Дисертації з теми "Droit de la prévention"
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Garnier, Sophie. "Droit du travail et prévention." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT3023/document.
Повний текст джерелаMeasures relating to occupational health, the obligation of reclassification in the dismissal for economic reasons, continuing vocational training or jobs and skills planning and training, are all means by which labor law aims to prevent the realization of risks in the workplace. Prevention has become a key concept in labor law, without having been subject to analyzes assessing the exact scope. To deepen links between labor law and prevention, a categorization of the main expressions of the labor law in prevention may first be proposed. It highlights the expansion of prevention in the field of labor law. The different risks inherent in the employment relationship are concerned and prevention today move towards consolidation, to determine how best to avoid or limit them. The various legal schemes enabling the implementation of the prevention in labor law can also be explored, as their legal regime reveals a certain unity. It is a right to prevention at workplace that can be identified. Its distinguishing feature is it involvement of different actors in the employment relationship, whose roles are organized so as to ensure effectiveness in prevention at the workplace
Nikolaeva, Desislava. "Le droit de la diplomatie préventive : étude de la règle de prévention en droit international public contemporain." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA009.
Повний текст джерелаInternational law regulates States’ diplomacy for the purpose of preventing insecurity, and, by extension, armed conflicts. Accordingly, the law of preventive diplomacy reflects, in a sense, the idea that prevention of imminent risks of serious material damages defines a general principle of international law. The assertion of such a principle is based on an inductive analysis of the major treaties on collective security concluded between 1899 and 1945. It is verified in light of their application by Member States of the League of Nations and, since 1945, of the United Nations. The general nature of this principle is deduced from a combined study of the jurisprudence of a number of international courts and tribunals in various fields of international law. Those findings support the idea that individual and collective efforts of conflict prevention are subject to the respect of a general legal regime governing the current international system of peace-maintenance and collective security
Arzoumanian-Rumin, Naïri. "Le droit et la prévention du génocide." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32069.
Повний текст джерелаThe legal approach to genocide developed since 1945, remains focused to a scope, namely the prosecution. Although the legal framework entails allows to comprehend the dynamic dimension of genocide, by taking into account various forms of participation and the multitude of perpetrators involved, the definition of genocide remains centered on the constitutive element of the crime of genocide and unable to grasp its complexity. Beyond a destructive act, genocide is an institutional process targeting a group. Acknowledging that, the prevention of genocide shall be renewed. On one hand, because resorting to and manipulating law is a recurring element within the genocide process, legal prevention is appropriate. On the other hand, genocide prevention shall be organised around both immediate/operational and structural response. While immediate/operational response aims to change the behaviour of the perpetrator(s) at an advanced stage of the genocidal process, the structural response aims to avoid the emergence and conjunction of a genocidal plan and the means to implement it. By acting specifically against this conjunction of will and means, structural prevention allows to address the dynamic of the crime of genocide, in both its substance (multiplicity of perpetrators and forms of participation) and its sequencing dimension (from the emergence of genocidal project to its implementation). It is, as such, the most effective way of preventing
Ponseille, Anne. "L'infraction de prévention en droit pénal français." Montpellier 1, 2001. http://www.theses.fr/2001MON10011.
Повний текст джерелаEl, Berry Lala Jamila. "L'obligation de prévention en droit du travail." Lille 2, 2004. http://www.theses.fr/2004LIL20015.
Повний текст джерелаThe logic of a risk mastery, and its corollary the prevention of the damage take up a deciding place in the substantive law. The legal construction of a general obligation of prevention in labour law is the result of a long gestation. Its instrumentalisation in the right of health in work environment contributed to make this obligation the part maitress, of an overall policy of health in the company. This protean obligation can be express or implicit. It is characterized by a plurility of more or less coercive legal instruments in order to prevent or to limit the damage born from the execution of the working relationship. Institutionalized for avoid the realization of the professional risk, this obligation of prevention is also illustrated in the prevention of the risk of the job loss, resulting from an individual or collective conflict of work. In this logic, it aims to prevent the economic damage. The legal mode, which provides this obligation of prevention, is composed of sanctions more or less drastic and dissuasive for the debitor who must respect it. The composite character of the obligations of prevention gives thus to the modes which are attached, a certain heterogeneity. In consequence, the constraining force of this obligation is alterable, and is different according to the field in which it is called to be implemented. This one is sometimes offensive, when it aims to prevent absolutely the supervening of damages, sometimes active when it has the aim of limiting the supervening of the damage, and constitutes a passive obligation when it displays some mechanisms of prevention, which conceal their name. Its application highlights a new approach of the risk management to the work and translate the will of the legislator in establishing a basic right of the protection of employment on the same basis as the protection of health into work environment
Marion-Nau, Sophie. "La prévention du dommage en droit civil français." Toulouse 1, 2005. http://www.theses.fr/2005TOU10075.
Повний текст джерелаCompensation for damage, although unquestionable in our regulation system, no longer is ideological. It is being aware of the necessity to intervene ahead of prejudice that we witness today and that appears in the eyes of the general public under the denomination of the principle of precaution. Such an aim however isn't quite new. When confronted to the repetitive or collective damages the Lawmaker didn't wait for this principle to emerge before setting up and array of preventive regulations whose applications was essentially entrusted to specific associations and more restrictively to the judge. In the same way, Civil Law completes the existent regulations by setting up its own rules of prevention, allowing experience to express itself feely by letting appear a suppler and often efficient spontaneous prevention. This set of preventive regulations, although it exists, can however show fautly that should be corrected. To reinforce the efficiency of prevention implies more daring and trusting judges. However, it is paradoxal if such our objective demands a reinforcement of dissuasive prevention, which is implemented when damages is being repaired since anticipation and prevention are closely limited by time and the respect of opposite interest. By optimising the curative function of civil responsability, prevention can become worthy of interest, which implies new judiciary techniques which were up to now, hidden or unknown in our law system, such as the use of punitive damages or the acceptance of collective actions
Ndongo, Céline. "Le nouveau visage de la prévention en droit OHADA." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D004.
Повний текст джерелаOn September 10, 2015, OHADA adopted a new law for companies in difficulty through reform of Uniform Act organizing Bankruptcy Proceedings for the wiping off debts . Indeed, eight years after the first works of amendment, the revised law has finally been adopted at Grand Bassam (Ivory Coast), during the 40th meeting of OHADA's Council of Ministers. The event is not unimportant insofar as the old text clearly showed its inability to safeguard viable enterprises and to liquidate quickly those that were no longer viable. On 24 December of the same year, in accordance with the Community texts, the new law came into force in the entire OHADA's space. One of the striking points of this reform is doubtless the special place granted to the prevention of the difficulties of companies by the legislator. Indeed, since prevention is better than cure, the legislator improved the old procedure, but also introduce a new one named « conciliation ». He has not failed to organize the status of judicial officers who intervene in both preventive and curative matters. Following this reform, two questions can mainly arouse the interest. Firstly, one can wonder what really changed in the legal prevention of the difficulties of the companies in OHADA's space, and secondly, one can wonder right now about the means of improving the reception of this law by his recipients namely debtors, experts and magistrates. The answers to these questions will hopefully facilitate the implementation of this new OHADA preventive policy
Toh, Aymar. "La prévention des difficultés des entreprises : étude comparée de droit français et droit OHADA." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0284/document.
Повний текст джерелаDue to the inadequate judicial processing of difficulties encountered by enterprises today, the right to prevention is becoming more and more attractive. In France as in Ohada, the law of July 26 2005 and the uniform act concerning collective procedures of passive clearance have stressed the importance of the negociated solutions in order to straighten the curve of the numerous company failures. On account of incitative mesures in favor of debtors and creditors, the confrontation of the French prevention system and the Ohada prevention system have limited results despite the quality of the various prevention systems. Even though the French prevention system, which appears to be better structured and better organized, serves as a model to the juidicial system of Ohada, it must be noted that both legislators are far from achieving their goals. In fact, company failures are increasing rapidly, highlighting the ineffectiveness of the judicial prevention mecanisms that have been proposed until now. Consequently, a reform of all prevention devices in both judicial orders is required. Moreover, the comparative approach set by this matter's principle aim is to develop a new approach in company law which henceforth advocates contractualization of the matter in order to make it more effective
Ouedraogo, Wend-Lamanegda Diane Nathalie. "Prévention et lutte contre le terrorisme en Afrique." Rouen, 2013. http://www.theses.fr/2013ROUED003.
Повний текст джерелаInternational terrorism is a phenomenon that spares no continent. His renewed energy with the September 11, 2001 attacks in the United States challenged the entire international community and attracts the attention of the world on a phenomenon whose struggle became urgent. All the measures should be implemented for this purpose. The African continent had already begun to organize the fight against terrorism since the 1990's, long before it became a priority in the agenda of the international community. Indeed, facing the attacks that it suffered in 1998, Africa had decided to take measures to combat terrorism which is a serious violation of human rights and a hindrance to socio-economic development. To do this, African leaders have agreed to set up a legal instrument to ensure security, peace and development. Hence the adoption of the Convention of the OAU in the prevention and combating against terrorism 14 July 1999 in Alger. The Convention, as its name suggests, deals with both prevention and repression but not without first giving a definition of what is considered as terrorist act. It imposes on States both unilateral obligations and cooperation actions. The African Convention is concerned with prevention. A prevention that passes through eradication of underlying causes of terrorism. It also imposes repression during which the implementation of its provisions is not without difficulties. To what extent is this effective ? Is the fight against terrorism in Africa through its legal instrument effective ? This is the question to which we will try to respond through an analysis of the Convention to fully appreciate the efficiency
Bambery, Lamott Yamilet. "La prévention des agressions sexuelles contre les enfants: perspectives juridiques." Thesis, Université Laval, 2014. http://www.theses.ulaval.ca/2014/30583/30583.pdf.
Повний текст джерелаOrlandini, Jean-Charles. "La prévention des risques naturels par le droit de l'urbanisme." Nice, 2000. http://www.theses.fr/2000NICE0067.
Повний текст джерелаNatural risks safety policy hesitates between two conflicted inclinations : town planning law, enough fitted out but mostly decentralized, and state administrative policy reserved for risks but infringing scope town planning law. Grounds' right is needlessly in competition with the less effective prefectoral risks policy. Its ineffectiveness add to structurals weakness of town planning decentralization for weaken general preventive system of naturals risks. Safety policy suffers from division town planning competence between locals collectivities or with state authorities in spite of its preventive vocation established by montain law, littoral law and L. 121-10 article, whatever its application needs to be improved
Basile-Basghini, Giuseppina. "La prévention des contrariétés de jugements en droit judiciaire privé." Reims, 2001. http://www.theses.fr/2001REIMD007.
Повний текст джерелаThe emergence and development of complex legal acts and facts have encreased the risk of judgements' conflicts. The purpose of the present thesis is to enumerate and describe the several instruments the french procedural law implements to avoid this phenomenom. Based upon the rather simplistic idea that these inelegantiae juris can be averted in settling the dispute in a single jugement, the french preventive system of jugements' conflicts encourages and sometimes compels litigants to gather all their claims and prosecute all their adversaries in the same lawsuit or resort. Failing that, the res judicata about these claims and parties may - if necessary - be extended to third parties without any contradictory debate. It goes without saying that this preventive method leads the legislator, the judge and the litigants to depart from the main principles of the french procedural law. That's a matter of credibility of Justice
Touré, Barham. "L'insécurité en mer et le droit : mutations, prévention et sanction." Lille 2, 2000. http://www.theses.fr/2000LIL20012.
Повний текст джерелаBorges, Leonardo Estrela. "Les obligations de prévention dans le droit international de l'environnement." Paris 1, 2013. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/les-obligations-de-prevention-dans-le-droit-international-de-l-environnement-et-ses-consequences-dans-la-responsabilite-internationale-des-etats-51378.
Повний текст джерелаHops, Sylvie. "La sécurité du consommateur : prévention et répression." Paris 1, 1992. http://www.theses.fr/1992PA010283.
Повний текст джерелаOne can define a consumer as an individual or collectivity deriving objective and subjective satisfaction from the purshase of any given goods or services. Physically dangerous products of services would be an example of an objectively substantial insatisfaction. Preventive mesurces directed at faulty products or services are destined to improve objective satisfaction at the consumer level. Repression aims to penalise the makers of products or services which are in fact not consumable at all. Essentially, the protection of the rights of an isolated consumer (acting in his own behald before the designated judicial instances) is limited. At the same time, judicial actions undertaken by consumer associations are also limited by the french state which refuses the role of these associations as representatives of the general interest. Only the state has the right to pursue the general interest by means of its various governmental agencies. Unfortunately, these same agencies do not provide sufficient security to the consumer with respect to the general interest, although certain institutions la normalisation, le mediateur) currently show a tendancy, at least officially, to address the more severe manifestations of consumer insecurity
Neuer, Jean-Jacques. "Prévention et répression de la fraude fiscale internationale." Paris 2, 1986. http://www.theses.fr/1986PA020066.
Повний текст джерелаPrevention of, and law enforceent against, international tax evasion tax evasion is the citizen's revolt against state authority. It is a subject with strong emotional overtones which overshadow its purely technical, and often highly sophisticated aspects. In its international variety, the flight from taxes takes on an aggravted dimension, inasmuch as the tax dodger utilizes the sovereignty of a foreign state in an effort to jeopardize law enforcement in his own country. This represents a major challenge to any civilized society, and thus requires organized cooperation among governments in order to devise and apply concerted counter-measures. The present thesis deals with measures developed throughout the french tax laws to protect public finances from such attacks. Part one of the work analyzes the methods used to curb indirect transfers of profit. With due distinction made between countries with similar tax systems, on one hand, and tax heavens on the other. Special attention is devoted to the applicable provisions of domestic law, such as articles 57 and 238-a of the tax code. Part two concerns the transfers of income and assets, which represent a more subtle and dangerous type of evasion, since the target, in this case, is the very source of taxation. The spotlight, in this section, is directed on the relevant aspects of internal legislation, as well as on the rules laid down by international conventions and treaties. The concluding pages stress the paramount importance of international cooperation among fiscal administrations, which appears as an essential prerequisite of success in the fight against international tax evasion
Lyazami, Nahid. "La prévention des difficultés des entreprises : étude comparative entre le droit français et le droit marocain." Phd thesis, Toulon, 2013. http://tel.archives-ouvertes.fr/tel-00904644.
Повний текст джерелаBègue, Guillaume. "Confidentialité et prévention de la criminalité financière : étude de droit comparé." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D019.
Повний текст джерелаThe recent trend towards transaprency in business highlights a more global disenchantment with the concept of secrecy. The concept of secrecy benefits from various legal expressions whose origins give it as undisputable legitimacy. This observation leads us to recognise the existence of a "Principle of confidentiality". The clash betxeen the rules of Financial Crime prevention and this principle of confidentiality is causing legal uncertainty not only for professional subject to Anti-money laundering and counter-terrorism financing regulations but also gor persons whose data is being processed. These two sets of conflicting rules nevertheless share a common goal, namely to ensure respect for fundamental rights. Notwithstanding this, both the risk of abuse of legal instruments offered by one set for illegitimate purposes and the shortcomings attached to the other set potentially hinder the efficient and reasonable use of Law. This study aims at analysing antagonistic principles to reach a certain balance by applying solutions which preserve their respective interests and contribute to legal certainty. In this regard, the comparative law analysis helps better interpret customer due diligence measures whilst rehabilitating the arguments in favour of the principle of confidentiality. This shows the development of e genuine AML/CFT Law and in particular its preventive aspects that form a major part of the Banking and Financial Regulations
Bouldi, Nadia. "Le droit de la prévention à l'aune des sciences du travail : droit et régulation du travail réel." Thesis, Université de Lille (2022-....), 2022. http://www.theses.fr/2022ULILD002.
Повний текст джерелаOur thesis is interdisciplinary: it is based on both fields of Law and ergonomics. This research outlines the prevention Law for labor health. This legal field has been developed in parallel and consubstantially while taking into account the scientific facts, in particular those designed by occupational ergonomics, a discipline which is based on the principle of adapting work to the worker (fitting work to the human), by developing individuals, collectives, and organizations. Also, prevention Law defines a set of spaces concerning expression on work, articulated with spaces for decision-making time. The use of these resources carries the potential of a real democratic process for decision-making, regulating the organization, at the most appropriate scale in company or branch. In this, this right allows to go beyond the relationship of subordination characterizing the working relationship, and this, by giving the development of workers and organizations as an objective. For an efficient use of these resources, supporting the actors of prevention – without dispossessing them of their roles – is often a challenge. The expertise based on the enabling intervention is of interest for this implementation. In addition, prevention law is being renovated thanks to at least three paths: the doctrinal debate conveying the different scientific approaches, case law which adapts the prescribed law according to reminders of reality, and the process of pre-legislation which is inspired by real uses
Rouget, Didier. "La Convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants." Lille 2, 1995. http://www.theses.fr/1995LIL20001.
Повний текст джерелаHallouli, Wajdi. "Le rôle de l'état du port dans la prévention et la répression de la pollution marine." Nice, 2006. http://www.theses.fr/2006NICE0051.
Повний текст джерелаOriginally , the control of ships lies with the flag states. Yet , the fact that some states do not fulfill their duties , are unable to assume their responsibility in enforcing international rules , caused the development of a policy of ship control by port state. A port state is a port in the harbour of which a foreign trading ship puts into port for a while of its own will. The legal basis of the control of ships by port state can be traced into the rules of international law. Each state enjoys sovereignty over the whole of its territory, including the harbour and the territorial waters which form a natural extension of that area, the harbour seems to be the best place to carry out such supervision. It is a point of ship control where port state can enforce real control, and possibly, if necessary, in association with the authorities of flag state. It belongs to the states' territorial waters, assimilated to the national territory. According to common rules of international law, free access to the port is normally given, except if state authorities decide to limit it, in accordance with the principles of international law
Sawadogo, Clarisse. "La prévention des difficultés des entreprises dans les États d'Afrique francophone." Paris 1, 2006. http://www.theses.fr/2006PA010311.
Повний текст джерелаRoelants, du Vivier Arnaud. "La politique communautaire de l'environnement en matière de prévention et de réduction des pollutions et nuisances." Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D011.
Повний текст джерелаDa, Rocha Isabelle. "La prévention des risques professionnels : une politique sécuritaire pour l'entreprise." Paris 2, 2005. http://www.theses.fr/2005PA020035.
Повний текст джерелаEvelamenou, Kokou Serge. "Le concordat préventif en droit Ohada." Phd thesis, Université Paris-Est, 2012. http://tel.archives-ouvertes.fr/tel-00826568.
Повний текст джерелаMusa, Machado Vendramini Sylvia Maria. "La prévention et la répression de la pollution des eaux terrestres superficielles en droit brésilien et en droit français." Paris 2, 1997. http://www.theses.fr/1997PA020025.
Повний текст джерелаSummary: in the introduction is definite the used terms, the classification of the waters in france and in brazil and is described on the geographical plan the big hydrologycals basins of the two country. Always in introduction, a survey on the right of the environment is exposed with a historic part, presenting the principles and the chronology, in using the compared right. The system of political organization and the legislative expertise in matter of environment presented then and well attended of a justification of choice of topic by the importance of the environment for the brazil and by the problems of pollution of the waters. The main existing differences between the two country (historic, economical, political and sociological) is treated in end of introduction. In the first part is, to the first chapter, the commentaries on the management of the facilities in water and the prevention of the pollution in the french law of 3 january 1992 and in the brasilian constitution of 1988 as well as the institutions of management and the instruments of existing scheduling in the two country. This chapter finishes by the description of the global actions of struggle against the pollution. To the ii chapter is treaties: - the preventive control some polluting activities in france, in the former and present laws; - the legislations concerning the dismissals, with their control and- the regimes of authorization and in order to finish, controls it some polluting activities in brazil. In the second part consecrated to the repression of the pollution, the introduction treats of penal compared right (organization laws and principles) and then some constituent elements of the infringement, some observations and pursuits and of the penal condemnation. The conclusion lands the problem of the no existence in france of an offense of reaching to the environment and of the efficiency or of the inefficiency of the repression of the pollution of the waters. The second chapter begins by the presentation of the administrative sanctions, some polices of the environment, of field of application and of the diversity of the sanctions, of the penal repression before the administrative judge and finished by an interrogation on the efficiency of the administrative sanctions in matter of protection of the environment, notably of the quality of the waters. Keys words. Water pollution- rig
Auberson, Florian. "La prévention du dommage : éléments pour une conception subjective en droit privé français." Reims, 2003. http://www.theses.fr/2003REIMD003.
Повний текст джерелаThe study of the french private law shows that damage prevention has multiple faces. The risks'prevention has long been considered as the only type of damage prevention. But, damage prevention can also be seen from the victim's point of view. This so-called " subjective damage prevention " is as much a legal notion. Which, through preventive measures, aims to evitate the occurrence of a victim damage. This protection is a better legal response than the civil repair as it has effects before the illegal situation appears
Tarhouny, Nina. "Les risques psychosociaux au travail : Droit et prévention d’une problématique de santé publique." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCD067.
Повний текст джерелаThe misnamed psychosocial risks at work reflect the expression of contempt for the absolute fundamental norm and matrix of human rights : the dignity of the human being. As a manifestation of suffering at work, indecent working conditions and organizations (as defined by the UN) lead to the commodification of humankind as a means of productionat the expense of worker’s fundamental rights, such as the right to health at work. Psychosocial risks at work, which are threats to public health, exempting them from the rule of law on which social order is based, and whose consequences of damage to the physical and mental health of workers affect society as a whole, break the social contract between individuals and the State. The legal obligations laid down by international, European and French texts, require the State and companies to exercise active and not only reactive prevention. The State, as guarantor and protector of respect for dignity and human rights, can use its prerogatives as a public authority to better protect workers’ health.Sociovigilance is then required as a new vigilance resulting from occupational health safety. Combined with the creation of an independent authority in charge of occupational health issues, sociovigilance is accompanied by a new proposal for the organisation of occupational risk prevention in France
Zouhal, Adra. "Le risque en droit pénal." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G025.
Повний текст джерелаThe notion of risk is doubly uncertain: it contains an irreducible part of hazard as its realization in damage on the one hand, and its lack of definition by the law on the other. However, this gap is at odds, both with the exponential use of the notion of risk in criminal law, whether substantive or form, and with the principle of legality of offences and sentences, which implies that the legislator defines clearly and precisely the notions and concepts to which it refers. That is the reason why the legitimacy of the use of the notion of risk in criminal law can be questionable. The presence of such an uncertain notion in a field involving the fundamental rights of the person is likely to jeopardize the imperatives of the State of laws. Moreover, the criminal law of anticipation, which aims to prevent the occurrence of possible but uncertain interference with a protected right, is criticized. The purpose of this demonstration is therefore to know whether or not the legislature uses wisely the notion of risk in criminal law. The answer to this issue will previously require to ensure that criminal law is actually legitimate to focus on the notion of risk. This is not because the legislature takes into account a notion that its account is necessarily legitimate. Moreover, it is important to keep in mind that risk and the criminal law are inherently contradictory: the risk is uncertain, immaterial and is linked to the concept of prevention while the criminal law is the right of repression, the materiality and the certainty. A deep study of their respective natures will nevertheless make it possible to overcome the contradiction, stating that the criminal law is theoretically legitimate to accept the notion of risk. This legitimacy stays nonetheless quite precarious. To secure this legitimacy, only a certain kind of risk, a risk with a managed level can be taken into account. If the legislator claims using the notion of risk in criminal law for anticipated criminal protection of society, he still cannot ignore the principles that are applicable in criminal law. From the study of the fundamental principles of criminal law, its legal concepts and its supralegislatives sources, this research will then offer a definition of the notion of risk in criminal law, containing the theoretical criteria of a legitimate criminally detectable risk. Its comparison with positive law, will emphasize whether the use of the notion of risk by the legislator in criminal law, makes him lose or not its legitimacy
Huglo, Christian. "Le juge, la prévention et la résolution des litiges en matière d'environnement." Paris 2, 1994. http://www.theses.fr/1994PA020050.
Повний текст джерелаGagnière, Pierre. "Prévention du terrorisme et droit : fondements, mise en oeuvre et conséquences au prisme de la loi n° 2006-64 du 23 Janvier 2006." Thesis, Clermont-Ferrand 1, 2011. http://www.theses.fr/2011CLF10378.
Повний текст джерелаThis thesis focuses on the prevention of terrorism through the prism of the law n ° 2006-64 of 23 January 2006 on the fight against terrorism and containing various provisions relating to security and border controls
Ballandras-Rozet, Christelle. "Les techniques conventionnelles de lutte contre les pollutions et les nuisances et de prévention des risques technologiques." Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/out/theses/2005_out_rozet_c.pdf.
Повний текст джерелаThe fight against pollutions and nuisances as well as the prevention of technological risks are challenges environmental law must tackle. Accounting for the universal dimension of the problems induced, it adapts its traditional tools to enrich them by new techniques. Conventions become the instruments epitomizing this legal change. Their diverse denominations and multiple configurations feed a complexity and a singularity required by the extent of environmental stakes. The systematization ruling their classification improves their legibility. The concept of framework conventions, as it enables to define the different natures of their clauses (contractual, institutional or programming), make them easier to grasp. They are effective techniques which find their place in post-modern Law to impose a flexible and consensual method to environmental actors, be they public or private. They are the expression of a partnership phenomenon in accordance with the rising concept of governance
Jubert, Lucie. "L’organisation du travail et la prévention des risques professionnels." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100121.
Повний текст джерелаFaced with transformations of productive organizations and new dangers they create for physical and mental health, the prevention of occupational risks is changing. Its analysis requires an instrument to grasp the relationships between the variety of physical and psychosocial risks and the multiple aspects of subordinate work activity. The category of work organization is proposed for its ability to designate as much the technical dimension of the work activity as the social and hierarchical dimension of the management power of the employer. With this instrument, the thesis aims first of all to shed light on how the legal order weaves links between the categories of occupational risk and work organization. Built around notions of causality and imputation, the recognition of these links is revealed as a place of privileged observation of the relationships between law and science. The research, then, tries to explain how law acts on the links between the categories of work organization and occupational risk in order to prevent the realization of these. Attached to the structuring components of work organization, the law of health and safety at work is a space where the legal arrangement of things and worker and evolving
Cavalcante, Ruszel Lima Verde. "La dépense publique et la prévention de la corruption au Brésil." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D016.
Повний текст джерелаBrazil has been a constitutional republic since the advent of the 1988 Constitution, followed in 1990 by the election through universal suffrage of a President. Thirty years have passed since the last military dictatorship. Why, then, can we not effectively counter political power ? Why does internal control as a preventative institution fail to avoid public expenditure corruption? And why is this financial governance, the rules of good governance which are adopted everywhere, including in Brazil, fails to reduce cases of corruption in the context of public spending? The dictatorial way in which members of successive executive powers manage the budget by inserting and approving their plans and political wills does indeed reflect a culture of steering public finances anchored in a discretionary power. Such power of command covers social desires and needs by the design of these heads of executive power at the three national levels. In fact, it must be emphasized that this increased power is related more to custom than to the interpretation of laws, the Constitution and its principles such as democracy and the sovereignty of the law, another reason to remember corollary principles of sovereignty and budgetary financial democracy. It is sad to see that, even if this control is ensured, cases of corruption are linked to the public enterprises and outside, which reveals the symptoms of a chronic disease: the failure of the tools of internal and external control in the quest for the prevention of corruption in public spending and the consolidation of discretionary power as a quasi-dictatorial power. Hence our insistence on the design of new pillars: financial democracy aspiring to erect a new citizenship in a world where identities assume ambitious plans to build individual well-being. It is financial democracy that can reconnect with the project of a minimal social identity to prevent individual projects from undermining the essential project: the freedom of all and the freedom of opportunity for all. The second pillar is that of the sovereignty of laws, especially those with a financial content, whose contribution to the citizenship project is to ensure that the levies, expenditures and budgetary instruments are at the service of public needs. Financial democracy is the weapon against the hypo-sufficiency of financial laws and anomie and for financial equality or economic equality
Iyakaremye, Jean-Bosco. "La prévention du génocide: un défi possible à relever." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35233.
Повний текст джерелаBondi, Ogolla Dan. "Le droit et le milieu de travail : la prévention des riques professionnels au Kenya." Bordeaux 1, 1991. http://www.theses.fr/1991BOR1D002.
Повний текст джерелаThe objective of this study was to evaluate the adequacy and impact of the legal regime for the prevention of occupational hazards inkenya. It reveals not only important normative deficiencies but also little impact of law in practice. Firstly, the legal approach to occupational health and safety is sectoral and fragmentary. Sectoral because the legal regime applies to a limited category of sectors of economic activity. Fragmentary because it lacks a global conception of the diverse sources of occupational hazards. Secondly, legal regulation is hardly effective in practice. There is not only a high incidence of occupational hazards but also employers violate with impunity the demands of the normative regime. These deficiencies arise out of the conflictual conception of the role of labour law in the process of the economic development of the country. Thus political decision-makers give a very low priority to worker protection. In our view, the evolution of the legal regime will depend on the level of economic development of the country and the development, by the trade unions of a legislative policy
Mouanga, Diandaha Cyprien Godard. "Les violences conjugales en Droit comparé : approche comparative des droits positifs français et congolais." Paris 8, 2009. http://www.theses.fr/2009PA083269.
Повний текст джерелаHaving studied violence between partners in comparative law, this current research will examine the state of legislation concerning this matter, and the place of violence in today’s society. The dynamics of the power struggles and domination between partners will be studied and also the gap within the legal texts, where they exist, the practice regarding these texts, the advances and the delays in enacting positive law in terms of treatment and prevention of partener beating, without neglecting the inherent aspects concerning the characters of the protagonists and to the consequences of this violence. In order to highlight the differences in approaches between developing countries and developed countries regarding the objectives and to put in place the means to battle against this violence, the research will focus in particular on the Congo and France, organized in a hierarchy. The first part is dedicated to the concept of violence between partners. It comprises two titles each providing an extra perspective regarding this concept: The first title analyses the legal framework which regulates violence between husband and wife; the second studies the causes and consequences of violence through a victimological and criminological approach. The second part deals with the socio-legal reaction regarding partner beating and is further divided into two titles underlining the application of regulation and the contradictions in practice which can hide or create injustices and discriminations in terms of the fight against partner beating. The first one is interested in repression of that violence; the other title studies the strategies of the required prevention for its eradication. Taking into account the various legal thoughts and distinctive social characteristics, the work undertaken manages to put in place a consistent system, which tries to protect the victim whilst giving room for the correction and recovery of the violent partner in order to maintain social order
Tuelle-Pambo, Imelda. "L’exploration-production offshore des hydrocarbures : prévention, répression et réparation des déversements illicites d’hydrocarbures." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0263.
Повний текст джерелаWaiting for a complete change to the development of renewable energies, fossil energies, such as conventional oil and gas, remain still the primary source of energy supply. The rarefaction of conventional oil on the continent has lead major oil companies to turn to the offshore. Thus, in the United States (First oil producer country in the world in 2015) the offshore oil exploitation (mainly concentrated in the Gulf of Mexico) represents more than half of the national oil production. France, as for it, turns now to the exploration of its very great offshore zone extending on the four world’s corners (particularly, off the Guyana’s coasts). This significant economic development should not overlook the dangerousness of offshore oil activities. The explosion of Deepwater Horizon in April 2010, off the Louisiana’s coasts (Gulf of Mexico, The United States) is a perfect illustration (11 killed employees, ecosystem damaged, collateral victims, etc). The Law must be able to frame the risks generated by the offshore oil activities. The comparative study of French and American legal systems highlights French law’s gaps. The exploitation of the American continental shelf’s mineral resources, the repression of unlawful oil discharges and, the remedies of damages, which result from it, are governed by special federal laws. A contrario, the exploitation of the French continental shelf and exclusive economic Zone is governed by general laws. It thus appears necessary to promote a reform of the current legislation. Accordingly, this work is to put forth reform proposals. The special French new legislation must be worked out in a systemic approach. The elements which compose the system must interact. The first element is an optimal prevention that is articulated around the security of the workers and the installations. The second element is the repression of the offenses to the legislation of prevention and, unlawful oil discharges. The third element is a strict liability for the damages result from oil accident (when they are not covered by the exclusive liability for the damages result from occupational accidents) and oil spill. Criminal and civil liabilities also contribute to the prevention by the deterrent for better consideration of risks in the management of oil companies and others companies involving in offshore oil activities
Moussavou-Djembi, Yvette. "Prévention et règlement amiable des litiges dans le contrat international de construction." Angers, 2005. http://www.theses.fr/2005ANGE0035.
Повний текст джерелаThe prevention and the amicable settlement of the litigations will always hold the attention of the contractors and employers. The parties by contractual clauses determine their respective obligations at the conclusion of the construction contract. The building must have an adequate financing, either from spécial financings or from various financial organizations like the World Bank or the European Development Funds. The subscription of guarantees and insuranses is necessary to ensure the good completion of the work. A control of the works must be organized in order to facilitate the reception of the works. The choice of the applicable law must coincide with the interests of the parties because it determines the validity of the contractual clauses. An adaptation clause envisaged in the contract will make it possible to re-establish an eventual contractual imbalance. The common determination of the constitutive events of the cause beyond control will allow the parties to avoid divergent interpretations in case of litigation. The settlement of disputes amicably must be maintain to preserve the contractual relationship
Hitimana, Célestin. "Les rapports entre le droit pénal national et le droit pénal international dans la prévention et la répression des infractions internationales." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/26656.
Повний текст джерелаAkpoué, Brou. "Le droit privé de l'environnement." La Rochelle, 2009. http://www.theses.fr/2009LAROD018.
Повний текст джерелаThe rules of environmental protection are essentially those of public law. However, the violation of these rules is a source of damage. To repair these damages requires the implementation of rules of civil liability. These civil and trade cases contribute to the emergence of private law of the environment. This aspect of law deals primarily with compensation. Also, environmental damage is very specific. This explains why some concepts borrowed from civil law have been adapted to the end of finding the perpetrators, or more precisely, those required to repair the ecological damage. Furthermore, there is a mechanism in place for preventing ecological damage, but it is limited. It is therefore possible to adapt certain rules belonging to private law in order to develop the prophylactic function of the private law of the environment. It seems possible to instrumentalize the rules of tort law and contract. In addition, it is possible to modify the rules of property right to prevent environmental damage
Bachlouch, Saida. "La prévention et le règlement amiable des difficultés des entreprises en droit comparé franco-marocain." Phd thesis, Université Paris-Est, 2012. http://tel.archives-ouvertes.fr/tel-00846693.
Повний текст джерелаBureau, Fabien. "Evolution du droit pénal en matière de délinquance sexuelle : politique anti-criminelle et prévention sociale." Nice, 2001. http://www.theses.fr/2001NICE0014.
Повний текст джерелаOuabri, Farid. "La limitation des occasions criminelles : l'impact de la prévention situationnelle sur la protection des victimes éventuelles." Paris 8, 2014. http://www.theses.fr/2014PA083949.
Повний текст джерелаTin the fight against delinquency, for a long time, France has stood out at an international level by its model of social prevention. Initiated in the early 80s, this type of prevention aimed to neutralize the etiological factors of crime especially in the priority areas of the political geography of the city. Based on the global approach, major steps were then undertaken, notably in education, housing, employment and youth activities. But without managing to eliminate criminogenic factors and face the exasperation of the victims, the social model of treatment of crime began to bend when another form of prevention appears to be more effective in anglo-saxon countries. Initially discarder for no less than ideological raisons, situational prevention is displayed today in the policies of fight against delinquency as a remedy for the failure of social prevention programs. Focusing more on the protection of victims than the treatment of delinquents, its first objective is to limit criminal occasions through measures making it more difficult, more risky or less rewarding to commit an offense. Following this metamorphosis of policies to prevent delinquency, the present research aims to study the conditions for the introduction and the consolidation of situational prevention in France. On the basis of results of numerous evaluative researches, it intends to support the ideal that this form of prevention is potentially effective in fighting against delinquency, as far the most appropriate for the protection of eventual victims
Mahbouli, Chawky. "Transport et sûreté : de la prévention à l'assurance." Paris 1, 2008. http://www.theses.fr/2008PA010335.
Повний текст джерелаRasse, Gabrièle. "Les plans de prévention des risques technologiques au prisme de la vulnérabilité." Paris, ENMP, 2009. http://tel.archives-ouvertes.fr/tel-00363570.
Повний текст джерелаDuring their creation in 2003 further to the accident of AZF in Toulouse, the plans of technological risks prevention (PPRT) were introduced as juridical tools allowing reducing efficiently the territories vulnerability. Five years later, the question of the contentment of this mission settles. The researches on the notion of vulnerability, illustrated by the results of an inquiry of ground into the concrete application of the first PPRT, is going to show the positive points and the insufficiencies of the juridical answer to the question of the vulnerability of the territories. The first part of this thesis sets out to show beneficial effects procreated by PPRT on the territories. The second part of this thesis compensates this first positive effect showing the insufficiencies of the legal framework given by PPRT
Bambery, Lamott Yami. "La prévention des agressions sexuelles contre les enfants : perspectives juridiques." Master's thesis, Université Laval, 2014. http://hdl.handle.net/20.500.11794/25135.
Повний текст джерелаBarjolle, Cécile. "L'interruption volontaire de la grossesse : de la dépénalisation à la prévention." Paris 5, 1999. http://www.theses.fr/1999PA05P075.
Повний текст джерелаGérard, Caroline. "Obligation de vigilance et due diligence en droit international public : la responsabilité de l'Etat pour les dommages ne trouvant pas leur cause directe dans son fait illicite dans l'ordre juridique international." Paris 1, 2009. http://www.theses.fr/2009PA010290.
Повний текст джерелаCosta, Thales Morais da. "Les actions collectives en droit brésilien et en droit colombien." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D020.
Повний текст джерелаDefined as judicial proceedings aiming to prevent, to stop or to compensate damages to an indefinite number of human beings, collective actions have deeply changed the role of the judge and the one of public administration in enforcing general norms in Brazilian and Colombian Law. Instead of analysing these actions using the concept of collective interest considered by many as an interest located between individual and public interests, this research shows that collective actions can only be understood in the context of judicial review of administrative decisions. Indeed, these procedures represent a step further in the process of giving judges powers traditionally conferred on administrative authorities and allow judges to take a decision in place of these authorities even when there’s no violation of an individual right. Collective actions invite to question the classification of behaviours that might be prescribed by the judge. These behaviours always refer to an indefinite number of human beings, but this relation of one person's behaviour to other persans can be direct or indirect. When it is indirect, the behaviour refers directly to some abjects or to identified individuals. When behaviour refers directly to an indefinite number of human beings, these ones might be identifiable or undetermined individuals. When they are identifiable, they might be in limited or unlimited number