Дисертації з теми "Judiciaires"
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Civard-Racinais, Alexandrine. "Les journalistes de l'information judiciaire écrite et leurs sources judiciaires : interaction et négociation." Paris 2, 1999. http://www.theses.fr/1999PA020044.
Повний текст джерелаJoly-Hurard, Julie. "Conciliation et médiation judiciaires /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/388785454.pdf.
Повний текст джерелаJourdan, Julien. "Gendarmerie et pratiques judiciaires." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32000.
Повний текст джерелаInescapable actor of the safety of the French people, the National Gendarmerie is a state police force which insures the law and order of our country for several centuries. However this strength of safety is not alone to hold this role, because the other actors also work in this domain. If various texts govern the organization of these various strengths of safety, their repressive frame of action is governed only by a single code: the Code of criminal procedure, which defines strictly the possibilities of investigations and the coercive powers of these actors, while guaranteeing the respect for the personal freedoms. From then on, if a single code governs the common law, we can wonder to see evoking the specificity of one of the actors, the gendarmerie, in the judicial domain. The object of this study is exactly to establish that while respecting the measures of the Code of criminal procedure, the gendarmerie, because of the peculiarity of its military status, and its territorial presence has a judicial practice which is appropriate for her. So, the gendarmerie practises its mission of Criminal Investigation Department differently from the other repressive actors. This peculiarity enriches the police plurality, and strengthens the autonomy of the justice, while contributing to the separation of the powers. The specificity of the gendarmerie thus joins in a dual police system, and results from its militarité. To understand the militarity of the gendarmerie, and its importance for the judicial level, it is thus necessary to know its history, knowledge that its development was made by taking into account vast territories on which she insures the law and order, to describe her application of the military methods in her missions of police. All this allows then to arrest better the judicial practice of the gendarmerie, while trying hard to put her in perspective with the dual police system, which evolves henceforth within a unique ministry of the internal safety
Joly-Hurard, Julie. "Conciliation et médiations judiciaires." Paris 2, 2002. http://www.theses.fr/2002PA020064.
Повний текст джерелаGouttenoire, Adeline. "L'enfant et les procédures judiciaires." Lyon 3, 1994. https://scd-resnum.univ-lyon3.fr/in/theses/1994_in_gouttenoire_a.pdf.
Повний текст джерелаGouttenoire-Cornut, Adeline Rubellin-Devichi Jacqueline. "L'enfant et les procédures judiciaires." Lyon : Université Lyon 3, 2006. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/1994/gouttenoire_a.
Повний текст джерелаBerbiguier, Céline. "La communication du dossier pénal." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32059.
Повний текст джерелаPerret-Richard, Françoise. "Les dispositifs des décisions judiciaires civiles." Saint-Etienne, 2001. http://www.theses.fr/2001STETT062.
Повний текст джерелаPayan, Philippe. "Le sursis à statuer du juge civil après mise en mouvement de l'action publique : retour sur la règle "Le criminel tient le civil en état"." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32051.
Повний текст джерелаThe article 4, paragraph 2 of the Code of criminal procedure states that the judgment of the civil action is deferred until public action is definitely pronounced. This provision of criminal procedure aims to rule the civil trial on claim of damages repair of damage caused by a beach of law. Classically, this rule is expressed by the adage "criminal action takes precedence over civil action". But a recent reform, stemming from the law N°2007-291 of March 5th 2007, brought important amendments to this rule. Indeed, a brand new paragraph 3 states that public action does not impose suspension of other actions judgments, which means that civil actions, even if the decision to intervene on the criminal aspect may play a role on the outcome of the civil trial. What are the consequences of the new writing of article 4 of the Code of criminal procedure? On the one hand, the rule "criminal action takes precedence over civil action" is now limited to the civil action while previously it applied to any actions in connection with the breach of law. On the other hand, the civil judge is not obliged any more, but can nevertheless suspend the judgment, of civil action. In other words, the deferring of a judgment by the civil judge after stake the public action is put in movement in either compulsory or optional. This duality in the dilatory exception is an answers to a chronical debate upon the opportunity of the rule "criminal action takes precedence over civil action". But it does not solve all the questions, in particular that of its justification and that of its misuse. This study thus proposes solutions as for the base of the adjournment (authority of the penal) and as for the sanction of its abuse. Finally, the reform of March 5th, 2007 remains silent regarding the consequences of a contradiction between a civil judgment and a criminal one. However, the Supreme Court recently consecrated the applicability of the appeal for contradiction of judgments when a contradiction appears between the civil and the criminal jurisdiction. The "new" adjournment of the civil judge after public action is put in movement has now a strengthened justification and a rationalized implementation
Tomeba, Mabou Gynette. "La réparation devant les juridictions judiciaires internationales." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA002/document.
Повний текст джерелаThe requirement to fully repair a damage is a well-established principle in different areas of international law. International judicial courts are particularly called upon to deal with this issue. The concept of remedy has evolved over time. This concept has reached a major turning point with the recognition of the status of the individual, beneficiary and debtor of the obligation to repair. Its terms are not the same depending on the international court in which it is contemplated and reparation is not only the modality pronounced as such, but it is also and especially the implementation of this modality. Monitoring the performance of reparation decisions is thus a key to the effectiveness of the latter. On this point, state support is even more essential that the international courts have an important limitation: the lack of binding force to enforce their decision. Moreover, the role of non-state entities should not be underestimated in the reparation process, especially that of civil society. It is interesting to see how the current practice of reparation before various international tribunals is articulated, considering all these factors. It should also be noted that despite a context of multiplication of international courts, it complex challenges remain in this area. The child soldier issue, both perpetrator and victim of violations of international law is particularly eloquent. With their remedies, international courts contribute to the respect of international legality
Zamaria, Gilles. "Santé et droit : les experts médico-judiciaires." Paris 8, 2000. http://www.theses.fr/2000PA081859.
Повний текст джерелаAlmeida, Amah Sedjro d'. "Décolonisation et institutions judiciaires en Afrique noire." Paris 2, 1995. http://www.theses.fr/1995PA020025.
Повний текст джерелаUnder colonization, different systems of culture and civilization have coexisted on the same land, the colonizer having generally allowed the local institutions and customary or native systems of courts to subsist. He also introduced legislations and modern european systems of courts (french or english). The decolonization has restored the sovereignty of the african countries. The purpose of this thesis is to examine the leading lines of the judicial institutions of black africa since the decolonization trying moreover to bring out a typology which distinguishes between legislations which have perfected the evolution towards modernity, the legislations which have kept together the two systems of courts and those in which customary or native justice would become predominant again. The thesis aims to point out the reasons and explanations which have given rise to such a situation
Soustelle, Philippe. "Les délais judiciaires différant l'exécution de l'obligation." Saint-Etienne, 1996. http://www.theses.fr/1996STETT036.
Повний текст джерелаThe time allowed by the judge to debtors hasn't the same significance. All periods departure from the normal law of the contract but we must distinguish between the various kinds of periods. In first place, we find a kind of periods who only forbid legal proceedings. The original bond will be balanced, penalty interests are due and payable. . . This kind of periods has no influence on the contract. It’s purely and simply a period of grace. In second place, we find another kind of periods who really change the original bond. The time allowed by the judge suspends the contract or alter the contract. Now, the debt isn't due. The ordinary creditor or the preferred creditor can't demand to be paid, one way or another. The judge has set a new date of payment, a new falling due. This kind of period arises specially during bankruptcy proceedings
Vernet, Julien. "La modernisation des enquêtes policières et judiciaires." Toulouse 1, 2007. http://www.theses.fr/2007TOU10039.
Повний текст джерелаAutem, Delphine. "Les mesures judiciaires de placement de l'enfant mineur." Lille 2, 1998. http://www.theses.fr/1998LIL20024.
Повний текст джерелаMultiplication of failures at exercising the parental fonctions involves correlatively a large augmentation of measures of placement of minor children. Whenever those measures are widely critized an examination of this system is becoming necessury. Trying to conciliate apparesitly antagonist rights of children and parents, the legislator submets their admittance to strict conditions ( part i). If prelaminary conditions to implamentation of judicial protection are strict (low fulness, failure in the exercise of familial protection) are improving the protection of the child, only specific conditions are restricting their pronouncement in order to preserve the rights of the parents. Reserved to the sols coses of impossibility of exercising parental authority judiciary measures of placement have a double purpose : to protect the endangered child but also to resolve the familial problems. His curative aspect is too widely forgothen. The analysis of the effects of these measures (part ii) reveals that the sharing of parental authority and the laying-out the effects of kinship (right of visit, duty of maintenance improves the palliative treatment of the dangerous situation of the minor child, leaving a minor situaiton tot he curative treatment. In the same ways the rules administrating opposability of these measures to third parties are following the same goals, these are not anghow improving the responsability of the parents although necessary in a view of a return of the child back to his family. If some modifications of tax law, labour law civil liability of the parents, maintenance duty would help to work in this way the curative aspect of the placement measures may neverthel
Delmas, Clara. "L’appréhension des convictions religieuses par les juges judiciaires." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE2059.
Повний текст джерелаThe development of fundamental rights and the renewal of claims related to religious affiliation have made the development of a methodology for taking into account religious beliefs a contemporary theoretical issue. If the question of religious beliefs, and more generally that of freedom of conscience and religion, may have given rise to a number of studies in public law or in the history of law, through, in particular, the prism of the public service or the public service or the administrative law of property, this subject has not been sufficiently explored in private law as well as comparative law whereas it raises, in this matter, a litigation as abundant as regular. The judicial judge, like the administrative judge or the ECHR, plays a singular role in defining the meaning and scope of the concept of "living together". The development of fundamental rights in international and European law has also largely contributed to renewing the study of this object today marked by the globalization of law, the confrontation of legal cultures sometimes in tension, the assimilation of pluralism - legal, cultural, religious - and therefore necessarily through the dialogue of judges.Based on this observation, this doctoral work has sought to highlight in a critical way what types of representations, reasonings and epistemologies are mobilized by the judicial judge to apprehend religious beliefs in France. How does the judicial judge undertake the effective protection of the freedom of religion of individuals, while respecting the duty of neutrality incumbent upon him by virtue of the principle of secularism?In the first part of this thesis, which seeks to understand and systematize the apprehension that judges seem to show towards the religious convictions of litigants, succeeds the construction of a method of explicitly taking into account religious convictions in judicial reasoning
Carrier, Isabelle. "Virtuosité procédurière : pratiques judiciaires à Montpellier au Grand Siècle." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84487.
Повний текст джерелаArthozoul, Magali. "Le cautionnement dans le redressement et la liquidation judiciaires." Toulouse 1, 2002. http://www.theses.fr/2002TOU10027.
Повний текст джерелаThis thesis is dedicated to the study of the guarantee within the context of the process of compulsory liquidation undergone by the main debtor, and will attempt to reconcile the conflicting interests of the creditor and the guarantee that is his surety
Lextrait, Carine. "Les pouvoirs judiciaires du préfet de 1808 à 1939." Perpignan, 2004. http://www.theses.fr/2004PERP0541.
Повний текст джерелаBy the 17th of February 1800 (28th of Pluviôse yer VIII) law, Napoleon appointed, at the head of department, representatives of the Government, the "préfets". In the view of empowering them with large prerogatives, like their predecessors, the "intendants" judicial powers were given to "préfets" by article 10 of the "Code d'instruction criminelle". Préfets were not officers of judicial police, and as such they were not under judicial watch. They assigned to themselves a lot of powers, such as the power of instruction. This extension of competences has been confirmed by caselaw in opposition with doctrine. Indeed, this text was highly criticized because a Government could make an use of it that could infridge inidividual liberties. And because it was considered as an anomaly that an officer of the administration could have powers and recognized the civil responsability of "préfets". This was confirmed by the elaboration of severals bills. Nevertheless, practice was going against this cancellation because with this text, news offences and offenders could be discovered in prompt conditions of execution which would be particularly opportune in certain fields. The article was then restored by the 25th of March 1935 law but in a restrictive way. In the interest of repression, the 1st of February 1939 "décret-loi" extended article 10's implementation to war cases
Jourdan, Laurent. "Les procédures d'extension de redressement et de liquidation judiciaires." Paris 1, 1994. http://www.theses.fr/1994PA010275.
Повний текст джерелаThe extension of bankruptcy proceedings, an original institution of French law, first inspired by the idea of a penalty, today reveals the increasing powers of the judge in the treatment of companies insolvency, French law includes two different types of extensions of bankruptcy proceedings. The extension arising of case law or real extension is based on the concept of a company. If the judge considers that they means of two persons have become so interwined that they are in effect a single undertaking, he may extend the bankryptcy proceedings to cover both parties. The two parties will thus find themselves subject to a single proceedings. Statutory extension or extension-penalty, is based on a repressive intent. Under this type of extension, it is possible to open proceedings against defaulting directors or associates severally liable with inlimited liability. The conditions are laid down by articles 178 and 182 of the law 25 january 1985. This proceedings remains separate from and independent of that initiated against the corporate. The emergence of groups of companies has changed the situation as far as extension is concerned. Although the finalities assigned to bankruptcy have developped, extension has survived. Howewer, this does not meet the economic aims of the law, either in its. .
Donio-Journo, Nathalie. "Le redressement et la liquidation judiciaires des personnes morales civiles." Paris 2, 2002. http://www.theses.fr/2002PA020076.
Повний текст джерелаDelos-Hourtoule, Sarah. "La confiscation de l'indépendance et de l'autorité judiciaires (1800-1815)." Lille 2, 2002. http://www.theses.fr/2002LIL20013.
Повний текст джерелаA sort of confusion settles beetween competences during the Consulate and the Napoleonic era, the chief of State controls juridictional institutions. A detailed study on specific cases throws light on the Napoleon Bonaparte' outlook of Justice and his extended interventions. The Senate and the Conseil d'Etat follow his requirements and let him control the wheels of Justice. Justice serves the public interest and punishes all imponents to the system. In front of so much absolutism, independance of justice is useless, either magistrates then the jury or army exemption tribunal have to submit. Juridictional guarantees are flouted, constitutional institutions or judiciary one's are quiet political instruments. The chief of State embodies power and takes away judiciairy independance and authority. This work entitles to understand the Napoleonic practice of juridictional power
Manchec, Karine. "Jugements sous influences : l'information catégorielle dans les situations judiciaires complexes." Rennes 2, 2000. http://www.theses.fr/2000REN20049.
Повний текст джерелаThis thesis comes deliberately within the scape of the judiciary and especially within the field of French law. Its objective is to tick of the complex judicial occurrences which make it necessary for people to resort to categorical information in order to pass sentence. Four experimentations (see chapters 3 and 4) allow us to put to the test the hypothesis according to which the complexity, bearing on a sentence is all about the burden of information, typified from both quantitative and qualitative angles. Within French penal proceedings, judges can consider that a crim is in fact a criminal offence, and then the choice to pass sentence upon a crime is motiveted by the fact that jurors may not easily understand the penal reading of what actually happened. The hypothesis according to which the complexity in line with the serious character of the facts and the judicial situations actually make people use categorial information for sentencing purposes is thus put to the test all along five experimentations (see chapter 5). These demonstrate that individuals, when faced with a complex judicial situation, back up their assessment for the person charged according to the category he or she belongs to. This is proof of the emergenceof a bias in their judgment. The concluding chapter too gives us the opportunity to put forward a new grading scale for judicial sentences ; worked out with a particular regard for ecological needs. The outcome of these studies provide answers to the interrogations raised by crime sentencing proceedings as freely implemented by magistrates
Randriamampionona, Hubert. "Les aspects judiciaires de la rébellion de 1947 à Madagascar." Lyon 3, 2007. http://www.theses.fr/2007LYO33041.
Повний текст джерелаThe year 1947 marked the end of hope for the emancipation of the people of Madagascar, born in November 1945 with the election of the doctors Ravoahangy and Raseta at the first Constituent on the basis of slogans advocating a total and immediate independance of Madagascar. Indeed, if they changed their original request by referring to the concept of a blur free state within the French Union, the radical elements working in the shadow of the Movement of Democratic Renovation Malagasy, party established in February 1946 to help those elected officials prepare many elections, took the opportunity to foment a rebellion which broke out during the night of march 29, 1947. The next day, the judicial repression fell on the MDRM designated as the chief executive officer of events by the colonial authorities. The intervention of the judiciary did not guarantee an impartial and independent justice. Since their installation, in the early twentieth century, in addition to the dominant presence of administrators within them, they were also a way of administration additional in the hands of colonial authorities. In addition, judicial reform initiated in 1946, in the French colonies overseas had only strengthened the administrative grip. Therefore, the role of the courts was reduced to a simple legalization of unjust repression inducted by the General Security Department and the provincial administrators. The discussions in the trial of parliamentarians and other leaders of MDRM, which took place from July to October 1948 before the Criminal Court of Antananarivo, which was designed to determine the truth about the origin of events did only demonstrate that the use of dubious methods in the premises of the General Security Deppent to obtain confessions so-called spontaneous. Despite these damning revelations, the public prosecutors finally got the inevitable court sentence of the leaders MDRM, using witnesses provided at the last minute, once again, by the General Security Department
Bernard, Florence. "Les clauses attributives de juridiction dans les conventions judiciaires européennes." Paris 2, 2000. http://www.theses.fr/2000PA020088.
Повний текст джерелаKunze-Somet, Armelle. "La réparation des erreurs judiciaires de 1789 à nos jours." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30014.
Повний текст джерелаJudicial error, since the sixteenth century, reveals all the interrogations brought about by the exercise of justice and the pursuit of fairness. It questions the jurist on the value of the penal system, on the fallibility of justice and on its capacity to be its own regulator. Also, the redress of this iniquity is constantly in search of a balance between such opposing imperatives as the authority of the final decision and the revision, the interest of the State and the rights of the individual, innocence and condemnation. The legislator tries to find a solution by allowing the person found guilty by error to prove his innocence by way of exceptional recourse of appeal and by acknowledging his right to financial and moral damages. The study of jurisprudence illustrates the manner in which the judicial system demonstrates the innocence of the victim of judicial error and how the system repairs the harmful consequences. Its helps to determine who its victim is and also testifies the poor nature of damages awarded and the modest nature of the means allocated
Nemoz-Rajot, Quentin. "Les interventions judiciaires spécifiques au droit des sociétés in bonis." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30062.
Повний текст джерелаJudges have become ubiquitous stakeholders within companies. As guardians of law, they play a real role in the well being of companies. The study of legal interventions, specific to corporate law, applied to “in bonis” companies clearly highlights the major role played by judges today. Analysis of the judiciary powers regulating companies lives and of the sanctions surrounding liabilities in corporate law puts emphasis on the impact of judicial involvement on company functioning. Many specific corporate law proceedings exist, however, the rich range in solutions and case-law innovations accentuates the need to resort to civil and procedural law in response to the business world’s requirements and expectations. With this in mind, different lines of action are imaginable in the hope to reinforce the usefulness and relevance of judicial involvement that guarantee the efficiency and attractive nature of French corporate law
Ameline, Alice. "Aspects analytiques, cliniques et médico-judiciaires des nouvelles substances psychoactives." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAJ018/document.
Повний текст джерелаDue to the uncontrolled spread on the Internet and their legal alternative to usual drugs, the new psychoactive substances (NPS), recently appeared (2008), are at the center of recent phenomena of addiction and badly explained deaths. Beyond different challenges in our societies (prevention, legislation), the ability to identify NPS in biological samples, in order to characterize their use, presents many analytical challenges. The main objective of this thesis was to collect biological samples (blood, urine, hair) from cases of exposure to NPS and to characterize the substances present using original analytical methods, in order to enlarge the libraries of mass spectra and improve, as a result, the detection of NPS consumption. In particular, it was intended to increase the detection sensitivity of NPS intake by focusing on the metabolites that are often the major products of elimination. This analytical development, by ultra-high liquid chromatography coupled with tandem mass spectrometry (UHPLC-MS/MS), required several months of optimization in order to obtain a robust, exhaustive and sensitive method. At present, the mass spectra database has 114 NPS and is regularly updated. Thereafter, ma thesis focused on the study of cases of intoxication observed in the emergency department of Strasbourg, but also in legal medicine with situations of deaths and identification of unknown products collected from seizures (powders and crystals). It has also been necessary to implement complementary analytical tools, such as the characterization of metabolites by human liver microsomes (HLMs), and the use of nuclear magnetic resonance (NMR) spectroscopy to accurately identify the compounds and establish their purity degrees. The analytical tools developed, and the strategy adopted, allowed the writing of 18 publications, as well as the setting up of numerous collaborations
Désy, Alexandre. "Les coûts et les délais judiciaires de la médiation judiciaire : les discours théoriques et pratiques sous le regard de l'analyse économique du droit." Mémoire, Université de Sherbrooke, 2013. http://hdl.handle.net/11143/6105.
Повний текст джерелаBennani, Malak. "Le contrat de franchise et le redressement et la liquidation judiciaires /." Lausanne : [s.n.], 2006. http://aleph.unisg.ch/hsgscan/hm00153801.pdf.
Повний текст джерелаMonsérié, Marie-Hélène. "Les contrats dans le redressement et la liquidation judiciaires des entreprises /." Paris : Litec, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/272175331.pdf.
Повний текст джерелаRoussel, Galle Philippe. "Les contrats en cours dans le redressement et la liquidation judiciaires." Dijon, 1997. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f18ba84f-be8b-4010-a4d6-49eef2ac4bea.
Повний текст джерелаThe 1985 statute relative to examinership and liquidation of companies states as its objective, in its first article, the survival of the company and the continuing of its activity. However, the survival of the latter requires the perpetuation of its contractual environment. The debtor in an examinership is therefore authorized to demand the continuing of incomplete contracts, in spite of the non-performance of its previous obligations. The contract is thus considered as a good which should be retained in the same fashion as any other asset. However, the 1994 reform, with a view to improving the fate of the creditors and contractual partners of the company allows for two observations. On the one hand, the appreciable amelioration of the rights of contractual partners seems to question the primary objective of examinership. On the other hand, this very amelioration leads one to consider the contractual relationship in terms, not any longer of antagonism, but rather of partnership. Thus, the 1994 act, while not overthrowing the basis of collective procedures legislation, lessens the ideological rigor of the 1985 statute, since it involves the contractual partner in the examinership
Monsèrié-Bon, Marie-Hélène. "Les contrats dans le redressement et la liquidation judiciaires des entreprises." Toulouse 1, 1992. http://www.theses.fr/1992TOU10028.
Повний текст джерелаThe January 25th, 1985 law contains a twofold and contradictory approach to contracts as instruments for the safeguard of businesses. On the one hand contracts strongly protected so as to ensure their continuation or their cessions are thus considered as properties instrumental in a recovery process. On the other hand contracts as binding agreements that can eventually prove an obstacle to the survival of a business are suspected and then eliminated, altered, unfulfilled, or only watched if they have been signed after the beginning of the recovery process
Dadouche, Joseph. "Le trésor dans les procédures de redressement et de liquidation judiciaires." Nice, 1991. http://www.theses.fr/1991NICE0013.
Повний текст джерелаSince a long time, the french treasury has suffered important criticisms for its prominent play in the past bankruptcy laws, cause of a great disappointment among others creditors of the bankrupt. The late law of 1985 januar 25th provides new mecanisms wich reduce the autonomy of the treasury by a better integration in the action. In the same time tax regulations promote the reorganization by reductions of secured taxes. One of the most important sign of integration to the commun rule lies in the discharge of debts stipulated in the article 169 of the law but the tradition of the old civil code remains strong for the priority of paiement in respect with secured taxes, and the autonomy of the french treasury still appears in the right to sue the co-deb tors by solidarity of paiement (managers, spouse. . . ) or by guaranty given to the debts claimed by the treasury againt the debtor
Geyres, Béatrice. "Biais d'ancrage et ajustement sur les décisions judiciaires : effet de l'expertise." Toulouse 2, 2009. http://www.theses.fr/2009TOU20064.
Повний текст джерелаAnchoring and adjustment phenomenon is a cognitive bias, which was first theorized by Tversky and Kahneman in 1974. It was studied in extremely various fields and proved to be particularly robust and powerful. The person who has to make a judgment in a numerical way proves to be very affected by any value (or anchor) that was previously suggested. The target of this PhD thesis is to study this phenomenon in a domain where both individual and social issues at stake are fundamental: penal judgment. Two archival data studies and two experiments involving experienced magistrates enabled not only to confirm the existence of this bias in the sentencing decisions but also to define the extent of the phenomenon according to the judges' expertise and to the plausibility of the presented anchors (within the framework of legal judgment, the anchor corresponds to the prosecutor's sentence proposition). A last experimentation was conducted with fans of a popular sport – soccer – in order to put to the test a major hypothesis, which was hard to validate in the Justice field: anchoring and adjustment effects are a linear function of knowledge on the judgment's field; i. E. The more knowledge a decision maker has on the judgment's object, the less he is sensible to anchoring effects
Sassi, Kenza. "Les personnes non-représentées par avocat devant les tribunaux judiciaires civils." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/33037.
Повний текст джерелаThe present thesis concerns unrepresented litigants in civil courts. Our objective is to develop a theory for self-representation in order to better understand its practical implications. We will first examine the legal sources for unrepresented litigants in civil courts by analyzing the legislative provisions outlined in the Code of Civil Procedure that allow for self-representation. We will also identify the underlying reasons that individuals appearing in the courts choose this option, the role of those who work in the justice system regarding unrepresented litigants, and the place of these cases in the current courts of justice and in the legal system as a whole. We will thus shed light on some of the difficulties that unrepresented litigants face in court, and also the difficulties and resulting consequences for other actors in the judicial system in cases of self-representation. -- Keywords: self-representation, civil procedure, unrepresented litigants
Résumé en espagnol
Salati, Olivier. "Le rôle du juge à l'égard des sûretés réelles non judiciaires." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32031.
Повний текст джерелаEdoubé, Mann Samuel. "Le conjoint dans les procédures de redressement et de liquidation judiciaires." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40020.
Повний текст джерелаThe studies presented put into light the consequence of compulsory and judicial adjustment on the rights of spouse debtor's. The debtor's spouse in the look of these procedures appeard like an sacrified partner each time that the rights granted to him enter in competition with those that the organs procedures hold of compulsory liquidation and judicial adjustment. The real ascendancy over the debtor's property affected the administrative powers that spouse hold from marriage settlement, precisely the exercise of these rights. The compulsory liquidation and judicial adjustment makes the debtor's spouse lose confidence befor his personnals crediters. It also has negative consequences on the spouse property rights. Howover, the restrictions applied to the debtor's spouse are not inescapable. The latter has the rights to exclude un certain number of his property held by the compulsory liquidation organs: by skifully using the rules of marriage settlement based on joint ownership of property, or simply withdrawing from them. The debtor's spouse behaviour towards company can also have negative consequences upon his patrimony, if he taks parts in the running of the company, when he stood security for the company debt's
Monserié-Bon, Marie-Hélène. "Les contrats dans le redressement et la liquidation judiciaires des entreprises /." Paris : Litec, 1994. http://catalogue.bnf.fr/ark:/12148/cb35718070k.
Повний текст джерелаByrs, Patricia. "La vocation de juriste : regard candide sur les motivations inconscientes de ceux qui choisissent le barreau ou la magistrature." Paris 2, 1989. http://www.theses.fr/1989PA020111.
Повний текст джерелаFrom the psychoanalytical study of inconscious motivations of choosing the career of attorney or judge, one can find a foundation based on the same instinct and oedipal desires common to those two professions. The inconscious conflict between latent desires and the super-ego leave in place a personnality and a faculty of inconscious adaptation to the world of law
Lièvremont, Christophe. "Le débat en droit processuel." Lyon 3, 2000. http://www.theses.fr/2000LYO33034.
Повний текст джерелаRibeyre, Cédric. "La communication du dossier pénal." Grenoble 2, 2004. http://www.theses.fr/2004GRE21035.
Повний текст джерелаThe "criminal file" is the whole written information gathered and kept in order to find out the truth about an offence. Allocated to the discovery of the material truth in the respect of the defence rights, the "criminal file" is created for criminal investigations purposes which justifies its transmission to all the legal proceedings characters. Thus, the transmission of the "criminal file" is the guarantee of a fair and efficient justice. On the contrary, when the transmission of the "criminal file" is diverted from criminal investigations purposes, the disclosure is prohibited. Indeed, the fundamental value recognized to this particular record requieres to grant it a particular protection. In a classical way, the "criminal file" is protected by confidentiality. However, in a more original way, the "criminal file" is protected thank to the provisions related to infringement of property, for the "criminal file" belongs to the State's public domain. In this extent, the pieces of information gathered by the criminal justice services are unavailable. Though, the law might exceptionally authorized the transmission of this file to non criminal cases. For instance, the "criminal file "could be used for civil actions' needs. But the increasing tolerance towards this practice can be criticized as a transmission or a disclosure in cases the law makes no provision for could be a breach of presumption of innocence or of secret of procedure
Lièvremont, Christophe. "Le débat en droit processuel : contribution à une théorie générale du débat /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2001. http://catalogue.bnf.fr/ark:/12148/cb38893274j.
Повний текст джерелаMonnot, Maurice. "Les procédures extra-judiciaires de règlement des conflits en droit du travail." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020085.
Повний текст джерелаLabor law aknowledges for a long time amicable settlement procedures of labor disputes: conciliation in labor courts and mediation in harassment cases for disputes between an employer and its employees ; conciliation, mediation and arbitration in case of strikes. All of them failed and their reform must be studied: compulsory mediation for employees and unions, mandatory industrial peace and the creation of a public service in charge of labor conflict resolution are some of the options explored. These procedures require to respect several essential guarantees. The person in charge of the procedure must be independant, impartial and competent in both labor law and dispute resolution. The procedure itself must guarantee the confidentiality of the discussion and the documents communicated, take place during a limited amount of time to preserve the right of access to a judge, and have a non-dissuasive cost
Arman, Jean-François. "Aspects épidémiologiques, neuropsychiatriques et judiciaires de la toxicomanie à Montpellier en 1990." Montpellier 1, 1991. http://www.theses.fr/1991MON11214.
Повний текст джерелаPascal, Denis. "La responsabilité des dirigeants de personnes morales en redressement ou liquidation judiciaires." Montpellier 1, 1995. http://www.theses.fr/1995MON10006.
Повний текст джерелаBoth financial and personal, the civil and penal responsabilities incurred by the company managers within the scope of collective procedures lead one to ask ourself about the practical reality and the efficiency of the texts. The law passed on june 10th 1994 has brought a certain amount of alterations in order to compensate fot the inadequacies of the contents of the law of january 26th 1985. Numerous points have been shelved and have sustained doctrinal debates and case law, and urge one to ask oneself about a deeper reform
CAIRE, MICHEL. "Les alienes d'esprit au siecle des lumieres dans les archives judiciaires parisiennes." Paris, EPHE, 1998. http://www.theses.fr/1998EPHE4030.
Повний текст джерелаBased on one thousand written reports of dementia established by the commissioners of the chatelet de paris (series y, archives nationales, paris) between 1701 and 1790, this thesis examines the hospitalization procedures of insane person ordered by the lieutenant of police. For each case the circonstances of the intervention are studied, as well as the condition of the examination, the attitude of the population and the role of the physicians and surgeons, the sociological characteristics of the patients, their hospitalization in the different institutions, the vocabulary used by the protagonists, the nature of their pathology and the treatments in use. This hitherto unknown documentation, confirmed by other manuscript and printed sources, enriches and often renews the knowledge of the organization and fonctioning of the parisian institutions {hotel-dieu, hopital general, petites maisons, charenton, saint-lazare and other religious establishments, and several private pensions) that offered unequal conditions of hospitalization and rather rudimentary care. In this last century of the old regime, insane persons were no longer seen as subhuman nor superhuman with divine or diabolical propensities, but as patients, received as such in specialized institutions: madness is explicitely considered as a natural disease, depending on medicine and the hospitalization of the mentally ill as a way of curing them
Proulx, Marcel. "Rationalité professionnelle et rationalité managérielle dans la gouverne des tribunaux judiciaires québécois." Paris, Institut d'études politiques, 1993. http://www.theses.fr/1993IEPP0026.
Повний текст джерелаThis thesis studies the governance of Quebec's courts. The sociological perspective, based on the strategic analysis model (Crozier et Friedberg, 1977), is used to study the power relationships between judicial administrators and managerial judges, the two major groups contributing to the management of the courts. On the empirical level, the thesis shows that the bicephalism which characterises the governance of the Quebec's courts generate two conflicting visions of the management of the judicial system. The power game which results is locally regulated, through agreements between actors who have an interest to minimize the consequences of systemic conflicts. On the theoretical level, the thesis is a contribution to the theory concerning the management of professional organizations. It shows that the managerial judges, professionals who became managers, adopt a mixed rationality, mostly based on the managerial rationality, coloured by the professional rationality of their judges
Rathamarit, Udom. "La mise en mouvement des poursuites en procédures pénales français et thaïlandaise comparées." Nancy 2, 1993. http://www.theses.fr/1993NAN20005.
Повний текст джерелаIf the bringing of criminal proceedings is not to be left in the hands of the private individual, the state must decide how it should intervene to ensure that the interests of society are protected and the laws passed by the legislature are enforced in the courts. Where there is an independent judiciary, the intervention of the state is personified by the public prosecutor. The powers given to him and the restrictions binding him frequently indicate where the balance lies between the state and the individual. A comparison of the Thai and French openings of the prosecution is of interest as an illustration of the attitudes of the respective states to the private citizen. It is however of greater practical value to compare the role of the public prosecutor as an essential figure in the administration of the two countries which share a common legal heritage subsequently developed independently
Chauvaud, Frédéric. "Tensions et conflits, aspects de la vie rurale au 19e siecle d'apres les archives judiciaires : l'exemple de l'arrondissement de rambouillet (1811-1871)." Paris 10, 1988. http://www.theses.fr/1988PA100138.
Повний текст джерелаFrom the point of view of accounting for the tensions and conflicts prevailling in a singular rural society, the question was to exploit a still unrecognized source: the judiciary archives. The latter making up the whole frame of the documentary material was supposed to allow a "renewing" of rural studies through tree big stages. A first approach is both devoted to methodological issues and to the quantitative study of the judiciary field. The question mainly deal with the efficiency of the serial inquiry. On the other hand the question was to pay particular attention to the multiplicity of tensions and conflicts arousing in a singular rural society : at once those bearing on tradition - reputation, family, land- but also those resulting from the pressure of the whole society : the mi- rage of the city, the models of enrichment and the village policy. The last approach insists on the conflicts between the rural society and the "global" one through the medium of justice. Judiciary acculturation as well as normative pressures, but also the ways of regulating conflict, such as revenge and agreement are analysed through the life of the people and the communities. All things considered the judiciary archives actually appear as a predominant revealer of social structure but also of the values and aspirations of the country