Дисертації з теми "Classifications en droit comparé"
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Fu, Chao. "La sûreté flottante dans une perspective de droit comparé." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020008.
Повний текст джерелаFloating security is a conventional security encumbering a category of property, often the entire undertakings of the debtor, which can only be a legal person. Before the crystallization, the debtor remains free to dispose of its assets in the normal course of its business. It has particular characteristics, but cannot be defined precisely by necessary and sufficient criteria.Through the examination of the floating security, this dissertation highlights certain trends in the development of security interests in property. The security interest can guarantee the performance of debt, but also facilitate the financing of business. The object of security interest (in broad sense) has been enlarged from real property to personal property, from tangible assets to intangible assets, from present assets to future assets, from specific assets to the pool of assets (fund), from static assets to circulating assets. There is a relaxation of the accessory principle and the specialty principle. There is an increased contractual freedom in security interests, this freedom pierces from time to time the numerus clausus. The management and supervision function of security interest has become more significant. This dissertation highlights also the emergence of the notice filing registration approach and the flexibility of the required information to register. The conventional (out-of-court) enforcement of security has taken an important place in the enforcement of security interests in property
Aurino, Marta. "Les modèles de justice constitutionnelle : entre inadéquation et innovation : pour une analyse multidimensionnelle de la justice constitutionnelle comparée." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0433.
Повний текст джерелаThis thesis proposes a reassessment of traditional models of constitutional justice through a comparative and empirical approach. The classical distinction between the American and European models, when confronted with the growing diversity of constitutional justice systems worldwide, reveals significant conceptual limitations. To address these challenges, two analytical pathways emerge: one aimed at developing new theoretical models based on revised criteria, and the other focused on creating innovative analytical tools better suited to contemporary complexities. It is this latter, less explored approach that forms the core of this work. Drawing on an empirical analysis of constitutional justice systems globally, and employing correspondence analysis methods, a multidimensional analytical tool has been developed. This tool allows for the representation of the diversity of legal systems in a fluid and evolving framework, accounting for contextual variations and the multiple interactions influencing constitutional litigation. Rather than classifying systems according to fixed criteria, it positions them within an open dynamic, reflecting the complexity of their interactions. The central objective is to better understand the role of the constitutional judge by examining their participation in the decision-making process, with a focus on constitutional review standards, access to justice, and the competencies of Constitutional Courts. By adopting an empirical and multidimensional methodology, this work seeks to transcend traditional frameworks in order to embrace the complexity and multiplicity of contemporary legal realities while creating a didactic tool
Ranjatoson], Liva Caroline. "Les salaires en droit comparé." Perpignan, 2006. http://www.theses.fr/2006PERP0726.
Повний текст джерелаGiven that they are food providing, wages take on a vital function benefiting most workers. However, the wage is a relative notion, which cannot be, attributed a unique definition. It involves a variety of elements, which are connected to the bulk of the wage. Yet, there are numerous cases in which a precise qualification is required as regards the amounts of money the wage earner gets from his employer. Indeed, it is of a major importance to determine whether some or other element can be labelled a wage, since such a label will determine which juridical scheme is to be applied to the wage. In view of their historical background, we can say that a great part of the Malagasy regulations are modelled on the French law. The principles adopted by both legislations are similar, even though the Malagasy legislation sometimes reveals a few weak points, despite the fact that the labour law was overhauled in 2003
Samba, Yves. "L'apatride en droit international et en droit comparé." Montpellier 1, 2002. http://www.theses.fr/2002MON10066.
Повний текст джерелаPatin, Marc. "Transferts d'entreprise en droit communautaire et droit comparé." Paris 2, 2009. http://www.theses.fr/2009PA020060.
Повний текст джерелаAli, Ahamada. "Le droit maritime comorien : étude de droit comparé : droit français / droit comorien." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D020/document.
Повний текст джерелаIn the Comoros, the maritime law is a discipline which, for a long time, remained in the blur. The internal texts whiwh were supposed to govern the maritime law to the Comoros were almost inknown and not easily findable. These texts inherited France, would deserve to be amended or replaced by new provisions taking account of realities and the international standards. To date, the country adhered to none international conventions in force governing the international maritime law. It is in cruel lack specialists in maritime law, whereas the disagreements in this field do not cease increasing. Several not-right and remote regions plane on the relative questions with the maritime law. While referring to us with the French right with the Comotian Right maintains still and always close relations, this thesis aims main aim to revisit the Comorian maritime law in order to detect the gaps and the originalities of them, with a view to be able to propose an overallreform of the Comorian maritime law
El, Khoury Pierre. "Les exceptions au droit d'auteur, étude de droit comparé." Montpellier 1, 2007. http://www.theses.fr/2007MON10004.
Повний текст джерелаThe purpose of this thesis is to scrutinize limitations in french copyright, american fair use, canadian fair dealing, and limitations at international extent. Limitative function of these exceptions restrains the scope of copyright monopoly. Despite the discrepancy between different doctrine, the existence of these limitations is commonly declared necessary for copyright system balance. Yet, legal mutations triggered mainly by economical, political and social considerations lead to cripple the importance of copyright limitations. Restriction on their scope is exacerbated on the other hand by an overprotection of copyright 's owner. Still, limitations in each system adjust themselves in different manners. However, globalization reinforces a polarization and standardization movement so the systems risk divert from their own characteristics. Thus, search for a common rationale and acceptable rules to restore copyright balance becomes essential. Like other comparative study, this thesis' vocation is to proceed with a cognitive and critical view
Avila, Rufino Gilberto d'. "Droit et aménagement du littoral : étude de droit comparé." Limoges, 1994. http://www.theses.fr/1994LIMO0444.
Повний текст джерелаEl, Khoury Michèle. "La fiducie : étude de droit comparé." Paris 2, 2002. http://www.theses.fr/2002PA020029.
Повний текст джерелаRasoarahona, Yves. "L'adoption en droit international privé comparé." Toulouse 1, 1986. http://www.theses.fr/1986TOU10013.
Повний текст джерелаThe "national" adoption, "institution in euphoria", from the end of the first world war until the end of the sixties, has been, in the European and the North American countries, the victim (one of the rare ones) of the evolution of morals and the so-called social laws (about contraception, abortion, assistance to single parents). However, there is a paradox: the number of the candidates adopters, in these countries, is increasing. That is why the euphoria for the "substitute»: the "international" adoption. This multiplication is also one of the consequences of the awareness, in such countries, of human distress in the "other" world, of the means of communication and transport development, of the populations mobility. If there is a "common fund" of international legislations (civil laws on adoption) in the European and North American countries, nevertheless the private international laws are diverging, as regards the solutions to bring to the multiple problems set by the international adoption. However, a kind of classicism of "common fund" in the way of meeting these different problems has been reached. Has this classicism of the different private international laws in general, and those of adoption, in particular, been influenced, and to what extent, by the wave of ideas, of "new" approaches, invented since the end of the second world war, ideas, methods, in order to solve the problems set by the international private relations. International adoption has been, and still is, the battlefield on which are confronted the national juridism (the private international law is a national law) and the basically human, "emotional" nature of adoption, and on which are confronted the classicism and the "new" ideas. These two struggles seem to be a single one
Marzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français." Perpignan, 2006. http://www.theses.fr/2006PERP0730.
Повний текст джерелаThe first part of the thesis is devoted to the determination of the concept of fault serious, it is divided into two chapters:: the conditions of the calling into question of paid (chapter I) are articulated between the conditions of existence of the fault, the liable abuse right to be made by the employee, and the role of the circumstances in the appreciation of the known as fault. The observation of the serious fault (chapter 2) is analyzed on the one hand in comparison with the capacity of observation which the employer has who bases himself on theoretical and practical bases, then in addition in comparison of the means and the burden of proof which must make it possible to the judge to judiciously qualify the faulty act. The second part is devoted to the effects of the serious fault, which are obviously the suspension of the working relationships (chapter 1) which are doubly appreciated: by its immediate character and the sasine of the court. Then, the legal control of dismissal (chapter 2) is analyzed in comparison with the basic judge who has within this framework a sovereign capacity, nevertheless subjected to the control of the supreme court
Geiger, Christophe. "Droit d'auteur et droit du public à l'information : approche de droit comparé." Montpellier 1, 2003. http://www.theses.fr/2003MON10043.
Повний текст джерелаPhi, Thi Thuy Linh. "La détention provisoire : étude de droit comparé : droit français et droit vietnamien." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40053/document.
Повний текст джерелаMost penal systems in the world have recourse to the custody of a person suspected of having committed an offence before final sentencing. Nevertheless, the intensity of this measure depends on the political regime – democratic or authoritarian- as well as the type of procedure: accusatory or inquisitorial. This deprivation of freedom before sentencing is based on the necessity to protect society from the offence which the suspect would have committed during his/her freedom. However, how can one determine this risk, this eventuality, whilst the suspect’s guilt remains to be determined by a body competent to do so? The detention of an innocent person is an irreparable wrong and a serious breach of one’s fundamental rights. Whatever the political or procedural model, the regime of pre-trial detention must strike a balance between the efficacy of the measure and the protection of fundamental rights. We will analyse the question of pre-trial detention from the Comparative Law perspective of two penal systems (French and Vietnamese ) which are seemingly contrasting at all levels: geographical, political and cultural; but which both seek measures which limit the abuse of pre-trial detention. The requirement of the likelihood of guilt before remanding the suspect in custody (as well as throughout the pre-trial detention) remains an essential rule of these systems. However, this does not solve all the problems regarding detention, notably in a context where the efficacy and the role of the entire prison system are being called into question
Saint-Pern, Laure de. "La notion de filiation en droit comparé : droit français et droit anglais." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020053/document.
Повний текст джерелаThe notion of “filiation” refers to the family relationship between a parent and a child, which place each on ein a family lineage and identify him from the members of his family. Because of its universality, it seemed appropriate to examine how two different legal systems, such as those of civil law and common law , understood it. Referring intuitively to a genetic link between parent and child, the notion of “filiation” could be, at first sight, reduced to a physical aspect. However, the law recognizes that it covers other realities like social and emotional ones. Thus, it reveals a more complex concept. In recent years, a tension appeared between genetic reality, which became available thanks to advances in science, and will, used to base alllegal fictions such as adoption, assisted reproduction and surrogacy. The law seeks to check and balancethese foundations with the child's welfare and public policy.The comparative study of French and English law also revealed a growing dissociation between the notion and its effects. Indeed, the effects can be assigned independently of the legal existence of the link. This dissociation has revealed a more precise one between the status, that is to say the initial link which isattached the effects, and the role, that is to say, the behavior which will receive all or part of the effects of filiation. Then, the effective exercise of this role can re-aggregate the effects of filiation. Thus, it is questioning the notion on its ability to account for changes in the family law
Milingo, Ellong Jean Joss. "Le civisme contractuel : étude de droit comparé. Droit OHADA et droit européen." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010265.
Повний текст джерелаThe "contract" is just because both parties wanted it. This idea has long prevailed in contract law and is still very present. With the observed economic, social, environmental and technological transformations, it is blunted in favour of a protective interventionism, the will no longer being to ensure exclusively the protection of the contractual interests. Today, voluntarism and protectionism are not enough to ensure the safety of all contractual interests. It is therefore necessary to think otherwise of a contract. According to Dean Carbonnier, «on/y the contractual citizenship (contract compliance ta public order and morality) represents an absolutely general validity requirement, the minimum social conformity required of al! contractors». The idea of citizenship, consubstantial with the notion of contract, reveals itself gradually on the matter, under national law, as in the state groupings such as the European law and OHADA. Though implicit, contractual citizenship is stated in the sources of these legal systems and its heterogeneous content is identifiable and recognizable. Moreover, the contractual citizenship authority to apply to all contracts of private law; to all contractual phases, even though it would be more evident during the execution of the contract. It binds the contracting parties and interpreters such the judge and arbitrator, and contribute" not only to help increasing their powers, but also to the security and reassurance of contractual relationship. Thus, the contractual citizenship could not be limited, as foreseen by the illustrious sire Dean Carbonnier, to an extrinsic condition of validity of the contract relating to the content. It is about a general principle of contract law, complementary to the existing principles like liberalism and contractual solidarity, and whose necessary textual dedication can be relativized. The violation of rights and obligations which conveys the contractual citizenship is sanctioned according to whether the interest in question is general or private, the idea being to maintain the contract so long as its execution remains possible, or to accelerate its disappearance when established that its maintenance likely infringe or affect the contractual persons involved
Abu-Helo, Shadi. "Réflexion sur la notion d'exonération : étude de droit civil comparé entre le droit français et le droit jordanien." Grenoble, 2010. http://www.theses.fr/2010GREND015.
Повний текст джерелаTijani, Abdelmajid. "Le secret professionnel en droit marocain et en droit comparé." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0013.
Повний текст джерелаProfessional secrecy is a concept that has known unprecedented success in most countries worldwide. It has been generalized to all professions and areas such that it has become an indispensable tool for all sectors. For this reason, the legislature has placed professional secrecy on a privileged level of the legal arsenal. Our Positive Law, drawing on the laws of democratic countries, lays down special rules applicable to the obligation of professional secrecy. Indeed, Article 446 of the Moroccan Penal Code establishes the general principle of confidentiality. It imposes on professionals a general obligation not to disclose customers’ secrets to the public. This legal obligation relates to public order; from which we cannot derogate. The implementation of the general rule of professional secrecy allows exceptions in certain cases expressly and restrictively defined by law or expressly provided by parties in their agreements. These obligations are generally drawn up for administrations, administrative and judiciary authorities, communities, government departments and agencies. Apart from these legally prescribed and limited cases which authorize disclosure of professional secrets, thereexist other instances which permit the lifting of such secrets, without, however, engaging the liability of the confidant.This could be applicable to the infraction of money laundering and to the field of new information and communication technologies, commonly called the Digital Domain. The violation of professional secrecy by an agent of the Administration entails the execution of penal sanctions and, eventually, civil penalties, without prejudice to disciplinary sanctions forviolating professional secrecy
Voinot, Denis. "La norme technique en droit comparé et en droit communautaire." Grenoble 2, 1993. http://www.theses.fr/1993GRE21043.
Повний текст джерелаThe existence of the technical standard in law forces the lawyuer to include in his analysis on the theoretical level as musch as on the material one. The rise of the standar to the level of "law source" or to that of "source of juridical reasoning" accounts for its significance and its scope within what may be called products safety european law. The study of comparative french or german law in that field first of all shows how community texts have included ruses that were not a prioir legal. It also demonstrates the value those should by given as far as the manufacturer's respon sability is concerned espacially.
Abdel, Razek Mohamed. "L'élément moral de l'infraction en droit comparé." Paris 2, 1992. http://www.theses.fr/1992PA020031.
Повний текст джерелаAlami, Aroussi Hassane. "La société anonyme duale en droit comparé." Montpellier 1, 2006. http://www.theses.fr/2006MON10022.
Повний текст джерелаFarhana, Frank. "Le commissionnaire de transport en droit comparé." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32050.
Повний текст джерелаThe international transport of goods has developed thanks to the containerization and the increase in the world-wide exchanges. For the organizers of transport, this has led to greater responsibility and created some legal unsecurity. The French transport commissioner (Commissionaire de transport) gives less problems regarding the legal system applicable to him while his foreign counterparts engaged in the organization of transport were not prepared for the majority to this evolution, and therefore, many disputes have arisen concerning their qualification. Indeed, the foreign organizers that we shall designate as transport intermediary or freight forwarder can, according to their engagement, act like « agent » or « principal ». In order to be able to determine their exact legal qualification, the criteria allowing their distinction will be analyzed through the jurisprudence. Besides, the extent of their obligations and legal or contractual responsibilities will be tackled. Indeed, in all the countries, national associations of professionals of transport have worked out varied and diversified general conditions to regulate the activities of their members. By this very fact, the analysis of the opposability of purely contractual clauses proves to be necessary, and therefore, any comparative study between the various legal systems or contractual frameworks will allow a pragmatic and legal approach helping the resolution of litigations. The development of multimodal transport, thanks to the containerization, has led to multiple attempts to standardize the system applicable to the transport operator, as it may currently be the case for carriers governed by unimodal conventions. These attempts of standardization for establishing an international convention having all failed, apart from few regional agreements, the International Federation of Freight Forwarders Associations have taken the initiative to publish rules of purely contractual nature, giving their members the choice to refer thereto when they engage as multimodal transport operators.At present, an international convention known under the name of « Rotterdam Rules » has been worked out to govern a transmaritime transport, having for aim to standardize the rights and obligations of the parties. We shall analyze its impact on the transport operator whether acting as shipper or carrier. Likewise, the knowledge of the content of the applicable law, as determined by the rules of conflict of laws, will enable a practitioner to better grasp the resolution of litigations
Ahualli, Steinberg Maria Gabriela. "Le terrorisme en droit comparé franco-brésilien." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3005/document.
Повний текст джерелаThe evolution of terrorism along the last 30 years has provoked the reaction from the international community just as from the nations. An extremely severe criminal law, named enemy criminal law, is being developed. The Franco Brazilian comparative study of terrorism definitions, sanctions and applicable procedures reveals the presence and the limits imposed to this law by the principles of proportionality and legality, principles that became the common denominator of all legislations in criminal matters. In this way, the concepts of dangerousness and preventive measures take a new importance, in both substantial and procedural law. If this law is being developed so fast lately, it is due to the fact that the terrorist attempts are, in several countries, in greater number and more destructive
Dbouk, Hussein. "La tentative en droit comparé : Liban-France." Perpignan, 2010. http://www.theses.fr/2010PERP0989.
Повний текст джерелаThe lack of providing a clear definition of the criminal attempt concept in the Lebanese and in the French criminal laws oriented our study to alleviate this lack, as much as possible, going through a goal even more important than the theoretical division of the offender committed acts into two groups: the beginning of execution, which is punished, and the preparatory acts which is unpunished. Its practical methodology is essentially very important, where as the same material act is qualified as an act of execution or as a preparatory act, it might be punished or not. This question of qualification is entirely based on the interpretation of the beginning of execution concept. Generally, the modern criminal codes set the level of criminality by the beginning of execution, which characterizes the attempt. Indeed, both Lebanese and French codes haven’t proposed, neither a definition for the beginning of execution concept, nor provided a criterion for distinguishing the beginning of execution from the preparatory act, which remain in principle, unpunished. On this subject, the doctrine is very contested, and also divided between two opposing concepts; one is objective, and the other is subjective. The study of the criteria adopted by Lebanese and French case law allows to give a clearer definition to the concept of attempt, knowing that the comparison between the various proposed solutions and the multiplicity of types of crime makes it difficult to find a single model of the beginning of execution, because the situations are very different from one offense to another
Stoyanovitch-Salti, Yadhira. "La protection juridique des biotechnologies en Droit international, Droit communautaire et Droit comparé." Nice, 1989. http://www.theses.fr/1989NICE0001.
Повний текст джерелаCymbalista, Tatiana. "Poursuites et alternatives aux poursuites en droit pénal comparé : droit français, droit brésilien." Paris 2, 2005. http://www.theses.fr/2005PA020027.
Повний текст джерелаBuydens, Mireille. "La protection des prestations quasi-créatives en droit comparé (droit allemand, droit français, droit belge)." Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213060.
Повний текст джерелаJacob, de Fradera Vera Maria. "Réflexions sur l'apport du droit comparé à l'élaboration du droit communautaire." Paris 2, 2002. http://www.theses.fr/2002PA020016.
Повний текст джерелаChambon, Danielle. "Les aires marines protégées en droit international et en droit comparé." Nice, 1994. http://www.theses.fr/1994NICE0014.
Повний текст джерелаLabidi, Nabil. "Le désaveu de paternité en droit tunisien et en droit comparé." Perpignan, 2005. http://www.theses.fr/2005PERP0660.
Повний текст джерелаThe matter of filiation in tunisian law lack of cohesion in organization of the treated problems by the status personal code. The jurisprudence staked a major role in the matter. The law of 07 July 2003 modified and completed the law of 28 October 1998 relative at awaraing a name patronomyc to abondon children or the unknown filiation and the law of 7 august 2001 relative at the madicine of the reproduction consider as an legal revolution in the matter
Mathieu, Marie-Elisabeth. "L'"electio juris " en droit international privé : aperçu de droit comparé." Paris 2, 1998. http://www.theses.fr/1998PA020007.
Повний текст джерелаFarot, Serge. "Le statut de réfugié en droit international et en droit comparé." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30018.
Повний текст джерелаNowadays, the problem of people who leave their countries in order to escape a great danger is very important. There are nearly ten millions refugees through the world. In order to cope with that phenomenon, states resolved to deal with it by conclusion of international instruments. The more important of them are the 1951 Geneva convention relating to the status of refugees with the 1967 protocol and the OUA convention governing the specific aspects of refugees problems in Africa. But international instruments and states legislation dealing with human rights are very important for refugees protection too. To be considered as refugees, people must satisfy the conditions required by the convention. But the definition of the word "refugee" of the 1951 convention is not clear. It is to narrow too, in order to permit everyone who leaves his country in order to escape a great danger, to be granted protection as refugee. The definition of the OUA convention governing the specific aspects of refugees problems in Africa is better. When people satisfy the definition of "refugee", the more important protection they may enjoy is to be sure that they will not be driven back to any country where they will be likely to face persecutions. The protection of refugees against "refoulement" is forbidden by the 1951 and the OUA convention governing specific aspects of refugees problems in Africa. Refugees do not enjoy any right of asylum on the ground of an international instrument. But states parties to 1951 convention must grant some civil and political rights and some social and economical rights to refugees who are within their territories. The legislation and the practice of states remain very important for the granting of these rights to refugees too
Guyomard, Ann-Isabelle. "La protection de l'environnement en Antarctique : droit international et droit comparé." Nantes, 2010. https://archive.bu.univ-nantes.fr/pollux/show/show?id=0cae9bce-c3d0-4077-a380-0edf16a8ee8e.
Повний текст джерелаSince 1991, Antarctica has been natural reserve devoted to peace and science. Its fragile environment is protected by a unique legal regime based on the best scientific advice available. The Protocol on Environmental Protection to the Antarctic Treaty organizes the activities to limit their adverse impact on the environment and dependent and associated ecosystems. The protection of the intrinsic value of Antarctica is ensured by the Environmental Impact Assessment procedure. This approach is reinforced by the adequate protection of spaces and species of Antarctica. Therefore, the continent and the Southern Ocean benefit from the best legal regime of the world. However, the twenty-first century brings new challenges such as the increasing number of activities, the remaining presence of organic pollutants, the pressures of fishing on limited resources, bioprospecting, continuous tourism growth, and the imminent risk of a major maritime accident. Will the proactive approach and the cooperation of the Antarctic Treaty Consultative Parties be enough to deal with these important issues with respect to the interest of mankind as a whole?
Bochurberg, Lionel. "Les citations en propriété intellectuelle : étude de droit comparé." Paris 1, 1992. http://www.theses.fr/1992PA010296.
Повний текст джерелаA universal definition of the right of quotation in copyright and neighbouring rights may be elaborated through a comparative approach notwithstanding the many differences existing between the laws of various jurisdictions. In American and English law, the right of quotation is included in the defense of fair use or fair dealing. This definition is composed of three elements : - the purpose of the quotation - the materiality of the quotation - the acknowledgment of the use. These three elements are widely accepted by all laws. However, the following other elements remain different depending on the legislation of each country : - the nature of the work, the use of this factor in the united states tends (1) to the acceptation of quotations of unpublished works whereas they are forbidden in most countries and (2) to the ruling that a copying is more acceptable with factual works than creative works - the right of quatation applicable to literary works becomes more controversial with artistic, musical and audiovisual works - the nature of the damage, the economic effect of the quotations on the market of the work used and or infringement of the moral rights are not dealt with by all laws in the same way
David, Eric. "Les sanctions des pratiques anticoncurrentielles en droit comparé." Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30010.
Повний текст джерелаThe goal of antitrust sanctions should be efficient enforcement of antitrust law. Not only over dissuasion but also under-dissuasion have to be fought. Antitrust law enforcement's costs have to remain low. Procedural and content rights are closely linked. An optimal sanctions regime supposes an efficient identification of infringements The European system costs of regulation and those of non-regulation are very high. As far as cartels are concerned, the American system has the merit to propose a model of criminal negociation that permits an efficient application of competition rules. In order to guarantee the markets self-regulatory function, public powers should restrain barriers to market access and put an end to the economic state control. To minimize perverse effects of fines passed on undertakings, emprisonment sentences should be preferred for major infringements. Such a criminal sentence is dissuasive and makes the public opinion aware of antitrust law
Razgi, Mohamed. "La @légitime défense en droit français et en droit libyen : étude de droit comparé." Paris 1, 1990. http://www.theses.fr/1990PA010276.
Повний текст джерелаConsidered by certain ancient legislations as a simple excuse, the self-defence is regarded in law; either in france or in libya, as a justificatory fact, part thus of the general theory of justification. To this respect, the existence of the justificatory fact prevents at the orlgin, the constitution of the offence, and by the way permits to distinguish the justificatory fact from other connected notions as criminal irresponsability causes. We understand by justificatory fact, as related in particular to self-defence, an actual and unjust danger threatening a right or an interest potected by the law. The existence of a justificatory factor in other words, the existence of an actual and unjust danger, authorises a necessary and proportional reaction to the agressive force. It is, furthermore, this agressive force combined with a right or an interest imperil which determine the balance of the defense force. The author and all who would participate to the neutralization of the justificatory danger do not incur any responsability, neither criminal nor civil. Self-defense as a justificatory fact and specially as a right, is incompatible with the offense, source of the tort, either criminal or civil
Bernadskaya, Elena. "La sentence arbitrale internationale : contribution de droit processuel comparé (droit français et droit russe)." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30084.
Повний текст джерелаThe arbitral award is a complex legal notion, sharing characteristics with the contract, the jurisdictional act and the judicial decision. Indeed, the jurisdictional dimension of the arbitral award has now been admitted, though, because of its contractual source, it is still considered as a private legal act. The legal regime of this jurisdictional act is therefore influenced by a contractual bias – as from the arbitrators’ appointment up to the enforcement of the arbitral award. A comparative approach shows that the arbitral award’s notion and legal regime are differently considered in French and Russian laws. The differences lie mainly in the interpretation of the legal qualification criteria, though the latter are similar in the two legal systems. The purpose of this analysis is to identify the said differences through the study of the arbitral award’s notion and legal regime in French and Russian laws, which might lead to consider that the specificity of the arbitral award should be preserved instead of considering the award as a judicial decision
Huang, Chaowei. "Les sûretés réelles en droit chinois et en droit français : étude de droit comparé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020016.
Повний текст джерелаDuring the same period, a reform of security law had completed in France, while the Chinese real rights law which has renovated security rights in rem was about to be promulgated in China. This thesis, based on Chinese law and drawing upon a comprehensive study of laws and administrative regulations on the subject, reveals the differences between Chinese and French law and analyze their cause and effect behind similar terms and notions. Grounded on the comparative study, the thesis draws the conclusion that the Chinese system of security rights in rem requires a further reform despite the arrival of new law
Crépeau, François. "La condition du demandeur d'asile en droit comparé : droit international, droit français, droit canadien et quebecois." Paris 1, 1990. http://www.theses.fr/1990PA010280.
Повний текст джерелаThe recent increase in the number of asylum-seekers in industrialized states has given headaches to public administrations. The overburdening of refugee status determination systems has given rise to restrictive pratices approved by a badly informed public opinion. These practices are studied in view of defining the principles that should guide polices in the field. In the introduction, the present situation of asylum-seekers is described and followed by a presentation of the French and Canadian efforts towards refugees. In the first part, a short history of asylum and of the contemporary concept of refugee allows to apprehend the elements of a definition of asylum. In the second part, the rules of entry and sojourn of the asylum-seeker in the country of asylum are described and compared. In the third part, the social condition of the asylum-seeker is studied in both countries, as well as the protective rules of the refugee status determination system. In the conclusion, the principles defines are synthetized, developped and gathered under the umbrella of the protection of the human dignity
Etain, Pascal. "La cession de contrôle (perspectives de droit comparé)." Paris 9, 1997. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1997PA090002.
Повний текст джерелаPractise gave birth to corporate transfers of control and case law gave them their commercial nature. This commercial nature originates in the object of the contract i. E. Control. Control was found to be an intangible movable. This implies that its substantial qualities should be determined. Among these are the worth of the target, of its shares and accessories. Control is thus seen as a complex entity. The juridicial nature of control has many consequences both on the making and the effects of the contract. Legal actions, for instance, can be based on mistake or misrepresentation whereas these options are not available for a mere sale of shares. As control is a possession, it implies that its price should be determined or determinable at the time of transfer. This creates a major problem with stock exchange regulations according to which control can only be transferred through a covenant appended to the contract which governing the sale of shares. The sale of this entity also allows for an efficient use of sale warranties thus greatly restricting the importance of contractual warranties. This could eventually result in the writing of less complex conventions. Lastly, the ultimate consequence of its commercial nature is that the effects of the contract are no longer restricted to the contracting parties as many third parties are greatly concerned by this sale. The minority stockholders and the initial target can be greatly affected by this sale since the transfer of control can mean the winding up of the society and their being squeezed ouf of it
Salas, Alfonso de. "Communication commerciale et télévision : droit européen et comparé." Paris 2, 1997. http://www.theses.fr/1997PA020018.
Повний текст джерелаSalgado-Fernandez, Liliana. "Le juge pénal chilien : étude de droit comparé." Toulouse 1, 1986. http://www.theses.fr/1986TOU10033.
Повний текст джерелаJustice holds an eminent position in a modern society in which the state has the responsibility for law and order. This study enables us to compare the judiciary institutions of two countries, France and Chile, which are not only different by their development degrees and cultures but also by their own traditions. This research is firstly devoted to analyzing the structure of the judiciary power, a fundamental basis of the state institutional organization. After a brief report of the fundamental principles of the administration of justice, we analyze the different jurisdictions set in both the laws: the common law jurisdiction and the jurisdiction of an exceptional court. A great deal is said about their compositions and their procedures but also about their competences. Then we deal with the persons who carry out the working of justice and with the way of administering the repressive justice. The study of juridical articles of the magistrate enables us to bring the state role and its consequences forward. The last part of this study is devoted to the machinery of repressive justice. This study of the three essential stages in penal case: the prosecution, the preliminary investigation and the trial, enables us to point out the failures and the inadequacy of the Chilean penal law which has not adopted the principle of the repressive justice separation. Thus a single judge must dispense justice
Rosabal, Jane. "L'entreprise individuelle à responsabilité limitée en droit comparé." Paris 2, 1988. http://www.theses.fr/1988PA02T072.
Повний текст джерелаThe thesis is a comparative study of the way in which legislation in different countries (in europe and central america) incorporates the one man limited company
Le, Monnier de Gouville Anne. "La responsabilité contractuelle : droit comparé français et anglais." Montpellier 1, 1997. http://www.theses.fr/1997MON10027.
Повний текст джерелаSaleh, Fawaz. "L'exception d'inéxecution en droit comparé français et syrien." Toulouse 1, 2000. http://www.theses.fr/2000TOU10033.
Повний текст джерелаSeye, Mamadou. "Expertise judiciaire en informatique : Perspective de droit comparé." Paris 9, 2008. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2008PA090032.
Повний текст джерелаEven if the concepts expert and expertises are usually employed in many fields in particular within the legal framework but especially in dataprocessing, it does not remain about it less than they are polysemousand deserve consequently explanations. The comparison of the expertise legal between the legislations examined with respectively knowing, those of France, of England, of Germany, of Belgium and Spain, present of the analogies, but also of the substantial differences as well with regard to designation and the implementation of the expertise as unfolding of the mission and finally consequences of the expertise. The comparative study becomes increasingly interesting in right that in fact, progressively with the developments, i. E. A unicity of the problem induces necessarily a unicity of solution and this, in all the legal systems. From this point of view, substantial analysis, although less pregnante in the First Part, did not pass under the forks caudines of the formal analysis, which specify it, is impossible to circumvent throughout our study. It is not a question to show a systematic opposition between the right and the object, but to put forward an interdependence, even of aninteraction between the formal analysis and the substantial analysis even if, at some places, one sees stinging a shift between them in particular on the level of the principle of contradiction
Chaaban, Yousra. "Dépendance et équilibre contractuel -étude de droit comparé." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3036.
Повний текст джерелаThe objective of this thesis is to establish a principle of contractual justice, especially in Egyptian law, thus benefiting from French and English experiences in this regard. In terms of precision, we deal with situations of dependence where contracts are formed, from the outset, unbalanced. The idea for this thesis was implemented due to the French reform of contract law in 2016. The latter has been devoted to article 1143 of the Civil Code a new vice of consent: the vice of abuse of dependence related to the duress. In this perspective, we had the idea of comparing this new vice with the fourth vice; in the Egyptian law known as the vice of exploitation, which mainly deals with abuses of the moral weakness of the parties. In order to present an unprecedented comparative experience, we decided to integrate the English law in our field of research. The originality of this subject also appears in the fact of simultaneously treating dependence and contractual equilibrium. However, the subject of this thesis encounters several difficulties which concerns not only dependence, but also contractual justice. First of all, concerning the dependence: its concept has so far been unclear. The dependence is surrounded by several other notions which only hide it instead of clarifying it such as the state of necessity, the vulnerability, the state of need, the state of weakness, the constraint, the subordination, the ignorance, and the inexperience. In addition, dependence, mainly in French law, was known at the outset to special law, that is to say in criminal, consumer or competition law. It had no precise concept in contract law. We note in the end that dependence is a subjective state of moral weakness, but which must also widen to encompass adhesion or standard contracts and contracts including unfair terms. This perspective would provide real protection for weaker parties.As far as contractual balance is concerned, in addition to its conceptual imprecision, it encounters a more serious difficulty. This is contrary to the traditional and usual logic of autonomy of will known in the three legal systems. That is to say that the contract is correctly formed from the moment the parties grant their consents, even if the contract itself is unequal or unbalanced from the formation.However, the contract is properly formed unless proven otherwise. This gives a vision of the legal philosophy adopted: this is a corrective philosophy and not a preventive one. The legal sanction for unbalanced contracts is a posteriori and not a priori sanction. That is to say, the law establishes contractual balance through contractual imbalance.In our view, the contractual context in general must be strengthened by a legal principle competing with that of autonomy of will. This principle is the contractual justice. The latter would counterbalance the contractual relations usually governed by the principle of the autonomy of the will. It would make it possible to control the justice of contracts a priori.This solution might seem to some "utopian". It is, on the contrary, a very practical solution because balance in contractual relations is a supreme end which will help to decrease the cases of unbalanced contracts or the cases of contracts vitiated by the abuse of dependence
Vincent-Legoux, Marie-Caroline. "L' ordre public : étude de droit comparé interne." Dijon, 1996. http://www.theses.fr/1996DIJOD010.
Повний текст джерелаIn administrative law as well as in private law, public order justifies, and even imposes, restrictions to fundamental freedoms in judicial and social relationships. In particular, it establishes administrative measures, penal sanctions and “imperative” legal rules which limit freedom of contract. But it also protects freedoms by securing their effective use in spite of the practical restraints which might interfere with their application, by limiting the powers and authorities entitled to prevent their exercise and by laying the foundations of procedural guarantees. It encourages a moderate form of liberalism by means of orders, prohibitions and commands. As it reveals the social organization's prevailing values which must be respected in all the groups that include an indefinite number of people, it is both “stable” and “in movement” : it protects social peace and tends to establish a social harmony inspired by the pursuit of different forms of balance. It organizes the state's judicial system in the name of society's rule of law, thus endowing it with coherence and specificity. It appears to be the “norm par excellence”. Human dignity, as it comes under public morality, is placed at the heart of the notion of public order, which remains a whole in spite of its numerous facets
Devinat, Mathieu. "La règle prétorienne en droit français et canadien : étude de droit comparé." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ65366.pdf.
Повний текст джерелаKarimzadeh, Meibody Anahita. "Les enfants soldats : aspects de droit international humanitaire et de droit comparé." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA003/document.
Повний текст джерелаThe uncontrolled spread of the phenomenon of child soldiers culminated in such a point during the 1990s that the international community was forced to strengthen the protection of children by introducing additional safeguards for children affected by armed conflict. Some of the main explanations for the rise of the phenomenon of child soldiers have been: areas of political instability, conflicts and almost universal impunity in cases of serious human rights violations. The objective of putting an end to the illegal involvement of children in armed conflict required close cooperation between all states concerned. Yet, legal complications did not take long to appear. Moreover, the diversity of legal systems and the variety of doctrinal approaches to the definition of the term "child" made a consensual approach difficult. The international criminalization of recruiting children, defined as a war crime, was just the beginning. The issue of justice in countries emerging from conflict is still relevant today and the adoption of other forms of justice is essential in the process of reconciliation and reintegration of former child soldiers. The criminal accountability of child soldiers is examined in its dual aspect of victim/executioner, addressing some emblematic cases
Elhammoumi, Abdeljalil. "La protection des actionnaires minoritaires en droit marocain : étude de droit comparé." Nice, 2001. http://www.theses.fr/2001NICE0034.
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