Teses / dissertações sobre o tema "Conflits de qualifications"
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Henry, Alexandre. "Qualifications et conflits de juridictions". Reims, 2005. http://www.theses.fr/2005REIMD011.
Texto completo da fonteCharacterisation in relation to conflicts of juricdiction has long led to a lack of interest in case law and legal theory. This is justified by the fact taht in case law, for a long period of time, the characterisation of jurisdictional competence was deduced from the characterisation of legislative competence, before being driven by the characterisation o internal competence. As for legal theory, authors such as Bartin, Niboyet and Pillet have long been locked into a dogmatic method that ignores the specific nature of the characterisation of jurisdictional competence and neglets the true dimension of international private law disputes. This requires the promotion of a pragmatic method that integrates, from the stage of characterisation of conflict of jurisdiction, the procedural and substantive aspects of such disputes. Once the guiding principles for characterisation have been identified, it seems necessary to verify the relationships that the characterisation of conflict of jurisdiction must have with the characterisation of conflicts of laws. On this point, it appears that to the two competences have complementary links insofar as, on the one hand, their legal categories are often defined on the basis of the nature of the legal relationship and are based on substantive definitions and, on the other hand, are based on a single definition of the object of characterisation, oriented towards the project or the legal question. In order to respect the specific nature of the objectives of juridictional competence in comparison with those of legislative competence, it is necessary for first-stage characterisation to be carried out autonomously without being independent of second-stage characterisation, due to the substantive nature of the definitions of the concepts attached to the legal categories. This confirms that only the promotion of a pragmatic method, as previously identified, and based on an appropriate definition of the legal categories between the two branches of the law of conflicts, can resolve situations where there is a discrepancy in characterisation and postulate a flexible unity of characterisations to ensure the consistency of private international law solutions. In two judgments, the Cour of Justice of the European Union (CJUE, 21 janvier 2016, Ergo Insurance ; 28 juillet 2016, VKI), established a monist theory of characterisations
Gabrielsen, Jumbert Maria. "The internationalization of the Sudanese conflicts : from South Sudan to Darfur : agenda setting, mobilization and qualifications". Paris, Institut d'études politiques, 2010. https://spire.sciencespo.fr/notice/2441/53r60a8s3kup1vc9kd0rlgo0g.
Texto completo da fonteHow does an internal conflict become an international issue ? The subject of this thesis is to understand the internationalization of the conflicts in South Sudan and in Darfur, understood as the process through which these two conflicts have gone from being struggles over local and national governance to becoming issues of high level international concern. Internationalization, in the sense of conflicts being set on the agenda, is far from concerning all armed conflicts on the international arena, and referring to levels of violence or strategic interests of the great powers does not explain why a conflict is internationalized and another is not. The first part of the thesis analyses the internationalization processes « from below », where activist networks mobilized outside Sudan, first and foremost in the United States and in Europe, but also the Sudanese rebel movements and other representatives of Sudanese civil society, exert pressure on various governments and international organizations, requiring them to seize themselves of the conflicts. These actors have managed to impose their qualifications of the Sudanese conflicts, and their understandings of the appropriate responses, and thus contribute to the emergence of internationalization as a norm (a conflict not resolved internally should become an issue of international concern). The responses « from above » are then studied, seeking to understand how they are affected by pressure « from below ». Lastly, the thesis shows how internationalization influences local dynamics of conflict resolution
El, Kareh Charbel. "La qualification juridique des services en ligne de résolution des conflits". Paris 11, 2008. http://www.theses.fr/2008PA111001.
Texto completo da fonteLesueur, Justine. "Conflits de droits : illustrations dans le champ des propriétés incorporelles". Paris 2, 2007. http://www.theses.fr/2007PA020088.
Texto completo da fonteMinois, Maud. "Recherche sur la qualification en droit international privé des obligations". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB132.
Texto completo da fonteFor a long time, the lege fori characterisation has dominated the international scene. It has evolved from a strict conception, witness of a particularistic approach of private international law, towards a more flexible conception. Nowadays, authors accept the lege fori characterisation as an appropriate characterisation method. Faced with the law of obligations, the lege fori characterisation shows its weaknesses. It is suffering from an original defect which prompts interrogations on its merits. Even relaxed, the lege fori characterisation cannot be detached from the concepts of the lex fori. An international situation will therefore be resolved according to concepts dictated based on the needs of the law of the forum. Such inadequacies can be observed when studying hybrid cases. Hybrid cases hypotheses are extremely difficult to classify as they stand on the border between matters relating to tort/delict and matters relating to contracts. The present study will search for a characterisation model able to fulfil the international function of the rule to apply. A European understanding of characterisation exists beside the lege fori characterisation. It revolves around the elaboration of autonomous characterisations, in principle distinct from the lege fori characterisation. The European Court of Justice chose an autonomous characterisation for the notions of matter relating to contract and matter relating to tort/delict. Faced with the lege fori characterisation, the autonomous characterisation reveals its true nature. In some respects, it is a type of lege fori characterisation. From another perspective, it diverges from it and can be interpreted as a true international characterisation. Unlike the lege fori characterisation, the autonomous characterisation fulfils the international function of the private international law rule. Therefore, it is suitable to the needs of international affairs. Once the merits of the autonomous approach have been established, it is necessary to consider whether it can be generalized or not. Indeed, the adoption of a complete set of rules in European private international law relating to contractual and non-contractual obligations highlights a debate on the opportunity to adopt a unitary characterisation for the common notions of the Rome and Brussels Conventions and Regulations. The present study suggests to consider an autonomous and monistic model for characterisation but only to the extent international relations are involved
Reis, Dominik. "Cross - border partnerships and the issue of qualification conflicts: A German perspective". Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4540.
Texto completo da fonteAlmawla, Hanan Mohamed. "Moral rights in the conflict-of-laws : alternatives to the copyright qualifications". Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8730.
Texto completo da fonteHerrmann, Thomas. "Unité d’action et concours d’infractions : la question du cumul de déclarations de culpabilité en droit pénal interne et en droit international penal". Electronic Thesis or Diss., Paris 1, 2022. http://www.theses.fr/2022PA01D037.
Texto completo da fonteThe question of multiple convictions arises in cases where a person appears to have committed several offences forming part of the same unit of action, either because they consist of partially or totally identical facts, or because they consist of totally distinct but consecutive or concomitant facts. Starting from the observation that this question arises in the same terms and with the same acuteness in domestic criminal law and in international criminal law, the present study proposes a general method of solving the question by basing itself on a logical rule whose validity is not limited to any particular legal system: the existence of a plurality of concurrent offences constitutes an absolutely necessary condition for the accumulation of convictions. Thus, the proposed method consists, in the first place, in making a clear distinction between situations of a single offence (a single offence under special criminal law or under a general theory: conflict of statutes or continuing offence) and situations of concurrent offences. Secondly, the method consists in resolving the concurrences by virtue of a teleological principle, authorizing cumulation when it is necessary in order to achieve one or more legitimate objectives (to take full account of the offender's criminal conduct, principal and complementary penalties, special recidivism, admissibility of civil action), prohibiting cumulation in the opposite case. To this end, the study proposes a refined classification of the different types of ideal and real concurrence of offences
Queguiner, Jean-Sébastien. "Qualification et détermination de la compétence spéciale : l'exemple de la matière contractuelle". Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30030.
Texto completo da fonteFormally disassociating the sources of material and conflict legislation, European Private International law alters the classical problem of characterisation, resolution of which cannot be borrowed from BARTIN or RABEL theories any longer. Yet, the quality of the whole system, its stability at a given moment, as well as its capacity to develop and to deploy on the outside world, are placed in the narrow dependence of the efficiency of the characterisation process. Analysing this efficiency calls for an examination of the theoretical and methodological implications, as well as of the consistency of the achieved results. On both grounds, the current system of characterisation is undoubtedly disappointing, and should be reconsidered rationally. In this perspective, attention will be focused on “matters relating to contract”, submitted to the more complex and criticized rule of the Brussels I regulation. The importation of a conflict of laws issue within a conflict of jurisdiction reasoning (De Bloos/Tessili) constitutes a terrible factor of complexity, interpretation of the conflict category belonging to the European legal order while the interpretation of the connecting factor is abandoned to the national legal order. As a consequence, the reasons behind the choice of a specific connecting factor simply cannot impact the characterisation process, as the exclusion of all claims formed by third parties from the scope of article 5-1° illustrates (Handte). Moreover, complexity and heterogeneity of situations seem to radically oppose the exercise of adjudicatory authority by a unique jurisdiction other than that of the defendant’s domicile. In such a context, conflicts of litigations are more than frequent and are not always dealt with in a consistent manner. Gubisch, for instance, coerces the very thing Shenavai and Leathertex prohibit, i.e. the exercise of adjudicatory authority by the first judge seized, be it the judge of a secondary obligation. Kalfelis drastically opposes consolidation of parallel proceedings in the event a litigation implies claims founded on different grounds. Observation can thus be made that the Brussels I system currently separates three intellectual operations; characterisation, location of the connecting factor, and coordination of concurring jurisdictions are insulated from each other. Yet, those three operations not only chronologically follow one another, but also functionally pursue the same objective, and characterisation could, and should be provided with the means to anticipate the following difficulties. In this perspective, it is suggested that the dispersive consequences of every conceivable characterisation should constitute the very cause of the definitive and centralising characterisation. In other words, the results’ consistency, as well as the cohesion of the heterogeneous components of the claim should dictate methodological choices. It appears, in turn, that departing from the dogmatic attachment to actor sequitur and prior tempore would enable a well functioning regional system to deploy rationally on worldwide scale
Cocteau-Senn, Delphine. "Dépecage et coordination dans le réglement des conflits de lois". Paris 1, 2001. http://www.theses.fr/2001PA010287.
Texto completo da fonteBuruianã, Monica-Elena. "L'application de la loi étrangère en droit international privé". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0067/document.
Texto completo da fonteThe national or the European private international law is taking into a particular accountthe foreign legal systems. The foreign law application is an expression of the attention given to the foreignlegal systems, but applying a law that belongs to a different legal system than the legal system of the forumcountry may provoke a defence reaction caused by the existing differences between the legal systemsinvolved. The foreign law application is therefore confronted to different obstacles that tend to ensure aprimary application of the lex fori. First, the techniques used by the legal system of the forum country toapply the foreign law are not entirely favourable to this kind of application, as evidenced by the recurrentintervention of the international public policy. Furthermore, there are elements that are exogenous to thelegal system of the forum country, such as different understandings of the same legal institution that canobstruct the foreign law application. There is thus a gap between the theory of the private internationalrules, which would appeal a frequent application of the foreign law, and the use that is made of them by theauthorities of the forum country, which often leads to the neutralization of the foreign law. This studydefends a better compliance to the theory of private international law, which would promote the applicationof the foreign law. In this perspective, the private international law of the European Union provides animportant source of « savoir-faire » as it promotes the application of a foreign law belonging to anotherMember States
Souche, Renaud. "Les critères de répartition des compétences contentieuses dans la jurisprudence du Tribunal des Conflits". Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD026.
Texto completo da fontePrimary, the criteria for distributing litigation competences are as many tools found and used by the Tribunal of Conflicts to achieve its office. Further, due to their amount and the diversity of their purposes they stand for a concrete difficulty for both the lawyer and the litigant as they must necessarily determine the competent jurisdiction – judiciary or administrative – from the beginning of the litigation. It is then compulsory to seize and understand first how they are distributed. Once this classification completed, their real functions can be found out, leading us at last to theorize the method and reasoning of the Tribunal when the latter uses them.By consequence, the cross study of these different tools brings to light “public law links” and “private law links”, so that the competences distribution can be thought more broadly as a web of links. Everything works here as a chain reaction: from the obligational link at the base of the litigation, the link as well as the litigation can be qualified and then, the competent jurisdiction for ruling can be designated. The domino effect works also the other way, because the process gives each party the place he or she deserves depending on the context and their dialogic situation with all its specificities at the same time, underlining the deductive path followed by the Tribunal of Conflicts to opt for the criterion. Finally, the criterion for distributing litigation skills is the Alpha and the Omega of the Tribunal of Conflicts’ reasoning
Gharbi, Habib. "De la grammaire à la rhétorique : analogie et ressemblance dans les structures comparatives". Thesis, Paris 4, 2013. http://www.theses.fr/2013PA040058.
Texto completo da fonteComparison has always been poorly understood whether in grammar or rhetoric. This is why none of the linguistic works or the brief heterogeneous analysis that were made have managed to deal with it in the precise manner they were ought to. Hence comes the objective of my thesis which consists in standardizing the study of Comparison by taking in consideration all of its possible forms. Indeed, I will try to rehabilitate the distinction of the Greco-Roman tradition between Comparatio and Similitudo which was lost since the period of confusion that marked the XVIIth century. Based on a constructive methodology that starts with the smallest units to reach out for the larger text, this study goes through all levels of linguistic analysis, beginning with the grammatical layer, a referential one, to attain the rhetorical layer where extra-linguistic referents are taken into account. It consequently leads to achieve the categorical distinctions between comparison and similitude one the one hand, and between comparison and metaphor on the other. Those distinctions are illustrated by examples drawn basically in modern literature (XIXth and XXth centuries). Interestingly, examples themselves are accompanied with detailed analysis and sundry rankings which are meant to highlight the specificities of every notion in relation to the study of analogy and resemblance
Eberhartinger, Eva, Erich Pummerer e Andreas Göritzer. "Cross-border Intra-group Hybrid Finance and International Taxation". SFB International Tax Coordination, WU Vienna University of Economics and Business, 2010. http://epub.wu.ac.at/618/1/document.pdf.
Texto completo da fonteSeries: Discussion Papers SFB International Tax Coordination
Moille, Celine. "L’influence du droit international privé sur le droit interne français". Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Texto completo da fonteFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed
Zreik, Saba. "Conventions réglementées et intérêt social en droit comparé (Liban, France, USA)". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020027/document.
Texto completo da fonteThe corporate interest is the main reason behind the regulation of related party transactions. Its limits are defined by similar interests and the personal interest embodied in these transactions. The inter-action of these conflicting interests may harm the company. The existence of a conflict and of its justification may be presumed. The corporate interest is from now on that of the enterprise seen within its wide economic context and the interest of a group of companies is distinctively acknowledged. The qualification of those transactions helps identify those that are subject to scrutiny. The protection of the corporate interest is achieved by the prevention of the conflicts of interests through the disclosure of the personal interest. This disclosure triggers the concerned corporate bodies’ evaluation process. Legislative and jurisprudential guarantees ensure the predominance of the corporate interest through limitations on the exercise of certain rights and a strict judicial enforcement of legal duties laid on the interested party. The fraudulent transaction is void. The unauthorized one that is damaging to the company is voidable and its consequences are assumed by the interested party who may be exposed to civil and, sometimes, criminal liability. The comparison of the treatment of this subject in the Lebanese, French and American legal systems revealed the weaknesses in the first two; amendment proposals are made
"Conflicts of qualification in tax treaty law /". [Vienna] : Wien : Postgraduate International Tax Law ; Linde, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016136160&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
Texto completo da fonteIncludes register. Collection of master's theses of the 2006/2007 postgraduate LLM program "International Tax Law" at the Vienna University of Economics and Business Administration.
Mabasa, Sbusiso Huzlett. "A theory for resolving qualification conflicts in double taxation treaties". Thesis, 2016. http://hdl.handle.net/10539/19419.
Texto completo da fonteTax treaties have a developed language of their own within the field of international law. They may include terms that are unknown in particular jurisdictions of domestic law or therein defined differently. Because the language of tax treaties and domestic law differ from each other, the definitions of certain terms and income type under a tax treaty and under different states’ domestic law are not necessary identical. Despite these differences, tax treaty definitions must be used for tax treaty classification purposes, and domestic law definitions must be used for domestic law classification purposes. The tax definition determines the type of the income for tax treaty purposes even though the income would qualify under another income category under the treaty states’ domestic law. Similarly, the domestic tax law definition determines the type of income for domestic law purposes (Helminen 2010). In most instances the treaty definitions of the various types of income refer back to domestic tax law, and where the domestic tax law definition deviates between the two treaty countries, this may lead to the application by these countries of different articles of the treaty. If this is caused by the application of the domestic law, this is referred to as a conflict of qualification in the Commentaries to the OECD Model Tax Convention. In general a conflict of qualification refers to a situation where identical facts are treated differently for tax purposes in different countries. Such a conflict may either concern the subject or the object of taxation. Key words: Tax treaties, OECD MTC, Double Tax Agreements, double taxation, conflicts of qualification, hybrid entities, partnerships, fiscally transparent, domestic law, Mutual Agreement Procedures, permanent establishment.
Pedreira, Naquiquina Ninraiô. "Gestão de Conflito Organizacional: Estratégias de Resolução de Conflito na Marinha de Guerra da Guiné-Bissau". Master's thesis, 2017. http://hdl.handle.net/10400.26/21020.
Texto completo da fonteMilitary institutions are quintessentially susceptible of conflicts because of the different tasks they have, the specificity of the jobs, the operating environments variety, the nature of the teams that compose them and opposing opinions. Therefore, this study aims to identify the conflict resolution strategies that the military get into, check if there are significant differences in the conflict resolution strategies according to the demographic factors, and finally, check the relations between the conflict resolution strategies and the demographic variables factors. Based on the foregoing considerations, it was decided to perform an exploratory study about quantitative approach considering the questionnaire to collect data, known as ‘’Strategies for Conflict Resolution’’ whose author is Jesuíno (1992). The collected data were treated and processed by SPSS (Statistical Package for the Social Sciences) software. The studying sample was made up of (N=109) Guinea Bissau navy military (MGGB). The obtained results reveal that the MGGB military have low discrimination from the different conflict resolution strategies, that there are some significant differences between military with different academic qualifications, and between categories, at the conflict resolution strategies level. Regarding the variables’ relations, it was found that there are no associations between demographic variables and conflict resolution strategies. It was also concluded that the military use the various conflict resolution strategies, being that the Compromising strategy seems to be more present, followed by Competing, lastly the Avoiding strategy was the less evidenced.