Rozprawy doktorskie na temat „Cession – Propriété”
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Plateaux, Wistan. "La cession des biens publics". Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090017.
Pełny tekst źródłaEven though the disposal of publicly-owned assets is occurring more and more frequently, these activities remain doctrinally unclear. The discrepancy between the theory and practice of such disposals can be explained by their uncertain position between public law and private law. Consequently, when considering such disposals, attention is paid to their classification and the exercise of judgement which goes beyond the traditional distinction between public and private domains in favour of the application of a single principle of public ownership. This concept has as consequence the modernization of administrative property law in the context of public ownership with an emphasis on the criteria of institutional law. It also has the advantage of being put into practice immediately without intervention from the legislature. However, this model will only be sustainable if it can maintain a balance between the prerogative of the administration-owners and the continuity of public services. To maintain this legacy, the constitutional basis of the law of publicly-owned assets must be confirmed explicitly
Rogers, Dominique. "La cession des patrimoines immobiliers des personnes publiques". Montpellier 1, 2008. http://www.theses.fr/2008MON1A010.
Pełny tekst źródłaMogade-Saint, Auret Willy. "La cession entre proches". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D085.
Pełny tekst źródłaThe system of transfer of the corporate holdings of the company applicable between members of the same family is certainly privileged. But the legislator only takes into account some of them namely, ascendants, descendants and some collaterals. However, shares or stocks are part of the family's patrimonial assets. This incorporation serves as a pretext for better management of the family patrimony, but also for its transfer within the family. The often unstated aim is the sustainability of the family business within the family. However, legislator still does not recognize all types of contemporary family patterns. And for good reason, the notion of family is not defined in law. Yet this definition would be very useful to submit the transfers between relatives to a specific regime. The consequence is that business practice has developed a lot of rules to allow family partners to either stay together in society or get out of it. Indeed, the vagaries of family life command shares disposal. These are often extra-statutory pacts that serve as a support for the sale of securities. The problem is that they only commit their signatories. In other words, non-signatory family members of these pacts are not affected by them. Yet they are part of the same company and the same family. Can they raise a challenge in court? Because in many ways, these pacts are often on the borderline of illegality, including the prohibition of pacts respecting a future succession. Could the transferor's freedom of assignment be prevented in the context of a family company? The element of response is undoubtedly in the consecration of the family pact, a new independent legal tool designed to effectively supplement the company statutes
Maugard, Florian. "La rétraction du domaine". Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10072/document.
Pełny tekst źródłaLe résumé en anglais n'a pas été communiqué par l'auteur
Emerich, Yaëll. "La propriété des créances : approche comparative". Thèse, Lyon 3, 2004. http://hdl.handle.net/1866/2457.
Pełny tekst źródłaThe question as to whether ownership can bear on claims is a controversial one in Romano Germanic legal systems. Yet the on-going trend towards the dematerialisation of wealth invites legal experts to ally ownership and claims much in the same way in which, in ordinary parlance, people are said to own personal rights. Both history and economics would seem to point to a common recognition of the property nature of claims. Yet acknowledging the possibility that ownership bear on claims is no longer enough. The consequences of viewing the object of ownership as extending beyond material things must be recognized more generally. This is what the recent Civil Code of Québec appears to have done. Just as the material conception of ownership rests upon a technical infrastructure of the law of property, so too does the extension of ownership to claims require the elaboration of a technical regime. Traditionally obscured by a theory of titularity of rights, ownership as a means for explaining title to claims has the same juridical nature as ownership of things. Simply stated, ownership adapts to the object to which it attaches. Just as ownership can accommodate both movable and immovable property, so too can it be adapted to accommodate the peculiarities of claims as the object upon which it bears.
"Thèse présentée à la Faculté des études supérieures de l'Université de Montréal en vue de l'obtention du grade de Docteur en Droit (L.L.D.) et à l'Université Jean Moulin Lyon 3"
Riano, Saad Anabel. "La cession de créance en droit français et en droit colombien". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020084/document.
Pełny tekst źródłaThe assignment of claims is a mechanism enshrined in both French ordinary law and Colombian ordinary law. According to the classical analysis in these two legal systems, the assignment of claims is a contract transferring the obligation considered active. Thus, the obligation would pass as it is from the patrimony of the assignor to that of the assignee. The debtor of the assigned claim would therefore have nothing to fear as the obligation would not be affected by the assignment. He would remain liable to the assignee in the same terms as he was to his original creditor: the assignor. The assignment of a claim would thus operate a mere transfer of an intangible property. Despite the anchored nature of this conception, it is open to criticism. The obligation remains above all a legal bond so that the idea of its transmissibility, at least by inter vivos transaction, is not convincing. In fact, we can notice that the assignment of claim creates a modification in the obligation by change of creditor, without the debtor's consent, the passive subject of the legal bond. The debtor thus undergoes such a modification, which is never without consequence on his legal situation, which explains why he deserves special protection. Hence the classical attempts to qualify the debtor of a party or third party in the assignment and, consequently, the question whether the assignment produces a relative effect or an enforceability effect in his regard is undesirable.However, this analysis must not hide this other truth: the assignment of a claim is also an act transferring of the claim, which is intangible property, not to be confused with the obligation, even if the relationship between the claim and the obligation is narrow. As an act transferring of the assignment, intangible property, the assignment presents specificities which prevent it from being framed in a particular legal act. Indeed, the assignment allows the realization of different legal operations, which explains its versatile nature. Moreover, the intangible nature of the claim explains the specificity of certain rules governing the relationship between the parties and the assignment and that relating to third parties and assignment, in particular, those relating to the extent of the transfer and the guarantee owed by the assignor to the assignee as well as those concerning the effectiveness of the transfer to third parties
Mignard, Cédric. "Le crédit-bailleur mobilier face à la procédure collective du crédit-preneur". Electronic Thesis or Diss., Toulon, 2019. http://www.theses.fr/2019TOUL0127.
Pełny tekst źródłaA finance lease arrangement is a financing technique whereby the financial lessor acquires ownership of a property for the purpose of leasing it to the lessee who has a call option at the end of the irrevocable rental period. In the event that a collective procedure is opened against the lessee, the financial lessor is necessarily affected. The firms in financial distress rights offers the competent body the possibility of requiring the financial lease arrangement’s continuation, with no consideration other than the contract’s execution under its initial conditions. It is also possible for the court to require the financial lessor to transfer its contract when a disposal plan is considered. The financial lessor must also ensure the preservation of its interests by reporting, like any other creditor, its accounts payable arising prior to the opening judgment, while a second declaration of claims may be necessary where appropriate, when the contract is continued beyond the opening judgment. As the owner of the property, subject of the credit agreement, the financial lessor nevertheless has a real opportunity of being disinterested of part of its receivables. However, its owner status must be opposable to the insolvency proceedings. Property as well as the lease are, in this context, diverted from their natural roles. The financial lessor’s ownership is then limited to the transaction’s guarantee, which leads to establish a parallel between the title retention clause and the trust by way of security
Masson, Romain. "La valorisation des biens publics". Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100094.
Pełny tekst źródłaThis research aims to identify and define the concept of valorization applied to public properties based on its double foundation, the right to property and the proper use of public funds. This concept is based on two components, exploitation and disposal, which highlight the multiple forms of valorization : economic, social, environmental. These valorisation events renew the analysis in order to better understand the stake of the reform of the law of the public properties, the way in which the valorization has influenced this right and the evolutions to come. Thus, the approximation of state regimes has made it possible to soften and modernize valorization tools and the legal principles governing the public domain. This rapprochement should lead to a unification of jurisdiction for the benefit of the administrative judge. In addition, under the impetus of the valorization, new obligations are imposed on the public owners : competition of the public occupations, inventory of the properties, valorization of the future
Boisson, Alexis. "La licence de droit d'auteur". Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10063.
Pełny tekst źródłaIn the field of the author's right (a concept with a controversial identity), the nature and regime of many contracts is a subject for debate. A traditional but somehow uncertain terminology has often led to infer the originality of most of these contracts. However, this peculiarity is only apparent. From literary publishing to audiovisual contracts through creations published on networks, not only can the author of a work "assign" it – as stated by the law – but also rent it, or in other words license it – even though the law does not state it. This observation rests on a renewed reading method applied to the author's right contracts. Focusing on some of these contracts (e. g. books publishing, audiovisual production, etc.), mandatory copyright law hindered the study of license itself, i. e. the act by which an author authorizes the exploitation of his work for a fixed time. License is a special contract in the field of author's right ; it is also a basis element in a complex agreement designed to organize an exploitation. These two objects should therefore be distinguished and their interactions thoroughly analysed. A "special" right, the author's right nevertheless proves able to host (to a certain extent) the typical process of contract right – a "common" right. The present study aims to attain a better understanding of a complex matter, the author's right contracts, not forgetting the main purpose of the law itself : the protection of the author
Segaud, Adeline. "Contribution à l'étude de la propriété des créances". Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2009.
Pełny tekst źródłaUnder the effect of repeated use of the concept of ownership of receivables by the legislature and the courts, the urgency of developing a theory of property claims appears. This subject still arouses controversy, reservations, questions and uncertainties. The combination of property and debt is often seen as a heresy. Indeed, the notion of ownership of the claims is generally condemned, not only because the ownership of tangible property is considered the only real property, but also because it seems to fit easily into the traditional distinction between real rights and personal rights. Yet is it not logical to ask whether the repeated use of the phrase "property claims" only a linguistic slippage without real significance, or whether the expression a reality which would have emerged by the vector of language? The doctrinal condemnation of property claims is not she pa on theoretical assumptions? The main goal of this thesis is to decide on the theoretical possibility of the concept of property claims. Can we legally use the term ownership in its technical sense, to designate the relation between the creditor's claim, or whether to stick to the notion of authorship? In truth, this question of the existence of the concept of ownership of receivables is important because it is also referred to the protection of the debt through property rights. Once the adjustment of property rights claims made, these intangible assets will effectively more than slipping into the mold of the property and that feed on the fundamental interest of this notion, the benefit of its certainly very effective protection. Throughout this work, however, one discovers that only the relaxation of the rigor of the classical definition of property reconciled to the consolidation of claims that makes possible the compatibility of both concepts
Boisson, Alexis. "La licence de droit d'auteur". Electronic Thesis or Diss., Montpellier 1, 2011. http://www.theses.fr/2011MON10063.
Pełny tekst źródłaIn the field of the author's right (a concept with a controversial identity), the nature and regime of many contracts is a subject for debate. A traditional but somehow uncertain terminology has often led to infer the originality of most of these contracts. However, this peculiarity is only apparent. From literary publishing to audiovisual contracts through creations published on networks, not only can the author of a work "assign" it – as stated by the law – but also rent it, or in other words license it – even though the law does not state it. This observation rests on a renewed reading method applied to the author's right contracts. Focusing on some of these contracts (e. g. books publishing, audiovisual production, etc.), mandatory copyright law hindered the study of license itself, i. e. the act by which an author authorizes the exploitation of his work for a fixed time. License is a special contract in the field of author's right ; it is also a basis element in a complex agreement designed to organize an exploitation. These two objects should therefore be distinguished and their interactions thoroughly analysed. A "special" right, the author's right nevertheless proves able to host (to a certain extent) the typical process of contract right – a "common" right. The present study aims to attain a better understanding of a complex matter, the author's right contracts, not forgetting the main purpose of the law itself : the protection of the author
Ben, Ali Prieur Nabila. "Les contrats d'exploitation des biens immatériels : étude de droit français et marocain". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA022/document.
Pełny tekst źródłaIntangible property owned by companies consists most often of the industrial property rights or a secret know-how. Their indirect exploitation, national or international, is made through the concluding of various contracts of exploitation. With the globalization, these contracts are at the heart of the modern economy and constitute one of the most important tools of technology transfer. This dissertation offers a global analysis of the various contracts of exploitation of the industrial property rights and know-how in Moroccan law and in French law. The first part of the thesis exposes their general regime under contract law, industrial property law and competition law. The second part proposes a unitary analysis, which views the problems raised by each type of these contracts in these two legal systems and treats their specific regimes
Bacouelle, Johanna. "La condition juridique de l'artiste-interprète". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010301.
Pełny tekst źródłaThe legal position of the performer consists in a narrow interweaving of the labour law and intellectual copyright rights. Each source of rights bandles different times related to performing artists's activities. Labour law refers to the performer as a worker. Salaried staff status is predominant since the legislator bas introduced a presumption of employment. Literary and artistic property rigbts focus on the result of the creating process on which performers benefit from rights related to copyright. Performing artists are indeed at the heart of a delicate joint between the freedom of speech inherent to their activity and the legal subordination which characterises salaried staff relations. Actually, the labour law is not unaware of the peculiar nature of performing artists's activities. On one band, the salaried artist is exempt from the usual requirements of legal subordination; on the other hand, room is left to artists hoping to work as self-employed. Although a double legal protection exists, performing artists remain a fragile subject of law. They are often considered as precarious workers with the generalization of flexible forms of work and their neighbouring rights are often seen as a poor relation. Performing artists are even more so weakened that their right is subject to protests on the Internet. The power relationship with the players in the digital economy is uneven and grievances from the public are very strong. There is a need to define a more equitable frame
Sicot, Julien. "Les participations en nature dans la fiscalité de l'urbanisme". Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10041.
Pełny tekst źródłaThe taxation of town planning comprises in its centre the participations in kind. We identified the masbeing the free transfers of ground and the participations for the realization of work. They do not have actually any the characteristics of the modern taxation. Genuine sui generis mechanisms, these participations have a legal nature with difficulty indentifiable. However the study of jurisprudence makes it possible to requalify them in contract. Besides complexing our legal landscape and the matter, the participations in kind are not easily reconcilable with some principles of the substantive law, in particular the property right and the right of the public contracts. There form of the taxation of the town planning of December 29th, 2010 wanted to make this taxation more readable and more productive. This goal is partly achieved. This reform is incomplete since some participations, in particular those in kind which are most criticizable with our direction, remain. Only the free transfers of grounds of the R332-15 article of the code of town planning were censured during two procedures of priority question of constitutionality
Marie, Géraldine. "Droit européen des contrats de valorisation des biens immatériels : Essai de comparaison du régime des contrats en droit français et en droit anglais". Strasbourg, 2011. http://www.theses.fr/2011STRA4018.
Pełny tekst źródłaIn view of harmonizing contract laws in the European Union, it is necessary to compare the existing national legal systems. In particular, we undertook a comparative study between French and English contract laws for exploitation of immaterial assets in order to understand how each system deals with security, contractual justice and allows the circulation of immaterial assets such as trademarks, patents and know-how. In both countries, these contracts are based on general rules of contract law, as well as exceptional rules dictated by the specificity of their object. In French law, assignment and licensing agreements are respectively treated as sales and rental contracts. On the contrary, in the absence of any property right, the know-how agreement is regarded as a contract for services. In addition, French law reinforces the implied terms of these contracts according to the general principles of “good faith” and equity. In contrast to French law, freedom of contract appears to be prevalent in English law as discussed in this thesis. The thesis also studied the influence of European Union competition law on the contracts relating to trademarks, patents and know-how. These contracts have become instruments of market regulation through the control of contract terms carried out according to cartel law. This regulation allows a fair balance between the interests of parties and competitors. In conclusion, the contracts for exploitation of immaterial assets should be viewed as a frame for implementing access to innovation and wealth
Diallo, Thierno Abdoulaye. "Les propriétés-sûretés en droit de l’OHADA : comparaison avec le droit français". Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD060.
Pełny tekst źródłaProperty-security (title for security purposes) was enshrined in the OHADA law during the reform of the Uniform Act on the organization of security rights on December 15, 2010. This thesis then aims at pointing out the similarities and the differences between the OHADA’s property-security law and the French law. It also challenges the accuracy of recognizing to the owner of the title for security purposes a right in rem in connection with the property concerned, as property-security cannot, as to the law, be assimilated to an ordinary property. By contrast, this study shows that property-security has to be seen as other traditional real guarantees. Therefore, both the OHADA and the French legislators are called to shape the legal regime of the property-security in accordance with that of the traditional real guarantees
Guillen, Denis. "La cessation et le transfert de l'activité en agriculture : dissocier le droit d'exploiter du droit de propriété". Toulouse 1, 2011. http://www.theses.fr/2011TOU10069.
Pełny tekst źródłaThe question of land ownership and its working is still today and more than ever in the heart of farmers' preoccupations. Their attachment to land is so deep, as far as its ownership and the right to work it are concerned, that they take the greatest interest in preserving and more particularly in transmitting it. That's why the link between land ownership and the right to work this land appears as an essential and topical issue, worsened by both the burden of the constantly increasing land tax and by a difficult economic context. To a wider extent, this situation applies to farming in general considering the close link that exists between land and the other elements involved in the pratice of such an activity. What's more, the constant interweaving of the activity and the patrimony makes the task even harder. And it's precisely when the time has come to transmit, that the right to own and the right to exploit suffer most from the lask of harmony between these two rights. They can sometimes clash contrary to all good sense and go against the durability of the farm. Since there is an obvious clash between these two rights, our research has been carried out into their dissociation in order to analyze how their separation can make the transmission of farms easier. This approach has allowed us to verify the limits of these two rights and how they can be dissociated. In connection with this, we suggest some changes and we also give some advice to pass on to the farming profession
Auvinet, Emmanuel. "L'imposition des revenus tirés des cessions et concessions internationales de marques". Paris 1, 1987. http://www.theses.fr/1987PA010276.
Pełny tekst źródłaThe french legislation does not embody any specific clauses which are favourable to the beneficiaries (inventors) of revenues from international transfers of trademarks. The situation is alike in many other countries, at least when the transfer is executed within the framework of an industrial and commercial activity. A survey of tax conventions concluded by France shows that the oecd principle of exclusive taxation within the state of the beneficiary has been adopted by a majority. To conclude, it should be mentionned that royalties could be used as a means of tax evasion by international firms