Tesis sobre el tema "Personnes protégées"
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Althafiri, Meshal. "La protection juridique des majeurs : étude comparative entre les droits français, égyptien et koweïtien". Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0018.
Texto completoThe law of protected persons is presented today in France, as a topical subject of current events by occupying a considerable space in the round tables of French lecturers, researchers and jurists. The subject of protected person law has always been a hot topic in Kuwait. The peculiarity of the legislative system of this country, declaring in its constitution as a Muslim country whose Islamic law is one of the main sources of its legislation, comes from the combination, often problematic, between the latter and the two other major sources that are 'Common Law' and Germanic civil / Roman law. The evolution of Kuwaiti laws in force is an omnipresent necessity which is imposed every time the legislator faces the evolution of society. Among the Gulf countries, Kuwait was one of the first has always expressed its desire to follow social and economic developments on an international scale, drawing inspiration from the Western example of which France constitutes one of the most interesting figures. , especially at the legislative level.The title of such work could be 'Legal protection of adults.' This thesis aims to compare French, Egyptian and Kuwaiti laws. Especially since the three rights do not provide the same guarantees, despite their claim to guarantee this protection.With regard to French law, with its multiple sources: internal, community and international law, it has established a solid and rich system, endowed with real means and a series of public and private institutions ensuring legal protection adults. However, the system is far from perfect. Efforts are still being made at all levels to fill the remaining gaps. Kuwaiti law and Egyptian law, for their part, have fairly recent systems, the sources of which come mainly from Muslim law, the civil code and international conventions.It will be interesting to compare how the Kuwaiti, Egyptian and French systems provide and guarantee legal protection for adults. What guarantees are provided by the three legislators ? What are the problems experienced by the three societies despite the particularity of each, in particular the Kuwaiti whose two thirds of the population are foreigners ?
Talarico, Laure. "La personne du majeur protégé". Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_talarico_l.pdf.
Texto completoFollowing the January 3rd 1968 law, a case law set the foundations of individual protection by asserting that when an adult under legal protection has the ability to express his will, the latter should be respected whilst ensuring the distribution of competencies between protection organisms if the protected adult is inapt to decide on his own. However, the application of the case law found its limit in the strictly personal nature of all acts. It appeared that all personal acts could not be represented by a third party. The rules of competencies allocation described in the January 3rd 1968 law, based on classifications of patrimonial acts, were hardly applicable to personal acts due to the difficulty in classifying representable acts & acts incompatible with this technique. Adult individual protection resulting from the reform issued from the March 5rd 2007 ruling is based on an autonomous regime, different and opposite to the patrimonial protection regime. It is based on the capacity presumption which allows, in theory, the protected adult to accomplish himself acts related to his own person. Nonetheless representation and assistance of the protected adult are not excluded. Civil law foresees, generally speaking, their application when the adult is inapt to grant on his own, unless the concerned personal act is strictly personnel. Besides different particular laws, issued from civil rights and public health rights, maintains representation and assistance for protected adults. Other more innovating techniques ensure individual protection, like support when the latter is under legal proceedings or the ability for the individual, with a mandate for future protection, to anticipate the moment when she is no longer capable of acting on her own. Resulting from these different techniques is a relatively complex regime of individual protection for incapable adults with particularities which will certainly appear in their application
Leveaux, Nathalie. "Etude comparative de trois cathéters courts protégés". Paris 5, 1998. http://www.theses.fr/1998PA05P164.
Texto completoNdzengone, obame Thérèse Flore. "La responsabilité internationale des Etats de protéger les personnes et leurs propriétés". Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0009/document.
Texto completoThe States have legal obligations to protect the persons and their properties. That legal obligation is based on the international Conventions. But The States or the officials behave like the private persons, they contract The State Contracts, etc.., and, Those States breach the attributes or the feature, or the characteristics, of the rule of law of Universal Nature. they fail to perform the universal law or the universal principles. To seek personal profit do not surbordinate the protection of the Human Rights. Thus, the weak people have their universal law violate, those who are not strong, children and unarmed civilians are the victims of the internationally wrongful act or the internationally wrongful act of the state, and the real authors are never accused. The interference has its meaning in the rule of law, but the peaceful settlement of conflicts seems to be better characterize the judicial principles and international law, when weak people with an universal character becomes victim of internationally wrongful acts or victims of the irregular colonial or neocolonial systems, so the mimicry of French legal institutions by the French-speaking States of Africa, or the mimicry of American legal institutions by the English-speaking States of Africa, is the mimicry that loses its universally real meaning. Indeed, the rule of law has become a simple sentence, so that the universal right has a challenge
Camara, Fatoumata. "Comportements sexuels à risque chez les adolescents de niveau collégial en Guinée : exploration des facteurs personnels et interpersonnels associés". Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27898.
Texto completoTaffin, Gwendoline. "La capacité de la personne représentée". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0194.
Texto completoThe studies concerning represented persons, such as minors or protected adults (adults placed under a representation regime), often focus on their incapacity, which is designed to protect them. While the incapacity of protected adults and minors is intended to protect them, it should not be overlooked that these incapacities also restrict the exercise of certain rights. It should therefore be noted that it is possible to protect the represented person, a necessary protection in view of his or her particular vulnerability, while maintaining that he or she has a certain form of capacity. The capacity of represented persons has evolved considerably under the influence of various recent reforms in the law of persons and the law of obligations. French law is tending to move towards greater recognition of the autonomy of incapacitated persons, whether minors or protected adults benefiting from a representation measure
Le, Du Nour. "Le consentement à l'acte médical des personnes vulnérables". Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0062.
Texto completoThe system of Consent to medical treatment for vulnerable persons – whether minors or adults without capacity – is a sensitive subject for legislator. The law has to combine protection of the patients’ physical integrity as well as the respect for their autonomy. The current state of law fails to achieve this purpose. Minors patients are deprived of their right to consent on their own, regardless of their age or level of maturity. Adults without capacity are treated in various ways depending on whether their legal protection is taken into account or not by the Public Health Code. An additional challenge is the existence of various medical acts that depend on specific regulations. Here we discuss the current limits of the law and propose a new system for the consent to medical treatment, which would be more respectful of the autonomy of minors patients or adults without capacity. Consent to medical treatment would depend on the ability to consent rather than on each patient’s legal status, such as stated in legislations from Switzerland or Quebec. However, the will to confer a larger autonomy should not put patient’s physical integrity at risk. Therefore, patients’ capacity for decision-making would depend whether the proposed care is required or not by their health state
Genevois-Malherbe, Paskall. "Les majeurs protégés en France : dénombrement, caractéristiques et dynamique d'une sous-population méconnue". Phd thesis, Université Montesquieu - Bordeaux IV, 2012. http://tel.archives-ouvertes.fr/tel-00718644.
Texto completoDeweerdt, Charlotte. "Le développement de l'assurance à Alexandrie (Egypte) : 1869-1919 : garantir les biens, protéger les personnes , prévenir les risques". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0672.
Texto completoThis study examines the origins, functioning and cultural significance of insurance market relations in Egypt during the nineteenth century, based on the Alexandria case study. Insurance is defined as an old technique of securing trade. It began in the 1830s a phase of change and continuous expansion as a result of the construction of enterprises, the modernization of the State and the European colonial expansion. We shall demonstrate their reciprocal influences and their coflicting ambitions. The process of professionalization varies according to the incurance branches, which have their own requirements, techniques and temporalities. From a methodological point of view, our study is based on the history of the companies and a sociological study of the various intermediations, general agents, brokers and regular collaborators. Our corpus includes several types of sources: unpublished private archives of the major European companies, the Egyptian & European public archives, the professional press, as well as a set of maps and plans to investigate the role of cartographic knowledge in the territorialization of the financial market and the infuence of insurance in the public domain. The demonstration is deployed through three chrono-thematic parts, successively devoted to the transition from marine insurance to terrestrial insurance (1830-1850); the syndication of enterprises (1869-1890); and the social integration of insurance in the Egyptian market (1890-1914)
Malherbe, Paskall Alice Cathy Marie. "Les majeurs protégés en France : dénombrement, caractéristiques et dynamique d’une sous-population méconnue". Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40010/document.
Texto completoThe sub-population of wards in France has changed significantly, both in size and composition, sinceLaw no. 68-5 of 3 January 1968 on incapacitated adults came into force. However, a lack a statisticaldata means it is still badly known. To improve our knowledge of the sub-population of wards, ademographic analysis of its dynamics was conducted. The purpose was to fill knowledge gaps relatingto the existing population of vulnerable adults under guardianship (e.g. number, sex, age) and to thecharacteristics of the court orders establishing, amending or ending guardianship (e.g. frequency,flows). Thanks to a multi-source approach the study identifies what derives from the changes inbehaviour relating to the establishment of guardianship and from the changes undergone by the Frenchpopulation in terms of age structure and health. The study highlights a strong but changing relationshipbetween the type of guardianship and the characteristics of individual wards. The study may also serveas a starting point for further analysis of the sub-population of wards following recent changes in thelaw
Garcia, Véronique. "Le rapport au travail chez les personnes qui vivent une situation de handicap dans un cadre de travail non compétitif". Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/34658.
Texto completoPaid work offers much more to workers than a salary. It affords them a status and legitimacy. It is also linked to their participation to social life as well as to their physical and psychological wellbeing. However, access to work is one of the main obstacles faced by people living with disabilities. In the province of Quebec, there are different measures devised to attenuate this problem. In this master’s thesis, we analyze one of them: non-competitive work. Based upon the work of Mercure and Vultur (2010) and using the sociological concept of work ethos inherited from Max Weber, we strived to understand what motivates people with disabilities to take part in this particular type of work. The objectives of this research are to delimit: 1) the life trajectories of these workers and the impact on their work ethos, 2) what are regular work and non-competitive work for them, 3) the “centrality” and “finality” which is given to work by the participants as well as their views on managerial norms, 4) the similarities and differences of their work ethos when compared to the ones presented in different studies, and finally 5) whether the types of ethos developed by Mercure and Vultur apply to non-competitive workers. Semi-directed interviews were conducted with 13 noncompetitive workers from the Capitale-Nationale region. The results show particularities regarding the meaning given to work by the respondents. This meaning is coloured by their professional and personal histories. We also observe that even though it is possible to assign a type of ethos to each respondent, these workers all express characteristics typical of many types of ethos.
Fahandej-Saadi, Ardavan. "L’interaction entre la souveraineté des Etats et les droits de la personne humaine : vers la responsabilité de protéger". Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100199.
Texto completoThrough crystallization of the right and responsibility to intervene to protect the international community tries to bridge the gap between morality and legality of the interference for the protection of human rights. As interference in human protection purposes, since the end of the Cold War, found a legal basis for customary and does not correspond to an exceptional act may be justified in certain circumstances. With this approach, in case of failure of the Security Council in the implementation of military interference, regional organizations could without authorization "prior" and "precise" Security Council, commit armed interference. The study of the legal status of the UN and practices since the end of the Cold War, shows that if the right of intervention and the responsibility to protect has not yet found a foundation "live" in international conventions, however, they can find a legal basis in customary international law. Indeed, analysis of the value of UN resolutions and customary law elements of interference and the responsibility to protect demonstrate how resolutions 43/131 and 45/100 of the General Assembly inaugurated the process the right of intervention and the responsibility to protect. And since the 1990s, the practice of the Security Council, illustrated by a large number of resolutions that led to the implementation of operations just as many, and the practice of States and regional organizations to provide a legal body interference for human protection and leave no doubt about the legal nature of the latter
Gebre, Emnet Berhanu. "La protection internationale des personnes déplacées par les changements climatiques". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10014.
Texto completoClimate change is one of the major issues of the 21st century which poses significant challenges to the international community as a whole particularly to the Southern States. Beyond the physical disruption that climate change causes, its impacts on man – most notably the displacement of population that it will likely trigger − raise several legal issues. Despite the significant importance of the flow of highly vulnerable persons, there is currently no statutory recognition of persons displaced by climate change by the international law. Considering the multidimensional and cross-cutting nature of the issue, and in the absence of a special legal protection, it was essential to question the different existing protection regimes. At the crossroad of several branches of international law, notably, refugee law, disaster response law, environmental law and human rights law, the international protection of climate displaced persons is difficult to be fully guaranteed. The partial and fragmented character of the protection obligates us to search for ways to overcome the identified legal shortcomings. Indeed, the displacements induced by climate change represent the very essence of all the legal and ethical problems that climate change poses. Though this global phenomenon is primarily attributable to the industrial activities of a small group of States, its adverse effects are taken on large group of States who remain extremely helpless in this situation due to their notably low adaptive capacity and level of economic development. The quest of international liability proves to be laborious in the face of the many legal impediments that are currently in place. Consequently, prospective thoughts related to the formulation of a specific international protection are necessary
Gatti, Laurence. "La contractualisation, mode nouveau de protection de la personne". Thesis, Poitiers, 2015. http://www.theses.fr/2015POIT3004.
Texto completoThe tutorship contractualization may be seen as an artifice weakening the individual protection and exploiting the law of contract.That movement actually provides a feeling of freedom and safety that might be illusory. The defects of this new civil contract, the mandate of future protection, are a danger for some vulnerable people, while the support contract, a management support tool, carries the mark of social control.Texts that result from the legal protection of adults reform establish new types of protection, which are theorically remoted from the traditionnal view of contract, and practically source of questions, if not of worries.These contracts, as long as their legal qualification is not questioned, can be analyzed from the angle of their similarities with relational contracts. Their singularity accounts for their own legal regime
Roca, Gregory. "La vie privée et familiale du majeur protégé". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1034.
Texto completoNeglected by the various European legislators for a long time, incapacity Law has been a primary focus since the late nineties. Influenced by the European Council, France has undertaken a more humanistic reform. The new legislation should help to protect the most vulnerable ones while ensuring the exercise of their fundamental rights, including the right for respect of privacy. This dual objective seems both unrealistic and contradictory at the same time since all protection measures lead to capacity restrictions and therefore impact the most intimate decisions the protected adult has to make.Yet, wherever the protected adult live, in the city or in an institution, the llaw seems to have found balance. This is the result of a particular importance given to the natural ability, the will but also the autonomy of the individual.However, the system is not perfect. Sometimes, the legislator did not dare to go further and maintains disabilities by principle in areas the most related to the protected person’s privacy. At other times however, it goes too far choosing autonomy over protection. Improvements are needed. To this end, it is possible to consider the removal of the remaining disabilities and replace them with a protection scheme adjusting to the degree of disability of the individual. It is also possible to imagine a generalization of the assistance which is appropriate when decisions are closely related to the person
Jaffrès, Fanny. "Le travail protégé à l’ère de l’inclusion : analyse comparée (France – Suède) de l’action publique pour l’emploi et le travail des personnes handicapées". Electronic Thesis or Diss., Paris 8, 2021. http://www.theses.fr/2021PA080127.
Texto completoThis research investigates sheltered workshops and the way they contribute to the objective of inclusion of persons with disabilities onto the open labour market in France and in Sweden. Based on different research methods (interviews, observations, collection and analysis of official documentation), our work proposes a transversal analysis of the interdependence of the different levels of policies. By adopting a comparatist approach with Sweden, presented as a model in terms of inclusion, we shed light on the French case by contrast. In a context of increasing labour market demands, our research sheds light on the way specialized devices supporting the inclusion contribute to disabled people’s job placement onto the open labour and/or to an alternative professional activity. Analysing the concrete ways to implement the inclusive model of policies toward disabled persons furthest from the labour market, we nuance the opposition between the objective of inclusion onto the open labour market and specialized institutions. We show that these policy models are cumulative rather than substituting each other. In both France and Sweden, a large sheltered employment sector is maintained. In Sweden, the appropriation of the inclusion objective by all those involved in professional integration has led to a wide dissemination of supported employment methods so that even the beneficiaries of specific schemes work in an ordinary environment. In France, the inclusion objective has remained bounded to the disability sector. New dedicated devices were thus created, indirectly leading to a strengthening of the specializations of the different actors within the disability sector
Kurek, Camille. "Le corps en droit pénal". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3075.
Texto completoThe mere mention of the body captures the attention. However, criminal law considers it only through the human person and the protection purposes of the latter. The human body is reflected through protected social values which are part and parcel of the person, or more generally of the human being, but it is rarely considered as such. The body, being concealed behind these values, questions its position under criminal law. This study is intented to reverse the traditional approach by addressing the body for what it is and not through the values it conveys.The analysis of the position of the body under criminal law reveals its frequent concealment behind the person. When the body is tackled as an individual object, then the legislator seems to associate it with a protected social value. Yet, this first impression is misleading since it forms only the substratum. Life, physical integrity or dignity are certainly inherent to the body but the latter being only the solid support to convey those abstract notions. All this leads to an unsatisfactory legal regime, firstly because the treatment accorded to protected social values is not suitable to the body and secondly, because when treated outside the person lens, the body is the subject of a flawed apprehension. Faced with these inconsistencies, this study aims to renew the legal regime granted to the human body by applying the rules on the pre-existing legal categories- things and people. By taking advantage of the criminal law regarding people and of criminal law regarding property, a renewed understanding of the body emerges in criminal law
Gasc, Bénédicte. "L'enfant hospitalisé en unité protégée : réflexions sur le travail du pédopsychiatre de liaison à partir du vécu des parents et des perceptions des soignants". Montpellier 1, 1997. http://www.theses.fr/1997MON11115.
Texto completoBougardier, Maripierre. "La protection durable de la personne vulnérable en droit civil". Thesis, Toulon, 2017. http://www.theses.fr/2017TOUL0117.
Texto completoThe article of law dated 5 March 2007 regarding legal protection of adults has raised a guideline the issue of protection and autonomy of the protected persons. Conciliation of this double paradoxical injunction - protecting and empowering - gives the law a humanist framework. In order to give capability back to the person of full age without denying protective fonction of measures, legal protection obeys "guiding principles". These principles enable adjustment of protection depending on the person 's vulnerability and, in addition, allow him to keep his freedom and abilities. Protection is renewed under the concept of durability, by improving individual capacities of vulnerable persons. The existence of the concept of durability manifests in the fields of protection of the vulnerable persons and in the expression of the concept, as it tends towards the development of the vulnerable person in the autonomy and providing them with support. The concept of sustainable, applied in the field of protection of vulnerable people, was first germinated in law of protected adults. However, vulnerability shines beyond this narrow circle. Since reform of 10 February 2016, vulnerability has been taken into account in the Common Contract Law. Reference to vulnerability makes it possible to demonstrate that it is only under certain conditions that the application of protective standards is accepted. These standards, which have evolved through recent legislation, reflect a new apprehension of protection under the prism of the " durability ". The expression of sustainable protection is manifested particularly in the law of protected adults which is its beginnings. Mechanisms tend in fact to favour expression of the will of the person and therefore his autonomy in order to make him take part as much as possible in decisions which concem him. The person is thus integrated into the decision-making process. We can now discover traces of a sustainable protection in the Common Contract Law, law of contracts and right of protected adults thus including mechanisms designed to restore of the person's autonomy
El, Rhrib-Louh Hanane. "L'autonomie médicale des personnes en situation d'incapacité : contribution à une analyse rénovée de la décision médicale". Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20014.
Texto completoMinor, major under protection of law, under guardianship or trusteeship, mentally ill person admitted to psychiatric care free or constrained, the patient must be able, in a context of health democracy, aspire to an irreducible respect for her autonomy. Located on the borders of medicine, ethics and law, timeliness and the degree of autonomy to be granted to such persons shall nevertheless declined to discernment of medical decision making in favor sometimes the will of the patient vulnerable, sometimes preserve its interests. Because the rejection of the legendary figure of the medical contract is legal, to no doubt, definitely acquired, the conference called singular, in these modern times, building a new model, that of the medical decision. For now, the situation of disability of these patients is, in large measure, the subject of a compartmentalized approach from one side to the rules of the Civil Code and the other, those of the Health Code public. It is therefore, through this analysis, to identify and highlight the weaknesses of the current legal system. The causes of failures that are the source of an instrumentalisation of autonomy of mentally impaired patients or that stand as obstacles to their structural autonomy invited to offer food for thought for the development of a theory of medical decision making
Bougardier, Maripierre. "La protection durable de la personne vulnérable en droit civil". Electronic Thesis or Diss., Toulon, 2017. http://www.theses.fr/2017TOUL0117.
Texto completoThe article of law dated 5 March 2007 regarding legal protection of adults has raised a guideline the issue of protection and autonomy of the protected persons. Conciliation of this double paradoxical injunction - protecting and empowering - gives the law a humanist framework. In order to give capability back to the person of full age without denying protective fonction of measures, legal protection obeys "guiding principles". These principles enable adjustment of protection depending on the person 's vulnerability and, in addition, allow him to keep his freedom and abilities. Protection is renewed under the concept of durability, by improving individual capacities of vulnerable persons. The existence of the concept of durability manifests in the fields of protection of the vulnerable persons and in the expression of the concept, as it tends towards the development of the vulnerable person in the autonomy and providing them with support. The concept of sustainable, applied in the field of protection of vulnerable people, was first germinated in law of protected adults. However, vulnerability shines beyond this narrow circle. Since reform of 10 February 2016, vulnerability has been taken into account in the Common Contract Law. Reference to vulnerability makes it possible to demonstrate that it is only under certain conditions that the application of protective standards is accepted. These standards, which have evolved through recent legislation, reflect a new apprehension of protection under the prism of the " durability ". The expression of sustainable protection is manifested particularly in the law of protected adults which is its beginnings. Mechanisms tend in fact to favour expression of the will of the person and therefore his autonomy in order to make him take part as much as possible in decisions which concem him. The person is thus integrated into the decision-making process. We can now discover traces of a sustainable protection in the Common Contract Law, law of contracts and right of protected adults thus including mechanisms designed to restore of the person's autonomy
Rosso, Roig Anna. "Les droits et libertés du majeur protégé : "l'effectivité de la loi n° 2007-308 du 5 mars 2007"". Electronic Thesis or Diss., Toulon, 2016. http://www.theses.fr/2016TOUL0108.
Texto completoA young disabled woman is found dead at her home. Her measure of protection concluded could not be renewed. However this person by her disabilities was unable to meet her basic needs. That's why finding themselves without outside support of a tutor, she was left to starve. We wonders therefore legitimately by what aberration this measure as had been terminated. The answer is a real leitmotiv: the lack of resources of the courts to ensure the monitoring and contrai of protection measures and including their renewel. A lack of resources meet finally everyone in the guardianship who nevertheless face the imperatives imposed by the reform of March 5, 2007: respect for freedoms and fundamental rights of the person. Almost an impossible challenge when we know that there is no protection without constraint. Protection and - this is the biggest risk for the individual - can Iock up, debase, deny the person. The reform was intended to surrender the person to the center of the device, search for its development, to ensure the effectiveness of its rights. ls it managed? The record is actually a half tint. Practices and sometimes ancestral vision of the treatment of disability remain entrenched opening the door to plunder and abuse. Time, where you will celebrate ten years of the Act cou Id we not seizing the opportunity to make the Bill the bulwark against attacks on the weakest? lt was hoped because the phenomenon will soon be a million people. lt therefore seemed interesting at first to analyse how by the development of a general status of protection and research of the autonomy of the major vulnerable, the law No. 2007-308 of 5 March 2007 helped a certain advance in terms of primacy of the individual and his rights. However in a second time, it will be necessary to focus on the limits the protection so that it does not turn against the major vulnerable
Wanègue, Mickaël. "Du risque au péril, dialectiques de la protection du vulnérable : la pratique du mandat judiciaire en direction des majeurs protégés". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM3009.
Texto completoSubsequent to court decision, authorized representatives (MJPMs) intervene in the lives of vulnerable adults ostensibly to ensure their protection. When contemplating statutory legislation and one-to-one interaction with vulnerable person/s, the central question is: How do MJPMs enact their perceived protection missions? Questions surround both debate and the choices proposed, and the strategies employed by authorized representatives when implementing the requisite protection policies. Professional practice investigates the notion of activity via a combination of ergology and language interaction. Interviews with MJPMs and their managers, and field observation of the interaction between MJPMs and protected adults elucidated the reality of the mission of protection. Priority is given to the human relationship institutionalized through a legal framework and confrontation with vulnerability. MJPM practices are crossed by three axes that have been identified and which intersect each other, i.e., the authority of the judiciary, vulnerability, and the self-autonomy of the protected person according to the legal reform of 5 March 2007. For the MJPM, debate surrounding the perceived norms, together with some main values, starts from this nodal point. The purpose of this study is not only to explicate and emphasize these values, but to underscore their value as training needs for the better fulfillment of the MJPMs’ mission
Rosso, Roig Anna. "Les droits et libertés du majeur protégé : "l'effectivité de la loi n° 2007-308 du 5 mars 2007"". Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0108.
Texto completoA young disabled woman is found dead at her home. Her measure of protection concluded could not be renewed. However this person by her disabilities was unable to meet her basic needs. That's why finding themselves without outside support of a tutor, she was left to starve. We wonders therefore legitimately by what aberration this measure as had been terminated. The answer is a real leitmotiv: the lack of resources of the courts to ensure the monitoring and contrai of protection measures and including their renewel. A lack of resources meet finally everyone in the guardianship who nevertheless face the imperatives imposed by the reform of March 5, 2007: respect for freedoms and fundamental rights of the person. Almost an impossible challenge when we know that there is no protection without constraint. Protection and - this is the biggest risk for the individual - can Iock up, debase, deny the person. The reform was intended to surrender the person to the center of the device, search for its development, to ensure the effectiveness of its rights. ls it managed? The record is actually a half tint. Practices and sometimes ancestral vision of the treatment of disability remain entrenched opening the door to plunder and abuse. Time, where you will celebrate ten years of the Act cou Id we not seizing the opportunity to make the Bill the bulwark against attacks on the weakest? lt was hoped because the phenomenon will soon be a million people. lt therefore seemed interesting at first to analyse how by the development of a general status of protection and research of the autonomy of the major vulnerable, the law No. 2007-308 of 5 March 2007 helped a certain advance in terms of primacy of the individual and his rights. However in a second time, it will be necessary to focus on the limits the protection so that it does not turn against the major vulnerable
Gelinier, Jean-Yves. "Les processus de rationalisation mobilisés par les personnels éducatifs et soignants face aux violences entre usagers au sein des établissements sociaux et médicosociaux : comment continuer à trouver sens à sa mission éducative et soignante face à l’injonction paradoxale de protéger en exposant ?" Thesis, Nantes, 2020. http://www.theses.fr/2020NANT2019.
Texto completoOur research deals with the rationalization processes mobilized by educational and nursing staff confronted with violence among users of social and medical-social establishments. In order to protect users, social and medical-social establishments, under the law of 2 January 2002, receive vulnerable people to provide them with protection and care. But some users, due to initial vulnerability can become violent ; others, for the same reason, can become victims while some, previously victims, become violent and vice-versa. Cohabitation in semi-closed establishments leads to daily violence and therefore to daily victims. Such a fact confronts us with the paradox whereby initial protection may also lead to exposition to violence. This violence, whether it be verbal, material, psychological or sexual, makes it difficult to eradicate by educational and nursing staff. Our central question is therefore as follows :« How do educational and nursing staff continue to find sense in their mission in the paradoxical injunction to protect and at the same time expose users, while being unable to master such violence and the sufferings it leads to ? ». To answer this question, after theoretically approaching the concept of paradox, we based our research on the theory of cognitive dissonance and rationalization process elaborated by Festinger in 1957. We then identified adaptative processes (denial, silence, taboo, forgetting, habituation, tolerance, relativisation) of 20 educational and nursing staff interviewed. Such adaptative processes reveal that the notion of help to users remains a strong reference point, presenting in various forms, of which some appear contradictory
Pelet, Delphine. "La notion de promoteur immobilier en droit privé français". Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3022.
Texto completoThe concept of real estate developer is functional, in that it serves the application of a specific scheme. In the contractual phase, protected sector regulations and consumer legislation oblige the developer to comply with a large number of obligations with regard to the purchaser of the accommodation. Following the reception of the work, the promoter supports in all circumstances the same legal guarantees as the builders of trade, while the material disorders of technical origin are not to be attributed to him. In addition, case law places a residual performance obligation on him, aimed at covering any damage arising from non-compliance with his obligation to deliver a work that conforms to the order and to the rules of the art. The concept of property developer is also multi-faceted. It designates both the agent referred to in articles 1831-1 et seq. of the Civil Code, who supervises the operation in the name and on behalf of the owner of the land to be built, and one who, according to the criteria set updated by case law, has "the initiative and the main care of the case". Thus several definitions coexist at present: that of a promoter who is an “initiator” at the origin of the operation which he markets (by resorting to the sale of buildings to be built, even to the sale of buildings to be renovated or the sale of completed buildings) and that of a "performing" promoter or a service provider who represents the building owner client in the exercise of his powers (by means of a contract of real estate development or of delegated project management). The question of the promoter's participation in the construction of the work and that of his possible identification with the builder of individual houses is also worth dealing with. Apart from the jurisprudential and legal definitions of the property developer, many uncertainties surround this notion. It is therefore necessary to provide the property developer with a clear and exhaustive definition, making it possible to link the judge's qualification work. According to a ratione materiae approach, it is necessary to determine the scope of his intervention precisely, by delineating the object of his construction and renovation activity, and by detailing the assembly and follow-up missions that he is likely to assume. Such an analysis must be supplemented by a ratione personae approach, focusing on the professional quality of the promoter and describing the statutory forms taken by the latter. More generally, the work of redefining the concept would only be of theoretical interest if the legal status which goes hand in hand was not reassessed. In that sense, since the concept of promoter was built on the basis of a special liability regime, it is necessary to question its merits. In addition, despite several failed attempts, the establishment of a professional status specific to the promoter remains a topical question, which involves assessing the advisability of controlling the conditions of access and exercise of the profession
Fathally, Jabeur. "Les principes du droit international musulman et la protection des populations civiles en cas de conflits armés : de la binarité guerrière au Droit de Genève. Histoire d’une convergence". Thesis, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20696.
Texto completoBarbe, Richard. "Rôle et pouvoirs de l'officier de justice lors de l'ouverture du régime de protection : le majeur inapte est-il protégé adéquatement?" Thèse, 2013. http://hdl.handle.net/1866/10749.
Texto completoAging population is a phenomenon faced by Quebec. In this context, the protection of incapacitated and vulnerable individuals will be increasingly important in the coming years and they should benefit adequate protection from the institution of protective supervision. Considering that the institution of protective supervision is always the result of a court order, the clerk of the Superior Court of Quebec has a fundamental role to play during the judicial process. The judicial officer has jurisdiction to pronounce the judgment of institution of protective supervision. The following study will attempt to verify whether the proven inapt persons are well protected under the actual system whereby the judicial officer has the function and the powers to decide. To do this, a two way analysis will be used. First, the legal framework within which the clerk shall perform its functions will be studied and second, the results and analysis of an empirical survey of clerks of the Superior Court of Quebec will be discussed. This approach should reveal the existing gap between theory and practice.
Turner, Allison. "Defining the crime of aggression : cutting the Gordian knot ?" Thèse, 2005. http://hdl.handle.net/1866/2354.
Texto completoThe crime of aggression is one of the four international crimes under the jurisdiction of the ICC. When delegates at the Rome Conference were unable to agree on the content of a definition, the crime was left undefined. As a result, the ICC can only begin prosecuting individuals for the crime of aggression once a definition is adopted by the Assembly of States Parties in 2009, at the earliest. This thesis examines three issues associated with the crime of aggression: the question of individual criminal responsibility, the role of the UN Security Council and the general scope of the definition of the crime of aggression itself Individual criminal liability is reviewed, inter alia, from the perspective of international sources doctrine. Regarding the role of the Security Council in relation to the crime of aggression, the author concludes: if the Security Council is vested with more powers than it already has under Articles 13(b) and 16 of the Rome Statute, each permanent member will have a veto over any situation of aggression that might otherwise be brought before the Court. This would result in a complete politicization of the ICC and render moot any future definition of the crime of aggression. If a definition for the crime of aggression is properly conceived and constructed, it is argued, there is no need to further limit the Court's exercise of jurisdiction. The author proposes general parameters for the scope ofthe definition based on conclusions reached in the analysis of the conceptual components of aggression. At its essence, the act of aggression is the unnecessary, unlawful use of force which constitutes a breach ofthe peace. Unless employed in "self-defence" or under a Chapter VII mandate, the use offorce constitutes prima facie an act of aggression, and if it is sufficiently grave, a crime ofaggression. This thesis concludes with a working definition ofthe crime of aggression to promote dialogue and ultimately a consensus on these core issues. Not only is a definition is within reach, the author believes, we are closer to it than we ever have been before.
"Mémoire présenté à la Faculté des Études supérieures en vue de l'obtention du grade de LL.M. en Maîtrise en droit Option recherche"