Tesi sul tema "Copropriété (logement) – France – Koweït"
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Alotaibi, Najoud. "La copropriété immobilière, des modèles en transition : étude comparative du droit français et du droit koweïtien". Electronic Thesis or Diss., Université de Montpellier (2022-....), 2023. http://www.theses.fr/2023UMOND029.
Testo completoThe world is currently experiencing an undeniable movement of urban, environmental, and digital transition. The real estate sector is not immune to this movement, which raises important questions about the various issues in this area, particularly social, economic, and environmental. The current models of French and Kuwaiti real estate co-ownership, due to their unitary nature, do not allow us to answer such questions. Their inadequacies, both structural and organizational, call into question their very relevance. A legal transition is necessary more than ever to compensate for such inadequacies, exacerbated by the more global transitions affecting the real estate sector. This thesis proposes a redefinition of real estate co-ownership models to better respond to the diversity and complexity of the situations they face. A pluralist approach based on a harmonized but differentiated method of redefinition is defended; from a subjective point of view concerning the management bodies, but also from an objective point of view concerning the management documents
NEREL, FRANCOISE. "Le contrat de location dans l'immeuble en copropriété". Toulouse 1, 1989. http://www.theses.fr/1989TOU10040.
Testo completoThe relationship between lease and co-ownership although legally extraneous before the enactment of the quilliot act and later the mehaignerie act have become markedly more interwoven since the act of the 22nd june 1982. Then the act of the 23rd december 1986 abolished the quilliot act and reverted to the previous system maintaining nonetheless the opposable effect of the co-ownership agrement to the leaseholder
Depuy, Laurent. "La superposition des divisions juridiques de l'immeuble". Toulouse 1, 2000. http://www.theses.fr/2000TOU10027.
Testo completoHERMANN-DEMIERE, CORINNE. "Les restrictions de liberte du coproprietaire". Cergy-Pontoise, 1997. http://www.theses.fr/1997CERG0027.
Testo completoVacher, Annie-Claude. "Les travaux, par un copropriétaire, sur son lot d'habitation". Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32000.
Testo completoConfronted by the technicality of legal rules governing co-ownership of residential property, a co-owner, wishing to undertake building works to his own dwelling, finds himself obliged to respect on arsenal of legislation which resembles more a legal jungle that a coherent body of law. The legal techniques employed have provoked the virtual sterilisation of the dwelling in sub-division. However, recent progress in legal juristrudance offers, hopefully, greater liberty for the individual initiative of co-owners
Tawaschi, Al-Baiate Hatem. "Le statut du copropriétaire au sein d'une copropriété immobilière : étude comparative de droit français, de droit syrien et de droit musulman". Bordeaux 4, 1995. http://www.theses.fr/1995BOR40027.
Testo completoBayard-Jammes, Florence. "La nature juridique du droit du copropriétaire immobilier : analyse critique". Toulouse 1, 2002. http://www.theses.fr/2002TOU10057.
Testo completoThe co-ownership is governed by the July 10, 1965 Act of Parliament. It is not only a kind of sharing out of the property of a block of flats or a group of blocks of flats among several persons, but also a managing structure based on the same interest. The co-owner is an owner of a pack of co-ownership. That is an abstract entity but nevertheless it is, in itself, a block of flats independent of the other group of blocks of flats. The pack of co-ownership is the subject matter of the right of ownership of the co-owner. Thus, every pack remains an independent ownership in the patrimony of the owner. But the structure of the co-ownership necessarily implies a collective organisation to manage it. However, that situation is not to challenge the right of ownership of the owner on his pack. This can explained if we know that the only aim of the collective organisation is to see to the upkeep of the block of flats
Abbour, Abdelali. "Le statut de la copropriété immobilière en droit marocain : regards historique, critique et comparé". Toulon, 2009. http://www.theses.fr/2009TOUL0059.
Testo completoIn recent years, there has been a spectacular increase in the construction of collective accomodations (blocks of flats) in Maroccan cities. The division of flats in low-rise buildings are subjected to specific laws ? those pertaining to co-ownership. The study of this institution is rather delicate, notably due to the diversity of sources and the sociological context in which the question of co-ownership evolves. A preliminary anlysis of the sources and evolution of co-ownership. The approach is rather classical. It opposes the structural co-ownership statutes (first part) with the functional statutes (second part). This analysis shows the existence of a new type of property as regards Moroccan real estate law : a co-ownership lot and the implications implied in terms of theorical choices regarding the notion of co-ownership and the practical consequances of this approach from a strucural and functional standpoint. This research is based on a combined analysis of Dahir from the 16th of November 1946 to the 3rd of October 2002 and the july 10th French law which served as a model. This solid and constructive analysis obviously has practical applications. However, in referring almost exclusively to French case law the main weakness resides in the apparent shortcomings of Moroccan jurisprudence. Therefore, the interpretation of current Moroccan law is critical
Hraki, Ahmad. "Le régime juridique du droit de propriété en matière immobilière : étude critique". Toulouse 1, 1996. http://www.theses.fr/1996TOU10052.
Testo completoMaurel, Fabrice. "Copropriété immobilière et droit pénal spécial : du particularisme des infractions pénales à l'utilité du garde particulier". Nice, 2005. http://www.theses.fr/2005NICE0014.
Testo completoAs the law of July 10, 1965 at present stand, real joint ownership is a particular situation of the distribution of ownership with a lot of actors. This collective organization is the inevitable theatre of illegal behaviours which, must as a last resort be sanctioned by the repressive law. But the legislator seems until now to have never consider as necessary to lay down a particular criminal law suitable to the real joint ownership. It then appears opportune to study the particularism of the penal infringements applied to the field of real joint ownership because the identification of the infringements takes part in their prevention. However, in this matter, private property keeper from which the statute fell in disuse deserves to be rehabilitated. In charge of protection of the real property and the establishment of infringements, its role is perfectly adapted to the specific needs of real joint ownership
Tixier, Jean-Luc. "Le bail à construction : de la théorie à la pratique". Paris 1, 1994. http://www.theses.fr/1994PA010283.
Testo completoThe study of the practice of construction leases after thirty years of existence reveals a limited use of these leases due to theoretical obstacles. If all of the conclusions are drawn from its nature as a deed constituting a right to a given surface, several obstacles at the origin of its lack of success may be ruled out. The identification of the limits which distinguish the construction lease from other long term rental agreements, in particular from the emphyteusis lease allow its scope to be specified, its operations in volume to be extended and the extent of the prerogatives of its holder to be assessed. The specific rules of mortgage allocation, the difficulties of integration of the constructed buildings into the co-ownership mechanism and the often differing legal and tax analyses, remain a source of drawbacks. The full use of the legal nature of the construction lease and of the reduced legal mechanism allow the main defects to be remedied and the drafting principles of an appropriate agreement to be defined
Lannepats, Guy. "Le statut de la copropriété des immeubles bâtis : éléments de comparaison en droit français et en droit suisse". Toulon, 2009. http://www.theses.fr/2009TOUL0061.
Testo completoComparing the Swiss and French statutes of the co-ownership of built property, allows one to appreciate the originality of two very opposite solutions. Property is one of founding principles of the French society, which explains statutes that attempt to protect mainly the property right of each and every of the co-owners. In contrast, the interests of the community are essential in Switzerland : the buyer of part of a floor in a building becomes not only property-owner- above all he becomes the member of a community. This is how the Swiss text reflects a very community-minded vision, far from the French individualism. Furthermore, the contractual freedom is a fundamental element in Switzerland, where the doctrine considers that a legal institution should settle private agreements in a simple way and not prove intruisive, whereas in France one deals with imperative stututes in constant evolution. In France, the restrictions of the individual rights of the co-owners are not incompatible with the property right. An opposite solution is adopted in Switzerland, where, though total control of the matter is the rule, this can be restricted by conventional measures - which in France would be considered as incompatible limitations of the property right. Counterpart of the quantitative success of the French statutes, the increasing number of co-properties in a difficult position has become a public politics issue, while the Swiss legislator considers that it is not the concern of the public authorities to bring all the answers to the problems od private order. But law seen as a social reality is inevitably marked by the society in which it is to be used
Simon, Eva. "L’action publique locale sur les copropriétés dégradées : des politiques publiques différenciées et inégales à Lyon, Marseille et Grenoble". Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAH006/document.
Testo completoHow does public policies act towards so-called « dilapidated condominium »? In France, housing in « copropriété » (condominium, CIDs or HOA in English) becomes common in the 60s and 70s. In the late 70s, a few local public actors address the problem of some multi-owned residential developments facing a bundle of difficulties, such as decrease in real estate values, poorer inhabitants and owners, lacks in maintenance or management conflicts. In 1994-1996, the concept of « copropriétés dégradées » (dilapidated condominiums) enter in French national laws and public policies. Both laws and public policies are reinforced in the 2000s and 2010s, creating what seems to be one of the most developed program aiming poor multi-owned residential developments in OCDE countries.This PhD is based on an international literature review (the first one about difficulties faced by multi-owned housing) on archives stored by local authorities of 3 agglomerations (Lyon, Marseille, Grenoble) and on 50 interviews. It tracks local public policies towards so-called “copropriétés dégradées” at a building, communal and intercommunal level during 40 years (1975-2014). The research shows how residential developments were investigated, categorised and invested by local authorities in Lyon, Marseille and Grenoble.The proposed results are related to both condominium management and French public policies. A new form of condominium management, called malevolent management, is observed and conceptualised. The growing difference between Marseillian and Parisian degraded condominium (facing major safety issues) and Lyon’ and Grenoble’ ones (facing refurbishment issues) is documented and linked to the differences between the local public policies. The role of the national policy is also discussed: instead of reducing the differences between cities, it appears to enhance them
Najem, Melhem. "La copropriété dans les immeubles bâtis : partage des bienfaits et des dommages - Etude comparative". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020070.
Testo completoThe co-ownership of buildings has a particular importance, given the fact that it is influenced by many factors. The socio-cultural factor of the composition of the Lebanese society and that of the problem of the displaced persons (DP) during the Lebanese war, occupy a considerable part in the study of co-ownership. We note several problems that arise from the confusion between law and reality. The economic and real-estate expansion, since the end of the war, caused a large part of the Lebanese population to concentrate in large cities and their suburbs either for education or work. This concentration provoked an activity increase in the construction field. Diverse problems are encountered in this field, due to the absence of appropriate regulations on one hand, or due to divergences in the jurisprudence on the other hand. By taking into consideration all these factors, we attempt to find solutions to major problems, by referring, when the case arises, to the French laws and jurisprudence
Habouzit, Rémi. "La copropriété dégradée, le relogement et après ? Professionnels et habitants dans une opération rénovation urbaine". Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLV034/document.
Testo completoSince 2003, more than 400 popular districts categorized as sensitive urban zones and 4 million inhabitants have become part of a program initiated by the Framework Act on Town Planning and Urban Renewal (so-called “Borloo law”). In order to achieve district transformation and social diversity, the program has led to demolition/rebuilding operations, the refurbishment of existing dwellings and the redefinition of public urban areas (street network and green spaces, etc.)The municipalities of Clichy-Sous-Bois and Montfermeil in the Seine-Saint-Denis region were part of this program. Whilst being the largest program in France (in terms of allocated budget and demolished dwellings), it also had the singularity to involve the destruction of dilapidated privately-owned buildings such as Les Bosquets in Montfermeil and La Forestière in Clichy-sous-Bois. All the new buildings reconstructed there are under social housing management.All re-housed inhabitants consequently moved from the status of owner-occupiers or private housing tenants to that of social housing tenants. In addition to their change in status, this situation implies regular interactions between these ‘displaced’people and the professionals (of the city, of nonprofit organizations, social landlords who operate in the area, in these buildings within the frame of pre- and post-rehousing accompaniment.Based on an analysis supported by interviews, observations and archives, this thesis aims at understanding the genesis of this policy as much as the effects of the will for district transformation through generalizing social housing, on professional practices and the trajectories of the re-housed inhabitants. To this end, archives and interviews help understanding that the degradation of the former co-ownership properties was attributable primarily to their conditions of marketing, construction and management. Yet, all the measures of public action, up to the signature of the urban renewal program, systematically present the inhabitants and their features (popular classes or migrants) as solely responsible for this deterioration.The ethnography of professional practices then shows how in the new homes the professionals use the interactions with the inhabitants to regulate the way they live there. This work is done with a view to avoiding new damage to the buildings.Eventually the interviews with the inhabitants (made before and after re-housing) illustrate how re-housing and the interactions with professionals destabilize them within their individual anchorages and shake the sense of hierarchies within this social group. While former owners made up the upper class in their previous housing, they now feel the most downgraded. Conversely, tenants who were the most dominated are today the most rehabilitated.Beyond empirical results, this analytical approach rates the issues of the thesis on sevral scales. First, this work illustrates how, in a constructivist perspective, these co-ownership properties and their inhabitants have been built as a problem and a category of public action. Then, starting from the practices of professionals, this thesis discloses how within the frame of urban policy, some forms of regulation and domination over certain targeted publics (here working classes and migrants) are still exerted. Finally this thesis is consistent with a sociology of popular classes who are attentive to their internal differences as much as to the various ways a measure of public action can be perceived
Varenio, Céline. "L'efficacité énergétique dans les bâtiments existants : déficit d'investissement, incitations et accompagnement". Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00783705.
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