Tesis sobre el tema "Obligations et risques"
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Horchani, Sana. "Les obligations convertibles : motivations, structurations et risques". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1091.
Texto completoThis thesis have focused on the study of convertible bonds (CB) from different angles: The first essay analyzes the motivations of firms to issue OC . We proposed a questionnaire that was sent to French companies and concluded that emissions of OC mainly aim to make a back-door equity increase, issue a signal, pay a lower coupon, avoid dilution and diversify financing sources. Then, through a principal component analysis, we identified three groups of issuers : companies motivated by the benefits of an OC issue compared to a capital increase; companies wishing to borrow at lower cost ; and companies interested in the flexibility of the OC to perform a sequential financing. Once the decision to issue convertible is taken, the manager have to decide the design of its bond. In the second study, we have identified and analyzed the factors that influence the structure of the OC, measured by the proportion of equity and debt. We have shown that the risk of underinvestment, future operating performance, the level of debt and the ownership concentration influence the structure of the OC. In the third essay, we analyzed the effect of default and conversion risks on the sensitivity of the OC to interest rates changes, as measured by its duration. We have shown that the risk of default and conversion have a negative effect on the duration for most convertible bonds
Leroy, Michel. "Contribution à l'étude des obligations du professionnel : le devoir de répondre des risques créés et de maîtrise professionnelle /". Toulouse : "Gazette du Midi, 1999. http://catalogue.bnf.fr/ark:/12148/cb37176906z.
Texto completoVarnav, Mihaela. "La gestion des risques juridiques bancaires : étude appliquée aux obligations d'information, de mise en garde et de conseil". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010281/document.
Texto completoBanks are exposed to a multitude of risks. In view of the increased focus on European supervision and on consumer protection in the current regulatory framework, it is appropriate to map, evaluate, monitor and control the banking legal risk, as part of the operational risk. For this purpose, the risk management offers the necessary tools to the credit institutions. Its general approach is completely applicable in the legal field and is adapted to the legal requirements on internal supervision, risk management and determination of a balanced and proper level of own funds. Moreover, it provides a new key for the reading of the duties to disclose information, to caution and to advise that the banks have towards their clients. As a genuine expression of the ordo-liberal paradigm, this triple duty demonstrates that the law cannot ignore the social and economic. These duties are useful for the proper functioning of the market and for the social progress, and they are also the sign of a trend towards resetting the balance in contracts, leaving behind the classic concept of theoretical equality between parties to a contract. There are many legal risks in relation to those three requirements of the bank towards its customers, which can have frequent occurrences and very serious consequences. The study of those risks is meant, inter alia, to identify the overregulation, the ambiguities or the lack of regulation in the current legal framework
Li, Jean-Francois Shanqiu. "Modélisation des risques souverains et applications". Thesis, Paris 6, 2016. http://www.theses.fr/2016PA066422/document.
Texto completoThis dissertation deals with the mathematical modelling of sovereign credit risk and its applications. In Chapter 1, motivated by the European sovereign debt crisis, we propose a hybrid sovereign risk model which takes into account both the movement of the sovereign solvency and the impact of critical political events besides the idiosyncratic credit risk. We are interested in the probability that the default occurs at critical political dates, for which we obtain closed-form formulae in a Markovian setting, where we deal with some unusual features, such as a treatment of the CEV model when the elasticity parameter β > 1. We compute explicitly the compensator process of default and show that the intensity process does not exist. In Chapter 2, by studying certain hybrid models in literature on credit risks, we consider a type of random times whose conditional probability distribution is not continuous and by which standard intensity and density hypotheses in the enlargement of filtrations are not satisfied. We propose a generalised density approach, where the hypothesis of Jacod is relaxed, in order to deal with such random times in the framework of progressive enlargement of filtrations We also study classic problems such as the computation of the compensator process of the random time, the decomposition of the Azéma supermartingale, as well as the martingale characterisation. The martingale and semimartingale decompositions in the enlarged filtration show that the H’-hypothesis holds in this generalised framework. In Chapter 3, we display several applications of the models proposed in the previous chapters. The most important application of the hybrid default model and the generalised density approach is the valuation of default claims. The results explain the significant negative jumps in the long-term Greek government bond yield during the sovereign debt crisis. The solvency of Greece tends to fall gradually through time and the bond yield has negative jumps when critical political events are held. In particular, the size of a jump depends on the seriousness of an exogenous shock, the elapsed time since the last political event, and the value of the recovery payment. The generalised density approach also makes possible the modelling of simultaneous defaults, which are rare but may have an important impact
Stevignon, Anne. "Le temps qu’il fait et le droit des obligations : de l’influence du changement climatique sur l’appréhension des phénomènes météorologiques". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020071.
Texto completoFrom the confrontation of the weather and the law of obligations emerges a fruitful analysis at a time when the climate is increasingly at the heart of societal concerns. The understanding of the weather in the law of obligations has traditionally been applied to the past and the future: in the past, when a harmful weather phenomenon has occurred, it is a matter of providing a remedy when the phenomenon is considered abnormal; in the future, when the weather is mainly seen as a risk that must be contained in order not to endanger the contractual operation. Climate change is expected to influence the understanding of those two dimensions. First, the main remedies currently being applied to the harmful consequences of certain weather phenomena described as abnormal are likely to change, while climate change caused by greenhouse gas emissions is changing the perception of the weather. This observation raises questions about the role that civil liability could play in the possible repair of damage attributed to climate change. Secondly, while the contract’s understanding of meteorological risks is undergoing a new upswing under the influence of climate change, the law of obligations is now confronted with the emergence of a new risk, that of aggravating climate change. Both the contract and civil liability are required to participate in the prevention of this risk
Arias, Arellano Liliana. "L'impact de la Solvabilité II et de l'Enterprise Risk Management sur le pilotage des sociétés d'assurance". Electronic Thesis or Diss., Orléans, 2015. http://www.theses.fr/2015ORLE0502.
Texto completoSolvency II implementation constitutes a revolution for insurance companies because it leads to major changes their management practices. Solvency II propositions have thus become a major concern for the insurance sector, especially regarding the potential impact of the standard formula on insurers’ investments and on the economy. Aditionnally, Solvency II governance and risk management principles will modify insurers’ risk management culture and will encourage them to adopt ERM practices. This thesis analyses the impact of Solvency II requirements and ERM on insurer’s management practices.A first analysis focuses on the effects of Solvency II calibration on insurance companies’ bond investments. We analyse the adequacy of bond SCR and the behaviour of the return-SCR couple. The results show that the regulatory risk measure for low risk bonds is overall adequate, but that it is overestimated (underestimated) for high risk bonds in non-crisis periods (in crisis periods). We also show that Solvency II calibration encourages investments in low duration bonds and especially high yield bonds. A second analysis focuses on understanding the determinants of ERM adoption and its benefits. Our main contribution is the creation of a continuous ERM index that measures the level of development of insurance companies’ ERM program. We conclude that insurers’ mutual status, size, and geographical location are determinants of ERM state of progress and that there is a positive and significant relationship between ERM state of progress and companies’ profitability
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
Arias, Arellano Liliana. "L'impact de la Solvabilité II et de l'Enterprise Risk Management sur le pilotage des sociétés d'assurance". Thesis, Orléans, 2015. http://www.theses.fr/2015ORLE0502.
Texto completoSolvency II implementation constitutes a revolution for insurance companies because it leads to major changes their management practices. Solvency II propositions have thus become a major concern for the insurance sector, especially regarding the potential impact of the standard formula on insurers’ investments and on the economy. Aditionnally, Solvency II governance and risk management principles will modify insurers’ risk management culture and will encourage them to adopt ERM practices. This thesis analyses the impact of Solvency II requirements and ERM on insurer’s management practices.A first analysis focuses on the effects of Solvency II calibration on insurance companies’ bond investments. We analyse the adequacy of bond SCR and the behaviour of the return-SCR couple. The results show that the regulatory risk measure for low risk bonds is overall adequate, but that it is overestimated (underestimated) for high risk bonds in non-crisis periods (in crisis periods). We also show that Solvency II calibration encourages investments in low duration bonds and especially high yield bonds. A second analysis focuses on understanding the determinants of ERM adoption and its benefits. Our main contribution is the creation of a continuous ERM index that measures the level of development of insurance companies’ ERM program. We conclude that insurers’ mutual status, size, and geographical location are determinants of ERM state of progress and that there is a positive and significant relationship between ERM state of progress and companies’ profitability
Belhaj, Riadh. "Modélisation des obligations et des options sur obligations en présence de risque de défaut". Paris 1, 2000. http://www.theses.fr/2000PA010060.
Texto completoGaillardetz, Patrice. "Structures de dépendance en théorie du risque et pour les obligations avec risque de défaut". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ53946.pdf.
Texto completoMerli, Maxime. "Les mesures alternatives du risque de défaut des obligations : notation, écart de rentabilité et probabilité de défaut". Université Louis Pasteur (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR1EC05.
Texto completoThe default risk is the most important risk for coupon bearing bonds investors. Indeed, it represents the potential non-payment of coupon or coupon and principal by the issuers. Two + tools ; are generally used by professionals in order to measure this risk. The rating is a qualitative measure allocated by agencies such as standard and poor's or moody's. The yield spread is a quantitative measure deduced from asset prices on the financial market. This work is dedicated to the construction of modelisations integrating this potential bankruptcy of the issuer and their validations using market data. Several modelisations are proposed wich use the actuarial default spread or the dynamic evolution of zero-coupon bond prices. In an actuarial approach, we propose an original two parameter model that can be easily used to construct the default probabilities term structure using the prices of long and short term debts of the issuer. With this modelisation, we demonstrate that the actuarial default spread is positively linked to the level of interest rate. This result is in opposition to the ones obtained by other theoretical approaches (for example Leland and Toft (1996)). In another part of this work, we extend the approach for pricing bonds subject to default risk proposed by Jarrow et Turnbull (1995). Our original modeling enables the description of different types of bankruptcy in a unified modelisation. From an empirical point of view, we propose alternative original measure based on the deformation of interest rate term structure which can replace the actuarial yield default spread. Then, we test these measures using various samples of French bonds. We show that the typology induced by ratings is not reproduced in the default spreads. Only four classes of risk are necessary in order to describe the risky bond market. Finally, we study the effect of bond rating change on asset prices and we show that this change is generally anticipated by the investors
Bikim-Toum, Emmanuel. "Le coût des emprunts internationaux et le risque-pays". Paris 13, 1987. http://www.theses.fr/1987PA131009.
Texto completoAfter recalling the component elements in the pricing of euro-loans and euro-issues, the thesis examines the general method of its calculation and determination. It deals with sovereign borrowers and retains the country risk as the principal determinant of the cost of the capital borrowed. The thesis demonstrates influence of country risk through an approach which measures its appreciation on the market of euro-loans and euro-issues and which fully examines the evolution over a certain period
Meerpoël, Matthieu. "L'évolution du cadre juridique du déclenchement de l'action publique préventive dans le domaine des risques naturels et technologiques". Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20017.
Texto completoPreventive management of natural and technological hazards is a major issue for state authorities, in regards to the people, property and the environment or in regards to the cost represented by the realization of such risks. Therefore, policy makers legally bound to protect these interests are required to initiate a preventive public action after evaluating and qualifying the risks. The level of hazard and the appropriateness and proportionality of preventive measures will be determined within a complex decision-making process. The policymakers then strive to reach the best possible compromise between freedom and security objectives within the framework of a delicate cost/benefit analysis. The law attempts to regulate this decision-making process by leaving a large and necessary margin of discretion to the public policy makers in determining the acceptability of the risk. This thesis will explore the process to reach this compromise, and in particular how the law governs it, manages this delicate issue and potentially controls the endorsed decisions
Ndordji, Allatan. "Théorie des risques et transfert de propriété. Comparaison des droits français, de l'OHADA et du commerce international". Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3004/document.
Texto completoThe risk theory is inspired by Roman legal maxims which purpose is to determine the legal consequences of non-compliance with the contractual obligation in case of force majeure. Pursuant to the res perit debitori, res perit creditori et res perit domino maxims consequences of the non-compliance of the contractual obligations are born either by the debtor of the obligation, by the creditor or by the good owner. A comparative overview of French law, the OHADA Convention and the Vienna Convention of 11 April 1980 on contracts for the international sales of goods demonstrates the superiority of the res perit domino principle in the conceptions for the resolution of the risk matter. According to this approach, existing law is based on two sets of solutions for the determination of the party who has to bear the risk: the application of a principle releasing the parties from their mutual obligations by virtue of the accidental non-compliance with the contractual obligations; the application of rules where only one party is released from his/her obligations. The examination of both sets of solutions shows inconsistencies which are particularly visible in the OHADA and Vienna Convention systems. Rules a priori considered as being derogatory are in fact a mere a contrario application of the principle. This inconsistency is the result of the way the risk matter is being addressed by the three legal system subject to the study. According to a widespread belief, the solutions differ. However, the difference is only apparent. A close look indicates indeed that their similarities are not unexpected. All the solutions stem from the same system of reasoning and, therefore, are subject to the same criticisms. Among the three Latin maxims, the res perit domino definitely prevails. Risks are borne by the owner of the good at the time of its loss. The rule associating the risks with the transfer of property is applicable in the three systems. This approach of the burden of risk is the cause of ill-adapted rules. It emerged in French law on the basis of the interpretation of 1804 Civil code provisions. This interpretation will be discussed by the thesis. After a general presentation of the solutions implemented by the three systems, the objective of this doctoral thesis is to explore the misunderstandings on the ratio legis of French civil code. The thesis restores the original view of the French codifiers, who were promoting solutions fitted to the risk theory. The thesis underlines the connection between the burden of risk and the obligation to deliver as provided by the French Civil code of 1804. The thesis demonstrates the ultimate goal of the property transfer mechanism solo consensus which is not to have the risk borne by the buyer. The res perit domino rule is in fact not to be found in the French civil code of 1804. It only refers to the res perit debitori in order to characterize the case where the accidental loss of the good releases the parties from their mutual obligations. The res perit creditori lays on different foundations. Therefore, it is necessary to promote a renewed understanding of the unknown original solutions of 1804. The French civil code system ignores the res perit domino rule. It became applicable only through Ordinance 2016-131 of 10 February 2016 reforms contract law and rules on proof
Vanuls, Caroline. "Travail et environnement : regards sur une dynamique préventive et normative à la lumière de l'interdépendance des risques professionnels et environnementaux". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1048.
Texto completoCette étude s’inscrit autour du rapport travail/environnement à la lumière de l’interdépendance des risques. L’histoire des catastrophes industrielles montre qu’il n’existe pas de frontière entre les risques professionnels et environnementaux. Dans ce contexte, prend naissance la notion de risque mixte. Dans une société où les dangers se multiplient avec les progrès technologiques, a émergé une politique d’anticipation des risques. Les entreprises prennent conscience d’un rôle à jouer dans cette politique en tant qu’entités génératrices de risques industriels. Elles développent des démarches socialement responsables, connues sous le nom de Responsabilité Sociale de l’Entreprise, destinées à concilier les intérêts économiques avec les droits fondamentaux de l’environnement et les droits fondamentaux des travailleurs. Reposant sur les piliers du développement durable, le caractère transversal de la RSE résonne avec la mixité des risques et apporte une réponse de nature globale. Dans le prolongement de cette nouvelle responsabilisation, les droits du travail et de l’environnement renforcent les obligations de sécurité de l’employeur et de l’exploitant. Sous le prisme de la prévention, les deux ensembles juridiques se rejoignent dans une démarche commune d’anticipation. Le droit du travail se saisit du risque environnemental et s’emploie à le maîtriser. Le droit de l’environnement est mis au service de la protection des travailleurs qui semblerait réceptive à la précaution en milieu professionnel. La convergence de l’esprit de protection animant ces deux droits ne conduirait-elle pas à l’émergence d’un droit commun à l’environnement et au travail : un droit du risque
Debon, Maxime. "De l'usage d'une clause de rachat au gré de l'émetteur dans le contrat obligataire : déterminants et valorisation". Rennes 1, 2010. http://www.theses.fr/2010REN1G008.
Texto completoGatfaoui, Hayette. "Évaluation et analyse du risque de défaut de paiement des actifs financiers". Paris 1, 2002. http://www.theses.fr/2002PA010025.
Texto completoMeyfredi, Jean-Christophe. "Détermination de la courbe de structure par terme des taux d'intérêt, prise en compte du risque et évaluation des obligations convertibles". Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32066.
Texto completoSerrand, Charlotte. "Le traitement juridique des risques psychosociaux". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020022.
Texto completoThe legal obligation for any employer to preserve both the physical and mental health of their employees is complicated by the inner subjectivity of psychosocial risks, making their juridical analysis difficult. The actors interacting with or within any company contribute to a better understanding of those risks : the employer, employees, trade unions, and occupational doctor. Combatting harassment and burn-outs at work helped better consider psychosocial risks. They have become a real topic for collective bargaining as they imply for both the employer and the employees to take responsibility with regards to the nature of specific work accidents or professional illnesses. It stands today as a key element for theim provement of work conditions through an increase in well-being and a higher quality of life at work
Moustié, Jean-Baptiste. "Droit et risques psychosociaux au travail". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0266/document.
Texto completoThe concept of "psychosocial risks at work" gathers several work-related suffering risks. These risks are, at the same time, related to the generating acts of pain and to the expressions of suchpain on employees’ health. Despite its formulation, this concept refers to events affecting both mental and physical health of workers. Such affecting events share the same social ground. Indeed, psychosocial risks are mainly caused by the companies’ organization themselves, management methods or harmful relationships. Even though the expression of psychosocial risks was formerly developed out of the legal environment, it is now generally used in law to deal with issues of health and safety at work. However, the comprehensive understanding of such risks is not yet obvious from a legal perspective. These are complicated to define and delimit, tinged with subjectivity and unlikely to be understood in light of the employment law history. However, law is increasingly taking into account the different dimensions of the workers’ individuality. Also, if the psychosocial risks fail to be recognized, so far, as an independent and entire legal concept, both laws (domestic and international) and case law are more and more referring to it. Therefore, measures and legal solutions applicable to the working relationships in private companies enable to prevent such risks, punish or compensate them. As such, a wide range of people, whether related or not to the company, are able to duly face these factors
Sodjahin, Amos Aristide. "Risque de crédit et volatilité des spreads sur le marché de la dette privée en euro". Paris 9, 2011. https://bu.dauphine.psl.eu/fileviewer/index.php?doc=2011PA090006.
Texto completoThe credit risk on the bond market is characterized by the possible default of a counterparty, but also by changes in the spread following a perceived deterioration, by the market, of the credit quality of the issuer. This thesis focuses on credit spreads on corporate bond market in euros. Following the introductory chapter that presents some stylized facts that characterize the dynamic of credit spreads in this market, the rest of the thesis is organized in three empirical studies. The first study proposes a model of the conditional variance of spreads in a non-Gaussian setting. Within the GARCH family models, we discuss the choice of the conditional distribution of innovations that is able to account for the asymmetry and excess kurtosis observed. The model associated with skewed generalized error distribution (Skewed-GED) seems to characterize the dynamic of credit spreads and performs well in terms of out-of-sample volatility forecast. From the structural models of risky debt, the second study examines the influence of market conditions on credit spreads. Regardless of the financial situation of the bond issuer, risk premiums seem to depend on interest rates, the state of the stock market, the foreign exchange market and the liquidity of the securities. The third study is devoted to examining the effect of macroeconomic news on credit spreads. Investors seem to attach greater importance to the releases of American’s indicators. The spreads of riskier issuers are more affected, especially in times of crisis
Laguiche, Sylvie de. "Evaluation et risque des obligations à taux variable sur le marché français : contrôle optimal et problème de stockage en univers incertain". Paris 9, 1990. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1990PA090025.
Texto completoSfez, Flora. "Le marché des euro-obligations de 1963 à 2008 : une organisation au risque de la bureaucratie". Phd thesis, Conservatoire national des arts et metiers - CNAM, 2010. http://tel.archives-ouvertes.fr/tel-00923001.
Texto completoBen, Ayed Ghamgui Myriam. "Essais sur le risque de crédit des obligations : Analyse de la migration des notes et des effets de contagion". Phd thesis, Université de Cergy Pontoise, 2013. http://tel.archives-ouvertes.fr/tel-00925547.
Texto completoFonseca, José Alberto Soares da. "Le risque de taux d'intérêt et l'équilibre du marché obligataire portugais : étude théorique et empirique sur les obligations d'Etat à coupon révisable". Doctoral thesis, Orléans, 1991. http://www.theses.fr/1991ORLE0505.
Texto completoMbengue, Mohamed Lamine. "Le spread de crédit sur le marché obligataire de l'Union Economique et Monétaire Ouest Africaine". Paris 9, 2009. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2009PA090089.
Texto completoBardou, Jean-Paul. "Santé et sécurité au travail : de la complexité à l’effectivité. Proposition d’un guide de bonnes pratiques de prévention des risques professionnels". Thesis, Lorient, 2020. http://www.theses.fr/2020LORIL570.
Texto completoCompanies must respect the legal framework in terms of health and safety at work. This framework, even if it is based on a logic of prevention of professional risks, is due to its complexity, difficult to master for an employer. The first step in our research work was to reveal this legal framework by dissecting it, explaining its subtleties and confronting it with the reality on the ground. In addition, in many cases employers do not learn about the legal framework until they take responsibility. We then thought about how to offer employers effective solutions in order to help them to respect it better and at the same time, to develop the prevention of professional risks for the benefit of workers. Thus, the second stage of our research work consisted in making available to employers a guide to good practice made up of two types of elements: A selection after analysis, of the solutions implemented by collective bargaining, which can have a real and tangible effect in terms of prevention of professional risks and thus correspond to the effectiveness criterion set by case law, Devices allowing them to self-assess their level of compliance with general as well as specific obligations in terms of health and safety at work and to satisfy them with the help of compliance sheets
Bennouna, Mohamed Jamal. "Responsabilité civile et assurance des constructeurs au Maroc : limites et carences de la législation marocaine". Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0016.
Texto completoThanks to its driving force in the Moroccan economy, the building sector acts as an effective impetus growth .Apart from the current consolidation ,it should further its development in the following years .Through a combination of several endogenous factors. All legal studies undertaken in MOROCCO up to now have just dealt with manufacturers contractual liability without considering their contractual liability not to mention its insurance. The present thesis tries to analyse the extra contractual liability within MOROCCAN LAW while comparing it with European legislations such as FRANCE, GREAT BRITAIN, GERMANY and SPAIN or African legislations ALGERIA TUNISIA and SENEGAL. This choice is primarily motivated by the current existence of significant conflicts between builders and the extra contractual property owners. One of its main objectives is to find out sound explanations to these conflicts in the game rules of builders liability set by Moroccan legislation. In terms of construction insurance, MOROCCO has finally elaborated the introduction of a compulsory insurance through the 59-13 law promulgated by Dahir 1.16.129 of 25th august 2016 amending and supplementing law 17.99 insurance code in B.O 6506 of 6th October 2016. Now this compulsory insurance system currently operational could be effective and satisfy the professionals aspirations if it draws lessons from previous experiences of other countries such as TUNISIA and FRANCE
Vingiano, Iolande. "Obligation de sécurité et alea : étude du risque issu du manquement à l'obligation de sécurité dans les assurances de responsabilité civile pour les professionnels". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1073.
Texto completoThe " obligation of safety " punish diverse behavior striking a blow at the physical or mental health of others. At the same time, the insurance would favor the feeling of safety, the third-party insurance of the professionals guarantees the debt of civil liability contracted by the insurant towards a third. The question is to know if it is possible to guarantee in a satisfactory way the risk stemming from the neglect in the obligation of safety in the insurance contracts of civil liability of the professionals.If the "big principles of the right of the insurances" impose a statistical study of the risk subjected to the assurance, a legal study of the risk is indispensable because only an objective conception of the insurable risk allows to determine if the hazard that must preexist before the insurance contract is protected.Afterward, the subjective study of the risk stemming from the neglect in the obligation of safety will require to determine the influence of the behavior of the insurant on the unpredictable event guaranteed by the insurance contract of civil liability of the professionals. The identified risk will allow to observe the area of the guarantee of assurance at present proposed in insurance contracts. If the guarantee in the time and financially is not satisfactory, the intervention of auxiliary mechanisms in the assurance could be an alternative for the compensation of the victims most seriously affected by the realization of the risk stemming from the neglect in the obligation of safety
Drut, Bastien. "Investissement socialement responsable et sélection de portefeuille". Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100131/document.
Texto completoThis thesis aims at determining the theoretical and empirical consequences of the consideration of socially responsible indicators in the traditional portfolio selection. The first chapter studies the significance of the mean-variance efficiency loss of a sovereign bond portfolio when introducing a constraint on the average socially responsible ratings of the governments. By using a sample of developed sovereign bonds on the period 1995-2008, we show that it is possible to increase sensibly the average socially responsible rating without significantly losing in terms of diversification. The second chapter proposes a theoretical analysis of the impact on the efficient frontier of a constraint on the socially responsible ratings of the portfolio. We highlight that different cases may arise depending on the correlation between the expected returns and the socially responsible ratings and on the investor’s risk aversion. Lastly, as the issue of the efficiency of socially responsible portfolios is a central point in the financial literature, the last chapter proposes a new mean-variance efficiency test in the realistic case where there is no available risk-free asset
Davanne, Olivier. "Défaillances des marchés financiers et interventions publiques". Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090028/document.
Texto completoThe constituent articles of this dissertation analyze the financial market failures traditionally identified by economists (associated with externalities, information asymmetries and incompleteness of markets) and the policy responses. A central observation is that public interventions have almost never resulted from a cold analysis of these market failures but are decided in a hurry to respond to the most obvious shortcomings observed during a crisis. This pragmatic and a-theoretical approach leads to poorly calibrated interventions. These articles are addressing in particular the lender of last resort policy that encourages the issuance of various short-term debts by financial institutions and feeds systemic risk. They also highlight the risks of certain reforms decided after the "subprime" crisis. Governments should focus on the provision of public goods clearly identified by economic analysis (control of "agents" and information), and should not multiply risky interventions that sometimes create more market imperfections than they claim to solve
Czuba, Céline. "Consommations de substances psychoactives : à la confluence entre les droits à la santé et à la vie privée au travail". Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20027/document.
Texto completoAddictive behaviors related to psychoactive substances are characterized by a dependence revealed by the repeated impossibility to control behavior and the continuation of the said behavior despite the subject being aware of its negative consequences. Over and beyond the significant public health issue, this topic directly concerns the world of work. Surprisingly, it remains taboo or is only approached from a moralizing angle. Should a company be the source of such behaviors or only one of the places where they are exhibited, it cannot ignore the issue. Although employers may sometimes see secondary benefits of some addictive behavior for productivity reasons (e.g. « workaholism »), this may result in a loss of efficiency of their workforce (absenteeism, accidents in the workplace, drop in productivity). Employers may be held criminally liable in the event of illicit substances being brought into the workplace. What is more, being liable for any damage or injuries caused by their employees, they must make sure they do not represent a threat to others. Last, but not least, employers are responsible for the health of their employees. This objective has been considerably strengthened by the definition of the employer’s safety obligation, by the Court of cassation, as an obligation of safety performance. In order to fulfil these obligations, employers have various control measures at their disposal and enjoy dual powers of repression and prevention. However, any action taken by the employer in the field of addiction comes up against the inalienable right to individual freedom of the employees. An employer is not omnipotent: where is the limit between the management of addictive risks in the workplace and an employee’s privacy, taking into account an employer’s obligation of safety performance
Eone, Hortense Y. "Vie privée et bon usage des NTIC au travail : risques et responsabilités". Thèse, 2010. http://hdl.handle.net/1866/4839.
Texto completoA growing number of employees now have access to the Internet and email in the workplace. They are sometimes tempted to use these tools for other purposes than business, creating thus a potential source of conflict. Indeed, under the pretext of protecting the company’s property and equipment, verifying that the employees execute their contractual obligations, and preventing risks of liability, employers more frequently – and sometimes surreptitiously – monitor the use of the resources so provided. Employees, on the other side, are claiming their right to have their personal online activities remain private, even when these are conducted during their working hours and with the equipment provided by the employer. However, can they reasonably expect to have their rights protected, when the right to privacy in the workplace has traditionally been mitigated and when employers have access to spying technologies that are more and more invasive? How then to find a workable balance between employer’s management rights and employees’ rights? It is an issue that courts increasingly face and that regularly induces them to reinterpret the rules set for the employer’s surveillance with regard to the specificities of information technologies. That situation of conflict has also brought changes to the practices in the workplace, insofar as employers are increasingly likely to adopt legal and technical tools enabling them to protect themselves against risks, while keeping a large right of intrusion into employees’ privacy.
Fonseca, José Alberto Soares da. "Le risque de taux d'intérêt et l'équilibre du marché obligataire portugais : étude théorique et empirique sur les obligations d'Etat à coupon révisable". Doctoral thesis, 1991. http://hdl.handle.net/10316/10547.
Texto completoVermeys, Nicolas W. "Qualification et quantification de l'obligation de sécurité informationnelle dans la détermination de la faute civile". Thèse, 2009. http://hdl.handle.net/1866/3663.
Texto completoIn Quebec, as in most western jurisdictions, the duty to ensure information security, i.e. the obligation bestowed upon companies to protect the integrity, confidentiality and availability of information, stems from a series of legal dispositions which, rather than to impose a certain conduct, or the use of given technologies or processes, simply demand that "reasonable", "adequate", or "sufficient" security measures be applied. However, in a field an nascent and complex as information security, where available solutions are numerous, and where case law is sparse, how can a company reliably predict the full extend of its duty? In other words, how can one establish what a reasonably prudent and diligent company would do in a field where laws, case law, and even customs fail to dictate precisely what level of diligence is sought by the legislator? The lack of legal certainty offered in such a case is obvious, and requires us to reconfigure the framework associated with the duty to ensure information security in order to identify its components and objectives. Such an endeavour begins with redefining the duty to ensure information security as a duty to reduce information-related risk to a socially acceptable leve1. Since security stems from risk management, it can therefore be said that risk is at the core of said duty. By analysing risk, i.e. by identifying the threats that aim to exploit a system's vulnerabilities, it becomes possible to specify which counter measures could be useful and what costs they may entail. From that point, it's feasible, if using the economic definition of negligence (which is based on the probability of a security breach, and the damages incurred), to establish the optimal amount that should be invested in the purchasing, upkeep and replacement of these counter measures. This type of analysis will allow companies to quantify, with a certain degree of precision, the extend to which they need to ensure information security by giving them a set of tools based on easily accessible data. Furthermore, said tools appear to be fully compatible with the current legal landscape.
Vermeys, Nicolas. "Qualification et quantification de l'obligation de sécurité informationnelle dans la détermination de la faute civile". Thèse, 2009. http://hdl.handle.net/1866/3663.
Texto completoIn Quebec, as in most western jurisdictions, the duty to ensure information security, i.e. the obligation bestowed upon companies to protect the integrity, confidentiality and availability of information, stems from a series of legal dispositions which, rather than to impose a certain conduct, or the use of given technologies or processes, simply demand that "reasonable", "adequate", or "sufficient" security measures be applied. However, in a field an nascent and complex as information security, where available solutions are numerous, and where case law is sparse, how can a company reliably predict the full extend of its duty? In other words, how can one establish what a reasonably prudent and diligent company would do in a field where laws, case law, and even customs fail to dictate precisely what level of diligence is sought by the legislator? The lack of legal certainty offered in such a case is obvious, and requires us to reconfigure the framework associated with the duty to ensure information security in order to identify its components and objectives. Such an endeavour begins with redefining the duty to ensure information security as a duty to reduce information-related risk to a socially acceptable leve1. Since security stems from risk management, it can therefore be said that risk is at the core of said duty. By analysing risk, i.e. by identifying the threats that aim to exploit a system's vulnerabilities, it becomes possible to specify which counter measures could be useful and what costs they may entail. From that point, it's feasible, if using the economic definition of negligence (which is based on the probability of a security breach, and the damages incurred), to establish the optimal amount that should be invested in the purchasing, upkeep and replacement of these counter measures. This type of analysis will allow companies to quantify, with a certain degree of precision, the extend to which they need to ensure information security by giving them a set of tools based on easily accessible data. Furthermore, said tools appear to be fully compatible with the current legal landscape.