Thèses sur le sujet « Compétence (droit) – Afrique francophone »
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Yayi, Lipem Joseph Emmanuel. « Essai sur la recherche d'un régime juridique du commerce électronique dans les pays francophones d'Afrique subsaharienne ». Nantes, 2015. http://www.theses.fr/2015NANT4006.
Texte intégralElectronic commerce refers to all economical transactions through electronic networks by any person, even if those to whom they are intended receive no financial consideration. Electronic commerce is beyond the law. This does not mean that online exchanges are devoid of any particularity. Electronic commerce does not create a new right. It leads to the emergence of new concepts, new practices, new relationships that appear in a cyberspace environment devoid of any corporeality. The e-commerce system is split depending on whether access to exercise. Access to e-commerce is subject to traditional law. The situation is different when reflection is toward the realization of trade. The difficulties posed by the conclusion and implementation of e-commerce contract require new solutions. The offer and the acceptance of electronic undergo mutations that distinguish them from conventional conditions of contract. Technical intermediation whose exercise engages a distinct lean responsibility of the responsibility of other internet service providers. Dematerialization and internationality internet disrupt the geographic location of operations and the objective connecting litigation. These obstacles the normative and jurisdictional connection directed faces invigorate the prestige of autonomy in determining the law and the competent judge for e-Commerce disputes
Mambo, Paterne Yapi. « Droit et ville en Afrique noire francophone : étude de la décentralisation des compétences d'urbanisme dans la République ivoirienne ». Nantes, 2008. http://www.theses.fr/2008NANT4015.
Texte intégralIn a world where local governments play today a preponderant role, the town-planning comes as a marked domain of the seal of their interventions. The Ivory Coast State is not remained in the margin of this reality, it has officially decentralized the abilities concerning this matter. But the most important problems appear today at the level of the accomplishment and the effectiveness of these transferred abilities. Dysfunctions exist in this regard and parasitize continually the initiatives undertaken by local governments on the town-planning scene. Thenceforth, reforms must be undertaken by public powers, for clarifying or specifying more abilities assigned notably to townships, for adapting rules to the sociological context of the Ivory Coast, for associating different social actors to the work of local urban planning. The cities development wished in our country depends broadly on this juridical, institutional and sociological reform
Djedje, Zako Jean-Marie. « La dualité juridictionnelle en Afrique subsaharienne francophone : analyse d'un modèle importé à partir des exemples burkinabè, gabonais, ivoirien et sénégalais ». Electronic Thesis or Diss., Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD004.pdf.
Texte intégralBetween the rejections, the partial implementation and aborted implementation, the reforms regulating the juridic duality illustrate the feeling that they do not function well but as purely symbolic or, somehow, as they indicate a process not grasped well. Accordingly, the transition from monism to juridic duality does not lead to a serious development of the administrative issue qualitatively and quantitatively in the francophone African countries. Presumably, if the process of duality can be accommodated, it would not lead to its systematic condemnation. The increasing uniqueness of the collectivities' territorial issues, the urbanism, the environmental issues as well as the attraction of African wealth leading to a kind of “scramble” of investors and powerful stranger forces do not ask for the only specialization of the administrative jurisdiction. Its independence and autonomy are now necessary in order to fully meet the new and renewed challenges. Nevertheless, we must distinguish the incompatible properties in the French imported model from the efficient coaching of the administrative action in francophone Africa and the incongruences of the reforms regulating this model. Briefly, the scope, the context and the accommodating environment of the juridic duality should be re-examined, reassessed in order to create an administrative law both faithful to the principles useful to its efficiency and reflecting the sociological features of new area
Salaou, Mano. « La protection des droits économiques et sociaux en Afrique : de la consécration juridique aux problèmes de mise en oeuvre dans les états francophones ». Clermont-Ferrand 1, 1996. http://www.theses.fr/1996CLF10169.
Texte intégralThe constitutions born of the recent claims for democrats in French-speaking Africa recognize, those generousth than the ancient fondamental laus economic and social rights - in the current context of economic crisis and liberalization, it is to ask oneself about the practical value of a such acknowledgement. The economic a socials rights are a heterogeneous set that the content must be delimited. Based on the distinction between "rights to do" and "rights to", we can recuse this content through the common reference of the states to international law. After that, we can determine the rights in the whole statute law and estimate their juridical value. It is positive, particularly in constitutional level, although in inegual degree, according to states. However it remains imperfect because of the inefficiency of the procedures and the very substance of the "rights to", imparticular so the implementation of these rights crises many problems: theorically and technically, we can build easity the juridical settlement by drawing the fundamental principles; but realy, they are very unworkable, concerning "rights to", yet once more. To face up to obstacles to the actuality of the rights, it's advisable to mention the suitable conditions to promote the protection promised by the constitutions
KANDA, MATHIAS-AIME. « Le droit budgetaire en afrique noire francophone ». Paris 2, 1991. http://www.theses.fr/1991PA020081.
Texte intégralCisse, Mahamane. « Le droit du tabac en Afrique francophone ». Montpellier 1, 2005. http://www.theses.fr/2005MON10064.
Texte intégralNkou, Mvondo Prosper. « Le dualisme juridique en Afrique noire francophone : du droit privé formel au droit privé informel ». Université Robert Schuman (Strasbourg) (1971-2008), 1995. http://www.theses.fr/1995STR30011.
Texte intégralThis thesis deals with pluralistic theory of law. It aims at studying juridical realites in french-speaking Black Africa, in the field of private relations. In the african countries conerned with this analysis, there are nowardays two relatively adequate juridical systems and to which civilians can appeal. On the one hand we have a State law, and the other hand popular law. The State law in these countries is essentielly influenced by the french law. It is based on philosophical principes that were in use in europe and particulary in France at a given time in the past. Thourgh unadjusted to african realites, this juridical system is neverthless used by pro-westernization lawmakers. But it is violated or not refered to in lower classes and particulary in villages in which informal law know as popular law is in use. Popular law, which is not to be confused with african traditional law, is a contemporary experimentation of social regulations which are both inspired by modern State law and african traditional law. It is then a new system emerging outside from official law
Amoussou, Vigny Landry. « L'ordre public sanitaire en Afrique francophone ». Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0662/document.
Texte intégralLegally, there are several concordant indications clearly highlighting the importance of public health to public order in Francophone Africa. On the basis of this finding, the concept of public sanitary order is based on sound arguments based on its existence and positioning as a dismemberment of the general or traditional definition of public order. On the other hand, the almost fusional link between public sanitary order and the fundamental right to security undermines the relevance of its action in most African states. At issue is the embryonic stage of social security in French-speaking Africa, which contrasts with police measures aimed at the protection of public health, so that protective measures (public health police) and lack of protection (The very low coverage of social security) overlap and contradict each other. Obviously, the combination of these two factors: the inoperability of the right to health and the inefficiency of public services are likely to further weaken the public health order in Francophone African states. Ultimately, in addition to its legal and regulatory justification, public sanitary order in Africa is severely lacking in human, financial, material and institutional means to make it a genuine tool for preserving public health, a component of public order
Lissouck, Félix Francois Doumbé-Billé Stéphane. « Pluralisme politique et droit en Afrique noire francophone essai sur les dimensions institutionnelles et administratives de la démocratisation en Afrique noire francophone / ». Lyon : Université Lyon 3, 2005. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2000/lissouck_ff.
Texte intégralGalletti, Florence. « Les transformations de l'Etat et du droit public en Afrique francophone ». Perpignan, 2003. http://www.theses.fr/2003PERP0469.
Texte intégralCan one link the transformations in west African "public law" (government and administration's law) to those which have taken place in "French (public) law" since 1900? African public law has its own autonomous existence, with its juridical and political peculiarities (the African state, the civil society, the sources of law) which set it apart from French public law. If the French model was the principal-though not unique-source of inspiration when African public law was first established, transformations are now taking place in which the French model is no longer the dominant one, and the internationalisation of law as well as the development of Anglo-Saxon rights exert an increasing influence. The transformations in the law (constitutional law, administrative organisation, administrative law, development law, economic law, private sector) are also those of the African state seen as an institution which is forced to reform its organisation and its juridical interventionism
Niang, Mamadou. « Contribution à l'étude du droit de suffrage dans quelques États africains francophones : Burkina Faso, Congo, Côte d'Ivoire, Sénégal ». Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D301.
Texte intégralThe citizen-electors from burkina faso, congo, ivory coast, senegal have taken part for several years or decades in ballots, they have approved decisions by referendum. It is a progress carried out thanks to the recongnition, development and the implement of a vote right. The evolution has started under the colonization that means the setting up of representatives elected which permits the attainment of natives to politics, no unreservedly. The movement is continuing in independant states : recognition of citizen's sovereignty. In fact, pover is monopolized by a man and his party. In the seventies eighties, the come back of pluralism is fixed as an objective, there is a political development. An electoral system as well as a ritual have been setting up. They are the expression of specific african practices. A large and regular electoral mobilization is seeked. It is not the case, the member of voters is low. The electors vote is adjusted, directed by numerous changes. Is the right to vote the way for african citizen to express their will, to have an influence in the city? Considering hastened data, socio political realities, we cannot well imagine that
Boko, Akila-Esso François. « La problématique prétorienne dans la construction de l'Etat de droit en Afrique noire francophone ». Paris 1, 1997. http://www.theses.fr/1997PA01A004.
Texte intégralAgbodjan, Têtêvi Dodzi Francis-Didier. « Le droit à la protection sociale en Afrique subsaharienne francophone : quelles solidarités ? » Grenoble 2, 2002. http://www.theses.fr/2002GRE21031.
Texte intégralLissouck, Félix Francois. « Pluralisme politique et droit en Afrique noire francophone : essai sur les dimensions institutionnelles et administratives de la démocratisation en Afrique noire francophone ». Lyon 3, 2000. https://scd-resnum.univ-lyon3.fr/out/theses/2000_out_lissouck_f.pdf.
Texte intégralPangou-Taty, Alphonse. « La transposition de la justice administrative française dans les pays d'Afrique noire francophone ». Paris 12, 2004. http://www.theses.fr/2004PA122005.
Texte intégralThe present work concerns the adaptation of French administrative justice in a some countries of Sub-Saharan Africa. The problem I deal with is about the control over the submission of the civil service to law by abuse of power recourse. If the principle of legality is the translation of constitutional state requirements, the liability principle is another way to claim tower state that is not above the laws. As the role of the civil service has increased in a considerable way, it is now abslutely necessary to protect citizens against consequences of this phenomen which is not new. The first role played by the administrative judge is to guarantee the "miracle" of the civil service submission to the law because he judges administrative acts
Balouki-Songue, Mawaba Akouyo. « La contribution des autorités de régulation des médias dans l'édification de la démocratie en Afrique noire francophone ». Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32010.
Texte intégralFrom the end of the 1980’s, the democratic progress recorded in many African countries has permitted the bursting of a major legislative change with the setting up of media management and regulation structures. From Togo to Cameroon as passing by Tanzania, Nigeria or Rwanda, bodies have been created by public authorities to promote political pluralism and ensure respect for freedom of opinion and expression. However, the real power of such institutions varies depending on the means put at their disposal by the régimes in place which, as elsewhere in the world, tend to fear the emergence of opposition forces. The right of the communications, at the intersection of public and private rights, experiences especially important changes especially since these are accompanied with the emergence of the Internet revolution which modifies the traditional perceptions of information and communication in all the countries studied in this thesis
Ambomo, Marcel. « Commerce, environnement et développement en Afrique francophone : réalités et perspectives ». Nantes, 2009. http://www.theses.fr/2009NANT4007.
Texte intégralBase development only on economic growth, was a trend in Africa. Henceforth, this approach is questioned, since the consecration of sustainable development at Rio Summit. Consequently, development issue of African countries is studied, by redefining actual balance between trade, environment and development. Indeed, we can take up a bet on trade as development tool in Africa. However, his success depends on withdraw of trade barriers and the protection of environment. We seize here, the opportunity to re-examine the sustainable concept, which appears, for good, as a civilization vision. At what scale? Universality seems on this context attractive. But it's risky, because it could ignore local situation. In this field, we can think globally, but act locally. This concept allows sui generis sustainable development models, with the purpose to avoid a unique environmental view
N'Ganguia, Guy. « L' état et la communication audiovisuelle en Afrique noire francophone ». Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32009.
Texte intégralEstablishment relations with audio-visual communication field in black Africa French speaking has been often in ups and downs situation ; hue to the influence of public power on a social activity that participate to the nature of human knowledge, therefore of his liberty. So, development of audio-visual in African current situation can't be done without the etablishment participation in organisation and in management of some crucial activities. What are the rights and duties of public power ? What limits they can achieve to maintain communication liberty which become very important for Africa progress ? Throughout of society needs and aspirations of requirement of earch economy and of trump which dispose African countries, that is possible to appreciate and organise an audio-visual communication adapted to reality. .
Agbo, Ayawa Aménuvévé. « Droit international et règlement des crises constitutionnelles en Afrique noire francophone ». Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30040.
Texte intégralConstitutional law in French speaking African sub-Saharan countries is progressing under pressure from different elements. In fact, more than twenty years of practice of a new constitutionalism in these states, reveals many lacunas and failures that raised up on the continent, in almost every states, numerous constitutional crisis. Being the factor of these crisis, the constitutions have disqualified themselves to provide solution for the crisis. The intervention of the international community to settle these constitutional crisis, through international law is thus justified. The international settlement of constitutionnal crisis is a political mechanism by which the international community come to backup the constitutional practice in a state, in order to help solving the crisis. This intervention of international law in the area of competence reserved for the states, is based on the principle of the agreement of the legitimate public authorities of the state and it borrows some different forms, especially the constitutional assistance and the democratic assistance. As result, the international settlement of constitutional crisis led to an internationalization of the constitutions of the assisted states. The process of internationalization pass by the definition of the political regime of the states, particularly, the promotion of constitutional states and also by the proclamation and protection of individual rights. But the main question remain to determine the efficiency of the intervention of international law in the settlement of constitutional crisis. The practice of constitutional law in French speaking African sub-Saharan countries can take advantage on the international settlement of constitutionnal crisis, to be improved and become a source of national cohesion
Ndiaye, El Hadji Samba. « L'harmonisation du droit international privé en Afrique francophone du Sud du Sahara ». Rouen, 2014. http://www.theses.fr/2014ROUED008.
Texte intégralNkounkou, Florent. « Législations et politiques portuaires en Afrique francophone : Cas de la Côte d'Ivoire, du Congo, du Cameroun et du Sénégal ». Brest, 2003. http://www.theses.fr/2003BRES5001.
Texte intégralThe study of port politics and legislations in African French speaking countries makes notice two big movements of politic and legal life : The first shows the process of al the States of the continent, as far back as their independence, got progressively endowed of a legal and politic arsenal ; The second puts out the practice of the port politics and the legislation in the African french speaking countries. In the first part of this study, we tried to evoke on one art the legal colonial inheritance, and on the other part the influence of the international conventions integration and the communal relations in the african port system. The second part that falls on the practice of the port politics and legislations centres on two major ideas : The first consisted to define and specify the different fields of the port politics and legislation practice ; The second identified on one part, the difficulties to apply those texts an on the other, the problematic of those legislations reform. At the end of the study, we clearly evoked the Africans realities
Kipoutou, François. « Les rapports du droit interne et droit international dans les constitutions et la pratique des Etats africains francophones (étude de droit constiutionnel comparé et de droit international ) ». Paris 2, 1992. http://www.theses.fr/1992PA020105.
Texte intégralThe relations between the internal law and the international law in the constitutions of african french speaking states along with their practice in this field includes two main aspects, independant, but mostly complementary. It concerns the drafting of international law in internal law and the hierarchy between these two branches of law's rules in the internal judicial order. Concerning the drafting of international law, if theoretically it appears that there is the worry of reconciling the executive body's role and the one played by the legislative body in practice, it seems that against the constitutions, the reality takes a revange which goes to the benefit of the governments making, so a space for an unequal distribution of international competences between the different state's bodies. As for the hierarchy between internal law and international law, the primary importance of international law limited to the treaties, prescribed by most of the constitutions is in spite of some applications of this principle in practice, the result of the reproduction of article 55 of the french constitution written in 1958
Tsinkou, Tambo Stéphanie. « La déontologie des professions professions médicales en Afrique Noire Francophone : analyse de l'émergence d'une déontologie médicale de fait ». Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32061.
Texte intégralOn the basis of the report that the application of the principles controlling the medical activity in French-speaking Black Africa raises important concerns, it seemed to us interesting to reflect to find answers adequate which will make it possible the ethical rules into force to be revealing of a context marked by aspect sociocultural which one cannot despize. In this step, it is by going up the history that we tried to understand how these African medical codes of ethics, primarily copied from the French model and how manage do were worked out to survive in an environment where the rise of a parallel medical deontology does not seem to meet any obstacle? Consequently, the question of the adaptation of these CDM to local specificities arose with acuity. However interrogations remain: Sometimes will the adaptation in response to the inadequacy of the various codes bring all the answers to the complexity of the situations in connection with the evolution of the contemporary societies? Isn't it likely to work for a programmed marginalisation of the medical deontology in Africa? From another point of view and parallel to the design and with the implementation of the awaited reforms, the prospect for an applicable universal medical deontology some are the place and adaptable to its environment, succeed in won't finding a compromise socially and medically acceptable where the respect of the Man will be placed above the possible conflicts interests? This enriching purpose (if it is well understood), will devote independently of its weaknesses the era of the universal ethical coeducation to which Africa must prepare without waiting more
Etoughe, Mba Dominique. « Constitutionnalisme et ethnie en Afrique noire francophone : enjeux et perspectives : contribution à la théorie de l'Etat postcolonial ». Paris 1, 2002. http://www.theses.fr/2002PA010296.
Texte intégralWasso, Misona Joseph. « Constitution de l'état de droit et développement : essai sur le fondement de la justice constitutionnelle dans les pays en voie de développement d'Afrique noire francophone ». Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32036.
Texte intégralNevertheless recognized as a human right, the right to development is, mostly, considered as a political/economical project more than a legal obligation ; it is true, above all, in the case of an under-developed State. This conception needs to be balanced today with a constitutional and international approach of the legal order. For a democratic State, constitutional justice plays indeed a fundamental role to regulate constitutional rights. In that perspective, with the constitutional consecration of the human being and the consecutive expansion of the constitutional rights and constitutional justice, the development seems to derive from basic requirements of a democratic State. The legal supervision of the political powers, as a principle of organization, and the separation of powers, as a functioning rule, characterize the Rule of Law. Its development is conditioned by the integration of its other dimension, rather subjective, the development of the citizen and therefore, the State
Fouda, Guillaume Joseph. « L'application des normes internationales dans les ordres juridiques étatiques africains : appproche théorique et prospective pour une meilleure application des normes internationales dans les États d'afrique noire francophone ». Bordeaux 4, 1999. http://www.theses.fr/1999BOR40035.
Texte intégralBrémond, Sarr Geneviève. « La sécurisation juridique de l'investissement dans l'Ohada : le droit des sûretés à l'épreuve du recouvrement des créances ». Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32010.
Texte intégralThe slowdown in investments in Africa has made it necessary to build a modern legal body that is better adapted to meet the demands of investment. Four decades after their independence, a number of countries (mainly members of the franc zone) signed on September 17, 1993, the treaty on the organization of business law in Africa, aiming at guaranteeing legal and judicial security in the OHADA (Organisation for the harmonisation of business law in Africa) zone. Secondary legislation stemming from this treaty gave rise to different uniform acts such as the uniform act on organizing seucrities and the uniform act on organizing summary debt collection procedures and measures of execution. The author studies the extent to which economic operators, mainly through the two above-mentioned acts, benefit from a better guarantee on the recovery of their investments against the risks of outstanding payments. The first part of this thesis presents efforts made by lawmakers to elaborate credit restriction tools, mainly through the setting up of the trade and personal property credit register, which aims at registering movable securities, and also by either elaborating a set of guarantees based on traditional refernces, particularly on French law, or by establishing new guarantees such as the letter of guarantee used in international transactions. The second part is devoted to the analysis of the measures of execution. In this field, the law makes a distinction between preventive measures and the measures of execution concerning moveable and immoveable property resulting in the distribution of funds. By re-establishing the writ of execution, the law provides creditors with the means to insure a more efficient recovery of their claims. It is possible to assess case-law tendencies through the analysis of the first decisions rendered on the basis of uniform acts
Toni, Mesnil. « L'autorisation budgétaire dans le droit financier ouest-africain francophone ». Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30061.
Texte intégralThe approval by the parliament of the budget submitted by the government is a key moment in the financial life of a state. Given its importance, it may be useful to assess the true scope of the function performed by the parliament on this occasion. In the states of French-speaking West Africa, this assessment leads to the conclusion of a limited parliamentary competence. It is limited both by the management of its exercise and by the government’s flexibility to deviate from this authorization during its implementation. Beyond its limited nature, it is possible to notice that parliamentary competence is also undergoing changes. The changes tend to modify its nature deeply and, consequently, to modify the role of the parliament in the budgetary process significantly. On the one hand, this role moves from the decision to deliberation during the vote of the finance bill. On the other hand, it results in a more rigorous monitoring of budget execution
M'Baye, Mamadou Demba. « Le juge administratif et la Constitution : de l'attractivité du droit public français dans l'espace africain francophone ». Bordeaux 4, 2010. http://www.theses.fr/2010BOR40059.
Texte intégralWhat is more natural in the mind of the French-speaking jurist, than the idea of the inheritance of the French public law in the globalization of the law in the context of the administrative judge and the Constitution, this inheritance of the French legal framework by the French-speaking African space does not cancel important potentialities. The objective of the present study is to show how the constitutional world built by the French administrative judge is convenient to the African judge to perform his constitutional requirements. The analysis in this study will attempt to demonstrate the possibility that the French administrative judge by virtue of his intuitional situation allows the African administrative judge be trough constitutional judge who can control public authorities’ trough constitutionally. Seen under this angle, the attractiveness of the French public law with the idea of defense of the constitutional standards, and the misunderstandings, which at the present are exempt from jurisdictional penalty, participates in the perfection of the rule of law in Africa. Because the promotion of the rule of law is not only as imagined by him probably the African constituents of 1990, created constitutional jurisdictions
Tchodie, M'Babiniou K. « Essai sur l'évolution du présidentialisme en Afrique noire francophone : L'exemple togolais ». Caen, 1993. http://www.theses.fr/1993CAEN0028.
Texte intégralPratice since the end of 19th century in latin american countries, presidentialism will be recognized as a political system for the sense of law, when constitutional doctrine was trying to clean over for the system institute by french constitution of 1958. It's for that system which concentrate powers on the head of state, that french speaking black african states will opt after their independence since 1960. Really since now, presidentialism in these countries can be divide in two phases : firstly we have an excessive presidentialization of power, caracterized by one party system; secondly presidentialism system is being rationalized, by state organ's readjustment, conforming to democratic ideal, now a days. But the question is that, if, actual transplant of presidentialism parliamentary system as the french political system will be succed in an african contest that is more different
Toe, Souleymane. « Approche critique de l'application judiciaire du droit des procédures collectives dans l'espace OHADA ». Perpignan, 2010. http://www.theses.fr/2010PERP0993.
Texte intégralIn the collective proceedings application, justice plays a role of first choice. The judicial organs are composed not only of law court and its president but also by supervisory judge and the public department. Justice intervenes to open and nominate the different organs including those of the daily administration; in addition, justice secures the high administration. It (justice) supervises and speeds up the sequence of the procedure. It makes or allows important decisions. In practical way, the judicial treatment of law of the collective proceedings in the OHADA space shows, on the one hand, a kind of superficial opinion of the opening conditions of the collective procedure and, on the other hand, a disinterest of judicial organs during the sequence and the outcome of the collective procedure, all thing that runs negatively into the reaching of payment objectives of creditors and the saving of the company. It is that failure of the judicial application of law of the collective proceedings in the OHADA space that the study has tried to demonstrate trying to find some trails to improve the situation, essential for the health of the economies of the countries member of the OHADA Law Treaty
Kebe, Aboubacry. « Les transformations du droit des services publics en Afrique francophone : l'exemple du Sénégal ». Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH002.
Texte intégralIn essence, by codifying administrative law, the Senegalese legislator adopted an essentially organic definition of the concept of public service, which consists in entrusting the management of the public service exclusively to legal persons governed by public law. This mainly organic criterion has been widely denounced by legal writers, who note the absence of a rigorous definition of the concept of public service, which does not associate private individuals with public management and which does not take account of its developments in France.This Senegalese concept of public service has been called into question by endogenous and exogenous circumstances. Initially, the organic criterion of public service was affected by the crisis of the interventionist state, which resulted in "less state, better state". Then, the organic criterion of the concept of public service has suffered the effects of community law of the WAEMU and OHADA since they put forward a functional or material criterion to govern the activity of public bodies involved in the economy. In addition, the UEMOA recommends performance obligations to Senegalese public services, which impact on the traditional conception of public service. These changes have also justified public service reforms and the renewal of public management favored by the emergence of African Union instruments, through the African charter of public service. It is therefore a question of confronting the organic conception of the public service with the test of the changes undergone by the administrative law and the public services
Edimo, Nana Ferdinand Laffitte. « Droit du travail et données socio-économiques en Afrique noire francophone : l'exemple du Cameroun ». Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D014.
Texte intégralLargely inspired by the law inherit from the labour code of the overseas territories of 15th december 1952 and reformed by the liking of the orientation and political will, the cameroonian labour law as the one of many black french african countries, is find at this confluence century end of its past, present and future. It's caracterise in fact by its inadaptation to the real data of the social environment that it's supposed to rule. Yes, indeed, the labour law as elabo rated is registed in a global strategy of transformation of the society. The juridicial experience of more than fourty years shows sometimes and through the ineffectivity of the normative corpus particularly big, that it is convenient that the judicial politics does not neglect the aspirations of the nation with the respect of their identity. We can notice a deep crisis which can be explained by a systematic gap which is faced in the day to day life between facts ans norms i n between legal rule and what can be legitimate by the conscionsness. It is convenient sometimes to under-line that the propositions linking to the reform of the labour law does not ever have to lead to the only adaptation of law to the mor als. If law had to be adapted to morals and respect of the "real data" of the environment that it is supposed to rule, i t have also to permet to a nation or a state to survive. If it does not make it, then the risk is considerable for the c risis of the existant law to succeed to the collapse of the society. Linking to the reform of the labour law does not ever have to lead to the only adaptation of law to the morals. If law had to be adapted to morals and respect of the "real data" of the environment that it is supposed to rule, it have also to permet to a nation or a state to survive. It is does not make it, then the risk is considerable for the crisis of the existant law to succeed to the collapse of the society
Abdou, Hassan. « Le statut des partis politiques dans les États de l'Afrique de l'Ouest francophone ». Paris 1, 1997. http://www.theses.fr/1997PA010274.
Texte intégralThe political parties in the francophone states of West Africa are political declared or authorized associations which involve in a particular context. Their status is trying to make them play a determinant role in the transition of the aforesaid states towards the western democracy. This gives them rights and impose them obligations. The recognized rights are essentially composed of the right to be recognized and that of participating in the political activites. The former consists of the right to be recognized as a party and that of the recognition of multiparty system. The latter includes to be the organization's right, to take part to the elections and the right for funding. As for as obligations are concerned, they meant to protect the state and the inidividuals against the political parties. These obligations forbid any discrimination based on race, ethnic groups, region, religion, sex and language. They also try to protect the political party members against their own parties. In short, even if the afore mentioned status has weatnesses, it started an improvement and levelling the conditions of live which are irreversible in the long term
Guedegbe, Serge Anselme. « L'évolution du droit de l'environnement en Afrique occidentale francophone à l'ère du renouveau démocratique ». Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30021.
Texte intégralIn the early 1990s, several french-speaking West Africa countries (FsWAc) have experienced a wave of process to change legal framework and policy. Indeed, weary by decades of denial of their fundamental rights, the people of this part of Africa have realized their desire to overthrow the dictatorial regimes existing, paving the way for greater democratization movement that Africa has ever known. Taking advantage of this golden opportunity, environmental protection rules, apprehended as they’re in developing countries, particularly in Europe, were introduced in they current form at the highest level of legal systems, by its constitutional recognition. Since its consecration and while the debate on the consideration of environmental issues within economic mechanisms continues to rage, it is important to examine the onset and progression of rules of protection of environment within the FsWAc, on its understanding by the recipients of the standard, in brief, its effectiveness and timeliness within States, obsessed with the race to develop which they legitimately aspire. Indeed, all States on which our researches focuses, are part of the least developed countries of the world, a status that is not without complicating the task at different processes of implementation of the rules of environmental protection
Thiam, Khadim. « Le contrôle de l’exécutif dans la création de l’Etat de droit en Afrique francophone ». Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0321/document.
Texte intégralThe control of the executive in the creation of the Rule of law in Africa will have been in the center of all the doctrinal debates since the decade 1990. The omnipotence of the executive on the other powers in Africa, sapping the existence of the balance of power (executive, legislative, legal) caused all kinds of speculations. Thus by 1990 the emphasis was placed on the mechanisms of limitation of the powers of the executive. This question of the separation and the balance of power whose paternity returns to John Locke but equipped with his current resonance by Montesquieu remains today a question not yet solved in Africa in order to allow an effective realization of the Rule of law. This study has the aim of clarifying the obstacles which would have to be raised, sociological causes contributing to such consequences as well as the ways and means having to lead to the limitation of the powers of the executive, leaving the way to the natural conditions of safeguarding of individual freedoms for the implementation of the Rule of law in Africa. Force is to note that many progress were realized since 1990, in particular with the édiction of new constitutional texts and a will displayed of the ones (political powers) and others (civil society and defense associations of the human rights) to set up democratic regimes. However, since the fall of the Berlin Wall, this hope of the promising following days seems to give way to pessimism. It is thus advisable to determine the reasons of this decline while focussing on indices likely to flower the hope of the better following days. It is in this straight line that the object of our project of thesis is registered
Tall, Moctar. « Le parlement dans les Etats d'Afrique noire francophone : essai sur le Burkina Faso, la Cote d'Ivoire, le Togo, le Sénégal ». Poitiers, 1986. http://www.theses.fr/1986POIT3002.
Texte intégralAre the parliaments in the black french-speaking african states "privileged tribunes" or "chambers of manipulated representatives", as affirm many observers ? This essay, by considering Burkina Faso, the Ivory Coast, the Togo, Senegal, sets out to reply to the two aspects of this question, by tackling the reality of the african national representation. To achieve this, two precise questions must be answered : how are the unicameral institutions of these countries organised and how do they function ? By looking a their structural organisation, some laws which are applied in western chambers of parliament can be detected. Completely distorted, the latter are associated with authentically african legal norms. This legal combination, drawn from different sources, result in ; the subordination of both the organs of parlimentary work and the parlimentary representives, to the president of the national parliament (who is the influential personnality of the dominant or only political party) and by ricochet to the head of state. This subordination of the national representation has a negative influence upon its functioning. This is it possible to verify that the elected representatives, the "obliged" of the executive, take up their duties as regards legislation and governemental control, under the "mercy" of the leader of the dominant or only party. Therefore, giving away before the traditional powers, the representatives devote themselves to fulfilling the functions : intercessors, lawers, social assistant. . . In conclusion, one is forced to say that the parliaments of these states correspond much more dosely to the second than to the first descrition
Diop, El Hadji Omar. « Les partis politiques dans le processus de transition démocratique des États d'Afrique noire francophone ». Bordeaux 4, 2005. http://www.theses.fr/2005BOR40003.
Texte intégralSawadogo, Clarisse. « La prévention des difficultés des entreprises dans les États d'Afrique francophone ». Paris 1, 2006. http://www.theses.fr/2006PA010311.
Texte intégralDieng, Amadou. « Les investissements privés étrangers en Afrique de l'Ouest : étude des cas : de la Guinée, du Mali, de la Mauritanie et du Sénégal ». Nice, 1995. http://www.theses.fr/1995NICE0022.
Texte intégralI have chosen an approch based essentially on the sruvey of existing legal materials in four african states, and wich are intended to rule foreign private investments. The texts i have examinated have various origins. Some are relevant to domestic laws, whereas others come from international legal order. First, before analysing these different instruments, i presented the economic and financial environment of these four countries. Then, i described the major steps of their popitical evolution. None of these countries have received much foreing direct investment so far. Financial fows coming from abroad arise mainly from public funds. Confronted to economic difficulties, they have now started to look for new policies, including reformes based on more outward looking marked economics. In this new context it has been necessary to rethink domestic legislation in order to adapt. In this respect, it seems useful to grant judicial guarantees to foreign investors at an international level. The conventionnal netword set up by each one of the four countries has permitted to instore international rules for the treatment and the protection of foreing investments. To settle the disputes in question, reference to international arbitration appears ideal
Dembélé, Fadigui. « Etude comparée de l'imposition indirecte en France et en Afrique francophone ». Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G037.
Texte intégralIndirect tax hits the consumer goods and services. The flow of goods and services between France and francophone Africa is the engine of development of the continent. The study of indirect taxation in France and francophone Africa has therefore an interest. VAT is the major indirect tax in France and francophone Africa. In France as on the continent, this item has the same characteristics and pursues almost similar objectives. However the French VAT and Francophone Africa are facing different obstacles in pursuing their goals
Bango, Ange. « L'élaboration et la mise en oeuvre de la fiscalité dans les pays de la Communauté économique et monétaire de l'Afrique centrale (CEMAC) ». Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_bango_a.pdf.
Texte intégralIn the countries of the CEMAC, the elaboration and the implementation of the taxation seems a complex stake. Indeed, if the Parliament formally remains the principal source of the taxation, in practice, it is the executive which has about it a true capacity of impulse. The tax texts of these countries are also marked by the influence of backers. Moreover, the process of sub-area integration has as a corollary the emer-gence of a Community pole of development of the tax policies, reducing the tax competence of the na-tional parliaments. These actors of the development of the taxation act and interact according to ration-alities' which are some different times, even contradictory; what is not without consequence at the stage of the implementation of the taxation. The inefficiency of the actors who are charged with this imple-mentation (financial controls, tax jurisdictions) make that the taxes which are enacted are not inevitably those which are applied in practice. To mitigate these insufficiencies, it is advisable to meet the condi-tions of a development of the taxation taking of account the economic and sociocultural environment of these countries. With this intention, and within sight of the experiments in progress, the participative approach must be developed. In order to come to an effective and efficiant application of the taxation, the action must also relate to the modernization of the tax services and the stimulation of the jurisdic-tional institution (in supplement of the role which can play the tax mediation). The restoration of the tax governance is at this price
Al, Samara Tareck. « Conflits commerciaux et arbitrage dans les pays francophones du Proche-Orient : étude comparée ». Perpignan, 2008. http://www.theses.fr/2008PERP0912.
Texte intégralThe objective of this thesis is to analyze the procedures and contractual aspects of the operational system of commercial arbitration in francophone countries in the middle east. The necessity of reforming the Syrian civil code of procedures of 1953 requires a deeper examination of the questions of international arbitration to determine possffile reforms. The experiences of Egypt and Lebanon represent a possible reform model for Syria. As a result, facing a subject matter that is becoming increasingly complex, the examination of international sources (cnudci and New-York convention) in addition to the judicial situations of other francophone countries will help the entrance of Syria into the new context of the international law of arbitration
Koné, Oumar. « Contribution à l'étude d'un droit du travail adapté à l'Afrique subsaharienne francophone à travers l'exemple des états d'Afrique de l'Ouest ». Toulouse 1, 2010. http://www.theses.fr/2010TOU10042.
Texte intégralVirtually all countries in francophone sub-Saharan Africa are now engaged in a process of drafting a uniform act on the labor law in the context of the Organization for the Harmonization of African Business Law (OHADA). Given this historic occasion, it appeared appropriate to conduct an analysis on the positive rights of some States parties to the OHADA Treaty in order to suggest possible adjustments to be made. In this regard, the analysis revealed that positive rights of the countries surveyed suffer from a particularly great ineffectiveness due notably to resistance from some local customs and to the exclusion from their scope of the mass of workers in the informal economy. Thus arose the question of the relevance of standards vis-à-vis local realities to which they are supposed to apply. While needing to guard against falling into what might be called the myth of the adaptation of law to fact, we must admit that the issue is acute. The adaptation of African labor law could not, of course, confine itself to taking into account only the local situations. It also extends to consideration of the rules of contemporary globalization that must be humanized by universal principles and rights at work as defined by the International Labour Organization (ILO)
Kamagate, Karidiata. « Le régime juridique des médias audiovisuels en Afrique noire francophone : l'exemple de la Côte d'Ivoire ». Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32006.
Texte intégralSince the introduction of radio and television in French-speaking black Africa, in the late 1950s, both media were subjected to an absolute state monopoly. It's only from 1990 onwards, subsequent to socio- political changes that many African States introduced a kind of pluralism in the media sector. This pluralism often results from a semi or complete liberalization of media. But this situation in not universal. Thus, in Ivory Coast, the example we selected to study in-depth, if the legislator has passed this laws providing for the possibility of setting up private radio and television channels, this always occurs in a system of state monopoly which was simply adapted. Hence, in this country the media are subjected to the system of concession of public service, unlike countries, which proclaimed the freedom of communication and where the radio and television are operated under an authorization status, more protective of freedom. .
Ndiaye, Moustapha. « La construction constitutionnelle du politique en Afrique subsaharienne francophone ». Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD030.
Texte intégralThe constitutional’s construction of the current politics in francophone sub-Saharan Africa is the result of an historic will : the European colonization. After decolonization, the discourse of the civilizing mission is strictly followed because Francophone African constitutions, which follow the French’s Constitution dedicated the French model of the democratic nation-state. But the institutionalization of democratic nation-state is generally unsuccessful. The application of unitary democratic nation-state model will generally lead to inter-community conflicts, either for the control of power within the nation-state (through armed struggle or the law of the Democratic majority) or to separate from the nation state. The amendments so far made have failed to resolve the crisis of politics because they always fit under the constitutional paradigm of unitary model of the democratic nation-state (monocommunautaire nation and state unit), thus ignoring a key fact Saharan political namely pre-colonial or ethnic collective identity. Therefore, as was done in other countries (Belgium, Canada, Spain, Ethiopia …), the resolution of the political crisis in sub-Saharan countries could find a resolution in the adoption of pluralitaire a constitutional model , that is to say, the recognition of the constituent community diversity of the nation (multicommunity nation) to which correspond a pluralitaire form of political power (federal state, regional or state Democratic Federation)
Migan, Jacques. « Le traitement juridique des conditions de travail : le temps de travail dans les pays de l’Afrique noire francophone ». Paris 10, 1986. http://www.theses.fr/1986PA100178.
Texte intégralOur work deals with the juridical processing of working time in the French speaking countries of black Africa. This theme was chosen because the steps taken for its alteration have always been considered in the legal, statutory and contractual text as being a full part of the problem of working environment. Up to a recent time, labor law in some African countries was based on the 15 December 1952 legislation. But from 1960, the African lawmakers have tried to replace the 1952 code by new codes. These latters went over again the 1952 code dispositions about working time without any significant improvement. So, a narrow relation does exist between the 15 December 1952 legislation and the new codes which were inspired by the French law. Must we let the African legislations elaborate upon the basis of the French system or on the contrary, must we bring some amendments including on fundamental points? To answer that alternative, we have first of all compared the different sets of regulation about working time problem in the African countries. Our second part is devoted to the "de facto" situation. And we have concluded by the fact that the 1952 code has not been elaborated in view of the African economic and social situation but of the French one. Therefore, a deep gap between the African regulations on working time and their real application appears. The problem of working time in Africa requires a more careful thought both in their economic and social consequences
Mbousngok, Aubain-Didier. « La protection constitutionnelle des droits de l’homme dans les États d’Afrique noire francophone ». Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0146.
Texte intégralUpheavals in Europe at the end of 1980s did not save (spare) sub-Saharan Africa. If at the world level these upheavals led (drove) to the dislocation of the east block and to the questioning of the geostrategic balances, in Black Africa, they allowed the fall of the authoritarian and dictatorial diets (regimes). French-speaking Black Africa which is the object of this study did not stay outside this evolution. It is at the constitutional level, more exactly, in the field of the protection of the human rights that we notice the most significant change. This one is marked by the adoption of new constitutions with liberal trend (tendency), the creation of the autonomous and specialized constitutional jurisdictions, the gratitude (recognition) of the ethnocultural communities which establish (constitute) the human substratum of the State.This thesis which carries (wears) “the constitutional protection of human rights in the States of French-speaking Black Africa” since 1990 exactly wants to show that the guarantee of the rights and the liberties in this geographical zone aims at the respect for the human dignity, that this guarantee is partially (is partially a matter) of the substantive law through in particular the Constitution, the law and the legal instruments to which the African States subscribe, what seems to confer on the African system of protection of human rights a universal dimensions.But it is also a question of convincing in this study that the legal rule is not the only element which participates in the protection of human rights in the States of French-speaking Black Africa : customs (US), customs, practice, uses (practices) and current traditions in the society participate so, in some respects, in the protection of human rights. For that reason, the universality of the human rights which appears in the new African constitutionalism must be put in perspective because of the prégnance of the traditional right (law), and, especially, the influence of the anthropological factors (culture, religion, tradition…) in the society.The African constituent seems more and more to take into account this influence. Since 1990, he integrates (joins) the traditional rules into the Constitution, what confers on the African constitutional law all its originality and a dualistic character. This dualism is particularly translated by the conciliation between the modern right (law) and the traditional right (law)
Nononsi, Aristide. « Tendances et caractéristiques du droit du travail maritime en Afrique noire francophone : l'exemple du Cameroun, de la Côte d'Ivoire et du Sénégal ». Bordeaux 4, 2003. http://www.theses.fr/2003BOR40009.
Texte intégralBadziokela, Merlin. « Le droit du travail dans les états d'Afrique centrale : particularités et ressemblances ». Nice, 2005. http://www.theses.fr/2005NICE0035.
Texte intégralEmployment law in African french speaking countries is very similar and possess the same particularities can be noticed throughout their evolution. Modern Employment law began with the law of 15 december 1952 which instituted a code of employment for french colonies. During the 60s, Equatorial african french colonies became independent states. As a consequence, political leaders and legislators changed. Each state instituted its own national code of employment which incorporated its own economic, political and social realities. During the 90s, economic, political and social evolution forced the governments to adopt democratic institutions and to convert to economic liberalism. They set up legislative and structural reform. Following the example of other african countries, Cameroon, the Central african Republic, Congo Brazzaville, Gabon and Chad, they began the revision of their own code of employment respectively. They created the central african economic and Monetary Commitee (CEMAC) in charge of following the economic reform. Since early 2000, african countries are, in general, more and more concerned with the globalization phenomena. Their marginalisation in the global economy remains worrying. To restrict this marginalisation, african countries have pushed forward with the solution of legal and economic integration at regional level. It is in this context of regional integration that the harmonisation of employment law has been founded. This has taken place within the framework of a treaty of the Organisation for the Harmonisation of Buiness Law in Africa (OHADA)