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Compain, Adrien. "La cohérence du droit judiciaire européen en matière civile et commerciale". Nantes, 2012. http://www.theses.fr/2012NANT4013.
Pełny tekst źródłaGiven the increasing number regulations adopted in European judicial law in civil and commercial matters of European, defined as the judicial rules applicable to the European economic litigation, its coherence has to be carried out. To that end, the study intends to identify the sources of inconsistency of European judicial law in civil and commercial matters. The European judicial law in civil and commercial matters is the result of a construction process that determines its substance. Therefore, the study of the coherence of the construction precedes the study of the coherence of its result. The assessment of the coherence of the construction reveals that the European judicial law in civil and commercial matters regulations adopt neither the same method, nor the same foundation. First generation regulations, which mitigate the effects of the judicial border, an distinct from second generation regulations, which suppress these effects. These second generation regulations are based on an "absolute" principle of mutual recognition of decisions, which can not constitute a valid foundation for the European judicial integration. The assessment of the coherence of the result reveals that the lack of coordination and the inconstancy of the regulations oppose to the emergence of a European judicial law in civil and commercial conceived as a homogeneous, accessible and predictable body of rules. It also reveals that the regulations infringe the fundamental principles of the respect for an effective right to a fair trial and the respect for the diversity of the legal systems of the Member States
Payan, Guillaume. "Pour un droit européen de l'exécution en matière civile et commerciale". Toulon, 2008. http://www.theses.fr/2008TOUL0050.
Pełny tekst źródłaSince about ten years, the European legal writing and the European Commission underline the opportunity of a European action in the field of enforcement of enforceable titles. However, this field is still today given up to the national laws. This situation should change in the months to come. Indeed, the European Council of the 4 and 5 of November 2004 approved a program – the program of the Hague – which envisages an action of the Community legislator in the field of enforcement. The present study anticipate the first concrete achievements of the European legislator's action in this field by suggesting the creation of a European enforcement Law in civil and commercial matters. The purpose is to guarantee coherence between the future European enforcement instruments. For this purpose, a legislative strategy at two levels is proposed. The first level is characterized by the adoption of a global approach of the matter of enforcement of enforceable titles within the European Union. At this level, this is question of defining the principal legal concepts concerning enforcement, to delimit the field of the European action and to define the guiding principles of this action. The second level of the legislative strategy suggested is characterized by and “sectoral approach”. At this level, are considered the first European instruments which could be adopted within the framework of this Law. By preoccupation with realism, the second level of the creation of the European enforcement Law should be materialized by a series of specific interventions, adapted to the needs and the difficulties met. Four priorities were defined: the creation of a European procedure of attachment of bank accounts, the creation of a procedure allowing to locate debtors assets, the harmonization of the national legislations relating to the publicity of enforcement procedures and the coordination of the national legislations defining the statute and the functions of the authorities in charge to implement the enforcement procedures
Bleuse, de Ponfilly Séverine. "L'espace judiciaire europeen en matiere civile et commerciale". Paris 5, 2000. http://www.theses.fr/2000PA05D015.
Pełny tekst źródłaDavila, Valdiviezo Charlotte. "Les stratégies contentieuses en matière civile et commerciale : étude à partir du Règlement Bruxelles I bis". Electronic Thesis or Diss., Lyon 3, 2023. http://www.theses.fr/2023LYO30032.
Pełny tekst źródłaWhile the term "strategy" is rarely associated with the legal field, strategies aimed at leveraging the law to one's advantage have always existed. To shed light on this phenomenon, this thesis focuses specifically on litigation strategies that revolve around a trial as a central point.The starting assumption was the paramount importance of understanding the rules and the framework to effectively navigate towards an advantageous outcome. Rules here are broadly defined to include the legal rules of the member states and the Union, the case law of their courts, and the entire economic, political, social, and cultural context surrounding the parties and their dispute.Strategic litigation practice in the European area then warranted a detailed review of the various actors involved in the strategy (parties, national judges, European judges), as well as the history and evolution of the European Union and its law.This quest for knowledge of the rules also led us to revisit the conceptual framework and concrete achievements concerning jurisdiction in the European Union, highlighting a complex system revolving around the Brussels 1bis Regulation and a Court of Justice of the Union, both an actor and promoter of European integration.However, the development of strategies does not stop at understanding the rules but requires their anticipation and adaptation to changing realities. The choice of court then becomes a strategic maneuver, guided by both objective and subjective criteria.Reviewing European history as well as the trajectory of the strategic actors provides an opportunity to grasp their operating modes and to anticipate their actions within the context of a multicultural Europe, composed of sovereign member states. It will be about predicting legal developments, jurisprudential reversals, advantageous positions, or even actions that are likely to meet the economic or political objectives of the Union, while keeping in mind that judges can always introduce bias into the judgment process. It will also involve understanding the adversary's history in order to estimate their strengths and weaknesses to adjust the strategy accordingly.However, there is no single path to the success of a litigation strategy: the success of a strategy largely depends on the perception of the litigant, their objectives and expectations. The choice of jurisdiction can then be made based on the procedural guarantees offered, the predictability of the decision, or the application of specific rules attached to the forum.The litigation strategy can also involve breaking away from this scheme to seek an alternative resolution through amicable methods or arbitration.While the strategic approach may be tempted to free itself from ethical or moral constraints by using maneuvers that pervert the purpose of the texts, it is essential to remember that a strategy can be both profitable and virtuous. Failing this, national and European judges will play their role as safeguards of the system's integrity
Usunier, Laurence. "La régulation de la compétence juridictionnelle en droit international privé : étude de droit comparé en matière civile et commerciale". Paris 1, 2006. http://www.theses.fr/2006PA010283.
Pełny tekst źródłaPailler, Ludovic. "Le respect de la Charte des droits fondamentaux de l'Union européenne dans l'espace judiciaire européen en matière civile et commerciale". Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0101.
Pełny tekst źródłaWhen the treaty of Lisbon gave Charter of Fundamental Rights of the European Union its legally binding force, it gave rise, in article 67, paragraph 1, of the Treaty on the Functionning of the European Union, to a legal obligation to respect fundamental rights while building the Freedom, Security and Justice Area. As this legal obligation concerns all the rules of this space, it raises questions in the European Judicial Area in civil and commercial matter where rules coordinating national legal systems are partially resistant to the influence of fundamental rights. Polysemy of the notion of respect make it possible to consider different ways for the Charter and the European Judicial Area law to interact. If the hierarchical principle seems to be the most obvious way to ensure the respect of the Charter, it transpires to be inappropriate by itself and because of the specific context fort the application of the Charter commanded by the European Judicial Area. So, it would be more convenient to substitue the hierarchical principle with a more supple way of interaction, the combination, so as to conform the studied space to the article 67, paragraph 1, of the Treaty on the Functionning of the European Union
Wilhelm, Anny. "Etude comparative de la réception des règles de competence de la convention de Bruxelles du 27 septembre 1968 en matiere d'obligation civile et commerciale en Allemagne et en France". Nice, 1998. http://www.theses.fr/1998NICE0064.
Pełny tekst źródłaDeirmendjian, Élisabeth. "La stratégie d'anticipation procédurale en matière civile". Electronic Thesis or Diss., Toulon, 2012. http://www.theses.fr/2012TOUL0068.
Pełny tekst źródłaThe civil procedural assessment strategy allows for a proper choice between the various existing rules depending on the aim. The assessment of the trial and the strategy at the heart of the lawsuit sets aside the scope of individual liberty that the defendant is entitled to during the civil trial. During the assessment of the origin of the dispute or the consideration of the methods for resolving it, the contractual technique is a matter of avoiding judicial recourse as part of an assessment strategy. Once the litigation has been entered into, the choice of suing involves assessing the chance of success of the lawsuit compared to the expected result. Sometimes what is preferred is alternative dispute resolution methods, or even recourse to a private judge (arbitrator). But if a lawsuit is entered into, it will be necessary to provide the defendant with answers to a certain number of questions that are necessary for developing the strategy that he will use throughout the case. In order to reduce legal risk, several parameters must be taken into account, such as the current state of legislation, jurisprudence, and opponents’ responses as well as those of the Office of Justice. The effectiveness of the assessment strategy will vary depending on the degree of predictability of the different elements which form the subject of this study
Delassus, Marc. "La société d'exploitation agricole sous forme civile et sous forme commerciale : recherche sur l'intérêt d'une forme commerciale dans l'exploitation agricole". Paris 12, 1990. http://www.theses.fr/1990PA122005.
Pełny tekst źródłaConcurrently to individual holding involving a whole family with personal responsibilities, another form of holding based on partnership has developed for several years. The juridical framework adopted has been the one of the civil firm with or without a particular statue (gaec. Earl. Scea. . . ). Insofar as the agricultural firm uses techniques of the industrial or commercial sector more and more often, commercial firms aren't to be systematically excluded even if the farming activity remains by virtue of the law a civil activity
Deirmendjian, Élisabeth. "La stratégie d'anticipation procédurale en matière civile". Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0068/document.
Pełny tekst źródłaThe civil procedural assessment strategy allows for a proper choice between the various existing rules depending on the aim. The assessment of the trial and the strategy at the heart of the lawsuit sets aside the scope of individual liberty that the defendant is entitled to during the civil trial. During the assessment of the origin of the dispute or the consideration of the methods for resolving it, the contractual technique is a matter of avoiding judicial recourse as part of an assessment strategy. Once the litigation has been entered into, the choice of suing involves assessing the chance of success of the lawsuit compared to the expected result. Sometimes what is preferred is alternative dispute resolution methods, or even recourse to a private judge (arbitrator). But if a lawsuit is entered into, it will be necessary to provide the defendant with answers to a certain number of questions that are necessary for developing the strategy that he will use throughout the case. In order to reduce legal risk, several parameters must be taken into account, such as the current state of legislation, jurisprudence, and opponents’ responses as well as those of the Office of Justice. The effectiveness of the assessment strategy will vary depending on the degree of predictability of the different elements which form the subject of this study
Rajaa, Adil. "Responsabilité civile et indemnisation en matière d'accident de la circulation au Maroc". Perpignan, 2005. http://www.theses.fr/2005PERP0602.
Pełny tekst źródłaNawaiseh, Basel. "La responsabilité civile en matière d'environnement en droit français et en droit jordanien". Rouen, 2008. http://www.theses.fr/2008ROUED001.
Pełny tekst źródłaThis comparative study in the french law and jordaniain law treats the conditions of the civil responsibility in matter of the environmental damage (damage, the main fact of civil responsibility, and the causal relationship), as well as it shows the foundations of civil responsibility, and the causal relationship), as well as it shows the foundations of civil responsibility either tort or contractual relation. After that , it will deal with the consequences of civil responsibility for environmental damage , such as lawsuit reform and the responsibility of environmental damage , such as lawsuit reform and the responsibility of environmental damage and the statement of ways to repair this damage and compensation
Alhadidi, Ismaeel. "Arbitrage commercial international et politiques étatiques en matière commerciale : l'exemple du droit de la concurrence". Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0296.
Pełny tekst źródłaThis study aims to delimit the intensity of the engagement of arbitrators in protecting state interests when it comes to commercial disputes. These interests will be studied under the title of policies because the arbitrator will be enforced sometimes to make an interest prevail over another and the latter will be considered as a policy that deserve a protection. Therefore, we will try to look at the policies that arbitrator cannot scarify and the others that he can do scarify.In one hand, there are some zones that arbitrator must respect without having the possibility to evaluate, which will lead us to examine the question of arbitrability. In the other hand, there are many zones where he can impose his own appreciation. In order to strengthen his position the arbitrator will not hesitate to refer to international law if he chooses to not take into account a national law.The absence of precise rules governing arbitration results in controversial doctrinal positions on the interaction between arbitration and state policies. We will try to clarify these positions and drew the consequences of this situation.Despite the internationality of the arbitration, the national law and the national judge are indispensable for the success of the arbitration. That is to say that the arbitrator is required to pay attention to the policies of the states and decide how he will not ignore them. The states, in return, must put their trust in the arbitrator and rely on him to successfully meet the challenge of state policies
Ngoungoure, Mfenjou Dorothee. "L'oeuvre créatrice de la jurisprudence en matière de responsabilité civile et d'assurance des constructeurs". Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00186806.
Pełny tekst źródłaNgoungoure, Mfenjou Dorothée. "L'oeuvre créatrice de la jurisprudence en matière de responsabilité civile et d'assurance des constructeurs". Lille 2, 2007. http://www.theses.fr/2007LIL20005.
Pełny tekst źródłaThe Spinetta law of 4th January 1978 is the fundamental law governing real estate construction. It governs both the liability of constructors as well as compulsory insurances (liability and insurance for destruction of buildings). Due to it loopholes and imperfections, the judge have a preponderant margin of interpretation. He freely interpretes and innovates the law. The judge sometimes derogates from principles of the civil code and code of insurance. The judge relies on the financial abilities of insurers to efficiently protect project the owners as required by the philosophy of this law. Thus, the judge extends the scope of the liability of constructors and construction insurance. The dynamic judge’s action has a negative impact on construction insurance, especially the mechanism of prefinancing damages and the subrogation mechanism. Insurers who prefinance damages do not often recover the funds advanced. In spite of these disfunctionings, this system of insurance remains according to construction professionals, globally satisfactory and by far the most protective at the european level. Stay to know if this system in the future will be a model in case of harmonisation
Bai, Song. "L'unification des régimes de responsabilité civile en matière de pollution marine". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1049.
Pełny tekst źródłaSince the Torrey Canyon oil spill, the International Maritime Organization began drafting three international conventions (CLC, HNS and bunker oil conventions) to establish civil liability for compensation for ship-source pollution damages. Claims for compensation for pollution damages (including clean-up costs) may be brought against the owner of ships which caused the damages or directly against the owner's insurer. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. Furthermore, the IOPC funds which was set up in 1992 under the IOPC convention 1992 is able to compensate the victims when compensation under the CLC 1992 is not available or not adequate. But do these international regimes work well ? And are there conflicts between the International conventions ? Certainly, the most of loss resulting from oil spills from sea can be compensated by the CLC/ IOPC system. But the compensation under CLC/IOPC is not able to be enough for the major pollution events. If the CLC, HNS and bunker oil Conventions don't set up the same scopes, these International Conventions might be in conflict in case of transportation of dangerous goods or hazardous goods by sea, because the spill of the bunker oil and the hazardous goods would cause a major marine pollution. This paper gives an overview of international liability and compensation regime, and tries to give a proposal to resolve the conflicts between the international conventions
Meledje, Akpa Henri. "Les principes fondamentaux de célérité et des droits de la défense et le code de procédure civile commerciale et administrative ivoirien". Paris 2, 1986. http://www.theses.fr/1986PA020052.
Pełny tekst źródłaThis research is on a new model of procedural code concerning the civil rights trade and administration in the ivory-coast. The study was based on two fondamental principles: swiftness in the dispensation of justice and defence rights. Decreed on 1972, this code is a large extent a product of the country's history. Although modified, or adapted to suit the local environment, signs of colonial rule are still present. In fact the study tried to show the evolution in time and space of world event of which this code is the product. An effort has been made to show the originality of this code, and the differences between it and french procedure. The originality comes from the fact that there is a common judicial procedure to all branches of law as against french's which has a specific procedure for each branch of law. However, there is still a lot to do in the technicalities of the code as many procedural rule are either not covend at all or are shallowly treated. Furthermore, inspite of the sound structure for swiftness (unified tribunals and procedures, thereby reducing the nomber of steps and time required to complete a case) adopted by the authors of the code, many juges apparently and paradoxically make it difficult for suitors, maybe as a result of their training which was not originally geared to handle the new situation. Besides, the authors of the code completely ignored the theme "defence rights" apparenteltly because they were much more preoccuped with the dispensation of justice. And that is all the more reason why (the topic of) this study was chosen -knowing fully well that swiftness can make defence rights to suffer even more. Finally, one thing that can be said is that a code exists; but to have a code is one thing, and (to know) the reality is another
Lacroix, Mariève. "L'illicéité - Essai théorique et comparatif en matière de responsabilité civile extracontractuelle pour le fait personnel". Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28495/28495.pdf.
Pełny tekst źródłaFreleteau, Barbara. "Devoir et incombance en matière contractuelle". Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0223/document.
Pełny tekst źródłaThe XXthe century has given rise to the notion of objective good faith in contract law, and more generally, to a standard by which the behaviour of parties to an obligation is judged. The adoption of the concepts of contractual duty and incombance allows a technical approach without affecting the category of civil obligations.Contractual duty is a code of conduct that the contracting party has to observe throughout the performance of the contract ; otherwise it might be viewed as being in a breach of contract. For example, the requirements of good faith and security are duties in that they require the contracting party to adopt a certain conduct on an ongoing basis, in addition to the obligations the contracting party has to carry out under the terms of the contract.Contractual incombance is also a merely behavioural constraint, however it differs in that it weighs on the contracting party only if they wish to benefit from the advantages it determines. It is a prerequisite for the exercise of a right. A buyer who wishes to avail himself of a legal warranty against latent defects, for example, must point out any defect to the vendor, just as the insured who wishes to make a claim must report the covered incident to his insurance company.Distinct sanctions apply to these notions : in case of a breach of contractual duty, penalties can be awarded as a result of the party’s failure to perform its contractual obligations ; on the other hand, non-compliance with and incombance will entail the loss of the determined right
Alkhudhair, Ahmad. "La saisine du juge des référés en matière civile : étude comparative des droits français, égyptien et koweïtien". Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA004/document.
Pełny tekst źródłaThis dissertation explains the issue that had a long-standing debate regarding the relationship between jurisdiction and judicial discretion on the light of three different legal jurisdictions ; France, Kuwait, and Egypt. In doing so, this thesis will explore the connection between these two principles, specifically as it pertains to recourse and interim relief. To achieve this goal, it offers two critiques of the system goals. First, strive to resolve the discrepancy between judicial discretion and their competence in determining jurisdiction through answering this question : does the judge is not competent or do not have the jurisdiction ? Does the judge have the power or the authority to grant interim relief ? I believe it is necessary to resolve this issue practically, not in theory. Second, eliminate the confusion between the concepts jurisdiction and the authority of a judge in issuing an injunction relief. The importance of this goal is arise due to the legal consequences that entailed by this distinction. The regimes of the defense, as well as procedural and substantive sanctions are no longer the same, depending on whether the judge of injunction relief declared the application is inadmissible, or the judge is not competent or when a judge exceeds a jurisdictional authority
هذه الأطروحة تهدف الى المشاركة في نقاش محل للجدل، طرح مسبقاً، حول العلاقة بين مفهوم الاختصاص وسلطة الفصل، في إطار التقاضي امام قاضي الأمور المستعجلة. فهي بهذا الشأن موجهه أولاً الى ممارسين مهنه المرافعات، وكذلك الى الفقه القانوني في الدول الثلاثة محل هذه الدراسة المقارنة ( الفرنسي، الكويتي، والمصري)، الذين تناولوا بسخاء هذه المسألة محل الخلاف، والتي دون ادنى شك لا تزال بعيده عن نهايتها. في الواقع، بالنسبة لنا هذه الدراسة، بقدر ما انها مقارنه تحليليه، بقدر ما انها ترمي الى أزاله الخلط بين مفهوم الاختصاص وسلطة الفصل. لما لهذه التفرقة من أهمية خصوصاً في المسائل المستعجلة. فهذا النقاش محل الجدل ليس في الواقع مجرد جدال نظري، وذلك بسبب العواقب القانونية المترتبة على هذه التفرقة. لاسيما إذا ما أخذنا بالاعتبار ان نظام وسائل الدافع وكذلك الجزاءات الاجرائية والموضوعية ليست متماثله؛ عندما يحكم قاضي الأمور المستعجلة بعدم القبول او بعدم الاختصاص او عندما يتجاوز حدود ولايته اَي حدود سلطته القاضية
Diallo, Sidiki Alassane. "Le réglement pacifique des differends internationaux relatifs a l'aviation civile internationale : la compétence de l'organisation de l'aviation civile internationale et les pratiques en la matière". Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64494.
Pełny tekst źródłaRéa, Frédérique. "L' oralité en matière prud'homale". Montpellier 1, 2007. http://www.theses.fr/2007MON10067.
Pełny tekst źródłaThe spoken word is one of the specificities of tribunal proceedings. Although litigants are very attached to this tradition, it is also a source of problems for practitioners. The oral nature of the dispute before the employment tribunal ensures greater simplicity and a more direct access of employees to the judge. Even if the spoken word should, in principle, guarantee the efficiency, speed and flexibility of the institution concerned, the latter is faced with a completely different reality, which tends to underline its inadequacies at the dawn of the third millennium. It is necessary to analyze and assess the real place of the spoken word in employment tribunal today, what it represents and its mechanisms so that a study could be conduced to decide whether it should or could continue, and, if so, to propose appropriate changes guaranteeing its future
Anger, Bernard Hélène. "La Qualification industrielle et commerciale des établissements publics nationaux dotés d'un comptable public : recherches sur ses conséquences en matière financière, budgétaire et comptable". Caen, 1986. http://www.theses.fr/1986CAEN0002.
Pełny tekst źródłaThe industrial and commercial qualification of the national public establishments with a public accountant is determinating in financial budget and accountable management, independently of the object of the mission. It involves some consequences on a first part, on the origin of the ressources and the execution of the bargains; on a second part on the accountable and budget rules
Brüggemann, Anna. "La reponsabilité délictuelle en matière de pollution de l'environnement en droit français et en droit allemand". Paris 10, 2009. http://www.theses.fr/2009PA100143.
Pełny tekst źródłaThe subject of this thesis is a comparison of the legal norms with regard to the liability from pollution of the environment in France and Germany. This comprises all norms which provide compensation for damages mediated through the environment, for example damages mediated by water, air or soil, or caused by noise. The rules of liability among neighbours, the rules of strict liability and of liability in tort are compared with special regard to the typical problems which arise in cases of environmental pollution. These are in particular the determination of causality, the influence of public law and the compensation of purely environmental damages. Finally, the introduction of a strict liability in environmental law on the level of the European Union is proposed
Leonetti, Antoine-Jean. "Les autonomies administratives en matière culturelle en Espagne, au Royaume-Uni et en France". Paris 1, 1997. http://www.theses.fr/1997PA010319.
Pełny tekst źródłaThe purpose of administrative autonomy in matter of culture is to protect the artist against all political interferences (autonomy of the cultural field towards the political field), and to protect all the expressions of culture, concerning living arts or cultural memory (cultural identities, heritage). Also, autonomous administrations must only deal with cultural subjects. Spain, U. K. And France have experienced various types of autonomy since the renaissance. Today, the autonomy appears in spain in the case of autonomous communities arts departments, in the U. K. With the nations' arts councils (based on the arm's length principle) and the regional arts boards, and in France with the cultural decentralization. The constitutional dispositions about art facilities and multiculturalism - objects of real "cultural constitutions", even if not written - are still very different according to the countries. Although international law and european law are in favour of a recognition of cultural minorities at a national level, france refuses constitutionnally such recognition. Nevertheless, some convergences do appear between the three countries, with the multiplication of autonomies at a local level, and the developpement, by supreme court decisions (Spain) or statutes (France, U. K. ), of concurrent cultural competences between the different public authorities in each country. In france, the notion of "pays" since a 1995 act may compensate today the local authorities' lack of cultural identities. Yet, the strong politisation of arts administration challenges the reality of administrative autonomies in matter of culture
Al, Khoury Wissam. "Des nullités en matière civile : essai de reconstitution d'une théorie en droit français et libanais en considération des perspectives européennes et internationales". Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10031.
Pełny tekst źródłaThe theory of nullities, as exercised nowadays in civil Law, suffers from a severe incoherence as much in its conceptualization as in its applicafion. It would be adequate to talk of “accumulation of theories”. Since, of all the theories that have been elaborated, none has succeeded to impose itself as the only competent to cover the entire subject, and none, on the other side, has been definitely eradicated from the juridical practice. From the inexistence, to the rescission, to the relative, absolute, virtual, partial, conventional, unilateral nullities, the modules of the system of nullification accumulate without forming a homogenous set liable of forming an apt theory worth the historical and global reputation of the French civil Code. In light of the movement of Europeanization and globalization of the juridical and legislative activity from one part, and at the time when the site of the reform of the of the law of obligations and contracts has been launched, from the other part, it seems that only a theory of nullity free of any demanding and dogmatic classification would be able to remedy the difficulties arising from the tireless variation of circumstances. In this perspective, emancipating the nullity will lead us to dust the nucleus of the theory and put on forth the principle of the goal of the law. This also implies enlarging the “imperium” of the magistrate to emphasize the goal of the law, either to ensure the protection of the general interest or public order or to reinforce the protection of the contractor weak towards the contract
Moumne, Rolla. "La clause sociale entre impératifs économiques et considérations juridiques : Divergences et convergences en matière de régulation sociale et commerciale internationale: l'OIT ou l'OMC comme instances de régulation". Paris 2, 2006. http://www.theses.fr/2006PA020069.
Pełny tekst źródłaEl, Rouby Ossama Rouby Abdel Aziz. "La cour de cassation et le contrôle de l'application de la loi civile et commerciale : étude comparée franco-égyptienne : contribution à l'étude de la protection procédurale des droits de l'homme". Dijon, 2000. http://www.theses.fr/2000DIJOD003.
Pełny tekst źródłaFerrand, Frédérique. "Cassation française et révision allemande : étude comparative du contrôle exercé en matière civile par la cour de cassation française et la cour fédérale de justice de la République fédérale d'Allemagne". Lyon 3, 1990. http://www.theses.fr/1990LYO33005.
Pełny tekst źródłaHistorically speaking, one has long been opposing appeal on a point of law by way of quashing and by way of revision. As a matter of fact, both of them are rather near. The control exerted on civil cases by the french and german supreme courts is rather similar. They are getting closer at the moment, as far as the right of appeal and the cope of the control are concerned, furthermore, they can already be brought together on two fundamental points : authority of judgments and authority of the supreme courts themselves, in the field of judge made law. French quashing and german revision are therefore rather similar, eventhough the french and german legislatures have sometimes been choosing different techniques
Yaboue, Djanbédja Koffi. "La recevabilité de l'appel et du pourvoi en cassation contre les jugements avant dire droit en matière civile et administrative : contribution à une théorie générale des jugements avant dire droit". Metz, 2000. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2000/Yaboue.Koffi_Djangbedja.DMZ0002.pdf.
Pełny tekst źródłaWittmann, Valérie. "Les interférences entre instances civiles et pénales parallèles : contribution à l'étude de la cohérence en matière juridictionnelle". Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD002.
Pełny tekst źródłaAWhen civil and penal proceedings occur in parallel, there is a risk of conflicting judgments, which positive law traditionally precludes by making penal proceedings paramount and by deferring adjudication on article 4 of the Criminal Code. This double mechanism, which ensures supremacy of criminal proceedings over civil proceedings, is quite singular. Indeed, it guarantees that the justifications for the decisions made are coherent. In other contentious matters, positive law pays little attention to such concerns. Moreover, it is unilateral, since it exclusively favours criminal law decisions. Though this supremacy was initially justified by the notion that criminal law decisions guaranteed truth, analysis has shown that this is largely debatable. First of all, with regard to the foundations themselves, this mechanism of course ensures a certain coherence of the matters judged, but maintains an appearance of truth rather than a guarantee of truth. Yet, precisely, the coherence of the justifications for distinct judgments is only legitimate insofar as it seeks to determine the truth. Then with regard to the system itself, the supremacy of criminal over civil proceedings interferes with the freedom of the civil judge, and violates by its absolute nature, the adversarial principle, while the systematic deferral of adjudication slows down procedures and undermines the objective of celerity. In order to remedy these drawbacks, legislators and jurisprudence have made an effort to limit the most damaging effects of this principle, by dissociating civil from repressive concepts, then by compartmentalising each within strict limits. Nevertheless, the objective of celerity finally won the day and legislators, through the law of 5th March 2007, retained the compulsory nature of the deferral of adjudication of article 4, but only with regard to civil action for damages resulting from the offence. The new law now establishes the principle of independence of parallel proceedings, even though it carries a risk of conflicting results. For the time being, however, the jurisdictions take into account the risk of conflicting results and have maintained the supremacy of criminal proceedings over civil proceedings. It is nonetheless desirable to revise the recent law, and to incorporate in the reasons which are necessary support for the criminal decision, the value of a refragable presumption of truth. The specific nature of decisions in criminal proceedings would thus be taken into account, and the sometimes antagonistic requirement of autonomy of the different jurisdictions, the coherence of the matters being judged, and the search for truth would thus be preserved
Martins, Padilha Gauriau Rosane. "La contribution du juge du travail en matière de harcèlement moral en France et au Brésil". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D080/document.
Pełny tekst źródłaThe legal definition of moral harassment cannot be disassociated from an attack on the personal dignity of an employee in Brazil. In France, an attack on the personal dignity of an employee is only one of the possible outcomes resulting from moral harrassment. This is a fundamental difference between labor laws in Brazil and France and one therefore must measure the importance.The first part of the thesis focuses on the obligation to ensure the health and safety of a worker. Personal harassment is placed at the crossroads of three notions: health, safety, andpersonal dignity. Dignity is by far the most essential of these elements. The second part of the thesis focuses on moral harassment on its own, presented as a legalnotion. It highlights the lack of awareness by the employer of his obligation to ensure thesafety in France and the obligation to protect the health and safety of the employee in Brazil. In both countries, not taking the necessary precautions can be sanctioned either in the civil orpenal courts, and result in possible disciplinary actions.It is therefore necessary to study (by analysing the similarities and differences between theinterpretations by the judge of the Superior Labor Court of Brazil and a judge from the Chambre sociale de la Cour de cassation in France, the place of moral harassment, notably inview of the dignity of the worker, while taking into account the individual context of eachcountry. Finally, this comparison allows one to identify the place that Brazilian law and French law reserve for the protection of dignity and combat that they lead against moral harassment
Dhoorah, Marie Sabrina. "L'évolution du droit en matière de sûreté nucléaire après Fukushima et la gouvernance internationale". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020031/document.
Pełny tekst źródłaOn March 11, 2011, the Japan suffered an earthquake followed by a tsunami to the terrible consequences. In nuclear power plant Fukushima Dai-ichi happened a nuclear accident of level 7 (highest) on the international scale, which marked the spirits such as rivaled that of Chernobyl in 1986. This accident left the world agog with these new forms of threats, especially since the TEPCO operator did not master the situation or learn the lessons of the past. Since Fukushima, the fundamentals in Europe and worldwide has so upset been turned upside-down and this raises the question of safety and security of power plants with renewed acuity, which necessitated. It is imperative to redefine in law and in practice some standards and principles at the national, European and international level in accordance with these new threats to the highest level of safety. But the legal revisions need to be more ambitious. The future of nuclear power suggest therefore: at the European level: a more ambitious revision of the directive on nuclear safety; the establishment of a regulatory body with effective independence de jure ; the definition of a liability law harmonised throughout the EU and the IAEA for victims in the event of an accident. At the international level: the governance is necessary as a vector of a common safety culture and security culture ; although the diversity of national models of management and control of the nuclear industry appears a priori difficult to move towards common rules. As well as at the European level, the writing of a single text entitled to the repair of damages would be necessary for the same reasons already stated. The revision of the Convention on nuclear safety is also as important crucial for the future. For immediate harmonization concerns many fields, for the most part: during and after a nuclear accident crisis management; the implementation of the principles of safety and security at the most efficient and highest level from the conception to the dismantling of an installation; strengthening interaction adapted between nuclear safety and nuclear security ; but also the integration of the population in the decision-making process in the areas of nuclear is mandatory for the acceptance of nuclear energy
Babaeizadeh, Balmeri Mohsen. "Le conflit syrien au regard du droit international : quelles évolutions en matière de maintien de la paix et de la sécurité internationales ?" Thesis, Université de Lorraine, 2019. http://www.theses.fr/2019LORR0208.
Pełny tekst źródłaThe Syrian conflict is unprecedent. It involves several forms of threat to international peace and security. It is the question of the type of the threat to international peace and security and the answer that the international community can be provided to it. In this regard, international peacekeeping law provides a series of legal mechanisms applicable to armed conflict. However, using of these mecanisms show some legal advances in the area of conflict. Despite, some legal advances in the area of peacekeeping law, there are still legal gaps for examination of these mechanisms. In order to find an effective response, several international organizations have been involved in this conflict : the United Nations, the International Atomic Energy Agency, the International Organization of Chemical Weapons, the League of Arabe States and the EU. The effectiveness of the measures taken by these organizations is a major challenge. The actions taken by these organizations show the evolution of the law of peacekeeping. At this point, the UN-OPCW joint mission in the framework of the dismantling of Syrian chemical weapons is a good example of the evolution in international community of peace and security. Yet the actions of the other international organizations such as the League of Arabe States or the International Atomic Energy Agency have not contributed to the resolution of the conflict. Indeed, the intrinsic legal shortcomings of the UN Charter and the Treaty on the Non-Proliferation of Nuclear Weapons are causing difficulties for an effective response on the part of these two organizations. Due to the involvement of many States in the Syrian conflict, many regional repercussions should be considered. On this point, several legal challenges have arisen, such as cyberwarfare, the destruction of historical heritages, the question of the recognition of the Kurdish people and the fight against terrorism. In this content, the involvement of the Security Council gives a new vision of its responsibility as guardian of international peace and security. In the face of these new challenges, the Security Council resolutions show an evolution of international peacekeeping law ; However the difficulties associated with these developments are not able to resolve complex conflicts such as the Syrian conflict
Légier, Anne. "La désobéissance civique en matière d'avortement, le cas du Clergy Consultation Service (1967-1973)". Thesis, Paris 3, 2019. http://www.theses.fr/2019PA030058.
Pełny tekst źródłaIn 1967, at a time when abortion was illegal in the entire United States, a group of Jewish and Protestant clergymen from New York founded the Clergy Consultation Service on Abortion (CCS) to help women escape the danger of illegal abortions. They established a service designed to refer women to the best abortion providers in the country and abroad, counseled them in their choices and helped bring prices down. During the six years it was active, the organization grew into a nationwide entity, helped hundreds of thousands of women access safe abortion care and changed the way abortion was perceived by the general public. The ministers and rabbis denounced the existing abortion laws as unfair, discriminatory and punitive, and claimed that they violated moral laws because they compelled women, in particular the most vulnerable ones, to put themselves in very dangerous situations. As clergymen, they believed it was their moral responsibility to violate human laws in order to follow higher ethical codes. This dissertation focuses on how this diverse religious group made social change possible by applying the concept of civil disobedience to the abortion issue. It examines the seemingly unlikely involvement of clergymen in the struggle for abortion rights, analyzes the creation and growth of the organization before focusing on how it helped redefine the abortion issue in the years before the 1973 Roe v. Wade ruling which established that the right to abortion is constitutionally protected
Guepie, Geoffroy. "Accords Régionaux de commerce, conflits et Bien-être". Thesis, Pau, 2019. http://www.theses.fr/2019PAUU2058/document.
Pełny tekst źródłaThis thesis aims to contribute to recent debates on the potential benefits of trade openness among African countries. This, by addressing the triptych regional trade agreements, welfare and conflict.The African continent is currently facing two major governance challenges: regional integration and the management of armed conflicts. Indeed, the trade performance of African countries remains marginal compared to the rest of the world. This is despite the different trade policies implemented since the 1970s (import substitution policy, North-South regional agreement, etc.). Among these trade policies, African governments have decided to focus on regional agreements in order to increase trade among member countries. Have these agreements had the expected effect ? To what extent ?If we refer to popular belief, the answer seems to be no. However, this answer ignores the potential political benefits of trade openness. As such, the work presented here first examines the effect of African regional agreements on trade and welfare. This is done using the latest developments in international trade theory and the best techniques for estimating gravity equations. Second, we analyze both theoretically and empirically the effect of increased trade on the probability of a civil war occurring. The results obtained allow us to conclude, on the one hand, that nearly half of the trade between members of trade agreements in Africa would not have been possible without the signing of the RTAs. On the other hand, both domestic and international trade, reduces the risk of civil conflict in Africa
Mangon, Mélanie. "Les rôles respectifs du juge et des parties sur les éléments de l'instance". Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD036.
Pełny tekst źródłaA displeased person answerable to the law raises a curtain, most likely worn out. A black robe appears and announces: ‘Give me the facts, I will give you the law!” This judge then steps aside in order to listen to the exchanges between various parties. He speaks again, change when required some turn of sentences, untangle the plot by retaining, even rearranging one of the ending proposed by the parties. Here is the context, now classic, of the instance established by the guidelines of civil trial. The role of the litigant is thus to delimit the litigious matter and hence, the referral to the judge. The latter should, within the limits, apply to him the law in order to satisfy his jurisdictional function. The question of the respective roles of the judge and the parties over the elements of the case cannot, however, be apprehended in its complexity and dynamism by these rules alone. The distinction between fact and law, because it corresponds only imperfectly to the elements of the actual operative instance, the claim and the plea, provides an unfavourable basis for the determination of judicial activities and their exercise. On the other hand, when confronted with the permanent reform of matter, the stability of these principles challenges, and even astonishes.By considering the elements of the case and their treatment beyond the preliminary provision of the Code, and beyond the Code itself it may be stated that these guiding principles tend to become more blinding than enlightening. Indeed, in reading Article 12 of the Code of Civil Procedure, the basis of the powers and duties of the judge on the law, it is for example established that the judge settle the dispute in accordance with the rules of law that apply to it. It is thus not known that since 2008 the judge has no obligation to rectify the erroneous legal basis of the claim, the same way we do not conceive that his obligation to rule will, since 2017, be limited to the claims contained in the device of the conclusions, admittedly written by lawyers. It is even less anticipated that, in spite of all these phenomena of reduction of what will have to be settled, res judicata will, on the contrary, extend to cover the dispute understood as all that should have been decided. The parties thus collect the burden of the right initially devolved on the judge. Civil procedure therefore offers a new face to the operative principle: the responsibility of the parties and the disempowerment of justice in the realization of rights.The acceleration of the treatment of the cases brings the civil authority closer to the theatre by the requirement of the unit of time. On the other hand, it departs from the rule of unity of place, as judicial policies clearly reflect their desire to promote the amicable settlement of disputes. There is more to hope that the distribution is up to the programme
Dinc, Bilal. "Droit et pratique de la faillite dans le ressort de la Cour d'appel de Lyon : 1838-1889". Thesis, Clermont-Ferrand 1, 2015. http://www.theses.fr/2015CLF10487/document.
Pełny tekst źródłaDuring the nineteenth century, the bankruptcy law instituted as a sanction mechanism of bankrupt debtors professionals has been gradually taking into account the debtor's situation and his good or bad faith in order to assess the degree of guilt.In Lyon, the evolution of the standard of bankruptcy and practice of the Commercial Court reveals a growing consideration of debtor’s humanity, sometimes accompanied by a legal reform promoted by the initiative of consular judges of Lyon. They take the initiative to institute measures contrary to the law to protect bona fide traders victims of a situation causing a major economic crisis that generates cascading bankruptcies.Instead of putting in place a comprehensive reform of bankruptcy law claimed by practitioners, doctors, case law and by litigants, the legislator establishes only temporary and palliative measures. Its inertia reinforces the conviction of consular judges of Lyon that their practice has established itself as an appropriate solution to reduce the adverse consequences of the inaction of the legislature not only on the situation of failed traders, but also on society and the economy of the city from Lyon
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires". Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Pełny tekst źródłaPas de résumé en anglais
Cournier, Marine. "Sociétés minières canadiennes et violations des droits de l’homme à l’étranger : le Canada respecte-t-il les prescriptions internationales en la matière?" Thèse, 2013. http://hdl.handle.net/1866/10446.
Pełny tekst źródłaThis study propose to assess whether Canada meets the international requirements of business and human rights in relation to the supervision it has on Canadian mining companies operating abroad. In 2011, the Human rights Council adopted the Special Representative’s Guiding Principles on Business and Human Rights in order to implement the United Nations “Protect, Respect and Remedy” Framework. According to this framework, States have obligations to protect and remedy while companies only have responsibilities to respect human rights. After six years of work, the Special Representative on Business and Human rights, John Ruggie, has chosen to give in its Guiding Principles non- binding recommendations in order to help States and businesses to encounter their obligations and responsibilities towards human rights. According to the UN, this universal instrument is the most developed in the field. Thus, it is strongly recommended that companies and especially States, comply those «guiding principles» when they elaborate their respective policies on economic activity and human rights. It is therefore necessary to check first if the supervision exercised by the legislature and the government on Canadian mining companies operating abroad succeeds to comply with the "Protect" principles. On the other hand, it must be checked whether the judicial and extrajudicial remedies available in Canada meet the requirements of the «Remedy" principles. This dual analysis will led to conclude that Canada meets broadly the "Guiding Principles" but could do much more, especially in terms of access to effective remedies for foreign victims of Canadian mining companies.