitation. In the absence of consumer protection, consumers were exploited in many ways for example sale of unsafe products, adulteration and hoarding of goods, using wrong weights and measures, charging excessive prices and sale of inferior quality goods. Through various Consumer Protection Acts, business organizations are under pressure to keep away from exploiting consumers. Consumer protection law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. In 2018, the European Commission is proposing a New Deal for Consumers to ensure that all European consumers fully benefit from their rights under Union law. A study on transparency in online platforms, also published, supports the New Deal’s proposals on online market places. Finally, the different theories show the sophisticated aspects of the French consumer law which has been developing since the Code Napoleon
Boisard-Petrissans, Julie. "Couple et protection de la personnalité". Pau, 2006. http://www.theses.fr/2006PAUU2007.
Texto completoThe advent of a society focused on the individual ranks the search of happiness up to a genuine social requirement. Nothing must interfere with, couple’s relations included. Such a militant individualism stands though actually in the way of living together. In fact, the notion of a tie inherent in the pair proves to be a priori antinomic with the demand of a support of personality : individuality goes against unity. Does it mean therefore that the yearnings for identity, typical of our post-modern society lead to consider the relation between woman and man as fellowship of two strictly independent individualities? Everyone can, by instinct, easily discern it can’t be so. The pair never shows any indifference to the fate of protection of personality : an enrichment of the personality, thanks to the couple, will suit to the imparing of the support of personality by the pair. This impact, both negative and positive of the couple on the protection of personality isn’t though unvarying. It differs not only according to the means of personality 5rignhts of personality and civil freedoms) but also according to ways of living together. Differences between couples aren’t obliterated. They reveal the deep motive of each way of living together
Pessina, Dassonville Stéphane. "L'artiste-interprète salarié (entre création intellectuelle et protection sociale)". Montpellier 1, 2004. http://www.theses.fr/2004MON10062.
Texto completoGignon, Maxime. "Protection de la santé et territoires". Paris 8, 2012. http://www.theses.fr/2012PA083502.
Texto completoHealth Protection is provided by the individual but also by society. The right to health protection is a structuring element of health policies that aim to move towards a high level of protection. In France, health protection is an executive mission of the Government, which is founded in the Preamble to the Constitution of 1946. This principle is the basis for an individual right to health protection. This individual right is expressed through increasing requirements to health professionals so that they reach the intended therapeutic result, but also to the state. One of the first patient's rights, is access to care. This access depends on several factors including the availability of professionals and infrastructure. The care need to be quality and appropriate to the patient's health status, and access to care should be no discrimination. The right to health protection is a source of benefit entitlements, rights-obligations and duties that render it effective. The State shall ensure the protection of public health by law within the national territory. However many inequalities exist. The health protection between national, european union and international space is uneven. Extending with advances in biomedical research and the social safety requirement, the field of public health is constantly pushing its limits. Health law affect more and more areas, but cannot become a panacea. This is the side of the "social contract" that we must seek to improve protection
El, Amine Mohammed. "La problèmatique de la protection des droits de la personne gardée à vue en droit comparé : droit marocain et droit français". Perpignan, 2008. http://www.theses.fr/2008PERP0829.
Texto completoThe police custody is an exceptional measure. It may be ordered only for the purposes of an investigation and under certain conditions. The aim of this study is to examine the French and Moroccan police custody systems. The two systems have undergone each a different evolution course ever since the promulgation of the corresponding codes of criminal proceeding rules. While the French legislator has managed to render its police custody system more respectful to human rights, the Moroccan law, despite the undeniable progress in this area since the introduction of the new code of criminal proceeding rules in October 2002, remains far from being on the same footing as the French law. Two main factors explain this state of affair. First, the Moroccan legislature has failed to keep up with the international context that became more favorable to the protection of individual liberties after the Second World War. Second, there has been a lack of will and courage from all the stakeholders concerned by the criminal policy of Morocco: the legislature, the Constitutional Council, the Government, the Advisory Council for Human Rights, the Supreme Court, the associations of human rights. .
Garompolo, Devidal Mélinda. "Droit international public et action humanitaire : deux "acteurs" de la protection des droits de l'enfant". Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD002/document.
Texto completoBy making a survey of the several rules of current public international law, this dissertation will try to make the reader undestand the importance of the protection of children's rights all over the world. Nowadays, children die every minute because of conflicts, diseases, malnutrition..., a lot of them are exploited and have no possibilities of going to school, seeing their future escaping them every day a little more. It is against all these too recurring problems that States have to intervene by exercising their legislator's role, both on the international level and on the national level. But they also have to take their role of subject of law by respecting the international conventions which they made a commitment to respect of their own free will. This respect requires them to protect the children by offering them the possibility of enjoying humanitarian aid set up by many organizations loudly proclaiming that everybody has to act, in one way or another, to allow the development of many and various actions in spite of difficulties
Morel, Béatrice. "La protection des droits d'auteurs en France et aux Etats-Unis : étude de droit comparé". Lyon 3, 2001. http://www.theses.fr/2001LYO33026.
Texto completoChiu, Victoria. "La protection de l'eau en droit public : Étude comparée des droits espagnol, français et italien". Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0081/document.
Texto completoWater as a natural resource in constant motion is difficult to grasp by the law. The shortage of this resource remains a major problem in parts of southern Europe, particularly in Spain, France and Italy. Faced with this challenge, enhanced legal protection is necessary with force. Is the law able to guarantee this resource protection through a special status that respects its vital and rare character? The purpose of this piece of work is mainly to set a comparative law perspective between the French, Italian and Spanish legal systems, studied in the light of the law of the European Union which promoted a standardization of water protection, even if it remains insufficient. The public domain, the concept of heritage, and the gradual recognition of the right to drink water and sanitation are the solutions proposed by the legal systems studied. The question of the effectiveness and efficiency of public water protection is at the heart of the study. It raises questions about the actors in the implementation of the protection of water, as well as an often complex sharing of skills. In this perspective, the role of the administrative judge and judges of public waters in terms of effective enforcement of protective standards for water is fundamental. So the question of the effectiveness of protection raises central, because it follows both the preventive character and the repressive nature of the sanctions imposed in the case of damaging the water resources
Chiu, Victoria. "La protection de l'eau en droit public : Étude comparée des droits espagnol, français et italien". Electronic Thesis or Diss., Toulon, 2014. http://bu.univ-tln.fr/userfiles/file/intranet/travuniv/theses/droit/2014/2014_Chiu.pdf.
Texto completoWater as a natural resource in constant motion is difficult to grasp by the law. The shortage of this resource remains a major problem in parts of southern Europe, particularly in Spain, France and Italy. Faced with this challenge, enhanced legal protection is necessary with force. Is the law able to guarantee this resource protection through a special status that respects its vital and rare character? The purpose of this piece of work is mainly to set a comparative law perspective between the French, Italian and Spanish legal systems, studied in the light of the law of the European Union which promoted a standardization of water protection, even if it remains insufficient. The public domain, the concept of heritage, and the gradual recognition of the right to drink water and sanitation are the solutions proposed by the legal systems studied. The question of the effectiveness and efficiency of public water protection is at the heart of the study. It raises questions about the actors in the implementation of the protection of water, as well as an often complex sharing of skills. In this perspective, the role of the administrative judge and judges of public waters in terms of effective enforcement of protective standards for water is fundamental. So the question of the effectiveness of protection raises central, because it follows both the preventive character and the repressive nature of the sanctions imposed in the case of damaging the water resources
Nadeau, Alain-Robert. "Vie privée et droits fondamentaux : étude de la protection de la vie privée en droit constitutionnel canadien et américain et en droit international". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ57059.pdf.
Texto completoForni, Federico. "Citoyenneté européenne et protection diplomatique". Strasbourg, 2011. http://www.theses.fr/2011STRA4028.
Texto completoThis thesis aims to analyze the concept of diplomatic protection, defining the features of this institution in the legal framework of the European Union in order to assess whether, and how, this form of protection can be carried out in favor of European citizens. The thesis develops the subject in four chapters. The first chapter is dedicated to diplomatic protection in international law and it is basically divided in two parts. The first part analyzes the particularities of diplomatic protection in traditional international law, while the second part concerns the latest developments that can influence the evolution of diplomatic protection. The second chapter focuses on the diplomatic protection of European citizens by Member States in third countries where the State of nationality is not represented, analyzing Art. 23 TFEU, which seems simply to extend outside the EU the principle which prohibits any discrimination on grounds of nationality (Art. 18 TFEU). The third chapter of the thesis aims to assess whether the EU can protect all European citizens carrying out actions of diplomatic protection. Finally, the fourth chapter aims to assess whether the decision to refuse diplomatic protection may be subject to judicial review in the light of the latest doctrinal and jurisprudential trends and in the light of a legally binding Charter of Fundamental Rights
Essoh, Jean Bosco. "Recherches sur les relations entre les droits de l'homme et l'environnement en droit international". Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30051.
Texto completoLinks between human rights and the environment are developing, because of their meeting and their coexistence in international law. This research aims to highlight the joints that characterize this law. The resulting reports are in the texture and the role of standards there are the product of the legal sources, the driver of their structural and functional design that doubles as a result of the analysis of relevant standards as well as over that of the relevant case law. Structural design reports based links resulting from the overall appearance of the standards considered during the design meets functional linkages arising from the operation or use of such standards. In this perspective, the relationship between human rights and the environment are part of a dialectical relational logic, to generate coherent evolution of differentiation towards complementarity. Thus, despite the fundamental differences that result from formal reports, human rights and the environment develop a functional point of view, relations of mutual fertilization. The environment wins in terms of strengthening its protection scheme, while human rights in benefit for the recognition of new rights
Rikabi, Mouaz. "Les droits de la propriété intellectuelle et l'intérêt général : approche en droit d’auteur et en droit des brevets". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0019.
Texto completoThe evolution of the industrial economy towards the economy of knowledge has propelled intellectual property to the forefront. Intellectual property has become integrated in all the domains of the modern life. As a result, it has become a necessity to protect it effectively through appropriate legal rules that encourage creators to continue to provide new creations. However, the specificity of the nature of the work protected by intellectual property requires the consideration of multiple conflicting interests. As such, the legislator has sought, in the name of the general interest, to create a fair internal balance between the main interests present within the system of intellectual property rights. Nevertheless, the exercise of the prerogatives granted by the intellectual property system, carried out by the owner of intellectual property, has caused an important expansion of the interests of this owner, to the detriment of other concurrent interests. This has consequently caused a break in the internal balance of the system, instigated by the legislator. Nonetheless, the general interest can play a key role in restoring balance through the application of external rules to the intellectual property regime. In this perspective, the judge can, by using his creative power of jurisprudence, use the general interest as a guideline to restore balance in the intellectual property system. The general interest justifies thus, as well as the intrinsic limits to intellectual property rights, the extrinsic limits to these rights
Simmala, Di Gore. "Le domaine réservé de l'état et la protection internationale des droits de l'homme". Poitiers, 2010. http://www.theses.fr/2010POIT3009.
Texto completoThe XXth century was marked by the appearance of the concept of the human rights and international right. However it was not accepted by states which wanted to protect ther sovereignity. Since then there has been a debate on the relationship between human rights and the domaine reserved to domestic state affairs. Even though it is currently widely accepted that human rights should be protected by international law, it is unavoidable to notice that there is a certain relativisation of facts by international law
Avignon, Sylvie. "La protection pénale des droits de la personnalité au regard du droit interne et de la Convention européenne des droits de l'homme". Aix-Marseille 3, 1991. http://www.theses.fr/1991AIX32033.
Texto completoStarting with an analysis of extra-patrimonial rights in french law, the idea is to compare their level of protection under both french law and that of the convention. Zones of convergence and divergence appear, and it is interesting to see the influence of supra-national rules on french law
Fercot, Céline. "La protection des droits fondamentaux dans l'État fédéral : Étude de droit comparé allemand, américain et suisse". Paris 1, 2010. http://www.theses.fr/2010PA010331.
Texto completoEl, Rajab Dima. "L'opposabilité des droits contractuels : étude de droit comparé français et libanais". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020074/document.
Texto completoThe notion of opposability, which appeared in French doctrine at the beginning of the last century, is of crucial importance today in relation to legal certainty. Thus, it is generally accepted in contemporary doctrine that such a concept explains the non-obligatory effects of contracts towards third parties and particularly in regard to responsibility. On the one hand, third parties must abstain from any act which may harm others' contracts. If this should occur, parties to the contract could claim compensation for any damage suffered as the result of a convention under taken by a third party without regard to their rights. On the other hand, and in parallel, a third-party victim is entitled to make a tort claim against a cocontracting party failed to fulfill a contractual obligation when this would be prejudicial tohim. Having said that, there is an ever-increasing number of authors for whom opposability cannot be used to support the two preceding rules. However, this criticism is notcompletely justified. Indeed, an in-depth study of the exact meaning, of the basis and of the determining characteristics of opposability show that, given a fair definition of the boundaries, this notion remains useful, if not indispensable to protect parties to a contract and third parties
Afifi, Abdelrahman. "Monde arabe et droits de l'homme : vers l'émergence d'un système régional de protection des droits de l'homme ?" Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32062.
Texto completoThe evaluation of the main achievements, difficulties, and future prospects of human rights protection in the Arab world is constantly based on the view that the protection of human rights is a process, and not an objective that can be achieved once and for all. The human rights issue in the Arab countries must be developed in it's legal, economic and religious aspects. Inter-arab legal order does not lack legal texts that assure protection of fundamental rights, but does lack the efficiency of this protection which seems severely fragile. In order to detect progress and regression factors and risks of fracture protection system, we have to place rights and liberties in a historical context. Arabic charter of human rights adopted by the Arab league in 1994 constitutes a progress in comparison with the situation of laws absence that prevailed before in the Arab world. Normative content of this charter includes concept considered rather close to the international charter of human rights. Unfortunately, this approach is technically poor concerning the mechanism of rights protection, and the whole absence of other rights in the charter; as a result the modification of this charter becomes extremely necessary. If the Arabic charter constitutes a challenge of the Arab countries future towards the emergency of a regional system of fundamental rights protection. It's the task of concerned peoples, Arab countries, and international organisations to create necessary conditions to firmly enable this acquisition and to allow the individual to make use of the consecration not only on civil and political rights basis but also of economic, social and cultural ones
Laachrate, Mohamed. "La participation des minoritaires à la vie sociale d’une société anonyme : droits et protection : Étude comparative entre le droit français et le droit marocain". Paris 9, 2011. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2011PA090076.
Texto completoFaced with the omnipotence of the majority in limited companies, the legislative has not left the minority defenseless. Many provisions are designed to provide them special protection. But it is not enough to increase and strengthen the rights of minorities. It’s must be that the minority assumes their responsibility by increasing their participation in the company’s activity. My work is to present the two dimensions of exercise of the participation and rights of minorities: both legal and contractual. If the first dimension limits rights, the second one revitalizes theme. So my thesis employs a comparative approach. The goal of my thesis is to detect the inadequacies of the Moroccan legislation, while presenting the French legislation and its evolution and practices
Mouanga, Diandaha Cyprien Godard. "Les violences conjugales en Droit comparé : approche comparative des droits positifs français et congolais". Paris 8, 2009. http://www.theses.fr/2009PA083269.
Texto completoHaving studied violence between partners in comparative law, this current research will examine the state of legislation concerning this matter, and the place of violence in today’s society. The dynamics of the power struggles and domination between partners will be studied and also the gap within the legal texts, where they exist, the practice regarding these texts, the advances and the delays in enacting positive law in terms of treatment and prevention of partener beating, without neglecting the inherent aspects concerning the characters of the protagonists and to the consequences of this violence. In order to highlight the differences in approaches between developing countries and developed countries regarding the objectives and to put in place the means to battle against this violence, the research will focus in particular on the Congo and France, organized in a hierarchy. The first part is dedicated to the concept of violence between partners. It comprises two titles each providing an extra perspective regarding this concept: The first title analyses the legal framework which regulates violence between husband and wife; the second studies the causes and consequences of violence through a victimological and criminological approach. The second part deals with the socio-legal reaction regarding partner beating and is further divided into two titles underlining the application of regulation and the contradictions in practice which can hide or create injustices and discriminations in terms of the fight against partner beating. The first one is interested in repression of that violence; the other title studies the strategies of the required prevention for its eradication. Taking into account the various legal thoughts and distinctive social characteristics, the work undertaken manages to put in place a consistent system, which tries to protect the victim whilst giving room for the correction and recovery of the violent partner in order to maintain social order
Tonye, Jeanne de Chantal. "L’OUA et la protection des droits de l’homme". Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10001.
Texto completoJohnson-Bégin, Simon. "L'application des instruments de protection des droits et libertés de la personne chez les peuples autochtones du Canada". Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29906/29906.pdf.
Texto completoThis paper examines the application of the Canadian Charter of Rights and Freedom, as well as that of the provincials and federal human rights acts to the Aboriginal people of Canada. Regarding the Canadian Charter, it verifies to which extent the different types of Aboriginal governments are bound by the Charter. It follows by studying the relationship between aboriginal and treaty rights and the Canadian Charter by insisting on the fact that a part of the Constitution cannot abrogate or derogate from one another. As for the provincials and federal acts, it examines the influence of the distribution of powers on their application. As such, it seeks to determine under what circumstances human rights are considered to be of provincial or federal jurisdiction, and then applies those principles to aboriginal matters. It then reaffirms that these acts are subject to aboriginal and treaty rights according to the Constitutional Act, 1982.
Benyahmed, Abobaker. "La protection de la partie faible dans les relations contractuelles : comparaison entre le droit français et les droits des pays du Maghreb". Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCF003.
Texto completoThe protection of the weaker part is one of the most studied subjects; historically and in modern times. In doing so, as a principle, the legal protection of the weaker party in a contractual relationship is a constant.However, the protection of the weaker part is a key issue that has a practical and obvious impact on our daily life. The evolution of protection of the weaker party is also reflected in the multiplication of the entities ensuring its implementation. Until now, the judge has had the quasi-monopolistic powerand competences to monitor the application of the legislations and / or the protection of the concerning contractors. Currently, legislators are attempting to give administrative bodies some roles, competences, and authority that increasingly come close to the judge's ones. In fact, consumer associations play a greater role in promoting and, even setting up, the objective of protection in this issue. Thus, a comparative study of the effectiveness of the rules of French laws and those of the Maghreb countries seems to be essential to contemplate what could be the solutions to the development of contemporary contractual relations
Aba'a, Megne Harry. "Lex loci protectionis et droit d'auteur". Thesis, Université Côte d'Azur, 2020. http://theses.univ-cotedazur.fr/2020COAZ0013.
Texto completoThe principle of territoriality dominates the field of intellectual property and that of copyright. If this principle and the conflict rule it inspires, the lex loci protectionis, were real advances at the end of the 19th century, they are nowadays difficult to convince. Indeed, the principle of territoriality, which is linked to the principle of sovereignty in its dimension of regulation of the internal legal order, is undergoing multiple challenges. However, because of the intensification of transnational exchanges, the extension of markets, the rise of private economic powers, the dematerialised exploitation of works and in particular the possibility of disseminating them on global networks such as the Internet, sovereignty tends to lose significance. This forces us to question the relevance of a territorial connection to a-territorial realities. Maintaining the principle of territoriality as it stands, in terms of conflict of laws, then reaches legal security and the legitimate expectations of the parties. The approach taken in this work is that of a re-evaluation. It emerges in fact that the retreat in transnational relations of the principle of sovereignty - which underlies the principle of territoriality - should be translated in terms of conflict rule by a retreat of the said territoriality. Against the general trend which confirms the hegemony of the lex loci protectionis, the present work proposes, on the one hand, to circumscribe its competence in the fields where the principle of territoriality is not imposed as a necessity, and on the other hand to reorient the connection in such a way as to limit the competition of the applicable laws. In other words, to reserve a place for universalism understood as a bulwark against the variability of the applicable law and the legal insecurity that this variability could entail
Rbii, Hamid. "Environnement international et protection des droits de l'homme au Maroc : essai sur l'édification d'un État de droit (1990-1996)". Toulouse 1, 1997. http://www.theses.fr/1997TOU10070.
Texto completoThe aim of this study is the human rights situation in morocco. Indeed, in the 1990th a deep change and substantial improvement in human rights protection have been recorded in this country. This reality can be explained by two important factors. The first one is the international context post second world war, which became more favourable to individual freedom's and right's. The international law and relationships between states base oneself on reciprocal respect of the human rights. The important actors: United States, European Union, France and Amnesty International have played a great part. The second one is the national context which was ready to receive international environment's pressures and to give effect. The monarchy's will and ngo's implacable role have run onto considerable normative recasting. Two constitutional reviews, the family's right reform, penal procedure amendment, the ratification of several international agreements in human rights matter are the signs of this improvement. The establishment of the right's state has been accompanied by putting into place of several organizations: human rights office, CCDH, CNJA, Constitutional Council, administrative courts. Our approach doesn't limit oneself on the analysis of texts but confront the daily (everyday’s) reality
Robitaille-Froidure, Amélie. "Liberté d’expression et protection du mineur sur Internet : étude comparée des droits français et américain à l’aune du droit européen et international". Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100163.
Texto completoLong-standing renowned, freedom of speech « regardless of frontiers » takes on its full meaning with the development and the massification of the Internet. As beneficial as it might be, the latter presents many risks for children. Among these risks, those which already occured on traditional meadias are emphasised in cyberspace. Simultaneously, Information and Communication Technologies induced new habits that created unprecedented dangers for minors. Though not imposing « cyberpaternalism », States don’t want the Internet to be a lawless space governed by « cyberlibertarians ». Trying to balance freedom of speech and protection of minors on the Internet, States have to admit that in cyberspace such a conciliation is very thorny
Quezada, Cabrera Hernan. "L'affaire chilienne et le fonctionnement du système interaméricain de protection des droits de l'Homme". Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30014.
Texto completoThe process of recognition and protection of human in chile initiated in the past century suffered a considerable setback owing tothe coup d'etat of 11th september 1973. From that moment, serious, massive and systematic violations of human rights were commited in that country; by means of the constitution promulgated in 1980, and still in force, a political system of anti-democratic character was imposed, which brought about the suppression of important fundamental rights on the constitutional level. From 1973 to 1990, this situation was especially observed by different international organizations and institutions, among others the organization of american states (OAS). But the first international initiatives on the violations of human rights in chile were taken on the regional american level, in which the inter-american commission of human rights played a decisive role. According tothis organ of the oas, the main causes of the violations mentioned were the states of emergency declared from september 1973, as well as the system of the laws established by the military regime, and, particularly, the constitution of 1980. The numerous actions carried out by the organs of the inter-american system concerning the chilean situation have made visible the limitations of the principle of non-intervention in the case of serious and systematic violations of human rights committed in a certain country: in view of such violations, an intervention in the internal affairs of a state through an international organization appears to be juridically acceptable according to contemporary international law
Beaulieu, Christian 1969. "Du droit à la vie privée et de la protection des droits d'auteur : concepts et impacts sur les activités de télédétection par satellite en droits international, américain et canadien". Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23953.
Texto completoHennebel, Ludovic. "La Convention américaine des droits de l'homme : mécanismes de protection et étendue des droits et libertés /". Bruxelles : Bruylant, 2007. http://catalogue.bnf.fr/ark:/12148/cb41357134f.
Texto completoBouzir, Riadh. "La protection et la défense des droits et libertés des administrés contre les abus de la puissance publique en droit marocain". Perpignan, 2003. http://www.theses.fr/2003PERP0659.
Texto completoMattes, Anita. "La protection de la culture des communautés traditionnelles : Réflexion à partir des droits d’auteur français et brésilien et du droit international". Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLS119.
Texto completoThe study of the relationship between the culture of traditional communities and law implies having a wide perspective, combining a comparative and an international approach, as the concepts are varied and the instruments diverse. In Brazil, a country with a great cultural diversity, the need for the protection of popular culture is a growing, justified and necessary demand. France, on the other hand, has both the benefit of being the birthplace of copyright and possessing, too, a part of traditional culture. In addition, since the 1970s, the international indigenous movement gradually took a growing place in international debates.Thus, two directions rise attempting to protect the culture of traditional communities. Firstly, the possible use of traditional instruments for the protection of intellectual property rights will result from the international negotiating processes. In addition, in recent years, the tendency of elaborating a specific protection for traditional culture has emerged. In this perspective, the comparative analysis of the French and Brazilian legal systems can allow us to broaden our reflection on regimes whose effective implementation seems to be particularly complex. This thesis prompts us to question the reasons for this dysfunction by providing a study on several normative instruments. The result is a three-level analysis (international, national and, in some cases, local) aiming to highlight the major challenges of regulating traditional culture
Dubin, Laurence. "La protection des normes sociales dans les échanges internationaux /". Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2003. http://www.gbv.de/dms/sbb-berlin/470253444.pdf.
Texto completoBrels, Sabine. "Le droit du bien-être animal dans le monde : évolution et universalisation". Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/32964.
Texto completoAnimal welfare law is globalizing. Beyond presenting its world-wide evolution, this thesis demonstrates the existence of legally strong foundations toward a universal protection of animal welfare in international law. What is animal welfare law? Mostly unknown in the legal science of French-speaking countries, animal welfare law concerns all the prescriptions which aim at reducing the poor welfare of the animals used for various ends (such as food and clothes production, experiments, entertainments, captivity, company etc.). Those prescriptions generally aim at condemning some acts of cruelty and promoting the good treatment of these animals. However, economic, scientific, cultural or traditional purposes pose often severe limitations or exceptions. This study presents the general content and outlines the main strengths and weaknesses of animal welfare law in the world. In a first part, this thesis brings to light the increasing progression of animal welfare law. First adopted by Anglo-Saxon and European countries in the XIXth century, anti-cruelty laws then spread to other countries in the XIXth century. From the 1960s onwards, a new model of legislation was born, explicitly concerning animal welfare. Right after appeared the European instruments on this subject, now regulating activities such as farming, transports, slaughter and experiments. They are aimed to reduce the suffering of the animals, recognized by the European Union as "sentient beings" deserving protection. In a second part, this thesis states that animal welfare is emerging as a new objective internationally, even universally, since the beginning of this XXIth century. In this sense, the objective of animal welfare protection has been integrated recently in international instruments, most notably in the standards of the World Organisation for Animal Health from early 2000'. Today, animal welfare is beginning to be addressed by the largest global organizations, such as the World Trade Organization and even the United Nations. Can the protection of animal welfare be formally recognized by the Community of States and enshrined in international law as a new universal imperative? Using the theoretical framework of the formal sources of international law lead to the following results: there is a common ground on animal welfare law, from which general principles can be identified, in order to allow the establishment of solid foundations towards the recognition of animal welfare protection as a new universal imperative for the Community of States, particularly in a global convention. Finally, the main conclusion underlines that animal welfare law is currently weak regarding its protective goal. Indeed, it aims less to truly protect the welfare of the animals, than to merely reduce their suffering. However, in progressing towards a better consideration of animals' interests, a real protection of animal welfare can become a future reality in the law. Key words: animal welfare; animal law; comparative law; European law; international law; general principles of law; conventions; international organizations.
Dieng, Mahmadane. "Exceptions au droit d'auteur et mesures techniques de protection". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020081/document.
Texto completoLike two elements that cannot coexist without working against each other, exceptions to exclusive rights and technological protection measures are in opposition. There are countless articles in the specialised literature devoted to their incompatibility. Exceptions to exclusive rights are “legal exemptions” from the operating monopoly. They enable the implementation of exclusive rights to be neutralised even though the conditions for the application of the latter have been met. Technological protection measures are intended to prevent unauthorised use by rightholders. The question is whether these technological systems can restrict the use of exceptions to exclusive rights. The answer is affirmative, since the directive 2001/29/CE of 22 May 2001 prohibits the circumvention of technological measures even though it would be a case of implementing an exemption to exclusive rights. The European instrument, however, establishes a protection system in favour of certain exceptions. Consequently, French lawmakers have created an independent administrative authority – the High Authority for the dissemination of creative works and protection of rights on the Internet – in order to safeguard the benefits of these exceptions. It could be asked whether the establishment of a protection system implicitly acknowledges the crucial value of these exceptions. In any event, it suggests that they do indeed constitute legally protected interests liable to be brought before the legal authorities, contrary to the Court of Cassation’s assertions
Masson, Thibauld. "La protection européenne des droits de l'Homme". Nice, 2003. http://www.theses.fr/2003NICE0021.
Texto completoLöhrer, Dimitri. "La protection non juridictionnelle des droits fondamentaux en droit constitutionnel comparé. L'exemple de l'Ombudsman spécialisé portugais, espagnol et français". Thesis, Pau, 2013. http://www.theses.fr/2013PAUU2006/document.
Texto completoThe figure of the Human rights ombudsman appeared into the Iberian Peninsula at the demise of Franco and Salazar dictatorships in order to facilitate the transition to democracy. In France this figure finds its contemporary justification due to the insufficiency of the classic mechanisms of guarantee of the fundamental rights. The Human rights ombudsman is specially designed for the protection of fundamental rights, and is indeed a form of non jurisdictional protection in a perspective of complementarity of the traditional ways, especially the court of appeal and, as such, favors the emergence of an institutional system of complete protection. The protection proposed by the Human rights ombudsman contributes to an indisputable consolidation of the fundamental rights however it is essential that it remains relative. Yet, it does not fill all the inadequacies affecting the other instances of guarantee as the Human rights ombudsman suffers from imperfections likely to prejudice the effectiveness of its mission of protection of the person’s human rights
Pelissier, Catherine. "La protection des droits économiques et sociaux fondamentaux dans la Communauté européenne". Montpellier 1, 2001. http://www.theses.fr/2001MON10014.
Texto completoPapatheodorou, Thémistoklis A. "La protection juridictionnelle des droits incorporels patrimoniaux dans les droits publics français et grec". Paris 2, 2010. http://www.theses.fr/2010PA020004.
Texto completoBanga, 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
Perraki, Panagiota. "La protection de la vie personnelle du salarié en droit comparé et européen : étude comparative des droits français, hellénique, britannique et européen". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00997155.
Texto completoAbdel, Karim Samy. "La protection des droits et des libertés individuels au cours de la phase policière des investigations en droit compare français et égyptien". Rennes 1, 2001. http://www.theses.fr/2001REN10404.
Texto completo