Дисертації з теми "Droit de la famille francais"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-50 дисертацій для дослідження на тему "Droit de la famille francais".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте дисертації для різних дисциплін та оформлюйте правильно вашу бібліографію.
Lajevardi, Seyed Vahid. "Le mariage et ses évolutions : études comparatives de droit francais et de droit iranien." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30049.
Повний текст джерелаThe sociological evolution in both countries over the past 50 years has been fast. The concept of family has evolved through time and place, based on different periods and different societies along with the development of nuclear family. For a long time marriage has been considered as a way for men and women to build a family. Today in France, marriage is not the only way to build up a relationship between men and women and especially to start a family or sexual relationships. There exist various family life styles. Contemporary societies are characterized by pluralism: marriage-based families, non marriage-based families. According to the law in Iran, the custom of marriage is the only way for men and women to be on a relationship.In fact, what is considered as a great menace to the family in each society is the exaggerated individualism and split families. Extreme individualism can be analyzed as a factor for individuals to evade responsibilities. Consequently people become indifferent to the social concept of family and do not play their role as vectors of the social values anymore, like educating the children, the transmission of the culture and of the social morals of the family.In our thesis we will talk about the social status of marriage in Iran and the standing of religion regarding marriage, we will make a comparison between Iranian and French Law, talk about the Shiite law which, thanks to its flexibility, can be a tool for advancing the reforms of family and marriage rights and for helping solve the current problems of Iranian society based on a religious framework.In Iran reforms are necessary to protect families. The family has been changed throughout social evolutions; therefore for society to function properly, it is absolutely necessary for the law to be in keeping with these evolutions. These changes of society structure started more than 30 years ago but the law has barely evolved. This detailed and thorough study of the two legal systems, their comparative analysis can be a great help towards promoting today necessary but reverent evolution of our values
Imani, Hamidreza. "Etude comparée du droit de successions francais et iranien. Eclairage sur la place du conjoint dans l'ordre successoral." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30031.
Повний текст джерелаIt is a truth common to all that from their birth onward, on entering this world, men have rights and obligations. The existence of the right to live and the human obligations on one side and the power to possess and transmit one’s possessions on the other side prove the need to establish a legal system. On a judicial level, death is the end of someone’s existence, the cause for the separation between someone and his goods.Since death occurs to all of us, what happens to possessions whose owner is unknown? The notion of heritage encompasses all the goods and personal objects which a deceased one leaves behind or all the goods of a deceased one which are to be inherited. In terms of law, heritage is understood as the definitive transfer of the goods of a deceased to his parents or his kids under the specific conditions of his society. The transfer of goods of someone who has just died is ancient and stretches back to the first human civilizations. From the time of the primitive form of the family to its current shape, and among the different kinds of societies, there has been a legal aspect to the transfer of a deceased one to his kids. The notion of heritage is inherent to man’s nature. But one must not forget that habits and customs vary from society to society. Thus the creeds related to heritage define the rules related to private goods.Inheriting is a natural right. Some may believe that it would be better that the goods of a deceased be integrated into the common property and be kept at the disposal of the Treasury.Nevertheless, after more thorough thinking, this point of view appears to be far from being just, since heritage is completely natural and logical, like the transmitting of some of one’s parents’ physical and moral traits is, according to the natural heritage
Haugeard, Philippe. "Du "Roman de Thèbes" à "Renaut de Montauban" : une genèse sociale des représentations familiales /." Paris : Presses universitaires de France, 2002. http://catalogue.bnf.fr/ark:/12148/cb38925785s.
Повний текст джерелаBibliogr. p. 291-299. Index.
Kondyli, Ioanna. "La protection de la famille par la réserve héréditaire : en droits français et grec comparés /." Paris : LGDJ, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/272109282.pdf.
Повний текст джерелаDurand, Jean-Paul. "Les congregations religieuses : droit canonique et droit francais." Paris 11, 1992. http://www.theses.fr/1992PA111005.
Повний текст джерелаIf the french civil system of the congregatioins (1901) has ceased to be a regime of strangulation to become since 1942 a system of great ability though a legal acknowlegment by the state was maintained, the denial at the conseil d'etat of the free declaration of the congregations has remained. The thesis wants to explain why the religious congregations in 1992 are still deprived of the civil associative common right. The very institutionalized character of the congregational collectivities a fortiori those of the catholic cult - remains in 1992 the predominant reason of this deficit as far as associative freedom and religious freedom in france are concerned. The thesis makes a difference betwenn the declared congregation and the declared association of congreganists. The legal acknowledgment, provided for the congregations, has not been yet received by the holy see, as this latter sticks to its doctrine of the innate right and has always been rather interested in the attempts of solving the congreganist problems starting with the hypothesis of the notion of declared congregation. The thesis relates since the origins the latin catholic canonical law of the "consacrated life" and initiates a study of the noncatholic congregations
Maury, Olivia. "Famille et droit pénal." Paris 2, 2006. http://www.theses.fr/2006PA020045.
Повний текст джерелаRamihone, Gérard Roger. "Le droit penal douanier malgache et l'heritage du droit francais." Grenoble 2, 1987. http://www.theses.fr/1987GRE21064.
Повний текст джерелаEl, Nachef Nadim. "L'enrichissement sans cause en droit francais et en droit libanais." Rennes 1, 2001. http://www.theses.fr/2001REN10403.
Повний текст джерелаFeddal, Francis. "La famille en droit fiscal." Paris 5, 1992. http://www.theses.fr/1992PA05D002.
Повний текст джерелаThis thesis deals with the changes affecting the family in the fiscal field. These changes vary according to whether it concerns income tax, solidarity tax on personal fortune or death duties. With regard to the tax on earnings, the family is taken into account as an entity but with this particularity that the legitimate family is treated differently than the natural family. When it deals with the legitimate family, the global earnings of all the household members are taxed and thus benefit from the family quota, but the concubine household is not considered as an entity and thus does not have a right to the family quota. In the field of solidarity tax on fortune, the family is taxed by household but, paradoxicaly, the unmarried couple is treated in the same manner as the legitimate family. This tax only affects a physical person whose fortune exceeds 4. 390. 000 f. For death duties, the tax varies according to the degree of family ties between the deceased and his inheritors or heirs, the surviving partner is treated as a complete stranger
Riendeau, Marie. "La protection de l'enfance en droit international prive compare : droit quebecois et droit francais." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64013.
Повний текст джерелаLe, Pourhiet Anne-Marie. "Les substitutions de competence en droit public francais." Paris 1, 1985. http://www.theses.fr/1985PA010097.
Повний текст джерелаBertol, David. "Famille et responsabilité." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40040.
Повний текст джерелаThe family not being a juridical entity distinct from its members, the family responsability is first of all the responsability of the individual who is in charge of it. Besides, the International Convention relating to the child' s rights describes the extension of the concept of responsability in its article 18, that being the educational responsability. The responsability appears then, not only as an instrument of compensation or of sanction, but also as a counterpart of a dependent, a function. The family assigns to some of its members a real "mission", a family duty. This responsible individual can only be one of the "active" members of the family, one of the parental couple members. As well it is true that if the family is born with the child, it lives by the parents. Therefore, will be considered all hypothesis in which the family is concerned as being responsible or victim of her members. At the stage of the contribution, the family patrimony will support the final payment of the compensation debt, and so will appear as an indirect responsible through the rules of the family contribution. In this way, we passed from a family responsability to a responsability of the family
Gouzy, Caroline. "Le droit de la famille et le droit fiscal." Toulouse 1, 2004. http://www.theses.fr/2004TOU10016.
Повний текст джерелаIn a context of major changes in the structure of the family, we are nowadays attending a bursting of the traditional family. These upheavals involve effects at the legal level ; indeed, law must be in catch with social realities. Thus, it is at the same time the family law which is concerned, but also the tax law since, from birth until death, all the social life of the individual is subject to tax regulation. This is the interesting relation between family and taxation. This relation, and more particularly the subject-matter " family law and tax law" may appear paradoxical. Indeed, it is hard to admit that the private sphere of the family is linked, to some extent, with the public sphere. The present thesis is focused on the relations between family law , family and tax law. Family law and tax law are both based on the legitimate family, and do not always take into account the diversity of the new family patterns. So there is a deep inadequacy between the legal concept of the family and the actual manners, which creates an important mismatch. Relations between family law and tax law are complex, oscillating between dependence and reciprocal influence, the consequences are important: the family is no longer restricted within the sphere of the civil law, tax law has also taken up a great deal of room
BENMAGHNIA, NESSRDINE. "La notion de deconcentration en droit administratif francais." Toulouse 1, 1996. http://www.theses.fr/1996TOU10048.
Повний текст джерелаBeside the far more prestigious notion of decentralisation, to which every virtue is attributed and which is perceived as a flagship reform symbolising the modernisation of public administration, or again as the cureall for every malfunction of representative democracy, through the balance it should achieve between public authority and the protection of individual liberties, devolution cuts a lowly figure in the sense that there is no true doctrine as to the use to be made of it - despite the firm solidarity linking the two concepts, which, though distinct, work together to fulfil the same functions in the public interest. Nevertheless, due to the current highly preoccupying economic and social context (the feeling of insecurity, runaway unemployment, rural depopulation, badly organised town planning, etc. ), the french authorities are turning perhaps more than ever to local administration, in which devolution, though little known as a concept to the public, is playing a more and more essential and autonomous part in the overall process. The law of the 6th february 1992 in effect confirms this, by establishing the principle of devolution as a tool in the reforms undertaken by the government. This law advocates the reorganisation of the central authorities to enable them to fulfil their function in terms of strategic planning, supervision and expert appraisal, and to revitalise devolved authority with the ultimate aim of achieving interministerial administration. The question is whether this can be accomplished. The devolution charter, through its very existence, indicates that the answer must be positive, but the reform itself can only succeed if the political powers on the one hand and the technostructure of the government on the other hand are able to bring about possibly radical change within - their own scope of activity
GUILLORE, DE LA LAND ELISABETH. "L'executeur testamentaire en droit francais, anglais et americain." Clermont-Ferrand 1, 1986. http://www.theses.fr/1986CLF10010.
Повний текст джерелаThe mission of the personal representative is not exactly the same in france, in england and in the united states. In the first country, the executor has limited powers and he has not really the means to respect the will of the deceased, fulfilling the duty that was given to him. In the anglo-saxon countries, and specially in england, the representative possesses in trust all the testator's estate and administrates it, under the control of the high court, obeying the will. He does not have to fight the heirs at law, as it sometimes happens to the french "executeur". In france, heirs receive the property of the whole estate since the day of the death and they represent the deceased. It would be necessary, to give more efficiency, to take some parts of the english and american law and to adopt them in french law
Clouzot, Ludivine. "Recherche sur la substitution en droit administratif francais." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10074.
Повний текст джерелаIn french administrative law, substitution appears as an independent notion which has been debated for a long time. Rising from a pernickety approach, substitution may be identified by two criteria : deficiency and will. This mandatory preamble helps define substitution's content and implies to reject a spread conception of the notion in order to result in a tighten and substantial meaning. Research reveals indisputable duality within the subject's study. Piercing through its disturbing complexity, substitution shows a decisive functional abundance. The visible subject's diversity however leads to point that its abundance is inherently hidden. However, a renewed analysis leads to progressively reveal this unity. Although historical reflexion explains and surpasses distrust in substitution, this step is a sketch, the general analysis is confirmed by a final proof
Novoseltsev, Illya. "Critères d'insolvabilité en droit communautaire, francais et ukrainien." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020046.
Повний текст джерелаThe extreme complexity of the modern law leads that more and more lawyers are looking for a specialization, in-depth knowledge and therefore synonym to skill. But if this approach has an obvious positive aspect, it sometimes receives a disadvantage to leave in a shadow the issues that are in the intersection of several disciplines. In the conflicts and subordination of special legal rights, nowadays the interesting thesis topics can be found. In the insolvency law, the countries have to solve a number of questions, the formal and the substantial aspects. Notwithstanding the diversity of background issues to be solved, the insolvency legislation is a law of a procedural character. The rules of the collective proceedings are vested to play a crucial role in the allocation of the risks between the various actors during the judicial process. However, the key question of the procedure is to define the trigger criteria for the introduction of collective proceedings. The first part of the study demonstrates that the insolvency criteria exist always but their meaning has been changing over the years and has been depending upon the system of law of the country. The second part of this research is devoted to the content of the insolvency criteria in France, Ukraine and in the EU. A second issue of the research is to see how the third criterion (the imminent illiquidity) has been appeared in the French and Ukrainian law and when the reform of insolvency law in Ukraine has stopped. The internationalization of the economy necessarily leads to the situations of possible dysfunction of the multinational companies (or even their failure) and / or possessing assets across the globe. We will try to develop a common approach in a European commercial law that would fit into the logical continuation of national legislation
Guibert, Georges. "Des CLAUSES D'IRRESPONSABILITE EN DROIT PRIVE MAROCAIN : comparaison avec le droit francais." Paris 5, 1990. http://www.theses.fr/1990PA05D001.
Повний текст джерелаThe irresponsibility clause is fundamentally analysed not as an agreement about the fixing of obligations or the modes of responsability but as an agreement about damages. Therefore, the principle of the validity of the irresponsibility clause must be accepted even thow the damage affected the individual because it doesn't at all allow negligence, it goes against its subject as well as the criminal law's action through the principle of the unity of offence. It's the solution of moroccan law. As far as the damage to possessions is concerned, despite both the legal and doctrinal and jurisprudencial clear hostility with notably the tenth of january 1978 law about the consumer protection, tending to reduice it to its most simply expression, the irresponsibility clause seems to find a new strength in the recent evolution of concepts of group of contracts and stipulation for others with expenses. In morocco, in the actual state of legislation and jurisprudence, only the consent defects theory is able to moderate the effects or irresponsibility clauses
Rohrbach, Catherine. "Le contrat de distribution sélective en droit francais et en droit communautaire." Paris 13, 1987. http://www.theses.fr/1987PA131018.
Повний текст джерелаThe selective distribution contract can be defined as that by which the manufacturer entrusts, in a predetermined territorial zone, the distribution of its products to qualitatively and quantitatively selected retailers, and by which each approved distributor is authorized to sell competing proudcts of equivalent notoriety. In this way, privileged, even exclusive links are created between the manufacturer and his distributors. However, by creating such links, the selective distribution contract modifies the relations that each of them should have with his competitors and thus causes unfair competition. Moreover, it limits, in the economic sectors where it is used (in particular perfumes, clocks and watches, cars, household appliances) the number of competitors. In french law, the negative effect on competition of selective distribution systems can be countered either by prohibiting the refusal to sell or cartels. In eec law, on the other hand, only one type of intervention is possible. It consists in controlling selective distribution with rules covering cartels in article 85 of the treaty of rome. However, examinsation of solutions chosen by the eec authorities reveals a considerable divergence with those of french law. Selective distribution is neither absolutely justifiable nor absolutely condemnable. When it corresponds to the requirements of a good distriution of products, for technical or commercial reasons, its validity can not be put into question even if it leads to a limitation of the number of distributors and creates certain distorsions in competition. However, when selective distribution is merely an artifice to retain high profit margins to the advantage of certain distributors, it must be condemned outright
FERRAND, PIERRE-NIC. "La cession d'entreprise en difficulte en droit francais et en droit americain." Paris 2, 1994. http://www.theses.fr/1994PA020051.
Повний текст джерелаThe aim of this thesis is to study the french and american systems with regard to the sale of corporations facing bankruptcy proceedings. The format which has been adopted is chronological. Indeed, it reviews all the main questions raised by the sale of a bankrupt entity as they come up in a real world context. Hence, the first part deals with the valuation of the corporation, preliminary step to any sale, the second part deals with the preparation of the sale, the third with the implementation of the sale. The fourth part relates to the different obligations flowing from the sale for the different parties and the fifth part deals with the possibility to modify a plan of reorganization once it has been adopted and which are the possible courses of action if one wants to challenge its validity. Eventually, the sixth part is oriented toward research regarding the legal nature of the sale of a corporation facing difficulties. Although it is worth noting that this question does not have the same level of importance in french and american law, it obviously remains crucial to the legal regime to be applied to the sale of a corporation facing bankruptcy proceedings
Nguyen, Thi Thu Van. "Les conditions du divorce en droit vietnamien : comparaison avec le droit francais." Paris 2, 2004. http://www.theses.fr/2004PA020015.
Повний текст джерелаBareït, Nicolas. "Le droit transitoire de la famille." Pau, 2008. http://www.theses.fr/2008PAUU2004.
Повний текст джерелаThe study of the transitional provisions adopted in family law since 1804 makes it possible to clarify the existence of a real family transitional law, i. E. A transitional law peculiar to the family law. On a side, the synchronic analysis of the transitional provisions reveals the permanent characteristics of the family transitional law. This reveals that the family legislator instrumentalise transitional law to achieve his own aims : the transitional provisions can thus be used to ensure the effectivity of the law, or to mark the breaks in the state of the right. Such an instrumentalisation is however limited : the legislator has to respect the principles of separation of the powers and legal security. On another side, the diachronic analysis of the transitional law evolves in the same direction and at the same speed as the family law : increase of the role granted to individual wills, progressive tender with the same fundamental rights. Such a parallelism in the evolutions is the consequence of the imitation of the transitional law with regard to the family law. To final, the combination of these two factors (instrumentalisation of the transitional law by the family law, imitation of the transitional law with regard to the family law) explains the considerable influence exerted by the family law over the transitional law. It is this influence which prints on the family transitional law its particularity – its originality
Ramet, Stéphanie. "Le droit communautaire et la famille." Paris 1, 2001. http://www.theses.fr/2001PA010302.
Повний текст джерелаSiat, Guy. "La famille en droit fiscal français." Université Robert Schuman (Strasbourg) (1971-2008), 1990. http://www.theses.fr/1990STR30018.
Повний текст джерелаRelations between tax legislation and family are dominated by the supply of taxation to family policy. It finds its main expression in a lot of fiscal promotions. But the legislator can't be unaware of the communauty of interests which is leading family. Therefore, family is a promoted as feared by fiscal law. The fiscal home is a mixture of family relations and household. The fiscal system has it proper contingencies. So there is no regular definition of family in fiscal law
Bisson, Sophie. "L'autorité dans la famille." Reims, 2004. http://www.theses.fr/2004REIMD001.
Повний текст джерелаThe notion of authority appears as one of pillars of family's law. The bases of the authority in the family have very evolved all long history period. At first, the authority was bound to the quality of man, then at the existence of marriage to be today based on the kinship. This evolution shows the way of an organization of patriarchal's type in which the power was the expression of a juridical authority on the wife and on the children to a familial organization of equalitarian type in the bosom on which the parental responsability takes its origin in the only one kinship. At the end of this evolution, the authority is above all that of parent's. The authority in the family expresses therefore today for the main point via the concept of parental responsability. Two elements render an account to this authority in the family : the legal power and the legal duty. Henceforth, the parental responsability surpasses all the law family and represents in that a new familial reference
Casey, Jérôme. "Les sûretés et la famille." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40026.
Повний текст джерелаBoughazi, Mohamed Ali. "Le regime juridique de l'assurance maritime en droit francais et en droit marocain." Nantes, 1988. http://www.theses.fr/1988NANT4002.
Повний текст джерелаInsurers and insured have certain obligations towards the shipping insurance. The insured has to pay a premium, safeguard the insured goods and keep the insurer's rights. As for the insurer he must indemnify the insured in case of sinister. Transactions take place in more or less structured markets. French market offers more guarantees than its moroccan homologue. Nowadays, shipping insurance has taken a great importance. In fact a ship can already be insured while it is still under construction. It is then covered by a policy on the hull of the ship. When the ship has been built, it is covered by an insurance on the hull of the ship. The goods which it will carry will be covered by an insurance policy on the cargo while the shipping company will guarantee her responsibility with another policy. If the ship has to be repaired, then the shipyard will be able to subscribe a responsibility insurance policy for repairs to ships. If a war breaks out and the cargo will then be insured against war risks. Off-shore installations placed on the seas are also covered by shipping insurances. Shipping insurance is therefore involved in all acts of shipping operations
HOFF, PHILIPPE. "Le brevet pharmaceutique et ses particularites en droit francais et en droit europeen." Strasbourg 1, 1990. http://www.theses.fr/1990STR15010.
Повний текст джерелаBillet, Philippe. "La protection juridique du sous-sol en droit francais." Lyon 3, 1994. http://www.theses.fr/1994LYO33021.
Повний текст джерелаThe subsoil doesn't have a formal legal definition. In other scientific subjects,the usbsoil is not credited with just one definition. Yet,it does exist physically in content as well as in structure it's a natural element before serving as a support for human activities,or being submitted to the law. Its importance for the environment is such that it cannot be approach in terms of just its use or exploitation. A new legal preocupation,the subsoil protection must take into account a teleological approach. As property, the subsoil is confronted with the antagonism of public or private property right,which aims can be protection or destruction the subsoil can also be protected as a resource. By definition, its preservation is marked by ambiguity since it's nonetheless conceived in view of further exploitation. As archeological,geological and faunistic heritage,the subsoil benefits from different types of legal protection. However,most of them are scarcely developed, inadapted and mostly unknow
Lemoine, Emmanuelle. "La repression de l'indifference sociale en droit penal francais." Rennes 1, 1999. http://www.theses.fr/1999REN10404.
Повний текст джерелаDJEBALI, OUAMAR. "Particularites du droit de forme applicable aux infractions economiques (droit francais et apercus de droit communautaire)." Poitiers, 1986. http://www.theses.fr/1986POIT3001.
Повний текст джерелаFerkh, Hassan. "L'unicité de la notion de famille en droit musulman et sa pluralité en droit français." Lyon 3, 1994. http://www.theses.fr/1994LYO33006.
Повний текст джерелаIn an introductive chapter, we are studying the way how unicity and plurality are the results of a certain idea of law and a juridical philosophy, in both french and muslim laws respectively. We are explaining how unicity and plurality are somehow the consequence of the following elements: the openingor not- onto facts and new needs; the place that would be given to common law contribution, through the phenomenon of legislation or the elaboration of a juridical system; the relationship between law and religion or morals as well. But the duality appears more directly as the result of a mutation -or the lack of it- in both components of the family: conjugality and filiation. As for conjugality, we are showing that in french law, plurality is the result of a breaking up in marriage institution. In the lines of this breaking, not only institutional system or ideology or customs play their parts, but also mainly narrow structures of conjugality do. On the contrary, muslim marriage -traditionally provided with wide conjugality structures- has never been experiencying such an institutionalization state. As for filiation, since the beginning, both french and muslim-arabic societies have been gifted with different patterns of kinship: for the first one, cognatic pattern has been coexisting with monogamic conjugal family in great harmony, as for the second one, the patrilinear pattern has been favouring the wide family to the detriment of the conjugal group
Francois, Barbara. "Le Droit bouddhiste birman de la famille." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594197h.
Повний текст джерелаBernand, Younes. "Les temporalités en droit de la famille." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30036.
Повний текст джерелаTemporalities signify both all that which, by its nature, occurs in time, and an organization of the past, present and future. The evolution of family law has marked the passage from a traditional model, one based on the idea of perpetual marriage and a source of unending family ties, to a new model imprinted by “presentness”, one built on the indissolubility of the parental couple. Legislators are being led to reinforce and consolidate ideas of parenthood as they are faced with the risks presented by familial desynchronization and of the breakdown of the continuity of family ties abandoned due to the instability met by the shortened time of conjugal life. It would seem that the goal is to let the “parental couple” outlive the “conjugal couple” in order to serve the best interests of the child. Consequently, we can observe a shift in duration from conjugality to parenthood. Through a logical reasoning of disassociating the conjugal from the parental, the conditional, subjective and transitory time of conjugality becomes contradictory to the unconditional, objective and perpetual time of parenthood
Dudit, Carine. "La contractualisation du droit de la famille." Nantes, 2009. http://www.theses.fr/2009NANT4018.
Повний текст джерелаRuled by law and order for a long time, family was instituted by law and organized by legal status. Individual wills and contract had a tiny place in family links. This situation was justified by disparity between wife and husband and group prevailing upon individual. Husband and wife equality, glorification of rights and individual liberties, relaxation of moral standards paved the way for contract in family relationship and also in family link institution. Legal status and institution are fading away but not vanishing. Increased part for contract, decline of a restrictive law and order in favor of a protective one, rise of justice intervention are main guides for analyzing family laws of 21st century
Wattez, Bertrand. "L'abandon en droit penal de la famille." Lille 2, 1995. http://www.theses.fr/1995LIL20011.
Повний текст джерелаIn criminal law, the desertion of a family has two forms, according to whether the offender fails to fulfil his financial obligations (patrimonial form) of his legal moral and material obligations (extra patrimonail form). The patrimonial desertion of a family covers two behaviours : the insolvency which is the voluntary failure during a certain time to fulfil one's obligations with regard to alimony imposed on a debtor by a civil court decision, and the wiliness which is characterized by the fraudulent organization of the same debtor's insolvency. If the repression of this insolvency poses more problems than it solves in that criminal law does not provide a satisfactory solution to recover unpaid alimony, it is not the same case with wiliness, for the debtor intentionally avoids his obligations by putting himself in a situation whereby he cannot honour his debts towards his family. In the case of extra patrimonial desertion of the family, this thesis intends to cover two distinct problems : the abandonment of children and the neglected family. The law has always hesitated between the repression and assistance of abandoned children. Today, the abandonment of children is lawful providing that the health and security of the children are not affected in any way. This clemency is not without criticism. Extra patrimonial abandonment can also be committed for the benefit of a sterile couple who incites a mother to either sell or give up up her child before or after birth. If criminal law represses less and less the desertion of a partner, it protects more and more a child who has been morally and materially abandoned, that is to say, his security, morality or health is in danger through a lack of parental authority. This thesis poses the problem of finding out whether or not there has been an increase in the repression of different forms of abandonment
Thevenet, Doriane. "La notion juridique de famille entre droit civil et droit social : étude comparative des systèmes juridiques français et italien." Lille 2, 2006. http://www.theses.fr/2006LIL20024.
Повний текст джерелаThe subject of the thesis is the study of the legal concept of family facing the evolution of civil law and social right. On the basis of atraditional definition of the family in civil law, the research consists of highlighting the possible influences or interferences of the social right. The comparative study of the French right and the Italian right, countries coming from a same legal culture, offers a better comprehension of the evolution of the family in right. Indeed, the comparison, imposing a multi-field research, highlights the differences and the resemblances of the legislation studied, pointing out its history, its rules and its functions. The result is the conclusions of a chronological study which distinguishes two periods. The first one extends from the birth of the social legislation to the reform of the famility right. Starting on the basis of working right, which goal is the revival of family ties when at the same time the industrial revolution tends to separate its members, the study attempts to seek if the family enjoying this new working right, goes in the same direction as the civil right defined during this same period and the consequences which result from this. The second considered period shows how the family has been forgotten in contemporary society and where the right of the individual takes over that of the group
MAREI, MOHAMED. "Le droit de greve dans les services publics. Analyse du droit francais. Du droit egyptien et du droit musulman." Nantes, 1993. http://www.theses.fr/1993NANT4005.
Повний текст джерелаSeyrat, Serge. "Le bon père de famille." Paris 2, 1985. http://www.theses.fr/1985PA020076.
Повний текст джерелаWebert, Francine. "Unite de l'Etat et diversité régionale en droit constitutionnel francais." Nancy 2, 1997. http://www.theses.fr/1997NAN20013.
Повний текст джерелаArchetype of the state-nation, the french unitarian state excluedes by that very fact from taking charge of any infra-national pluralim. France has always been confronted with pluralism and diversity. As a pre-eminently integrating model, the unitarian french state is actually a much more supple organisation model of political society that it seems to be, even if we often blame it for being too devoted to the tradition of jacobin uniformity. On the contrary, the french unitarian state, which is obliged to absorb the tensenesses caused by its sociological diversity, is able to accept some forms of particularism. Born of a mosaic of people and cultures, the french unitarian state was created and maintained as an organisation model of a political society precisely because it has achieved in building a national identidy, wich has been strong enough to supersede the identitary feling developped by each of its infra-national components. Once this national and subjective unity reached, nothing forbids it taking into account the most tanible forme of the infra-national pluralism. Embarking on the course of integrating diversity inside unity, the unitarian state takes cognizance of the heterogenous forme of its social body and thereby, affords its own strengthening. The unitarian state is not able to adapt itself in order to give an account of its human heterogeneity, but also to accpet some situations, wich are even more tortious to the state unity, even if involves making its initial position a bit suppler. Adaptation of the unitarian state is undoubtely more complex in front of the extreme situations like identitary demonstrations unable to any integration of territorial collectivies inside the community frame. Nevertheless, adaptation does not mean relinquishment and change of the unity lead to the conclusion of a bursting state-nation
Wagner, Valérie. "Le nouveau statut de l'agent commercial : étude en droit francais, en droit communautaire et en droit comparé." Paris 1, 1996. http://www.theses.fr/1996PA010272.
Повний текст джерелаThe transposition of the european directives of december eighteenth in nineteen eighty six relating to the co-ordination of the european union members' rights about the commercial agents gave a real legal statute to the commercial agent in the european union in particular in france. Understood in the european union the fiscal, social and juridical statute of the commercial agent has been modificated
Abdelwahed, Mohamed. "Le droit au prix dans le marche public de travaux. Etude comparee en droit francais - droit egyptien." Rennes 1, 1991. http://www.theses.fr/1991REN11016.
Повний текст джерелаThis study is to give a description and an analysis of the most important right that a contracting party with the civil service seeks to acquire in order to car ry out a public enginering operation in return for a public market, meaning the right to a price fix. The aim is to compare this right within two systems one of wich is a strong derivation from the other. Egyptian law as a consequences of a geographic proximity primarily refers to french laws. But is it the same when it is a matter of applicable rules as far as the price is concerned. It appears that france has proved to be concerned with improving the image of its civil service it aims at expanding its scop from a legislation designed exclusively for the be nefit of the civil service to a legislation drafted for the contractor. However we must keep in mind that the goal of such reforms is to bring about a certain balance between the rights and obligations of each party and not to unbalance in favour solely of the contractor. In egypt the evolution in the field has not yet taken place. In fact the improvement of the contractors' situation in france is based primarily on the research into a reinforcement of the interests on arreas scheme, whilst in egypt the interest system, wether excessive or not constitues a usury prohibited by charia
Bodin, Muriel. "Le droit a l'information, un droit constitutionnel en voie d'elaboration, etude comparee en droit francais et americain." Caen, 1993. http://www.theses.fr/1993CAEN0030.
Повний текст джерелаThe aim of this thesis is the study of the right to know as constitutional right in french and american mass media communication's law. The function of what the author calls "an institutional garanty" and which is an abstract right, is to promote and renforce the constitutional privileges of the press and expression. But it appears that the technics and means of the protection of the right to know are very different even the two states are democratics ones. But this study demonstrates that these differences have no influence on the nature, the limits and the scope of the right to know, in a comparative study
Brebesh, 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
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
Ramzy, Mabrouk. "La force majeure en droit des obligation etude de droit compare egyptien et francais." Nantes, 1986. http://www.theses.fr/1986NANT4001.
Повний текст джерелаThe comparative study related to franco-egyptian law concerning the act of god shows the evolution of an old concept known to all frevious law systems. Animfroued scientific prevision of natural phenomena and a better protection against their effects have brought on a major change to the concept of the act of god; a concept made of social and economic events. The main characters of imprevisibility and irresistibility have also seen a major change as to their importance in this domaine. On one hand, in france, we have so far disregarded the theory of imprevision but recently the act of the 5 th of july 1985 has reinforced the rights of victims of traffic accidents. On the other hand, in egypt, we have always afflied the thory of imprevision; however, no identical act has intervened to reinforce the afore mentionned theory. This comparative study shows that the aim of either law system is to reduce the effects of the act of god and minimize its damages
Vial, Géraldine. "La preuve en droit extrapatrimonial de la famille." Grenoble 2, 2006. http://www.theses.fr/2006GRE21021.
Повний текст джерелаFamily Law is an interesting field when it comes to proof as it shows much specificity. This can be seen in areas such as the burden of proof (presumption of paternity), means of proof (biological tests, social investigation, recording of adultery), and also with the consequences some proofs may have on the action of justice (possession of a status). These various derogations to the general theory of proof show the need for a specific theory of proof in family law in which proof would be the subject of a right (Part I). However, the active role played by proof on substantial law shows the specificity of it in Family law in such a manner that it is possible to consider that the proof could be a source of rights (Part II). Proof is the subject of a right: the right to proof. This right allows all the parties to provide their proof by all means. When they lack sufficient proof, the parties then hold the right to obtain proof. Obstacles may however limit the scope of this right to proof. Confidentiality, respect of integrity, loyalty, family ties thus uphold this right in order to prevent the search for proof from being prejudicial to individuals or to the family. Proof is also a source of rights. At first it conditions access to the judge. The history of proof has been punctuated by various levels of filters (case of opening) and even today, positive right. Title and condition of possession can sometimes be used for purposes of objection in order to prevent the establishment of or to dispute an affiliation. Next, proof subordinates access to law. This means that undisputed proof is one and the same with the means to establish affiliation or marriage and ensures the direct realisation of the right. Similarly, some contentious proof will influence the judge in his understanding and enhance the chances of success of a claim (presumptions, biological tests). This study reveals the essential part played by proof in substantial family law and the close link between the family social model and the probative system
Logoras, Patrick. "Cambacérès, législateur de la famille." Poitiers, 1994. http://www.theses.fr/1994POIT3014.
Повний текст джерелаThe aim of this thesis is the study of Cambacérès, the family lawyer. The introduction presents his family background and his intellectual education. After local responsibilities, he is elected deputy at the Convention. Too formalistic in Louis XVIth's case, thus he proposed the text about the revolutionary and the 19th March 1793 order about outlawing; after Robespierre's failure, he succeeded in presiding over the Convention. He is responsible for the elaboration of a civil code, but three projects failed. I first present his ideas about civil status, then the next two parts allow us to study his contribution to the family law. Cambacérès is a civil servant jurist, so he is both adaptable to principles and strict about texts. During the French revolution he conformed to the ideas of that time, then, under the Consulate he became more scientific. He created the loss of natural child's heir rights, the direct line divisibility, the graduation of the father's rights about his property according to the number of his children, and the recognizance for the children even if come of age, to get their parents consent to get married. To conclude we can wonder about this jurist's paradigmatic value
Baillon-Wirtz, Nathalie. "La famille et la mort." Paris 2, 2004. http://www.theses.fr/2004PA020076.
Повний текст джерелаSooner or later, everybody is confronted with the death of a close relation which involves the carrying out of practical and ceremonial formalities supervised by particular rules. The purpose of this thesis is not to schematically list these regulations but to define the interaction of family life, an uncertain reality because of the diverse links which compose it, and of death, the irremovable reality. It is argued that death and the family influence each other under the rule of law. With regard to the influence of death on the family, this study demonstrates, on the one hand, that the composition of this relationship is not fixed because it is possible to give to the deceased a title based on a previous situation (biological link), to create an artificial link or to contest an established link. On the other hand, death reveals which conception of the family is dominant in society as its regulation shows important underlying legislative choices regarding the family, of which some point to a greater equality of the family members (links of filiation), and others towards a real disparity, particularly a patrimonial one (conjugal links). With regard to the influence of the family on the legal consequences of death, this influence becomes effective if the family imposes to others, by means of specific rights, the respect for the interests of the deceased (right to immortalize its wills, even presumed) and its own interests (rights of the personality and rights of property on the grave and the corpse), sometimes limited if the family executes obligations which the law and the deceased impose upon it
Lucas, Christine. "Du contrat de famille à la famille contractuelle : étude de droit extra-patrimonial." Poitiers, 2000. http://www.theses.fr/2000POIT3027.
Повний текст джерела