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Kouassi, Koffi Samir Rehmann. "L'extension d 'une procédure collective". Electronic Thesis or Diss., Toulon, 2020. http://www.theses.fr/2020TOUL0130.
Pełny tekst źródłaThe extension of a collective procedure is a jurisprudential creation enshrined in the law on the protection of companies of 26 July 2005. Its objective is to artificially reconstitute the debtor's prepared assets. Thus, it will consist in extending the initial collective procedure to one or more natural or legal persons. The extension of collective proceedings is of considerable benefit to the debtor insofar as it will offer him more possibilities and means to solve his difficulties as well as possible. The same applies to the creditor who will see the debtor's assets combined with those of a third party.Its legal basis is Article L. 621-2 of the French Commercial Code. It provides that the court must characterize the existence of a Confusion of patrimony or fictitious nature before pronouncing a judgment extending collective proceedings. Case law contributes significantly to the legislative evolution of the extension of collective proceedings. Despite the codification of this procedure, case law is omnipresent. This role is explained by the fact that the legislator gives the judge the power to interpret and assess the extension of collective proceedings, on the basis of its two causes, namely confusion of assets and fictitious acts. What is the discretion left to the judge? This is the latter's interpretation of the existence of fictitious or confusing assets. Thus, therefore, in order to pronounce an extension of collective proceedings on the basis of the Confusion of Assets, the judge must necessarily characterise the existence of abnormal financial relations or the inextricable interweaving of assets, namely that of the principal debtor and that of the person or persons to whom he would like to extend the collective proceedings.The assessment of the fictitious nature of the legal person is the least frequent case but remains the most complex to determine. Judges have a heavy responsibility to detect the fictitious nature of a legal person and most often encounter the various financial arrangements established within corporate groups.The need not to look for whether the confusion of assets between two natural or legal persons has caused prejudice to the principal debtor in order to extend his collective proceedings. This legislative framework shows that judges are free to extend collective proceedings, taking into account the fact that their decision is rigorously reviewed by the Court of Cassation. In addition, in view of the divergent interests of the debtor and the creditor, but also because of the impact of decisions to extend collective proceedings on the economic life of these two categories of persons, decisions ordering the extension of collective proceedings are subject to rigorous control by the Court of Cassation.However, while there are many advantages to this procedure, the fact remains that, in terms of its practice, some reforms could improve it
Bézert, Adrien. "Les effets de l'extension de la procédure collective pour confusion des patrimoines". Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD051.
Pełny tekst źródłaExtending a collective insolvency procedure in the case of estate compels a number of debtors to comply with a unique collective procedure. Recent reforms have deeply modified the nature of this mechanism: for a long time perceived as a sanction, it is now used as a simple tool for restructuring, and to an extent a tool for protection. Its consequences were once dreaded, whereas now they are coveted. This thesis enhances the complementarity that exists between the latter when dealing with situations of estate confusion and offers several solutions enabling foreseeability. Furthermore, it opens up to several lines of thoughts that can correlate cases when resorting to this mechanism to the particularly original effects generated by the latter
Sénéchal, Marc. "L'effet réel de la procédure collective". Toulouse 1, 2001. http://www.theses.fr/2001TOU10071.
Pełny tekst źródłaThe effect of bankruptcy proceedings on the debtor's property may be defined as the seizure of the property by the creditors as a collectivity represented by the receiver. First, it seeks to determine the scope of the effect of bankruptcy proceedings on the debtor' s property through a comparaison with seizure under ordinary law. Second, this study intends to discover how the concept of collective seizure under bankruptcy law overcomes the diversity of the seizures effected by the creditors. This study shows that these disparities between seizures are not treated in the same way according to whether bankruptcy proceedings are directed against the debtor' s property or against a third party' s property
Comanges, Laurent. "Diffusion de procédure collective et coopération interentreprises". Toulouse 1, 2001. http://www.theses.fr/2001TOU10040.
Pełny tekst źródłaThe subject of this thesis treats the various situations in which the collective proceedings against a company can touch another firm working with it. The inter-company cooperation is diversified; adapting itself to the economic and legal context. It occurs either under the excistence of a group of companies or a contractual relationship. The law uses different instruments permetting the diffusion of collective proceeding against a cooperative firm. The matter is complex and the distinction between these differents way does not seems very clear. Beyond the technical difficulties the very reason of this situation is that the employed mecanism as a whole tends towards a single aim. So the legal foundation has to be common. Intuitively, we discover this through a close study of theses phenomenons (Part 1). Thus, it is interesting to seek the common aim and fundation. We consider legal concepts to be more important. After the failure of fundamental notions of legal entity and control, it seems that this foundation lies in the fact of business ethics - that is a reference to fundamental values of our Law (Part 2)
Berger, Caroline. "L'offre de reprise d'une entreprise en procédure collective". Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32026.
Pełny tekst źródłaSahel, Déborah. "Les biens qui échappent à la procédure collective". Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D053.
Pełny tekst źródłaThis Ph. D. thesis is about conflicting interests. Collective discipline has to be implement when a debtor files for Bankruptcy. Consequently bankruptcy law is a disruptive law. ln theory, French law achieves some discipline by freezing all the assets of the debtor and shielding them from any foreclosure (« l'effet réel de la procédure collective»). It is the equivalent of an estate during bankruptcy in common law. This Ph. D. thesis is about what goes in and what stays out of the estate. In French law, most of the assets are insert into the estate but some of them can escape it for multiple reasons and with different means. Thus the common pledge of creditors is limited in many ways. First this Ph. D. thesis contributes to identify the allocation of assets during bankruptcy. It thereby enriches the civil law theory of estate by showing some of its limit. This Ph. D. thesis demonstrate how French bankruptcy law reduces the range of assets included in the estate of the debtor. The estate appears partitioned when the theory predicate on the contrary its unity. Indeed two sets of assets can be identify within the debtor estate those that are pledge to the creditor and those that are shielded from them. The Ph. D. points out some of the legislation failures on this matter. It also suggests to distinguish between two types of assets : those that escape and those that are removed from the estate. ln doing so it suggests the set of rules applicable to each one of them and offers some solution to improve the law
Manhaeve, Constance. "L'efficacité en procédure collective de la réserve de propriété". Toulouse 1, 2012. http://www.theses.fr/2012TOU10071.
Pełny tekst źródłaThe Retention of Title mechanism, recognized by the law as a security over assets since the Order of 23 March 2006, uses the property right for guarantee purposes. Actually, the retention of title suspends the transfer of property or good(s) until full payment of the price by the debtor. This legal technique affords an effective protection to the creditor who is faced with the initiation of collective insolvency proceedings against his contractual partner. This technique allows the creditor to be considered by the legal entities involved in the proceedings not only as the holder of a security right but also as the owner of the good. Thanks to this double-hatting approach, the position of the creditor is enviable compared with others creditors because providing, in particular, the opportunity to proceed to an action in restitution. However, this privileged position can otherwise conflict with the recovering of the company in difficulty and the principle of equality of creditors. The aim of this thesis is in the light of the legal and jurisprudential evolutions, to discuss the nature of this security interest and to challenge its effectiveness as regard from the one of the collective insolvency proceedings of the buyer
Mas, Marion. "Patrimoine du débiteur et actif de la procédure collective". Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10065.
Pełny tekst źródłaMonteblanco, Vinces Alejandro. "The Extension of Collective Agreements Within Collective Bargaining at Company Level". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118932.
Pełny tekst źródłaEn el presente artículo, se realizará una crítica a la aplicación de la legislación peruana de los convenios colectivos y sus efectos a nivel de empresa. Para alcanzar tal finalidad, en principio analizaremos lo que menciona la normativa laboral peruano y su aplicación actual, para luego compararla con otras visiones latinoamericanas, y finalmente, esbozar una solución más pacifica considerando los lineamientos de la Organización Internacional de Trabajo y nuestra normativa constitucional laboral vigente.
Guastella, Maxence. "Les principes directeurs des répartitions de fonds en procédure collective". Electronic Thesis or Diss., Université Côte d'Azur, 2022. http://theses.univ-cotedazur.fr/2022COAZ0044.
Pełny tekst źródłaHow can the creditors of a company that is the subject of collective insolvency proceedings be paid when it is not possible to do so ? This is the sensitive issue that fund apportionments seek to resolve. Often, the amount of assets to be distributed falls short of liabilities to be discharged. Nevertheless, the legal system cannot create an asset to correct this negative balance. In view of the lack of funds, the law can only arbitrate between the many interests involved. However, the way in which such arbitration works is extremely problematic. The apportionment procedure is so complex as to be incomprehensible, to the extent that it is more or less impossible to carry it out in a satisfactory manner. Determining the perimeter of distributable assets ; identifying the persons authorized to participate in apportionments and the attributes to be taken into consideration ; defining the order of payments, i.e., prioritizing creditors and establishing an order for distributions ; and correcting any apportionment errors are all steps that are at once necessary and unworkable. In order to make sense of all this, legal theorists and practitioners have urged the authorities to issue guidelines and, in the absence of any response to their request, have them-selves set about drafting some. Starting from the observation that collective insolvency proceedings can be seen as a collective seizure, and, therefore, as collective distribution governed by essential rules that are specific to it and distinct from those governing the ordinary law of compulsory enforcement and distribution proceedings, this study draws from such work in order to present fund apportionments in collective insolvency proceedings in the form of a dynamic system of guidelines seeking to clarify their legal regime and render it practicable
Quaranta, Marie-Laure. "Les procédures dans la négociation collective". Montpellier 1, 2003. http://www.theses.fr/2003MON10001.
Pełny tekst źródłaAntonini-Cochin, Laetitia. "La situation du conjoint d'un débiteur soumis à une procédure collective". Nice, 1999. http://www.theses.fr/1999NICE0038.
Pełny tekst źródłaToyama, Miyagusuku Jorge, i Alfredo Torres. "Extension of the Collective LabourA greement and Minority Union". IUS ET VERITAS, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123211.
Pełny tekst źródłaEl presente trabajo versa sobre un tema de debate en la actualidad del Derecho Colectivo del Trabajo, el cual es la procedencia de la extensión de convenios colectivos de trabajo de sindicatos minoritarios a favor de trabajadores no sindicalizados. Para empezar, los autores señalan la base constitucional del Derecho Colectivo del Trabajo. Asimismo, indican que existe mucho dualismo entorno a la aceptación de la extensión de los convenios colectivos suscritos por un sindicato minoritario. Llegan a esa conclusión luego de haber revisado unos casos de la jurisprudencia laboral peruana, así como de pronunciamientos administrativos sobre el tema.Finalmente, concluyen que es factible que se extienda el convenio colectivo, siempre y cuando no se vulnere el derecho de libertad sindical.
Desmettre, Alexandra. "Les difficultés liées à la situation matrimoniale du débiteur sous procédure collective". Montpellier 1, 1996. http://www.theses.fr/1996MON10025.
Pełny tekst źródłaThe coexistence of marriage and bankrupcy proceedings gives rise to difficulties on two levels. On one hand, the bankrupt's matrimonial situation makes the determination of the proceedings' assets more difficult. In addition to the debtor's own assets, it sets the issue of the fate of the couple's estate. On the other hand, change in the matrimonial situation of the debtor forbids the married couple to interfere with the aims of the bankrupcy proceedings. The creditors and the reformatory legal instruments must abide by the principle of freedom of the matrimonial agreement and accept, if necessary, that the bankrupcy proceedings of their debtor couples with divorce proceedings
Villanova, Doriane. "Maintien du droit au paiement des créanciers antérieurs lors d'une procédure collective". Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10053.
Pełny tekst źródłaThe opening of a collective insolvency proceeding requires, out of principle, prohibition of payment of any debts arisen prior to the opening judgement. Even though this governing principle of bankruptcy law seems peremptory at first, one has to say that it is accompanied by exceptions. Some creditors, indeed, are able to benefit from immediate payment during the observation period, in such a way that their rights to claim are protected. Such a dispensation from the prohibition of payment evokes and arouses interest as regards its purposes and beneficiaries. Actually, although payment is generally perceived as a mechanism that favors the creditor, its comprehension and function seem like renewed within a collective insolvency proceeding. Thereby, the payment evolves into a mechanism carried out in favor of the debtor, in other words, the payment is instrumentalized and used as a tool supporting the continuation of his activity. It is only in specific and limited circumstances that the payment is once again considered as a mechanism for the exclusive benefit of the creditor
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
Laugier, Maxence. "Les créanciers "hors procédure" ou La fuite des créanciers devant la discipline collective". Lille 2, 2002. http://www.theses.fr/2002LIL20005.
Pełny tekst źródłaThe "hors procédure" creditors, as named in French doctrine, are literally creditors "out of the Bankruptcy Procedure", bypassing the French Bankruptcy Procedure. They appear as a hybrid category of creditors prompted by a desire to flee the common discipline, which is usually associated with the fact of being a prejudgment-creditor. This flight particularly materializes through the dismissing of the bankruptcy concept of the automatic stay, revealing more generally the relative lack of concern during the bankruptcy procedure for the interests of creditors. The success of these creditors in avoiding the bankruptcy procedure especially hinders the debtor's rehabilitation goal as well as the collective and egalitarian feature underlying French bankruptcy law. The threat of bypassing-creditors, when jeopardizing the procedure, forces Bankruptcy Law to preserve itself, and hence to clarify its essence. .
Desmichelle, Marc. "Les créanciers qui échappent aux conséquences de la procédure collective de leur débiteur". Paris 1, 1994. http://www.theses.fr/1994PA010270.
Pełny tekst źródłaObviously, the law of 25 01 1985 relating to firms bankruptcy, does not allow the payment of the creditors. However, there are some of them who escape the consequences of the law and can be quickly paid. This work tries to find out who are those creditors the reasons of their prerogatives, and the way they can obtain payment of their credit within or beside the law of 1985
Pelletier, Nicolas. "La responsabilité au sein des groupes de sociétés en cas de procédure collective". Paris 1, 2011. http://www.theses.fr/2011PA010331.
Pełny tekst źródłaHoussin, Mathias. "La subordination de créance : analyse de la subordination à l'épreuve de la procédure collective". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D033.
Pełny tekst źródłaDebt subordination is the operation whereby a junior creditor agrees to be paid only once the senior creditor has been fully paid. The efficiency of the mechanism in bankruptcy depends on the chosen analysis. It is possible to consider that it changes the claim itself, or that it affects it indirectly. Our research shows that subordination affects a claim exogenously as it is built on the addition of personal liens impending on the junior vis-à-vis the senior creditor: subordination does not alter the right to payment but only its priority. Hence, an imbalance appears in the solicitation of creditors, since one euro of junior debt confers the same voting rights as one euro of senior debt: until a reform of the system of creditors committees, the survival of the subordination will only be made possible by voting agreement between creditors when these maintain the junior claim. From the debtor’s perspective, subordination does not modify the structure of a debt, but only changes the rules of payment. Unless an agreement is found between creditors, the waterfall payment should therefore force the respect of the absolute priority rule in the plan, because it does not violate any rule of equality between creditors. Exceptions should be accommodated in case of conflict between creditors, in order to optimize the rescue of the debtor, but still in respect of the structure of subordination. The indirect alteration of the junior claim accounts for the neutrality of subordination on the ranking itself of the claim, and explains that the liquidator cannot, de lege lata, apply the subordination agreement in the distribution of the assets, while the inapplication of the mechanism in the plan will offer little defense for the senior. Overall, the efficiency of debt subordination is uncertain because the mechanism affects a claim exogenously: this requires, upon solicitating the creditors, but also during the elaboration of the plan and in the distribution of the assets, that subordination passes into law in order to give effect to the mechanism
Jouffin, Emmanuel. "Le sort des contrats en cours dans les entreprises soumises à une procédure collective". Paris 1, 1997. http://www.theses.fr/1997PA010296.
Pełny tekst źródłaAfter examining the historical evolution of the legal process of winding up a company, and presenting the act of june 10, 1994 (as amending the act of january 25, 1985), this study addresses the legal position of contracts maintained during the period of collective settlement. Contracts have become central assets around which the whole procedure of liquidation revolves. Therefore, their legal status has been the object of much legislation, the outcome of which has been some degree of infringement of the law of obligations. These infringements are studied in two parts. The first title is devoted to the continuation of contracts (articles l 37 and 38 in particular). The 1994 act is examined in detail; it has contributed to preserving both the rights of creditors and those of the company. We shall present the situation of common contracts, in particular bank contracts, and address the new forms of claims which the act makes provisions for. The second title examines the radical infringements to the law of obligations represented by cession, substitution of guarantees, and the principle of the nullity of contracts passed during the period preceding opening judgement. As a conclusion, we show that the contract has remained at the centre of the winding up process to the sacrifice of the general principles of the law of obligations. Finally, we evoke the incoherency of a legislative policy which has lead to implementing an act the main aim of which is to solve short-term problems rather than set up a long-term system
Celica-Caracciolo, Carole. "Le risque environnemental : élément détreminant dans la transmission de l'installation classée en procédure collective". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32020.
Pełny tekst źródłaFor some now decades, environmental protection has been appearing in a domain that was never its: Business Law. It first appeared as an answer to industrial nuisances but was never considered as a major decision factor in the business world. Today, this reality has changed due to an increasing ecological collective awareness. Other reasons are less praiseworthy but so important. Environmental protection is become a factor of risk for companies called classified facilities. Thus, it couldn’t be separated from the decisions of the transmission of the economic assets, especially when it’s in a crisis which needs the start of collective proceedings. Once estimated, environmental risk will be categorized into accountable, financial and scientific values. They will influence the collective procedures, defining the participants, which will then become the new environmental protectors. These protectors will have to maintain the rules and ensure all relevant information published on environmental liabilities
Bennephtali, Johanna. "Le nantissement de créance et les procédures collectives". Thesis, Paris Est, 2019. http://www.theses.fr/2019PESC0004/document.
Pełny tekst źródłaPledges over receivables have long been neglected by actors of the economy because of its inadequate legal system. But since the order from March 23rd, 2006 and the new provisions regarding security it implemented, the consistent, appropriate and flexible system has become more attractive for creditors.In practice however, the current provisions are too imprecise to reassure the involved parties who remain uncertain and insecure in their litigations.This uncertainty increases when creditors need to ensure that their security is efficient, i.e. when launching collective insolvency proceedings against the grantor.Indeed, the debtor has become more protected with each alteration of bankruptcy proceedings law which seeks to keep companies active. To that end, creditors’ rights have been greatly restricted: they are subjected to collective discipline and cannot continue paying their receivables.In this context, it appears necessary to study pledges over receivables to ascertain if said security can work for the secured creditor in case of collective insolvency proceedings against the grantor.We shall demonstrate that the efficiency of pledges over receivables depends directly on the rights it gives to the creditor, such as notifying the security and granting exclusive right of payment of the secured receivable. However, this guarantee can only become one of the most protecting securities if these rights are also granted in case of collective proceedings.By examining how pledges over receivables and the right they grant work, we can highlight the possibility for the secured creditor to exercise and keep their exclusive right of payment, even after the opening judgment; thus confirming the efficiency of the pledge over receivables
Ferrari, Benjamin. "Le dessaisissement du débiteur en liquidation judiciaire. Contribution à l'étude de la situation du débiteur sous procédure collective". Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0018.
Pełny tekst źródłaDispossessing a debtor in liquidation proceedings, that is the interesting question which naturally appears in such situations. At the start of the proceedings, the debtor must hand over the ability to exercise his rights and take actions over his assets to the liquidator. Even though the notion of dispossession is omnipresent, it remains an unclear notion nonetheless. Firstly, the type of procedure and the governing legal regime are not mutually exclusive. Secondly, it is indeed only the analysis of the creditor’s common pledge that allows us to understand dispossession. The link established between the two notions asserts that the fragmentation of the common pledge leads to a correlative weakening of the dispossession. If the dispossession is objectively dependent on the fluctuations of the real effect of the proceeding, it is furthermore the rights retained by the debtor that will have an impact on the substance of the measure. Respecting the entrepreneur’s fundamental rights restricts the effect of dispossession on the debtor’s procedural rights. These considerations contribute to the implementation of the European requirements in this area, and more specifically, the debtor’s right to a fresh start. In such conditions, the longevity of the dispossession raises other questions. We must decided between a pronounced anachronism of dispossession or the necessary evolution of the notion – to dispossess or not to dispossess, that is the heart of the question under study
Bahry, Teseer. "Extension of radiolytic procedure to the preparation of conducting polymers in organic solvents : synthesis, characterization and applications". Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS328/document.
Pełny tekst źródłaThe extension of our original radiolytic methodology to the use of organic solvents was an important alternative approach to radiation-induced polymerization of conducting polymers (CPs) in aqueous solutions. The polymerization of CPs was studied by using gamma-radiolysis of several organic solvents under different environmental conditions. The optimization of the synthesis conditions of CPs was then conducted into dichloromethane solvent. After optimization of the synthesis conditions (atmosphere, dose, dose rate, concentration of organic monomers, etc.), the use of dichloromethane radiolysis was successfully employed to synthesize various types of conducting polymers: Poly (3,4-ethylenedioxythiophene) (PEDOT), Poly (3-thiophene acetic acid) (PTAA) and Poly (3-hexylthiophene) (P3HT). The radio-synthesized polymers were fully characterized in solution and after deposition by complementary analytical, spectroscopic and microscopic techniques. Also, the simplicity and versatility of radiation induced polymerization of 3-thiophene acetic acid in dichloromethane and in aqueous solutions was demonstrated. The differences between the two radiolysis routes were highlighted. Furthermore, the influence of generating different oxidizing species under different atmospheres (N₂, air or O₂) upon ɣ-irradiation of dichloromethane solutions containing organic monomers was also studied in particular in case of P3HT. The electronic and electrochemical properties were checked for all radio-synthesized CPs. Accordingly, these polymers were then incorporated in hybrid organic and inorganic perovskite solar cells (PSCs) and used as hole transport materials (HTMs). Our new radiolytic strategy described and extended in this manuscript opens the way for the preparation of new nanostructured CPs with controlled morphology and enhanced properties by using microemulsion polymerization and also for the preparation of processable conjugated materials through copolymerization
Dos, Santos Maria Ivone. "Extension du corps, mémoire et projection : réseau d'une oeuvre et de son errance". Paris 1, 2003. http://www.theses.fr/2003PA010552.
Pełny tekst źródłaSoussi, Mounir. "La responsabilité civile du banquier dispensateur de crédit aux entreprises et la procédure collective contre l'emprunteur en droits tunisien et français". Toulouse 1, 2006. http://www.theses.fr/2006TOU10013.
Pełny tekst źródłaThis thesis treats the question of the faulty banking financing to firms against which the collective procedures are opened, in Tunisian and French laws. In this survey, we compare the two laws. In spite of the dumbness of the Tunisian jurisprudence, we bring closer the Tunisian law to the French law. This thesis presents enlightening analyses on legislative, jurisprudential and doctrinal evolutions in this subject. Furthermore, we implicate the responsability of banker distributor of credit to enterprises. Theoretically, this responsability is founded on the fault, the damage, and the connection of causality between them. The bank can commit several mistakes in the distribution, the breakdown, and the following-up of loans. This faulty distribution can produce several damages sustained by the creditors, the borrowers, or by the guarantees. So, it's necessary to prove the prejudice and its connection of causality with the fault. From the time when the different collective procedures are opened, the proxies of justice are authorized to bring the collective action against the banker to repair the colective prejudice. However, this doesn't prevent certain creditors to ask for the repair of collective and personal damage. The borrower and his guarantee are, also, invited to get against the banker and allowance of damages and interests
Le, Corre-Broly Emmanuelle. "Crédit-bail mobilier et procédure collective : contribution à l'étude du contrat de crédit-bail mobilier en cas de redressement judiciaire du locataire". Lille 2, 1997. http://www.theses.fr/1997LIL20003.
Pełny tekst źródłaThe first part of this thesis dealing with the study of the contract of leasing concerning bankruptcy or winding-up emphasizes the weakness of leasers co-contracting creditors. The demonstration can be proved by the established fact that the control of his contract is missing. He cannot choose to break the relationships granted by contact, pleading his partner's bandruptcy or winding-up. He cannot either stand in opposition to the transfer of his contract to the buyers of his indebted firm. The risks of non-payment debits previous to the opening judgment of the buyer's bandruptcy or winding-up are great. Even if the solution deserves some touches, the established payment garanties to the benefit of creditors, subsequent to the opening judgment, will be, in most cases, a lark-mirror. The rule of unreliability characterizes the payment of the creditor leaser. The second part of this thesis put forward the powes of the leases co-contracting ownes. His overwhelming power is, however, submitted to the condition of opposability of his patent rights. Since the law of the 10th of june 94 this has been reduced as a regular publication of its contract to the record-office having juridiction, which, howeres, remains the weak spot of the leaser. Once his opposability right on ownerships has been laid down the leaser can carry it out with a certain adaptability. Moreover, the legislator protects the leaser from the daywhen his ownership right was transferred
Shella, Andrew Jospeh Shella. "Negotiating Technology in Faculty Collective Bargaining Agreements". University of Toledo / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1513090944291521.
Pełny tekst źródłaBoustani, Diane. "Les créanciers postérieurs d'une procédure collective. : Etude des interactions entre le droit des entreprises en difficulté et le droit des garanties de paiement". Thesis, Nice, 2013. http://www.theses.fr/2013NICE0054.
Pełny tekst źródłaWith the law of July 26th, 2005, the situation of posterior creditors has changed. Divided into two distinct categories by the effect of a teleological criterion, their treatment by insolvency procedures are not identical. Posterior creditors who are not eligible for the preferential treatment suffer the binding rules of insolvency law, while only posterior creditors called "deserving" receive a payment due date and a privilege. However, in several aspects, these posterior creditors also face the rigor of the procedure, altering their chances to obtain payment. The situation of posterior creditors contrast with the situation conferred to the debtor. The protection of posterior creditors appears to be outside of the procedure. Instrumentalized by the insolvency law, payment guarantees offer many opportunities to escape the influence of the procedure. If the subject requires a technical approach of the situation of posterior creditors, he supposes to make a global study in order to show the many contradictions which irrigate the discipline
Romain-Huttin, Anne. "La notion de préjudice dans les procédures collectives". Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111013.
Pełny tekst źródłaFor many years, studying the concept of damage in bankruptcy proceedings had little interest since it referred only to the collective damage suffered by the creditors in relation with the opening of the proceedings, such damage being the reference in a field which, by definition, favours the collective to the individual. The compensation of the collective damage used to fall, and continues to fall, within the competence of the court nominee (“mandataire judiciaire” in French) who is legally in charge of the defence of the creditors’ collective interest.The different evolutions of legislation and case law occurred within the latest years tend to question the assimilation to the simple collective damage. This evolution appears under several aspects. Thus we can note the increasing number of decisions acknowledging the principle of compensation for personal injury suffered by a creditor within the framework of bankruptcy proceedings, even if the merits of the legal action are not always admitted by the courts. At the same time, the Supreme Court increases the number of decisions limiting the court nominee’s monopoly, which once seemed absolute. Indeed, certain damages, previously collective, nowadays come within the individual initiative. At the same time, the introduction of certain reforms under French law has, consequently, scrambled the limits of the concept of collective damage, previously omnipresent, as, for example, the “EIRL” (Individual Enterprise with Limited Responsibility) and the system of the unseizability declaration, which question of the ability of the court nominee to act in the interest of a creditor’s group.The purpose of this study is to examine the meaning of this concept in bankruptcy proceedings (collective or personal damage, or even damage suffered by a few persons, creditors or not), all the more so as it is not defined. The analysis of positive law has enabled us to establish that the judge appreciates through opportunity the existence of a damage that may be compensated, even if this leads to a confusion between the admissibility and the granting on the merits of a legal action, by requiring, as early as at the step of the admissibility, the proof of the damage that may be compensated. This observation has led us to propose a new hierarchy of the damages that may be compensated in bankruptcy proceedings, based on the capacity of the plaintiff, and enabling to take into consideration the different types of damages suffered in this field
Bondat, Damien. "Droit du travail et sûreté". Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0773.
Pełny tekst źródłaLabour Law and Security Law. Such a subject my startles at first as the links binding these disciplines are not self-explanatory. Yet those links are natural. When Labour Law applies it produces a debt between the employee and his employer. The objective of Security Law is to guaranty a debt relationship. Hence the links binding these disciples are indispensable. The existence of a subordinate relationship between the parties tends to hide the set of obligations that bind them. The employee-creditor is therefore in a posture of weakness towards the employer that owes him a debt. The lawmaker being alive to this problem created the salary’s general preference scheme, then the super-preference and, finally, the AGS. These legal instruments are considered by most common law and Labour Law scholars as constituting the debt of salary (payment) guaranty scheme. Nevertheless, the study of these three mechanisms reveals their inaptitude at successfully insuring the full payment of the employee’s credit. Yet this objective is paramount. It is in the essence of subordinate labour not to make the risks of business undertaking weigh on the shoulders of the employees. It is therefore necessary to identify alternative guarantees that will be successful at reducing this risk. But this undertaking is tricky. Neither Labour Law nor Common Law define the notion of Security. It will therefore be required to refer to the vision Common Law scholars have of Security because it is equivocal. Yet, for a number of reasons, these definitions present many faults and are globally not adapted to the field of Labour Law. The solution will hence be to elaborate a definition of Security that compensates these issues of cohesion and adequacy. This will lead to the proposition of a pragmatic and realistic identification of all securities used in Labour Law. The next step will be to analyse the legal framework applicable to the securities that have been identified. The idea is to figure out what would be the conditions and contexts required for these securities to participate in the greater goal which is to improve the payment of the credit employees have against their employers. The findings are rather uncertain. The newly identified securities fail to significantly complete the protection afforded to employees by the tryptic: general preference – super-preference – AGS. They can nevertheless fulfil their goal in very specific situations. For the remainder, simple and coherent changes to the legal framework of these securities could help improve this result
Hablot, Cécile. "De la norme privée à la norme publique en droit du travail". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020087.
Pełny tekst źródłaAmong all the standards that shape French Labor Law, the Collective Agreement is of a special nature. As a private standard, it has the same effects, towards the employees, as a regulation. Besides, the intervention of a public authority may cause its transformation. Its extension and its enlargement have already lead to a transformation: a ministerial order has widened the effects of the Agreement, thus suppressing definitively its privity. Yet the Collective Agreement has not become a regulatory standard. The mutation of the private standard to a public standard is not yet complete. A hybrid situation has emerged. But what about the liberty of the Social Partners and the powers of the French Minister of Labor? How to articulate the legal effects of the Collective Agreement and the legal effects of the ministerial ordinance? How to articulate the relationships between the ordinary courts and the administrative courts? From a private standard to a public standard, the transformation is complete when the content of a Collective agreement is adopted in a statute or a regulation, thus associating the Social Partners to the creation of a public standard. While their participation has received legislative backing, it might even be constitutionalized. Beyond the observation of the interdependence between the Social Partners and the legislative power, and beyond the assessment of the pros and cons of this interdependence, the conception of the general interest, the place of the Parliament and the role of the Conseil constitutionnel are at the heart of the present study
Falla, Elodie. "Les dommages de masse: Propositions pour renforcer l'efficacité de l'action en réparation collective". Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/239308.
Pełny tekst źródłaDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Saïdi, Hafid. "Référents identitaires, identité et idéologie de l'identité dans les processus de socialisation et d'acculturation : le fait communautaire comme procédure d'inscription sociale chez les enfants d'immigrés algériens à Carcassonne". Toulouse 2, 1992. http://www.theses.fr/1992TOU20075.
Pełny tekst źródłaRembert, Kellye Shofner. "Perceptions of county extension 4-H agents/educators regarding essential elements and delivery modes of positive youth development and their collective impact on character". Connect to this title online, 2009. http://etd.lib.clemson.edu/documents/1252424631/.
Pełny tekst źródłaDuboys, Fresney Astrid. "La négociation collective du plan de sauvegarde de l'emploi, contribution à l'étude des grands licenciements collectifs". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020055.
Pełny tekst źródłaThe collective bargaining of redundancy plan related to collective dismissals The collective bargaining is now part of the regulation of collective dismissals requiring the establishment of a redundancy plan in companies. Its role in companies have been getting stronger during the past thirty years. Thus, collective bargaining in companies seized the procedural rules linked to the framework of information and consultation of representatives but also relating to guarantees of avoidance and social assistance to dismissals. A real watershed was marked thanks to the enactment of the 14th June 2013 (n°2013-504) law. Indeed, this law ensures employment protection by offering the possibility to trade unions that represent workers in companies to negotiate the redundancy plan. These trade unions are now involved in the managerial decision determining the social consequences of collective dismissals for economic reasons. This collective bargaining that applies to a specific decision process generates innovations in the internal and external procedure setting up the framework of collective dismissals. The evolution of the redundancy controls, which are now oriented towards a negotiated right in companies, is reinforced. This constitutes the subject of the researches that are conducted in this thesis
Ripert, Jennifer. "Difficultés des entreprises et droits des salariés". Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40004.
Pełny tekst źródłaConfronting the difficulties of companies with the rights of workers entails discussing the co-existence and the articulation of subject areas whose purposes are different. When a firm encounters economic difficulties, conflicts of interest can become paroxystic. Thus it is the Law which will be resorted to so as to provide objective criteria acceptable by all stakeholders in order to shape solutions which will ensure the preservation of both the activity and jobs. Assessing workers’ rights at a time when a company encounters economic difficulties through the prism of the stakeholders’ theory regularly leads to dissatisfaction. It is essential to balance social justice with economic efficiency. Yet neither the law nor any contributions of the court really help to do so. Large segments of labour law and of bankruptcy law are incompatible. The lack of common standards between both subject matters makes finding compromise solutions impossible. Thus the conflict leads to a precarious and unsatisfactory equilibrium, whether it be in matters of prevention of difficulties for a firm, of their judiciary treatment or of the takeover of the company in difficulty. Workers’ rights are taken into account in a fashion which can be irregular, erratic and at times unjustified
Piih, Dieudonné. "Le traitement des établissements de crédit en difficulté en zone CEMAC". Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB138.
Pełny tekst źródłaSince 2014, the CEMAC legislator has instituted a specific right of bank failures. A year later, the OHADA legislator, in reforming the common law of insolvency proceedings, recognized the special treatment of banking difficulties. The problem of the relevance of this specific regime has led us to show that the notion of difficulty is the main criterion of its specificity. Indeed, common law has a patrimonial conception of difficulties. They are essentially economic or financial. The cessation of payments is the essential notion. Incontournable in common law, it is a concept with variable geometry in specific law. It is no longer the state in which the credit institution is unable to meet its due liability with its available assets, but rather when it can no longer provide its payments immediately or within thirty days. Beyond this adaptation of the definition of the cessation of payments, the CEMAC legislator considers in an unprecedented way that the withdrawal of approval constitutes cessation of payments. However, there are two procedures for withdrawal of approval, including the withdrawal of disciplinary and prudential approval. Thus, the cessation of payments can be disciplinary or prudential according to the withdrawal procedure. On a procedural level, the cessation of payments is not the condition for opening collective proceedings in CEMAC law. In judicial redress, the procedure will be triggered by the assent of COBAC. With regard to the liquidation of property, withdrawal of approval automatically opens the procedure. Today, we are not entitled to ask ourselves the question of what remains of the cessation of payments. In truth, nothing remains of the cessation of payments since even by defining a credit institution in difficulty, the legislator CEMAC does not refer to it. It considers that a credit institution is in difficulty when COBAC notices major malfunctions of any kind having an immediate or foreseeable impact on its management and / or its financial structure. As a result, the conception of difficulties in CEMAC law is more extensive than in common law. This is why we propose a reform of the common law for a more objective assessment of the notion of difficulty, notably by the rating or classification of claims inspired by banking regulations and an extension to extra-economic or financial difficulties such as withdrawal of approval or cessation of activities. The problem of the relevance of the specific regime also raises the question of the conditions of its cohabitation with common law. As a general result, COBAC controls the opening of the ordinary law procedure, either by prior authorization, by the assent, or by the appointment of a bank liquidator, a kind of "janus biface". ", Or finally by the division of the assets of the credit institution into banking and non-banking compartments. Better still, COBAC holds a right of veto. No collective proceedings may be opened in respect of a credit institution under provisional administration or under restructuring. COBAC's right of control is justified by the fact that it has powers and has more effective measures, notably the Guarantee Fund, to avoid systemic risk
Engblom, Tove, i Lisa Gunnarsson. "Lovet på landet : En rättsdogmatisk studie av 9 kap. 6 § PBL". Thesis, Högskolan Väst, Avdelningen för Matematik, Data- och Lantmäteriteknik, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:hv:diva-12804.
Pełny tekst źródłaWhen the older planning and building act was replaced in 2011 by todays planning and building act, the paragraph regulating permits exempt buildings actions received some linguistic updates. The updates where intended to simplify and update the interpretation. Any changes in the countryside in how this was supposed to be interpreted was not intended. This thesis examines how multiple Swedish municipalities interpret the permits exempt buildings according to 9 chap. 6 § planning and building act. The examination was done with a survey sent to all Swedish municipalities, which was then put together and the results where compared. To be able to decide if the municipalities have been making correct interpretations this thesis have also made a thorough legal examination of the law and preliminary work. 9 chap. 6 § planning and building act is a complicated paragraph and cannot be interpreted without reading the preparatory work. Unfortunately, just reading the propositions to the planning and building act is not enough. The preparatory work for older planning and building act must also be read to fully grasp the meaning of the law. The paragraph has gone through multiple updates since 1987, therefor the information has been spread out. The permits exempt buildings in this paragraph is aimed at property owners owning houses with one or two families in the countryside that want to erect a small extension for the house or a complimentary building adjacent to the main building. The condition is that there is a house on the property and that the building is of a complementary nature to not dominate over the actual main house. The property owner does not need to report to or consult with the municipality but is rather supposed to judge if the rules are applicable for them self.T hat the average citizen, without basic legal education, is supposed to be able to interpret a complicated paragraph like this is troublesome. The consequence of a misjudgement is expensive. Unfortunately, there is not a lot of guidance to be had from the municipalities since our survey shows that almost all Building Department are making incorrect decisions based on interpreting the paragraph incorrectly. This thesis shines a light on the problem with assigning a complicated paragraph to be interpreted by the property owners. Furthermore, allowing the municipalities to make their own regulations regarding the interpretation of the law, without accountability to superior government agencies does not make the problems fewer. Our conclusion with this thesis results in that better guidance and stricter demands on the municipalities must be enacted to not place too big of a responsibility on the individual citizen.
Zhou, Yuanzhi. "L'harmonisation des législations de l'insolvabilité bancaire : utopie ou nécessité ?" Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D010/document.
Pełny tekst źródłaThe systemic risk of the financial failure of the banking institutions has overturned profoundly the limits of the competence of the national legislations. Though the banking activities have the characteristics that serve the general interest, the great disparity between those jurisdictions creates the instability of the national and international markets. However, the major jurisdictions whichever the Europe, the UnitedStates or the China, have revealed overall convergence in preventing or resolving the risk of the bank failure, in a “lex argentariae” of a group of professionals that are homogeneous. The comparative analysis of those legislations that prevails the intervention of the administrative authority has clearly indicated the economic and financial needs, while the judges on bench, though of being subsidiary, continue to impose the solutions that has the authority erga omnes, and maintain their core functions, particularly the protection of the individual rights and freedoms. In order to surmount the utopia of a unified international legislation, the analogy of the solution has raised another important question, which is, the global coordination of the administrative and judicial intervention. These thoughts are confirmed by the evolution of the European Banking Union and of the activities of Chinese banks abroad
Abdel, Fattah Lara. "Appartenance à un groupe et déroulement du processus de défaillance des entreprises : application au cas de la France". Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100044/document.
Pełny tekst źródłaThis thesis is a contribution to both the literature on corporate bankruptcy and the literature on the internal capital markets and business groups. Using data relative to a sample of bankrupt firms over the period from 2006 to 2012, it proposes to rethink bankruptcy in light of two facts. The first one relates to the specificity of the French legal bankruptcy system which, despite its clear pro-debtor orientation, fails to save a high proportion of bankrupt firms annually. The second concerns the growing number of firms affiliated to business groups within the French productive system and the conciliation between group affiliation and the limited liability principle within business groups’ members. Through a multidisciplinary approach combining law and economics, this thesis proposes to analyze bankruptcy as a process which starts with the opening of a bankruptcy procedure and ends with the end of firm difficulties or the end of bankruptcy procedure when firm recovery becomes clearly impossible. Four chapters serve this objective.The main insights gained from the results emerging from all four chapters are consistent with a strong influence of group affiliation and group characteristics, limited to the first two steps of the bankruptcy process; namely the risk of filing for bankruptcy and the chance to benefit from a reorganization attempt relatively to liquidation. This suggests that business groups are involved in the financial support of their affiliates as long as the latter are financially sound and economically viable. Once an affiliated firm is subject to a bankruptcy procedure, its affiliation to a business groups is no longer an advantage over stand-alone firms
Alias, Aymeric. "La société plaideur : plaidoyer pour la reconnaissance d'un droit commun du contentieux sociétaire". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1026.
Pełny tekst źródłaGoing to court for a company involves many procedural issues. Since those issues are not sufficiently taken into account by legislators or ideally part of a compilation within a specific form of codification, they may be held responsible for inevitable practical difficulties. Many questions arise : concerning rights likely to be brought up before a judge by a company or against a company ; its ability to benefit from an action ; the power or quality of those who claim to represent the company before a judge, the competence of a court to hear the case at hand ; managing procedural time in line with the pace of corporate life ; drafting and communicating the procedural acts issued in the company’s name or for the company ; ensuring the court rulings taken in the company’s presence be enforced. The obvious risk is procedural failure. The difficulty stems from the existential and functional ambiguities of this a-typical company. At first sight, procedural does not seem to be able to adapt to the nature of the claimant company. In order to leave room for some humble but useful certainties in this area, one must coherently gather all that constitutes the substance of companies’ procedural law, based on an interpretation that will make it understandable. That is the aim of the present dissertation while dealing with practical difficulties and suggesting suitable solutions. “The Claimant Company” is a plea for the recognition of the governing law in disputes between companies, which deserves to be part and parcel of the many implications of jurisprudence
Hervas, Hermida Clara. "La notion d’action de groupe : étude de droit comparé". Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100087.
Pełny tekst źródłaThe aim of this thesis is to offer a specific notion of the idea of group litigation, in a procedural and comparative perspective. The mass consumer society in which we live has generated a style of litigation that involves a vast number of people. Grouping claimants together in a class action is meant to resolve this sort of litigation. But comparative law illustrates the complexity of the topic. A large number of different models of class action exist. Terminology is vast and often spans interchangeably terms such as group litigation, collective actions, class action, procedural models and pilot decisions. Each model shows different ways to solve the same problem. In spite of this, we can still find a specific framework with distinct and typical characteristics. However, this specific notion can only be procedurally based. Clearly, resolving this type of litigation must be viewed from this perspective. Judicial process is the way by which to protect rights and legal and legitimate interests without considering their nature. But it is at procedural level that protecting this type of situation raises the most problems. Class actions therefore naturally fall within this legal discipline, and bring to light a specific idea that makes the judge the linchpin when deciding the outcome of litigation
Al, Saud Salman ben Abdel Aziz ben Salman ben Mohammad. "Problèmes de base du droit des entreprises en difficulté : étude comparée droit français - droit saoudien". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020096/document.
Pełny tekst źródłaAt a general level, French law and Saudi law provide similar solutions to companies facing financial difficulties: they both provide for the possibility of a non-contentious treatment of the difficulties through an agreement between the debtor and its creditors; if this process fails, an insolvency procedure will be initiated. However, the philosophy of the two systems is far from being the same: the main concern of French law is to achieve save the company, that it considers being creative of wealth and jobs, whereas Saudi law has essentially the concern of securing the creditors' rights. To achieve its objectives, French law has been very active in this area, while the Saudi law remains in its Regulation of 2 June 1931 on bankruptcy and its decree on preventive conciliation of bankruptcy dated 24 January 1996. Where the French insolvency system is complex, the Saudi one is simple. The analysis of the basic issues in this area leads to wonder whether a third route could be considered
Klein, Pauline. "L'opération de prévoyance". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020041.
Pełny tekst źródłaSupplementary social protection schemes are tools which employers can decide to utilize inorder to retain their employees. Corporate social protection systems are directly based on the principles which rule the functioning of the basic social security scheme. Understandably, they are characterized by a strong collective dimension. Design and implementation of corporate social protection are therefore associated with the pursuit of ideals of equality,solidarity and risks or resources pooling. The enactment of the founding legislation in this area – i.e. the Evin and Veil Acts* – led to the setting up of mechanisms peculiar to corporate social protection systems and whose very existence is revealing of this collective dimension.The influence of insurance law is indisputable and having full command of it is naturally instrumental in ensuring the viability of corporate social protection. Corporate social protection systems indeed find themselves at the crossroad of several legal domains. They are therefore distinguished by the complexity of the relations between their actors as well as that of the rules governing the collective insurance contract through which they are implemented. Optimizing its cost is a performance employers can only achieve through a careful conciliation of these instruments
Tramarin, Sara. "La tutela giudiziale e stragiudiziale del consumatore nel diritto dell’Unione europea". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA007/document.
Pełny tekst źródłaThe thesis analyzes, under various aspects related to private international law and international civil procedure of the European Union, the status of the protection offered to the European consumers in their international contracts, in particular in relation to the objectives and in the context of the single market. The thesis is divided into three chapters. The first chapter deals with consumer protection in the international private law of European Union (regulation (UE) 1215/2012 and regulation (CE) 593/2008). The second chapter deals with the protection offered to consumers by european international civil procedure with reference to individual and collective litigations. The third chapter deals with alternative dispute resolution (ADR) and with on-line dispute resolution (ODR) and analyzes EU directive 2013/11/UE and regulation (EU) 524/2013
La tesi analizza, sotto vari aspetti relativi al diritto internazionale privato e processuale dell’Unione Europea, lo stato della protezione offerta al consumatore europeo nei contratti e nelle controversie internazionali, con uno specifico riguardo alle tutele di carattere processuale e giurisdizionale. La tesi si articola in tre capitoli, che investono gli ambiti in cui tale tutela può esplicarsi, ovvero, l’individuazione di un foro e di una legge applicabile favorevoli agli interessi del consumatore, la semplificazione delle regole di procedura nelle controversie individuali internazionali, la possibilità di dare luogo a procedimenti transfrontalieri collettivi e la creazione di un sistema efficace di risoluzione delle controversie internazionali in via stragiudiziale anche on-line. Il primo capitolo ricostruisce dapprima il sistema di diritto internazionale privatodell'Unione europea in materia di contratti di consumo, dando conto del contesto politico ed economico in cui si inserisce ed alla cui luce devono esserne letti gli obiettivi. Vengono quindi individuati i principi e gli obiettivi che fondano le norme di diritto internazionale privato in materia di contratti internazionali del consumatore, le quali si caratterizzano per l’essere ispirate a finalità materiali, ovvero, volte a permettere di individuare un foro competente ed una legge applicabile che siano in grado di bilanciare tra loro le esigenze dei consumatori e degli operatori del mercato, con la conseguenza di favorire l’esplicarsi degli scambi commerciali e della concorrenza nel mercato unico. Ciò avviene garantendo al consumatore l’applicazione della legge e la competenza del foro a lui più prossimi, ovvero quelli del suo paese di residenza abituale (la cui coincidenza permette peraltro una riduzione dei costi delle liti transfrontaliere) e la prevedibilità delle soluzioni agli operatori del mercato.Il capitolo traccia quindi lo sviluppo normativo e giurisprudenziale delle norme di diritto internazionale privato europee in materia di contratti del consumatore, prendendo in particolare in considerazione le più recenti sentenze della Corte di Giustizia che, dal 2010 ad oggi, hanno ridefinito l’ambito di applicazione delle norme contenute nel regolamento (CE) 44/2001 (Bruxelles I), oggi rifuso nel regolamento (UE) 1215/2012 (Bruxelles I-bis), e nel regolamento (CE) 593/2008 (Roma I), insistendo sulla definizione del concetto, volutamente aleatorio, di “attività diretta” e sul suo ruolo di preminenza nel connettere la fattispecie contrattuale allo Stato della residenza del consumatore per permetterne la competenza dei giudici e l’applicabilità della relativa legge. Viene svolta infine una analisi critica sull’interpretazione fornita dalla Corte di Giustizia che rischia, nel concreto, di rendere le norme in oggetto applicabili in maniera variabile dai giudici nazionali, garantendo alle volte una tutela troppo estesa o troppo ristretta al consumatore, senza riguardo per l’esigenza di certezza giuridica degli operatori del mercato
Cottigny, Maxime. "Responsabilité civile et procédures collectives". Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20013/document.
Pełny tekst źródłaCivil liability and collective procedures, are terms in the effects a priori irreconcilable. Nevertheless, the legal politics of the collective procedure uses, so as to coherent and opportunist time, the civil liability, which is then put in the service of its purposes and of his regime and the use of which shows itself fluctuating and opportunist. The profit ? The mutation of the civil liability. Indeed, on one hand the legal efficiency of the law of the collective procedures makes its function evolve. Established on a balance of the interests, itprotects her. On the other hand, it develops the regime of the civil liability, that is his conditions of bottom or shape. But why to confine the protection of the interest in the collective procedure? Cannot we see in this function, the direction of the evolution of the civil liability in business law?
Lopez, Laëtitia. "L'action en justice des parties prenantes dans le cadre de la Responsabilité Sociale de l'Entreprise". Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3052/document.
Pełny tekst źródłaLegal actions brought to court concerning Corporate Social Responsability reveal certain limits when litigants’ stakeholders wish to protect their interests. The Corporate Social Responsability law falls between soft law and hard law. Going through CSR law’s judicalization could really make litigation of stakeholders efficient. Usual processual mechanisms are insufficient once an action has to be brought to court dealing with CSR. The civil procedure will need some changes, specifically relating to legal standing and stakeholder interest. Some added improvement would allow stakeholders to ensure their legal defence thanks to this new and efficient legal device. The setting up of a collective action including a CSR with more resemblance to the American one would represent one such improvement. Moreover, stakeholders can decide to settle the matter out-of-court with an extrajudicial approach, using alternative dispute resolution. This choice could amount to a more negotiated inflection of justice. These proposals seem to be necessary to settle an efficient legal action concerning CSR. In this way stakeholders will be able to litigate in a whole new way in order to consolidate their protection. Current legal and social needs seem to make the law evolve so that stakeholders benefit from a legal action which can be considered as a real countervailing power against a corporation
Allard, Baptiste. "L'action de groupe : étude franco-américaine des actions collectives en défense des intérêts individuels d'autrui". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB128.
Pełny tekst źródłaThe French debate on collective actions is characterised by a central contradiction: while US class actions almost systematically serve as the starting point of discussions among French lawyers, they remain widely unknown to them. Being a reason for hope, admiration as well as fear, the American model of class actions can explain why the introduction of collective actions in French law was decided, why it was delayed for so long, and the many flaws of the resulting legislation