Дисертації з теми "Droit de l’activité professionnelle"
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Pellissier, Mélody. "Droit du travail et droit des sociétés : étude d'une fragmentation disciplinaire." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0077.
Distinguishing between labor law and corporate law is a habit deeply rooted in legal practitioners. The relationship between the two is often described in terms of opposition. However, the principle of reality calls for more collaboration if one wishes to ensure the protection of individuals and promote the efficiency of institutions. This cooperation has indeed almost become imperative, as these two branches of law have not been spared by two phenomena affecting all systems, especially the legal system: disciplinary fragmentation, caused in particular by the multiplication of levels of specialization, and the development of horizontal relationships between different special rights. Consequently, whether in the development of social norms or corporate law, positive influences are at work and there are permanent points of connection: the presence of employees or their representatives within corporate bodies, the transfer of employment contracts in the event of corporate transactions, the prerogatives of personnel representation bodies during a social decision, etc. The evolution of labor law and corporate law is increasingly reflecting each other. This work explores the diversity of phenomena that can emerge from the interaction between labor law and corporate law and is particularly focused on describing a possible coordination between two areas of law designed to meet sometimes divergent, but most often complementary, objectives
Dir, Mélissa. "Analyse de l'activité professionnelle des tuteurs en formation à distance." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2053.
This research focuses on the work of distance learning tutors and its development opportunities. The analysis of activity combines a clinical approach (Clot, 1999) and a holistic approach (Engeström, 2000) at the crossing of work psychology, ergonomics and third-generation Cultural Historical Activity Theory. It focuses on the activity of six distance learning tutors from a distance learning company. After an exploratory investigation, the data collection is composed of interviews “to a double”, simple self-confrontation and crossed self-confrontation interviews. At the same time, other data enrich the analysis: ethnographic data, prescriptive data, and traces data about distance learning tutors and e-learners. The results show differences between prescribed work and real work. They also reveal several contradictions and obstacles to the development mainly related to the rigidity of the prescriptive framework. Likewise, the major role of tools in developmental processes is highlighted. Then, the results underline the nodal nature of the activity even though organizational conditions seem to respond to an industrial logic. In this regard, the absence of peer-to-peer exchanges, in particular, questions the work development opportunities. This is all the more important given that distance learning tutors activity appears to contribute to the "recreation" of a specific professional genre:"trainer"
Marzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français." Perpignan, 2006. http://www.theses.fr/2006PERP0730.
The 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
Paloux, Louis-Jérôme. "La plongée professionnelle et le droit." Nantes, 1998. http://www.theses.fr/1998NANT4019.
Bui-Leturcq, Marie. "Contribution à l'élaboration d'un droit de l'activité professionnelle : pour une liberté professionnelle effective." Lille 2, 2004. http://www.theses.fr/2004LIL20014.
In compliance with the constitutional principle, any worker should be able to exercise his professional activity, in the conditions defined by the observation of facts and thus according to the status suiting him best, and according to a status in conformity with his dependence. In fact, the distinction dividing workers into wage earners and non-wage-earning persons deprives some of them of such a liberty. This results as much from the very existence of this distinction as from the hegemonic criterion it is based on : legal subordination. That is why the setting-up of a law governing professional activity is proposed, capable of establishing a principle of uniformity coexisting with specific distinctions. Being autonomous, this law would thus reverse the currently existing policy in the field of labour relations by asserting a law common to all regarding professional activity, including specific regulations for those who are economically dependent or independent
Brignon, Béatrice. "Contribution de la clinique de l’activité au développement de l’identité professionnelle de l’étudiant infirmier." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM3054/document.
This thesis focuses on issues experienced by nursing students when learning their trade. These issues are considered from their ability to endorse the responsibility of their acts to their assumption of performance of their practices in light of their professional identity. The aim was to study the contribution of the nursing students’ activity analysis to the development of their professional identity throughout this reflexive activity. The indirect historical method of the clinical approach of activity has induced the development of the student’s reflection both on their way nursing and on their way of being regarding the profession they are learning. The dialogic observatory generated both by four nursing students discussing their care and by four expert trainers analyzing these reflections, has highlighted how the discursive activity between students has contributed to transform their care and their professional identity all together. Moreover, the trainers have discussed capitalizing students’ agreements for further use in teaching and questioned their own practices. Their exchanges, built upon watching significant video extracts of students’ confrontations, led them to a better understanding of how the students may go beyond the set tasks. The nursing students have thus become resources for the learning organization. The proposed analysis model can therefore be useful to nursing trainers as well as tutors
Roussel, Magali. "L’évaluation professionnelle des salariés." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100136.
The evaluation of professional qualities is a recently added process within firms. After years of having simply been a managing practice, the evaluation in workplaces of employees has now been judicially ascertained as lying within the authority of the employer. This acknowledgement was originally employed as an instrument for rationalizing the decisions made by employers. Thus, this conception of an evaluation, enshrines it within the employer’s decision-making process. As a matter of fact, it constitutes an element of exteriorization of this process, and, so to speak, an instrument of justification for decisions made by employers. Because of its intrinsic quality as an instrument, the evaluating process comes within the field of the very exercise of the employer’s power upon his/her employees. Secondly, the fact that the evaluating process has now been given legal grounding has turned it into a potent action towards the employees with all due possible consequences attached to it. Placing the individual at the core of the evaluating process aims at acknowledging the consequences of the action per se on the achievements of employees in the workplace, but also, on the employee as a person. Thus, we are now faced with a legislation pertaining to the evaluation process designed to accommodate the employer’s actions, but also, with other legislation attempting to define the evaluating process as an action in itself
Furt, Jean-Marie. "La règlementation atypique : contribution à l’étude de la norme professionnelle." Corte, 1998. http://www.theses.fr/1998CORT0001.
Lussan, Hélène. "Contribution à une théorie juridique de la formation professionnelle continue." Paris 10, 1985. http://www.theses.fr/1985PA100113.
Carbonari, Caroline. "La responsabilité civile des professionnels du droit." Avignon, 2003. http://www.theses.fr/2003AVIG2002.
The professionnals of law (lawyers, solicitors, notaries, bailiffs) closely bound up with their practice go through an evolution of their responsibility. Their civil liability grows worse. That augmentation is connected with the increasing amount of obligations. People are absolutely bound up to consulting and increasingly the writing of deeds imposes more rigour. The linking up of that responsibility explains a connection with special rules. The artifice of the connection with common law gives room to the special law of consumption. Then the professionnals becomes a person simply adapted to intellectual services. He is confronted to the consumer of law. The consuming of responsibility vulgarizes the professionnal. The emergence of a special civil responsibility is in question (First Part). Then it's clear that that special civil responsibility has repercussions over action and risk. Then the influence of special responsibility is considered (Second Part). Proceedings can be instituted simply on invoking a loss of luck. The professionnal fault becomes the fact generating that special responsibility. Then it's necessary to manage the risk coming out of that professionnal activity. Because of that the professionnal must prove the piece of advice he has given, the right carrying out of his obligations. The risk remains covered by the insurance and the collective guarantee peculiar to those professions of law
Guilloux, Patrick. "Formation professionnelle continue et négociation collective." Rennes 1, 1993. http://www.theses.fr/1993REN11004.
The research work presented to defend the doctorateis composed of three as yet unpublished studies, five articles and a research report written at the request of regional branch of vocational training of 'ile de france'. The subject tackled is negociation on vocational training, its various aspects and different levels of its development : the professional world, the sector, the firm. The thesis provides a global view of the contributions, the functions, the various components of negociation on vocational training ; it also deals with the changes that have affected it, along with the complex relationships between the actors of the negociation and public authorities. The conclusion aims at showing that collective negociation has largely contributed to the structuring and operation of the system of vocational training
Essafsafi, Lahcen. "La responsabilité médicale en droit marocain : histoire d'un concept protectoral à la lumière du droit comparé." Perpignan, 2012. http://www.theses.fr/2012PERP1102.
Elhorre, Abdelilah. "Responsabilité pénale du commissaire aux comptes dans les sociétés commerciales en droit marocain et en droit français." Perpignan, 2012. http://www.theses.fr/2012PERP1103.
Biancucci, Matthieu. "L'institution médicale face à la montée du droit." Bordeaux 2, 2008. http://www.theses.fr/2008BOR21513.
The medical institution has to deal with the growing importance of the legal system, understood as physicians' obligations, expertise of the harm done, malpractice claims and patients' rights. After presenting the evolution of the legal system, we analyse the mechanisms of medical malpractice suits and the way they relate to diverse situations in terms of medical treatment, patients' harm and physicians' s accountbility. Then we present different types of medical malpractice claims and the experience of patients. We have explained as well how the constraint of the legal system has been internalized by physicians and the way they adjust in their daily practice. Two features of medical activity are affected : the interpersonal aspect and the technical one. Lastly, we demonstrate how the medical institution itself is forced to change under the pressure of the legal system
Perrenoud, Broillet Béatrice. "Ethique de la relation d’accompagnement : analyse de l’activité des formateurs en soins infirmiers." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM3004.
PhD thesis is part of the field research on ethics in the educational relationship. She is interested in the commitment of the trainer to guide his activity in a relationship of coaching in the field of continuing professional education in nursing. It is hypothesized that this commitment can only be ethical and oriented in an ethics of the relationship.The research problematic focuses on the relationship of coaching to professionalization in nursing, a professional field crossed by different finalities. Methodologically, the research relies on the analysis of the activity, using visual and auditory traces in the development of the understanding of the ethical commitment to direct action. The investigation of the activity of six trainers in the relationship of coaching is conduct from double analysis, discourse analysis and interpretative analysis on the basis on indicators developed from the theoretical framework.The results shed light on the extreme variability of the trainers' ethical orientation and on the importance of the experience in the deployment of a deliberative reflexivity. This variability has consequences on how to conduct the relationship of coaching, to deal with its dilemmas and with the training mission. An ethics of the relationship implements a coaching allowing professionalization process as power of action by the reliance with the nursing culture.The purpose of this research is part of a didactic dedicated to the teacher training. Using the collective appears as a mean that can be used by a trainer to develop an interpretation of action and of himself, and the ability to deliberate on the legitimacy of his actions
Gérard, Christiane. "L'insertion des jeunes à la vie professionnelle en droit français et en droit allemand." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30017.
The aim of this thesis is to give a detailed description of the integration of young people in the professional world in france and in germany. This integration comes about through vocational training, and through special contracts arising from various employment policies with no vocational training. The aim of this study is two-fold. Firstly the different channels, which enable the young to find employment, are researched and analysed. Secondly a comparison is made between france and germany, concerning these channels and where they lead to. By these means, a decision can be made as to how efficient this integration is, in the face of a job market which is becoming increasingly difficult to enter, especially for young people looking for employment for the first time. This thesis doesn't only study the legal instruments which exist in the two countries, but also includes historical, sociological and economic aspects, with a view to giving a comprehensive overall picture
Vigoureux, Solène. "Evolution de l’activité professionnelle des femmes pendant la grossesse en France : Enquêtes nationales périnatales de 1972 à 2016." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLS185/document.
Background and objectives: The occupational activity rate of women is steadily increasing since the 1970s, and women are more and more often in employment when they are in childbearing age. The main purpose of this work is to describe and understand the links between occupational activity and pregnancy. First, by comparing employment rates according to whether women are pregnant or belong to the female general population. In a second step, by observing how their occupational group and status is linked to the timing of prenatal leave. Finally, the third part analyzes the impact of the social position, defined by the employment status of women and taking into account their couple status and the employment of the partner, on the antenatal care and perinatal outcomes.Methods and population: The data were extracted from the French National Perinatal Surveys of 1972, 1981, 1995, 1998, 2003, 2010 and 2016 and the Census. A comparison of the employment rate of pregnant women and the general population of women in continental France, by age and level of education, was carried out. A modelization of the employment rate of women during pregnancy was realized according to the socio-demographic characteristics, the survey period from 1972 to 2016, and the birth generation. An analysis of women working during pregnancy in 2010 and 2016 was conducted to determine the time of prenatal leave, according to the medical situation and the social position of women, focused on early leave, before 24 weeks of gestation (WG), and late leave, after 36 WG. For the period 1995 to 2016, prenatal care and perinatal outcomes were analyzed according to the employment status of women, taking into account their couple situation and partner’s employment.Results: As in the general population, rate of occupational activity of pregnant women shown a steadily increasing, between 1972 and 2016, from 53% to 74%. In 2016, 32% of women working during pregnancy leave their job before 24 WG, and 2% after 37 WG. Social inequalities exists around maternity leave: women with the most unfavorable social situations stop early, while self-employed women and those with more favorable social and occupational situations leave late, even after stratification for the medical situation. From 1995 to 2016, the differences in antenatal care and perinatal outcomes according to the social position of pregnant women are always observed despite a reduction.Conclusion: The major changes in the relationship to women's occupational activity in recent decades may change the practices of caregivers for pregnant women. A majority of pregnant women had a paid job and the date of prenatal leave should be discussed in relation to the medical situation but also considering the social and occupational status. Special attention should be given to the most disadvantaged women, either unemployed or without a legal job, or having a precarious occupational situation, since these women have a later initiation of care and more unfavorable perinatal outcomes
Garreau, Olivier. "Droit de la santé, droit à la santé." Montpellier 1, 2004. http://www.theses.fr/2004MON10038.
Prieto, Miguel. "L'interdiction d'exercer une activité professionnelle ou sociale." Tours, 2005. http://www.theses.fr/2005TOUR1002.
The prohibition of exercising a professional or social activity has an important position in the French legal environment. Created in successive stages, it constitutes an efficient tool put in the hands of justice and law in order to eliminate or at least reduce misbehavior adopted, or likely to be adopted within an activity. Its success is undeniable. The proof is its remarkable consecration in numerous law subjects. Criminal law, criminal procedure, commercial law or disciplinary law has have embraced such a measure. The prohibition is characterized by a certain diversity as regards to its form and stucture. Constant lines arise nevertheless in this matter. They are marked with a conciliating spirit, both severity and flexibility, as well as necessary control wich the prohibition is subject to in order to be honored by those concerned
Grimaldi, Stéphane. "Le caractère viager de l'usufruit : essai de pratique professionnelle." Paris 2, 2000. http://www.theses.fr/2000PA020099.
Bert, Daniel. "Le droit de l'activité professionnelle indépendante : essai d'une théorie générale." Versailles-St Quentin en Yvelines, 2010. http://www.theses.fr/2010VERS021S.
The performance of commercial acts by non-traders and the application of commercial law to private professionals requires us to look beyond the criterion of “commercial activity”. Commercial law is no longer the body of law that applies only to commercial activities: it is becoming the body of ordinary law that governs all economic activities. The increased use of the concept of ‘professional’ reflects this development. Being a ‘professional’ does not depend on the performance of “professional acts” or the possession of a “professional” qualification, but rather on the performance of an “activity”. An independent professional activity can be defined as the regular performance of an organised activity on behalf of a third-party, in a self-employed capacity, in order to earn an income. Although still in its infancy, the law of professional self-employment has two distinct objectives. Its ‘internal dimension’ is to promote optimal economic development, whereas its ‘external dimension’ is to protect the market by imposing standards of conduct on self-employed professionals. The law of professional self-employment is multidisciplinary, transcending distinctions between private and public activities or civil and commercial acts. The ultimate recognition of this body of law would be the drafting of a Self-Employment Code as the successor to the current Code of Commerce
Aurouet-Himeur, Aurélie. "L'égalité professionnelle homme-femme : étude de droit français et algérien." Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1001/document.
Our century established the principle of professional equality between women and men. A comparative study in France and Algeria, two distinct legal systems, allows us to underline both theoretical and practical aspects. Can the distinction between East and West impact on the achievement of professional equality between the sexes? Another study reveals a clear convergence. Legal equality between the sexes is recognized in french and Algerian law (Part 1). The pervasiveness and complexity of the concept will be shown. Ensues international and national recognition of the principle, which was to ignore the cultural considerations. However the findings of unegalitarian situations remain. Although the principle is extended, the relative significance of the principle asserts (Part 2). The search for a social balance between men and women progresses in order to ensure effective the principle
Brunner, Elodie. "Contribution à l'étude juridique du droit de la mobilité professionnelle." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020081.
The professional mobility law, although it has many definitions, still requires construction work. Between the obligations of the employer and the rights of the employee, professional mobility requires reconciling the thorny paradigm between flexibility in the company and safety of the professional career. This complexity reveals an original ambiguity: professional mobility is essentially inspired by practice, so that today there are as many mobility schemes as there are situations involving mobility. Professional mobility clause, reclassification of the employee, personnel provision, secure voluntary mobility, performing agreement, negotiated breaks of contract, assignment of contract, the study of legal devices shows that mobility is mainly envisaged in the short term, at the initiative of the employer and built on a pattern of constraint not taking into account the individual freedom of the employee. The lack of efficiency of the legal framework and the resulting abuses in practice make positive law incompatible with the objective of developing positive mobility, which is the cornerstone professional mobility law. The many interventions of the legislator in support of the forms of constrained mobilities contribute to the failure of this ambition. While the right to mobility is, formally, a fundamental guarantee of the status of civil servants and public officials, such equivalence does not exist in private law. The major challenge therefore lies in the ability of the legislator to rethink positive mobility
Nam, Hyo-Soon. "Les obligations du vendeur : l'obligation de délivrance et l'obligation de garantie : étude comparée du droit français et du droit coréen." Nancy 2, 1991. http://www.theses.fr/1991NAN20004.
Our study concerns the similarities and the differences of the obligation of delivery and the warranty in the French law and in the Korean law. - The object of the obligation of delivery is similar in the two laws: to transmit the possession of the article on sale. But, the difference of the mechanism to transfer the property of movables explains those of the juridical effect and the forms of delivery. In the French law, the fault by the seller is not necessary for the responsibility of the nonfulfillment of the obligation of delivery, while in the Korean law, the seller is exempt from his responsibility if he can proves the absence of his fault. In the French law, in principle, the court orders that the sale contract should be cancelled, whereas, in the Korean law, the sale contract can be cancelled by the unilateral decision of the buyer. - In the Korean law, the warranty has the same juridical effect whether il results from the nonconformity of goods or from the defective property. In the French law, the responsibility of the seller is graver if the warranty results from the defective property
Mercier, Bernard. "Dimensions du processus d’apprentissage professionnel des directeurs d’école débutants au travers d’une analyse de l’activité dans une situation d’animation de réunion d’équipe." Thèse, Université de Sherbrooke, 2016. http://hdl.handle.net/11143/9586.
Boutet, Aurélie. "Les évolutions du cadre juridique de la formation professionnelle." Nantes, 2014. http://www.theses.fr/2014NANT4010.
Since the enforcement of the law of 16 July 1971, which is considered as the vocational training's basis, its legal framework has known several changes. Categories of the beneficiaries as well as the skills of organizations and institutions responsible for developing and implementing the legal provisions have expanded. Today, vocational training is used as a tool of employment regulations and therefore holds a major place in all different social relationships. In labor law, employers' training obligation grows. Additionally, some workers (employees or independent workers) have a training obligation due to their professional activity. Two questions arise. Firstly, which effect did vocational training's expansion have on the legal status of this normative body? Do training rules build a vocational training's right which would be interdisciplinary and identical for all workers? Secondly, what are the new functionalities recognized to vocational training ? Generally, training offers seem to be in relation to risk prevention. On one hand, it is necessary to protect the health and safety of workers and public, and on a second hand to maintain the professional capacity. Then, it's conceivable that within the right of vocational training, there is a right to training attached to the person responsible for preventing these risks
Terrier, Emmanuel. "Déontologie médicale et droit, contribution à la reconnaissance juridique d'une discipline professionnelle." Montpellier 1, 2002. http://www.theses.fr/2002MON10024.
Al-Kandari, Fayez. "Le contrat médical en droit français et koweitien : étude comparative." Strasbourg 3, 1996. http://www.theses.fr/1996STR30018.
No one can object that there exist a "medical contract", this contract could be formed between a patient and a liberal practitioner. But when should this contract exist? What are its legal consequences?. Throughout a comparative study, my thesis tends to answer these questions according to the civil law in france and kuwait. It is composed of two major parts, in the first part, i have studied the formation of the medical contract. The conditions of the contract validity that are related to both parties have been the subject of study in the first titre. Both the patient and the practitioner should issue a liberal and clear consent(chapter I), they should have a legal capacity (chapter II). The second titre has been dedicated to study the conditions of the validity of the contract itself. The contract should have both licit object (chapter I) and cause (chapter II). In the second part of my thesis, i have studied the contents of the medical contract. The first titre discussed the obligations of the practitioner; along with the principal obligation to provide the medical treatment to the patient (chapter1), certain obligations, considered as accessories, are imposed on the practitioner (chapter II). The patients obligations have been the subject of study in the second titre; the patient is obliged to collaborate with the practitioner (chapter I) and to pay the full fees (chapter II). Prior to the study of the medical contracts formation and contents, i have tried to draw the attention on a part called the preliminary part related to the existence of the contract. Theis part studied the recognition of the contract in the french and kuwaiti law (chapter I), its legal characteristics and nature (chapter II), and the importance of its existence (chapter II)
Darracq, Stéphan. "La responsabilité civile professionnelle : étude du rapport professionnel-non-professionnel." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40027.
Étiennot, Agnès. "L'alteration de la sante, d'origine non professionnelle, en droit du travail." Lyon 3, 1996. http://www.theses.fr/1996LYO33003.
The deterioration in health is not only a medical issue but also a stake in society. It threatens any human being and does not stop in front of firm's doors, the deterioration in health thus affects labor-management relations. The matter of the deterioration-in-health effect on the work contract proves to be a compound subject. This stems not only from the multiplicity of the sources on the subject but also from the fact that it stands in the heart of a clash of interests. On the one hand, the employer wants to ensure the profitability of his business, on the other hand the employee does not want to be put at a disadvntage on account of his health. Our studies led us to notice an emergent idea, that of neutralization. In the stages of hiring and contract fulfillment, it appeared to us possible to put forward that labor laws, to some extent, succeed in offsetting the effects of the deterioration in health. That means that owing to differe nt legal principles and rules, labor laws succeed in lessening or even in removing some of the consequences that could stem from the deterioration in health. At the time of hiring, the lawmaker aims to see to it that sick persons should not be disadvantaged in job access. During the work contract, the firm is invested with a social role on the matter. It falls to it, subject to specific limits, to uphold the contractual link with its employee and to pay him wages. This neutralization effect is also present when the employee is no longer in a position to carry out his work. Judges and lawmakers aim at erasing the position of inferiority, coercing the firm into adapting work-carrying out conditions to the new medical capacity of its employee. We however have to acknowledge that this is only a trend and that neutralizati on is not complete on some points. In the stage of the breach of contract, neutralization means something else. It means that the employer loses a part of his freedom of action. Although the labor legislation takes into account the firm's interests and allows, or even induces the employer to break the work contract, this termination right is subject to some conditions. The employer is entitled to exercise his termination right provided that it does not strike a blow at the person respect. On the other hand, when the employer puts forward other grounds, he is entitled to lay off his employee but he has to treat the sick employee like any healthy one
Mosquera, Claudia. "La responsabilité du fait de la prestation des services de santé : analyse comparative du droit colombien et du droit français." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=93d4a8be-e8d1-47a8-937a-0650b2ba9d33.
The medical act increasingly complex and technical, has a vocation to heal. However it may also harm without any fault of its author or of the service that supported the patient. So when the patient or his successors suffer from material or moral damage by virtue of medical procedure, the law through mechanisms of repair and compensation judicial or extra - judicial attempts to provide solutions. The avant-garde French law in matters of medical and hospitable liability, and in matter of medical damage repair has been questioning since years already on the recognition and support of such damages. Thanks to this long reflection process, the Law of 4 March 2002 on patients' rights and on the quality of the health system has seen the day in France. Colombian Law, while it possesses the legal principles close to the French system, has just begun to examine these issues. It still does not possess its own legal system dedicated to medical damage compensation. Moreover, the judicial recognition of some damage is still very low. This thesis allows to compare the solutions adopted by the French law and Colombian law to provide reflection points for Colombian lawyers
Oliveira, Vieira Estela Aparecida. "De la construction identitaire du tuteur comme co-construction : analyse de l’activité professionnelle à partir de la plateforme en ligne." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM3037/document.
The thesis is based essentially on the work activity of the tutor to better understand the co-construction of professional identity. This activity, which is not recognized as a profession, but as a function that uses highly sophisticated skills. Standards of this function are provided by the institution, but as it is not a recognized profession, it is not regulated. There is a prescribed work, based on predetermined competencies. But when tutors and tutees face reality, with a route to do in real activity, how this process is developed? What is the influence of the actual work activity in the co-construction of tutor's professional identity? This study was developed in order to better understand professional identity. The methodology was structured into 3 steps: documentary analysis about work prescribed by the Àgora program - all the tutors of the course of specialization in primary health care in the family; analysis of the content of the forum of 13 and 5 tutors; the interview of explanation conducted with 5 tutors. At the end of this study, it was found that the identity of the tutor is linked to various elements, values, culture, education, experience. And that there isn't a way of acting, but many manners to interact that will change according to the choices and tools that the tutor has. So, the tutor must master a set of skills that will support his choices depending on the moment and interfaces into play
No Brasil os primeiros registros de educação a distância remontam o início do século XX. De lá para cá foram muitos os projetos e leis que tramitaram no Senado com o intuito de melhor estruturar essa atividade de ensino. No entanto, um dos pontos importantes nesse processo ainda é clarear o papel do tutor. Isto não é uma tarefa muito simples, dada a complexidade do seu papel, as mudanças no cenário histórico cultural e os avanços das tecnologias da informação e comunicação. O impacto dessas mudanças na educação pode ser percebido de muitas maneiras, do número de informações acessíveis e abertas a todos até a exclusão social, de regiões e indivíduos desfavorecidos, provocada por longas distâncias geográficas e sociais. Com esse olhar, em 2006, o governo Brasileiro fortaleceu a proposta de acesso a uma formação superior e desenvolvimento social a partir da educação a distância, sancionando leis e fomentando o acesso de toda a população brasileira. Com esse processo a figura do tutor toma corpo no cenário nacional. Sem ser reconhecida, a tutoria é normalmente relegada a uma atividade secundária. Como o tutor poderá visar uma melhor estruturação de suas tarefas prescritas para responder a necessidade do tutorado? Quais são os limites dessa relação pedagógica? O trabalho prescrito é baseado em competencias pré-estabelecidas. Mas quando tutores e tutorados são confrontados com a realidade, com um percurso a ser feito, em uma atividade real como este processo se desenvolve? Qual a influência da atividade real de trabalho na co-construção da identidade profissioanal do tutor? Este estudo foi elaborado com o intuito de melhor compreender a identidade profissional a partir das interfaces : tutorado, conteúdo, contexto sócio histórico, politico, econômico, institucional, seus pares e ele mesmo. Nós partimos da hipótese de que o tutor desenvolve suas competências didático-pedagógicas e educativas a partir de sua experiência no exercício da tutoria na plataforma. Para isso ele conta, em certos casos, com uma transferência de competências vindas de outras experiências profissionais e de ensino. Mas na experiência online, ele deve desenvolver outras competências de ensino baseadas em marcadores linguísticos que constituem indicadores que lhe permitem estruturar e adaptar a mediação à aprendizagem do tutorado. E este processo contribui para co-construir a sua identidade profissional. A metodologia foi estruturada em 4 etapas: análise documental; análise do trabalho prescrito pelo programa Àgora à todos tutores do curso de especialização em atenção básica em saúde da família; análise do conteúdo do fórum de 13 tutores, a partir do qual foram estruturadas as perguntas para a etapa seguinte; e entrevista de explicitação realizada com cinco tutores. Todas essas etapas foram acompanhadas de revisão sistemática da literatura, com o intuito de compreender a atividade do tutor e compreender os elementos que constituem sua identidade profissional. No final deste estudo foi possível constatar que a identidade do tutor é ligada a vários elementos, valores, cultura, formação, experiência. Mas que não há uma maneira de atuação, mas sim várias maneiras de interagir que variam conforme as escolhas e ferramentas que o tutor possui. Também a maneira pela qual o tutor realiza sua mediação é baseada na forma como o tutorado interage e se posiciona na plataforma. Assim o tutor deve 222 dominar um conjunto de competências que o apoiarão em suas escolhas dependendo do momento e das interfaces em jogo
Vandentorren, Stéphanie. "Imputabilité de l'origine professionnelle des cancers." Bordeaux 2, 2005. http://www.theses.fr/2005BOR21231.
Despite their importance, occupational cancers are little notified in France. Whatever the method ussed to explore an occupational cause, the approach is that of an imputation. The aim of this work is to discuss the limits of available methods of recognition of occupational cancers, and to consider the research needed to improve a new method based on Bayes theorem. These existing systems are processes that do not allow statistical quantification and that lack reproductibility. Decision-making algorithms could guide the user towards a standardized decision and could be adapted to the build-up of new tables. The imputation process would be better represented by statistical methods based on the use of Bayes theorem. We adapted this method to occupational cancers and tested its application to lung cancer and mesothelioma. Imputation was then formulated using Bayes theorem, relating epidemiological information regarding causes and the patient's exposure history which relevance was defined using a formal consensus between experts. Data needed to apply a Bayesian method was defined in terms of relative risks, proportion of people exposed in populations, and frequency of positive relevant characteristics in individuals without cancer. Experts defined relevant characteristics as being : qualification of occupational exposure, intensity of exposure, latency, disease characteristics, and presence of causal agent in the body. This method was applied in two illustrations but still needs external validation. The main limit of its application is the lack of data, which underscores the need for available and reliable data sources on occupational exposures. A possible obstacle to the use of probabilistic models might be the difficulty for law courts in accepting uncertainty. If this method is accepted, it could be applied other cancers and occupational or environmental diseases
Yagou, Abdellatif. "Le notariat en droit marocain : tradition et modernité." Perpignan, 2006. http://www.theses.fr/2006PERP0657.
Pouille, Annick. "L'égalité professionnelle : heurs et malheurs des lois qui aiment les femmes." Paris 13, 1994. http://www.theses.fr/1994PA131022.
The thesis intends to study the equality between men and women at work. It starts with a review of the women's situation from the very begining until nowadays. The first part deals with the question of equality of rights in europe, then in france. The first chapter is about aquality of wages, the second one is about the working conditions and social security. The second part is more about facts: the first chapter shows the differen disparities still remaining. The second one is about the new positive actions taken for the equality of chances in the e. E. C. And in france
Edon-Lamballe, Carole. "Conscience et responsabilité civile." Le Mans, 1999. http://cyberdoc.univ-lemans.fr/theses/1999/1999LEMA2001.pdf.
Scholastique, Estelle. "Le devoir de diligence des membres du conseil d'administration et du board of directors en droit français et en droit anglais." Paris 1, 1993. http://www.theses.fr/1993PA010294.
Before 1986, to compare french and english directors' duty of care was impossible. Traditionally, indeed, english courts refused to go into the merits of commercial decisions, when the french law provided for the directors' liability in case of error in management. Yet, english law has been amended in 1986 and, then, it can to day be compared with the french law, in the fied of directors' liability. This profitable study is not suffisant. At its end, indeed, it can be seen that if the law aims at punishing some conducts, it says nowhere what is the directors' role. So, we have try to define this role, and to list the means to do it well. Lastly, this study caused us to consider some structural changes in the board, changes broadly prompted by english and american practices, but to which we think that french companies cannot escape
Leroy, Michel. "Contribution à l'étude des obligations du professionnel : le devoir de répondre des risques créés et de maîtrise professionnelle /." Toulouse : "Gazette du Midi, 1999. http://catalogue.bnf.fr/ark:/12148/cb37176906z.
Frizzi, Géraldine. "La responsabilité civile des professionnels du loisir." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32051.
People working in the tourist industry are liable in civil law for corporal damages during leasure activities. They are contractually and legaly responsable. The system of responsability for each source seems incoherent. Indeed, jurisprudence distinguishes means obligation from result obligation, in a way that seems incoherent at first sight. Law applies to these professionals different systems of responsability, with different ends. In spite of this diversity and complexity, many similar rules directed towards the indemnification of the victims are applied to these professionals. The unity of the system is not totally completed but it leads to the emergence of an autonomous system, de lege ferenda
Martin, Lydia. "De l’activité virtuelle à l’activité réelle : ressources et empêchements à la créativité de cadres formés au management d’équipe avec un serious gaming." Thesis, Paris, CNAM, 2015. http://www.theses.fr/2015CNAM1009/document.
This thesis speaks about the creativity and conformity in serious gaming and the link with real work situations of executives. To explore this link, we conducted a training program using an army helicopter flight simulator that had been redesigned to train executives in teamwork. The study was conducted over two years in 16 game sessions with 44 volunteer participants from the same company. The research analyzed the gap between prescribed and real work. In English, contrary to French, there are two words for games: "play" and "game". Winnicott (1971) is inclined more towards spontaneously developed games (play), rather than on games organized and defined according to precise rules (game). He considers "play" to be a transitional space. This transitional space is a third area, a paradoxical space, because it is situated between the interior and exterior of the player. It is a space of development where creativity is dominant. Understanding what takes place in this intermediate space is essential to explore the relationship between serious gaming and real work: a space in which group dynamics can enhance or inhibit individual creativity. From observation and analyses of game sessions and associated interviews, we identified several instances of creativity during the game and afterwards at work, including: reorganization of the work, exchanging roles, negotiating the length of games, and virtual empowerment leading to real-world decision-making. Then, we analyzed what prevented the executives from entering this intermediate area and from "play" with the equipment: the "pursuit of excellence", the temporal pressure, the corporate culture, equipment limitations, self-consciousness, and competitiveness. Furthermore, most participants were concerned that their competence as managers was being evaluated and they self-evaluated their skills. Afterwards, we analyzed the contention that lack of deliberation before executing the game prescriptions. Our research demonstrates that suspension of reflection allows freeing itself from possible value conflicts and guilt when the prescriptions lead to performing "dirty work" (that is, to commit morally or ethically questionable acts). At a minimum, we observe that executives see themselves acting in situ and become aware of the impact of their transmitters' role in communication with the team. Executives use this experience to revitalize their thinking about professional practice, which thus becomes a tool to gain a different view of their managers’ role
Reille-Baudrin, Emmanuelle. "Reconversion professionnelle, l’espace d’une transition : d’une clinique de l’expérience à l’expérimentation clinique de l’activité transitionnelle : la méthode des instructions au sosie." Thesis, Paris, CNAM, 2011. http://www.theses.fr/2011CNAM0781/document.
This research on vocational transitions within the framework of reconversions is based on the following empirical observation: the analysis of occupational activity realized with the method of the instruction to the double provokes in this special transition moment, strong emotional demonstrations, and reveals intense and contradictory feelings. This fact leads us to support the following thesis: the use of this method of clinical analysis of work in this specific frame, where the analysed activity refers to a job that will be quit, produces, organises and supports a strong conflict of feelings. When this conflict reaches its climax it turns out to be resolutory and can allow the subject to open paths of development. This research aims to focus this cathartic point linked to the method, in order to analyse the transitional activity that unfolds here, and its function in the development process during occupational retraining
Redenius-Hoevermann, Julia. "La responsabilité des dirigeants dans les sociétés anonymes en droit français et droit allemand." Paris 2, 2008. http://www.theses.fr/2008PA020016.
Barrière-Brousse, Isabelle. "Ordre public ou liberté contractuelle dans la vente : l'incidence de la qualité professionnelle des parties." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32007.
Today the business of the contractors determines the set of rules applicable in the sale of goods. On one side, the professional essence of the seller implies the application of social and economics laws. Not only the professional seller is bound by strict rules by virtue of the jurisprudence, and the set of legal texts protecting the consumers, but also his specific professional skills increase to his detriment the sphere of the law, whether his qualification compels him to other duties relating to the information of consumers, whether his manufacturer's activity binds him to a strict liability, when a defective product causes damages. On the other side, and on the contrary, the professional essence of the purchaser definites the sphere of classic and liberal law. One has to admit that this essence considered subjectively as a presumption of proficiency only makes a slight difference in the application of the legal rules in implying for the purchaser some knowledge and duties. But considered objectively as a presumption of economic egality, the professional essence of the purchaser outlines a contractual law of liberal spirit for the professionals, antinomic to the consumers law. Nevertheless, are excepted from this regime the question relating to the safety of the products. Then, there has to be a relative contractual justice within the field of economics rela-tions governed by liberal principles
Liévaux, Chloé. "Réflexions autour de la pénalisation de l’activité médicale." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3075.
It may seem surprising at first sight to consider a study about the penalization of medical activity. Actually, medical activity is not naturally in a position to be the object of a penal crackdown insofar as it aims at restoring people’s health and in that, is fundamentally focused on protecting human beings. It shares this moral base with criminal law which, in addition to public order, is initially dedicated to this very protection. Consequently, it is not that easy to comprehend the penalization of a field which is not subjected to such a crackdown by nature. Paradoxically, it appears that medical activity constitutes a criminal offence, any medical treatment or act being an infringement to a body. Moreover, biomedical and biotechnological activities can sometimes undermine human beings, even though no medical treatment is necessary. Therefore, the need of a study about the penalization of medical activity emerged because of this strong ambivalence. This research intends to assess and measure the existing interactions between criminal law and medical activity in order to have a critical look at this process. Penalization was marked by a movement going from criminal law to medical activity. The unsatisfactory result of this analysis shows a perverted penalization in contact with this activity. Because of the difficulties in apprehending the medical treatment in legal case, the multiplicity of technical penal norms, the lack of moral choice in criminal policy, criminal law seems particularly unsuited or not really able to seize the medical activity. This study intends to look at the penalization of medical activity in a new light through the stakes it represents. Criminal law could change by going the opposite way round, from the particularities of medical activity to criminal law. By taking more into account the technical and ethical distinctive features of medical activity, penal law can gain more respect in its effective and expressive functions, thus taking advantage of the object brought into contact. The scope of these thoughts will be to set up different ways of thinking, as well as some suggestions will be made, relying on the particularity of the medical activity. Some modifications will be proposed, based on various technics notably risky to be taken into consideration by the criminal law. Likewise, medical ethic, by the importance it let to the consent, will make think about the place given to it by criminal law
Charpentier, Pierre-Yves. "L'autonomie professionnelle des époux communs en biens : étude comparative, historique et critique." Paris 2, 1997. http://www.theses.fr/1997PA020003.
Lecefel, Pierre. "Le vécu subjectif des apprentis en situation professionnelle comme ressource en apprentissage." Thesis, Antilles, 2019. http://www.theses.fr/2019ANTI0426/document.
In this thesis, the hypothesis that a system of professional practice analysis based on the explanation interview has an impact on the self-efficacy of apprenticeship training centre (ATC) trainers and their apprentices is put forward. Here, the idea is that mastery modelling, defined by Bandura (1986) as the process of acquiring behaviour through the observation of a model, is done through the verbalization by an apprentice of moments lived in a company. On this occasion, his peers, who attend the interview, can transfer skills from work situations through "exposure to real or symbolic models that demonstrate useful skills and strategies[that] increase subjects' belief in their own abilities" (Bandura, 1982; Schunk, 1987, cited by Bandura, 2007, p. 144). This approach is part of a desire to enhance the after-the-fact analysis of the activity (Pastré, 2011) in the training of apprentices in order to develop their intelligence at work.Here, the scientific challenge is therefore to document the impact of a training modality, which uses the action implemented and then explained afterwards, on the development of the actors of an ATC. During a school year, an experimental group, composed of 32 apprentices, follows a training modality with professionalization workshops (Faingold, 2014), while another control group, composed of 37 apprentices, is subjected to a usual training modality, i.e. without professionalization workshops. The self-efficacy scores of both groups are measured in pre-test and post-test using the Lecefel, Ramassamy and Troadec (submitted) Apprenticeship Self-Efficacy Scale, and then an Analysis of Variance (ANOVA) is performed to compare the variance of the mean scores of these groups after the intervention. This quasi-experimental design shows statistically significant results regarding the proposed training modality. Thus, self-efficacy of both groups varies between pre-test and post-test. Indeed, the experimental group's rate of progress is increasing while the control group's rate is decreasing. The mixed ANOVA applied to the variance of the mean scores confirms a significant interaction effect, F(1.67)= 7.99; p =.006 and an average effect size of the professionalization workshops (Faingold, 2014) on the self-efficacy of apprentices d =.53 (Cohen, 1988)
Mora, Frédéric. "La formation professionnelle continue : de l'instabilité de la norme au service d'un objectif permanent." Montpellier 1, 1993. http://www.theses.fr/1993MON10024.
Martini, Philippe. "La responsabilité du chirurgien." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32006.
Surgeon is, between all doctors, the one who gets the highest rate of responsibility. His action is so typical, especially because of the need of specialisation and the need of team works, that judges are keen on increasing his responsibility. However, surgeon's responsibility is based on common rules of responsibility and that means that victims often fail in their quest of indemnity. Then, the system should be changed into one which would separate responsibility and indemnification. First of all, victims should be indemnified. An automatic system of indemnification based on a double private insurance should be set. It would work just by noticing victims' damage and implication of the surgeon's action in this injury. Then after, surgeon's responsibility should be considered. This responsibility should have a repressive nature and be restricted to the most important faults by increasing the weight of disciplinary responsibility, which would be demonstrated before civil or penal responsibility
Rodière, Pierre. "La Convention collective de travail en droit international : contribution à l'étude des normes juridiques de source professionnelle /." Paris : Litec, 1987. http://catalogue.bnf.fr/ark:/12148/cb349763397.
Étiennot, Pascale. "La formation professionnelle dans le contrat de travail." Nancy 2, 1994. http://www.theses.fr/1994NAN20016.
In french law, professional training has important connections with the work contract, but these links have been established progressively. In the text founding our system of training, relations between training and contract left little room for the work contract itself. When existing, they were set up under the form of advantage for the employer and the salaried employee. Over the years, training was to establish itself in the contract and has seen its role modified. With the economical crisis, and its usual characteristics : loss of jobs, increase in unemployement, training has become more and more a necessity. But in becoming essential, it has become diversified. Since the beginning of the 90's, individual rights to the benefit of salaried employees have been added to the existing measures, but juridical analysis has brought one of the aspects into light, which had stayed ignored until recently : training as an obligation. As a matter of fact, cases in which the employer and the salaried employee are bound by obligations are frequent. In becoming part of the work contract, training does not have a neutral role. It is of prime importance in the development of the work contract and has a double influence. On the one hand, training affects the contract in its content, for it changes a great deal the established balance between the parties, as well as the object of the work contract. On the other hand, training plays an important part in giving a new impulse to the work contract. It allows the vitality of the work contract to be confirmed