Tesis sobre el tema "État – Droit"
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Mborantsuo, Marie-Madeleine. "Cours constitutionnelles africaines et État de droit". Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32004.
Texto completoThis Ph D dissertation represents a comparative study on the role played by African constitutional courts in the establishment and implementation of the rule of law. This work is based on an extensive study of unpublished cases from African constitutional courts. The author defines the degree of originality of these constitutional courts based on both foreign models, especially the French one, and municipal specificities. The author then studies in an extensive way classical fields of constitutional review. In this study, forms (prior to and after the promulgation of the statute) and methods of constitutional review are especially dealt with. The originality of this study remains that one of the greatest achievement of African constitutional courts to enforce the rule of law lies in their ability to make effective not only a technical constitutional review but also in extending their scope of intervention to elections litigation and regulating the relationship between organs of state. .
Lanoy, Laurence. "Remise en état et droit de l'environnement". Paris 2, 2000. http://www.theses.fr/2000PA020080.
Texto completoEnvironmental law has set up an interesting mechanism in regards to environmental clean-up. In fact, ecological catastrophes that often have irreversible consequences coupled with the risks resulting from a technological society that has spiraled out of control, has led to an increase in public awareness. Society now admits its own responsability regarding the environment and takes the required measures in order to clean-up the damage caused by pollution. The clean-up witch consists of returning the environment to its original state is the particular response of environmental law to the specific features of the ecological damage. The obligation to return the environment to its original state which has no clear legal origins, due to the specificness of recent law, now covers many areas. Then, how is it set up, how can it be defined, which obstacles is it faced with? Finally, what are its theoretical foundations? This study is an attempt to find some answers
Vareilles-Sommières, Pascal de. "La compétence normative de l'Etat en matière de droit privé, droit international public et droit international privé". Paris 1, 1992. http://www.theses.fr/1992PA010261.
Texto completoGiven a private law relationship, does the question wether a state has jurisdiction to regulate this relationship find answers in public international law, and if so, what is its substance ? state jurisdiction to regulate private law relationships is essentially regulated by private international law, which provides for jurisdiction to adjudicate (conflict of jurisdiction rules) and, rules of jurisdiction to prescribe (conflict of laws rules). In order to have an influence on the answers to questions implemented by this rules, public international law might either deprive them of efficacity by substitution of real internationalrules of jurisdiction, or prescribe to states which enact them to comply with some conditions of lawfulness. A quest on international prescription bearing on state jurisdiction in private law matters shows that international law does not contain in itself real rules of jurisdiction, but that it just regulates the way the states implement both their own jurisdiction and the jurisdiction of other states. The content of this regulation can be reduced to the principle of non-intervention of states in domestic affairs of other states. That means that international law forbids a state to challenge independance of another state in taking its place as a legislator or judge of all or a substantial partoi private law relationships belonging to its jurisdiction. A state which violates this principle would have to deprive of efficacity unlawful norms, according to international law of states responsibility ; the lawfulness and afficacity of these norms could even be challenged by third-states
Basilien-Gainche, Marie-Laure. "État de droit et états d'exception : étude d'une relation dialectique à partir du constitutionnalisme colombien". Paris 3, 2001. http://www.theses.fr/2001PA030160.
Texto completoThe present work intends to uphold the theory that a dialectical tension exists between two notions, which, seemingly antinomic, are nevertheless indissociable, and therefore interactive : on the one hand, the State of Law, a political finality, which is the very goal of the State, and which requires separation of powers and protection of rights ; on the other hand, the states of exception, juridical techniques at the State's disposal, which allow for concentration of powers and limitation of rights. Indeed, regimes of exception presuppose a normality, -that is the authority of the State, and the will of a State of Law-, to be recognized as methods serving political society. The state needs to admit and employ states of exception, with the aim of detaining the prerogative which is necessary to create and preserve its own sovereignty, so as to become a State of Law. .
Cassella, Sarah. "L' état de nécessité en droit international public". Paris 1, 2009. http://www.theses.fr/2009PA010297.
Texto completoDiop, Abdou-Khadre. "Notion d'Etat en droit international et en droit européen : de l'impossible approche conceptuelle à la nécessaire approche fonctionnelle". Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0618/document.
Texto completoExtending from the intuition that the concept of State in international and European law revealed various components, it is demonstrated that such intuition reflects the reality. Indeed, from one branch of another, we realize that the different legal orders we study, reflect a multiform face of State, a variable geometry. In exploring rules for imputation, rules for express the consent of State and rules allowing to link an entity to State, we have to admit that the concept of State can be defined through organic, material or factual criterion. Beyond this variability, it is appropriate to search the functional unit of the concept of State. We come therefore to the conclusion that the function of the concept of State is to serve the international and European legal orders requirement. The concept of State is used to serve a fixed objective, what explain his variable geometry. Thereby, our thesis is striving to demonstrate unity in diversity. It includes a theoretical proposal which is “the functional State” as watermark. “Functional State” is from our perspective an entity which is not State by statute but is State by functions. We target certain federal entities (such Belgium one’s or Quebec in Canada) and certain secessionist entities (as Turkish Republic of Northern Cyprus) or terrorist group (as Islamic State). This theoretical proposal does not extend to recognize such entities as States, but just to consider them as States on an ad hoc basis in the purpose to apply effectively and fully the international or the European norm
Kang, In-Ok. "La responsabilité administrative en droit coréen et en droit français : essai de comparaison". Paris 2, 1993. http://www.theses.fr/1993PA020123.
Texto completoIn france, in principle, the jurisprudence of the conseil d'etat is at the origin of the rules which make up the common law of systems of administrative responsability, to these systems can be added legislative and jurisprudential derogatory systems under the authority of judicial judges. In korea, the common law of administrative responsability is containes in the law on the state's responsability and in the provision of civil law and special laws apply to certain fields. The law on the state's responsability does not institute responsability without fail, but instead responsability is linked to the agent's error and the error of the public body ; the two corresponding french systems are respectively : responsability linked to the insufficience of services and responsability for damages caused by public works. By studying the systems of these two countries, we will be able to pick out their fundamental differences ; however, basically they are both pursuing the same goal, which is the best possible protection for the victim while avoiding a too widespread distribution of public funds
Rachet-Darfeuille, Véronique. "L' état mental de la personne : étude juridique". Paris 1, 2001. http://www.theses.fr/2001PA010263.
Texto completoPapaefthymiou, Sophie. "La distinction du "droit privé - droit public" dans la théorie du droit et de l'Etat". Paris 10, 1994. http://www.theses.fr/1994PA100052.
Texto completoMahnic̆, Maja. "Le statut juridique des activités jure gestionis des états en droit international". Paris 10, 2005. http://www.theses.fr/2005PA100067.
Texto completoJure gestionis activity is the State activity of the same nature as the activity of private persons : its accomplishment does not imply the exercise of sovereign authority. The legal status of this activity has been essentially defined in the internal legal order, where the municipal tribunal defined the criteria of qualification and the rules applicable to this activity, in the field of State immunities. However, the limitation of the latter to the jus imperii has not been able to guarantee the efficiency of State responsibility for the jus gestionis, as numerous obstacles remain. The problem of the jus gestionis therefore shifted to the international legal order, where the rules of State responsibility and, above all, the settlement of disputes by arbitration, led to the adequate solutions and thereby completed the legal status of the jus gestionis. Still, the willingness of the parties may play an important role in this field
Vignon-Ollive, Brigitte. "Le principe pollueur-payeur : un état du droit positif". Nice, 1998. http://www.theses.fr/1998NICE0034.
Texto completoMénard, Louis-Marie. "La création d'un état par sécession armée en droit international". Paris 10, 2004. http://www.theses.fr/2004PA100201.
Texto completoInternational law alone can determine the characteristics of a State as a subject of this legal order. A population situated on a territory must to be subject to a sovereign authority. Numerous entities long to constitute a State ; they have to accomplish effectively the three constitutive elements. There is no rule of international law that forbids the secession, and the recognition cannot oppose this birth either. International law intervenes by its nature as the supreme and international legal order, to convey immediately the quality of State to this new international fact. Yet it intervenes as well from the beginning of the secessionist armed combat. The success of a secession depends on the application of the principles of non-interference and non-intervention
Mohamed, Ahmed Abdel Rehim. "La réparation du préjudice dans le droit de la responsabiblité administrative égyptienne : étude comparée avec le droit français". Paris 1, 1997. http://www.theses.fr/1997PA010270.
Texto completoIn the law ruling administrative responsability, the question of damage compensation has a great importance, not only on the judicial level, but on the social and economic oncs also. However, this question remains a little discussed in egyptian law. The judicial and administrative egyptian courts law give the right of compensation for material and moral damages. Concerning the compensation for damage in system where responsability is linked to an act of administrative negligence, the egyptian council of state has followed the same rules as its french counterpart. Where as the french council of state developed the characteristics of damage compensation in order to engage the responsability of the infallible state, requiring both unusual and special conditions, the egyptian judge refused such a responsability. Today, tne notion of damage compensation is not entirely limited to the idea which states that the debtor is due to compensate wholly for the damage endured by the victim. The idea of this notion has known a first revolution with the development of infallible responsability. This evolution continues its development and a majority of the laws which work out special schemes of responsability are moving away from the notion of fault
Dubois, Alain. "La notion d'autorité publique en droit communautaire". Paris 10, 2000. http://www.theses.fr/2000PA100087.
Texto completoMankou-Nguila, Armand Charlebois. "Analyse de la protection de la propriété intellectuelle en droit communautaire : état des lieux". Toulouse 1, 2008. http://www.theses.fr/2008TOU10071.
Texto completoBeyond notional analysis and the property/intellectual property rapport, this Dissertation will adress the issue of the relationship between Community Law and protection of intellectual property. The logic behind Community Law is one of free movement and free competition. Consequently, it requires that the general interest be taken into account. Clearly, this logic runs counter to the protection of intellectual property rights. There lies the juxtaposition of two different - indeed opposing - types of logic. The analysis of jurisprudence shows that such contradiction often results in the prioritization of interests by the Court. Such prioritization implies the primacy of community interest in free movement and free competition, to the detriment of intellectual property rights. Indeed, from the perspective of Community Law, intellectual property rights may appear as the very negation of the principle of free movement and free competition. Since the protection of rights falls under the seal of national legislation, it is plausible to fear a distortion of competition at the community level. The Dissertation seeks to analyze the quest for rules of "peaceful" coexistence between the community logic and the mechanism for the protection of intellectual property. The law aside, the issue of rights protection raises a serious economic problem. In effect, at a period of movement towards Globalization Law, it is imperative to harmonize community protection, even as the question arises to the advisability of protection at the international level
Acquaviva, Jean-Claude. "La loi dans l'Etat de droit". Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32000.
Texto completoThe lawful state system was born in opposing itself to the empire and lord's government. The jurists have elaborated a coherent tenet in order to legitimate it. It was an auto-limitated state, limitated by rights, but equally by the law conceived as a legislation. This last subordination was new but not complete. During the twentieth century, the lawful state system has been improved but the initial cohesion has been replaced by doctrinal discords. The autolimitation is opposed to the other forms of limitation, the limitation by rights is opposed to the limitation by the law and chiefly, this one is opposed to the limitation by the legislation. The lawful state sytem would have to find again the cohesion of its foundations to be opposed to totalitary states, heirs of the empire and lord's government, because the legislation, and more generally the public intervention is at one and the same time a necessity for the human rights and a guarantee against his own dangerous potentialities. It realises the liberties and complete them by the claims which constitute the accessories. It agrees with the liberties in submitting itself to original conditions and modalities. It conciliates the claims and the liberties in enrolling every prestation in the law and in assuring, if necessary, the prestation provider's diversification
Nuino, Mourad. "La contrefaçon des droits de propriété industrielle en droit marocain : état des lieux et perspectives". Perpignan, 2014. http://www.theses.fr/2014PERP1180.
Texto completoVanneaux, Marie-Anne. "Recherche sur un droit des relations financières État-entreprises publiques". Lille 2, 2005. http://www.theses.fr/2005LIL20005.
Texto completoSince the beginning of the 20th century, two large –scale policies with contrasting effects have marked state-owned companies. The first one concerned the nationalization of private companies and developed in three main waves in 1936 ; 1945-1946 and 1982. The second one, officially initiated since 1986, aims at subjecting them to common law, opening their capital and partially or totally selling them off. Beyond those antinomical evolutions, the face of the public sector reflects the pursuit of a continous strategy elabored bu the State and materialized by the financial relations it has with its companies. Aiming at satisfying general interest and above allin variably the financial interestof the State these financial connections are organized not only to acquire and to manage public companies at lowest cost but so that the budget of the state can benefit from the sell offs. The strategy of the state being disclosed, then the question of the regulation of the financial relations between the State and public companies imposes the study of the corresponding legal framework. Influenced by European law and withion a context of increasing regulation, the legal framework of these relations remains invariably determined by the State. The appearance of guiding principles such as openness and sincerity along with normative attempts to transfer production centres constitute only the first signs ofe the transformation of the juridical frame analysed here. Eventually having to propose a framework consistent with their aims they are striving for, the rules of financial relations between the state and public companies have to respect a certain orthodoxy in their implementation. Thus, so as to make the financing of public companies profitable, the state resorts to common law techniques sometimes externalised which show both its attraction for the methods used in the private sector and the influence of the nature of its strategy. Nevertheless their relative efficiency and the criticized resurgence of elements not belonging to common law, in particular, in the sell off show the difficulty for the state to abandon totally its public legal entity. Finally being at the moment characterized by an empirical legal framework which opportunely and unevenly borrows its process from the other branches of law, the rules of financial relations between the state and public companies do not seem to propose a coherence which would enable it to stand as an autonomous body of laws. It is a functional and utilitarian law which is only built up with a view to satisfying the financial interests of State
Galmard, Marie-Hélène. "État, société civile et loi pénale". Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32007.
Texto completoThe creation of Criminal law can be described as a kingly prerogative for two reasons. From a formal point of view, as for very other law, it comes under the jurisdiction of the Parliament, a government organization in charge of representing the general will of the population, under the mechanism of the representation established in 1789. From a material point of view, it fully follows the States fundamental mission, that of ensuring the management of public order and social peace. However, over the past few years, in order to justify a criminal bill, the legislator frequently uses the expectations of the society, in the exposed reasons, which become a recurring and determinant argument. These are identified through “public opinion” and “lobby” concepts, by various means (opinion polls, electoral results, lobbying. . . ) whose majority consists of only a fraction of the French population and is stamped with subjectivity. These mechanisms cannot globally allow to accurately retranscribe the aspirations of all citizens, and consequently, they cannot be analyzed as direct or half-direct democracy techniques. Their study reveals nevertheless, that they today wield a considerable influence over the process of criminal law creation, thus conferring the society a new function. This new operating method, which allows the legislator to associate some members of society with his work, has effects on the intrinsic and extrinsic qualities of criminal law. Less and less rare, general, permanent, obligatory, clear and systematic, this new operating method gradually moves away from its theoretical representation and therefore its efectiveness is put into question. It seems therefore, at present, opportune to wonder how we can manage to harmonise criminal law such as it exists in todays world with its model, allowing it to serve its true function
Euler, Noëlle. "La notion de risque en droit public". Grenoble 2, 1999. http://www.theses.fr/1999GRE21032.
Texto completoTroianiello, Antonino. "Raison d'État et droit public". Le Havre, 1999. http://www.theses.fr/2000LEHA0050.
Texto completoDoucet, Christian. "Les mesures conservatoires et provisoires en droit de la concurrence : état du droit français et communautaire". Paris 10, 1990. http://www.theses.fr/1990PA100125.
Texto completoThis thesis try to explain the founding of immediate procedures in competitive law which give a large range of intervention to the judge without under evaluate the rights and interest on the both sides. The French summary procedure is malajusted, but the communauty summary procedure in front of the legal judge, is no much more adapted. We can find in communauty right a procedure that can fit the reality : the immediate procedure in front of the commission (the dgiv). The writer want to separate in on hand the measures of conservation in competitive law (which are tempory measures, linked to major procedure), from summary measures, unlinked, in the other hand. The last are not adapted for the emergency competitive situation
Zoubeidi-Defert, Yanis. "La liberté des partis politiques : entre souveraineté et État de droit". Besançon, 2008. http://www.theses.fr/2008BESA0003.
Texto completoAt first glance, political parties' freedom appears to be an obvious notion in modern democraties. Yet, the ideological bases on whitch they rely have by essence been factor likely to question the socio-political reality. Thus, political partie's freedom was margenalized. The integration of political pluralism by society allowed the understanding and the acceptance of their going through tensions that parties have crystellized. And the political monis of sovereignty is contrebalanced by pluralism
Dispersyn, Michel. "Entreprise, État et Union Européenne : lacunes et segmentation de la protection en droit social". Bordeaux 4, 1997. http://www.theses.fr/1997BOR40005.
Texto completoFellous, Daniel. "L'État islamique : approche constitutionnelle et politique". Paris 8, 2004. http://www.theses.fr/2004PA083093.
Texto completoThe concept of an Islamic state is a singular product of history : it institutionalizes the religious form of political power. To understand the concept of "Islamic state" in a way as neutral as possible has to choose the method which follows: - the political signification of the constitutional construction has theological depth; knowledge of the islamic word is far from forming a monolithic block; religious implications in legal and political spheres, as in constitutional law in the islamic world must be seen from an impartial point of view
Magnin, Anne-Marina. "La condition juridique des minorités religieuses : contribution à un état des lieux". Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0011.
Texto completoReligious minorities are numerous in the world; and their existence is often linked to tensions, discriminations and, even, social unrest. However, the - scarce - rules of international law relating to minorities don’t focus upon religious ones and don’t encompass specific regulations aimed ataddressing their specific needs, if any. The present doctoral thesis' first purpose is to identify what legally can be labelled a “religious minority”, including in the light of changes induced by secularized societies on the one hand, and globalization-related migrations on the other hand. The second part is devoted to legal regimes. It makes a survey of some - historical as well as still present - legal status in domestic as well as international law. And, finally, the thesis tries to identify the rules which could be considered as fitting the situation of religiously identified minorities in a country, in the interest of a better balance between autonomy and public order
Kader, Zahra. "Le principe de responsabilité des Etats membres en droit communautaire et ses incidences sur les droits des particuliers". Metz, 2006. http://docnum.univ-lorraine.fr/prive/UPVM_T_2006_KADER_Zahra.pdf.
Texto completoCettina, Nathalie. "La coordination police-justice dans les structures de l' État face au terrorisme". Paris 2, 1999. http://www.theses.fr/1999PA020100.
Texto completoN'Ganguia, Guy. "L' état et la communication audiovisuelle en Afrique noire francophone". Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32009.
Texto completoEstablishment relations with audio-visual communication field in black Africa French speaking has been often in ups and downs situation ; hue to the influence of public power on a social activity that participate to the nature of human knowledge, therefore of his liberty. So, development of audio-visual in African current situation can't be done without the etablishment participation in organisation and in management of some crucial activities. What are the rights and duties of public power ? What limits they can achieve to maintain communication liberty which become very important for Africa progress ? Throughout of society needs and aspirations of requirement of earch economy and of trump which dispose African countries, that is possible to appreciate and organise an audio-visual communication adapted to reality. .
Al, Smadi Morsee. "Le droit international à l'épreuve de la question palestinienne : quel état palestinien ?" Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00861869.
Texto completoAndres, Hervé. "Le droit de vote des étrangers : état des lieux et fondements théoriques". Phd thesis, Paris 7, 2007. http://www.theses.fr/2007PA070001.
Texto completoOverview on social, demographical, juridical and political issues of voting rights for resident aliens. The research is mainly grounded in France, but a global overview of the current law is provided. At least one third of the countries in the world are experimenting alien voting. So this practice cannot be seen as an utopia. But it is also always limited. The paradigm reserving voting right to State nationals is still resisting. The study of French current law, and of its internal contradictions, reveals that the fundamental issue is political. The political debate is analyzed from historical point of view, and also with a study of the arguments and of a press corpus. The current debate in USA is also studied. The global overview reveals an opposition between two logics: domination and exclusion against emancipation and openness. The theoretical reflection mainly purposes the issue as contradiction between democracy and sovereignty. The conflict on resident alien voting right expresses in citizenship / nationality dialectics, and can also be interpreted as politics I police opposition (Rancière). It is not only an issue of designing the political community boundaries, but also of the whole conception of the community and of the politics
Reneaud, Fabrice. "Recherches sur les rapports entre ordres juridiques". Toulouse 1, 1999. http://www.theses.fr/1999TOU10059.
Texto completoBenelbaz, Clément. "Le principe de laïcité en droit public français". Bordeaux 4, 2009. http://www.theses.fr/2009BOR40049.
Texto completoSecularism is often presented as a specifically French concept, a source of conflict and confrontation : indeed, there have been important divergences as to the very definition and scope of that notion. Besides, its taking root in French public law has been a long process, which began with the French Revolution of 1789, when the secularization of all public services, and school in particular, got under way. That trend resumed and intensified at the time of the Third Republic (1870-1940). Indeed, the Separation of Church and State in 1905 is of great importance since it is definitely the very basis of secularism. Finally, since it received the consecration of the French Constitution in 1946 and in 1958 secularism has become part of the foundation of the Republic, though it cannot be reduced to the Separation of Church and State, nor to mere neutrality. Hence the point is first to decide whether it is a principle or a value, and then to define its content. In France, what has given rise to controversy and debate is not so much the principle, but rather its various applications. Actually, it is essential for secularism first to be defined, then to be reasserted, notably through the notion of secularism at school and the interpretation of religious signs, but also by keeping State and Religion well apart. From a European point of view, secularism has been gaining ground, and as value. The various States and institutions in Europe, are more and more under the influence of the French model, which is also evolving ; hence the rise of various forms of secularism throughout Europe, so that it might well be a universal law for living together, concord, and social harmony
Al-Rifai͏̈e, Ahmed Basil N. "Le concept d'Umma et le droit international". Aix-Marseille 3, 1991. http://www.theses.fr/1991AIX32001.
Texto completoIslam give an answeer to the problem of the world organization. It lies in the concept of umma which refer to god and allows an harmonization of human relations. On the contrary, because of the principe of sovereignty, a world of states excludes a hierachic system
Vijéh, Mohammad Réza. "Le rôle des juridictions constitutionnelles dans la construction d'un état de droit : étude de droit constitutionnel franco-iranien". Bordeaux 4, 2008. http://www.theses.fr/2008BOR40013.
Texto completoNowadays, the Rule of Law appears such a fundamental exigency to the Iranian society. Amongst the Iranian institutions, the Guardian Council plays an essential role for the accomplishment of the Rule of Law. The analysis reveals the representative signs, still rather rare in its jurisprudence, of a trend for this way. In this case, a comparative study with the Constitutional Coucil presents the convergences and divergences of the juriprudence. On one hand, for certain exigencies of the Rule of Law, such as separation of powers and legal security, although the major blanks may have been visible, the possibilities for broadening the guaranties in the jurisprudence exist. On the other hand, the effective protection of fundamental rights shows a depp divergence. Also this study tries to present the hypothesis wherein the Guardian Council or the Regime's Exigency Assembly would augment the level of guaranties of the Rule of law's exigencies. This study proposes a new version of the islamic and constitutional norms to reconcile the two orders and the French model explicity enrich this new version
Baudoin, Marie-Élisabeth. "Justice constitutionnelle et État post-soviétique". Clermont-Ferrand 1, 2003. http://www.theses.fr/2003CLF10258.
Texto completoConstitutional justice in the post-soviet space came along with the changes of political regime that occurred in the USSR in the early 1990s. With the adoption of the kelsenian model of constitutional review, the new Independent States entered the modern constitutionalism era. This study intends to analyse the role of the Constitutional Courts in the state transformation. Indeed, the transition cannot be looked at exclusively as a political process, since it also encompasses a legal dimension, with the adoption of new norms. Based on a realistic approach, which goes beyond the strict legal positivism, the analysis of the creation of the Constitutional Courts and of their case law shows clearly the very close relation between the process of the state transition and constitutional justice. If the exercise of constitutional review is influenced and sometimes slowed down by the conflictual political context, it participates in turn to the stabilization and democratization of the new states
Cambero, Quezada Guillermo. "L'instauration du système de responsabilité de l'administration publique au Mexique : analyse de droit comparé". Nantes, 2011. http://www.theses.fr/2011NANT4021.
Texto completoSince the 1st of January 2004, the administrative responsibility in the Mexican law was established by a reform of the Article 113 paragraph 2 in the Mexican Constitution, taking the example of Spanish law. This reform has introduced an objective and direct administrative responsibility in Mexico: the responsibility thus applies directly to the public administration and not to the public official as it has been the case before (in the former regime of private law section 1927 of the Federal Civil Code). However, the current law system limits the responsibility to an irregular administrative activity of the public administration. In light of the above, this leads to a contradiction between the system of responsibility in the civil law tradition in Mexico and an administrative responsibility limitation on the detriment of victims, but also to all the shortcomings of the Spanish law at the moment of the integration in the Constitution reform. Thus, in this work the substantial analysis of the administrative responsibility in France and Europe, through a study in comparative law, has been made in order to improve the general understanding of the current Mexican system and to bring new doctrinal elements to the recent administrative responsibility system and the general administrative law in Mexico
La reforma al articulo 113 parágrafo 2 de la Constitución mexicana, en aplicación desde el 1° de enero de 2004, introduce la responsabilidad de la administración publica al derecho positivo mexicano. El sistema elaborado por el legislador ha sido el de una responsabilidad objetiva y directa: La Administración responde directamente por los danos y perjuicios ocasionados a la victima, y no el funcionario público, como lo establecía el antiguo régimen del derogado articulo 1927 del Código Civil Federal, donde la Administración respondía indirecta y subsidiariamente. Sin embargo, la responsabilidad se limita únicamente a los supuestos de una actividad administrativa irregular. Todo lo anterior implica una contradicción del sistema debido a la tradición civilista arraigada en México y a las imperfecciones de integración del derecho español en la reforma constitucional. El presente estudio tiene por objeto confrontar el sistema actual de "responsabilidad patrimonial del Estado" en México con el derecho de la responsabilidad de la Administración en Francia, mediante un estudio de derecho comparado, con la finalidad de aportar nuevos elementos jurídicos y doctrinales, así como fortalecer la comprensión en general de la responsabilidad de la administración pública y del derecho administrativo en México
Jacob, Patrick. "L'imputation d'un fait à l'Etat en droit international de la responsabilité". Rennes 1, 2010. http://www.theses.fr/2010REN1G017.
Texto completoAs the State is only responsible for its own behavior, attribution of conduct to it plays a central role in the law of international responsibility. It is today subjected to tensions linked, on the one hand, to the evolution of structures, modes of intervention and place of the State in the international order, on the other hand, to the normative expansion and to the development of dispute settlement bodies. This thesis aims at determining, from a systematic exam of the practice of these dispute settlement bodies, if the conduct of the State appears to be, from the standpoint of the law of responsibility, a given, on which international law would have no taken, or a construction, modeled by international law according to its aims. This operation splits up into two successive stages. The first one is centered on the person or entity which acts, aiming at determining whether or not it is part of the State organization. The second focuses on the conduct at stake, trying to establish if it can be considered as a State’s one. Both stages reveal the role of international law in modeling the State, which then appears to be a concept
Tzvetanova, Petia. "Recherches sur la satisfaction en droit international". Paris 5, 2011. http://www.theses.fr/2011PA05D010.
Texto completoThe present doctoral thesis analyses the evolution of the notion of satisfaction in international law. This notion is roughly classified today, in the totality of its concrete demonstrations, among the modes of reparation of the international responsibility law. Now, besides its "diplomatic" origins, very poorly legal, certain satisfactions tend today to free themselves from the other modes of repair. However, the main repair category still covers the great majority of the concrete satisfaction measures. By the light of these general observations, in the first part of this research work we compared the various forms of satisfaction with the notion of reparation in a first title, and with the other modes of reparation in a second title. The second part tried to explain the secondary characters and the object(s) of the satisfaction besides its first object which is the reassurance of one or several victims. Moreover, these secondary characters of some of the pronounced measures of satisfaction develop and enrich the legal regime of international responsibility law. Finally, the title on the satisfaction’s object allowed us to identify the numerous evolutions which affected the moral damage of the State in international law. The new trends having affected the cause of intervention of the satisfaction, also contribute to the understanding of its very heterogeneous regime. The current thesis tends to describe this regime
Henao, Juan Carlos. "Le dommage : Analyse à partir de la responsabilité civile extracontractuelle de l'Etat en droit colombien et en droit français". Paris 2, 2007. http://www.theses.fr/2007PA020081.
Texto completoRahmouni, Karim. "L' état beylical et le droit : une transition vers la modernité ? (1705-1881)". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32007.
Texto completoRibes, 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
Paillard-Cormier, Christine. "Le préjudice en droit administratif français : étude sur la responsabilité extra-contractuelle des personnes publiques". Paris 2, 2000. http://www.theses.fr/2000PA020111.
Texto completoDiop, Abdou Khadre. "La notion d'État en droit international et en droit européen : de l'impossible approche conceptuelle à la nécessaire approche fonctionnelle". Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28108.
Texto completoExtending from the intuition that the concept of State in international and European law revealed various components, it is demonstrated that such intuition reflects the reality. Indeed, from one branch of another, we realize that the different legal orders we study, reflect a multiform face of State, a variable geometry. In exploring rules for imputation, rules for express the consent of State and rules allowing to link an entity to State, we have to admit that the concept of State can be defined through organic, material or factual criterion. Beyond this variability, it is appropriate to search the functional unit of the concept of State. We come therefore to the conclusion that the function of the concept of State is to serve the international and European legal orders requirement. The concept of State is used to serve a fixed objective, what explain his variable geometry. Thereby, our thesis is striving to demonstrate unity in diversity. It includes a theoretical proposal which is “the functional State” as watermark. “Functional State” is from our perspective an entity which is not State by statute but is State by functions. We target certain federal entities (such Belgium one’s or Quebec in Canada) and certain secessionist entities (as Turkish Republic of Northern Cyprus) or terrorist group (as Islamic State). This theoretical proposal does not extend to recognize such entities as States, but just to consider them as States on an ad hoc basis in the purpose to apply effectively and fully the international or the European norm. Keywords: concept of State, functional concept, functional State, International law, European law, sovereignty, human rights, integration.
El, Safouri Mohamed. "Islam, droit et pouvoir en Egypte". Paris 2, 1986. http://www.theses.fr/1986PA020078.
Texto completoRbii, 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
Moffet, Francoual Claire. "La responsabilite administrative extra-contractuelle : etude comparative du droit francais, canadien et quebecois". Paris 2, 1996. http://www.theses.fr/1996PA020083.
Texto completoIn both france and quebec, many rules have been elaborated to subject the public administration at a liability regime and hence to grant a protection to citizens. In france, these rules are the result of the conseil d'etat decisions, in wich the legislator has limited or widen theirs application. In quebec, only the latter was able to adopt these rules and has chosen to subject the state at civil law rules. The study and the comparison of these rules show us that, though both legal systems studied present many similarities, the french system proves nevertheless the most protective for people, so much in matter of liability for fault as without fault. However, this better protection is level-headed by a less generous indemnisation. Indeed, in spite of general rules without fundamental difference between this two systems, the indemnities granted by french courts, at least for moral loss looking a more subjective caracter, was clearly lower than those grant by the quebec courts. This inequality of treatment between french and quebec citizens is the result of the first orientation in the recognition of this liability : from principle in france, exceptionnal in quebec; also on the choice to consider, or not, the specific powers of the state and to protect the citizens in trying to reconcile the concerned interests and rights
Touzé, Sébastien. "La protection des droits des nationaux à l'étranger : recherches sur la protection diplomatique". Paris 2, 2006. http://www.theses.fr/2006PA020053.
Texto completoJacquemet-Gauché, Anne. "La responsabilité de la puissance publique en France et en Allemagne : étude de droit comparé". Grenoble, 2010. http://www.theses.fr/2010GREND008.
Texto completoDespite its unique foundations, the liability of public authorities in German law - hasn't aroused the interest of French scholars so far. Yet. The study of German law from a comparative standpoint reveals a number of peculiarities in French public liability law, which leads us to appreciate the similarities and differences of the domain in the two states. The study of the elaboration of tort law shows a partial convergence : in both states, case law (the decisions from the higher courts) is the main and fastest growing source of law. Public liability is being enforced more and more, following administrative, legislative and judicial activities. Some differences remain however, in particular regarding the function of liability: in France, liability aims to compensate for loss or injury ; in Germany, it aims to protect rights. This main difference allows us to build a specific conceptualization of each liability regime, reflecting the specific connections established between the state and the citizens subject to each legal system
Sbihi, Mohamed. "La gestion financière communale au Maroc : état actuel et prospective d'une gestion rationnelle". Paris 12, 1987. http://www.theses.fr/1987PA122003.
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