Дисертації з теми "Droit international des contrats"
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Tomeh, Antoine Bachar. "La Stabilité juridique du contrat d'Etat en droit international économique et en droit international privé." Rouen, 2004. http://www.theses.fr/2004ROUED005.
Lu, Shenghui. "Contrats internationaux en droit international privé chinois : comparaison avec le droit international privé français." Paris 2, 2001. http://www.theses.fr/2001PA020037.
Hotte, Simon. "La rupture du contrat international : contribution à l'étude du droit transnational des contrats /." Paris : Defrénois, 2007. http://catalogue.bnf.fr/ark:/12148/cb41105982n.
Moatti, Laurence. "Aspects juridiques des contrats internationaux de compensation." Paris 1, 1992. http://www.theses.fr/1992PA010272.
International countertrade, closely related to debt problems, constitutes a substantial and growing proportion of world trade. There is no international legal regime as regard to this form of trade. Countertrade is a generic term which may be defined as any transaction whereby a sale of goods and or services is related to a reciprocal obligation to purchase goods and or services. This thesis has the ambition to define the specific contractual aspects of countertrade in comparison with other more conventional types of contractual arrangements. In the first part, the main forms of countertrade will be identified, described, and qualified; in the second part, some legal aspects of the most common form of countertrade, namely "counterpurchase", will be analysed. In such a transaction, the exporter agrees to sell goods to the importer and simultaneously undertakes to purchase goods from that importer or from another company, under a separate agreement. One of the main issue under french law is the problem of the counterpurchase agreement validity. The difficulty comes mainly from the fact that the agreement is a frame contract for future sales, leaving some specific terms of the fulfillment. .
Jesus, O. Alfredo De. "La cession du contrat international : Contribution à l'étude du droit transnational des contrats." Paris 2, 2010. http://www.theses.fr/2010PA020040.
Ibrahim, Youssef Ali. "Contrats internationaux d'Etat et responsabilité contractuelle au regard du droit international public." Nice, 1985. http://www.theses.fr/1985NICE0013.
Chanteloup, Hélène. "Les quasi-contrats en droit international privé /." Paris : LGDJ, 1998. http://catalogue.bnf.fr/ark:/12148/cb36989523m.
Lankarani, El-Zein Leila. "Les contrats d'Etat à l'épreuve du droit international : (recherche critique des contrats entre Etat et personnes physiques ou morales étrangères)." Paris 1, 1996. http://www.theses.fr/1996PA010320.
The purpose of the research was to find out whether contracts concluded between states and foreign private entities - "state contracts" - come within the purview of international law, as has been argued in certain arbitration awards and academic opinions which have tended to withdraw such contracts from municipal legal systems and to submit them to the general principles of law which, by reference to article 38 of the statute of the international court of justice, are understood as the third source of international law. After careful consideration of the bearing of the academic opinions expressed both against and in favour of the internationalisation or internationality of such contracts, part 1 of the study focuses on the real meaning, the function and the independent characteristics - both formal and material - of the third source of international law. Our research has revealed that, within the international legal system, this source does not have the legal capacity to extend its prescriptive powers to domains which come within exclusively municipal jurisdiction, i. E. , domains not subject to either customary or conventional international law. This, in turn, led us to try to define, in the light of positive law, the concept of the domain of exclusive jurisdiction in relation to the ground covered by the third source of international law. It has been established that, as far as international law is concerned, "state contracts" do come within the domain of exclusive municipal
El, Abdelli Ouafaë. "La sécurité juridique des contrats d'affaires internationaux." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10075.
Le résumé en anglais n'a pas été communiqué par l'auteur
Szurek, Sandra. "La force majeure en droit international." Paris 2, 1996. http://www.theses.fr/1996PA020050.
Szames, Stéphane. "Les codifications privées du droit des contrats internationaux et le juge étatique." Paris 1, 2000. http://www.theses.fr/2000PA010300.
Collantes, González Jorge Luis. "De l'harmonisation du droit des contrats publics vers la construction d'un droit international des contrats publics." Thesis, Perpignan, 2020. http://www.theses.fr/2020PERP0020.
The harmonization of public procurement law is a legal phenomenon. This phenomenon is characterized by the introduction of rules governing public tenders in order to broaden access to the public procurement market.This phenomenon can be seen from the 1970s onwards and is taking place in different legal contexts: within regional and sub-regional international organizations, within the framework of the World Trade Organization (WTO) and within the framework of Free Trade Agreements (FTA), which leads to differing harmonization and a multiplicity of rules. These rules require harmonization to avoid contradictions and uncertainties. While the harmonization of these rules is not uniform, they share various commonalities: each harmonization is based on the principle of non-discrimination within a Community legal order (as the Union Europe) or non-Community legal order (as the FTA or the WTO Law).In this context, each harmonization introduces transparency rules and redress for the protection of free competition.In addition, free competition involves market protection through the penal law. In that connection, the UN Convention against Corruption and other international treaties are very important; however, the rules of territoriality and extraterritoriality that underpin these treaties raise a question: how many times may a person be punished for the same acts in the context of an international public tender?Moreover, there are various branches of international Law (IL) which intersect and influence public procurement law such as, for example, the IL of labour, the three generations of human rights, the IL of indigenous peoples, the arbitration, etc. Within the framework of economic IL, there are two areas that influence public procurement law: on the one hand, the relationship between WTO Law on public procurement and some IL rules different from WTO Law; and, on the other hand, the assimilation and non-assimilation of the most-favored-nation clause in the context of each harmonization (this clause extrapolates the benefits of an international treaty in favor of a third party).This thesis tries to determine the impact of harmonization on IL. It will be shown that there are various elements for the construction of a public procurement IL under the conventional IL, without losing sight of the customary Law or the “soft Law” or the contracts under the IL of investments. However, it is difficult to speak of the existence of an public procurement IL as a subsystem of international Law that covers uniformly the diversity of existing contracts and the phases or stages of the contract (public tenders, award of the contract, execution of contracts and dispute settlement); but a set of trends in public procurement Law is perfectly perceptible in our time
Laazouzi, Malik. "Les contrats administratifs à caractère international." Paris 1, 2007. http://www.theses.fr/2007PA010295.
Seysen-Guérin, Dorothée. "Le contrat de distribution international." Paris 11, 2001. http://www.theses.fr/2001PA11A001.
Acosta, Joaquin Emilio. "La constitutionnalisation du droit colombien des contrats : contribution à l'étude du droit transnational des contrats." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0274.
Traditionally, the law of contracts of Romani tradition has basically had its source in the law and in particular in the Civil Code. Thus the contracting parties had a great deal of legal discretion, since most of the laws governing contracts had a residual character of the individual will. However, this primacy of the legislature has been limited by the promulgation of the post-war Constitutions. Indeed and incontestably, human rights are the fashion, and this vogue leaves its imprint in the law of contracts. From now on, it is no longer possible for the legislator to violate certain principles having constitutional value. Moreover, this system allows the contemporary constitutional judge to annul statutory provisions that violate such imperatives. Similarly, the guardians of the new constitutions give themselves the power to indicate the interpretation that ordinary judges must adopt of the legislative texts. In this way the constitutional judge becomes an important actor of contract law in the Romanist family. Thus, an event marks a new stage in the development of private contract law: its constitutionalization. This new episode gives rise to the debate on a possible questioning of the contractual civil order
Waked, Rita. "La notion de contrat administratif international à travers l'exemple du contrat BOT (Build, Operate, Transfer) : étude comparée Droit français-Droit libanais." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020005.
Aldmour, Abdullah Mahmoud. "Le recours à l'arbitrage dans le contentieux des contrats internationaux de construction." Paris 5, 2008. http://www.theses.fr/2008PA05D011.
When examining construction contracts and managing construction contract claims and disputes arising under them one notes a number of features which distinguish them from other types of contracts and disputes. If not all these features are found exclusively in constructions contracts and disputes it is at least their combination which gives rise to the particular problems in construction arbitration. This thesis analyses the legal and financial structuring of the international huge projects used for some years in both industrialized and developed countries. It deals with two majors aspects related to state contracts and the huge projects realized by private sector. It examines also the methods of rising disputes from these contracts. Issue based on ADR -Alternative Dispute Resolution- methods, mainly DAB -Dispute Adjudication Board- and DRB -Dispute Review Board. Attention is also given to International Commercial Arbitration and international investment arbitration, how an arbitration concerning an international construction contract is constituted, points related to the appointment of arbitrators, how preliminary objections and questions as to jurisdictions may be dealt with, how the proceedings are conducted, what an arbitral tribunal should do (or not) and how the award should be expressed and executed
Accaoui-Lorfing, Pascale. "La renégociation des contrats internationaux." Paris 2, 2008. http://www.theses.fr/2008PA020030.
Imbert, Philippe. "Les contrats d'intermédiaires du commerce international : contribution à leur étude en droit." Toulouse 1, 1996. http://www.theses.fr/1996TOU1A038.
International trade is constantly expanding for tens years, at a far more important speed than the one of the economies participating to it. A part of this development is attributable to international trade middlemen. Economically, the notion of international trade middleman is a reality. Juridicaly, these middlemen, whose activity consists in concluding or allowing the conclusion of international contracts, are rarely grouped under a single qualification. The legal doctrine is considering separately the "concessionnaires", the commercial agents, the "commissionnaires", the brokers, the export management companies or the merchants. Such a division doesn't help to perceive the activity of these middlemen in the international trade, nor to turn to account their likenesses. Their gathering together in a single category is justified by the answer they give to companies interested in international trade, by the close relation of their contracts with the international sale, or by the common solutions that appear when passing these contracts according to French law (applicable law problem, use of European concurrence law,. . . ). These contracts are discussed, from the economical reality of the middlemen; with the aim to help to their conclusion in accordance with French law. We then consider their international dimension. Finally, we study in the same way five of the principal contracts used by these middlemen, articulating them around the international sale
Audit, Mathias. "Les conventions transnationales entre personnes publiques /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38820313f.
Cavalier, Georges A. "Essai sur le contrat de service en droit international privé." Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/out/theses/2005_out_cavalier_ga.pdf.
The concept of the contract of services has become a central issue in the law relating to the choice of jurisdiction in the European Union, and is prompting deeper reflection on the conflict of laws. It is now on its way to becoming a separate category in the private international law of contracts – a field that may appear saturated, but is still fundamental. The development of this concept, confirmed by a recent proposal known as the “Bolkestein Directive,” opens up new perspectives and raises a number of novel questions in European, French and Dutch law. The First Part of this thesis is devoted to the analysis of the developing concept of the contract of services. It accepts that in French law the test of what constitutes an international service is unclear, for it is indeed much harder to identify the movement of services across a border than the movement of goods. Under European Union law, the “international” nature of services is constituted more satisfactorily by the movement across a border by one of the parties to the contract, rather than by the services themselves. In private international law, the concept of the contract of services remains autonomous, notably in relation to European Union legislation, since much depends on which text is being construed. Private international law treaties show that a contract to provide services in relation to a moveable which is being transferred (a mixed contract), is more readily characterized as a contract of sale rather than of services. On the other hand, a contract to provide services in relation to an immovable is clearly characterized as a contract of services. Part Two of this thesis is less concerned with positive law, and discusses the role which this emerging concept is playing in the ongoing unification of the contractual regime. The growing importance of the freedom to provide services within the European Union – which will be even greater if the Bolkestein Directive is adopted – may raise the “law of the service-provider” from a presumption to the level of a veritable principle: the principle of the country of origin. Eventually, it would only be possible to avoid the law of the service-provider by either the freedom of choice of law or by overriding mandatory rules (“lois de police”), especially of European Union origin. As far as jurisdiction is concerned, the simplification brought about by the Brussels I Regulation makes unification easier, by its interpretation of national texts and its influence on the legislatures of Member States. Indeed, jurisdiction is conferred, not only on the court of the defendant's domicile, but also on the court of the state in which the object of the services was delivered or present, or – if the services are immaterial – the court of the state where they were provide
Lauriol, Thierry. "Les contrats relatifs a l'exploitation des ressources naturelles." Paris 11, 1989. http://www.theses.fr/1989PA111010.
The purpose of this study is a worldwide analysis of the evolution in the structure of the contracts relative to the exploitation of natural resources and in the mechanisms of their clauses. This study aims to contribute to a better understanding of several principles of international trade law and international private law. Part i is concerned with the characterization of the general frame of negotiation seeking a balance between the obligations of the parties on financial and technological grounds. Part ii deals with examination of the execution with a view to analyzing the nature and efforts of several mechanisms, such as the organization of the exploitation and the undertaking of the connected risks
El-Badawi, Mohamed Ali. "L' adaptation des contrats internationaux aux circonstances économiques : ses applications dans l'arbitrage commercial international." Nice, 1986. http://www.theses.fr/1986NICE0021.
Lemaire, Sophie. "Les contrats des personnes publiques internes en droit international privé." Paris 1, 1999. http://www.theses.fr/1999PA010275.
JACQUET, SANO KARINE. "La juridicite de la lex mercatoria." Nantes, 1998. http://www.theses.fr/1998NANT4A02.
The observation of the practice of international contracts leads the following conclusion: international contracts can be written and regulated by some rules other than the ones directly taken from a national law. These rules originate from contracts (general conditions, standard form contracts, usual clauses), from international conventions (conventions establishing uniform law), and from awards (solutions braught out of awards with no determination of a particular national law). A part of the internationalist doctrine wondered about the legal value of those rules. Thus, are the rules produced by merchants to help them in their activity some legal rules? basing oneself on the existence of an anational legal order of merchants, this doctrine demonstrated that it is a third law, called lex mercatoria (new merchant law). In front of lively doctrinal controversies concerning the existence of this legal order, the question of a functional definition of the autonomus regulation of contracts came up. So the function of the concept of lex mercatoria is to point at a set of customary rules, and at a method of resolution of disputes. But renouncing in defining it according to the appeal to the notion of anational legal order, how can its legality be determined? the legality of the lex mercatoria does not need anay systematization to be real. The lex mercatoria is part of the law because it originates from sources of law, but also because it is recongnized by the state-controlled or by the international legal orders, which gradually attributes it the values of a source of law
Alliouch-Kerboua, Naïma. "L'évolution de la pratique algérienne entière de contrats économiques internationaux." Strasbourg 3, 1996. http://www.theses.fr/1996STR30016.
In order to achieve its policy of development Algeria has, for more than thirty years, signed deals with foreign companies. A tradition, very specific to this country, is then born. And from the very first days till our present times this tradition, far from stagnating, has progressed. And it is to this progression that we are going to focus our attention. Thus our primary goal in this analysis is the development of this algerian tradition, which we will call for scientific reasons : practice. In a first part, we will be examining the development of the algerian practice of treating economic deals, followed by a study of the legal litigious matters related to this practice. This progression, in the course of its development, has affected not only the domains of oil industry but also those of investments. This performance in the domain of oil industry which started as early as 1962 is quite obvious. Before its final departure from Algeria, french rulers who wanted to ensure the preservation of their economic interests in this country had simply modified the saharian oil code. In order to put an ed to these privileges, algeria had to initiate several sucessive legislations. The development in the fied of investment is clear and is reflected in the passage from a socialist to a liberal economy, but the commercial deals in litigation went also through another development and at this point we note a certain paradox : from 'internationalisation' Algeria moved towards 'renationalisation'. And actually Algeria is heading towards 're-internationalisation' once more. But behind this paradox there are economic interests. Algeria has made room for itself
Audit, Mathias. "Les contrats transnationaux entre personnes publiques." Paris 1, 1999. http://www.theses.fr/1999PA010268.
Kengne, Gabriel. "Le contrat d'assurance-credit pour la couverture des risques d'exportation." Paris 5, 1996. http://www.theses.fr/1996PA05D014.
French exporters are often obliged to deliver goods abroad or execute the services they were contracted for without receiving full payment. By doing so, they grant the buyer with a credit. These exporters, concerned about protecting their sales, appeal inescapably to several legal techniques -among them the credit-insurance contract- to reinforce the solvency of the foreign debitor or to protect themselves against the non-payment of the debt. Our study will show that the credit-insurance contract for exports, considered as an engagement with en insurer in return of paying a bonus, to compensate the garantors, in the case of nonpayment of the debts by a determined foreign buyer, in a situation of bankrupt or lack of payment, represents an efficient technique to protect the credit to exports, against the failure to pay by the foreign debitor. The efficiency of this protecting technique depends upon the strict observation of the rules that control it, raising from common law and specific measures. This specificity is recognised by certain european directives that impose prudential rules to credit insurers and contribute at the same time to the efficient protection of the contract subscribers of the credit-insurance contract to exports
Cavalier, Georges A. Fulchiron Hugues Struycken A. V. M. "Essai sur le contrat de service en droit international privé." Lyon : Université Lyon 3, 2005. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2005/cavalier_ga.
Thèse soutenue en co-tutelle. Titre provenant de l'écran-titre. Bibliogr. p. 347-398. Index.
Alfadel, Abdessalam. "La loi applicable au contrat de travail international : étude comparative du Règlement Rome I et du droit international privé jordanien." Reims, 2010. http://www.theses.fr/2010REIMD001.
The growing internationalization of the employment relations leads us to wonder about the question of the law applicable to contract of employment. Contrary to Jordan law, the article 8 of the Rome I Regulation devotes specials rules of conflict of laws for this contract. An individual employment contract shall be governed by the law chosen by the parties. Such a choice of law may not, however, have the resulted of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have been applicable. In this hypothesis, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract. Where the law of this country cannot be determined, the contract shall be governed by the law of the country where the place of business through which the employee was engaged is situated. If the contract is more closely connected with other country, the law of this country shall apply. In spite of the existence of certain observations concerning the articulation and the interpretation of the dispositions, this resolution seems today the most appropriate to govern the contract of employment
Desgagné, Richard. "La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.
Ahmed, Farouk. "Le contrat international relatif aux programmes informatiques." Montpellier 1, 2000. http://www.theses.fr/2000MON10025.
Chanteloup, Hélène. "La loi applicable aux quasi-contrats." Paris 10, 1994. http://www.theses.fr/1994PA100167.
The choice of the law rule applicable to quasi-contractual claims supposes that the question of characterization of the quasi-contractual category has to be resolved. Therefore, it was necessary to compare the classification proposed by the French civil code. The quasi-contracts have been defined as "lawful fact which products contractual effects" and have been separated from the principle of unjust enrichment. This definition is a large one, designs the three traditional quasi-contracts : negotorium gestio, payment of a debt not due, unjust enrichment and designs a new one which can be describe as the "theory of apparent situations". The choices of law rules that have been adopted in the French legal system are unsatisfactory. The solution proposed is found on the "proper law approach" provided from mechanical and accidental localization and obliges to consider events which have a consequential relationship with the act leading to the situation. If the quasi-contractual claim arises out of a pre-existing relationship, the law to be applied in all these cases is the law which governed the prior contract or legal relationship. This could more
Kanchanachittra, Phuntip. "L'unification conventionnelle du droit de la vente internationale : règles conflictuelles et droit matériel." Université Robert Schuman (Strasbourg) (1971-2008), 1989. http://www.theses.fr/1989STR30008.
On the observation of evolution of mouvements for international unification of private law, we can state some progressions in the conventional unification of law of international sales. Different from other subjects, these are considered as an exceptional phenomenena in the international legal order. At first, the conventional "unifiability" of law of international slaes is evident, because of two phenomenena: the appearance of some institutional system for international unification of law of international sales and the existence of favorite factors surrounding this institutional system. Secondarily, if we study the legal intrinsic phenomenon, i. E. , the conventional uniform law of international sales itself, this kind of law is perceived. We can notice its substantiality, its techniques and its positivity. Thus, the existence of the conventional uniform law of international sales can not be denied
Ferry, Claude. "La validité des contrats en droit international privé : France - U.S.A." Montpellier 1, 1988. http://www.theses.fr/1988MON10018.
About thirty years ago, a so-called crisis of the conflict of laws appeared. This concept expresses, on one hand, the apparition of "rattaching rules of material character" and of material rules of international private law, on the other hand, the development of a new method of conflict, called "functionnalism" by the american scholars, which is revealed in France by the multiplication of "lois de police" and by the taking into account of foreign "lois de police" in a way not related to the rattaching rules. The hereby thesis is aimed at studying, from a comparative and historical point of view, the phenomenon of the crisis of the conflict of laws in the litigation relating to problems of law applicable raising in contracts validity issues. The comparison of french law with american international private law shows that, although prima facie very different, the two systems of laws provide for similar solutions
Baalouk, Benachir. "La Loi applicable aux contrats en droit international privé marocain." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb375940946.
Ferry, Claude. "La Validité des contrats en droit international privé France-USA /." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb376135987.
Fouquet, Marine. "La notion de choix de la loi entre droit et management : Application aux contrats et contentieux extractifs." Thesis, Rennes 1, 2020. http://www.theses.fr/2020REN1G009.
International contract law is a field of international law that embodies a particular relationship between States, actors of public international order, and investors, actors of private international order, whose contours and developments have been determined by changes in international economic order. Doctrines and practices of legal professionals and international trade theory have indeed largely contributed to the structuring of this field of law at the border between public international law and private international law. Private international law, through its conflict of law rules and the principle of autonomy, has long studied the question of choice of law. But today, within this normative space, crossed by diverse legal practices and uses, a paradigm reversal seems to emerge. Indeed, today international law is no longer only made up of the rules of law of States and international organizations, it is the law chosen by practitioners of international law that participates in the construction of this normative space. The object of this research project is thus to study the choices in international contracts, through the study of extractive contracts, contracts where par excellence this issue arises. This question of choice of law has long been studied in private international law, notably through the principle of autonomy. However, today other fields of law need to be analyzed. Business law, investment law, social law, for example, constitute this transnational law which seems today to be a more suitable framework for analysis. A practice-based approach, through the study of cases, was followed in order to better understand the articulation between the international strategy of firms and the legal strategies and practices followed. This original approach by legal and management sciences also allows a more global reading and adapted to current issues of international contract law which evolve in a complex and globalized environment. This angle of study of international contracts contributes to an analysis that takes into account all the parties involved in a contract, in the light of positive law
Daio, Pascoal Lima Dos Santos. "L'État et ses contrats internationaux : contribution à l'étude des contrats d'État conclus par la République de São Tomé et Príncipe." Paris 1, 1992. http://www.theses.fr/1992PA010293.
This thesis is aimed at the analysis of the above subject based on the theory of contracts on the north-south level. A preliminary title is centered on the analysis of the concept of states contracts. It is discovered that this is an incertitude on terminologies studies while the mono disciplinary approaches did not allow a proper appraisal of the complexity of the phenomenon of states contracts. This being so, it seems to us that a pluridisciplinary approach should be adopted which pleads in favour of parallelism among states contracts and other categories of administrative contracts withen the legal existence of such categories in the country. The first part examine the legal aspects of states contracts in the first place, it examined the economic aspects of the constitution. And on the other hand, it analysed the different instruments for the investment promotion. At the internal level it concerns the decree n° 14 86 on investment codes. On the internal level, it covers the CEE ACP convention on the economic integration for the states in central africa. This will also extend to the Washington state convention of 18 3 65 concerning the settlements of disputs among states and the nationals of other states with the insertion of an arbitration clause (cirdi). In the second part, the questions relative to the legal system of these contracts. Their formation is a fact for an initial development. Finally the execution of the contract could encurve in its perspective, the difficulties of contract arbitration through the international mechanism. The settlement could be on the interpretation of the basic law of investment promotion or on the interpretation of contractual stipulations due to a compensatory clause fixed within the contract
Bettems, Denis. "Les contrats entre Etats et personnes privées étrangères : droit applicable et responsabilité internationale /." Lausanne : Méta, 1988. http://catalogue.bnf.fr/ark:/12148/cb410201845.
Edderouassi, Meryem. "Le contrat électronique International." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD009/document.
Reflecting on the regulation of international electronic contracts has taken in recent years, an unprecedented scale.The increased use of electronic communications internationally participates remarkably improve the efficiency of economic and social activities, to strengthen relations between States and to offer new market opportunities to the parties and to previously isolated markets .For this reason, the adoption of uniform rules that will remove barriers and enhance international electronic contracts could strengthen legal certainty and commercial predictability for international contracts and may help States gain access to modern trade routes.International electronic contract constitutes a new sphere that deserves an analytical research to award him legal certainty necessary for its development.This research aims, therefore, to develop a systematic analysis of critical current regulations governing international electronic contract and then examine the existing texts today in light of expectations of the time.It aims to find the legal means to ensure greater security at international electronic contract
Train, François-Xavier. "Les contrats liés devant l'arbitre du commerce international : étude de jurisprudence arbitrale." Paris 10, 2001. http://www.theses.fr/2001PA100103.
The international arbitrator is frequently asked to adjudicate disputes concerning groups of contracts, that is, disputes concerning various interrelated (or interlinked) contracts between two or more than two parties. A contract is related or connected to another contract where the former participates in the achievement or transformation of the latter - called the basic contract. This functional definition of the related contract is made without prejudice of its legal status, which may be either unified or separate, depending on the nature of the links that tic it to the basic contract, in other words, depending on the structure of the contractual group of which it forms a part. Globally, since the interrelated contracts are entered into between more than two parties, the contractual scheme so created is a separate one because of the res inter alios acta effect of the arbitration clause that empowers the arbitrator. In the matter of interrelated contracts submitted to arbitration, the principle is the harmony between the procedural status and the substantial status. Thus, the unified group of contracts is unified on jurisdiction (procedural status) as well as it is unified on applicable law and substance (substantial status) ; symmetrically, the separate group of contracts is separate on jurisdiction as well as it is separate on applicable law and substance. Accordingly, depending on the type of the group at stake - unified or separate - the arbitration clause, the law and the sanction on the merits which apply to the basic contract are or are not extended to the related contracts. But this harmony of the procedural and substantial status of the group of contracts is applicable unless otherwise agreed between the parties. Absent harmony, the parties create a pathological group of contracts because this group does not have the same status on substance and on jurisdiction : unified on their substance, the contracts are separate on the procedure, or conversely. Such an intentional breaking off of the harmony between the procedural status and the substantial status of the contractual group gives rise to inconsistency between two contractual provisions - the procedural status on one hand, the substantial status on the other hand - contained within one agreement - the group of contracts as a whole. In order to resolve this inconsistency, the arbitrator shall take into consideration the matter in dispute, the limits of its jurisdiction as well as its powers upon the contracts which do not fall within the limits of its jurisdiction. Accordingly, pursuant to the effective interpretation principle, the arbitrator shall implement simultaneously the contradictory status whenever possible. However, since the procedural status and the substantial status cannot be implemented simultaneously, that is, if they cannot be reconciled, the arbitrator shall make one of them prevail over the other one by setting aside an express provision agreed by the parties. Consequently, the group of contracts is brought back to the harmony of its procedural and substantial status, and then to a harmonious seulement of the dispute arising out therefrom
Bennani, Ali. "Les contrats FIDIC." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD073.
The FIDIC ContractsThe International Federation of Consulting Engineers (FIDIC), participating in a global trend of creation of the rule of law by private organizations, elaborates and issues the FIDIC contracts. These contracts are standards widely used in major international constructionn projects by the main actors of international construction market. The FIDIC contracts participate to the transnationalization of the applicable law to such major projects. This transnationalization raises the question of the existence of a lex constructionis, a specific derivative of the lex mercatoria. In order to answer the question of the existence of the lex constructionis, the author procedes to the study of the formation and the application of the FIDIC contracts
Mustafa, Bashar. "La Perturbation des principes contractuels en raison de la survenance d'une crise politique internationale : l'exemple du Proche Orient à partir de 1945." Reims, 2001. http://www.theses.fr/2001REIMD003.
The political crisis influence the contract in its formation and its execution. In cas of political crisis in the international law there is two principles. The first one is the interdiction of commerce with the enemy. The other one is the interdiction of commerce with the agressor. The distinction is that for the first one there isn't an intervention of U. N and with this intervention for the second principle. In the other hand there is two principles wich made the basis of contract. The first one is with one accord, and the second one is the licitly of this accord. All of this principles find there places in the formation and execution of contract. The contractor can use an interior mechanism or an extern mechanism of his contract to draw aside the consequences of the political crisis
Almeida, Prado Mauricio. "Le hardship dans le droit du commerce international." Paris 10, 2001. http://www.theses.fr/2001PA100176.
This study aims the definition of the hardship in the international business law. In order to accomplish this objective we have verified the admission and the characteristics of the hardship in the different fiels where the subject is ruled. In this sense, we were able to demonstrate the diversity of remedies that are proposed by different national laws (in this case, French, American and Italian laws). Our analysis of the main international conventions (Hague 1964 and Vienna 1980) has permitted the conclusion that the ambiguity of such texts causes the uncertainty of the content of such rule. We have also been able to show the evidence of the developments of contractual practice regarding the hardship, which has both sophisticated, with respect its structure, and consolidated as an instrument widely known by the international community. In the lex mercatoria field, we could conclude that arbitrators recognize the existence of such rule, despite its unclear outline. This difficulty was settled with the outcome of the Unidroit Principles and the European Principles, which, except for certain specific points, seem to reflect the lex mercatoria content. Therefore, it seems possible tous to conclude that the hardship is one of the most developed institutes to assure "equity" in international affairs, without questioning the "safeguard of the contractual relationships"
Bramban, Bernard. "Le principe pacta sunt servanda en droit du commerce international. : Etude critique d'un principe de droit transnational." Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00956171.
Piacitelli-Guedj, Aurélia. "Le droit international privé de négociation précontractuelle." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111019.
In a context of globalization, facing increased trade and the increasing complexity of international contracts, pre-contractual negotiations take a special dimension: creating new obligations, stretching the length of talks, multiplications of preliminary contracts, are leading to transform this simple transition in a primordial stage of contracts. The different phases of negotiation between international partners and will generate interest litigation private international law.Indeed, the legal negotiation differs from one legal regime to another. Common law countries adopt an individualistic principle for talks with extensive contractual freedom, whereas civil law circumscribes the freedom of contract in respect of a duty of good faith. Therefore, it is essential for the parties to know with certainty the law applicable to their pre-contractual relationship.However, the existing conflict rules, supposed to guarantee the legal security of the negotiating parties by ensuring predictability solutions are not appropriate at this time. In this perspective, the purpose of the research focuses on considering the specificities of the pre-contractual period and issues of private international law relating thereto and attempts to provide effective responses by providing conflict rules adapted to ensure legal certainty aspired parties to the negotiation
Zarkalam, Satar. "La mission non juridictionnelle confiée aux tiers en vue de la résolution des difficultés contractuelles : étude du droit français et de la pratique du commerce international." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30020.
The present research is devoted to the study of alternative methods of settlement of difficulties arising during the conclusion and the execution of civil and commercial contracts, both domestic and international. These methods can intervene either when there is no dispute in the legal meaning of the term, or when such a dispute exists. In the first case, a third party can intervene either in the quality of mandator for the parties, or as a simple expert. In the second case, the mission entrusted to the third party consists either in the proposing a compromise, or in imposing an interim solution during the pre-arbitral phase
Sana-Chaillé, de Néré Sandrine. "Les difficultés d'exécution du contrat en droit international privé." Bordeaux 4, 2001. http://www.theses.fr/2001BOR40030.
A contract requires security. However this security is suppressed when there is an international element to the contract. Can private international law restablish this security to the contract? This is in simple wors the question that this research has had he task to answer. More precisely, the purpose has been to measure the capacity of reaction of private international law to the problem relating to the execution of a contract. The factor revealing the insecurity in a contract in which has an international element will often be a difficulty in the execution of that contract. The existence of more than one juridiction potentialy competent and the diversity of laws capable of being applied. .
Raobelina, Fanjamalala. "L'harmonisation du droit de la vente aux consommateurs dans l'Union européenne : Réflexion à la lumière de la directive (UE) 2019/771 relative à certains aspects concernant les contrats de vente de biens." Electronic Thesis or Diss., CY Cergy Paris Université, 2023. http://www.theses.fr/2023CYUN1267.
The contract for the sale of goods constitutes a lever for cross-border trade in the Union, the European legislator therefore governs certain aspects. Directive 1999/44/EC reformed by Directive (EU) 2019/771 and Directive 2011/83/EU thus include rules common to Member States, specific to sales. The choice of the specific study of these rules is due on the one hand to the fact that, economically, it is the most common contract on the internal market and on the other hand, to the fact that, legally, the sale remains the archetype of the contract in EU law, thus serving as premises and models for European legislation on consumer contracts