Дисертації з теми "Évolution du droit de la famille marocain"
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Selmaoui, Hasna. "Le droit civil marocain : entre droit musulman et droit français." Toulouse 1, 2006. http://www.theses.fr/2006TOU10046.
Повний текст джерелаLamaddeb, Badreddine. "Le traditionnel et le moderne en droit marocain de la famille." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10044/document.
Повний текст джерелаOn 5 February 2004, the new Moroccan Family Code came into force after being unanimously voted by the Parliament. This reform is a major event in the history of Morocco and a pioneering experience which begins to serve as a model in the Arab and Muslim worlds. It caused within Moroccan society a radical change because it was unthinkable to touch the Moudawana. Discrimination and inequality against women and girls in the former text have been justified by reference to the rules and laws of classical fiqh which often incompatible with social reality. To establish the modernist and democratic choice in a changing society, the Moroccan legislator desacrilizes this subject to meet the demands of modernity and safeguard the stability of the family unit. The reform has a Muslim base, but it opens itself to changes in society by renouncing all concepts that undermine the dignity and humanity of women and by providing basic guarantees to strengthen the legal, judicial and administrative protection of the family institution. The new Family Code also brings a change for Moroccans living abroad who were, under the old Moudawana, found in weak legal situations. The reform will reduce opportunities for conflicts in the Moroccan-European relations but without completely removing them because the attachment to certain rules of Islamic law may seem like an opposition factor between a religious system and a secular one
Sfendla, Dyaa. "Couple et Famille : Étude comparative des systèmes juridiques français et marocain." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0110.
Повний текст джерелаThe consecration of the legal notion of couple by the law of November 15th, 1999 allowed the recognition of new forms of conjugality within the Civil code. To the legitimate family formerly valued by the Napoleonic code succeeds a family constituted by a couple, married or not, by a different or same-sex sex. If the recognition of the autonomy of the notion ofcouple emanated from a will of adaptation of the law to the facts and the new values of the society, the recognition by the legislator in 2013 of the marriage between same-sex people attest of an ongoing process of dematrimonialization of the family law. It seemed useful to put in perspective the evolution which knew the French law on the subject. In this respect,the compared approach reveals the contradictions and the assets of the conceptions renewed of the couple and the family.Especially, she allows to open on another way of conceiving the family relationships, particularly within the Moroccan legal system which knows number of social transformations. The attention had too much concerned the differencesbetween the western legal systems and the systems of Islamic inspiration in family subject, without being interested in their underlying causes. Such an attitude takes away from the comparative approach and encourages a one-way reception of a legal system by the other one. The choice of Morocco as country of comparison is not fortuitous. The latter proceeded in 2004 to the reform of the family law by paying a particular attention on the requirement of equality. All the challenge for the legislator is to set with the modernity by adapting the right to the evolutions of the society, in the respect for the foundation of the political and social system: the Islam. The study of the rights of the family of both legal systems has not for object their rapprochement, because the answers brought to the family question are not the same. However, the individual remains at the heart of the reflexion, and the rule of law is called to assure its classic function of organization of the society. It is more a question, in this work, of building a bridge to favor a communicability betweentwo different legal systems
Moufadil, Ouiçal. "L'évolution du droit de la femme au divorce à l'épreuve de la pratique juridiciaire en droit marocain." Perpignan, 2014. http://www.theses.fr/2014PERP1191.
Повний текст джерелаThe Moroccan Family Code, which entered into force on 5 February 2004, encompasses all aspects of individual rights: marriage, filiations, divorce…It was drafted through the impetus given by the King Muhammed VI, with the desire to comply with international treaties signed by Morocco, with respect to Moroccan cultural traditions based on Islam. Substantial reforms have thus been adopted with a modern wording enshrining equality between men and women. The institution of divorce has thus been modernized in order to address the blatant inequality that existed between spouses in relation to the dissolution of matrimonial ties. The legislator has sought to establish a certain balance in favor of the wife who had an illusory divorce right under the empire of the former codifications. The New Family Code has certainly brought a substantial improvement to the right of Moroccan women to divorce through the judicialisation of this institution, through the institution of divorce on grounds of discord (shiqaq), through the broadening of grounds for dissolving matrimonial ties in favor of the wife… The benefits are very important; however their effectiveness essentially depends on the interpretation of the judges and their ability to evaluate each situation. After years of implementation, it would be opportune to consider the concretization of the Moroccan woman’s right to divorce by analyzing the achievements and efficiency of Moroccan judicial authorities in this matter. The present thesis has endeavored to study the evolution of the right of women to divorce to the test of judicial practice under Moroccan law
Boussahmain, Rabia. "Le divorce pour discorde en droit marocain sous le nouveau code de la famille." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0004/document.
Повний текст джерелаRestoring the equality disrupted between spouses is one of the big issues which motivated the claims to reform the family code in Morocco.The new divorce on the ground of discord is to grant women the right to free herself from the marriage bond without providing a cause, same as the right of men of repudiation.The discord procedure, which is purely religious, aims at answering the religious terms of reference and restoring the equality between men and women when the marital bond is terminated.However, the legislative regulation in this institution hides a consensus between the two parties: conservative and traditionalist vrs the one in favor of promoting women’s right. This affect the practice of the law case and the apprehension of doctrinal nature of the divorce procedure. It also presents a threat to the classic causes of divorce and even to the repudiation
Akhdi, Si Mohamed. "Le divorce en droit international privé : approche juridique entre le système français et le nouveau code marocain de la famille." Nantes, 2015. http://www.theses.fr/2015NANT4011.
Повний текст джерелаGorfti, Ilyass. "Le mariage et le ministère public, partie principale : une étude de l'évolution du droit marocain à la lumière du droit français." Thesis, Toulon, 2013. http://www.theses.fr/2013TOUL0069.
Повний текст джерелаThe family law has been contracted, and is giving more importance to individual wills. Since marriage is a very important act, the state always has to intervene in this subject. The institutional dimension of marriage reflects the controlover marriage and family matters from the public prosecutor. Since 2004, the public prosecutor represents one of the most important parties in Moroccan family law. He can take anyaction to reinforce the provisions of the Family law. The external observer could only be pleased by such a reform. However the provisions of the family law remain contradictory. Article 3 of the Family Code, and the Article 9 of the Civil Code Procedure, promulgated two texts on the same day that are contradictory. It is clear that marriage and public prosecutor raise many questions. Generally, what is the current status of these two institutions and how do they progress? this question is precisely what our work aims to answer. To carry out our study, it was important to focus on the solutions founded by French law, when it faced issues similar to those that Moroccan lawis currently dealing with
Daoudi, Zaynab. "La polygamie et la répudiation en droit marocain et dans les relations Franco-marocaines." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20024.
Повний текст джерелаThe reception of polygamy and repudiation by the French international legal order has evolved, fluctuating between tolerance and rejection. Placing us in the specific context of French-Moroccan relations, we have sought to verify to what extent the reform of these two institutions, introduced by the new Code of family in Morocco, could provide them a better reception. But before, we thought it useful to review their history and their evolution under Moroccan law. Then we reviewed the difficult course of their " immigration " in France, the different jurisprudential dislocations that they underwent, and the more severe intervention of the public order now based on respect for such fundamental rights as dictated by the ECHR.Far from resolving all disputes in this area, the French - Moroccan agreement of 10 August 1981 revealed its shortcomings and limitations. The ambition of this work was then to offer some solutions inspired for some of them by the doctrine, such as the adoption of new substantive rules or the theory of reciprocal accommodations
Mazouz, Asmaa. "La réception du Code marocain de la famille de 2004 par le droit international privé français : le mariage et ses effets." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA028/document.
Повний текст джерелаThis work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems
Lajevardi, Seyed Vahid. "Le mariage et ses évolutions : études comparatives de droit francais et de droit iranien." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30049.
Повний текст джерелаThe sociological evolution in both countries over the past 50 years has been fast. The concept of family has evolved through time and place, based on different periods and different societies along with the development of nuclear family. For a long time marriage has been considered as a way for men and women to build a family. Today in France, marriage is not the only way to build up a relationship between men and women and especially to start a family or sexual relationships. There exist various family life styles. Contemporary societies are characterized by pluralism: marriage-based families, non marriage-based families. According to the law in Iran, the custom of marriage is the only way for men and women to be on a relationship.In fact, what is considered as a great menace to the family in each society is the exaggerated individualism and split families. Extreme individualism can be analyzed as a factor for individuals to evade responsibilities. Consequently people become indifferent to the social concept of family and do not play their role as vectors of the social values anymore, like educating the children, the transmission of the culture and of the social morals of the family.In our thesis we will talk about the social status of marriage in Iran and the standing of religion regarding marriage, we will make a comparison between Iranian and French Law, talk about the Shiite law which, thanks to its flexibility, can be a tool for advancing the reforms of family and marriage rights and for helping solve the current problems of Iranian society based on a religious framework.In Iran reforms are necessary to protect families. The family has been changed throughout social evolutions; therefore for society to function properly, it is absolutely necessary for the law to be in keeping with these evolutions. These changes of society structure started more than 30 years ago but the law has barely evolved. This detailed and thorough study of the two legal systems, their comparative analysis can be a great help towards promoting today necessary but reverent evolution of our values
Niang, Fall Satta. "Lestatut juridique des femmes et de la famille espagnoles : les influences de la constitution de 1978 sur leur évolution." Paris 8, 2000. http://www.theses.fr/2000PA081905.
Повний текст джерелаBen, Zliha Mariam. "De la discursivité du droit de la famille marocain sous Mohamed VI : une orientation politique du processus des réformes et sa représentation." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA010.
Повний текст джерелаThe question of the status of women is often treated in terms of clashes between conservative and modernist currents, and it is uncommon to find an option which does not fit into religious fundamentalism or Western mimicry. However, despite the dominant role of the Moroccan monarchy in the field of family law, and the evolving role of Moroccan Islamism, it is possible to reconsider the debates on legislative reforms and the principle of equality within the family. The traditional analyses that oppose Islamism to feminism can be surpassed through the creation and development of an endogenous and local feminism that questions gender relations at work and patriarchy, and where islamism is not excluded. This involves questioning the grids of binary analysis that oppose modernity to tradition and give up the excessive use of these notions in an antagonistic sense. Our research seeks to emphasize the importance of a multidisciplinary approach since feminist issues are, in our context, at the crossroads of politics, theology and law. The analysis of political, legal, militant and academic discourse involves the analysis of the role of the state in the production of the legal norm, as well as the position of Moroccan Islamist and feminist currents. The purpose of our thesis is to begin a deep reflection on the French-speaking intellectual production about Moroccan family law and the different positions that fall within this framework
Benjamaa, Hicham. "Banques spécialisées et évolution de la réglementation bancaire au Maroc : contribution à l'histoire du droit bancaire marocain depuis l'Acte d'Algésiras de 1906." Perpignan, 2010. http://www.theses.fr/2010PERP1015.
Повний текст джерелаThe specialized banks are institutions which are distinguished from others by the exercise of one or more specific activities. It is this specificity that makes theme unique and gives them a special character, despite the diversity of their statutes. In Morocco, as in many countries, specialized banks have undergone significant changes. This is linked to changes in regulation and changes in the banking landscape, during the past few decades. Since the entry into force of the first Moroccan banking law in 1943, until the present day, the banking industry has changed profoundly. Thus, the specialized banks now operate in a deregulated environment, characterized by the end of the partitioning of banking structures and dominated by the principle of ''universal bank’’ granting the credit institutions the opportunity to exercise all activities and to provide their customers all goods and services that exist on the market. This explains why specialized banks are subject to the constraints of an environment increasingly competitive and constantly changing. Therefore they must make a huge effort for being in tune with the rules of the new banking landscape. This requires the implementation of new strategies, and also a renewal of their identities
Zouggarhe, Mina. "L' évolution du droit de la famille au Maroc : de la Moudawana al -ahwal chakhsia wa al-irt à la Moudawana al-usra." Perpignan, 2009. http://www.theses.fr/2009PERP0859.
Повний текст джерелаStudy of evolution of family law in Morocco, to analysed the historical conflict ,modernist-conservative, and its influence on then situation of Moroccan women. The conflict occurs in then one hand, between the left which while basing on the international reference and on the other hand. Conservatives reject any idea of change or reform, for fear of giving up Sharia. Since the promulgation of the code of personal status, from any complaint about modification, polemics busted and difference, dividing society, require each time the King intervention. The royal refereeing to approach to the two trends which aim was to appease the political situation in Morocco, from which corne the king intervention in 1992, to stop politicising women's question. Indeed the family code promulgated on October, 1Oth in 2003, attempted to establish the principle of equality between men and women in some domains: marriage, divorce and strengthening of children rights. After years of application, spouses corne up against difficulties to do everything possible for the new law for family; the increase of minor's weddings and the stagnation of project of social mutual aid. And ignorance of the courts to DMA to establish paternity
Bracchi, Enrica. "Les mots de la filiation. La question de la procréation dans l'Italie contemporaine : évolution de la réglementaton et de la terminologie dans le domaine du droit de la famille." Thesis, Paris 10, 2010. http://www.theses.fr/2010PA100158.
Повний текст джерелаThe words relating to parental affiliation. The question of reproduction in modern Italy: the evolution of the rules and terminology in the field of family law. From parental affiliation... to « new » types of parental affiliation: in our dissertation we have retraced the most important changes which took place during the last ten years (1999-2009/10), looking at links between children (minors) and parents. Our inter-disciplinary and cross-disciplinary approach gave us the possibility of offering an explanation of this major societal phenomenon as well as to analyse the most important characteristics, from three standpoints: legal, terminological and societal. Thanks to the study of the development of the detailed rules of Italian law with a special emphasis on the different types of family today, and of the various forms of modern parental affiliation, we have identified a « macro-language » specific to these « new » types of parental affiliation and families, composed of many « micro-languages » (from the viewpoints of adoption, medical assistance with conception and surrogacy of maternity, parenting and parenthood, and families). We have used (legal, sociological, psychological, media, etc.) terms as a mirror and as a magnifying glass to analyze questions such as the rights (not) accorded to the new filiative, parental and family situations; the identity (re-)construction of the children and the people playing the role of parents in these new situations; the freedom and the (ir)responsibility of the individuals, the States and society when facing changes in the relations within the family. Parental affiliation has gone from having a private, individual and intimate dimension, to a public and political dimension, in a national, European and even international context. Our reflection thus covered Europe, and the possibility of the implementation at the same time of a European family law with standardized, common terminology
Clément, Eloi. "Les caractères de l’influence de la victime en droit pénal." Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G012/document.
Повний текст джерелаThe victim of the offense has some influence on the formation and qualification of it. Beyond their differences, the rules of criminal law and special evoking the victim have certain common characteristics , which leads to the conclusion that the influence of victim in criminal law is generally consistent , if not homogeneous . First, the criminal law generally allows to take into account that only factors relating to the personality or behavior of the victim which are knowned by the offender. The influence of the victim is a subjective . Only a few characteristics of the victim whose knowledge the agent would be too difficult to prove can be considered objectively . Second, the offense is a special event , distinct from other types of damage which the civil or administrative laws try to repair . Criminal victim is thus distinguished civil or administrative victims. This is why its influence obeys specific criminal criteria. There may be specific criteria criminal law . There are also existing criteria in other areas of law, but put together by the criminal law in a category of its own . However , criminal law is constructed by reference to the offender , the reference to the victim is a secondary variable. Criteria influence the victim sometimes deserve to be harmonized , especially as they vary in time and space . Every social organization promotes its own conception of criminal victim
Morin, Christine. "L'émergence des limites à la liberté de tester en droit québécois : étude socio-juridique de la production du droit." Thèse, 2007. http://hdl.handle.net/1866/2537.
Повний текст джерелаFormerly the freedom of wiIling in Quebec was considered to be "unlimited", which meant that its scope was such that the deceased could refrain from bequeathing any property at aIl to his or her spouse or children. Following the introduction of legal measures on compensatory allowance and, more particularly, provisions concerning the family patrimony and the survival of the obligation of support, the scope of this freedom is no longer as alI-inclusive as it once was. Although Quebeckers remain free to determine via their last wiIls and testaments to whom they wish to bequeath their property, henceforth their margin of freedom is limited by the preceding legislative changes which entitle the surviving spouse and immediate family of the deceased to claim to certain amounts from the succession, whatever the last will of the deceased may have been. As such, the patrimony upon which the testator now exercises freedom has ceased necessarily to be that which the deceased had control over during his or her life and marriage. It is thus no longer possible to refer to Quebeckers' "unlimited freedom" of wiIling. The emergence of limitations in testamentary freedom in the Civil Code invites us to question the reasons and foundations for this shift in the freedom of willing and, incidentaIly, the more general issue of the reform and evolution offamily law in society. To address these issues, this thesis is founded upon a socio-Iegal approach according to which it is essential to seek out the basis of the evolution of law from within the social representations valued in a society at a given time in its history. Beginning from the postulate that it is the changes in social representations that help to explain the transition from a social rationality to a legal rationality, this thesis illustrates by what actors, foIlowing which lines of logic and to what end these limitations in the freedom of wiIling were introduced into Quebec law. Such an approach to the evolution of the law on the basis of social representations thereby helps "to enlighten" the commonly expressed idea whereby law is a mirror image of mores. Based upon an analysis of social representations recorded and retrieved in the discourse of different social actors, including briefs tabled before the National Assembly and proceedings in the Journal of Debates, parliamentary committees, as weIl as decided cases, doctrine and statutory texts, this thesis seeks to demonstrate how the changes which led to the restriction in testamentary freedom in Quebec extend far beyond perceptions evoking family and patrimony as is generaIly claimed. The introduction of limitations in the freedom of willing in the Civil Code seems rather to result from a compromise between the evolution in social representations regarding family relationships and the evolution in social representations regarding law, more specifically with regard to the functions of law in society and the conditions underlying the law's systemic coherence. Lastly the analysis of this evolution makes it possible to observe that while the law governing successions was for a long time a "component" of property law, henceforth it has specifically gravitated to being a "component" of family law.
"Thèse présentée à la Faculté des études supérieures en vue de l'obtention du grade de docteur en droit (LL.D.)". Cette thèse a été acceptée à l'unanimité et classée parmi les 10% des thèses de la discipline.