Teses / dissertações sobre o tema "Droit virtuel"
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Boussard, Marie-Alix. "Le virtuel et le droit". Montpellier 1, 2007. http://www.theses.fr/2007MON10020.
Texto completo da fonteThe concept of virtuality is opposed today to its opposite, reality. However, the original definition opposes virtuality to the present. Virtuality as opposed to the present is a concept present in right, whether this presence is natural or conventional. Indeed, the virtual can be naturally included in the evolution of certain objects or subjects of right. It could be the case in particular with the foetus, virtual person or virtual owner. Virtuality is also laid out in the contract especially by the terms used. If, in its opposition to the present, the virtual is to be sought in the right, it is necessary to wonder about the existence of a right of virtual, this time as opposed to the real. The objects and subjects of right being virtually born or being dematerialized, the right of virtual draws primarily its source in the common right. These developments result in considering that the right, flexible, seizes the concept of virtuality
Florimond, Guillaume. "Droit et internet : approche comparatiste et internationaliste du monde virtuel". Nantes, 2013. http://www.theses.fr/2013NANT4009.
Texto completo da fonteNellis, Ezra. "Ordre public textuel et ordre public virtuel : étude de droit international privé". Electronic Thesis or Diss., Normandie, 2024. http://www.theses.fr/2024NORMR035.
Texto completo da fonteIn private international law, public policies are a tool of conflict laws, whose mission is to defend the legislative corpus and the social cohesion of the required State. In order to do so, international public policies rely on a mecanism made out of two main components: mandatory laws and public policies’ exceptionality. When an extraneous element is present in a given case, international public policies can go against the application of a foreign law in order to settle a case or to oppose the traffic of a foreign public act going against the founding values of the forum. In French law, international public policies are based on article 6 of the Code civil, which states that "one cannot, through specific conventions, go against the laws of public policies and good morals". This means that, in theory, if international public policies defend the forum’s axiology, the lawmaker must previously have determined international public policies’ substance; if it is so, the principle behind public policies sanctionned in the Code civil would be held in abeyance. Indeed, a national judge cannot create law. However, when it comes to international public policies, judges have ended up with the responsibility to determine legislative norms, principles and values meant to become international public policies. This observation presents an opportunity to elaborate on a few points. In the French legal system, the judge does not have the necessary legitimacy to be the sole decision-maker on this topic and international public policies are often criticized by legal practitioners for their changeability and unforseeable nature. What is more, the French Constitution, which determines the process through which norms are drawn up, only authorizes the law maker to produce prescriptive discourse. Finally, the judge is not the vox populi’s herald: according to the social contract, the rule of law is its sole expression as it stems from the proper representative of the People, the law maker. From these observations, one can conclude that a discrepancy exists between the legal system’s being and its duty, which affects the French social organisation, especially when it comes to private international law. This has allowed us to stress the importance of the balance between the written and virtual aspects of private international law, and more than that, the impossibility of considering in absolutes the aim of creating written international public policies. On the other hand, we have brought to light the intrinsic rationality of virtual law, motivated in this case by a constructive approach initiated by the judge in service of the French legal system. The written nature of international public policies takes part in the edification of the Nation by preserving the most structuring rules for individuals within the territory of the forum. The second part of our study shows an existing psychological influence on the legal system as well as on international public policies’ operating and objectives. People’s motivational needs and the mechanisms, both conscious and unconscious, that drive their mental lives have an impact on international public policies’ aim. Once again, this was an opportunity to put into perspective the many functions of international public policies and to delve into their use in a contemporary legal context. Ultimately, it is through a multidisciplinary and eclectic approach that we have managed to bring to the surface the rationale behind international public policies’ functions, and its virtual characteristic
Graham, James Alexander. "Les aspects internationaux des contrats conclus et exécutés dans l'espace virtuel". Paris 1, 2001. http://www.theses.fr/2001PA010259.
Texto completo da fonteCarré, Dobah. "La loi applicable aux tranferts de biens virtuels". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D015.
Texto completo da fonteMulti-player virtual worlds are three-dimensional games. Over the past few years, players have been engaging in various activities involving the transfer of virtual objects that they have themselves created or purchased in these virtual worlds and over which they claim ownership. The objects, called “virtual goods”, exist only in the online world and may take any number of forms (e.g. avatars, space ships, etc.). Although the market for virtual property has important economic, social and legal impacts on consumption, these “goods” are neither recognized by the law, nor protected by North American or European legislation or jurisprudence; only the licensing contracts drafted by the developers regulate their uses. However, conflicts that arise in this domain may grow very complex since virtual interactions give rise to a great variety of activities and create legal relationships between the cybernauts who meet in the virtual environment of cyberspace although they may bephysically located on either ends of the planet. Thus, the adverse effects of these activities may manifest themselves outside of the cyber environment. Since the virtual world and the physical world are interconnected in these cases, we have to ask the following question : what law should apply to the transfer of the “virtual goods”In order to answer contentious questions that arise under private international law, one must first go through the initial step of juridically qualifying the objects in question, here the virtual goods, in order to be able to assign them to a specific legal regime and to the specific conflict of laws rules that apply under that regime. Virtual goods – inherently immaterial – do not really exist:they are graphic representations of source code embedded in the software of the virtual world. Thus, the legal characterization of the virtual objects as “property” is controversial under civil law because it depends on whether one adopts a strict (traditional) concept of property law or a more expansive (modern) concept. Even if virtual goods were to be recognized under property law, since the conflict of laws rules applicable to property law place a lot of importance on the physical location of the property in order to determine the legal attachment, this renders the search for a solution to the conflict of laws in this area very difficult. Application of the principleof contractual autonomy therefore provides greater scope in determining property rights, butthis solution may not be satisfactory to third parties. Thus, it is useful to turn to the contemporary doctrine that criticizes the general application of the rule of physical attachment to particular and novel contexts that present difficulties in determining the location of the property and instead applies the intellectual property regime which is specifically designed to deal with incorporeal goods. Copyright law is better suited to virtual goods as creations of the mind since its application is not hampered by the non-existence of the goods and because the conflict of laws rules applicable to traditional copyright lawprovide international protection for copyrights
Cardella, Benjamin. "Le droit des jeux vidéo, de la virtualité à la réalité juridique". Phd thesis, Toulon, 2011. http://tel.archives-ouvertes.fr/tel-00658291.
Texto completo da fonteCardella, Benjamin. "Le droit des jeux vidéo, de la virtualité à la réalité juridique". Electronic Thesis or Diss., Toulon, 2011. http://www.theses.fr/2011TOUL0063.
Texto completo da fonteOver the last few years, the video game market has grown exponentially. It targets large publics in terms of either age or nationality. Thus, this sector represents a significant part of the economy, because its global sales return should exceed 38 billion Euros by 2010. In France, although this sector generates a 4 billion Euros yearly sales return, with big companies like Gameloft, Atari, Universal or Ubisoft, there is no clear and unequivocal judicial framework for the creation and exploitation of such works. This lack of a clearly established judicial framework causes France to lose competitivenessin a globalized market where some countries like the United States can provide the safeties favorable to its growth. It causes a drain of projects to other countries and hampers investment. According to this analysis, we ought to suggest a new copyright judicial framework for the video game industry. Some video games gather tens of thousands of users in virtual environments where they can interact, in spite of materially being in different countries. This opening of an initiallyindividual playing space to a community of players has radically changed the nature of these games. In that capacity, they raise questions about their regulation. Given the tyrannical self regulation of virtual environments with respect to the unequalrelations between publishers as well as the failure to harmonize relations between users, we need to create a judicial framework pertaining to virtual environments
Laverdet, Caroline. "Aspects juridiques des mondes virtuels". Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020006.
Texto completo da fonte"Virtual worlds", or "metavers", allow many users to immerse themselves online, in three-dimensional, interactive and persistent spaces, through their avatars. The economic craze generated by these universes is confronted with a legal framework that is still almost non-existent today. For example, property rights on virtual objects, the protection of freedom of expression within virtual universes, as well as specific protection of the avatar are claimed, particularly when the publisher unilaterally decides to delete a user's account. However, these rights and freedoms generally conflict with the rules and conditions of use set by publishers, which must be accepted by users in order to access persistent universes. Therefore, should we apply and, more simply, adapt the legal rules existing in the real world to virtual worlds? Through the study of the legal aspects of virtual worlds, the objective of this thesis is to question the way in which the law has so far seized persistent spaces and the conditions for a better future legal apprehension
Missaoui, Brahim. "Gestion de droits d'accès sur composants électroniques virtuels". Grenoble INPG, 2002. http://www.theses.fr/2002INPG0081.
Texto completo da fontePierre, Fanny. "La nature de l'écrit judiciaire devant les juridictions répressives françaises". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32020/document.
Texto completo da fonteLegal writing can be analyzed both as a communication and an argumentation means before the French criminal courts. It is undoubtedly a useful and required way to a good rendering of justice, and moreover a deeply mutating one in our era of new technologies. Formal by essence, it is only through writing that the legal decision can be executed. If it mainly functions as way of proof within the institution, its nature is evolving. The access to databases consisting of these written records is easier through the internet. The legal writing is both more democratic through easier access, and hermetic as its authorized producers are limited in number. While present at every layer of the criminal procedure as it assures its secrecy (from the investigation to the deliberation), it is becoming less safe. Digitalized, it is coveted and sometimes penetrated from the outside, thwarting the obligation of confidentiality that binds the institution. Digital, it allows an unmatched archiving and data-processing. Some procedures, beyond their mere digitalization, are exclusively digital before the “Cour de cassation” criminal chamber, thanks to a tailored virtual desktop. This change in support is double-sided. Unprecedented progress as well as potential threats are to be expected. While the traditional paper writing no longer matches our modern needs, its digital counterpart has not grown enough in usage and authority to be accepted as such. The current dissertation thesis itself is a the crossroads of these trends, between an imperfect paper writing and a still struggling digital writing
Cambazard, Victor. "Ordre juridique spatial et marchandisation des fréquences". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3009.
Texto completo da fonteThe thesis aims at demonstrating the evolution and adaptation of the international system for distribution of the resources of outer space to the very nature of these resources, at first, and to the evolution of uses that have been made, in a second time. These factual changes translate into institutional and legal adaptations. They are certainly explained by the evolutions of the means of communication, by the growing need of actors in charge of public service missions first, then of private companies, to provide new services to the greatest number.Among the resources of outer space is the radio spectrum, namely the radio bands on which it will be possible to transmit a signal and set up a particular service. This "spectrum", like the luminous spectrum, is finite and has various characteristics, depending on the part of the latter. The services of astronomy, geolocation, radio transmission or even meteorology will see their efficiency increased on certain radio frequencies, and will not be able to work properly on others. The availability of these frequencies is therefore limited and they undoubtedly fall within the definition of scarce resources. Also included in the category of qualified scarce resources are the earth orbits on which it is possible to place communication satellites with optimum efficiency. These are naturally limited by a physical restriction, namely the place that they will be allocated, unlike radio resources, quantified via an intangible spectrum. Their characteristic as a rare / limited natural resource constraint has forced the international actors, first users, to define principles for the sharing, distribution and use of these resources. However, and while the principles developed initially are still current, the method of distribution advocated at the outset, namely "first arrived, first served", has been the vector of numerous distortions, or even flagrant non-respect, of the aforementioned principles.Indeed, the privatization of space activities, in particular telecommunications activities, as well as the international organizations initially responsible for the proper coordination of the use of these resources, as studied in our thesis, was prompted by the lucrative potential of these activities, accompanied sometimes by their normative liberalization, and by growing needs for constantly renewed types of technology. It must, however, have been carried out in coordination with international bodies responsible for the allocation and regulation of radio resources at the global level, specifically the International Telecommunication Union (ITU). This organization is the center of gravity of our study. It is a separate object, representative of what should be a modern, evolving international organization, being paradoxically the oldest international organization attached to the United Nations, since it was founded in 1865 as the International Telegraphic Union. The thesis finally develops adaptation as a key to evolution, as we have mentioned, to the use of new technologies but also to the restriction of natural resources, which are constant in number and yet increasingly solicited. This constitutes our third point: the study of international mechanisms developed to mitigate the adverse consequences of overbooking of these resources with a high lucrative potential, yet considered as common heritage of the Humanity, and in this capacity that should theoretically not be subject to any commodification
Lanza, Jean-François. "The search for public virtue". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0009/NQ36291.pdf.
Texto completo da fonteSaunier, Camille, e Camille Saunier. "La protection des données personnelles des utilisateurs d'enceintes connectées «intelligentes» par le Règlement européen no 2016/679, le droit canadien et le droit québécois : approche comparatiste". Master's thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/38291.
Texto completo da fonteLe présent travail de recherche porte sur la protection des renseignements personnels des utilisateurs d’enceintes connectées « intelligentes ». Au regard de cet objet connecté particulier, l’étude se penchera sur la manière dont la protection des données personnelles est envisagée par le Règlement européen n°2016/679 (RGPD), la Loi sur la protection des renseignements personnels et les documents électroniques (LPRPDE) et la Loi québécoise sur la protection des renseignements personnels dans le secteur privé (LPRPSP) tout au long du cycle de vie de la donnée. Ces différentes législations divergent tant sur leurs dates d’adoption que sur leurs systèmes juridiques. Pourtant, les rapports de faits qui les animent en font une des objets de comparaison particulièrement intéressants. Il ressort de cette étude que l’enceinte connectée « intelligente » met en évidence les insuffisances des législations étudiées vis-à-vis du rapport au temps, de la masse de données collectées mais aussi de l’opacité de la machine.
Farcot, Matthieu. "Dynamique de propriété intellectuelle et secteur du logiciel : la tragédie virtuelle de l'alcidé et de l'épicier". Université Louis Pasteur (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR1EC11.
Texto completo da fonteChen, Ziang. "Justice and Prudence : Political Virtues in Gerald Odonis's Expositio cum quaestionibus super libros Ethicorum". Electronic Thesis or Diss., Paris, EHESS, 2020. http://www.theses.fr/2020EHES0077.
Texto completo da fonteThe present thesis aims to address the questions on the moral worth of the individual and his existence within a societal and institutional setting by examining Gerald Odonis’s Expositio super libros Ethicorum. Written in the early 1320s, it is the first full-length commentary on Aristotle’s Nicomachean Ethics produced by a Franciscan theologian. It provides a prism into the intellectual landscape of the fourteenth century, on the state of scholarship and education, on the reception of Aristotle, and on the currents of moral and political philosophy. Odonis’s Ethics commentary bears witness to both our author’s originality and the intellectual traditions that he has inherited from both the Minorites and the Aristotelian commentators. The present thesis explores the intellectual and political circumstances surrounding the composition of Odonis’s commentary text, and attempts to anchor the philosophical commentary to its proper historical context. The thesis focuses primarily on Odonis’s question commentary on Books V and VI on the virtues of justice and prudence, as well as questions raised in the prologue concerning the subject, structure, and purpose of moral science. In the medieval scheme of moral philosophy, justice and prudence constitute two pillars of the cardinal virtues. Justice is accepted as a virtue of the will, and plays a central part in the Franciscan tradition of moral voluntarism; it is also a virtue inexorably linked with law and legality, and hence to government administration and the judicial system. All these are reflected in Odonis's writing. For Odonis, prudence represents far more than mere propositional knowledge derived from simple syllogistic reasoning; instead, it is the reason and intellectual freedom that fundamentally underpins the moral and voluntary independence of the individual against reasons of the institution. Odonis places the individual at the core of every moral and political consideration, and understands the scheme and structure of the moral science through the perspective of an individual’s moral experience in society. In his commentary, Odonis displays a profound sense of voluntarism and individual subjectivism: the voluntary freedom of the moral subject and the humanity of the person always surpass the reason and being of the collectivised institutions
Zanolli, Romain. "Essai d'une théorie juridique de la monnaie à partir de la notion de cours". Thesis, Université de Paris (2019-....), 2019. http://www.theses.fr/2019UNIP5002.
Texto completo da fonteThe monetary changes that have been taking place since the turn of the twenty-first century fuel a renewal of monetary thought. This renewal relies mainly on more legally enforceable rules: the European Union's single currency, the invention of electronic money, the adoption of new monetary rules (payment services...). These rules are so scatted and so abstract that they call for a proposal of a legal theory of money soundly based on the French concept of "cours" ("have currency"). In this theory, we define the objects of the « current money » legal devices (currency) before accessing their regime. Legal sciences have the advantage of being accustomed to articulating facts and law. In the monetary field, such logic leads to a strict separation between the monetary phenomenon which belongs to facts (a "total social fact" according to Durkheim) and its emergence in society through law. Money is thus the product of a normative process formalized by the monetary sovereign. Traditionally, monetary rules are sorted out into two categories: abstract money rules that allow for the definition of the unit of account, and concrete money rules that organize the issuing and circulation of a plurality of monetary objects. Yet, even if the use physical monies is constantly decreasing, they remain the only referent for the rules of money. In order to allow immaterial objects to have currency, a distinction needs to be made between the promise (the claim, and the debt) and the surrender of monies (funds). Such a demonstration needed a rebuttal of the thesis of some contemporary authors that consider immaterial monies as debt. Immaterial monies that had been conceived with the civil law tradition of thought, can now emerge as true monies. The French cours legal differs from the common law legal tender because the latter is mainly a contract law institution while as the former is a monetary law. Understanding how these immaterial currencies function in law is the next step. Indeed, in legal terms, currencies work on the basis of a triptych: the funds, the intangible bodies of the currency, are stored on a monetary device (i.e. account) and transferred from one device to another by means of an order given by a payment instrument (i.e. card, direct credit or debit). From then on, the differentiation between physical and immaterial currencies is due to the dissociable nature of funds and devices. Funds are definitely incorporated in physical devices while as they are only temporarily stored in immaterial ones. To say that monies have "cours legal" (have currency) would be a tautology since cours and current have very close meanings. The wording in force since the adoption of the first cours legal provisions in the 1810 French Penal Code shows that two functions are served: the first lays down the rule for defining and issuing currencies and the second subject them to rules of usage (or how they circulate). This fundamental dichotomy provided by the "cours legal" rules allows to escape the « money is what money does » definition. On one side, the ¿cours legal¿ shows that the legal definition of currencies is no longer based on the physical appearance of devices but on legal criteria. On the other, the study of the « cours legal » as rules for usage show that a subdivision distinguishes the rules at which currencies must be accepted from those that set the value for which they circulate. This duality can be extended to the understanding of immaterial currencies (scriptural and electronic currencies). Applied to them, the notion of "cours legal" allows to isolate the rules that govern their acceptance as common monies and their value in a cashless society
Zhang, Qian. "La chine et les droits de l’homme : évolution et perspectives juridiques". Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111015.
Texto completo da fonteThe concept of human being was defined in China since the sixth century B.C. as "a living organism which has a certain height, its hands are different from its feet,covered by hair and has developed teeth, capable of moving quickly in an uprightposture". Since then, two categories of men were defined: the ren, to designate a virtuous man or somebody who xercises public or private functions; and the min, to designate men who have no public power. The Chinese society was built on thisdistinction: the ren, known by their virtuosity, might offer their services to the min and the society itself, and the min have some fundamental rights towards ren population. For that reason, ancient China set up two protection mechanisms: min’sindividual queries to request the respect of their fundamental rights against actions from public agents, and the zuiji zhao, mechanism used by the emperors to punish themselves. Over time, three compliance control mechanisms were developed. By the end of the Qing Dynasty, this Chinese approach to fundamental human rights was compared to Western approach to human rights by the Chinese population, who recognized themselves in the western approach, following the disturbance in the Chinese tradition led by the Manchu. For the re-establishment of Chinese tradition, three main political and legal reforms were carried out by the Chinese in order to restore their tradition, abandoned by the Manchus, and to conciliate Western theories and experiences with Chinese approach. A turning point was achieved with thecontribution of China in the development of UDHR, and the nomination of the Chinese representative as vice president of the redaction committee
Yaga, Jean Prosper. "La dialectique de la justice et du pardon : approches des positions de la conférence des évêques du Cameroun depuis sa création jusqu'à nos jours". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAK013.
Texto completo da fonteJustice and forgiveness are like two poles of a dialectic that unites them to the point of making them inseparable. Forgiveness is a free gift that comes from a personal approach while justice is a natural or legal right that every human being is entitled. Indeed, forgiveness is not incompatible with justice. It coexists with justice without interfering. The work of one is supplemented by the contribution of the other. In this regard, there cannot be closure with forgiveness without justice. Likewise, there can be no reconciliation with justice without forgiveness. Thus, forgiveness is the fruit of justice. In fact, forgiveness is an act of love beyond fault that breaks pain and hatred. Forgiveness grows whoever offers it and contributes to the happiness of others. The past is vanquished and transcended. Justice is a safeguard that removes discord and inequality. From this point of view, justice and forgiveness are two interacting virtues that bring moral and spiritual fulfillment to human being. They are at the service of charity
Teixeira, dos Reis Huet Andréa. "La justice humaine chez Thomas d’Aquin". Thesis, Paris, EPHE, 2015. http://www.theses.fr/2015EPHE5015/document.
Texto completo da fonteThis work aims at emphasizing the importance of justice in the realization of man in Thomas Aquinas. The first part deals with scientific knowledge and human action, the idea of order ruling, for him, the theoretical level as well as the practical level. The second part deals more specifically with the virtue of justice, requiring the analysis of the other not only moral but also intellectual virtues, which operate together with it for the good of man. The third part handles with the relations between justice, right and law; the right understood from two related perspectives, either as the object of justice, or as the result of the fair application of the law
Chavanne, Robin. "Contribution au tolérancement fonctionnel 3D des mécanismes complexes : synthèse des spécifications et analyse de tolérances". Phd thesis, École normale supérieure de Cachan - ENS Cachan, 2011. http://tel.archives-ouvertes.fr/tel-00661712.
Texto completo da fonteVion, Anne-Lucie. "Gestion du patrimoine logiciel et Cloud Computing". Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAM019/document.
Texto completo da fonteBout Cloud, only few works deals with dynamic and real usage analyse of deployed software in order to determine the true related costs, and licensing compliance with acquired rights from the software editors.However, the emergence of Software Asset Management (SAM) shows the growing concerns of the industry and carriers facing the licensing model complexity especially in virtualized environments where the software usage is disrupted.Editor’s answer consists in proposing to stop following this consumption via very expensive illimited-usage contracts. It makes impossible implementation of true cost management policies. For final users like for cloud service providers, it is crucial to manage and optimize license deployment in cloud environments.The aim is first to control Software need, as close as possible to real time, then to generate optimization scenario based on consumption evolution by cost modelization.It represents a valuable saving leverage and may let spring up new licensing model, more profitable for each software lifecycle’s stakeholders.Usage context covers all scope of Cloud (application, infrastructure and network). Our works propose to rebuild the Software life-cycle, from procurement to deinstallation, encompassing the constraints of it nature and usages. We propose to solve software identification issue by creation and monitoring of tags.Additionally, we propose an innovative modeling based on a graph database which allows instant integration of configuration changes, to take into account the different level of responsibility induced by the different level of granted services. It offers enough flexibility to handle classical licensing models as use-based model which are often more attractive for cloud-users.Two use-cases will be developed to evaluate our models ‘efficiency : the software licensing management in PaaS (Plateform as a Service) context and in NFV environments (Network Function Virtualization)
Riccardi, Delphine. "L'impact de la régulation économique sur l'entrée d'un investisseur privé dans une industrie de réseaux : Application aux services Européens de communications mobiles". Phd thesis, Jouy-en Josas, HEC, 2009. http://pastel.archives-ouvertes.fr/pastel-00005201.
Texto completo da fonteBouaziz, Hafedh. "La conversion des actes juridiques". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3006/document.
Texto completo da fonteThe thesis proposes to redefine the notion of conversion. The analysis of positive law shows that the classical definition of conversion, such as (like) the operation which consists in drawing from a null act a valid new act, may be extended from a double point of view. All that had been done was the conversion of legal acts; it has been discovered that it can be extended to instrumental acts. In the same sense, there had been contemplated only one cause of conversion, the nullity of an act; it is now accepted that it could operate as a result of a case arising a posteriori, like the lapse, the prescription, the foreclosure and the resolution. Conversion may, therefore, be defined as the technique which gives effect, by the will of the law or the judge, to a legal act which has not been formed because of an original defect or which Was able to survive because of a posteriori cause when the elements which remain correspond to the definition of a new legal figure satisfying the economic objective pursued by the parties.The thesis also proposes to modernize or renovate the regime of conversion. The modernized conversion requires the active intervention of the judge to verify that the conditions of the conversion are met, but also and especially to decide on its expediency. Conversion thus places the judge at the rank of true trainer or "maker" of the contract. The doctrinal analyzes which present conversion as based on an alleged virtual will of the parts are artificial. There is, however, no need to demonize the office of the judge by claiming that conversion is an exorbitant and authoritarian process. The anxiety which may arise from the increase of the role of the judge in conversion is appeased as soon as the judge is obliged to draw the elements of the new act into the original act. They have yet to be tempered by the constant search for a new act which responds to the original purpose of the parties.The ambition of this thesis was therefore twofold: the redefinition of the notion of conversion on the one hand and the regeneration of its regime on the other. In view of this renewed analysis, conversion is destined for a prosperous future as a technique for the rescue of legal acts
Carré, Dobah. "La loi applicable aux transferts de biens virtuels". Thèse, 2015. http://hdl.handle.net/1866/15967.
Texto completo da fonteLes mondes virtuels multi-joueurs sont des jeux à trois dimensions. Leurs utilisateurs s’adonnent depuis plusieurs années à plusieurs activités en se transférant des objets virtuels créés ou achetés dans les mondes virtuels dont ils revendiquent la propriété. Ces objets appelés « biens virtuels » n’ont d’existence qu’en ligne et peuvent prendre n’importe quelle forme (avatars, vaisseaux spatiaux, etc.). Bien que le marché des transactions de biens virtuels représente un important impact économique, social et juridique sur l’ensemble de la consommation, ces « biens » ne sont pourtant pas juridiquement reconnus, ni protégés par la loi ou par la jurisprudence en Amérique du Nord et en Europe, seuls les contrats de licence rédigés par les développeurs régissent leurs utilisations. Or, les conflits dans ce domaine peuvent devenir très complexes, car les rencontres virtuelles donnent lieu à une grande variété d’activités et sont créatrices de liens de droit entre des internautes qui peuvent se trouver physiquement à l’autre bout de la planète pour se rencontrer virtuellement dans l’environnement du cyberespace. Ainsi, les effets dommageables de ces activités vont se manifester en dehors du réseau. Puisque dans ces cas, l’espace virtuel et l'espace matériel sont interconnectés, on se pose la question suivante : quelle est la loi applicable aux transferts de « biens virtuels »? Pour traiter d’une question litigieuse en droit international privé, il faut passer par l’étape préalable de la qualification juridique de l’objet du litige, ici les biens virtuels, afin d’être en mesure de le rattacher à un régime juridique et à la règle de conflit applicable selon ce régime. Les biens virtuels, immatériels par essence, n’existent pas réellement. Techniquement parlant ce sont des représentations graphiques de codes sources enregistrés dans le logiciel du monde virtuel. Ainsi, l’existence juridique de l’objet virtuel en tant que « bien » est controversée en droit civil, car elle dépend de la conception stricte (traditionnelle) ou élargie (moderne) que l’on adopte du droit de propriété. En admettant que les biens virtuels soient reconnus en droit des biens, les règles de conflits de lois applicables à cette matière portent beaucoup d’importance sur la situation matérielle du bien pour la localisation du rapport de droits, ce qui rend très difficile la recherche de solution des conflits de lois dans notre matière. Ainsi, l’application du principe de l’autonomie tend à s’élargir aux questions de droits réels, mais cette solution n’est pas satisfaisante pour les tiers. Dès lors, il convient de se rallier à la doctrine contemporaine qui critique la référence générale à la règle de rattachement localisatrice dans des situations nouvelles et spécifiques empreintes de difficultés de localisation afin d’appliquer préférablement le régime de propriété intellectuelle, adoptée spécifiquement pour les biens immatériels. L’application de la loi sur les droits d’auteur est plus adaptée aux biens virtuels en tant qu’œuvre de l’esprit, parce que les droits ne se trouvent pas limités par l’inexistence de cet objet et parce que les règles de conflits propres au droit d’auteur d’origine conventionnelle permettent une protection internationale du droit d’auteur.
Multi-player virtual worlds are three-dimensional games. Over the past few years, players have been engaging in various activities involving the transfer of virtual objects that they have themselves created or purchased in these virtual worlds and over which they claim ownership. The objects, called “virtual goods”, exist only in the online world and may take any number of forms (e.g. avatars, space ships, etc.). Although the market for virtual property has important economic, social and legal impacts on consumption, these “goods” are neither recognized by the law, nor protected by North American or European legislation or jurisprudence; only the licensing contracts drafted by the developers regulate their uses. However, conflicts that arise in this domain may grow very complex since virtual interactions give rise to a great variety of activities and create legal relationships between the cybernauts who meet in the virtual environment of cyberspace although they may be physically located on either ends of the planet. Thus, the adverse effects of these activities may manifest themselves outside of the cyber environment. Since the virtual world and the physical world are interconnected in these cases, we have to ask the following question: what law should apply to the transfer of the “virtual goods”? In order to answer contentious questions that arise under private international law, one must first go through the initial step of juridically qualifying the objects in question, here the virtual goods, in order to be able to assign them to a specific legal regime and to the specific conflict of laws rules that apply under that regime. Virtual goods – inherently immaterial – do not really exist: they are graphic representations of source code embedded in the software of the virtual world. Thus, the legal characterization of the virtual objects as “property” is controversial under civil law because it depends on whether one adopts a strict (traditional) concept of property law or a more expansive (modern) concept. Even if virtual goods were to be recognized under property law, since the conflict of laws rules applicable to property law place a lot of importance on the physical location of the property in order to determine the legal attachment, this renders the search for a solution to the conflict of laws in this area very difficult. Application of the principle of contractual autonomy therefore provides greater scope in determining property rights, but this solution may not be satisfactory to third parties. Thus, it is useful to turn to the contemporary doctrine that criticizes the general application of the rule of physical attachment to particular and novel contexts that present difficulties in determining the location of the property and instead applies the intellectual property regime which is specifically designed to deal with incorporeal goods. Copyright law is better suited to virtual goods as creations of the mind since its application is not hampered by the non-existence of the goods and because the conflict of laws rules applicable to traditional copyright law provide international protection for copyrights.
Jonchères, Erwan J. "Encadrement juridique des monnaies numériques : bitcoin et autres cryptomonnaies". Thèse, 2015. http://hdl.handle.net/1866/13991.
Texto completo da fonteLes cryptomonnaies sont des monnaies numériques, qui se sont développées hors de tout contrôle étatique et qui fonctionnent de manière décentralisée. Bien qu’étant encore à leurs balbutiements, ces cryptomonnaies, à l’instar du Bitcoin, soulèvent de nombreuses questions juridiques. Dans ce mémoire, seront analysées les différentes définitions qui pourraient inclure la cryptomonnaie, avant de nous concentrer sur la définition de la monnaie numérique. Ensuite, seront étudiés, les aspects criminogènes des cryptomonnaies et la volonté des États d’avoir un certain contrôle sur celles-ci. Puis après nous être concentré sur la fiscalité applicable aux monnaies numériques, il sera nécessaire d’examiner l’étendue de la protection des consommateurs, dans leurs rapports aux cryptomonnaies. Pour ce faire nous nous appuierons, entre autre, sur les lois canadiennes, françaises et américaines. Toutefois vous vous en rendrez-compte, les cryptomonnaies n’ont pas encore été totalement englobés dans les systèmes juridiques des trois pays étudiés, et les tribunaux n’ont été saisis que dans très peu d’affaires relatives aux monnaies numériques, ce qui implique que de nombreuses incertitudes juridiques persistent à l’heure actuelle.
Cryptocurrencies are digital currencies which developped outside of state control. They function in a purely decentralized manner. Although they are only at an early stage, those cryptocurrencies, like Bitcoin, raise many legal issues. In this article we will analyze different definitions which might include cryptocurrencies, before focusing on the definition of digital currencies. Therefore we will study the criminal aspects of cryptocurrencies and the willingness of the states to gain a certain control over them. Then, after focusing on the taxes applying to digital currencies, it is necessary to examine the extent of the consumer’s protection while dealing with cryptocurrencies. In order to do this, we will rely, among others, on Canadian, French and American laws. As you will notice by yourselves the cryptocurrencies have not yet been fully encompassed within the legal systems of those three countries, and as the courts have only been seized in very few cases relating to digital currencies, you will find that many legal uncertainties currently persist.
Bostani, Fateme. "Children’s right to “proper education” in contemporary Iran : a critical legal essay with an ethical and empirical approach towards improving Iranian governance". Thèse, 2019. http://hdl.handle.net/1866/23506.
Texto completo da fonteThe research takes place in the current daily life of the educational sphere in Iran. It should be noted that Iran is a non-Western and Islamic state, but nonetheless adhered to the rather Western principles of the International Convention on the Rights of the Child. This research is part of a continuity of research in support of human rights. It offers a path of empowerment to Iranian groups open to democracy, but also to educational movements concerned with the fundamental rights of the person. Divided into four chapters, the hybrid questioning of the thesis leads to a critical interdisciplinary essay benefiting the three disciplines of law, philosophy and empirical study. Facing the international and Iranian legal system from a classical legal view, the philosophical chapter tends to respond to the question of “what could be considered not just the right to education, but the right to a “proper” education based in ethical and philosophical grounds in the sense that it would better suit Iranian culture and social habits than an allegedly “universal” [occidental] classical legal conception?". The empirical chapter, then, looks for the “Iranian social representations of the children’s rights that reveal the gap between the ideal expressed concept of “proper education” and day-to-day life of children?” with an advocative approach. From a philosophical view —more precisely from virtue ethics stand point—the thesis proposes the concept of "right to proper education" as a critical approach to the international and internal positions of the right to education for children. "Proper education" is presented as a moral and legal right for children under the category of developmental rights which serves the right to an open future and the right to maximizing self-fulfillment. It is also a conception of the right to education harmonized with the current Iranian Islamic context. From an empirical standpoint, starting from a typical inductive approach of the Human Rights Advocacy approach and based on more than eighty (80) interviews with children and teachers, the gaps between the official laws and the ways in which they are experienced, mobilized, thought of or denied in the sphere of today Iranian education, are observed and analyzed. Finally, the critical legal essay suggests the Iranian governance to be open to a shift toward a modern contractual authority in educational system to be more compatible with the psycho-emotional needs of children and at the same time to apply the virtue ethics political advice to move toward a liberal form of educational policies that promotes the virtues of autonomy and toleration. These are all crucial information for wise Iranian legislative governance rooted in an Islamic pursuit of virtues as well as the happiness of children.
Lemay, Jacques. "Convergences et divergences dans les conceptions de la morale de Ronald Dworkin et Alasdair MacIntyre". Thèse, 2011. http://hdl.handle.net/1866/8426.
Texto completo da fonteThe subject of this thesis is the relation between morals and law. It raises the question of the objectivity of morals in Ronald Dworkin’s theory of law. Dworkin has to set sound justification criteria of morals in order to establish its authority in law. He disputes the validity of the rule of recognition of Hart which negates that morality is an inherent part of law. In his last book, Justice for Hedgehogs (2011), Dworkin present his thesis on the unity of value between law, personal morality and political morality. To succeed in integrating morality into law, he has to defend its objectivity. He develops a particular concept of rationality and truth applicable to morality. His concept of practical rationality is drawn together with Alasdair Macintyre’s own concept of rationality MacIntyre rejects the Enlightment’s claim of a universal and neutral rationality. He develops a concept of practical reasoning based on the concept of traditions of enquiry. He makes the history of the most important traditions of enquiry from Ancient Greece to today. He considers that the Aristotelian tradition of enquiry is superior, since it gives objectivity and intelligibility to morality. Points of convergence and points of divergence are identified in the concepts of morality of Dworkin and MacIntyre. These common aspects are found in the theoretical fundamentals in philosophy, in their concepts of practical rationality and in their definition of the notions of law and justice.
Thiffault-Chouinard, Nicolas. "La preuve civile et les interactions avec les assistants vocaux, un point de vue comparé". Thesis, 2019. http://hdl.handle.net/1866/24457.
Texto completo da fonteRecent developments in the fields of artificial intelligence, of the Internet of Things and of voice recognition, together with the accessibility to electronic devices and wide Internet connection in the industrialized countries, led to the introduction of virtual personal assistants. This software, installed on various devices such as mobile phones and smart speakers, allow their users to interact with these devices using their voice. As these technologies allow their users to interact with connected devices through the Internet, they will most likely become the main gateway to the Internet in a near future. Considering the great variety of tasks performed with connected devices, the legal questions regarding evidence generated by and collected from their use must now be asked. First, this master’s thesis will compare the normative frameworks of both Quebec and other jurisdictions in order to define, technologically and legally, the virtual personal assistants and the evidence they generate. In a second time, this thesis will focus on the admissibility and the probative value of the evidence garnered from virtual personal assistants, in the context of Quebec’s civilist tradition. The author focuses on the conditions of admissibility and on the designation of technological documents and of their characteristics, analyzing first and foremost the criteria of authenticity and integrity and the questions of proportionality. The author discusses exceptions to admissibility, especially the violation of a fundamental right and privilege considerations. Furthermore, the author discusses the probative value of technological evidence, proposing that the understanding of the underlying technology is a key factor in the determination of the probative value of any technological evidence. Finally, the author suggests that artificial intelligence creates a new category of technological evidence that might be calling for changes in the judicial principles and procedures of the province of Quebec.