Tesis sobre el tema "Réparation du préjudice"
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DOLLET, DAMIEN. "La réparation du préjudice sexuel". Université Louis Pasteur (Strasbourg) (1971-2008), 1992. http://www.theses.fr/1992STR1M167.
Zerhat, Pierre y Maurice Gizardin. "Demande de réparation civile d’un préjudice médical". Paris 8, 2005. http://www.theses.fr/2005PA084223.
The aim of our study is to know, about victims of a medical prejudice: What is their social and economic status ? What kind of relationships do they have with other actors (healthcare professionals, jurists, magistrates, experts,. . . ) How do the environmental factors intervene in the origin of the damage? The Means : Datamining of a database including more than 400 demands of civil repair for medical préjudices The Results :The study shows how various the definition of “victim” can be in the actual social evolution. Medicalisation is one of the main characteristics of this evolution. Concerning the problems described in this thesis about the demand of civil repair for a medical prejudice, the authors suggest as a solution the creation of a court specialised in healthcare litigations. This court would include both professional judges and judges who are healthcare professionals. The latters would be elected by their peers through the Ordres and other professionnal organisations
Kazemi-Rached, Ali. "L'islam et la réparation du préjudice moral". Université Robert Schuman (Strasbourg) (1971-2008), 1988. http://www.theses.fr/1988STR30011.
The fundamental sources of muslim right, the Coran, the Sunnat (tradition), the "Idjma" (general consensus) and the Qiyas (analogical reasoning), as well as other sources of this right i. E. The AGL (human reason) acknowledge moral unjury and allow its reparation. However, most juriconsult theologians ignored this aspect of civil liability, to the point of considering it impossible. As the legal basis of this reparation does exist, the question for us was to find through which institution of muslim right compensation coul be effected for victims of extra-patrimonial injury. The diya (price of blood), equivalent of the composition of ancient roman law, is owed not only for manslaughter, but also for injuries, loss of limbs or their beauty. In spite of legislative effort, and despite the advisability of the decisions made in virtue of the hukoumat-al-adl, harmonizing the various solutions suited to islamic legislation remains desirable as also better reparation of injuries, in whatever shape or form, proves indispensable
Boskovic, Olivera. "La réparation du préjudice en droit international privé". Paris 1, 2000. http://www.theses.fr/2001PA010355.
Jeanmaire, Emilie. "La réparation du préjudice en droit du travail". Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0124/document.
What is damage compensation in labour law? Labour analysis doesn’t consider the question in its entirety. It is more likely to be selectively focused on the compensation due to the improperly dismissed employee, on the submission of a dismissal award scale when the dismissal occurs without actual and serious basis, on the prejudice of anxiety and its presumed nature, on the development of the safety obligation of result, or even on the opportunity of creating a class action. On the contrary, this dissertation proposes to raise the issue of damage compensation in labour law in a global perspective and to appreciate it in view of civil law. Several questions must be clarified. At first, what is a compensable prejudice in labour law? Has it the same substance and contours as that of civil law? Since the only compensable damages are the ones meeting legal requirements, the question is to know whether the rules that frame employment relationships are tracing those of the common compensation law, or supplement, subtract, distort them. Reflection is then continuing to know how damage is compensated, in labour law especially. Monetary remedy is often pronounced in such cases. Yet, is its evaluation still in accordance with “the actual prejudice”? Diverse rules are provided in French Labour Code to help evaluating compensation: maximums, minimums and set amounts. Legislator is willing to input more of them, imposing an award scale concerning dismissals without actual and serious basis. With these instructions, isn’t there a substantial risk of pulling away the full compensation principle? Last act: it is to be known who compensate in labour law, who is its debtor. Who is to be chosen between the employer, the co-employer, the AGS (Wages Guarantee Association) or a compensation fund? The question is, as well, that of the judge of compensation’s identification. The employment contract is submitted to several judges: which one for which compensation issue? Although inspired by civil liability mechanisms, damage compensation in labour law has been adapted to an employee’s protection and promotion logic. Looking for a balance between this objective and the companies’ socio-economic constraints, damage compensation in labour law appears to have certain specificities this dissertation proposes to highlight
Denimal, Marie. "La réparation intégrale du préjudice corporel : réalités et perspectives". Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20017/document.
The principle of full reparation for bodily injury demonstrates the limits of its current application. While our legal system seems inclined to all the requests to the victim, it largely misses its goal : the multiplicity of compensation schemes, heterogeneity assessment methods and insufficient firmness concepts implemented appear as factors of disparities between the victims. In support of an open study with international law, to the doctrinal solutions as well as an adjustedunderstanding of the concept of victim ; this thesis works for the empowerment of personal injury law respecting the values of equality, humanity and justice of compensation specific to the full compensation principle of reparation for bodily injury
Gayte-Papon, de Lameigné Anaïs. "La notion de préjudice corporel". Thesis, Université Clermont Auvergne (2017-2020), 2018. http://www.theses.fr/2018CLFAD008.
Personal injury law is today a distinct field in the French legal system. This law, which had been ignored for a long time by lawmakers, is built up according to current events, the case law setting out the general rules and the law, the special rules. This matter suffers from the lack of standardization of compensation for a bodily injury which may make the compensation unjust. In this context, this study proposes to intends to define the notion of bodily injury in order to empower the law of personal injury. First, the repairable body must necessarily be defined in terms of biotechnological developments since he founds the claim for reparation. Then the repair procedures for bodily injury will be facing their effectiveness in repairing physical injury. In light of the legal of neighbouring countries, European law and the proposed reforms, the thesis calls for the standardization of the personal injury law for a better and fair compensation for personal injury victims
Baele, Vincent. "Le préjudice dans la responsabilité contractuelle". Chambéry, 2008. http://www.theses.fr/2008CHAML064.
Cayot, Mathilde. "Le préjudice économique pur". Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD020.
Pure economic loss is the one that results neither from a personal injury nor from damage to property and generates negative economic consequences, such as the damage caused to the economy, or as the prejudice resulting from an act of unfair competition. This notion is little known to the French law. However, practise shows that some economic prejudices under this definition exist and are compensated for. From this practical ascertainment result several difficulties. There is confusion between pure economic loss and economic damages that, on the contrary, are the result of an injury to person or property. This confusion harms the effective compensation of the pure economic loss. Moreover, the absence of an appropriate legal regime entails a distortion of liability mechanisms, as its traditional criteria are undermined when it comes to repairing a pure economic loss. Various examples illustrate these difficulties: the damage to the economy, for instance, or the injury in terms of unfair competition, for which the certainty is rarely established. Therefore, it would be appropriate to adapt and develop the existing rules in order to achieve effective compensation for pure economic loss. Amongst these developments: the rather already old question of these punitive damages, or the renewal of the issue of « economic » compensation in nature through the restitution of « over profit », as suggested by some. A suitable legal framework could thus govern the existence of pure economic loss criteria on the one hand, and its assessment criteria on the other
Pradel, Xavier. "Le préjudice dans le droit civil de la responsabilité". Paris 1, 2001. http://www.theses.fr/2001PA010314.
Pinkaew, Angkanawadee. "La réparation du préjudice moral en droit thaï, à la lumière de l'expérience française". Nantes, 2010. http://www.theses.fr/2010NANT4012.
The moral damage suffered by the victim is the fundamental damage but rather difficult to be compensated in Thailand. Preoccupied by the fear of the excessive claims, the danger of opening the floodgates, and the difficulty of evaluation, the legislators of the Civil and Commercial Code strive to limit the scope of such compensation. Consequently, the concept of non-compensation of moral damages is accepted in the tort law. The law provides only two exceptions that the indemnities for the moral damages can be awarded. However, during these last years, this restrictive compensation of moral damages does not really comply with the social development and the evolution of public opinion. Therefore, extending the scope of such compensation seems necessary not only for the mental sufferings caused by the death (including the serious injured) of beloved person (bereavement), but also by the invasion of privacy. In this research, the French law serves as the demonstration of which the experiences guide us to propose a more suitable compensation for the Thai law. In France, the moral damages are generously awarded. Nevertheless, after taking into account the difference of the legal system and the social factors, it suggests that the extension of the compensation for moral damages should be strictly limited
Guennad, Smain. "Le préjudice moral des personnes morales". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020035.
As they face a growing number of commercial torts, and their inalility to manage them, companies are no longer able to obtain effective compensation for property and pecuniary losses. On the basis, some authors suggest the introduction of punitive damages, while others advocate restitutory damages.This study aims to desmonstrate that companies can suffer damage to their extra-patrimonial interests, and that in this case they should be compensated at least on the basis of moral damages. In this context, this thesis will focus on the concepts of brand, know-how, corporate culture, identity, and reputation. Furthermore, the distinction between the terms “damage” and“harm” is critical, as it clarifies the legal status of non-pecuniary damages suffered by acompany while the consequences of patrimonial and extra-patrimonial damages are considered separately. Hence, new rules regarding the moral damages should be considered. The role of judges and experts will be highlighted, as well as the criteria therefore used by the judge. An option isalso to consider some additional criteria. It is also worth mentionning the results of redress onthe various protagonists
Bosc, Lionel. "Le préjudice collectif : contribution à l'étude des atteintes à l'intérêt collectif". Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10032.
The time has come to protect the collective interest and civil liability law cannot ignore the threats posed to this interest. Are such breaches sufficient to be qualified as collective damage? Nothing is less certain. Having become the alpha and the omega of civil liability, collective damage irreversibly continues its growth. Defined by its personal character, the damage seems to be reluctant to receive a collective quality. However, both doctrine and case law regularly take into account compensation for collective damage when the subject of a dispute relates to an interest qualified as collective. In fact, an analysis of positive law shows that the collective quality of these interests and prejudices is too often only an appearance, so that both aspects are misguided. Beyond appearances, however, a profound movement is gradually allowing real collective harm to emerge, as evidenced by the introduction of ecological damage into the Civil Code. This latter, as an instance of limited recognition of collective damage, could easily be broadly extended. To this end, there is an underlying foundation within private law, which needs to be highlighted in order to ensure both consistency and the most adequate reparation, and to thus contribute to the renewal of responsibility
Gaba, Ishola Dédé Louisette. "La réparation du préjudice causé à la victime d'une infraction pénale : étude de droit togolais". Poitiers, 2002. http://www.theses.fr/2002POIT3003.
Reiss, Lydie. "Le juge et le préjudice : étude comparée des droits français et anglais". Paris 1, 2002. http://www.theses.fr/2002PA010262.
Gracia, Jean-Luc. "L’atteinte à la propriété : contribution à la distinction du dommage et du préjudice". Pau, 2007. http://www.theses.fr/2007PAUU2007.
The mainspring of the distinction between damage and prejudice comes to consider the damage as the prime cause of the prejudice. Now, as far as property is concerned, this damage may be found in what it’s usual to describe as a breach of property. Such a breach, beyond the bareful doings of this author, also represents a disavowal of the subjective right of property. This ignoring may be understood as framing a damage to the sole prerogative of the owner. This damage, caused to property, separate from the possible prejudice of the owner, is alone equal to bring into operation legal structures, specific to the defence of property, law of property and rights of literary property. The results of these structures will mainly be to reinstate the owner in the legal and material position that was his own with reference to his own’s possessions before this damage happened. Effecting this a comeback to statu quo ante, the judicial reaction raised up by this damage may have in common with a genuine reparation carried through it might take part in atonement for property materially damaged, the civil liability mainly centers interest on the prejudice resulting from the damage. A genuine come back to statu quo ante is then out of place. It’s a matter for the civil liability no more to repail but to compensate pecuniarily prejudices of the owner, whatever solely patrimonial or extra-patrimonial they may be
Hoss, Cristina Maria. "Vers un contrôle de la légalité internationale : la réparation du préjudice immatériel dans la responsabilité des Etats". Paris 2, 2005. http://www.theses.fr/2005PA020062.
Chiche, Jennifer. "La réparation du préjudice professionnel à la suite d'un dommage corporel en droit de la responsabilité civile". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0040.
At a time when the law of personal injury tries to stand out from the rules that are specific to it, full compensation for bodily injury seems to be truly obtained by the victim only in the context of civil liability. Professional prejudice has become more autonomous since the development of the Dintilhac classification distinguishing professional earnings losses from the functional deficit and conceptualizing a new professional harm position « professional incidence ». Comprehensive reparation « all prejudice; nothing but prejudice; the real harm » becomes its expression. However, this principle is often abused and inevitably inequalities of treatment between victims result. Indeed, the excessive influence of third-party payers' recourse on the assessment of professional harm and the absence of tools essential to the sustainability of the matter are puzzling
Gueye, Doro. "Le préjudice écologique pur". Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10061/document.
Environmental damage has always been taken into account from the perspective of anthropocentric damage, that is, damage that affects humans and goods. Today, driven by the ecological ethics defended by the advocates for an ecocentric design for Man's responsibility to environmental goods, most of the doctrine considers environmental damage as purely ecological damage. This concept of purely ecological damage can be defined as the wrongful consequence of damage to a common environmental heritage, a certain threshold of severity and deriving from an act attributable to man. The specificity of the nature of purely ecological damage means that its recognition and compensation are understood with difficulty in environmental responsibility law. Compensation for purely ecological damage is taken into account, at the European level, by the directive of 21 April 2004, which set up an innovative mechanism for environmental responsibility, transposed into France by the law of 01 August 2008, creating an administrative policy for the prevention of, and compensation for, damage to the environment. However, a judge sensitive to ecological damage always tries to compensate for the purely ecological damage on the common law principle of civil responsibility, the rules of which are ill-adapted to the specificity of this type of damage. Taking the environment into account as humanity's common heritage, the input of subjective and fundamental law on the environment, adapting the civil responsibility regime through implementation of a group environmental action and establishing punitive damage compensation all make it possible to go beyond the requirements of certain, direct and personal damages, and to better repair purely ecological damage through common law in civil responsibility
Godefroy, Arnaud. "Les préjudices psychologiques en droit de la responsabilité civile". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1006.
Regularly hit by the violence of life in society, traumatized victims look through tlegal liability, support to provide them fair compensation for their injuries. If earlier, interest has focused on the physical appearance of infringements by human activity, now it seems necessary to deal with the psychological aspect of the victims. The apprehension of these losses is still in its infancy in terms of liability law requiring a structured approach to address the problems related their implementation. The proliferation of traumatic events - terrorist attacks, disasters, various physical assaults, etc. - Has contributed to the proliferation of psychological harm by case law. This phenomenon then invited to reflect on both a theoretical structure and a sustainable practical implementation of psychological harm. This study would offer the opportunity to respond to regular questions on this subject. What are the operative events may create a psychological trauma ? Could there be a unitary concept of psychological harm ? Does not exist any particular complexity related to the assessment of that damage ? Or is it monetary compensation the only answer that the law of civil liability can make to a victim who seeks compensation for psychological harm ? If the standards in force seem to respond in part to these questions, the absence of structuring pushes to think about a new and coherent approach in order to not to distort the right to repair
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.
In 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
Mohamed, Gamaleldin Hossam. "Étude des règles d'indemnisation du préjudice dans l'arbitrage international : vers une indemnisation adéquate du préjudice". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010301/document.
Recourse to arbitration on the part of international business operators has a very important aim, which is the appropriate and efficient indemnisation of prejudice. ln order to evaluate this, our study adopts a detailed legal study of reparations to arrive at a satisfactory result concerning the most appropriate principle to be applied at a common framework as a mode of evaluation of the indemnisation of prejudice in international arbitration, focusing the spotlight on ICC and ICSID arbitration. To this end, it is necessary to follow a legal analysis of bath the fundamental and contingent rules of indemnisation in order to gain a complete perspective on the process of the evaluation of the quantum of prejudice. Thus an inevitably recurring feature throughout the thesis was the legal rules of compensation in French private law in addition to the common law legal system. Furthermore, a review of these rules' codification has been followed in the context of international uniform law instruments. Ali these regulations have inspired the arbitration law and served as its sources in reparation matters. These developments have led us to perceive that compensation must be adequate taking into account not only the damages suffered, in accordance with the general principle of full compensation, but also all the interests affected in the knowledge that certain harms are not mathematically evaluable, entailing the necessity in these cases of an arbitrary compensation. Therefore, a new concept of « adequate compensation » for the damage could impose itself in the future in the law of international arbitration
Bascoulergue, Adrien. "Les caractères du préjudice réparable : réflexion sur la place du préjudice dans le droit de la responsabilité civile". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30082.
Not all prejudice emanating from society gives rights to redress. This expression illustrates more of a wish than a reality as the history of conditions to restrict the range of redress is one of long duration and of slow and profound decline. In principle, for prejudice to be compensated it must exist, be personnel, and direct. Jurisprudence adds the demands of legitimacy. An examination of current law however, shows that these conditions have less and less of an impact. For example, recent recognition of ecological prejudice confirms this while the compensation of collective damage in the strict sense rests on the relinquishment of the requirement of personal damage. The phenomenon is today acted upon, and results in the making of almost any infringement a source of compensation. As well, it encourages a reflection on the rehabilitation of certain general characteristics of the damage and even about the rediscovery of other more special characteristics. A reaction to the prejudice or an abnormality, to confine better the right are examples. To confront this, two attitudes are possible: either abandon any hope to control the field of the compensation effectively or to resist the phenomenon and restore in the right of redress incorporating a coherent and restricted dimension. It is this latter approach that this dissertation argues to enable prejudice to finally play a structuring role in contemporary law of responsibility
Michel, Didier. "La réparation des dommages et préjudices causés aux descendants d'esclaves : le cas de la République de Maurice". Thesis, La Réunion, 2018. http://www.theses.fr/2018LARE0028.
This research deals with the issue of the consequences of the crime slavery in the Mauritian context. Since the first months of independence in March 1968 to date, there has been a movement seeking reparations for the descendants of slaves as its aftermath of slavery is still visible. This work contains two objectives. First, it shows that the case of Mauritius can serve as a model of comparison where slavery was practised because there have been several achievements making possible reparation for the crime of slavery. These Mauritian achievements are as follows: • A public holiday is decreed to commemorate the abolition of slavery every February 1st; • A Truth and Justice Commission was instituted in 2009 to confirm the legacy left by the slave system and its impact to date. In November 2011, the Commission submitted a 4-volume report confirming that the descendants of slaves still suffer the damage caused by the slavery system in the Republic of Mauritius. The Commission has reported several areas that effectively demonstrate that the slave system legacy is still relevant. In addition, the Commission issued 290 recommendations to mitigate these damages. • The Mauritian National Assembly in 2003 passed a private motion declaring slavery and committing as crimes against humanity. • In 2008, Morne Mountain, a place of refuge for escaped slaves, was inscribed as a cultural landscape by the United Nations. The second objective is to make proposals to repair the damage caused by the system of slavery. Reparation is possible as it does not only involve legal implications
Rabut, Gaëlle. "Le préjudice en droit pénal". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0173/document.
The notion of prejudice habitually falls within the boundaries of civil law. As a traditionaland inescapable feature of this discipline, prejudice is today sparking off heated debates amongspecialists. Confronted with this new trend, criminal law experts can rightfully wonder about the placeof prejudice in criminal law. If the concept is little used in this law area, it is nonetheless not totallyunknown. However, the study of prejudice in criminal law will have to prove the irrelevance of thisnotion in that regard. This difference between civil and criminal law can be accounted for by thedistinct purposes of these two areas of the law. Whereas civil law aims at seeking redress for harminflicted on individuals, criminal law is guided by the imperative need to protect general interestthrough the maintenance of law and order.Thus, prejudice does not fall within the scope of the criminal offence theory. It is neither taken intoaccount in the process of defining offences by the lawmaker nor in the classification of the offence bythe trial court. Prejudice is not a constituent part of the infringement and thus is not tantamount to itsoutcome. Furthermore, the notion of prejudice plays a limited role in the theory of criminal lawprocedure. If prejudice appears as a condition governing the admissibility of a civil action brought incourt it is because it is perceived as a legal action for damages, for the sole purpose of monetarycompensation. On the other hand, prejudice is not a condition for criminal proceedings with thepurpose of punishing the offence
Bondon, Marie-Sophie. "Le principe de réparation intégrale du préjudice : contribution à une réflexion sur l'articulation des différentes fonctions de la responsabilité civile". Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD038.
"The peculiarity of civil liability is to restore, as exactly as possible, the balance destroyed by the damage and to put the victim back in the position she was in if the wrongful act had not taken place." Ite misa est : the entire civil liability is defined through the principle of full compensation.Limited to the curative function and excluding, as a matter of principle, taking into account the gravity of the fault, the axiom stays away from the punitive function. Civil liability is dual, both curative and normative - the penalty payment and the penalty clause bear witness to this orientation. The principle of full compensation causes the hegemony of compensation, that is why it obliges to restore a balance, assuring coherence and harmony in the functions of civil responsibility.Civil liability deserves to be reformed under two headings: the rationalization of the compensatory function and the renewal of the normative function.The principle of full reparation remains essential to the compensatory function of civil liability: a pledge of adaptability of the forms of reparations and of the evaluation of damages, it makes it possible to ensure its rationalization. Clarifying the rules determining and assessing harm would undoubtedly reduce criticism of this "ideology of reparation". The last reform project of civil liability wants to undertake it, precisely by clarifying the conditions of responsibility.Nevertheless, to recognize its limits is essential to the effectiveness of civil liability, without which the principle of full compensation will hinder too much the normative function. A paradigm shift seems necessary to revalorized preventive and punitive functions. Through them the two main axes of the normative dimension are expressed. In this sense, private penalty, correlated to civil fine, deserves to be revalued by positive law in order to harmonize the principle of full reparation with the corrective mechanisms essential to the sanction of faulty behaviors
Delgorgue, Juliette. "Le préjudice dans le cadre de la responsabilité pour troubles de voisinage en droit administratif". Artois, 2003. http://www.theses.fr/2003ARTO0302.
Allasasmeh, Abdalaziz. "La notion du préjudice réparable comme fondement de la responsabilité délictuelle en droit compare français et jordanien". Rouen, 1989. http://www.theses.fr/1989ROUEL070.
Civil liability has known several stages as far as accident victims indemnification is concerned, and particularly for traffic accidents. Human activity in our present world of modern technology can at any moment cause harm to the third party. Therefore the multiplication of accidental damages has lead civil liability to take a more and more important place in our everyday lives. Nervertheless, if we accept the modernism and the industrialisation which allow us to benefit from a certain confort on one hand, but which can be responsible of accidents on the other hand, we are lead to take on and to insure the damages or harm suffered by the victims. It is in these terms that the problem of the compensation and the different hesitations as regards to the existence or non-existence of the misdemeanour based on the principles of the 1804 code. Nowadays, all risks are guaranteed and covered by compulsary insurance, which places the defendeur in a position of rationalised comfort. Although of course, he who has lost an arm or an eye will remain without his arm or his eye, if it is not his life he has lots. Finally, jurisprudence, doctrine and legislation have been through an important an favorable evolution during these last years as far as damage and harm compensation is concernet. Similarly, in our case we hope that this evolution will continue in order to improve the fate of the victims and to bring about a complete compensation through automatic indemnification
Kotoko, Louis rodrigue. "De la solidarité comme moyen de réparation du préjudice en Afrique à la notion d'assurance : le cas du Bénin et de la Mauritanie". Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC028/document.
Since the dawn of times, whatever the shape it has had, one of the major worries of mankind has been and still is his protection, the protection of the people close to him and that of his belongings against the hardship of life. In that perspective, Insurance companies have been created.In Africa, before the introduction of that notion, it is the solidarity in its various forms (assabiya, touiza, Iahwa or else tontine) that has served as means to repair damage.Insurance law that has for mission to govern the activity, has, in Africa a configuration that was intimately connected to the colonial history. The study of the evolution of the notion of insurance in Mauritania and in Benin puts us in front of two legal systems having peculiarities sometimes stemming from the islamic law or common law. However, the point of convergence of these two systems remains the French law which they inherited via colonization. This imported law has it been learned by these two countries?The CIMA code and the Mauritanian insurance code will allow us to fully grasp the insurance contrat, the compensation and the activity of insurance : essential elements to raise the current situation of the sector of the insurances in Benin and in Mauritania. In Africa, even if in certain countries the sector of the insurance is in net growth, the questions raised by this thesis will be relative to the adaptability of the conventional insurance in the African countries in which the sector of insurance has difficulty developing.In any case, it will be necessary to lead a reflexion on alternatives of the developement in Africa of the conventional insurance
Prud'homme, Patrick. "La réparation du préjudice non-corporel en droit français et en droit anglais : un aperçu des rapports de la responsabilité contractuelle et de la responsabilité délictuelle". Paris 2, 1990. http://www.theses.fr/1990PA020166.
Damages for non-personal injury leads to the analysis of three major themes : first, the remoteness of damage which gathers the french concepts of causation and foreseeability; second the assessment of damages which includes the reliance and expectation interests, the "perte subie" a,d tje "gain manque" and the methods of assessment; third, the action for damages of a third party beneficiary of a contract, the action in tort in english law will compared oto the action in contract in french law. Before, the field and the technical differences between tort and contract will be compared
Haddad, David. "La perte de chance". Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0106.
Acknowledged by the end of the 19th century, the loss of chance is nothing else than the prejudice recognizing the Joss of the probability of a positive event occurring. Synonymous of coincidence when used in its singular form but synonymous of probabilities when plural, the chance is in framed by law. The loss of a chance is a repairable prejudice as long as the victim of the harmful attitude shows the gathering of a few substantive conditions. To this effect, the notion of causality ought to be given a particular consideration. The chain of causation must be established between the objectionable behavior and the loss of chance. Hence, the loss of chance prejudice has its own autonomous causation and shall not be mistaken with the entire damage. Furthermore, the chance must be « real and serious » in order to be repairable, thus excluding the low chances on reparation. The victim will then obtain a compensation equal to the loss of chance. Having a legal value, the chance must be lost forever in order to be compensated. Indeed, if the victim claims chance that might still be reached, its compensation will be excluded. Even though it has been rigorously defined, the loss of chance has been brought down to the holdall status, as a legal reaction as if it were the last possibility to obtain compensation. In this perspective, the loss of chance has bypassed the causality, yet essential, in order to award to this prejudice a moral connotation whether than a legal one. The loss of chance undergoes the consequences of the evolution of the civil liability concept and the influence of the precautionary principle. Taking perspective on the loss of chance's definition, this concept has even enable the question of the existence of this legal theory, which encounters a relative success in the European legal systems. Trapped in a legal swirl, the loss of chance has become a compensation reflex, putting all the chances on the same level. By an unexpected revision of the jurisprudence, the Cour de Cassation (Supreme Court), has integrated the reference the "reasonable chance" notion. Thus, the loss of chance finds its original place back, compensating only the substantive chances. This work will aim at demonstrating the impact of the legal revolution on the loss of chance. Whether it is the effectiveness of its legal regime or the stability of its enforcement, the loss of chance has an interest in embracing the legal renewal through strict and pragmatic propositions
Belinguier-Raiz, Sarah. "La réparation des dommages causés par le dirigeant en droit des sociétés : étude comparative droit français-droit italien". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1013.
Piacentini, de Andrade Isabela. "La réparation dans la jurisprudence de la cour interaméricaine des Droits de l'Homme". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020069.
The international reparation of damages suffered by individuals is a relatively new subject that hasn´t received the amount of attention it deserves from international law. The international responsibility of the State towards individuals is indeed a topic missing from the Draft articles on responsibility of States for internationally wrongful acts adopted in 2001 by the United Nations International Law Commission, which was mainly featured to discipline the responsibility of a State towards another State. The jurisprudence of the Inter - American Court of Human Rights might considerably contribute to filling this important gap in the law of international responsibility. Taking advantage of its large competence to order reparation measures according to article 63§1 of the American Convention of Human Rights, the Inter-American Court has developed a substantial and original jurisprudence leading to the establishment of a legal regime on the reparation of individual damages on the basis of the international responsibility of the State. From the study of the inter -american regime on reparations, it can be inferred that its specificities – deriving from the particular character of the State responsibility towards the individual and from the seriousness of the human rights violations brought to the Court – do not lead to a diversion from the general rules on State responsibility, but rather to their completion: the legal regime of reparation that comes out from the jurisprudence of the Inter-American Court definitely contributes in filling the lacunas of international law with regards to the discipline of the international reparation of damages caused to private persons
Juen, Emmanuelle. "La remise en cause de la distinction entre la responsabilité contractuelle et la responsabilité délictuelle". Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD006.
If contractual liability and tortious liability are considered today as being the two systems of civil liability, they are two distinct forms because their rules differ. Unity of nature, duality of rules : this is how the distinction between contractual liability and tortious liability is currently presented. However, this form of distinction is contested both regarding the unity of the nature and the duality of rules. The debate is as exciting as it is embarrassing, notably due to the legal insecurity it conveys. On the eve of the reform of contract law, it seems necessary to review this recurrent debate and thus reconsider once again the distinction between contractual liability and tortious liability. This present research suggests that if the former is effectively a reality, the latter is only an illusion. That being so, the distinction between contractual liability and tortious liability disappears. As a result of the inexecution of a norm, civil liability reveals its oneness, unless the twilight of this distinction is the dawn of another distinction, more relevant, between simple liability and aggravated liability
Spitz, Nicolas. "Marchés boursiers et responsabilité civile : La réparation des préjudices boursiers". Paris 1, 2010. http://www.theses.fr/2010PA010270.
Augier-Francia, Emeline. "Les nomenclatures de préjudices en droit de la responsabilité civile". Electronic Thesis or Diss., Lyon, 2020. http://www.theses.fr/2020LYSE3052.
Fifteen years ago, the process of injuries nomenclatures was unknown in the field of civil liability. However, it seems that these instruments can now be considered as fundamental tools in the construction of a rational and harmonized reparation strategy for bodily injuries and environmental damage.Thanks to their methodological approach, nomenclatures can be used as a reference by all the actors of the reparation process (judges, experts, lawyers, etc.) in a civil liability action. These would help them transcribe a damage, also called “damaging reality”, into various categories of injuries, in other words, into a legal reality. This way, these controlling tools ensure compliance with the principle of full reparation in order to respond to the idea of an effective protection of victims’ interests, which is at the core of civil liability since the 21st century. While a general reform of civil liability is being considered by the Chancellery, the idea of the generalization and formalization of these tools raises questions. Therefore, this research work has the ambition to devote an in-depth thinking about the injuries nomenclatures impact on the civil liability legislation. It now appears necessary to offer a thorough study on the nature of these tools, their authority over the actors in the reparation process, their effectiveness on positive law, as well as their development opportunities
Masoumi, Khazar. "La responsabilité environnementale des Etats : un régime juridique en émergence". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA001.
Despite some authors’ scepticism, the international environmental law can find certain solutions in the law of state responsibility. However, the success of finding such solutions depends on the introduction of a number of environmental considerations to as conditions of state responsibility, its invocation and reparation. Regarding the first, although the state responsibility, which is based on breach of obligations, may lack normative environmental aspect, its preventive role vis-a-vis the environmental harm should not be underestimated. As to the invocation, the positive law has to acknowledge the right of an injured state acting for the collective interest in order to include spaces and species beyond the state’s sovereignty to the law of state responsibility. Regarding the forms of reparation, restitution and compensation must be adapted taking into consideration the importance of environmental restoration towards baseline conditions. However, satisfaction needs to transform into a multiform and flexible form of reparation. For this purpose the present study suggests the biodiversity offset mechanism as a form of satisfaction
Minet, Alice. "La perte de chance en droit administratif". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020004.
For several years, loss of chance has interested administrative judges and legal writing in public law. The former, who have widely developed its area in law of administrative liability, have changed the method of compensation of this instrument, by using the example of private law. The second has tried to identify the justifications of the use of loss of chance by using the uncertainty of prejudice and the one of causal relationship. But the analysis of jurisprudence shows that, despite the diversity of risks justifying the use of loss of chance, this is in keeping with a unique scope which is characterized by causal uncertainty. The variety is to be found elsewhere, at the stage of compensation. According to the selected method – the all or nothing approach or proportional compensation – the face of the loss of chance changes. It sometimes forms a presumption of causation, sometimes a prejudice, and so overcomes the causal uncertainty in two different ways. The current hesitations of administrative judges prove that it is difficult to choose between one or the other of two methods of compensation, and therefore, between the two instruments which are linked to them. However, the type of risks which underlies the use of mechanism can give a key to repartition of these two methods of compensation
Crouzieres, Julien. "L'évolution de l'obligation de mise en garde du banquier dispensateur de crédit". Electronic Thesis or Diss., Perpignan, 2022. http://www.theses.fr/2022PERP0027.
Established ab initio by case law, the obligation of the credit granting banker to warn has been enshrined in law, by way of ordinances, on the occasion of the reform of real estate credit in 2016 and of the law of securities in 2021. The duty to warn is now subject to several regimes, each with a different scope of application and enforcement. After having verified the autonomy of the obligation to warn, both of jurisprudential and legal origin, in relation to other similar obligations, the thesis aims to study the qualities and shortcomings of each of these regimes, in order to submit de lege lata different remedies. De lege ferenda, one appropriate solution would be the establishment ofa common law of the duty to warn, which the thesis proposes to suggest. This obligation would gain in legibility and coherence. Moreover, the proposed reform would allow the duty to warn to be fully effective. Finally, the objectives of legal and economic security, which are essential both in the area of credits and securities, would also be satisfied
Picard, Kelly. "La responsabilité de l'État du fait du préjudice historique : réflexion sur la possible reconnaissance d'un dommage constitutionnel". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0531.
Can historical facts, several decades after their occurrence, lead to the recognition of an injurious situation, giving rise to a specific form of legal accountability? This doctoral study is set up at the crossroads of constitutional and transitional justice. These latter can be defined as the set of mechanisms seeking to achieve justice after times of massive violence including responsibility, reparations and the recognition of truth. This doctoral study asserts that the failure of justice in the aftermath of extreme violence and mass crimes is likely to generate a specific “historical wrong”. It reveals the necessity to recognize a legal and judicial accountability resulting from an historical wrong. However, the exceptional nature of extreme violence acts generates “extra-ordinary” prejudices, creating a need for the implementation of specific mechanisms beyond the ordinary ones. This thesis will therefore explore the notion of “constitutional damage” as a potential basis to the accountability resulting from historical wrong. Thus, this dissertation exposes a larger issue on the helplessness of the law outside its traditional ordinary mechanisms and on the need to go beyond its limits. It also seeks means to answer and deal with a social reality from which the law would otherwise remain distanced
Quistrebert, Yohann. "Pour un statut fondateur de la victime psychologique en droit de la responsabilité civile". Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G001.
The psychological impact of the events, which are the source of responsibility, be they acts of terrorism, loss of a loved one, psychological harassment, is specific to characteristics both protean and invisible. The first among them is due to the fact that in psychological matter injuries and the resulting suffering are both varied. As such, from the injury point of view, certain events will prove to be more traumatizing than others. Principally those during which the subject has been faced with his own death. Concerning suffering, a subject can as well emotionally suffer a change in his own integrity – for example the physical one with a diagnosis of a serious illness – that of a sort damage which affects that of a loved one (e.g. death or handicap). Then, the impact is considered invisible. It appears much more simple indeed, to identify harm to physical integrity as a harm to psychic integrity. More so, certain psychological harms are totally imperceptible by reason of their eminently diffuse characteristic. The object of this demonstration is therefore to know how civil liability law will comprehend the victim of such a psychological impact. Its comprehension will be particular given the inevitable interaction between the judicial and psychological spheres.In order to better understand this, we will first propose a conceptualization of the psychological victim that blends into psychopathological reality. Two major distinctions feed this thought. One is legal nature, which relates to the distinction between prejudice and harm. The other is psychopathological in nature which opposes emotional shock and psychic trauma. Their intertwining allows us to elaborate different cases of manifestation of psychological suffering and define the contours of the qualities of the victim. Secondly, regarding compensation for a psychological victim, both the appreciation and the evaluation of these prejudices will be examined. The repercussions of psychic trauma, or even emotional shock can sometimes be so grave that compensation cannot restrict itself only to the experienced suffering. Consequences of different natures, for example patrimonial ones, must be taken into consideration. To this end, a division of the prejudices of the psychological victim should be put in place. Distinct rules of compensation will be established based on the prejudice endured. A prejudice presumed, originating notably from a harm, cannot logically be compensated in the same fashion as non-presumable prejudices that require a forensic assessment. In short, the system of compensation must be in phase with the system of disclosure of suffering that has been previously established. As a result, this study proposes to construct a true founding status of a psychological victim. Once this principal notion has been completely conceptualized, we can use it to create a rational compensation scheme
Settembre, Sabrina. "L'inégalité de la réparation des victimes en droit commun et en accidents du travail". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0524.
Thesis have to admit there are inequalities in own system of compensation for injury. Industrial accident's victims we are not considered likes accidents road victims and others. A worker injured will can request flate-rate compensation. This accident compensation will be established on the basis of income and professionally incidence. Personal damages are excluded except case of inforgivable fault employer's. State employee haven't same traitment than worker and he has got a best protection. At last, it is right to say road accident victim's, mugging victim's could ask indemnity on bodily injuri. They could request personal and economic damages. In view of inequality, we make changes to system in order to cancel these gap in compensation. This willingness to abolish inequality it's current political and human rights practices. From now on, it's imbelievable to think to deprive workers of personal damages while this accident are effects on the private life employee. That is why, hand work recommend solutions to restore equality between citizen
Kodmani, Ahmad. "La responsabilité de l’Etat sans faute du fait des engagements internationaux : Devant le juge administratif français". Thesis, Angers, 2015. http://www.theses.fr/2015ANGE0044/document.
The question of the state’s responsibility towards international engagements is subject to jurisprudential evolutions. In 2011, the Counsel of the State dedicated the responsibility without fault due to the international customs. These dedications provoked a debate about the founded assimilation between the responsibility of the acts of laws and the responsibility due to the international conventions. Concerning this, one must turn to the past: the system of responsibility based on the occurrences of international conventions inaugurated with the stop of the company of radio electric energy. In 1966, the Counsel of the State overtook the problem of the theory of government act and constituted a system of responsibility based on the principle of equality before the public charges. The rule of reparation is not destined to repair the damages directly resulting from the convention, but those caused by its application. It only concerns the abnormal and particular damages. This state of responsibility was accepted under the close terms of the system of responsibility on the acts of laws.Today and with the jurisprudential evolution, a disassociation operates between the responsibility of actions on international engagements and the responsibility of the acts of law. It seems possible to sanction independence from the system of responsibility of actions of international engagements and that of law
Martinelle, Mathieu. "L’action civile de l’associé en droit pénal des sociétés". Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0236.
White-collar victims are usually left on the sidelines, both by the public opinion and the law. While economic and financial offences, without mentioning those related to stock market, are conscience-shocking, the victims of those offences are not of much concern. Yet, one of them is worth paying attention to, i.e. the partner. Being a partner, which is the case for one-in-three French people, may involve a side-effect, that is being victim of his or her own commitment. As a major actor of both business and social life, the partner may be harmed by a business crime. When victim, the partner may bring the civil proceedings, which are actions for compensation belonging to those directly harmed by the criminal offence. Nonetheless, this action is restricted to the partner bearer of the protected legal interest. As for the right of action, the validity of damage claims is limited by conditions interpreted in the light of peculiar theories. The partner, victim of business crimes, is thus lost in a heavy mist, from which he or she must be shown the way out by proposing legal changes addressing the real situation of the up-to-now forgotten victim
Morin, Sophie. "Le dommage moral et le préjudice extrapatrimonial". Thèse, 2008. http://hdl.handle.net/1866/8844.
Our research initially aimed at analysing the substance of dommage moral: discover feelings within the heads of dommage moral. At first, the reader, when looking at the published judgments made by the Quebec jurisdictions between January 1, 1950 and December 31, 2004 and which grant damages to compensate tortious préjudice extrapatrimonial, is under an impression of confusion and disorder, on a terminological as well as on a conceptual level. Dommage moral, préjudice extrapatrimonial, dommage non pécuniaire, préjudice moral: such terms make a synthesis of the heads of damage impossible. Finally, this thesis is dedicated to the analysis of the reasons for such confusion, to the forms it takes, to the means used by jurists in order to contain it, if not to surmount it. Despite such confusion and disorder, it may first be generally observed that the judicial and legal discourses on préjudice extrapatrimonial are homogeneous and stable. Dommage moral and préjudice extrapatrimonial (both being treated as similar) are said to be hard to compensate. In order to contain the arbitrary and subjectivity which characterise préjudice extrapatrimonial, a dominant rational and reasonable discourse has been built and a comprehensive estimate of the damage is carried out by judges. As a result, the amounts of the damages allotted as compensation are stable. But why are so many words used to describe the same reality? Dommage and préjudice are currently used in Quebec law as if they were indistinct on a terminological and conceptual point of view; the result is an over-simplification of civil liability. We propose that dommage (whether bodily, material or moral) and préjudice be distinct. Dommage qualifies at the siège de l'atteinte (bodies, goods, feelings and values) and préjudice qualifies with regards to the nature of the effects (whether patrimonial or extrapatrimonal) of the dommage. Being thus distinguished, dommage and préjudice gain sense while distinguishing the two steps composing civil liability: determination of liability based on fault, dommage and causal link between them (1st step), and compensation of the préjudice that accompanies the dommage (2nd step). By making such a distinction, the over-simplification of civil liability is passed and it must be noted that very few words are said in court judgements on the substance of dommage moral and even on dommage moral itself. The dominant discourse essentially bears on the difficult determination of the quota of damages to compensate préjudice extrapatrimonial. If dommage moral and préjudice extrapatrimonial were not confused and employed by jurists with apparent coherence, a synthesis of the heads of préjudice extrapatrimonial, as contemplated at the beginning, would perhaps be possible.