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Boyer, Kevin. "Les droits de la défense dans le système judiciaire haitien". Electronic Thesis or Diss., Toulon, 2022. http://www.theses.fr/2022TOUL0153.
Pełny tekst źródłaThe haitian legal system has significantly weakened these past thirty years. The courts are facing permanent malfunctionning. This fragility fits in a larger context of a country that has political, economical and social difficulties. However, the complexity of the legal situation has an important impact on the effectiveness of the defense's rights, particularly in civil matter. Despite the fact that some legal progresses were made, the procedural guarantees during the trial does not protect enough the parties in the haïtian law.This study of the defense's rights in the haïtian legal system tries to analyze the effectiveness of these rights before, during and after the trial. It points out the legal and extra-legal causes that could explain the ineffectiveness of the defense's rights in the country. In the light of the dynamism of the french law, under the impulse of the European convention of human rights, this thesis tackles suggestions to improve the procedural guarantees of all parties in the haïtian legal system
Dbouk, Hussein. "La tentative en droit comparé : Liban-France". Perpignan, 2010. http://www.theses.fr/2010PERP0989.
Pełny tekst źródłaThe lack of providing a clear definition of the criminal attempt concept in the Lebanese and in the French criminal laws oriented our study to alleviate this lack, as much as possible, going through a goal even more important than the theoretical division of the offender committed acts into two groups: the beginning of execution, which is punished, and the preparatory acts which is unpunished. Its practical methodology is essentially very important, where as the same material act is qualified as an act of execution or as a preparatory act, it might be punished or not. This question of qualification is entirely based on the interpretation of the beginning of execution concept. Generally, the modern criminal codes set the level of criminality by the beginning of execution, which characterizes the attempt. Indeed, both Lebanese and French codes haven’t proposed, neither a definition for the beginning of execution concept, nor provided a criterion for distinguishing the beginning of execution from the preparatory act, which remain in principle, unpunished. On this subject, the doctrine is very contested, and also divided between two opposing concepts; one is objective, and the other is subjective. The study of the criteria adopted by Lebanese and French case law allows to give a clearer definition to the concept of attempt, knowing that the comparison between the various proposed solutions and the multiplicity of types of crime makes it difficult to find a single model of the beginning of execution, because the situations are very different from one offense to another
Ranjatoson], Liva Caroline. "Les salaires en droit comparé". Perpignan, 2006. http://www.theses.fr/2006PERP0726.
Pełny tekst źródłaGiven that they are food providing, wages take on a vital function benefiting most workers. However, the wage is a relative notion, which cannot be, attributed a unique definition. It involves a variety of elements, which are connected to the bulk of the wage. Yet, there are numerous cases in which a precise qualification is required as regards the amounts of money the wage earner gets from his employer. Indeed, it is of a major importance to determine whether some or other element can be labelled a wage, since such a label will determine which juridical scheme is to be applied to the wage. In view of their historical background, we can say that a great part of the Malagasy regulations are modelled on the French law. The principles adopted by both legislations are similar, even though the Malagasy legislation sometimes reveals a few weak points, despite the fact that the labour law was overhauled in 2003
Etain, Pascal. "La cession de contrôle (perspectives de droit comparé)". Paris 9, 1997. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1997PA090002.
Pełny tekst źródłaPractise gave birth to corporate transfers of control and case law gave them their commercial nature. This commercial nature originates in the object of the contract i. E. Control. Control was found to be an intangible movable. This implies that its substantial qualities should be determined. Among these are the worth of the target, of its shares and accessories. Control is thus seen as a complex entity. The juridicial nature of control has many consequences both on the making and the effects of the contract. Legal actions, for instance, can be based on mistake or misrepresentation whereas these options are not available for a mere sale of shares. As control is a possession, it implies that its price should be determined or determinable at the time of transfer. This creates a major problem with stock exchange regulations according to which control can only be transferred through a covenant appended to the contract which governing the sale of shares. The sale of this entity also allows for an efficient use of sale warranties thus greatly restricting the importance of contractual warranties. This could eventually result in the writing of less complex conventions. Lastly, the ultimate consequence of its commercial nature is that the effects of the contract are no longer restricted to the contracting parties as many third parties are greatly concerned by this sale. The minority stockholders and the initial target can be greatly affected by this sale since the transfer of control can mean the winding up of the society and their being squeezed ouf of it
Alavi, Alexandre. "Le secret bancaire. Etude de droit comparé (France-Suisse)". Thesis, Paris Est, 2017. http://www.theses.fr/2017PESC0047.
Pełny tekst źródłaWhile Swiss banking secrecy is regularly the subject of virulent criticism and attacks on the international political scene, it is necessary to note the extent of each crisis. Accused of facilitating money laundering, tax evasion and financing of terrorism, international pressures from both foreign countries (the United States, France, etc.) and international bodies (the Cooperation Organization And Economic Development-OECD, the Financial Action Task Force-FATF, etc.). Led the Swiss authorities to frame banking secrecy by multiplying the attacks on this secrecy. This has the effect of considerably weakening the scope of Swiss banking secrecy. Indeed, even a few years ago it was possible to say that there are real differences between the French and Swiss banking secrets in that Swiss banking secrecy was perceived as a wider banking secrecy than Banking secrecy, this situation now seems to be over. Since the recognition of Swiss banking secrecy at the legislative level, the legal basis for this secrecy has changed very little, but the many limitations that have been brought to the secrecy over time have largely contributed to its Its substance and to weaken its scope, so much so that it is now possible to affirm a real convergence between French and Swiss banking secrets
Abdelhamid, Reda. "Le secret bancaire : étude de droit comparé France-Égypte". Rennes 1, 1989. http://www.theses.fr/1989REN11004.
Pełny tekst źródłaBuydens, Mireille. "La protection des prestations quasi-créatives en droit comparé (droit allemand, droit français, droit belge)". Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213060.
Pełny tekst źródłaMarkellou, Marina. "Les contrats d'exploitation de droit d'auteur en droit comparé (Allemagne, France, Grèce)". Montpellier 1, 2009. http://www.theses.fr/2009MON10053.
Pełny tekst źródłaThe explosion of digitised information has strongly questioned the existence of the copyright system. We are at present in a highly transitional state and the crucial question that arises is what should be the author's position in the copyright system in general. The contractual copyright law is therefore called to determine in a more precise way this position of the author into the system. The contractual copyright law is, indeed, an important instrument susceptible to guarantee an equitable balance of the opposing interests, while assuring an effective protection of the author, who is considered as the weakest party of the contract. In this context, the objective of this thesis is to examine the German, French and Hellenic main rules which govern the copyright contracts of exploitation. This comparative analysis will allow us to bring to light the convergences of these three legislations in order to facilitate a European harmonization in the near future. Based essentially on a detailed treatment of this question, which was until now rarely explored, this study aims at arousing a deeper reflection in this domain
Marzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français". Perpignan, 2006. http://www.theses.fr/2006PERP0730.
Pełny tekst źródłaThe first part of the thesis is devoted to the determination of the concept of fault serious, it is divided into two chapters:: the conditions of the calling into question of paid (chapter I) are articulated between the conditions of existence of the fault, the liable abuse right to be made by the employee, and the role of the circumstances in the appreciation of the known as fault. The observation of the serious fault (chapter 2) is analyzed on the one hand in comparison with the capacity of observation which the employer has who bases himself on theoretical and practical bases, then in addition in comparison of the means and the burden of proof which must make it possible to the judge to judiciously qualify the faulty act. The second part is devoted to the effects of the serious fault, which are obviously the suspension of the working relationships (chapter 1) which are doubly appreciated: by its immediate character and the sasine of the court. Then, the legal control of dismissal (chapter 2) is analyzed in comparison with the basic judge who has within this framework a sovereign capacity, nevertheless subjected to the control of the supreme court
Abu-Helo, Shadi. "Réflexion sur la notion d'exonération : étude de droit civil comparé entre le droit français et le droit jordanien". Grenoble, 2010. http://www.theses.fr/2010GREND015.
Pełny tekst źródłaEl, Khoury Pierre. "Les exceptions au droit d'auteur, étude de droit comparé". Montpellier 1, 2007. http://www.theses.fr/2007MON10004.
Pełny tekst źródłaThe purpose of this thesis is to scrutinize limitations in french copyright, american fair use, canadian fair dealing, and limitations at international extent. Limitative function of these exceptions restrains the scope of copyright monopoly. Despite the discrepancy between different doctrine, the existence of these limitations is commonly declared necessary for copyright system balance. Yet, legal mutations triggered mainly by economical, political and social considerations lead to cripple the importance of copyright limitations. Restriction on their scope is exacerbated on the other hand by an overprotection of copyright 's owner. Still, limitations in each system adjust themselves in different manners. However, globalization reinforces a polarization and standardization movement so the systems risk divert from their own characteristics. Thus, search for a common rationale and acceptable rules to restore copyright balance becomes essential. Like other comparative study, this thesis' vocation is to proceed with a cognitive and critical view
He, Zhi-Xin. "Les obligations de l'assureur : étude de droit comparé français et chinois". Nantes, 2014. http://www.theses.fr/2014NANT4004.
Pełny tekst źródłaSalgado-Fernandez, Liliana. "Le juge pénal chilien : étude de droit comparé". Toulouse 1, 1986. http://www.theses.fr/1986TOU10033.
Pełny tekst źródłaJustice holds an eminent position in a modern society in which the state has the responsibility for law and order. This study enables us to compare the judiciary institutions of two countries, France and Chile, which are not only different by their development degrees and cultures but also by their own traditions. This research is firstly devoted to analyzing the structure of the judiciary power, a fundamental basis of the state institutional organization. After a brief report of the fundamental principles of the administration of justice, we analyze the different jurisdictions set in both the laws: the common law jurisdiction and the jurisdiction of an exceptional court. A great deal is said about their compositions and their procedures but also about their competences. Then we deal with the persons who carry out the working of justice and with the way of administering the repressive justice. The study of juridical articles of the magistrate enables us to bring the state role and its consequences forward. The last part of this study is devoted to the machinery of repressive justice. This study of the three essential stages in penal case: the prosecution, the preliminary investigation and the trial, enables us to point out the failures and the inadequacy of the Chilean penal law which has not adopted the principle of the repressive justice separation. Thus a single judge must dispense justice
Saleh, Fawaz. "L'exception d'inéxecution en droit comparé français et syrien". Toulouse 1, 2000. http://www.theses.fr/2000TOU10033.
Pełny tekst źródłaLasserre, Capdeville Jérôme. "Le secret bancaire : étude de droit comparé (France, Suisse, Luxembourg)". Pau, 2004. http://www.theses.fr/2004PAUU2003.
Pełny tekst źródłaBank's secrecy wouldn't offer, as regards to doctrine, the same degree of protection in France, Switzerland and Luxembourg. It's nevertheless advisable to prove that these distinctions tend nowadays to come considerably to very little. This standardization is first of all ascertained through the sources and contents of the principle. As a matter of fact, a study of these three banks' secrecies enables to point out their common sources, of civil as well as penal nature, their comparable enforcement's scope, as well as for people concerned by the principle as for everything relevant to its matter, and at last, likenesses of sanctions brought upon the banker who would be likely to fail to meet his obligation. This trend of convergence can, likewise, be noted through the scope of bank's secrecy, this one fitted to be lifted, as well on behalf of private interests, other than the preservation of public interest. A point of divergence becomes nonetheless apparent as far as the principle's opposability to the taxation authorities is concerned. It seems yet that this difference is doomed to disappear. We can, so, reasonably think that this convergence's trend between the banks' secrecies, matter of investigation, isn't over
Bucher, Charles-Edouard. "L'inexécution du contrat de droit privé et du contrat administratif : Etude de droit comparé interne". Paris 2, 2009. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D83.
Pełny tekst źródłaArnaud, Paul Robert. "Substituts ou compléments du procès pénal en droit comparé". Paris 2, 1997. http://www.theses.fr/1997PA020081.
Pełny tekst źródłaEidi, Zouelfikar. "La privatisation, un défi stratégique, juridique et institutionnel : étude de droit comparé (France - Liban)". Paris 10, 2013. http://www.theses.fr/2013PA100029.
Pełny tekst źródłaThe legal and institutional strategic challenges of privatization in France and Lebanon concern the set of rules that govern the privatization procedure, and all the events arising from the implementation of the privatization policy. In this thesis, we studied the strategic challenge of privatization in the first part and the legal and institutional challenges in the second part. The importance of the study of the privatization strategy adopted in France and Lebanon lies in the fact that the strategy is the first essential step for the success of any privatization program. However, the study of the legal and institutional challenges of privatization programs in France and Lebanon allows us to analyze the legal and institutional frameworks under which these programs have been implemented and their impacts on the different sectors. In this comparative legal study between France and Lebanon and in the light of the comparative experience, we have analyzed the motivations of the privatization procedure, its value, evolution, the adopted legal and operational techniques, the economic and financial consequences, as well as the impact of the globalization and the international financial crisis on strengthening the privatization strategy
ROLLET, ALEXANDRA. "La publicite comparative en faveur du medicament en france et aux usa. Perspectives europeennes". Paris 11, 2000. http://www.theses.fr/2000PA111012.
Pełny tekst źródłaSaint-Pern, Laure de. "La notion de filiation en droit comparé : droit français et droit anglais". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020053/document.
Pełny tekst źródłaThe notion of “filiation” refers to the family relationship between a parent and a child, which place each on ein a family lineage and identify him from the members of his family. Because of its universality, it seemed appropriate to examine how two different legal systems, such as those of civil law and common law , understood it. Referring intuitively to a genetic link between parent and child, the notion of “filiation” could be, at first sight, reduced to a physical aspect. However, the law recognizes that it covers other realities like social and emotional ones. Thus, it reveals a more complex concept. In recent years, a tension appeared between genetic reality, which became available thanks to advances in science, and will, used to base alllegal fictions such as adoption, assisted reproduction and surrogacy. The law seeks to check and balancethese foundations with the child's welfare and public policy.The comparative study of French and English law also revealed a growing dissociation between the notion and its effects. Indeed, the effects can be assigned independently of the legal existence of the link. This dissociation has revealed a more precise one between the status, that is to say the initial link which isattached the effects, and the role, that is to say, the behavior which will receive all or part of the effects of filiation. Then, the effective exercise of this role can re-aggregate the effects of filiation. Thus, it is questioning the notion on its ability to account for changes in the family law
Jault-Seseke, Fabienne. "Le regroupement familial en droit comparé français et allemand". Paris 1, 1994. http://www.theses.fr/1994PA010304.
Pełny tekst źródłaTo allow the family reunification permits the migrant to have a normal family life, and consequently, facilitates its integration. Based on different international agreements and constitutional principles, the governements and the legislators have recognized, under some conditions, a right to family reunification. Two conceptions are opposed : according to the first one, the admission of the family should only be allowed when the migrant is already integrated ; according to the other one, the admission of the family is a basic requirement for the integration and should be allowed as fast as possible. In france as in germany, the policies hesitate between these conceptions. However, the legislations of these two countries are getting closer and perhaps prefigurate the european harmonization. The members of the family have access with more or less simplicities to the labour market and to the social benefits. The restrictions in germany are still numerous. Finally, the stay of the different members of the migrant family on the territory is also conditional, the longer they stay, themore difficult is the expulsion. The presence of all the familly on the territory generally implies a permanent installation. Then, the application of the national law (often influenced by the musulman religion) to the personal status is problematical. Accordingly it could be desirable to use the family reunification as a criterium for a new choice of law rule based on the residence
Klötgen, Paul. "La situation irrégulière de l'étranger en droit comparé français et allemand". Paris 1, 2000. http://www.theses.fr/2000PA010279.
Pełny tekst źródłaVincent-Legoux, Marie-Caroline. "L' ordre public : étude de droit comparé interne". Dijon, 1996. http://www.theses.fr/1996DIJOD010.
Pełny tekst źródłaIn administrative law as well as in private law, public order justifies, and even imposes, restrictions to fundamental freedoms in judicial and social relationships. In particular, it establishes administrative measures, penal sanctions and “imperative” legal rules which limit freedom of contract. But it also protects freedoms by securing their effective use in spite of the practical restraints which might interfere with their application, by limiting the powers and authorities entitled to prevent their exercise and by laying the foundations of procedural guarantees. It encourages a moderate form of liberalism by means of orders, prohibitions and commands. As it reveals the social organization's prevailing values which must be respected in all the groups that include an indefinite number of people, it is both “stable” and “in movement” : it protects social peace and tends to establish a social harmony inspired by the pursuit of different forms of balance. It organizes the state's judicial system in the name of society's rule of law, thus endowing it with coherence and specificity. It appears to be the “norm par excellence”. Human dignity, as it comes under public morality, is placed at the heart of the notion of public order, which remains a whole in spite of its numerous facets
Dyevre, Arthur. "L' activisme juridictionnel en droit constitutionnel comparé : France, États-Unis, Allemagne". Paris 1, 2008. http://www.theses.fr/2008PA010266.
Pełny tekst źródłaBille, Serge. "La passation des marchés publics en France et au Cameroun : étude comparée". Paris 11, 1999. http://www.theses.fr/1999PA111009.
Pełny tekst źródłaDespinos, Kiria. "L'autonomie professionnelle à l'épreuve de la vie en couple : étude du droit haïtien à la lumière du droit français". Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND014.
Pełny tekst źródłaComparative study of professional autonomy in the married couple in French law and Haitian law. Autonomy, then devoted unknown in Haitian law, is an example of an ambiguous integration of French law in family law in Haiti. In addition, professional autonomy appears to be a "custom", which justifies a review of the issue in a legal renewed
Ben, Jannette Aissa Besma. "L'intervention du juge étatique en matière d'arbitrage international : (droit tunisien et français comparé)". Paris 5, 2009. http://www.theses.fr/2009PA05D016.
Pełny tekst źródłaBrieskorn, Konstanze. ""Responsabilité contractuelle" im französischen und "Vertragshaftung" im deutschen Recht : ein vergleichender Überblick über Rechtsentwicklung in Europa". Saint-Etienne, 2009. http://www.theses.fr/2009STETT098.
Pełny tekst źródłaLe, Monnier de Gouville Anne. "La responsabilité contractuelle : droit comparé français et anglais". Montpellier 1, 1997. http://www.theses.fr/1997MON10027.
Pełny tekst źródłaHuang, Chaowei. "Les sûretés réelles en droit chinois et en droit français : étude de droit comparé". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020016.
Pełny tekst źródłaDuring the same period, a reform of security law had completed in France, while the Chinese real rights law which has renovated security rights in rem was about to be promulgated in China. This thesis, based on Chinese law and drawing upon a comprehensive study of laws and administrative regulations on the subject, reveals the differences between Chinese and French law and analyze their cause and effect behind similar terms and notions. Grounded on the comparative study, the thesis draws the conclusion that the Chinese system of security rights in rem requires a further reform despite the arrival of new law
Oh, Seung-Gyu. "La décentralisation dans le domaine de la police - étude de droit comparé : étude de droit comparé : la Corée et la France". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1008.
Pełny tekst źródłaKorea, which opened the era of democratization in 1987 moves towards democracy in daily life after the implementation of the system of local autonomy in 1995. In a general trend of decentralization and irrevocable and increased autonomy, decentralization in the field of police was under discussion as a means of completing the system of local autonomy. This issue of reform have led to the limited exercise of a decentralized police in Jeju province alone requires a further consideration. To do this, we need to look carefully into a legal system that is easier to receive in Korean law: the French regime. Indeed, France is a traditionally unitary and centralized state which pursues a decentralization process in depth, including the police. It results that the police be decentralized at the municipal level under the leadership of Mayor and under the control of local police committee at provincial level. The autonomous decentralized police has the general duties and is responsible for special police affairs. The National Police assume security in the municipalities that do not have own police service and the coordination and control for municipal police. In addition, the incorporation of the National Police and National Police Board should be changed from the Minister of Public Administration and Security to the Prime Minister. Control over the municipal police would be accomplished administratively by the local police, by national administrative authorities and the national police authorities, or judicially against individual administrative acts
Mohammed, Ibrahim. "L' arbitrage et les garanties des parties : étude de droit français, droit égyptien et droit comparé". Paris 1, 2009. http://www.theses.fr/2009PA010259.
Pełny tekst źródłaSITBON, ERIC. "La mise en concurrence dans les contrats de services publics locaux en france et au royaume-uni". Lille 2, 1999. http://www.theses.fr/1999LIL20008.
Pełny tekst źródłaThe objectives, contents and scope of compulsory competitive tendering in relation to bidding for local public service contracts, differ from one legal system to the other and from one type of local public services contracts to the other (i. E. Ec public procurement law, the french law of public procurement and public services 'delegations', english local government contract law). Under both ec law and french law, competitive tendering can be formal (consisting mainly of the requirement for publication of a prior notice) or wide-ranging (open bid procedure). Under english law, so-called 'compulsory competitive tendering'is equivalent to a compulsory open bid procedure and is intended to put direct service organisations or direct labour organisations in competition with private companies. Under ec law, competitive tendering now only applies in relation to public procurement contracts and public works concessions, whilst under french law, its scope covers not only public procurement contracts but also public services 'delegations'. Under english law, compulsory competitive tendering only applies to local public procurement contracts. It is proposed that the requirements of compulsory competitive tendering in these three legal systems are harmonized through emphasing their similarities and by generalising the application of compulsory competitive tendering to all local public services contracts
Steiner, Eva. "Règles et méthodes du droit français prises comme modèles juridiques en Angleterre : analyse critique". Paris 10, 2006. http://www.theses.fr/2006PA100085.
Pełny tekst źródłaThe attention paid to foreign legal models and the use of comparative law as a tool for law reform have developed rapidly in the second half of twentieth century England having increased considerably since the nineteen sixties following Britain’s entry into the European Community. If, on the one hand, in the context of European integration, French law has been able to provide ‘a model amongst others’, working towards a genuine process of europeanization of English law, then, on the other hand, certain aspects of this model such as omissions or, more generally, codification, can also be considered to have been a favoured source of inspiration. Notwithstanding this twofold influence, the French legal model has not been the subject of a genuine reception in England, which goes to show that the classical distinction between the Roman-Germanic tradition and that of the common law, for which France and England are the principal exponents, is far from being outmoded
Cymbalista, Tatiana. "Poursuites et alternatives aux poursuites en droit pénal comparé : droit français, droit brésilien". Paris 2, 2005. http://www.theses.fr/2005PA020027.
Pełny tekst źródłaDevinat, Mathieu. "La règle prétorienne en droit français et canadien : étude de droit comparé". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ65366.pdf.
Pełny tekst źródłaCárdenes, Agustín Alejandro. "La présidentialisation du système politique, étude de droit comparé Argentine - France". Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3014/document.
Pełny tekst źródłaStudies about presidentialization of Argentine and French political systems hold an important place in recent academic and political studies. However, despite such an acknowledgement, there are no comparative studies about Argentine and French experiences. The presence of a similar phenomenon in both countries –presidentialization- seems to prove that comparative method might offer interesting answers to questions posed by the presence of a similar concentration of power around presidents in countries whose constitutional structures differ. Thus, presidentialization appears to minimize the importance of such differences and takes into account the relevance of political systems
Ketta-Mbanguyd, Alain Daniel. "Etude de droit comparé des conflits collectifs du travail Congo-France". Paris 2, 1990. http://www.theses.fr/1990PA020153.
Pełny tekst źródłaThis doctoral thesis aims at showing the stages congolese labour law has gone through in its attempts to solve labour conflicts since the implementation of french labour law until nowadays, at showing the differences between those two laws and throwing some light on those changes. It seems to us that congolese labour law is in the making. Despite the fact that it depends on the political context, it has not been influenced by the marxist-leninist ideology implemented by the congolese labour party (pct) since 1969. So congolese labour law has more to do with reform than revolution as one could easily imagine, given the country's political orientation
Zreik, Saba. "Conventions réglementées et intérêt social en droit comparé (Liban, France, USA)". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020027/document.
Pełny tekst źródłaThe corporate interest is the main reason behind the regulation of related party transactions. Its limits are defined by similar interests and the personal interest embodied in these transactions. The inter-action of these conflicting interests may harm the company. The existence of a conflict and of its justification may be presumed. The corporate interest is from now on that of the enterprise seen within its wide economic context and the interest of a group of companies is distinctively acknowledged. The qualification of those transactions helps identify those that are subject to scrutiny. The protection of the corporate interest is achieved by the prevention of the conflicts of interests through the disclosure of the personal interest. This disclosure triggers the concerned corporate bodies’ evaluation process. Legislative and jurisprudential guarantees ensure the predominance of the corporate interest through limitations on the exercise of certain rights and a strict judicial enforcement of legal duties laid on the interested party. The fraudulent transaction is void. The unauthorized one that is damaging to the company is voidable and its consequences are assumed by the interested party who may be exposed to civil and, sometimes, criminal liability. The comparison of the treatment of this subject in the Lebanese, French and American legal systems revealed the weaknesses in the first two; amendment proposals are made
Lazaar, Sonia. "La responsabilité pénale des mineurs : étude de droit comparé France-Maroc". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1077.
Pełny tekst źródłaThe offender minor situation early attracted the criminal law attention. Today the minor is subject to a treatment different from the adult's one. Before adjudged a minor guilty of an offense, his penal liability has to be determined and his discernment must be established. Today's society and his minors have evolved, so this topic becomes a national priority in France and also in Morocco, the minor's apprehension changed a lot and the juvenile criminal law is currently one of the major concerns of government which aims to provide a legally sound solution. The minor has acquired a special status in criminal law. The project aim is to determine the effectiveness of the current legislation and to analyse and synthesize the evolution of criminal responsibility in these two countries. It's time to take stock and prospects
Losfeld, Benoît. "Droit des obligations et droits des sociétés". Lille 2, 2003. http://www.theses.fr/2003LIL20025.
Pełny tekst źródłaThe study of contract law and corporation law is faced with convergent and opposite changes that drive these two parts of the law. This difficulty justifies studying the links between these parts of the law under the light of dialectical logic. Thus, the comparison of these two parts of the law allows of the assumption of the dialectics. The characteristic of corporation law as well as Memorandum and Articles of Associations claims for independence of specific law. However, this independence is offset by close interdependent links with contract law. Considering the dialectics established between both parts of the law, the use of a dialectical practice -showing the impact upon each other- will be studied. Impact of contract law upon corporation law : the first one as general law, spreads its effects over the second one, specific law wich is incomplete. Impact of corporation law upon contract law : firstly, specific law contributes to the traditional concepts developments into contract law. Secondly, it also favors the emergence of original tools into general law
Tsirli, Maria. "Le régime juridique des écoutes téléphoniques : étude de droit comparé". Université Robert Schuman (Strasbourg) (1971-2008), 1994. http://www.theses.fr/1996STR30006.
Pełny tekst źródłaInspired by the necessity to protect human dighity against all kind of illegal and arbitrary intrusion upon one's privacy, the present thesis studies the legal regime of wire bugging in two european countries, France and Greece, though insisting mostly on the analysis of french legal system. In the first volume we examine the principle of privacy of phone calls. After a short reference to the secrecy of letters, we choose as a basis of the right to phone calls' privacy the right to private life, without overlooking the existence of other legal grounds. In a first part we examine the notion and the constitutionnalization of private life, and in a second part the legal and constitutional protection that the principle enjoys, either indirectly, as a component part of the right to private life, or directly. In order to evaluate the quality of this protection, we refer to the "european requirements", that is to the rules set by the article 8 of the european convention as they are interpreted by the european court of human rights. In the second volume of our study, we examine the exceptions to the principle of phone call's privacy
Abdeltawab, Salah Zaky. "La responsabilité de l'administration pour les fautes personnelles et de ses agents : étude comparative du droit français et du droit égyptien". Paris 12, 1990. http://www.theses.fr/1990PA122007.
Pełny tekst źródłaJame, Shadi. "Le régime de la nationalité en droit syrien et en droit français : étude de droit comparé entre domination coloniale et droit international contemporain". Nantes, 2010. https://archive.bu.univ-nantes.fr/pollux/show/show?id=5e79d3da-f17a-45c4-9f09-c061d198569a.
Pełny tekst źródłaThe nationality is considered as the political and legal bond between the individual and the State. It is very important for the life of the individual, the State and the international community. In fact, the nationality determines the political status of the individuals (the civil rights) along their life and distinguishes them from the foreigners. The Article 15 of the Universal Declaration of Human Rights 1948 states that "everyone has the right to have a nationality" a principal right attached to the individual in his personal life: without having this nationality he will not be able to acquire his essential rights of life. Today’s world is increasingly globalized where the contemporary societies interact easily and continuously. In this context comparative law makes it possible to better understand the issues relating to nationality, and more particularly to deal with the issues such as the nationality of children, equality between men and women, dual nationality and that of statelessness. This thesis deals with a study of comparative law between the French and Syrian nationality law. It underlines the influence of French law on the Syrian law in particular during the French mandate in Syria (from 1924 to 1951) and the constraints of international law. Syrian law of nationality has not changed since 1969. This study intends to propose several directions to allow this law to evolve in a more consistent way
Vallée, Guylaine. "L'ancienneté en droit du travail français et québecois : une approche de droit comparé". Lyon 3, 1991. http://www.theses.fr/1991LYO33012.
Pełny tekst źródłaIn france and quebec labour law, seniority has been recognized as a source of advantages for workers. However, different effects are related to seniority. In quebec, as in north america, many authors consider seniority as a hierarchic principle. French authors don't use this definition of seniority, because seniority provisions don't exist in french collective agreements. The doctrine's definitions are related to the use of seniority in a particular labour law. A comparative approach can be used to study the concept of seniority in labour law. The first part of the research examines the objective notion of seniority. Seniority has been compared to other mesures of work time, and the links between seniority and the contract of employment and the collective agreement, especially in cases of triangular work relations, have been examined, to conclude that seniority is fundamentally related to the execution in time of obligations of individual work relations. The second part of the research is founded on a sociological postulate which supposes that judges give some importance to social values, such as seniority, when they control the use of managerial prerogatives. Thus, seniority is considered, in quebec and in france, in abuse of rights, dismissal for cause, mass layoffs and disciplinary law. The french supreme court and the european court consider, as the american supreme court, that seniority isn't contrary to the principle of equality of treatment. It's not discriminatory to use seniority to distinguish worker's rights
Fiorentino, Allison. "La rupture du contrat de travail en droit anglais : droit comparé anglais et français". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32021.
Pełny tekst źródłaMore and more statutory law and fewer contract law. Does this sentence describe english employment law? At first sight it might seem true. From 1996 (the adoption of the Employment Rights Act 1996) to 2004 (coming into force of one of the most important part of the Employment Act 2002) the bristish Parliament has adopted many laws, most of which aim to protect the employees. However it does not mean that contract law is completely forgotten. The termination of employment represents that compromise between new legal rights and old common law cases. When an employer is contemplating dismissal, he has to comply with several requirements one of which is to act reasonably. Moreover international law, mainly european, becomes more and more important and tend to ensure that employers are bound to inform and consult emloyees or their representatives before dismissing them. On another hand it would be false to assume that unfair dismissal and redundancy payments have transformed United Kindom in a state where breach of employment contracts is nearly impossible. The third way, chosen by Mr. Tony Blair has not led to a complete renewal of employment statutes. The law relating to breach of employment contract is far from having gained autonomy
Lhéritier, Elise. "Les objectifs du droit de la faillite en droit comparé : France, Etats-Unis, Angleterre, Espagne". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020067.
Pełny tekst źródłaThe objectives of bankruptcy law are varied and evolve over time and situation. Eradicating and punishing bad debtors and guaranteeing payment to creditors are traditional goals. Ensuring the survival of the company and preventing difficulties are modern goals. This diversity leads to a hierarchy of objectives. A comparative study contrasts pro-debtor and pro-creditor systems according to the priority of their identified objectives. It shows that the objective of legislations tends towards the salvaging of companies. Federal US law, founded on the principle of fresh start, inspires laws in Europe. Economic analysis of law reiterates the question of the objectives of bankruptcy law from the perspective of an efficient legal standard, explaining this tendency. The search for procedural and substantial efficiency guides the European Commission in the promotion of a single market. Therefore, consensus on the objective of salvaging the company makes harmonization of the substantive rules at the European level possible. The revision of Regulation (EC) N°1346/2000 on insolvency proceedings confirms the general acceptance of the idea of a second chance. The opposition between pro-debtor and pro-creditor systems diminishes, giving way to a mixed system. Each law attempts to move towards the reconciliation of conflicting interests, leading to the displacement of the value of respect for the word towards the concept, more difficult to define, but which founds binding obligation: trust
Angot, Fleur. "La distinction de l'habileté et de l'abus de droit en droit fiscal comparé : France-Allemagne". Paris 2, 2003. http://www.theses.fr/2003PA020026.
Pełny tekst źródłaGrelié, Julien Jacques. "Le contrat d'assurance en France et aux Etats-Unis : aspects de droit comparé". Nantes, 2011. http://www.theses.fr/2011NANT4015.
Pełny tekst źródłaLe contrat d'assurance en droit français et américain : aspects de droit comparé is a comparative analysis that outlines how the objectives of the insurance contract regulation and its judicial interpretation are commonly shared, and how the different means are implemented to achieve these goals in France and in the United States. French and American Insurance Law are diverging, whether it is a matter of controlling the balance between contractual freedom and the protection of interests of the insured, or whether it is about establishing rules of preventing fraud and enforcing the requirement of fortuity within the formation and the execution of insurance contracts. The laws reflect the philosophy held in their own judicial system. While taking this gap into consideration, this thesis brings a new source of inspiration and ideas about current and future issues related to French Insurance and Private Law
Woopen, Herbert. "L'exécution forcée en droit allemand et la réforme des voies d'exécution en France : comparaison des deux systèmes notamment pour les saisies des comptes bancaires". Clermont-Ferrand 1, 1992. http://www.theses.fr/1992CLF10005.
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