Tesi sul tema "Techniques juridiques"
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Semerdjian, Yoann. "Les techniques juridiques de préservation de l’environnement urbain". Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0107/document.
Testo completoToday, the preservation of the urban environment is a recurring source of concern in our society. Fighting global warming and protecting biodiversity are major issues for the cities or (even) challenges that will imply an evolution in our lifestyle. Faced to the emergency of a response to the threats hanging over the environment, Law may offer a framework for the expected changes. However, up to now, environmental law only provides partial, timid and often complex answers. Technical studies on legal proposals for the preservation of the city / cities show that conservation has been limited to practices and customs rather than legal arrangements. Nevertheless, the jurisprudence of the European Courts of Human Rights relating to the environment and French emerging legislation to protect biodiversity points the way to better nature conservation in cities.The connection, today proven, between the fight against global warming and the conservation of biodiversity urges in the coming of a single legal corpus safeguarding the conservation / preservatiion of the urban environment. The difficulties in emerging this legal framework should be discarded in favour of preservation of life on earth
Alliouch, Kerboua Kamel. "La libre circulation de l'information : aspects juridiques et techniques". Strasbourg 3, 1990. http://www.theses.fr/1990STR30001.
Testo completoThe principle of free flow information, discussed at the u. N 1948 is still going on, although this continuing discussion is proaderred (extended) to other circles and institution beside the u. N the consecration (devetion) of the principle is not established world wide. The juridical conservation is not established all between the east and west, however, it is well established custom in europand is conventionnally recognized at the europeen level. With regard north-south relations, the consecration of the principle differ with the inter prestation of the principle of, unbalanced mouvement (flow) of information. The search by the third world countries for a new world order for information and communication is not apprecited and even rejected because the concept is perceived as to inter fer with the principle of liberty and democracy
Mahmoud, Ahmad. "Les cadres juridiques de la responsabilité civile des prestataires techniques". Montpellier 1, 2007. http://www.theses.fr/2007MON10026.
Testo completoThe concept of civil liability undergoes existential upheaval in the shadow of the evolutions noted in the e-commerce field. The technical service providers are the first actors who enter in direct action with the users of there internet services. They hold technical and factual capacities in the management of the functions of access and lodging. Their legal statute was regulated by the French legislator in order to grant to them an active and substantial role in the fight against the damages and the crimes on the web. Their proximity of the net surfers, and their plausible identification endorse a burden of responsibility naturally to them, that they should had support with other potential actors who seems to be hardly identifiable on the net. This abnormal situation cause interrogations on the equitable flexibility of their responsibility by laying down rather precise conditions as for its realization, particularly about the most adapted legal status for preserving the victims rights of the to spare the proof, as well as the research of the other melting elements of the direct or indirect responsible actors of the Internet. Technical service providers should not be necessarily considered as the only direct authors of the damages undergone by net surfers, but rather the guarantors, policemen and even the “judges” who will be able to finally emit verdicts of labialization better adapted for the fugacious and virtual nature of the data and information flow over the Internet. A private justice pattern regains surface, but this time with its virtual facet which adds to the electronic scenario its natural corollaries of netiquette and auto-regulation, without to disavow in the absolute, enhanced traditional interventionist’s roles of the official sovereign authorities in the laws making and the pronunciation of compensations and penalties
Travadel, Sébastien. "Normes techniques et normes juridiques : L'exemple de l'aviation civile communautaire". Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D012.
Testo completoPas de résumé en anglais
Hazebroucq, Vincent. "Télétransmission en temps réel d'images radiologiques numériques : aspects techniques, médicaux et juridiques". Paris 5, 1999. http://www.theses.fr/1999PA05CD14.
Testo completoJelen, Jonathan. "Les techniques juridiques des stratégies industrielles des groupes d'entreprises publiques du secteur concurrentiel". Pau, 1992. http://www.theses.fr/1992PAUU2022.
Testo completoThe main idea being that the decision making proces in public entreprises of the competitive sector does not at all correspond any longer to patterns that one is tempted to conceive from a traditionalist point of view, it has been undertaken to try to extract first the elements forming the legal frame within which this proces is normally bound to be effected, to demonstrate on the other hand and simultaneously its misfunctioning related to the three following axes seen alternatively or cumulated : it is or the competitive environment of todays public industrial enterprises or the ambiguous behavior of the political powers concerning these enterprises or the legal rules framing them or finally this legal framework itself that has to be considered having caused the misfunctionings. The dichotomy that is employed to discover those phenomenoms and to justify the critiques opposes two developments : in a first series are being exposed the cases where the strategic actors share their interventionist impact ; the second series corresponds to those decisions reserved to the political actors only, for if its more likely that the groupes themselves initiate and effect their, financial restructuring, it can be the politicians only that decide changements from the statutory point of view or who start a sectorial plan ; for if it is the groupes that integrate, privatisation is a purely political matter
Legrez, Philippe. "L'acquisition de société étrangère non cotée en bourse : contraintes juridiques et techniques contractuelles". Dijon, 1990. http://www.theses.fr/1990DIJOD008.
Testo completoThe subject matter which is dealt with is that of the acquisition of a foreign company from the point of view of the French purchaser. The analysis covers the overall legal problems encountered with this type of acquisition, in looking both at its "legal side" (foreign investment law, exchange control law, antitrust law) and its "contractual side" (letter of intent, share or assets purchase agreement)
Braam, Séverine. "Transsexualisme : incidences des techniques médicales, des médias et de l'évolution des codes juridiques". Rennes 2, 2000. http://www.theses.fr/2000REN20053.
Testo completoThe transsexual is a person whose sex does not correspond to what (s)he feels it should be. Admitting that transsexualism is a rare phenomenom still even today, we must understand that some individuals of ill-defined orientation would not have thought about transsexualism, if they had not encountered it in their environment. Transsexualism makes possible what might otherwise have remained a fantasy. The availability of medical treatment is promoted and encouraged by the media : the idea is that you can make a woman out of a man and the other way around. Moreover, we wonder whether it is right to legislate in favour of these persons, as this entails the risk that the number of requests for a change of sex for legal purposes might rise. This led us to question risks involved in a request for such a change in the psychological structure, but rather a broad syndrome. So there are considerable differences among the transsexual population. Fieldwork undertaken at various observation points and among different categories of people involved with the transsexual question enabled us to compare theory with clinical experience
Le, Rudulier Karine. "Les sciences juridiques et les techniques de gestion à l'épreuve des phénomènes micro-entrepreneuriaux". Rennes 1, 2001. http://www.theses.fr/2001REN1A010.
Testo completoVaisse, Maryline Boulanger François. "L'utilisation des techniques contractuelles dans l'interprétation des dispositions testamentaires". Saint-Denis : Université de Paris 8, 2007. http://www.bu.univ-paris8.fr/consult.php?url_these=theses/VaisseThese.pdf.
Testo completoAtemengue, Frédéric Stéphane. "Les techniques juridiques d’attractivité des investissements privés étrangers dans les pays de l’espace OHADA, le cas du Cameroun". Electronic Thesis or Diss., Nantes Université, 2023. http://www.theses.fr/2023NANU3018.
Testo completoConsidering foreign private investment as an engine of economic growth, countries in search of capital, including the countries of the OHADA area, have undertaken attractiveness policies for several decades, some more attractive than others. However, the influx of foreign private investment is not satisfactory compared to expectations and remains relatively low compared to other countries. The analysis of the legal techniques for the attractiveness of these investments therefore seemed appropriate to us in order to determine and assess the legal techniques on which the countries of the OHADA area, in particular Cameroon, base the attractiveness of their territories. It appears that this attractiveness is based on the one hand, on promotion techniques, and on the other hand on techniques for protecting private investments. Promotion techniques include the construction of a framework conducive to foreign private investment and the modernization of legal tools relating to the exercise of economic activities. The objective here is to ensure legal certainty and otherwise controlled economic liberalization. Regarding protection techniques, there are two types. Some are guarantees preventing disputes and others are guarantees supporting the settlement of disputes. The first result in the regulation, on the one hand, of relations between the host State and foreign investors, and on the other hand of relations between the foreign private investor and economic operators through the sanitation of the business environment. The second aspect of protection translates into guarantees to support the settlement of disputes with an offer of alternatives to trial and the revitalization of judicial mechanisms. The expected objective is to allow foreign private investors to preserve their rights. These different techniques, whatever they may be, have limits which require constant consideration of the dynamism of the business environment and the socio-economic and environmental concerns of the host States
Vaisse, Maryline. "L'utilisation des techniques contractuelles dans l'interprétation des dispositions testamentaires". Paris 8, 2006. http://octaviana.fr/document/119090724#?c=0&m=0&s=0&cv=0.
Testo completoSossa, Dorothé. "Techniques et moyens juridiques internationaux de lutte contre la corruption politique : (avec référence spéciale à l'Afrique subsaharienne)". Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7622.
Testo completoVasinondha, Kris. "Les organismes de surveillance du marché financier en Thaïlande : étude de l'adaptation des techniques juridiques françaises au droit thaïlandais". Paris 1, 2000. http://www.theses.fr/2000PA010273.
Testo completoComair-Obeid, Nayla. "L'ordre moral islamique et le contrat : contribution à l'étude des rapports du système contractuel musulman appliqués aux techniques juridiques du droit des affaires". Paris 2, 1994. http://www.theses.fr/1994PA020129.
Testo completoBeing recently independant, politicaly and economicaly, most of the countries of the middle east are reluctant to follow blindly the western legislation; instead they established their own juridical system based mainly on the islamic shari'a moral. The first part of this study do elaborate the impact of the moral rules related to the shari'a, on the formation of the contractas to preserve justice equity and consequently to prohibit all transactions related to usury (riba) and risk (garar). In the second part of the study we put a special emphasis on the impact of the moral order and its influence in shaping the most recent codification in the middle east countries. While the moral in the western legislation is pragmaticaly ispired ; it turn out to be religiously inspired in the islamic world. That is to say that any legislator who deals with the muslim world has to be aware that all transactions should pass through the screen of the islamic moral rules. Finally we hope that the study will help for a better understanding of the impact of the religious moral rules on the various transactions in the muslim countries
Joly, Cathie-Rosalie. "Le paiement en ligne : sécurisation juridique et technique /". Paris : Hermès science publications, 2005. http://catalogue.bnf.fr/ark:/12148/cb39979609j.
Testo completoBibliogr. p. 291-295. Index.
Violet, Franck. "Contribution à l'analyse juridique de la norme technique". Lyon 3, 2002. http://www.theses.fr/2002LYO33030.
Testo completoDucourant, Sam. "Bien-être en cage : normes juridiques, disciplines scientifiques et système technique". Electronic Thesis or Diss., Université Paris sciences et lettres, 2023. http://www.theses.fr/2023UPSLE007.
Testo completoAnimal welfare is the name of a tension between the production of norms and the production of knowledge. Through the study of the interactions between science, politics and factory farming, this dissertation sheds light on the concrete operators of non-human exploitation, conceptualized as a power system (dispositif). To write the history of battery cages from the early 20th century to the 1980s, I go through a wide range of unpublished archives, hubs between science and its world (institutional archives, technical reports, scientific publications, masscirculation newspapers, legal texts, patents, industrial regulations). I describe the constitution of animal welfare disciplines, i.e. their history, the elements and relationships that make them up, and the rules that govern them. I question the distinction between norm, knowledge and commodities production : they work together as operators of animal exploitation, but could possibly act as counterweights against it
Agosti, Pascal. "La signature : de la sécurité juridique à la sécurité technique". Montpellier 1, 2003. http://www.theses.fr/2003MON10012.
Testo completoArnaud, Cécilia. "Elaboration d’aliments nouveaux par hautes pressions : étude technique et juridique". Electronic Thesis or Diss., Nantes, Ecole nationale vétérinaire, 2017. http://www.theses.fr/2017ONIR103F.
Testo completoHigh pressure processing is an innovative technology for food preservation which consists in the uniform pressurization of a vacuum packed product. Moreover, eafood sector, in a huge expansion, must answer the consumers’ demands for healthier and less transformed food items. This research study reports on the evaluation of the pressurization impact on technological, organoleptic and nutritional characteristics of the muscle of a lean fish, cod, a fatty fish, salmon and a shellfish,Pecten maximus scallop following a cold storage. This innovative product correspond to Ready-to-Eat marinated and raw slices of seafood. The samples were subjected to a high pressure treatment of 150, 300 or 450 MPa and stored at 4 °C for 21 days. The pressurization impacts fish constituents (proteins and lipids), thus modifying the products physical properties (color and texture). A 450 MPa treatment is necessary to preserve cod and salmon until 11 days and scallop until 19 days. With this pressure level, the seafood product is acceptable for a crude consumption. Moreover, the marinade to go along with those products was formulated as an organogel to obtain innovative properties. In addition, a study of the legal aspect and the consumer’s perception of the high pressure technology was carried out. High pressure processing is regulated under the regulation Novel Food of 1997 which was revised in 2015. Consumers are receptive to the benefits of high pressure processing
Fortier, Kriegel Anne. "Le paysage dans l'espace français". Paris, EHESS, 2003. http://www.theses.fr/2003EHES0116.
Testo completoThe thesis has been built arround a meaning of the landscape. The landscape was never a stable reality, it is a transformation marked by the voluntary action of the men of yesterday and today. It is a large open book which reveals the history of human work, arranging, in support of the culture of life, a geography to live there. This major search of the history of the living environment makes it possible to invent the future. Traditionally in France, the territory of life is attached to the "commune", as a soil of practices, of experiments, piece of society, a republican space which interests all the citizens. This symbolic reference recalls that the treatment of the projects on all scales must be necessarily relayed by communities, because the landscape is work of collective intelligence, and its future can be organized only by democratic practice. Established like space, it is the voyage, the meeting carried out in the form of investigation through the areas which constitute the experimental corpus of the work of the thesis. Space makes it possible to represent the landscape and to lead to a useful synthesis to repair it, organize it and transform it. The representation nourishes crossing of multiple references, intuitions and dialogues. The method "quartenaire" developed is that of the comprehension of the project. It presents a value at teaching character. Attached to reality, the real world by confrontation with the ground and to alive by the drawing, ordered glance which opens the doors of imaginary, it leads by comprehension related to the meeting of the others on the expression of a right metaphor. By finding the share of the dream, it nourishes the creation of the expert and involves the adhesion of all. If one whishes to release from the elements founders for a harmonious landscape, it is advisable to affirm a vision of modernity, in courtesy with the site, indifferent to the warlike tendencies of the moment, that of an autonomous genius. Same manner, it is necessary to call upon the creative intuition to tfight the banality afflicting with an installation regulated by technical and legal standards. This request for a found collective intelligence poses the reconstitution of a thought share between the various disciplines, to develop together pedagogy, the council and the capacity to represent the landscape with an authentic participation of the inhabitants
Noizet, César. "Coopération décentralisée et développment local : les institutions et les structures juridiques au service des politiques de développement local". Reims, 2002. http://www.theses.fr/2002REIMD002.
Testo completoThe french local governments seized the opportunity offered by the law setting up the decentralization to lead by foreign local governments or authorities to pursue their local development and answer certain needs. The implementation of a policy of decentralized cooperation requires a state frame as well as a legal frame and adapted instruments. The state frame intervenes through the head administration, the being not concentrated administration and certain french bodies. However the decentralized cooperation has real reach only if the legal frame foresees the possibility for the local governments to participe in actions with foreign homologues. The french law authorizes local governments lead actions of cooperation but puts certain limits. The practice also imposes to differentiate the levels of cooperation, the cooperation for the development, the cooperation within the framework of the european Union and the cross-border cooperation, this last one crystallizing the legal problems. In this context the Concil of Europe attempts to propose solutions to States and local governments in the community interregional and cross-border frame. States try of settle themselves the problems put at the cross-border level by setting up communittees and by signing treaties negotiated by border. The realization of the actions of decentralized cooperation requires the creation of institutions and legal structures ; institutions are generally informal bodies to which the objective is to move closer to the partners ; the legal structures give concrete expression to the actions through bodies endowed with the legal personnality and to which local governments can within the framework of their internal law delegate certain competence
Benzekri, Abdallah. "Le régime juridique des experts internationaux et leur rôle dans le processus du développement". Paris 1, 1999. http://www.theses.fr/1999PA010293.
Testo completoLubac, Jean-Christophe. "Recherches sur les problèmes juridiques de la coopération internationale des collectivités territoriales". Toulouse 1, 2005. http://publications.univ-tlse1.fr/690/.
Testo completoAfter, on the one hand, having redefined the term “decentralized co-operation”, in “international co-operation of local authorities” and, on the other hand, defined the stake of territorial cohesion of intra-European co-operation and the stake of development aid of non-European co-operation, the analysis of the legal problems puts forward two parallel legal systems in the matter. The former, under of the State impulse, is governed by international treaties, the latter, under the local impulse, is governed by the law. These two systems provide a specific sphere of activity, rules of litigation under development, multiple actors with badly defined roles, and legal tools not always adapted to the fields of intervention of co-operation. The analysis of these four legal problems raises an empirical legal construction and results in reconsidering the matter. Indeed, it seems necessary to redefine globally the international co-operation of the local authorities around the two legal systems, and of the extra/intra European stakes, through a specific law, to provide co-operation, with the means of its ambition of development in a regained legal safety
Goulène, Alain. "La Joint Venture, une technique juridique de coopération avec l'Europe de l'Est : l'exemple roumain". Nice, 1995. http://www.theses.fr/1995NICE0021.
Testo completoThe international joint venture is the best legal device to point out the movement toward a transnational trend of the law. This operation sets up a legal entily, controlled by two or several partners bound together bw deep mutual trust. As a legal entity, joint ventures may have any corporate shape provided for by national law. The corporation, as an insturment, is governed by corporation law, that is only national law. On the other hand, as the legal ties which are set up between parners are affected through international agreements, the latter are submitted to any legal system chosen by the parties and are also characterized by the parties'wide freedom. Joint venture therefore include a twofold resulting from linked on the one hand to national corporation law and and the other hand to international agreements. This aspect can be found in any joint venture, specially those set up in eastem european countries, which are said to be countries in transition. Rumania is the most significant illustration to this political, economical and legal transition. Indeed, on the one side, because thue joint venture is a corposation under national law, ot enables the state's economic intervention through enactment of corporation law. This intervention is more significant when the rumanian partner is itself controlled by the state, which is the most frequent case today. On the other side, it will be possible to limit the effects of national public policy with the internationalizing of the operation. This internationalizing is done troblic policy with the internationalizing of the operation. This internationalizing
Farine, Elise Caroline. "De l’identité juridique de la femme : approche technique et philosophique de droit privé contemporain". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0212/document.
Testo completoThe notion of identity involves the presuppositions of private law withwhich the trend is marked by some «genericisms». That means conceptions who limitthe human gender's definition in specific and abstract features and withoutconsidering the sexually differentiated peculiarities. Nevertheless, the subject of rightwhen it's a feminine subject implies the considering of sexual characteristics, whichcannot be the same that those of the male subject.On the pretext of the gender equality, the right submits then the society to astandardization of the divergent interests and peculiar to every sex. It is then aquestion of showing at the same time the contribution of these conceptions, but alsotheir limits and thus the necessity of opening to the requirement of more«universalist» conceptions. Indeed, it must be demonstrated that only a universalitycan guarantee the recognition of the peculiarities and the feminine differences, suchas a feminine legal identity would admit it. If this study will face diverse currents andauthors of philosophy of the right, it will take for starting point the substantive lawestablished in its various disciplines, the criminal law with certain aspects of the laborlaw or the insurance law.The interest of the question is to allow a more precise evaluation of thequalifications around the woman as the subject of singular right, and by integratingthe contemporary criticisms, who were able to show the insufficiency of a simplygeneric thought to deal with questions so grave as the sexual differentiation in thecivil or labor law- criticisms who, however, hardly accepted the epistemological wayof the philosophy of the right in its specificity
Bemmoussa, Abdelouahab. "Le contrat "produit en main" - contribution a l'etude d'une technique juridique pour l'industrialisation de l'algerie". Rennes 1, 1988. http://www.theses.fr/1988REN11006.
Testo completoJorat, Magali. "La traçabilité dans le domaine alimentaire et sanitaire : étude du devenir juridique d'une norme technique". Grenoble 2, 2006. http://www.theses.fr/2006GRE21041.
Testo completoAs a technical standard, traceability in food and health field has been appropriate by private and institutional actors imparting it, thus, a legal meaning. This progressive way from a normative system to another has been connected to the food and health crisis context in which standardization has shown its limits. On the same way, the legal aspect of traceability has connection with the precautionary principle and presents some issues in a field linked to the risk factor and to the transformation of safety expectations in and by the law. The latter has become a privileged way of risks management, which cannot be limited to a domestic scope ; European and international areas are also concerned due to the fact that traceability - and the question of food and health safety – are interlinked with the free movement of goods. Despite the interest of the new legal norm in the risks management scope, its appropriation by the judge shows that the law has difficulties to take up a technical standard. This institutional actor is referring to this new concept with moderation though the litigation complexity of risks and the increasing technicality of law encouraged a whole appropriation. Therefore, traceability benefits from an imperfect increasing legal meaning in food and health field
Bemmoussa, Abdelouahab. "Le Contrat "produit en main" contribution à l'étude d'une technique juridique pour l'industrialisation de l'Algérie /". Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37611735d.
Testo completoLabbé, Éric. "Les équilibres juridiques à l'épreuve de la contrainte technique : conflits et défis normatifs de la société de l'information". Poitiers, 2006. http://www.theses.fr/2006POIT3008.
Testo completoContrary to legal norms, technical constraints are physical obstacles to the freedom of action. They constitute a mode of regulation, a normativity, that primarily operates on a material and asymbolical level. Stressed by the current development of information technologies, this new kind of protection generates normative conflicts with legal balances: anti-copy mechanisms prevent fair reproduction and cryptography prevents the search and the legitimate identification of illicit activities. Not only do the technologies of control contradict the legal speech, but they are also unable to follow the evolution of law, which is considerably more flexible by nature. On the contrary, a hermeneutic perspective reveals the unpredictability of legal norms and the reflexive function of law. How then to render the technical rigour compatible to the legal flexibility? The present thesis attempts to answer this question
Dulong, de Rosnay Melanie. "La mise à disposition des œuvres et des informations sur les réseaux : régulation juridique et régulation technique". Phd thesis, Université Panthéon-Assas - Paris II, 2007. http://tel.archives-ouvertes.fr/tel-00666307.
Testo completoDulong, de Rosnay Mélanie. "La mise à disposition des oeuvres et des informations sur les réseaux : Régulation juridique et régulation technique". Paris 2, 2007. http://www.theses.fr/2007PA020079.
Testo completoDufy, Bertrand Guillaume. "L'économie de l'industrie du disque à l'heure numérique : innovation technique et approche juridique depuis le début des années 1980". Bordeaux 3, 2008. http://www.theses.fr/2008BOR30043.
Testo completoThe purpose of this work is essentially to bring lighting on the links of three research domains within the framework of the evolution of the phonographic industry since the advent of the CD. These three domains are: the technological innovation applied to the phonographic industry, the study of the industrial structure of the sector, and the evolution of the frame of the intellectual property right and more particularly the copyright or French “droit d’auteur” which is a major feature of the phonographic industry. If the geographical frame of the study is global and thus concerns the world phonographic industry, a more particular attention was brought to the study of the French market. First, the purpose of this work is to study how, since the advent of the compact disk, the industrial structure of the sector evolved. For this we used numerous tools of analysis of industrial and financial economics. The second objective of this work is to understand the evolutions of the legal frame which is the base of the phonographic industry: the rights of intellectual property, in a national frame (copyright and French “droit d’auteur”) or international with the various evolutions of the international frame of the intellectual and artistic protection. Finally, this work suggests studying all these modifications through the prism of the technological innovation. Indeed, this last one is at the origin of most of these modifications and must be thus studied collectively with these first two research subjects. More globally, this thesis study which modifications intervened in the phonographic industry by trying to understand the links and the dynamics which links the domains of the technological innovation, the intellectual property and the industrial structuration of phonographic industry
Tserkezis, Georges. "Les Techniques de protection juridique dans les Etats membres assurant l'exercice effectif des droits des particuliers reconnus par le droit communautaire". Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37610409s.
Testo completoMaumont, Bertrand. "L'acte juridique en droit des personnes et de la famille". Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0130.
Testo completoDespite the increasing role granted to individual intent in the law of personsand family, the phenomena of intent as grasped by this body of law suffer from a deficientlegal construct. The links with the theory of the legal act are little explored or emerge onlythrough the distorting prism of the institutional and legalistic approach which is generallyadopted.Breaking with the myth of the autonomy of the law of persons and family, this thesiswill seek to demonstrate the contribution made by this branch of law to the general theoryof the legal act.It is possible to go beyond the apparent specificity of the phenomena of intent byusing a modern theory of the legal act. Based on a principle of causality describing thepermanent link between intent and objective data, shaped by a set of "techniques", thegeneral theory is sometimes improved, sometimes enhanced under the influence of the lawof persons and family.From all this, it follows that the common law of contract is intended to apply, atleast alternatively, in the context of “initial” techniques, similar to those enshrined in thetheory of contract. As for "integrated" techniques, which show the real distinctiveness of thepersonal or family legal act, they do not derogate from the general theory and are evenlikely to benefit from its transversality. In any case, a specialised law emerges from thelegal act that ought to be conceived as such both by doctrine and practitioners
Coudrais, Maud. "Analyse empirique et théorique des obstacles à la synthèse entre technique juridique et justice particulière et des moyens de sa réalisation". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32042.
Testo completoThe study of the connections between Legal Technique and Particular Justice in Aristotle’s sense reveals their possible contradiction. On one hand, taking into account the formal dimension of Legal Technique can obstructs the fulfilment of Justice. On the other hand, and conversely, taking into account the material dimension of Justice sometimes leads to the non compliance with the formal constraints of Legal Technique. The synthesis of Legal Technique and Justice involves as much a theoretical effort as a practical one. The conceptual separation of means and end must be abandoned in favour of a conception of Legal Technique wich includes its end. Finally, the interdependence and the complementarity of the sources of Legal Technique must be more recognized and ensured
Basset, Antoine. "Pour en finir avec l'interprétation : usages des techniques d'interprétation dans les jurisprudences constitutionnelles française et allemande". Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100146/document.
Testo completoWhen one admits with legal realism that methods of interpretation cannot give the one good answer to a juridical case, and thus cannot assure that the judge is bound to the limits the separation of powers imposes on him, it becomes possible to change the perspective on these techniques. They now can be regarded as revealing the institutional constraints which affect the judge. The first part of this dissertation examines how the judge is writing the constitution. Based on G. Genette’s theories on hypertextuality (hypertextualité) it is possible to describe two different types of interpretation (imitation and transposition). The different interpretational choices made by the French and German judges seem to confirm the general impressions: the German Federal constitutional court (Bundesverfassungsgericht) has a bigger power on shaping the constitution than the French Conseil constitutionnel. The second chapter demonstrates how this difference has a bearing on the two court’s institutional actions. The German judge is more straightforward when it comes to dealing with the legislator, deliberately using the instruments his position as a constitutional judge are offering. The French judge, on the other hand, seems more reluctant in this respect. Vis-à-vis the other judges, the constitutional judge (supported by more direct means of action, such as the constitutional complaint) can take a more and more preponderant position, corresponding to his understanding of the constitution. In France however, the lack of constraining procedures between the different courts results in a system of negotiations – oftentimes to redound to the normal judge’s advantage. Both constitutional courts are exposed to a similar constraint (the articulation between existing juridical system and the system of the constitution). The methods of interpretation are useful to them in order to bring different answers
Einmal angenommen, wie im Legal realism, dass die Auslegungsmethoden nicht zur einzigen richtigen Lösung eines Falles führen und daher nicht für die richterliche Beachtung der von einem System der Gewaltenteilung gesetzten Schranken bürgen können, wird ein Perspektivenwechsel möglich und aufschlussreich. Somit können die Auslegungsmethoden als Ausdruck der institutionellen Zwänge, denen die Richter ausgesetzt sind, betrachtet werden. Der erste Teil dieser Dissertation beschäftigt sich damit, wie die Verfassung durch den Richter geschrieben wird. Anhand der von G. Genette entwickelten Hypertextualitätstheorie werden zwei allgemeine Auslegungsmodelle (Mimesis und Übertragung) ausgearbeitet. Dabei wird gezeigt, dass der vom deutschen und französischen Richter jeweils unterschiedlich gewählte Pfad einen ersten Eindruck bestätigt: das Bundesverfassungsgericht ist mächtiger wenn es darum geht, die Verfassung zu gestalten. Gleichzeitig hat jener Unterschied eine spürbare Wirkung auf das institutionelle Handeln der Gerichte, worauf im zweiten Teil der Arbeit eingegangen wird. Dem Gesetzgeber gegenüber wagt das deutsche Gericht mehr und ist freimütiger als das französische Gericht mit den ihm (als Verfassungsgericht) genauso wie seinem Homolog in Paris zur Verfügung stehenden Instrumenten. Auch nimmt er in seinen Beziehungen zu den anderen Richtern er eine fast überragende Stellung ein (was Verfahren wie die Verfassungsbeschwerde erleichtern), die seinem Verständnis des Grundgesetzes entspricht. Im Gegenteil dazu führt in Frankreich die strenge Trennung zwischen den drei hohen Gerichten zu einem System der Verhandlung, meistens zugunsten des Fachrichters. Anhand der Auslegungsarbeit beantworten somit beide Gerichte die Frage der Eingliederung der herkömmlichen Rechtsordnung und der Verfassungsordnung unterschiedlich
Chicot, Pierre-Yves. "L'affirmation juridique de l'exercice de la compétence internationale locale : l'exemple de l'action extérieure des départements-régions français d'Amérique". Caen, 2002. http://www.theses.fr/2002CAEN0063.
Testo completoGuyet, Guillaume. "Le concept d’autonomie dans les obligations privées : Aspects techniques et philosophiques". Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40026.
Testo completoWe became used to adopt some concept of autonomy a perception which is the one of a decline, largely predicted from the XIXth century at the critical authors of the contract. All arguments contributed to this interpretation and many things seem to go this way. Actually, the concept uncovers a classical upheavel of distinctions whiches verifiable from the point of view of sources or authorities defining langage (legislative, judicial autonomy). In fact, the first autonomy of subjective nature was not as contradicted as it was supposed to. The individual or collective autonomy continues to define the legal person according to a more or less narrow tenure of its rights, liberties, capacities or powers. As a matter of fact it contributes to focus on an essential frame and persists in a kind of moral control of the wills and of the individual identities confronted to excessively objective mechanisms. A similar resurgence of the ancient roman law vocabulary, under the pretext of contractual balance, paradoxically allows a destabilization between the parts. So it is to the renewed autonomy strong on new requirements that we appeal. A moral plan succeeds the theoretical plan under the perspective of the protection of the wills. The autonomy adapts itself while remaining in compliance with an original subjective sense. She could become a reference of regulation, including for the international contracts. French law would then have an opportunity to recover, at least from the point of view of the interpretation
Li, Bei. "Les arrhes : étude franco-chinoise". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020026/document.
Testo completoBy choosing the earnest money as the subject of comparison, the present study tries to illustrate the relationship between the legal technique and the legal function on the one hand, between the function of a legal institution and its legal regime on the other.The technique and the function are two distinct components of the deposit. The technique of deposit is the same in the two contrary, where as its functions differs a lot. At the same time, there is an interdependance between those two elements. The function of the deposit determines the role played by the technique. In return, the efficiency of the function depends on the legal technique used. The functional difference also has an impact on the legal regime of the earnest money. Firstly, the problem of judicial control of the clause are not solved in the same way. Secondly, the legal effets produised by the contract of deposit varies according to the its different functions. The present study shows the necessity to assure the adequacy between the function of a institution and its legal regime.Through this research, we intend to provide an over view of the two legal systems, in order not only to give the french readers a complete picture about Chinese law, but also to bring to light the divergences which seperate French law and Chinese law. The massive use of the chinese courts' decisions constitute a remarquable feature of present work
Scotti, Jean-Charles. "Évolution technique et répartition des compétences entre le corps médical et la profession infirmière dans les hôpitaux publics". Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32052.
Testo completoDuhamel, Jean-Christophe. "Le pouvoir du capital dans la société anonyme : essai sur la société anonyme en tant que technique d’organisation du pouvoir juridique et structure de concentration du pouvoir économique". Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20008.
Testo completoA conceptual analysis of the power of capital in a corporation involves distinguishing between legal and economic power. The legal power of capital classically refers to an organic prerogative but also has to be analyzed according to the theory of power in private law. Hence, shareholders have to exercise an altruistic prerogative for the benefit of interests other than their own. Indeed, corporate law is organized around several interests that may conflict with individual shareholder interests, for example the common interest of shareholders or even the purely selfish interest of the corporation. However, this classical theory of legal power is challenged by the doctrine of corporate governance whose current expression of economic power in corporate law can be defined as the capacity of economic entities to reduce risks. By modifying managerial conduct, this doctrine aims to reduce the risks related to the investment in listed companies. Corporate governance is a phenomenon of economic power, not legal power in the corporation. A realistic assessment of this power leads to the conclusion that it is ineffective in reducing investment risks
Massager, Nathalie. "Les droits de l'enfant à naître: le statut juridique de l'enfant à naître et l'influence des techniques de procréation médicalement assistée sur le droit de la filiation :étude de droit civil". Doctoral thesis, Universite Libre de Bruxelles, 1997. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212236.
Testo completoDjekouri, Badjo. "Les collectivités territoriales à l'épreuve de la coopération décentralisée. Approche juridique et évolution pratique d'un nouveau type de partenariat entre la France et la Côte d'Ivoire. (L'expérience des régions Franche-Comté et l'Ouest montagneux)". Paris 5, 2003. http://www.theses.fr/2003PA05D010.
Testo completoThe decentralized co-operation which is based on a new type of partnership takes root in research of the durable development of which one of the solutions resides in the restoration of dies of management of the development aid. It is thus the means of diversification and decentralization of the decision-making centre as regards management of the policy of international co-operation especially relative to this help. Also, in margin of the purely official international relations and exclusively policies build it e new give incarnated by the decentralized co-operation of the local authorities still called co-operation “of community to community” to this end, these people take note which are not classified easily in a precise category or a single legal order because pf existence sometimes of several elements of extraneity. From the point of view of the construction of a harmonized Community space, the local authorities and in particular the areas become the instrument of implementation of the European policy. Thus, reforms is structural funds and the creation of national commission of decentralized co-operation take part of the achievement of this objective. Consequently, an important and coordinated engagement is started in favour of the interest of this new exercise of local freedom. This step will become the point of support of a convergent orientation of the local policies for an official recognition of the international action of the local communities. So that the change of he NORTH-SOUTH relations remains especially characterized by the entry in scene of local authorities thus marking the end of the official monopoly and the beginning of emergence of the local authorities in the international relations of the development. In this moment, the decentralized co-operation becomes the new alternative of the economic and social development. In the analysis of this decentralized co-operation, the legal approach of the acts and actors of this new type of partnership are an important shutter. It contributes to the determination of the nature of concluded conventions. As for the aspects of its practical evolution, it seems like the development and the implementation of these conventions or of the projects which they contain. The partnership experiment of the local authorities of franche-comté and west-mountainous of Ivory Coast aims to elucidate all these remarks
Galey, Matthieu. "La protection de l’environnement en droit anglais. Propriété, puissance publique et développement soutenable dans un contexte de common law". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020097.
Testo completoNo summary
Ariankia, Reza. "La technique de la joint-venture au sein de l'industrie pétro-gazière internationale : contribution à l'étude juridique sur les architectures contractuelles pratiquées par les principaux acteurs pétro-gaziers en amont". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D004.
Testo completoThe joint venture is a legal technic closely related to the international upstream oil and gasindustry. Practically, it corresponds to very diversified contractual architectures based ondifferent legal engineering. Since its creation in the USA oil and gas industry, the technic ofjoint venture with its great congenital adaptability has generated various versions assistingthe legal relationship of international players in this field. Legal structure of each of itsvariants has its particularities formed according to the strategies, objectives, needs,experiences, means and technical, financial and managerial limits surrounded participants. Inthis context, the study of the role of this technic in the contractual framework between twooil and gas main players in the second half of the 20th century is very important. Indeed, uponit enters in the legal relationship between oil and gas producers countries and international oiland gas companies, the technic of "participating joint venture" has gradually become a keystrategy of producers countries in their upstream oil and gas sector. In other words,regardless of the principal contractual structure of the host-state in upstream oil and gassector, where it or its dismemberment participates with an international oil and gas companyin exploration and development projects, the use of legal technic of the joint venture isindispensable. The impact of such participation on the joint venture is considerable. Thepresence of a participant with public powers within a petroleum joint venture affect the paritybalance among participants and therefore influence its legal structure, and the process of itsformation and its functioning
Cortes, Thomas. "La personnalité morale comme technique de droit public". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020092.
Testo completoOften presented not only as a fundamental legal concept, but also as a founding notion of modern public law, corporate personality is the result of the collective work of jurists. They are the ones who created it and continue to shape it. While being bound by it, corporate personality also constitutes a tool which provides them with a range of resources from which they can draw. Defined more precisely as a form of individualization of a group, resort to this technique is likely to affect the structure of public law. Through a semantic study of the notion of corporate personality, an analysis of legal discourse contributes to showing how the meaning determined by legal actors is at the origin of both its development and its sterilization. Indeed, the more legal doctrine endeavors to establish its strictly legal sense, the more it will be reduced to nothing or almost nothing. As a concept, it is a point of imputation which does not provide any indication on the legal prerogatives attached to corporate bodies that benefit from this qualification. As for the differences in their legal status, they are attached to the notion of organization. As a rhetorical device however, corporate personality aims at ensuring the success of an argument which it contributed to shaping. This metaphor would thus assume a heuristic function in the construction of corporation law as well as a hermeneutical function in the definition of their prerogatives. Ultimately, corporate personality is a device of legal discourse that contributes to the inclusion within a single rationality system of the different phenomena which it covers
Annamayer, Elodie. "Recherche sur les spécificités de l'encadrement juridique des produits innovants : étude dans les domaines de l'environnement, de la santé et de l'agro-alimentation". Electronic Thesis or Diss., Bordeaux, 2021. http://www.theses.fr/2021BORD0365.
Testo completoOn the basis of the doctrinal study of legal systems applicable to innovative products, we often assume that it is necessary to draw up specific rules as a response to the unsuitable ordinary rules of law to supervise them. The specificity sought in this doctrinal work refers to the linkage between special law rules and ordinary law rules which have initiated their legal system. This thesis proposes an unpublished approach which is to seek if there is a specific way to provide the areas of environment, health and agri-food in a legal framework. Based on a comparative work between the legal system of the innovative products and those that are not or no longer considered as innovative, we argue that there are no real specificities in the production and the enforcement of the rules of law applied on innovative products. The demonstration relies on the analysis of national and European sources, and on the rules and instruments providing access to the market without neglecting the measures for their implementation by the national and European institutions. The same legal techniques are used to make (harmonization of national legislations, exercise of a right to national differentiation) and enforce (development of co-administration) these rules of law. However, due to the principle of primacy of EU law, we can highlight a stronger normative intensity of European origin with regard to the innovative products. The source of these specificities lies less in the legal techniques used than in the constraint of EU law on national rights in the framework of innovative products. While these specificities are qualified concerning the production of the rules of law applied to innovative products, they are more accentuated under their execution
Tomas, Stanislovas. "Chamanisme de la Cour européenne de justice et de la Cour européenne des droits de l'homme (techniques d'interprétation dans les domaines de droit des affaires, de droits de l'homme, de droit institutionnel), et sa publicité". Paris 1, 2010. http://www.theses.fr/2010PA010279.
Testo completoRapatel, Philippe. "Intéret d'une approche explicative de type énonciatif dans l'enseignement de l'anglais dispensé a des étudiants spécialistes d'autres disciplines : appropriation et pratiques des temps, aspects et modes chez des étudiants juristes". Lyon 3, 1995. http://www.theses.fr/1995LYO31001.
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