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Статті в журналах з теми "Droit de consentir":
Pare, Mona. "Of Minors and the Mentally Ill: Re-positioning Perspectives on Consent to Health Care." Windsor Yearbook of Access to Justice 29 (February 1, 2011): 107. http://dx.doi.org/10.22329/wyaj.v29i0.4482.
Kouri, Robert P. "L’arrêt Eve et le droit québécois." L’affaire Eve et la stérilisation des déficients mentaux 18, no. 3 (April 17, 2019): 643–55. http://dx.doi.org/10.7202/1058697ar.
Paricard, Sophie. "Le défaut de consentement à l’examen gynécologique constitue-t-il un viol ?" Journal du Droit de la Santé et de l’Assurance - Maladie (JDSAM) N° 37, no. 2 (January 19, 2024): 18–27. http://dx.doi.org/10.3917/jdsam.232.0018.
Morin, Christine. "La capacité de tester : tenants et aboutissants." Revue générale de droit 41, no. 1 (September 26, 2014): 143–78. http://dx.doi.org/10.7202/1026945ar.
Bernheim, Emmanuelle. "Le refus de soins psychiatriques est-il possible au Québec ? Discussion à la lumière du cas de l’autorisation de soins." McGill Law Journal 57, no. 3 (May 4, 2012): 553–94. http://dx.doi.org/10.7202/1009067ar.
Vialla, François. "Le droit de consentir au traitement ne peut être confondu avec le droit de choisir le traitement." La Presse Médicale 47, no. 4 (April 2018): 368–71. http://dx.doi.org/10.1016/j.lpm.2018.02.007.
Lessard, Michaël. "« Why Couldn’t You Just Keep Your Knees Together? » L’obligation déontologique des juges face aux victimes de violences sexuelles." McGill Law Journal 63, no. 1 (December 13, 2018): 155–87. http://dx.doi.org/10.7202/1054354ar.
Blondeau, Danielle, and Éric Gagnon. "De l'aptitude à consentir à un traitement ou à le refuser : une analyse critique." Les Cahiers de droit 35, no. 4 (April 12, 2005): 651–73. http://dx.doi.org/10.7202/043301ar.
Morin, Paul. "Caroline Gendreau, 1996, Le droit du patient psychiatrique de consentir à un traitement : élaboration d’une norme internationale, Les Éditions Thémis, Université de Montréal." Santé mentale au Québec 22, no. 2 (1997): 312. http://dx.doi.org/10.7202/032431ar.
Walker, Sue Sheridan. "Feudal Constraint and Free Consent in the Making of Marriages in Medieval England: Widows in the King’s Gift." Historical Papers 14, no. 1 (April 26, 2006): 97–110. http://dx.doi.org/10.7202/030837ar.
Дисертації з теми "Droit de consentir":
Alves-Conde, Maxime. "L'aptitude à consentir du salarié." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100114.
The thesis invites to be interested in the aptitude to consent of the employee. In so far as it constitutes the subject's ability to take part in the government's legal position through the agreement, it participates in the expression of a choice of the one recognized as weak party to the asymmetrical relationship which links him to the employer. In such a context, the issue of consent appears central. The contract, legal act supposedly concluded by equal subjects, requires the agreement of the one placed in a situation of inequality and consisting in the subordination, that it emanates from the legal act to which it consents or that it is already salaried.The ability to consent invites attention to the rules that recognize the employee's ability to decide, with regard to the contracts that labor law contains and that may fit into his legal situation. This aptitude is undoubtedly legal and is not limited to the rules which, classically, can be mobilized to characterize it. Legal ability does not come only from the rights of capacity or personality, but thrives through mechanisms that labor law promotes to allow not only the worker to assert a choice, but to protect him on this occasion. It still shines when the decision itself, that is to say, consent, is considered: without information and without taking into account the decision-making, the aptitude would be clearly diminished.The rules that form the legal capacity to consent must still be reported to others, which condition or direct the choices that the employee may have to make. Thus legal capacity also raises the question of its effectiveness, insofar as it is not only the object of protective rules. So, it is a question of seriously considering the relation of the subject to the job, whether it is for him to choose it or even simply to access it. And not to neglect, finally, the report of the ability to consent to the legal norms themselves. Whether it is the contract or surrounding norms, employers and conventional, the subject knows limits to the fulfillment of his will that sometimes participate in its protection and other times, a limit to the influence he has on his situation
El, Amine Dana. "La responsabilité du fait du refus de se soumettre à un acte médical à l'épreuve du concept de responsabilisation : une contribution à l'étude du droit de consentir à l'acte médical." Electronic Thesis or Diss., Paris 12, 2024. http://www.theses.fr/2024PA120002.
The study of the concept of empowerment in the context of medical consent, for which we propose a new definition, leads to the assertion that empowerment is part of a logic of encouraging virtuous behaviors in light of a recognized standard. In a society centered on individualism, empowerment through the right to consent has primarily emerged as a process of emancipation, aiming for empowerment and safeguarding individual rights such as, notably, the right to health protection and the right to respect for human dignity. However, the right to consent to medical acts is not merely an individual matter: its exercise can have repercussions on third parties and society as a whole. Beyond the terminological similarities between the notions of responsibility and empowerment, this vision of the free and, as a corollary, fundamentally responsible individual, which is the essence of our study, implies a normative conception of law : the objective is to safeguard essential, if not foundational, principles of our legal system, including the principle of not harming others. This approach entails that we invoke responsibility mechanisms, which present themselves as powerful instruments for regulating harmful behaviors. Through the dual nature of the empowerment concept, the question of consent to medical care is to be transformed from an individual choice to an altruistic one. This study aims to demonstrate the means through which the concept of empowerment, embedded in a strategy of encouragement and submission, contributes to establishing a common foundation of principles allowing a rationalized transition from autonomy to responsibility, acting as a safeguard against the excesses of autonomy in medical decision-making. Embedded in a utilitarian approach, the study aims to demonstrate, in certain hypotheses, the possible and necessary existence of liability for refusing to undergo a medical act without ignoring the foundational principles of medical law that impose, at most, regulating the right to consent without denaturing it. In this context, the study is animated by the desire to balance the need to protect individual interests and those of third parties and society that may be harmed by non-virtuous exercise of individual freedom in medical consent. In any case, the question of sanctioning the refusal to undergo a medical act within the framework of responsibility directly challenges the status of the patient entitled to refuse any medical act. The admission of liability, underlying autonomy, is only possible if it does not entail excessive and disproportionate consequences towards the right to consent. Therefore, the thesis proposes to analyze the right to consent in its relation to classical mechanisms of civil and criminal liability, allowing for the rationalization of the exercise of the right to consent when it threatens third parties and society
Lhermite, Astrid. "Éthique des soins aux personnes âgées : la capacité à consentir et traitement involontaire." Thesis, Toulouse 2, 2014. http://www.theses.fr/2014TOU20012/document.
Our research deals with ethical questions in gerontology, especially the capacity to consent and involuntary treatment. Our research is based on the Integration Information Theory of N.H. Anderson (1981). 98 lay people, 21 psychologists, 37 nurses and 14 physicians judged a nursing home resident’s capacity to consent on 50 scenarios combining 3 factors : “type of Decision”, “type of Problem”, “social Support”. 101 lay people, 20 psychologists, 20 nurses and 10 physicians judged the acceptability of involuntary treatment on 48 scenarios combining 4 factors : “type of Disease”, “physician’s Decision”, “Explanations”, and “Cognitive status”. Results don’t show differences between lay people and health professionals in the way they integrate the factors presented. In the first study, the factor “type of Problem” is the most significant, followed by “social Support”. 4 groups of participants distinguish themselves by the way the weigh the factors. In the second study, the factor “Explanations” is the most significant, followed by “physician’s Decision”. 3 groups of participants distinguish themselves. Individual variables like age, gender, educational level or experience have no effect. Assessment of the capacity to consent and acceptability of involuntary are influenced by the factors presented and it appears that there are different positions among the participants
Le, Du Nour. "Le consentement à l'acte médical des personnes vulnérables." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0062.
The system of Consent to medical treatment for vulnerable persons – whether minors or adults without capacity – is a sensitive subject for legislator. The law has to combine protection of the patients’ physical integrity as well as the respect for their autonomy. The current state of law fails to achieve this purpose. Minors patients are deprived of their right to consent on their own, regardless of their age or level of maturity. Adults without capacity are treated in various ways depending on whether their legal protection is taken into account or not by the Public Health Code. An additional challenge is the existence of various medical acts that depend on specific regulations. Here we discuss the current limits of the law and propose a new system for the consent to medical treatment, which would be more respectful of the autonomy of minors patients or adults without capacity. Consent to medical treatment would depend on the ability to consent rather than on each patient’s legal status, such as stated in legislations from Switzerland or Quebec. However, the will to confer a larger autonomy should not put patient’s physical integrity at risk. Therefore, patients’ capacity for decision-making would depend whether the proposed care is required or not by their health state
Sferlazzo-Boubli, Karine. "Le droit et les soins psychiatriques non consentis." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0390.
Mental disease is a public health challenge that questions about the fundamental rights and freedoms of people with it. Mental disease can disrupt the discernment of patients. It sometimes requires the application of specific legislation whose purpose is to protect, through care and confinement, the person himself and others. People with mental disorders are not only sick, but also subjects of the law. They must have the same rights and fundamental freedoms as any other person and, above all, they require the same guarantees when, out of necessity, they are restricted. Their freedom to come and go, their private life and their dignity are particularly exposed. The question is whether, in the light of human rights reflections, their infringement is always justified and whether the guarantees offered for their protection are effective with regard to the people with mental disease. The concepts of consent and dignity need to be revised so that they can extend to this category of patients and can effectively protect them. While progress has been made to guarantee fundamental rights and freedoms, much remains to be done for people suffering of mental disease and deprived of their liberty because of the care they require
Rebibou, Philippe David. "Le cautionnement consenti par une personne mariée." Nice, 1996. http://www.theses.fr/1996NICE0022.
Boucherit, Katy. "La libéralité consentie au vivant." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3011.
Liberality is a transitive act of property for the benefit of another person. And because there is a will of favoring and protecting someone by this act we asked if the presented can include the living. Liberality's subject is a person, liberality's object, is a good of patrimonial's nature, one can't contract about the being. But, biomedical technology needs today human material. Science meets then individual's wills who'd like to obtain human material. Consequently the weakest can be reified. In that case can the mankind become the object of the liberality ? Bioethics sets principles, but scientific progress and mainly biotechnical ones erase them. Then right abandons its work of qualification and systematization and only rules personal impulsions. That's why we have been thinking that a re-reading of the summa divisio could allow us to set the borders, to qualify and to classify again. It seems appropriate to arrive to the protection of all the living rather than attributing rights to some non-human livings in order to make them beneficiaries of a liberality. This entrance in the summa divisio must not lead to confusionism with man and in particular with the human person, but it should recall the connections, so that what's worthy of respect would not be in the having category
Schultz, Philippe. "Les dispositions spécifiques relatives aux garanties consenties par les sociétés au profit de tiers." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30008.
To preserve the interest of the company, the lawmaker subjects the guarantees granted by some company for the benefit of a third party either to an autorization or to a ban. After the author wonders about each provision and its difficulties, he suggests some solutions to restore the balance between the protection of guaranteing company and the legal security of guaranteed creditor. 1) An authorization exists in the business corporations and the agricultural cooperative companies. Because of a fluctuating jurisprudence, the texts providing an authorization set a problem of limit concerning the notion of guarantee which conditions their enforcement. Besides, a thorough study shows that the systems of authorization are very different according to the structure of the company. At last, the penalty against the contracts violating these provisions is debated : it's preferable to substitute a relative nullity for the inopposability imposed by the main law cases. Except some adaptations, the systems of authorization must be kept. 2) The bans are numerous. Some one depends on the guaranteed debtor. It's forbidden to a business corporation, a limited liability company and a agricultural cooperative company to guarantee the debt of their managers and assimilated persons. Because of a not very solid basis and an excessive penalty, these bans should be repealed. The guarantees would be subjected to the general rules of contracts interessing the managers. The other bans are dependent on the characteristics of guaranteed debt. The first one forbids to companies to contract a suretyship for buying their own
Valoteau, Aude. "La théorie des vices du consentement et le droit pénal /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, PUAM, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/520818334.pdf.
Duhamel, Antoine. "Analyse et commentaires de la nouvelle législation sur les avantages consentis aux médecins et de ses répercussions sur la visite médicale." Bordeaux 2, 1994. http://www.theses.fr/1994BOR2P024.
Книги з теми "Droit de consentir":
Gendreau, Caroline. Le droit du patient psychiatrique de consentir à un traitement: Élaboration d'une norme internationale. Montréal, Qué: Éditions Thémis, 1996.
Guenzoui, Youssef. La notion d'accord en droit privé. Paris: L.G.D.J., 2009.
Guenzoui, Youssef. La notion d'accord en droit privé. Paris: L.G.D.J., 2009.
Archard, David. Sexual consent. Oxford, [Eng.]: Westview Press, 1998.
Commission, Manitoba Law Reform. Substitute consent to health care. Winnipeg: Law Reform Commission, 2004.
Petit, Emmanuel. Consentement matrimonial et fiction du droit: Étude sur l'efficacité juridique du consentement après l'introduction de la fiction en droit canonique. Roma: Pontificia università gregoriana, 2010.
Valoteau, Aude. La théorie des vices du consentement et le droit pénal. Aix-en-Provence: Presses universitaires d'Aix-Marseille, 2006.
François, Gwennhaël. Consentement et objectivation: L'apport des principes du droit européen du contrat à l'étude du consentement contractuel. [Aix-en-Provence]: Presses universitaires d'Aix-Marseille, PUAM, 2007.
Rihm, Isabelle. L'erreur dans la déclaration de volonté: Contribution à l'étude du régime de l'erreur en droit français. Aix-en-Provence: Presses universitaires d'Aix-Marseille, 2006.
Musengi, Jean Macaire Matafwadi. Droit canonique et droit coutumier africain en matière de consentement matrimonial: Cas des Mbala et Ngongo de Masi-Manimba (R.D. Congo). Roma: Pontificia Università lateranense, 2000.
Частини книг з теми "Droit de consentir":
Rüfner, Thomas. "Customary Mechanisms of Family Protection." In Comparative Succession Law, 39–77. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.003.0003.
Solimano, Stefano. "L’età dei codici. “Pour établir le droit de propriété et le repos des familles”. Notaio e codice civile: un caso di studio nel Regno d’Italia napoleonico." In Tabellio, Notarius, Notaio: quale funzione? Una vicenda bimillenaria, 113–26. Milano University Press, 2022. http://dx.doi.org/10.54103/milanoup.97.78.
"construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of." In Sourcebook on Intellectual Property Law, 488. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843142928-70.