Дисертації з теми "Droit comparative"
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Salah, Dina. "La concurrence déloyale : étude comparative du droit français et droit égyptien." Montpellier 1, 2003. http://www.theses.fr/2003MON10020.
Повний текст джерелаNicolas-Vullierme, Laurence. "La notion de restriction de concurrence en droit des ententes : approche comparative : droit allemand, droit français et droit communautaire." Paris 2, 2000. http://www.theses.fr/2000PA020033.
Повний текст джерелаQin, Yueren. "Le droit de la famille : étude comparative des droits chinois et français." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020025/document.
Повний текст джерелаThe concept of “Family” as an integral unit of the society has evolved over the years due to several reasons. This changing and complex face of “family” has had many implications on the laws both in China and in France. Hence, we conduct a comparative study to analyze the system of family laws in both these countries. The various questions we address in order to deepen our understanding of family laws can be broadly classified into: the couple and the filiation. As for the couple, we address many questions related not only to the formation of the various modalities of the union but also about their dissolution. We find that the diverse articles on each union brought a system which is more complete in France than in China. With respect to filiation, we distinguish in particular between the filiation bound by blood and that bound by adoption. The ignorance of the mode of establishment of the filiation results in a big gap in the Chinese law. Besides, the basic question of how to adopt a child, the conditions to be respected and the procedures to be finished, the effects stemming from the adoption are also the questions we explore, compare and attempt to solve in this thesis. Besides the several principal points on the family law, we also try to compare and understand the different views/perspectives of these two countries by looking into some other related issues such as the maternity for others, the fictive marriages, etc., as well as how the two countries deal with such matters. Finally, we try to explain why the legal system differs in France and in China and discuss the directions for future research
Hussin, Abdalhamed. "La parenté en droit pénal, étude comparative des droits français et libyen." Thesis, La Rochelle, 2014. http://www.theses.fr/2014LAROD001.
Повний текст джерелаAs a social concept, parenthood can influence the provisions of criminal law as some special criminal texts, either French or Libyan, include numerous offences, whether trespass to goods (theft, for instance) or violent crimes ( sexual offences, parricide, infanticide…). Such texts sometimes protect the family institution as such, which is the case for the desertion of the marital home. They are connected with the parental authority, family solidarity, family intimacy, love or even dignity… The criminal codes, both French and Libyan, devote a chapter to the family-related offences. However, the field of our study cannot be limited to the offences mentioned in this chapter only. Our study will deal with all the offences that can be linked to parenthood, as well as all the criminal provisions concerning these offences. Parenthood appears at the same time as a factor of greater severity and indulgence. It can represent a constituent element of the purely family-related offences or of the criminal juvenile liability. The Criminal code then reinforces the repression by increasing the penalty if it concerns lethal assaults or grievous bodily harm and sexual assaults provided the offence is committed by a close relative of the victim. In this respect the French legislator, by the law N2006-399 of April 4th, 2006, the law N 2010-769 of July 9th, 2010 and that N 2013-711of August 5th, 2013, reinforced the repression of family-related violence. On the contrary, the parental link may represent an obstacle to repression, may constitute a justifying element, a mitigating condition of the penalty or an interference with the functioning of criminal justice, especially concerning the challenging of magistrates or of witnesses
Ngo, Quoc Chien. "Le contrat de franchise : étude comparative (droit français et droit vietnamien)." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1004/document.
Повний текст джерелаFranchising is based on the exploitation by a franchisee of a clientele associated with the franchisor’s trademark. The common interest of both parties in operating a class of customers justifies their mutual obligations: the franchisee mobilizes financial and human resources while the franchisor brings intangible assets. The implementation of a common work also justifies collaboration and mutual trust among the parties during the carrying out of the agreement.Beside their common interest, each of the franchisor and the franchisees has proper interests. Therefore, it is not astonishing to find that every party tries to obtain the best advantage at the lowest cost.The comparative approach of the relationship between the franchisor and franchised in light of their respective interests, under French Law and Vietnamese Law, is enriching. It enables to go thoroughly into the legal aspects of franchising under two legal systems which, in spite of their difference, have many common points
Allouch, Abdenbi. "L'argument comparatiste : essai sur les mutations du droit du travail." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2053.
Повний текст джерелаThe comparative discourse influences the debate on the imperative of economic efficiency in labour law ; where the comparative science requires time, attention to the legal and extra-legal can influence a legal system, a method and modesty (towards the conclusions reached), the comparative rhetoric does not obey the constraints of comparative law. The intimidation comparatism, leading figure of the dominant discourse in comparative labour law, stands in scattering instrument of "good" practices and "models" of legal institutions deemed economically efficient. It is a propaganda tool; it can hide the positions of various actors under the guise of scientific and axiological neutrality. The mobilization of the comparative argument influences and challenges the legal categories and the representations underlying labour law
Dagui, N'gabo. "La Parenté en droit privé étude comparative de droit français et de droits post-coloniaux de l'Afrique noire." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594666m.
Повний текст джерелаDagui, N'Gabo. "La parenté en droit privé : étude comparative de droit français et de droits post-coloniaux de l'Afrique noire." Poitiers, 1985. http://www.theses.fr/1985POIT3104.
Повний текст джерелаSangare, Yacouba. "Les Sanctions en Droit du travail : Etude comparative du droit français et du droit malien." Phd thesis, Université de Cergy Pontoise, 2012. http://tel.archives-ouvertes.fr/tel-00796952.
Повний текст джерелаLiu, Jun. "La représentation en droit des sociétés: Étude comparative du droit belge et du droit chinois." Doctoral thesis, Universite Libre de Bruxelles, 2018. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/272955.
Повний текст джерелаDoctorat en Sciences juridiques
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Alkandari, Abdulkarim. "Droit de la gestion collective de l'épargne : approche comparative entre droit Français et droit Koweitien." Strasbourg, 2011. http://www.theses.fr/2011STRA4026.
Повний текст джерелаThe Undertakings for Collective Investment in Transferable Securities Directives represents in France and in Kuwait an important and increasing role in savings. France is located at the forefront of the European and world wide industry of collective management, while Kuwait is considered to be one of the largest financial markets in the Middle East. This thesis discusses the differing approaches of the SICAV and FCP in France and of FILK in Kuwait, citing the roles of different parties such as, the financial management team, the Financial Markets Authority, the custodians and the auditors. It describes their operating rules in regulations applicable to mutual funds for collective management. The "Subprime" financial crisis resulted, in essence, in a legal movement that participate in the development of the field of UCITS. It allows us to uncover, through this research, the essential changes introduced by this new legislation
Muller, Michaël. "La normativité et le contentieux des règles générales du droit international en droit interne : une étude comparative en droit allemand, autrichien et français." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010330/document.
Повний текст джерелаIn 1918, the states of continental Europe, beginning with the German speaking countries, started to incorporate in their new national Constitutions the Anglo-American maxim "[international law is] part of the law of the land'. Formulated by William Blackstone in 1769, this principle concerns the field of customary international law. Going, forward on this basis, the general rules of international law were then generally and permanently transformed into national law, notwithstanding any act enacted by state bodies (referred to as "transformation ipso jure"). International law transformation ipso jure into national law does not originally appear to result from a legal obligation imposed upon the state, rather this process is the product of a deliberate policy intended to show that any given state subjects itself to international law, including when it concerns domestic affairs. It merely provides a means for implementing positive international law, alongside other possible techniques available to the different national legal systems, from which this thesis articulates a typology. Therefore, the different national constitutional norms undergoing the transformation ipso jure, are not superfluous. On the one hand, the transformation ipso jure consists of a general authorization for the benefit of state organs and eventually of private individuals to be able to apply international law. On the other hand, by attributing to international law a certain internal derogatory force (in German refered to as derogatische Kraft), this process opens up the possibility for international legal norms to prevail upon internal rules with which they enter into collision
Cadinot, Clément. "Les Préambules des constitutions : approche comparative." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0340.
Повний текст джерелаConstitutional Preambles are worldwide spread from the late 18st Century constitutionalism. And today, more than two to three constitutions are opened with such a Preamble. Yet, regarding to their particuliar nature, law studies dealing with them are quite rare, if not deny them. However, the certain onstituents'interest to them and their use by constitutional judges just disprove it. A broad and methodic study dealing with the wide range of Preambles shall be established in ordre to understand their functions and their judicial uses - though a jurisdiction can not use them. To that end, a broad - macro-comparativ - and then a micro-comparativ study must be done, since a systematic study on Preambles has not been done
Ahmed, Ossama. "L'irresponsabilité pénale en droit musulman : étude comparative." Rouen, 2015. http://www.theses.fr/2015ROUED008.
Повний текст джерелаThe present study entitled “The Criminal Irresponsibility in Islamic Law - comparative study” includes : an introduction, two parts and a general conclusion. In the introduction, we discussed briefly the basis of the responsibility in the Muslim culture and, particularly, the problem of the predestination and the free will. We also made extensive explanation of the extent of the religious responsibility, the general principles of responsibility in the Qur'an and the specific vocabulary used by fuqaha ’Muslims about this. The First part of the thesis is devoted to objective Causes of criminal responsibility. It contains three chapters: the first chapter is about the exercise of rights and accomplishment of duties ; the second one is about the self-defense while the consent of the victim held the third chapter. The Second part of the thesis concerns the subjective Causes of criminal responsibility. So we developed everything that disturbs the free will of man as constraint and necessity, or his judgment as drunkenness, minority and madness. In all our analyzes, we based on a strictly linguistic or lexical database to clearly reveal the relationship, sometimes insensitive, between the different branches of worship and cultural heritage of Muslims. We finished our thesis by some more general conclusions than those we made at the end of each chapter. Problematic : the hypothesis that we have proposed to check through significant legal examples, it was the religious influence on Muslim criminal thinking. Thus, it can reveal how it approaches, or moves away, of modern penal thought. Methodology: we have applied the "comparative analytical methodology". The comparison was made on two levels: inside: among Sunni legal schools, and outside: with the Egyptian criminal law that was frequently mentioned as a representative of modem legal thought
Demme, Géraldine. "Le droit des restrictions verticales : analyse comparative." Paris 2, 2008. http://www.theses.fr/2008PA020051.
Повний текст джерелаAbou, assi Sabbagh Nathalie. "La réparation en droit pénal - Etude comparative." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3047.
Повний текст джерелаThe concept of reparation is becoming more common in criminal law. In fact, reparation is evolving, independently of the civil aspect of the notion, at the heart of alternative measures, commonly known as a “third way”, and in the essence of some sentences. This brings us to questioning the place of the notion of reparation in criminal law: is reparation an alternative to criminal justice or a component of criminal justice? The comparative study of French law, English law and Lebanese law will shed the light on some interesting aspects of the question. It will open the possibility to analyze the different approaches in terms of reparation and to enrich the study of the reparation’s position in criminal law. In a first part, the study of the reparation’s expressions in criminal law will reveal the concept of reparation as a new response to offences. In a second part, the idea of considering reparation as a component of criminal justice will reveal the notion’s special characteristics that make reparation an autonomous concept that needs to be defined. Nowadays, reparation in criminal law redefines the outlines of criminal justice
Mirkamali, Seyed-Alireza. "L'infraction politique : une étude comparative entre le droit pénal français et le droit pénal iranien." Toulouse 1, 2010. http://www.theses.fr/2010TOU10022.
Повний текст джерелаThe political qualification allocated to a fact is variable, and makes difficult even impossible a clear definition of the fact which it qualifies. Even certain authors claim that there is no political offense. This particular variety of crime complies with opposed justifications according to the nature of the country. The Iranian legislator like his French counterpart having preferred the silence. The absence of legal criteria has conducted the doctrines towards an attempt to distinguish between political offenses and those of common law. These efforts have removed, partially, precariousness of the nature of political crimes. In both legal systems, the particular nature of the political crime entails the application of sentences specific to this type of offense. In addition to this criterion, there exist particularisms as for the substantive rules and the procedural rules. For example, extradition cannot be agreed on political matter. It seems to us that, the political offense, despite the vagueness that surrounds it, must attribute a separate place in the subjects of criminal law, it must be distinguished from the common law offense because it is about a type of independent offense who deserves an adequate sanctioning
Erdem, Mehmet. "La clause pénale : étude comparative de droit suisse et de droit turc /." Ankara : [s.n.], 2006. http://aleph.unisg.ch/hsgscan/hm00151081.pdf.
Повний текст джерелаLakhdhar, Amani. "L'adoption internationale : étude comparative entre le droit français et le droit tunisien." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D083.
Повний текст джерелаSince the second half of the 20th century, international adoption has become increasingly important. A Multifaceted institution, from a multidisciplinary perspective, its essential features are two decisive factors: diversity and juridical status. It is also a highly complex issue since it goes to the very core of the family, in a context characterized by the search for a balance between the various state laws. The review of the interlinked notions of the best interest of the child and of identity, as well as the study of the key components of intergovernmental cooperation enshrined in the Hague Convention of 29 May 1993, will enable us to analyze the cornerstones of international adoption beyond the aforementioned specifics. This analysis conducted through comparison between French and Tunisian law, laws that seem to be in opposition, gives an opportunity to produce an overview of the organization of international adoption from the preliminary phase under the auspices of administrative authorities, until when the international adoption is decided. In addition to the choice of the competent judge, all issues concerning the administrative stage, as well as those resulting from the designation of the applicable legislation, require a comprehensive study of Tunisian and French legislation, in particular a thorough examination of solutions which are usually sought before the courts in both countries
Kattan, Imad. "Vie privée et informatique : étude comparative de droit français et droit anglais." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30018.
Повний текст джерелаIn France, a right of privacy was introduced into the french civil code by the law of 17 july 1970 (a new article 9), which declared that "everyone has the right to trespect for his priv ate life". In England, there is no legal right to privacy as such in the law of England. The protection of privacy is ensured by several cases like (trespass, nuisance, breach of confidence. . . ). The situation of the protection of privacy with regard the computer is different. There is, in France and England, law of data protection with regard to the automatic processing of personal data
Dahan, Ariane. "L'obligation de sécurité des produits en droit civil comparé : étude comparative du droit français et du droit anglais." Paris 2, 2006. http://www.theses.fr/2006PA020009.
Повний текст джерелаUwoh, Joseph. "Le juge et le droit de la concurrence : étude comparative : droit français, droit de l'Union européenne et droit américain." Thesis, La Rochelle, 2013. http://www.theses.fr/2013LAROD032.
Повний текст джерелаThe judge is a vital actor in the implementation of competition laws. Therefore, recognition should be given to the importance of its role. Recognizing the importance of the judge’s role in the implementation of antitrust laws means enhancing the role the judge is required to play to the effective implementation of competition laws. To enhance the role of the judge in the implementation of competition laws, the legislator and the judge must be proactive in taking legislative and judicial actions. Having acquired the mastery of economic reasoning in its approach to the competitive field, there is no objective reason that continues to relegate the role of the judge in second place compared to the competition authorities. Both institutions are competition authorities and one must not be qualified as "regulatory authority" at the expense of the other. To achieve this, attributing judicial caracteristics to the Competition Authorities by legislative and jurisprudential intervention is desirable by assigning them powers usually ascribed to the judge. For example, voiding of anticompetitive contracts, and awarding damages. The structure and functioning of the Competition Authorities are similar to those of a court. Moreover, some authors call them unacknowledged jurisdictions. There are no legal impediments and other examples as it is in the case "Commission Nationale de l'Informatique et des Libertés" (CNIL) which has been described as "tribunal" by the french Conseil d'Etat within the meaning of Article 6-1 of the ECHR, given its nature, its composition and its powers shows that it is possible to take the step, not only to restore the Judge of all the place it deserves in the implementation of antitrust laws, but also for the effective implementation of the given laws
Roda, Jean-Christophe. "La clémence en droit de la concurrence : étude comparative des droits américain et européens." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32054.
Повний текст джерелаIn competition law, the most noteworthy public enforcement innovations concerning cartels in the last past years have involved the detection of and sanctions for misconduct. Many jurisdictions have increased the likelihood of detection by establishing leniency programs. The bargained-for-exchange in a leniency program goes roughly as follows: the informer supplies information about cartel wrongdoing in return for the prosecutor's promise to reduce the punishment that participation in such misconduct ordinarily would warrant. Some new difficulties appeared. First, all around the world, private enforcement interacts significantly with the Competition Authority's leniency programs. Second, as a result of globalization, efficacy of the domestic leniency programs can be significantly impaired by other leniency programs. Better coordination is required. These challenges must be takin up by the Authorities so that the leniency programs can be always efficient in the war against cartels
Jiang, Lin. "Insolvabilité internationale : étude comparative du droit chinois, du droit français et des instruments internationaux." Paris 2, 2010. http://www.theses.fr/2010PA020100.
Повний текст джерелаWongsawatgul, Eakaboon. "Le détournement de pouvoir : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2002. http://www.theses.fr/2002TOU10034.
Повний текст джерелаAccording to the ingenious and bold work, the French Council of State has succeeded for a long time in distinguishing the abuse of power - that is to say the pursed aims illegality sanction - from the authority excess itself. However, further to the abuse of power specific nature, which is quite hard to discern, some French authors have been confirming the decline of the ground of complaints for exceeding authority. If the notion of decline implies the idea of an apogee, abuse of power in Thailand has not reached a capital part in the administration control yet. Restricted by the 1979 law concerning its creation as the French Council of State before 1872, the Council of "Kridsdika" has only an ineffective power. The judicial courts have avoided as often as possible the confrontation with the Executive authority. Therefore, they have been leaded to a self restriction of their role in the administration control. In this context, an independent administrative jurisdiction has nowadays been created. But this creation is recent. That is why the comparative study about abuse of power will probably help us to develop from now abuse of power control in Thailand
Nkou, Sylvie. "Le mariage en droit gabonais : étude comparative entre droit écrit et règles coutumières." Toulouse 1, 2007. http://www.theses.fr/2007TOU10022.
Повний текст джерелаAlmutairi, Thmer. "La propriété indivise : étude comparative entre le droit français et le droit koweitien." Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0012.
Повний текст джерелаSince 2006, joint ownership has undergone significant adjustments. The reforms of the joint ownership regime have naturally given rise to lively doctrinal debates. Some authors maintain that they have contributed to personifying joint ownership in that they have abandoned the rule of unanimity for certain acts, which would bring joint ownership closer to the company. For other authors, these reforms simply aim to facilitate the management of joint property, and have no particular theoretical impact. In any case, it seems that there is a legislative trend, even indirect, towards a personification of joint ownership. The rapprochement would have taken place in two phases: first, the 1976 law established conventional joint ownership, and secondly, the 2006 law completed the movement with new legislative contributions. According to Professor ZENATI-CASTAING, there would thus be a natural tendency of the law to personify all forms of co-ownership, which would make it possible to make them individual properties more in line with the French conception of property law. Indeed, the personification of joint ownership can resolve the problem posed by the principle of exclusivity of the right of ownership between joint owners, since a legal entity would become the exclusive owner. Comparative law. The Napoleonic conquests carried out in Egypt had an impact on Kuwaiti law. Indeed, Egyptian law, which was inspired by the French Civil Code of 1806, strongly influenced Kuwaiti law in the creation of its legal rules. Despite the influence of the Napoleonic Code on Kuwaiti law, manifestations of the personification of joint ownership, including the majority rule that appeared in France in 2006, already existed in Kuwaiti law when civil law was introduced into the state legal system in 1980. But this inclination of Kuwaiti legislation towards a personification of joint ownership has ended. While joint ownership has been the subject of numerous reforms in France that have given it a modern regime, Kuwaiti law relating to joint ownership has, on the contrary, remained stable since the 1980s. The objective of this thesis is therefore to analyze the position of the French legislator and its Kuwaiti counterpart on the issue of the personification of joint ownership. In short, is personification the future of joint ownership ?
Shiyab, Tayil. "Le ministère public en matière pénale : étude comparative entre le droit français et le droit jordanien." Poitiers, 2006. http://www.theses.fr/2006POIT3010.
Повний текст джерелаThe public prosecutor's office is the legal expression by which one refers to the whole staff of magistrates who are in charge of defending the interests of Nation before a court. In French, it is also called "Parquet". The Parquet has a major role in criminal proceedings and its presence is mandatory before all the courts, common courts as well as special courts. The study of this legal institution in criminal matter leads to put in light two fundamental aspects: the first one is organizational and the second one is more functional. What is, at the present time, the structure of the public prosecutor's office? What kinds of functions are attributed to this legal institution? Does the public prosecutor's office is the same in the Jordanian criminal law? Can we, by comparing French law and Jordanian law, find out the weak points of the Jordanian criminal law? These are the problems we will try to answer by analyzing the public prosecutor's office in the French criminal law and in comparison with the Jordanian law
Ho, Xuan Dung. "La responsabilité pénale des personnes morales : étude comparative entre le droit français et le droit vietnamien." Toulouse 1, 2010. http://www.theses.fr/2010TOU10041.
Повний текст джерелаAlthough the criminal liability of legal person is widely introduced in the world, it is in project in Vietnam. So, this thesis, basing on the comparative law research, aims to present to the Vietnamese legislator a model of the criminal liability of legal person, which is adaptable to the national legal system. Because Vietnam is a member country of the Francophone Community, the French legislation is usually an appropriate reference for the legislative reforms in this domain in Vietnam. In this context, the thesis analyzes not only the French legislative experience in application of the criminal liability of legal person, but also the Vietnamese legal reasoning system, which helps to identify the difficulties related to the French model transplantation into Vietnam. The thesis is open for the further research on applicability of the criminal liability of legal persons when this liability will be adopted in Vietnam
Ablard, Thierry. "Le droit d'asile en Allemagne, en France et au Royaume-uni : étude comparative." Paris 1, 1997. http://www.theses.fr/1997PA010299.
Повний текст джерелаThe right of asylum is subject to many restrictions since the beginning of the eighties, period which coincides with the appearance of the economic crisis and the closing of the borders of most western countries, including Germany, France and the United-Kingdom. Nevertheless, these restrictions, which are important, are not unprecedented. A careful historical study of the asylum practice in the three states shows that this "institution" knew in the past many periods of regression. Indeed, the right of asylum has always been held to be a prerogative of states and not a right of the individual. In this connection, the asylum tradition, liberal and generous, claimed by France since a long time, is more a political myth than a juridical and historical reality. Comparison with Germany and the United-Kingdom proves it. However that may be, actual restrictions in the field of asylum exist in the three states and take the same shape : visa requirement imposed to nationals of countries which "produce" the greatest number of asylum-seekers ; financial sanctions imposed to carriers which transport aliens without proper entry documents ; extensive use of the "safe third countries" and "safe countries of origin" criteria ; fast-track procedures used in the "without foundation" cases ; limitation of appeals possibilities and simplification of deportation procedures of rejected asylum-seekers. Finally, it appears that protection mechanism of refugees laid down by the 1951 geneva convention relating to the status of refugees is henceforth maladjusted. A new definition of persecution and refugee is needful ; a definition taking account, among other things, of the persecutions emanating from private groups and not only those from official authorities of the state
N'Drin, Alexandre Yao. "Le droit pénal applicable aux mineurs : étude comparative des droits français, ivoirien et sénégalais." Paris 8, 2012. http://www.theses.fr/2012PA084239.
Повний текст джерелаIn this thesis, we considered the responsability of minors in its relations with the French criminal law, Ivory Coast and Senegal. Retaining only the definitions of criminal policy of authors such as Marc ANCEL, Christine LAZERGES, Pierre ARPAILLANGE, François TULKENS, Mireille DELMAS-MARTY, Eloi Yao KOUAKOU, we concluded that there is also a criminal policy on juvenile delinquency, be it embryonic Ivory Coast and Senegal In general, three patterns of criminal policy and are available in all three countries, they are more or less similar depending on the status of minors in society. The historical development of juvenile criminal law in these three countries, despite their different socio-cultural and geographical highlights similarities, in those legislators Ivory Coast and Senegal are struggling to separate from the French system. We then showed how, through the criminal Codes and criminal procedure Codes, the French legislators Ivory Coast and Senegal have made the choice of criminal policy, and by legal means or methods they treat juvenile delinquency
Mouanga, Diandaha Cyprien Godard. "Les violences conjugales en Droit comparé : approche comparative des droits positifs français et congolais." Paris 8, 2009. http://www.theses.fr/2009PA083269.
Повний текст джерелаHaving studied violence between partners in comparative law, this current research will examine the state of legislation concerning this matter, and the place of violence in today’s society. The dynamics of the power struggles and domination between partners will be studied and also the gap within the legal texts, where they exist, the practice regarding these texts, the advances and the delays in enacting positive law in terms of treatment and prevention of partener beating, without neglecting the inherent aspects concerning the characters of the protagonists and to the consequences of this violence. In order to highlight the differences in approaches between developing countries and developed countries regarding the objectives and to put in place the means to battle against this violence, the research will focus in particular on the Congo and France, organized in a hierarchy. The first part is dedicated to the concept of violence between partners. It comprises two titles each providing an extra perspective regarding this concept: The first title analyses the legal framework which regulates violence between husband and wife; the second studies the causes and consequences of violence through a victimological and criminological approach. The second part deals with the socio-legal reaction regarding partner beating and is further divided into two titles underlining the application of regulation and the contradictions in practice which can hide or create injustices and discriminations in terms of the fight against partner beating. The first one is interested in repression of that violence; the other title studies the strategies of the required prevention for its eradication. Taking into account the various legal thoughts and distinctive social characteristics, the work undertaken manages to put in place a consistent system, which tries to protect the victim whilst giving room for the correction and recovery of the violent partner in order to maintain social order
Faure-Gaussel, Charlotte. "Droit pénal des affaires : étude comparative franco-espagnole." Paris 10, 2003. http://www.theses.fr/2003PA100118.
Повний текст джерелаCorporate criminal law is distinguishable by the specific set of legal tools it utilises, as well as by the specific nature of the crimes it covers. In France and in Spain, these legal tools represent changes or evolutions from the general criminal law. In particular, corporate criminal law demonstrates a weakening of the legal principle and the use of repressive administrative law. Criminal juridiction in the context of business is shared between the courts and the administrative authorities. The evolution of the regulations within criminal law is reflected in part by the development of a specific structure in relation to the elements of the offence which must be proven. This is characterised by an exceptional external conduct element and a reduced requirement in relation to the internal intention element. It is also reflected in the widened scope of repression due to the introduction of rules which assist in the identification of the criminally liable person as well as reducing the defences available to that person
Deshors, Marie. "Publicité et droit des marques." Toulouse 1, 2011. http://www.theses.fr/2011TOU10018.
Повний текст джерелаBrands and advertising are two closely linked sets which are important tools for all companies in business and whose connections justify a detailed analysis. A trademark, which has its own value, is sometimes the main asset of a company. It is thus necessary to bring to it a special attention and it is especially thanks to advertising that the trademark will increase its value, its "brand equity". Indeed, advertising enables a brand to increase exposure and helps create a favorable image which then attracts consumers and enhances brand loyalty in order to make it a strong brand, a source of value for the company. Besides, although the advertising function of the brand has only recently been recognized by the law, it is proved that the brand itself fulfills advertising objectives as a instrument and influence of information, seduction and persuasion. Despite the appearance that this symbiosis is perfect, consideration must still be given about this being so because certain recent practices have shown themselves dangerous with regards to trademark law. It is in particular the case of paid referencing on the Internet and comparative advertising even though these practices would have been likely to turn out beneficial for brands if certain abuses, as well as the flexibility of interpretation of law texts by judges, had not had for consequence outrages to the exclusive right given to the holders of registered trademarks
Talapina, Elvira. "Contribution à la théorie du droit public économique par l'analyse comparative du droit français et du droit russe." Phd thesis, Université de la Réunion, 2011. http://tel.archives-ouvertes.fr/tel-00867003.
Повний текст джерелаBelinguier-Raiz, Sarah. "La réparation des dommages causés par le dirigeant en droit des sociétés : étude comparative droit français-droit italien." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1013.
Повний текст джерелаLigan, Mahoutin. "La déclaration de créances et le nouveau droit des entreprises en difficulté : Approche comparative Droit français/Droit OHADA." Electronic Thesis or Diss., Toulon, 2020. http://www.theses.fr/2020TOUL0136.
Повний текст джерелаThe declaration of claim is a compulsory procedure reserved for all creditors of a debtor who is the subject of collective proceedings. It has a mainly financial purpose and its objective is to ascertain the debtor's liabilities, and therefore to measure his indebtedness on the day of the opening judgment. This is justified by the fact that the new law on companies in difficulty, unlike the old bankruptcy, introduces a submission to the rigorous rules of collective discipline for all the creditors of the failing company. It goes without saying that the declaration of claims is of considerable benefit to the debtor in that it allows the court to assess (after the verification and admission of claims) the possible solutions for rescuing the failing company through the weight of its liabilities. Similarly, it makes it possible to maintain a certain equality between the company's creditors, who will ensure that their rights are recognised in order to safeguard their chance of participating in the collective procedure of their debtor. Its legal basis is specified by Articles L. 622-24 et seq. of the French Commercial Code and 78 et seq. of the Uniform Act Organising Collective Proceedings (AUPC).Thus, from the publication of the opening judgment, all creditors whose claims arose prior to the opening judgment and subsequent creditors excluded from the preferential treatment of Article L. 662-17 of the French Commercial Code, with the exception of employees, shall send a declaration of their claims to the judicial representative within two (2) months. Where the creditor has been relieved of foreclosure in accordance with Article L. 622-26 of the French Commercial Code, the time limits only run from the notification of this decision; they are then reduced by half. The time limit for filing a claim runs from the notification of this warning. Traditionally, a claim declaration was treated as a legal claim. Thus, until the Ordinance of 12 March 2014, a special written mandate was required for the validity of a declaration made by a person other than the debtor. Similarly, the agent then had to be able to provide proof of the mandate received until the day the judge ruled. In the new law on companies in difficulty, the declaration of claim is perceived as a simple conservatory act, insofar as it is, in certain respects, more akin to a formal notice or an administrative formality. We owe this reconsideration of the nature of the declaration of claim to the French order of 12 March 2014.This is to be welcomed insofar as this development contributes to improving the preservation of creditors' rights. Despite the close relationship between French and OHADA legislation, it must be noted that the OHADA legislator has not taken advantage of its recent reform of 10 September 2015 to simplify the procedure for declaring claims as was done in 2014 in France. While such a failure can be justified by the youth of the legislation in force in the OHADA zone, it is appropriate for the OHADA legislator to consider a change in this area. In our opinion, this could encourage the debtor to provide the bodies of the procedure with a complete list of his creditors and thus enable the latter to benefit from the same chances of being paid
Vazquez, Christophe. "Le droit à la liberté de manifestation : étude comparative." Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0066.
Повний текст джерелаThe link between the Freedom of Assembly and the Freedom of Speech, the sociological acceptance of demonstration as a political way to express oneself, the fact it has been put into practice by the citizens for more than two centuries, are as many factors binding this liberty together with the Democracy. This complex connection, occasionally conflicting, has been studied starting from theoretical analysis toward a juridical approach of the freedom of assembly. Since this Freedom has no particular object, it seemed necessary to question ourselves about its functions (and its limits) within the western democracies law system, using an interdisciplinary methodology. The resulting different hypotheses served as a base for a comparative study: French, German and American Law on one side, European Human Rights System on the other side. This comparison led to some predictable points of convergence, and to a few differences. These differences are mainly due to the original stances and methods of the national and European judges. Our reflection was then oriented towards the role of the judges in the achievement of the Freedom of Assembly, from which we have drawn a few lesson of general application about the links between Liberalism and Democracy
Dambrauskaite, Asta. "Les effets de la nullité des actes juridiques : étude comparative du droit français et du droit lituanien." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32008.
Повний текст джерелаThis thesis focuses on the effects of the annulment of legal transactions to the contracting parties and the third parties under the French law and Lithuanian law. Analysis of the effects of the annulment to the contracting parties comprises the concept of restitution and the problems that entail its application, calculation of restitution, impossibility to return the object or impossibility to return it in a shape it has been at the moment of the conclusion of a contract. Analysis of the effects of the annulment to the third parties comprises situations where the object of an annulled legal act has been transferred to the third parties. The aim is to establish the limits to the principle of retroactivity and mechanisms that allow to introduce some security into the transactions and to guarantee the rights of the third parties
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
Dougoune, Moussa. "La reconstitution de l'actif d'un débiteur en difficulté : étude comparative droit français, droit américain." Paris 13, 2011. http://www.theses.fr/2011PA131019.
Повний текст джерелаWhen the financial crises make good progress, pulling correspondingly the economic agents, with fragile financial structures, in the abyss of the insolvency, a comparative study on the reconstruction of an insolvent debtor’s asset could not better fall. Generally speaking, if the principles governing the French and American Bankkruptcy Law undergo the influence of the Roman law, the solutions adopted with regard to the reconstruction of the asset are diverse and lead of often qualified but relatively close approaches. This study tries to demonstrate that the reconstruction is a process engaged in a definite purpose, the recovery of the debtor (see the Frest Start of the private individuals) and\or the payment of its liabilities; therefore it’s impossible to summarize it to a given legal technique. This process remains, then, in consubstantiality with the objectives of the opened case. The relation so established lead to the elements of apprehension of the notion of reconstruction of asset. It is about a process to put back the asset in its initial state by means of diverse legal techniques in an optics of maximization of the value of the debtor’s Estate. This report leads us to determine the conditions in which the effectiveness and the efficiency of the engaged process can be reached. These conditions vary as it is about an international bankruptcy or about a case concerning a debtor exercising its activity on the national territory. The economic efficiency of the French and American legislations is quite relative, towards the admitted ambitions. The reconstruction of the asset, involves, on both sides, the organization of the common law’s rules, governing the creditor-debtor relationship, and the special rules established for the need of a homogeneous treatment of the debtor’s insolvency. The effectiveness of the process, the putting back of the asset to its initial state, is assured in spite of the difficulties of organization of the aforesaid rules. However, the efficiency of the process, its capacity to optimize the value of the Estate to handle the debtor’s insolvency, depends on certain conditions the meeting of which is mostly improbable
Kassar, Lana. "L'égalité dans le divorce : étude comparative entre le droit français et le droit libanais." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA010/document.
Повний текст джерелаEquality and justice are necessary in the family for their safeguard the fundamental of women men, children at the same as individuals and components of a family. Legal literature acknowledge that the divorce, a very old institution that tends to break severely the marriage bond, is closely related to the dominant ideology and political variations of the considered countries.The history of divorce in France was marked by successive stages of development : prohibition and restoration. Once admitted it allows to discover that the legislative fundamental choice revolves upon two ideas: diversifying divorce cases so we can find a solution for the plurality of crisis situation, dramatize divorce by encouraging spouses to agree on its consequences. ln Lebanon divorce is permissible for Muslims. To the extent that the personal statutes system is religiously inspired and based on the Koran. The right to divorce was not subject to development. The question that arises is that of evolution.The comparative study of both French and Lebanese law systems has made us that equality in marriage in France was a concern for the French legislature. To achieve equality in the subject of divorce. However, we will see this equality within the family in Lebanon is far being implemented
Chafi, Mohamed. "Les rapports juridiques entre époux : étude comparative du droit français et du droit marocain." Paris 2, 1989. http://www.theses.fr/1989PA020095.
Повний текст джерелаBrebesh, Omar Mohamed. "Le marche de travaux publics en droit francais et en droit libyen. Etude comparative." Reims, 1996. http://www.theses.fr/1996REIMD005.
Повний текст джерелаThe essential of this research is to study the public works market in french and lybian law. The public work in france and in lybia constitute one of the most important thing of the administrative law. The majority of work carried off for public organisation in this two countries were classified as public work. Indeed, the public work sector strech out, it takes up an important position in the economic and social policy in this two countries. In france, the public work markets are the result of long historical evolution. The attribution of this market take place since the end of middle age. While in lybia, the public work system is very recent. It was almost unknown until the creation of the lybian supreme court in 1953. This research want to bring together the french and lybian experiences and to find the convergent and divergent point in that situation
Akkaraphimarn, Bubpa. "La concession de service public : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2001. http://www.theses.fr/2001TOU10046.
Повний текст джерелаWhen it is a question of managing the public service, the law relating to the concession process is linked to the law of the public service. It is the pursuit of the public interest which justifies the submission of the administration to these regulations of a private law nature. These regulations are made up of, at the same time, the prerogative of the administration, and restrictions more rigourous than those which concern private entreprise and are, in France as in Thailand, dominated by new requirements (transparency and international regulations). These new factors have equally influenced the contentions aspects of the concession process. The principle of separation between administrative and judicial autorities remains complex. The administrative juridiction is gaining territory in two countries. However the commercial considerations play a more important role in Thai͏̈lande than in France and arbitration, illegal in France, is permitted in Thailand
ABD, EL WAHHAB GAMIL. "La legalite de la repression en droit francais et en droit egyptien ( etude comparative )." Rennes 1, 1990. http://www.theses.fr/1990REN11008.
Повний текст джерелаThereare 3 aspects of the legal repression* the legality of fines and senteces, the legality of the penal procedure and the legality of the execution of penal sentences. The legality of fines and sentences, which is dominated by the notion of warning, protects the individual against the retroactive application of penal laws by analogy. But this law is not enogh to protect the individuals freedom form arbitory arrestments, ilegal detention and ab normal actions which threaten him. Because of the presumption of innocence and the juridictional control of the proceedings, the legal procedure can intervene in ordre to protect rights and the guarantee of the individual's freedom in court. The protection of the individual's freedom could remain in vain if the procedure followed does not insure the rights of the defense, the loyal search of proof, the proper execution of punishments etc. The principal of legality must also be applied during the sentence is being carried out, because the government's interventions plays a very important role in the deciding of the subjective rights of the person retained. The judiciary judges intervention is also necessary in ordre to make a decision where there is a conflict between the admisory body and the person retained. The also insures that the punishment is carried out in ordre to adapt the prisoners behaviour
Choubani, Salah Saloua. "La promesse de porte-fort : étude comparative en droit français et en droit tunisien." Nantes, 1998. http://www.theses.fr/1998NANT4013.
Повний текст джерелаSwaitti, Ahmed. "Les violences envers les femmes : approche comparative, droit pénal français- droit pénal en Palestine." La Rochelle, 2010. http://www.theses.fr/2010LAROD020.
Повний текст джерелаIn Palestine, gender-related acts of violence against women is a taboo but is practised in silence, accepted and even socially justified. The answer to this domestic violence requires a criminal remedy in three steps: a moral awareness concerning this form of violence, criminalizing these acts, really resorting to the courts. Palestine still has a long way to go before it reaches this goal. It is essential to set up a concerted action so as to make sure that Palestine meets its international obligations in order to prevent and ban these acts of violence towards women. After making an inventory of this form of violence inflicted on women and analysing the historical, cultural, social and legal context in Palestine, this comparative research between the French and the Palestinian systems will unfold around two lines. In the first part, the main principles of the protection of human rights are highlighted as mentioned in the international conventions and as necessarily applied to women. Most important are the principles of equality and dignity which can help change women’s situation. Criminal law must echo the protection of these fundamental values by endeavouring to include the incrimination of behaviours which are contrary to these principles. If French criminal law widely includes this protection, on the other hand it is still at the rough stage in the criminal law as applied in Palestine because it is strongly influenced by cultural tradition. The tolerance for polygamy and the incrimination of adultery are striking examples of the inequality between men and women and of the discrimination. The second part more precisely deals with the criminal remedies for gender-related acts of violence, through the honour crime and sexual offences. The comparative study also shows huge differences between the French and Palestinian legal systems: tolerance and sometimes justification of these offences in the second one and on the other hand, increased repression in the first one. This thesis would like to offer solutions to reduce gender-related acts of violence against women. To do so, it seems adequate to encourage the creation of a workshop on the state of law in Palestine (legal and practical range), as well as recommend a precise and adequate legislation. Consequently, it is necessary to set up actions to inform and educate the youth, decision-makers, law enforcement bodies, magistrates and religious Imams so as to modify the mentality of the Palestinian society. Thanks to the education of citizens, the criminal principles will approach the requirements of a modern society, as they are inspired by Beccaria’s thought on the demands linked to offences and penalties. Fundamental principles must appear in the Palestinian criminal law: absolute equality between men and women and incrimination of any violation and act of discrimination toward women. However, it is not enough to assert principles; they have to lie upon a solid basis and should merge without leading to incompatible results. We thus hope we have managed to highlight some core principles in the present research, while leaving to the facts the importance they must have
Abu, Irmilah Bassam. "Le détournement de pouvoir en droit administratif jordanien : étude comparative avec le droit français." Caen, 2006. http://www.theses.fr/2006CAEN0081.
Повний текст джерелаFrançois, Guillaume. "La réception de la preuve biologique : étude comparative de droit civil et droit pénal." Paris 1, 2004. http://www.theses.fr/2004PA010334.
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