Tesi sul tema "Conflit interne de lois"
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Papeil, Anne-Sophie. "Les conflits de lois de police". Rouen, 2014. http://www.theses.fr/2014ROUED003.
Testo completoThe rules of conflicts determine which law to apply when diversity exists between the applicable law of that court's state [the forum state] and the applicable law of another jurisdiction interrested in the controversy. In some cases, the law designated bu the conflicts of law provision will be excluded by the application of an overriding mandatory rule. This special category of mandatory rules may not be redogated from, even if another law of another country is chosen. In some exceptional cases, two or more overriding mandatory rules might create what we call a conflict of mandatory rule. The purpose of my research intends to prove that conflicts between two overriding mandatory rules are possible, especially in the field of arbitration and european law, and to provide possible solutions to this particular kind of conflict. Conflicts of laws are traditionnally solved through a special method that is nowadays influenced by European law, at least for the intra-European cases. Moreover, many of the contentious areas in the theory and practice of arbitration relate to the inevitable tensions between party autonomy and state legal controls. These kinds of tensions can raise a conflict of overriding mandatory rules. What kind of solution could we find to solve a conflict of overriding mandatory rules ? It is not possible to consider a classic rule of conflict of law ; rather a more flexible rule has to be chosen. The solution will be a combination of different theory as the proper lax, the better lax, and the balancing interest test
Fleury-Le, Gros Pierre. "Contribution à l'analyse normative des conflits de lois dans le temps en droit privé interne". Caen, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099047.
Testo completoPetit, Jacques. "Les conflits de lois dans le temps en droit public interne /". Paris : L.G.D.J, 2002. http://www.gbv.de/dms/sbb-berlin/352603992.pdf.
Testo completoPetit, Jacques. "Contribution à l'étude des conflits de lois dans le temps en droit public interne". Paris 2, 1993. http://www.theses.fr/1993PA020117.
Testo completoIn french public law, conflits of legal rules are solved on the basis of a distinction between "established situation" and "situation in course of establishing". The principle of non-retroactivity of laws, which authority has been strengthened by french constitutionnal council, means that a new statute can't be applied to a situation that was already established at the time of its enactement. Nevertheless, this principle is not absolute. On one hand, values of security and freedom that found it, may go agaisnt others aims, which law also takes into account. On the other hand, certains rules are essentialy retroactive because of their object. A new rule receives immediat effect when it is applied to a situation which was in course of establishing at the time of its enactement. Legal nature and status of the principle of immediat effect is uncertain. This principle admits exceptions that are established by jurisprudence and statute law
Fleury-Le, Gros Pierre. "Contribution à l'analyse normative des conflits de lois dans le temps en droit privé interne /". Paris : Dalloz, 2005. http://catalogue.bnf.fr/ark:/12148/cb399533044.
Testo completoMathieu, Benjamin. "Directives européennes et conflits de lois". Electronic Thesis or Diss., Paris 2, 2012. http://www.theses.fr/2012PA020095.
Testo completoEuropean Union law frequently utilizes from techniques elaborated and continuously improved by the conflict of laws science. Secondary law in general, vector of the legal integration of Member states is the source of an increasing number of private international law measures. In particular, European directives leverage the various methods of private international law designed by the respective national laws a long time ago. In these specific norms, conflicts resolution instruments are repositioned to serve the objective of European construction and therefore have their secular purpose redefined. Thus, both the objectives and the origins of rules relative to the conflict of laws are altered in the European context. As two level laws, directives have specific constraints, which can disrupt how private international law mechanisms operate. The present study aims at explaining the influence of the directives on the conflict of laws from the private international law methods standpoint. It tends to show that these texts and methods operate in a reciprocal influence model. The integration of the traditional methods into directives causes a series of disturbances which can renew their classic analysis. Inversely, new processes stemming from the construction of the internal market and present within the directive are likely to enhance private international law theory. This analysis sheds light on the diversity of private international law methods embedded in European directives
Fleury-, Le Gros Pierre. "Contribution à l'analyse normative des conflits de lois dans le temps en droit privé interne /". Paris : Dalloz, 2005. http://www.gbv.de/dms/sbb-berlin/502012641.pdf.
Testo completoMathieu, Benjamin. "Directives européennes et conflits de lois". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020095.
Testo completoEuropean Union law frequently utilizes from techniques elaborated and continuously improved by the conflict of laws science. Secondary law in general, vector of the legal integration of Member states is the source of an increasing number of private international law measures. In particular, European directives leverage the various methods of private international law designed by the respective national laws a long time ago. In these specific norms, conflicts resolution instruments are repositioned to serve the objective of European construction and therefore have their secular purpose redefined. Thus, both the objectives and the origins of rules relative to the conflict of laws are altered in the European context. As two level laws, directives have specific constraints, which can disrupt how private international law mechanisms operate. The present study aims at explaining the influence of the directives on the conflict of laws from the private international law methods standpoint. It tends to show that these texts and methods operate in a reciprocal influence model. The integration of the traditional methods into directives causes a series of disturbances which can renew their classic analysis. Inversely, new processes stemming from the construction of the internal market and present within the directive are likely to enhance private international law theory. This analysis sheds light on the diversity of private international law methods embedded in European directives
Guiziou-Péronne, Géraldine. "Les cyberdélits et le droit international privé". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010341.
Testo completoThe study focuses on the analysis of three different types of cybertorts : defamation, violation of the right to privacy and copyright infringements occurring on the Internet. Cybertorts are a recent phenomenon challenging conflict of laws rules. The difficulties arising from the application of traditional rules to these specific torts justify that a new way to deal with them be adopted as regards conflicts of laws rules and rules for jurisdiction. The proposals are dual. The first one builds on the difficulties of localization of cybertorts to suggest a new method. The positive methods based on an objective localization or on the target or destination of the website are inadequate. The study proposes a fictitious localization of cybertorts. The second one, building on the difficulties encountered by the victims of cybertorts when they act for the defense of their rights, suggests that they should be granted some protection. Indeed, the analysis shows the existence of an asymmetric relationship between the victim and the online intermediaries and the tortfeasor. Some protective rules appear to be necessary to strike a fair balance between the parties
Revineala, Svetlana. "Le droit des successions dans la Fédération de Russie : droit interne et droit international privé". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020043/document.
Testo completoThe international inheritance issues have recently gained importance in Russia, since the opening of the country and the liberalisation of private international exchanges. Indeed, since 1991, with the URSS disintegration, the Russian nationals began to have their borders open with the possibility to develop their trade in a global economy. As a known phenomenon in all the countries, the immigration is shared between the desire to set down roots in the host country, and unless there is a will to return, at least a desire to have their families left in the original country benefit from their savings. Most of the time, this immigrant population ages and dies in the host country. The rising immigration from and to Russian Federation, illustrates the need of a clear regulation and enforcement in the area of the international inheritance law. The Russian conflict-of-law rules are mainly governed by internal rules, because the few international conventions signed by Russia in this area are deliberately regional or bilateral. For this reason, the rules of Russian private international law and the internal rules reflect the specificity of its social, economic and legal system. This Ph.D. undertakes a global reflexion on the Russian rules of the international inheritance law area. The two main axis of this study are, on the one hand, the determination of the applicable law to the international inheritance and the exploration of the domain of the Russian law applicable to the international inheritance. The aim of this thesis is to bring support to the patricians called to apply the Russian international private law in the area of inheritance
Stark, Laure. "L'internationalité en droit international privé". Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCF005.
Testo completoInternationality is a central concept of private international law, which has however never been clearly defined. The construction of Europe and the several phenomena of despatialization brought about by globalization have made it even more difficult to grasp by introducing a differentiation between European and truly international situations and by partially calling into question the spatial localization of certain legal situations, qualified as transnational or even anational. The definitional difficulties that have always affected the notion of internationality are today gaining in visibility and importance as a result of the increase in the number of international situations. In this context, we first propose certain solutions to the most common problems of apprehension of internationality, as well as the adoption of a functional approach to the concept, which makes it possible to define its contours with satisfactory precision. Secondly, starting from the observation that the existence of internationality triggers the application of the rules of private international law, which lead to a legal regime that is often different and more favorable than that reserved for internal situations by domestic law, it is shown that this difference in treatment resulting from internationality is not always justified, in that it is not driven by the needs specific to internationality. Similarly, the appropriateness of establishing a legal regime specific to European situations as compared with truly international situations is partly questioned. With regard to the influence of European regionalization and despatialization on the regime of international situations, we finally partially question the appropriateness of the establishment by EU-law of a different legal regime for European situations and truly international situations, on the one hand, and conclude that the current methods of private international law are adequate to regulate transnational situations, on the other hand
Oprea, Elena-Alina. "Droit de l'Union européenne et lois de police". Electronic Thesis or Diss., Paris 2, 2011. https://eu02.alma.exlibrisgroup.com/view/uresolver/33PUDB_IEP/openurl?u.ignore_date_coverage=true&portfolio_pid=5364207000004675&Force_direct=true.
Testo completoThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods
Ragueneau, Alan. "Les contrats de mise à disposition d'oeuvre sur les réseaux numériques : étude de droit matériel et analyse de conflit de lois en droit américain et français". Nantes, 2008. http://www.theses.fr/2008NANT4027.
Testo completoContracts for making a work available online can be a sale – rental, service, copyright or sui generis agreement. This lack of uniformity is the result of the various ways a work can be exploited on the digital networks. Next to the traditional business models such as sale – rental or sale of copies or services, copyright owners can now base their revenue on consumers' restricted acts – "from having copies to experiencing works". When a work is copyrighted, the transaction is a copyright contract. When there is no such protection, it is a sui generis contract. The control over consumer's acts of access and or use of the work is based on the contractual provisions and technical measures. Choice of law analysis varies from contract to contract. Regarding contract-conflicts regime, choice of law rules will have different sources. For example, The Hague Convention on the sale of tangible goods may apply to online sale of copies while copyright contract falls outside its scope of application. Regarding copyright-conflicts regime, we are trying to define one single choice of law rule fo all copyright issues that combines the traditional lex loci protectionis with the new emerging concept of "focalization". There are two mechanisms to coordinate copyright-conflicts and contract-conflicts regimes. Characterization is the primary tool in France while unilateral (public policy also known as mandatory rules) approach is more used in the USA. Here, we argue that national copyright laws may become mandatory if one considers that contracts for making a work available is the cornerstone of private ordering
Benmbarek-Lesaffre, Kenza. "Les règles matérielles de droit international privé". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020065.
Testo completoThe material rules of private international law are classically defined as rules that provide substantive answers to a question of private international law. They are distinguished from the traditional conflict of laws rule which is neutral, abstract, bilateral and limited, in its initial form, to the designation of the applicable legal order. This definition shows its limits as the methods of private international law have evolved. Boundaries between the different methods became more unclear, leading to uncertainty as to the legal regime of the material rules. We have tried, through the study of material rules of private international law, to propose a definition that takes into account their specificity but also their variety while distinguishing them from neighboring methods and, in particular, police laws. This definition has led us to a classification of material rules and to the conclusion that their legal regime should depend of the particular subcategory they belong to
Oprea, Elena-Alina. "Droit de l'Union européenne et lois de police". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020028.
Testo completoThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods
Moille, Celine. "L’influence du droit international privé sur le droit interne français". Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Testo completoFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed
Louvel-Parisot, Valérie. "Les conflits internes de lois". Paris 1, 2009. http://www.theses.fr/2009PA010254.
Testo completoSouleau-Bertrand, Mathilde Lagarde Paul. "Le conflit mobile /". Paris : Dalloz, 2005. http://catalogue.bnf.fr/ark:/12148/cb399520747.
Testo completoPuljak, Marie-Paule. "Le droit international privé à l'épreuve du principe communautaire de non discrimination en raison de la nationalité". Paris 2, 2002. http://www.theses.fr/2002PA020087.
Testo completoSouleau-Bertrand, Mathilde. "Le conflit mobile". Paris 1, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099115.
Testo completoEspinassous, Valentine. "L'uniformisation du droit substantiel et le conflit de lois". Paris 1, 2008. http://www.theses.fr/2008PA010282.
Testo completoMuir, Watt Horatia. "La Fonction de la règle de conflit de lois". Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594811w.
Testo completoKaram, Ghada. "La loi la plus favorable dans le conflit de lois". Paris 2, 2006. http://www.theses.fr/2006PA020008.
Testo completoLaval, Sarah. "Le tiers et le contrat : étude de conflit de lois". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010259.
Testo completoWhile Substantial Contract Law is characterized by the decline of party autonomy, Private International Law makes it the main conflict rule in the field of Contract. Besides this reversed evolution, a similar trend is shaping Substantial Contract Law and Private International Law of Contract : the contract incorporates third parties, both through the rights it creates as well as through the increase in ties between parties and third parties. Coherent with the scaling down of party autonomy in Contract law, the connection between the third party and the contract goes against the conflict rule in the field of contracts. Although party autonomy serves parties interests, third parties expectations require an objectively determined law. To heed the object and the opposability of contracts allows for a well-balanced consideration of third parties interests in accordance with parties interests. Regarding contracts with reinforced opposability, ("long-range contracts"), the third party is taken into account by the creation of a special conflict rule in the field of contracts, that prevents parties from choosing their law. Party autonomy vanishes for these contracts. In case of simple opposability, ("short-range contracts"), the third party may be reached by the extension of contract effects. Its expectations cannot be protected by the elimination of party autonomy but either by the qualification of questions or by exceptional mechanisms such as overriding mandatory rules
Simon, Christine. "Le conflit armé interne : un concept ambigu et contemporain". Montpellier 1, 1995. http://www.theses.fr/1995MON10037.
Testo completoThe jurdical complexity, the actuality of the action and the "savoir-faire" are the main features of the internal armed conflict. Ignored until 1949 by the international legislation, the internal armed conflict will begin to be recognized with the adoption of the article 3 commun to the four conventions of geneva in 1949. This acknowledgment will expand with the adoption of the protocol ii additional to the covnentions of 1949 which finally admits. Withn the context of the internal armed conflict, the existence of some measures intending to limit the suffering due to the war. However it will be difficult tu put these leasures into practice because it calls into question the principle of sovenignty. The internal armed conflict emobies two aspects which raise the problem of the interpretation and the implementation of the lmegislation. These aspects are : - the situation of trouble and internal tension as a prelimary phase or the secret existence of an internal armed conflict. - the internal armed conflict internationalized by the fact of a foreign intervention. Within the context of the internal armed conflict, the aid operations are going to pose the question of the humanitarian intervention of the foreib states
Fauvarque-Cosson, Bénédicte. "Libre disponibilité des droits et conflits de lois /". Paris : LGDJ, 1996. http://catalogue.bnf.fr/ark:/12148/cb371636453.
Testo completoAvout, Louis d'. "Sur les solutions du conflit de lois en droit des biens /". Paris : Economica, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/516868527.pdf.
Testo completoGavriloff, Julie. "Les méthodes du conflit de lois à l’épreuve du produit dérivé". Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100047.
Testo completoThe derivative is a hedging instrument or an instrument for speculation. The derivative is usually used in international tansactions, and several legislative orders are in competition to govern the contract. The rules for choising a national law are confronted with the parties’ freedom and with the financial markets’ imperatives. The markets’ stability and security are very important. Parties can chose the law applicable to the contract. But the derivative can also be contracted on multilateral system, parties are abble to take financial collateral arrangements, and others laws can be involved
Avout, Louis d'. "Sur les solutions du conflit de lois en droit des biens". Paris 2, 2005. http://www.theses.fr/2005PA020063.
Testo completoRaspail, Hélène. "Le conflit entre droit interne et obligations internationales de l’Etat". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020096/document.
Testo completoAt first sight, international obligations define real actions of States. Domestic law seems, from certain points of view, unable to affect them. However, the mere enactment of national legal acts, understood by international law as immediate realizations of individual situations, may be amount to a breach of these international obligations. Without any enforcement, an international wrongful act will be exposed. Nevertheless, some domestic norms will still be very abstract from an international point of view. Their creation and maintenance in force can’t be seen an international failure rather a risk. Thus, our task will be to find some other kind of State’s obligations, that relates specifically to a given state of general domestic law. An international wrongful act will be then constituted by the very existence of a national norm, if its state is not the one required by international law. Still, the question of State responsibility for such actions, which don’t cause any concrete injury, has to be answered. The more abstract domestic law is, the furthest responsibility will be from a restorative dimension. Responsibility will only be aimed at protecting the international rule of law for the future. Finally, this leads us to the question of the implementation of this responsibility, since classic international litigation law can prevent a claim against domestic law as a wrongful act. This challenge is easily overcome as long as an individual legal act is at stake. On the contrary, a claim against the fact of a general norm is, on different levels, far more difficult to present before international courts. Today however, some international tribunals go beyond this frame, urging States to adapt their domestic law, following the new exigencies of international law
Malan, Alexandre Audit Bernard. "La concurrence des conventions d'unification dans des règles de conflits de lois /". Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb39125353t.
Testo completoGbaguidi, Ahonagnon Noël. "Pluralisme juridique et conflits internes de lois en Afrique noire". Bordeaux 4, 1998. http://www.theses.fr/1998BOR40018.
Testo completoThis work deals with legal pluralism with regard to land ownership successions and conflicts of laws and jurisdictions which it generates in africa notably in the of benin. This question, which, given a state under the rule of an officially standardised legal would not be a matter of any significant concern, becomes particularly interesting in the context of duality of personal and factural statutes. In fact, not is bound to the same personal statute: some are bound to modern statutes, to traditional statutes. The law of inheritance is ruled by two systems of succession with frequently contradicting concepts and regulations. Likewise, the is dualistic: the traditional landlaw system, dominated by collective possession on lineage is opposed to the modern system, founded on individual appropriation (in the sense of the code civil). Indeed, seen internationally, the existence of several systems applied simultaneously, seen domestically, equally engenders internal of interpersonal laws. It is this complex situation which makes land ownership successions a particularly interesting subject. One tries to know if land could be handed by succession in the traditional legal system. Subsequently of interest alsois, what the applicable law for succession, especially in the event of mixed successions? The absence of clear and precise rules for solving such cases by the legislature, the twists of jurisprudence and the doctrinal controversies make all definite responses to questions a little difficult. The present work is concerned with the above problem analysing the legislation, the jurisprudence and also the doctrine, which in the light of results of the research carried out in the area under study, tends to propose some solutions which could primarily serve in bringing about necessary reforms
Poulet-Gibot, Leclerc Nadine. "La place de la loi dans l'ordre juridique interne". Limoges, 1990. http://www.theses.fr/1990LIMO0415.
Testo completoThe relationship between the statutory instrument and the act of parliament has not experienced the juridical revolution which articles 34 and 37 of the 1958 constitution wright well have entailed. The act of parliament has continued to expend its sphere of influence. The act of parliament is a priori at liberty to legislate on whatever subject it pleases and the statutory instrument operates simply to ensure its correct application. As in the earlier republics, the legislative weight of each norm is proportional to the legislative weight of its creatory hench juridicam hierarchy. Even if the classical conception of the law has indeed survived, the law has nevertheless been disrupted in other ways. It has become an irreplaceable political norm has paradoxirally led to its distortion. And, moreover, it bow to higher norms. The development of community law means that the national legislator is left with little autonomous latitude: without dwelling on the development of community law, it should be noted that the national legislator is very often the means by which those same laws are applied. The conseil constitutionnel, however, exerts only a minimal control
Poulet-Gibot, Leclerc Nadine. "La place de la loi dans l'ordre juridique interne /". [Paris] : Presses universitaires de France, 1992. http://catalogue.bnf.fr/ark:/12148/cb36657729m.
Testo completoMiranda, Guerra Frank Nectali. "Le conflit de lois en droit des transports de marchandises par mer". Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD008.
Testo completoThe international uniformity of the carriage of goods by sea law is characterized by certain deficiencies. For instance, the Hague-Visby Rules are applicable only to the maritime leg, so the operations before and after the maritime leg are not under regulation. Here private international law will determine the law to regulate these operations, but the conflict of laws is generalized and there are very few special rules related to the carriage of goods by sea. To guide the choice between the general and special conflict of law rules, the specific characteristics of maritime contracts have to be taken into account. This research tries to determine the deficiencies in the international uniformity of the carriage of goods by sea law, studies the application of the conflict of law rules to maritime contracts and to show how the specific characteristics of maritime contracts influence the choice and the interpretation of the general conflict of law rules. The research takes into account contract and private international law in France and Panama
Le, Bos Yves-Édouard. "Renouvellement de la théorie du conflit de lois dans un contexte fédéral". Paris 1, 2008. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D36.
Testo completoTamega, Paly. "L'Acte Uniforme relatif au droit commercial général et le conflit des lois". Thesis, Université Paris-Saclay (ComUE), 2015. http://www.theses.fr/2015SACLV022/document.
Testo completoThe Treaty for Business Law in Africa Harmonization was signed in Port Louis (Mauritius ) ,October 17, 1993 and entered into force on 18 September 1998. It was amended by the Treaty of Quebec on17 October 2008. This revised treaty entered into force March 21, 2010. The treaty 's main objective is toaddress the legal uncertainty and judicial existing in States parties . To do this , it adopted new Uniform Actsincluding the Uniform Act relating to general commercial law, following the AUDCG which is the subject ofour study. The OHADA Treaty has also established a Joint Court of Justice and Arbitration responsible forthe interpretation and uniform application of those acts .The AUDCG was adopted April 17, 1997 and entered into force on 1 January 1998. It was amendedDecember 15, 2010 and published in the Official Gazette of OHADA , February 15 , 2011. It entered intoforce on 15 May 2011. It is applicable in the same way in all Contracting States. The existence of such a setof rules to reduce the importance of the forum in the resolution of international disputes and reduce the needto resort to conflict rules that generate legal uncertainty. That is why OHADA law so general and especiallyAUDCG does not care or whatever conflict of laws.Yet the conflict of laws remain in OHADA . First, the AUDCG leaves the provisions of national law as longas they are not contrary to it. The AUDCG may also be subject to differing interpretations by national courtswhich are the ordinary courts of harmonized law.Furthermore, the AUDCG is part of an international legislative context involving a wealth of substantiverules subregional such as West Africa 's Economic and Monetary Union (UEMOA) , the EconomicCommunity of States of West Africa (ECOWAS ) , the Economic and Monetary Community of CentralAfrica (CEMAC) and the Economic Community of Central African States and international substantive lawsuch as the CISG , Protocol of 11 April 1980 and the New York Convention of 14 June 1974 relating to thelimitation period in the international sale of goods .This interweaving of law born of conflict. So AUDCG persists in the conflict of laws and conflict ofsupranational norms .This thesis aims to investigate these conflicts as well as the principles of solutions that these should beapplied through the conflict of laws rules , the UNIDROIT Principles of the law of autonomy, arbitration
Chabert, Cyril. "L'intérêt de l'enfant et les conflits de lois". Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32027.
Testo completoFages, Fabrice. "Théorie de l'équivalence et conflits de lois". Paris 1, 2013. http://www.theses.fr/2013PA010256.
Testo completoThe equivalence theory was initially used under French private international law in the form of an exception that justified setting aside the conflict of law rules: first to promote the recognition of foreign judgments and subsequently to avoid what was perceived as unnecessary, the questioning of a French decision that did not respect the conflict of laws rules. The study of the equivalence theory before arbitrators and certain foreign and French judges made it equally apparent that alongside the equivalence exception, the manifestation of a principle of equivalence appeared this time, not as a fix to the conflict of laws rules, but like a participant in the definition of the conflict of laws, thereby distinguishing between real and false conflicts and proposing a way to settle relevant situations of false conflicts. The objective of this study is to expose the different manifestations of the equivalence theory and to describe as precisely as possible the ways in which the equivalence theory is used for a better coordination of the various legal systems
Djiguiba, Dommo. "Le nouveau droit malien des successions : étude prospective pour l'application en France". Electronic Thesis or Diss., Nantes Université, 2024. http://www.theses.fr/2024NANU3014.
Testo completoFocusing to highlight the challenges associated to the coexistence within the Malian Law of the three sets of applicable inheritance rules (statutory law, religious law and customary law) and to contribute to resolving internal conflicts of law between codified law and competing normative systems. The goal is to reflect on possible solutions to make Malian legal pluralism work, which is characterized by a lack of visibility and clarity. In addition to the difficulties when it comes to identifying inheritance law under Malian domestic law, this thesis also emphasizes the challenges linked to the application of Malian law, particularly its religious and customary rules, first within the Malian context, considering the fundamental provisions of the Malian Constitution and international treaties ratified by the Republic of Mali. Therefore, after showing the existence of internal conflicts of law and the shortcomings of the current conflict-resolution systems, this thesis proposes offers strengthening the role of individual will in matters of religious and customary. This thesis suggest introducing a public order clause into domestic law to allow Malian judges to exclude traditional rules that are manifestly contrary to certain principles of modern law. This challenge faced by Malian law in the domestic context may also rise internationally when an international inheritance involving a Malian national is opened in France or handled by a French notary or judge. Many Malians travel and a many of them choose France as their country of residence. The settlement of their succession, which will have an international character, requires the application of French conflict of law rules to determine whether French law or Malian law should apply, depending on the relevant connections with the entry into force of Regulation (EU) No. 650/2012 of 4 July 2012, on jurisdiction, applicable law, recognition and enforcement of decisions, the acceptance and enforcement of authentic instruments in matters of succession, and the creation of European Certificate of Succession. The application of Malian law in France may become more frequent, particularly due to the choice of law option or if the deceased’s last residence was in Mali, even if the succession is opened in France, due to the presence of heirs ( children or surviving spouse ), or because of the principle of unity of the estate which governs the regulation process. The conflit of law rules, whether from national or European sources, designate Malian law as applicable in an international inheritance case, two major challenges arise : identifying the Malian domestic law that will ultimately apply and applying certain religious or customary rules in France. This situation leads us to consider the potential conflict between Malian law and the requirements of French international public order, especially regarding fundamental rights and therefore the risk of Malian law being set aside in France
ZEITOUN, JEAN-MARC. "Les conflits antero-internes de l'epaule : a propos d'une serie de 25 cas". Lille 2, 1994. http://www.theses.fr/1994LIL2M049.
Testo completoRude-Antoine, Edwige. "La formation du mariage des maghrebins vivant en France : étude de sociologie juridique et de conflits de lois". Paris 1, 1989. http://www.theses.fr/1989PA010264.
Testo completoHow to resolve the conflict in the junction of the french law and of the maghrebi law with regard to the formation of marriage. In comparing these laws, some diversities of structural order and some differences of ideological values appear. If islam differs according to each country, the coming on the hexagon of the maghrebis shows this pluralism and the study of maghrebi laws, this composite dynamic. These divergences don't make the privated international relations easy. Do the matrimonial attitudes of the maghrebis, of some competent authorities permit to define a rigid category of maghrebi marriage? the judge will have to research the most appropriate law to each relation of law. The law of the nationality and these implications, the constate of the regression of the game of the public order lead to reconsider the rule of conflict. The mecanisms of transfer, of the public order, the qualification are reached. Do the political and social contexts have to turn the substance and the nature of the rules of conflict? is the best regulation conventional or does one opt for a system pursuing the integration of strangers in france?
González-Chavarría, Alexander. "Requerimientos de innovación institucional para la regulación y cumplimiento efectivo de los derechos humanos a nivel doméstico. Lecciones de la evolución del modelo de regulación de los derechos humanos en Colombia en el período 2006-2014". Thesis, Sorbonne Paris Cité, 2019. http://www.theses.fr/2019USPCA056/document.
Testo completoIn this research, I take as object of study the changes in the regulation model of the human rights problematic in Colombia in the period 2006-2014. Specifically, I focus on the analysis of the two main results of this process of change. First, the formulation of the Integral policy of human rights and international humanitarian law (IPHR-IHL), which began to be discussed in 2006 and was finally issued in 2013. Second, the design and implementation of the National system of human rights of the Colombian State (NSHRC), created in 2011 and which integrated in 2014 the IPHR-IHL as normative framework. These two results define the current state of the regulation model. On the one hand, a public policy negotiated and concerted upon an intersectorial and multi-agent schema, with the participation of both state and non-state actors, which was integrated into the functioning of the NSHRC. On the other hand, the re-concentration of the regulation functions in the Colombian state, leaving little room to the non-state actors for their political influence. This current state of the human rights regulation model in Colombia is the main result that I want to analyze and explain in this research.In this process, several actors have taken an active role from different areas of the international development cooperation with Colombia, and also the Office of the UN High Commissioner for Human Rights based in Colombia (OHCHR-C). This allowed that both the process of change in the regulation model and the two central outcomes of this process were directly related to and determined by the international dynamics, especially the dynamics proper to the international system of human rights centered at the United Nations (ISHR-UN). This system has undergone significant changes during the first decade of the 2000s that led to the generation of new requirements in terms of regulation and fulfillment of the human rights normativity at the national level. As far as the Colombian state is part of the ISHR-UN and that, therefore, the domestic evolution of the regulatory model is partly determined by the dynamics of this international regime, we must take into account these new regulatory requirements generated at the international scale for the analysis of the processes of change in the regulation model at the domestic level in Colombia
En esta investigación tomo como objeto de estudio los cambios en el modelo de regulación de la problemática de derechos humanos en Colombia en el período 2006-2014. Específicamente, me enfoco en el análisis de los dos principales resultados de este proceso de cambio. Primero, la formulación de la Política Integral de Derechos Humanos y Derecho Internacional Humanitario (PIDH-DIH), que se empezó a discutir en el año 2006 y se formuló finalmente en el año 2013. Segundo, el diseño e implementación del Sistema Nacional de Derechos Humanos del Estado Colombiano (SNDHC), creado en el año 2011, al cual se integró la PIDH-DIH como marco normativo en el año 2014. Estos dos resultados definen el estado actual del modelo de regulación: una política pública concertada en un esquema intersectorial multiagente (agentes estatales y agentes no estatales) e integrada al funcionamiento del SNDHC, cuyo diseño institucional concentró la función de regulación en el Estado, dejando poco margen de incidencia política a los agentes no estatales. Este estado actual del modelo de regulación de los derechos humanos en Colombia es el principal resultado que busco analizar y explicar en esta investigación.En este proceso tomaron parte activa, entre otros, varios sectores de la cooperación internacional para el desarrollo con Colombia, así como la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos con sede en Colombia (OACNUDH-C). Esto permitió que tanto el proceso de cambio en el modelo de regulación como los dos resultados centrales de este proceso se conectarán y estuvieran directamente determinados por dinámicas internacionales, particularmente las dinámicas propias del Sistema Internacional de Derechos Humanos centrado en las Naciones Unidas (SIDH-ONU). Este sistema experimentó cambios normativos e institucionales de importancia en la primera década de los años 2000 que generaron nuevos requerimientos en materia de regulación y cumplimiento de los derechos humanos a nivel doméstico. En la medida en que el Estado colombiano hace parte del SIDH-ONU y, por tanto, la evolución doméstica del modelo de regulación está parcialmente determinada por las dinámicas de este régimen internacional, para abordar el análisis del cambio en el modelo de regulación en Colombia debo tomar en cuenta estos nuevos requerimientos de regulación generados a nivel internacional
Moya, Djoleen. "L'autorité des règles de conflit de lois : réflexion sur l'incidence des considérations substantielles". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D061.
Testo completoChoice-of-law rules do not all have the same authority. The parties, and even the judge, may be allowed to override the designation made by the conflict rule. The parties are sometimes free to depart, by convention, from the designated law (suppletory choice-of-law rules), sometimes bound by the designation made (imperative choice-of-law rules). The judge is sometimes obliged, sometimes free to raise ex officio the internationality of the dispute, and to deduce from it the application of the choice-of-law rule. Considering together such varied questions may be surprising, but it is the approach adopted by French case law. The authority of choice-of-law rules is defined jointly, according to substantive considerations. As a matter of example, an affiliation proceeding is, in French substantive law, a matter of public policy regarding someone’s family status, and deemed to concern an unwaivable right. Therefore, the applicable choice-of-law rule will be imperative and applied ex officio by the judge. Conversely, if the claim falls within a largely suppletory subject matter or relates to waivable rights, the applicable choice-of-law rule will be suppletory, and the judge will not be required to apply it ex officio. Therefore, the authority of choice-of-law rules is defined, with respect to both the parties and the judge, according to substantive considerations.However, this regime is no longer that of European private international law. Firstly, the European regulations have only defined the authority of their choice-of-law rules with respect to the parties, leaving it up to each Member State to determine their authority over the judge. Secondly, the European definition of their authority over the parties disregards any substantive consideration, and retains a whole set of suppletory choice-of-law rules, regardless of the subject-matter. Is case law justified in defining the authority of choice-of-law rules solely on the basis of substantive considerations ? No, because choice-of-law rules designate the applicable law according to choice-of-law considerations. However, one cannot, like the European legislator, exclude any substantive consideration. The supposition of choice-of-law rules concerns substantive law issues. Choice-of-law rules are, thus, devised according to substantive considerations. Therefore, if these alone cannot define the authority of choice-of-law rules, they cannot be totally ignored either
Deplagne, Constance. "Recherche sur le conflit de lois en matière d’accès aux ressources biologiques humaines". Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100093.
Testo completoMost substances in the human body can be used independently of their body oforigin (for transplantation, research, medically assisted procreation, etc.). Upstream, thisentails a process of access to these human biological resources. This process is divided intotwo phases: individualization of human biological resources - through their extraction andlegal status - and their circulation. At present, this process is directly affected by the phenomenon of globalization.Thus, human organs, tissues and cells, but also patients, are moving or are being moved across borders for therapeutic and scientific purposes. As the regulation of these practices by public international law texts is insufficient, situations of conflict of laws arise. Private international law must then be sought. However, no conflict-of-law rules has been established in this field, either by law or in the case law. Moreover, on the surface, the features of bioethics law (human origin of the resources, omnipresence of public law and differences in legislation between States) appear to hinder a conflict-of-law reasoning. The present study aims, from the point of view of positive law, to address conflict of laws concerning access to human biological resources. It will therefore seek to solve them and analyse the implementation of the proposed solutions
Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
Testo completoThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
Raynard, Jacques. "La propriété littéraire et artistique à l'épreuve de la méthode du conflit des lois". Montpellier 1, 1989. http://www.theses.fr/1989MON10047.
Testo completoThe study of the international system of literary and artistic proprietary rights through the method of conflict of laws imposes, for qualification necessities, a reconsideration of the nature of authors copyrights. Only a just appreciation of the latter can account for the rules of conflict of laws inserted in the international conventions or springing from precedents if not law. The first part of this thesis concerns the qualification of this right. Rejecting particular analyses, which are often prevailing in such matters, we have chosen to believe that absolute control over a property, even intangible, is a true proprietary right. The second part of this study draws out the logical consequences of this analysis as concerns the designation of the competent legal order. Thus the traditional territoriality conferred to copyright has seemed to us being directly associated to the real nature of this right. The observation of the rules governing the international system of copyrights has thus appeared as a verification of the previous analysis
Delpech, Florence. "Le rôle de la règle de conflit de lois dans l'efficacité des décisions étrangères". Paris 1, 1999. http://www.theses.fr/1999PA010259.
Testo completoAzouaou, Philippe. "L'indisponibilité des compétences en droit public interne". Paris 10, 2012. http://www.theses.fr/2012PA100166.
Testo completoThe unavailability of competences is a cryptic formula hiding an extraordinarily simple idea : competences cannot be alienated. Lawyers use this idea either as an argument or a justification. Today, it is used as an argument to challenge the contract of mandate validity. It can also justify case law related to prohibition on delegating powers. Most lawyers understand the principle of unavailability of competences as positive law. This idea must be rejected. This principle must be defined in a very different way so as to be referred to adequately. This principle was created to be useful to legal science, to express the needs of dynamic validity of legal norms. The principle of unavailability of competences requires that the elements of the power-conferring norm referring to dynamic characters of the legal system must be respected to produce a norm. The need for static validity is expressed by the principle of legality. The principle of the unavailability of powers and the principle of legality are the backbone of legal system. They are the principles of the legal system inasmuch they make obvious its main and characteristic aspects. They are constantly enforced by authorities entitled to enact law and it is the judges’ responsibility to remind these authorities that they cannot get rid of them to create a norm
Zaky, Ahad. "Conflits de lois dans les contrats de commerce électronique". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA009.
Testo completoThe conclusion of contracts of electronic commerce by internet raises several legal issues regarding the determination of the applicable law, the competent jurisdiction and the consumer protection. Therefore, we can question the applicability of the traditional rules of international private law to this new way of conclusion of contract or otherwise postulate the adoption of new legal rules. Starting by this premise, the present work focuses on the influence of electronic commerce on the conclusion ofcontracts between professional and then between the professional and the consumer. In particular, this work explores respectively the location of the contract and the possibility to apply substantive rules (lex elecrtonica) in substitution of the conflict of law rules. Electronics arbitration, the applicability of this method of disputes settlement and the relevant legal issues have been addressed in this work