Дисертації з теми "Matière commerciale"
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Ravoninjatovo, Randriamasy Rivo. "La collaboration professionnelle entre époux en matière commerciale." Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32010.
In a first part which was dealing with the terms and conditions of the conjugal collaboration, we have on one hand given notice of the artificial distinction which was made by the legislator in 1982, between the different categories of married collaborators. On the other hand, we have made very strict reservations regarding the legal acknowledgment of an engagment of work between husband and wife, as this kind of step is very liable to generate all kinfs of frauds. It obviously would have been better to keep the original frame of collaboration between husband and wife, while improving it as necessary. In a second party dealing with the consequences of conjugal collaboration, we have more precisely insisted upon the actual danger of some of the provisions of the law dated july 10th 1982: the risk of exacerbating a joint management and as a crowning misfortune, having the company to bear the costs
Alhadidi, Ismaeel. "Arbitrage commercial international et politiques étatiques en matière commerciale : l'exemple du droit de la concurrence." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0296.
This study aims to delimit the intensity of the engagement of arbitrators in protecting state interests when it comes to commercial disputes. These interests will be studied under the title of policies because the arbitrator will be enforced sometimes to make an interest prevail over another and the latter will be considered as a policy that deserve a protection. Therefore, we will try to look at the policies that arbitrator cannot scarify and the others that he can do scarify.In one hand, there are some zones that arbitrator must respect without having the possibility to evaluate, which will lead us to examine the question of arbitrability. In the other hand, there are many zones where he can impose his own appreciation. In order to strengthen his position the arbitrator will not hesitate to refer to international law if he chooses to not take into account a national law.The absence of precise rules governing arbitration results in controversial doctrinal positions on the interaction between arbitration and state policies. We will try to clarify these positions and drew the consequences of this situation.Despite the internationality of the arbitration, the national law and the national judge are indispensable for the success of the arbitration. That is to say that the arbitrator is required to pay attention to the policies of the states and decide how he will not ignore them. The states, in return, must put their trust in the arbitrator and rely on him to successfully meet the challenge of state policies
Payan, Guillaume. "Pour un droit européen de l'exécution en matière civile et commerciale." Toulon, 2008. http://www.theses.fr/2008TOUL0050.
Since about ten years, the European legal writing and the European Commission underline the opportunity of a European action in the field of enforcement of enforceable titles. However, this field is still today given up to the national laws. This situation should change in the months to come. Indeed, the European Council of the 4 and 5 of November 2004 approved a program – the program of the Hague – which envisages an action of the Community legislator in the field of enforcement. The present study anticipate the first concrete achievements of the European legislator's action in this field by suggesting the creation of a European enforcement Law in civil and commercial matters. The purpose is to guarantee coherence between the future European enforcement instruments. For this purpose, a legislative strategy at two levels is proposed. The first level is characterized by the adoption of a global approach of the matter of enforcement of enforceable titles within the European Union. At this level, this is question of defining the principal legal concepts concerning enforcement, to delimit the field of the European action and to define the guiding principles of this action. The second level of the legislative strategy suggested is characterized by and “sectoral approach”. At this level, are considered the first European instruments which could be adopted within the framework of this Law. By preoccupation with realism, the second level of the creation of the European enforcement Law should be materialized by a series of specific interventions, adapted to the needs and the difficulties met. Four priorities were defined: the creation of a European procedure of attachment of bank accounts, the creation of a procedure allowing to locate debtors assets, the harmonization of the national legislations relating to the publicity of enforcement procedures and the coordination of the national legislations defining the statute and the functions of the authorities in charge to implement the enforcement procedures
Compain, Adrien. "La cohérence du droit judiciaire européen en matière civile et commerciale." Nantes, 2012. http://www.theses.fr/2012NANT4013.
Given the increasing number regulations adopted in European judicial law in civil and commercial matters of European, defined as the judicial rules applicable to the European economic litigation, its coherence has to be carried out. To that end, the study intends to identify the sources of inconsistency of European judicial law in civil and commercial matters. The European judicial law in civil and commercial matters is the result of a construction process that determines its substance. Therefore, the study of the coherence of the construction precedes the study of the coherence of its result. The assessment of the coherence of the construction reveals that the European judicial law in civil and commercial matters regulations adopt neither the same method, nor the same foundation. First generation regulations, which mitigate the effects of the judicial border, an distinct from second generation regulations, which suppress these effects. These second generation regulations are based on an "absolute" principle of mutual recognition of decisions, which can not constitute a valid foundation for the European judicial integration. The assessment of the coherence of the result reveals that the lack of coordination and the inconstancy of the regulations oppose to the emergence of a European judicial law in civil and commercial conceived as a homogeneous, accessible and predictable body of rules. It also reveals that the regulations infringe the fundamental principles of the respect for an effective right to a fair trial and the respect for the diversity of the legal systems of the Member States
Bikova, Dafina. "Les spécificités en matière de représentation commerciale du droit bulgare par rapport au droit français." Montpellier 1, 2009. http://www.theses.fr/2009MON10048.
Davila, Valdiviezo Charlotte. "Les stratégies contentieuses en matière civile et commerciale : étude à partir du Règlement Bruxelles I bis." Electronic Thesis or Diss., Lyon 3, 2023. http://www.theses.fr/2023LYO30032.
While the term "strategy" is rarely associated with the legal field, strategies aimed at leveraging the law to one's advantage have always existed. To shed light on this phenomenon, this thesis focuses specifically on litigation strategies that revolve around a trial as a central point.The starting assumption was the paramount importance of understanding the rules and the framework to effectively navigate towards an advantageous outcome. Rules here are broadly defined to include the legal rules of the member states and the Union, the case law of their courts, and the entire economic, political, social, and cultural context surrounding the parties and their dispute.Strategic litigation practice in the European area then warranted a detailed review of the various actors involved in the strategy (parties, national judges, European judges), as well as the history and evolution of the European Union and its law.This quest for knowledge of the rules also led us to revisit the conceptual framework and concrete achievements concerning jurisdiction in the European Union, highlighting a complex system revolving around the Brussels 1bis Regulation and a Court of Justice of the Union, both an actor and promoter of European integration.However, the development of strategies does not stop at understanding the rules but requires their anticipation and adaptation to changing realities. The choice of court then becomes a strategic maneuver, guided by both objective and subjective criteria.Reviewing European history as well as the trajectory of the strategic actors provides an opportunity to grasp their operating modes and to anticipate their actions within the context of a multicultural Europe, composed of sovereign member states. It will be about predicting legal developments, jurisprudential reversals, advantageous positions, or even actions that are likely to meet the economic or political objectives of the Union, while keeping in mind that judges can always introduce bias into the judgment process. It will also involve understanding the adversary's history in order to estimate their strengths and weaknesses to adjust the strategy accordingly.However, there is no single path to the success of a litigation strategy: the success of a strategy largely depends on the perception of the litigant, their objectives and expectations. The choice of jurisdiction can then be made based on the procedural guarantees offered, the predictability of the decision, or the application of specific rules attached to the forum.The litigation strategy can also involve breaking away from this scheme to seek an alternative resolution through amicable methods or arbitration.While the strategic approach may be tempted to free itself from ethical or moral constraints by using maneuvers that pervert the purpose of the texts, it is essential to remember that a strategy can be both profitable and virtuous. Failing this, national and European judges will play their role as safeguards of the system's integrity
Pigeon, Nicolas. "La mise en oeuvre de la compétence de l'Union européenne en matière d'investissements internationaux." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D028.
As a political entity endowed with a normative power, the European Union contributes to the attempt to apprehend the economic reality of international investments. But the Union is not a State ; yet, the juridical prehension of this matter essentially results from the coexistence of sovereign States. Consequently, how does the EU legal order comprehend international investments? Long-standing, it does so as part of the organisation of the internal market, since the TEU and TFEU are, among other things, juridical instruments of cross-border investments liberalisation. Since the entry into force of the Lisbon treaty, the strengthening of the EU’scompetence over international investments went one step further. Henceforth, the EU has an exclusive external competence over foreign direct investments within the framework of the common commercial policy. The implementation of this competence shows two things. Despite the entry into force of the Lisbon treaty, the Union still does not possess the whole competence on investment matters. Certainly, the Union can now act more easily in this field. However, that competence does not suffice to create the legal conditions allowing for its full substitution to the Member States. Though, the resulting coexistence between the Union and the Member States does not prevent the Union from researching an autonomous way to assertits own existence and identity on the world stage. By doing so, the Union reveals the specific features of its external economic action regarding international investments : more than the protection of particular investments, the Union seeks, by using the rule of law, the free movement of investment and trade international flows
Usunier, Laurence. "La régulation de la compétence juridictionnelle en droit international privé : étude de droit comparé en matière civile et commerciale." Paris 1, 2006. http://www.theses.fr/2006PA010283.
Pailler, Ludovic. "Le respect de la Charte des droits fondamentaux de l'Union européenne dans l'espace judiciaire européen en matière civile et commerciale." Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0101.
When the treaty of Lisbon gave Charter of Fundamental Rights of the European Union its legally binding force, it gave rise, in article 67, paragraph 1, of the Treaty on the Functionning of the European Union, to a legal obligation to respect fundamental rights while building the Freedom, Security and Justice Area. As this legal obligation concerns all the rules of this space, it raises questions in the European Judicial Area in civil and commercial matter where rules coordinating national legal systems are partially resistant to the influence of fundamental rights. Polysemy of the notion of respect make it possible to consider different ways for the Charter and the European Judicial Area law to interact. If the hierarchical principle seems to be the most obvious way to ensure the respect of the Charter, it transpires to be inappropriate by itself and because of the specific context fort the application of the Charter commanded by the European Judicial Area. So, it would be more convenient to substitue the hierarchical principle with a more supple way of interaction, the combination, so as to conform the studied space to the article 67, paragraph 1, of the Treaty on the Functionning of the European Union
Anger, Bernard Hélène. "La Qualification industrielle et commerciale des établissements publics nationaux dotés d'un comptable public : recherches sur ses conséquences en matière financière, budgétaire et comptable." Caen, 1986. http://www.theses.fr/1986CAEN0002.
The industrial and commercial qualification of the national public establishments with a public accountant is determinating in financial budget and accountable management, independently of the object of the mission. It involves some consequences on a first part, on the origin of the ressources and the execution of the bargains; on a second part on the accountable and budget rules
Fledeus, Anixon. "Les modes alternatifs de règlement des différends (MARD) et la garantie des droits des parties en matière commerciale : étude comparée des droits français, haïtien et OHADA." Electronic Thesis or Diss., Bourgogne Franche-Comté, 2023. http://www.theses.fr/2023UBFCF010.
Alternative dispute resolution (ADR) have gradually established themselves as rapid and effective means, specially in commercial matters, for the resolution of both national and international disputes, outside of recours to state justice, to respond to the expressions of the parties. The thesis aims to demonstrate that these ADR offer undeniable guarentees to the parties, guarentees that they do not always find with contentious justice. Due find to opportunities offred by these amicalble and alternative methods, they can be seen as a methode offreind safe and affective justice for resolving contractual dispute in commercial matters. The parties find appropriate and beneficial disputes in commercial matters. The partie find appropriate and benecial solutions, taking avantage in particular, from a procedural point of view, of confidentiality, speed, flexibility, idependance, impartiality and, in substance, in actively participating in a consent-based payment methods. By studying French law, Haitian law and OHADA law, this thesis proposes to show how amicable methods, whisch are mainly conciliation and mediation are security instruments granrandueeing the rights of the parties in commercial matters, then, in whish arbitration is also an instrument for guaranteeing and protecting the rights of the partie in matters of commercial disputes
Moumne, Rolla. "La clause sociale entre impératifs économiques et considérations juridiques : Divergences et convergences en matière de régulation sociale et commerciale internationale: l'OIT ou l'OMC comme instances de régulation." Paris 2, 2006. http://www.theses.fr/2006PA020069.
Garaud, Éric. "La transparence en matiere commerciale." Limoges, 1995. http://www.theses.fr/1995LIMO0448.
The first part of this study aims at providing the demonstration that a new principle has emerged in the matter of commercial low : transparency. The followed method consists of synthesizing the demonstrations of this concept in several fields (competition, banking, trade markets, companies) to analyse its functions (moralize and give security to business) and bring out its juridical nature. In the second part, proposals are put forward first in order to establish balance with secrecy. If transparency has got to the rank of leanding principale, it's important that condientiality may keep a role, the one of corrective principle ; moreover to resolve the possible difficulties linked to the coexistence of these two antinomical notions, a regulating principle, proportionnality, must come into play. At last the thesis must be composed of suggestions which tend to outline a system of fair transparency, involving the improvement of eguality as regards information, an increased protection of truth, and more quickness concerning the communication of facts
Bleuse, de Ponfilly Séverine. "L'espace judiciaire europeen en matiere civile et commerciale." Paris 5, 2000. http://www.theses.fr/2000PA05D015.
Lhermie, Christian. "Les Styles de vie en matière commerciale." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594287g.
Mohammed, Anwar. "L'arbitrage en matière de transport maritime de marchandises : étude de droit français et de droit égyptien." Paris 1, 2003. http://www.theses.fr/2003PA010309.
Khadri, Karim. "La protection du distributeur intégré en matière internationale." Nice, 2007. http://www.theses.fr/2007NICE0033.
Nowadays, the distribution of products overseas knows a distinguished development as an outcome of the globalization of economy. The firms that wish to commercialize their products outside their boundaries recourse to contractual techniques, already used in the internal sphere. These contractual techniques serve to line up in the category of contracts named as integrated distribution. This type of these contracts has an essential characteristic. That is, to give birth to a structural relation of domination between suppliers and their distributors. The position of this later in the egard of his contractual partner is all the more uncomfortable since the economic survival of his company is dependant on the contractual link, weaved with his partner. Globally speaking, the risk of contracts of integrated distribution are stressed, because in addition to the troubles previously evoked, comes other disagreements for the distributor : for example, the submission to foreign legal order or still the constraint to plead in front of foreign jurisdiction. It is important to wonder if the private international law allows to satisfy the need of protection of the integrated distributors who takes the situation mentioned before. A purely positivist analysis permit to show that such a need is in fact, widely ignored. Well, this state should be criticized in the measure where a real proximity seems to exist between the integrated distributors and the contracting parties whom the law in application considers on the other hand deserving of international protection. Finaly, this work comes to show the legal modalities, which would take care effectively of the protection of the integrated distributors all over the world
Calife, Catherine. "La protection du consommateur en matière de sécurité des produits et services." Paris 13, 2001. http://www.theses.fr/2001PA131002.
A complete consumption policy which aims at promoting consumers'interests must integrate goods as well as services. Among others French law has a specific policy which consists in warning and repressing the accidents caused by goods and services. The obligation of security must be beneficial to everybody, asit is required by public order and equity. Indeed, jurisprudence and doctrine tend to unify the mode of contactual and criminal liabilities by submitting the professionals to the same obligations towards the consumers of goods and services whether they be bound by contracts or not. The subject of this study is to try and analyse and to appreciate both aspects (prevention, repression and compensation) of the consumer protection and of the safety of goods and services. Prevention rest on a whole set of national, european or international rules which aim is to warrant the best access to goods and services and a use for consumers. .
Hassan, Nagui. "Les usages commerciaux dans les contrats internationaux : contribution à l'étude critique du rôle des normes anationales en matière de contrats, d'installations industrielles." Paris 10, 1993. http://www.theses.fr/1993PA100087.
Rouquet, Yves. "Réflexions sur quinze ans de législation et de jurisprudence en matière de copropriété et de baux." Paris 9, 2010. https://bu.dauphine.psl.eu/fileviewer/index.php?doc=2010PA090026.
The law governing Condominium and leases (housing, professional and commercial) is constantly changing. This characteristic is not only illustrated by the evolving statutory law and by-laws, but also by fluctuant case-law as well as in doctrine. This evolution since the beginning of the 90’s has been analyzed, first through a great number of comments and articles (attached to the thesis in an appendix), second in writing a synthesis, with a retrospective critical approach. The analysis has been logically divided in two parts. The first part aims at showing that different rights on the property can conflict, on immovable property as well as leased buildings or premises. The second part deals with the opposition between property law, on one hand, and tenant’s rights, on the other hand
Hugou, Brice. "Les marchés financiers de matières premières agricoles à la lumière du droit des contrats." Thesis, Nantes, 2018. http://www.theses.fr/2018NANT2032/document.
Food security requires that each inviduals can obtain food in sufficient quantity and quality. This means that food prices must be neither too high for consumers nor too low for producers. After the food riots that started in 2008 following the increase of food prices, many concerns have been expressed about the impact of financial makets toward this rise. In order to shred some light on this issue from a legal point of view, this work aims to review differents aspects of the developpment and functionning of financial markets. Special attention will be given to the contracts which are used to into financial opérations Indeed, the legislator reunited all of the various financial contracts under the same legal qualification, without regards for their underlying. However, non financial commodities are different from financial commodities as they can lead to a physical delivery, and be regarded as commercial transactions or financial operations. Thus, they should get an autonomous legal status
Bandla, Venkat Nehru. "Modeling the internal inhomogeneous aging behavior in large-format commercial Li-ion batteries." Thesis, Amiens, 2018. http://www.theses.fr/2018AMIE0027/document.
Li-ion batteries (LIB) are used as energy storage devices in automobile, mobile and stationary applications. However their lifetime issue is a primary concern resulting in a decreased performance. Li-ion batteries exhibit non-uniform behavior that results in incomplete utilization of the cell energy and non-uniform aging. Thus the objective of this work is to identify the factors influencing the inhomogeneous behavior and to study their effect on aging. A combined modeling and experimental approach is adopted in this work. In the experimental work, a setup is developed that surrogates the thermal and potential gradients occurring in commercial LIB. This setup is used to perform long-term accelerated cycling tests and inhomogeneous aging behavior is assessed. Several characterization tests are performed during and after the completion of the cycling. In the modeling part, multiphysics models describing the electrochemical, electrical and thermal behavior of LIB are developed. These models are appropriately coupled integrated with an aging component to represent the experimental setup behavior. Two main degradation phenomena, namely SEI (Solid Electrolyte Interface) formation and positive electrode active material have been identified experimentally and modelled. The latter is uniform whereas the former is influenced by temperature. Based on this, thermal dispersion impact on the inhomogeneity is greater than potential dispersion
Emara, Fehr Abdelazim. "L'arbitrage commercial international par rapport à la juridiction étatique en matière de mesures provisoires et conservatoires : étude analytique et comparative." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26639.
Since the mid-twentieth century, the International Commercial Arbitration has achieved massive development and has gained significant importance in the world of international business transactions. It has effectively become the most acceptable, reliable and widely preferred jurisdiction for the settlement of international investment and trade disputes. However, for a long time, the failure of arbitration to properly deal with interim measures lead adversaries to avoid resorting to arbitral tribunals preferring the state courts when emergency measures were required. The main reason for this inadequacy was the lack of a comprehensive arbitral regime for governing the interim measures procedure, which in turn lead to a reduction in the effectiveness of international arbitration. This issue was recently addressed thanks to the major amendments to the UNCITRAL Model Law in 2006. This Model Law established a specialized regime to govern the arbitral proceedings for interim measures. More recently, a number of prominent international arbitration centers modified their rules to comprehensively deal with the issue of interim measures and to put it into practice. The introduction of this specialized arbitral regime calls for more effort to evaluate and compare its effectiveness to the juridical state system in dealing with the issue of interim measures. Therefore, the main objective of this doctoral thesis is to provide a thorough and analytical comparison of the two systems and to present a number of doctrinal and legislative proposals aimed at improving the recently introduced arbitral regime.
Majd, Thomas. "Contribution à l’analyse des facteurs explicatifs de la performance des commerciaux en matière de veille marketing : esquisse d'un cadre conceptuel." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCD075/document.
In the context of ever stiffer competition, ever better informed customers, and products becoming ever more undistinguishable, it is increasingly difficult for companies to sell their products and services and maintain a sustainable competitive advantage. Hence the need for them to have access to a proper perception of the evolutions, movements and practices of the main actors in their environment. Tools such as economic intelligence and market intelligence make it possible to respond to the aforementioned challenges. Among the actors likely to take on an important role in this field is the sales force, as an interface between the market and the company. Although salespeople are increasingly considered as veritable vectors of information in the field, the study of the factors that determine their performance in that sense has received little attention until now. In this context, the objective of this thesis is to propose a model analyzing the main factors likely to influence the performance of sales people in terms of market intelligence. The basic hypothesis of this model relies on the existence of two main categories of factors likely to favor the performance of sales people in terms of passing on field information on a regular basis (market intelligence): first, factors which are specific to salespeople, and second, factors linked to the management of the sales force
Mannai, Hanen. "Impact du profil en acides gras de la ration des vaches laitières sur la teneur en matière grasse du lait en conditions commerciales." Master's thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/25677.
Ouariagly, El mostafa. "Droit marocain et réglement des litiges internationaux en matière de propriété intellectuelle : contribution à la lecture de la nouvelle législation marocaine." Perpignan, 2009. http://www.theses.fr/2009PERP0985.
Modern economy depends on intellectual property rights, every technologic innovation, every art opus is managed and protected by those rights. This fact calls some questions: how are those rights managed in every juridical system? And what happens when those different perceptions are confronted in a globalized economy?Once those questions answered, others come through. Naturally, when economic exchanges grows, the number of disputes grows too, and it is a fact that traditional justice can not handle, an efficient way, that special type of disputes. That’s why the alternative dispute resolution methods are getting more and more successfull. So, the second part of this work tries to make light on those ADR and apply them to the intellectual property disputes
Turpin-Bouzin, Aurélie. "Pulvérisation dans des gaz circulant à faible vitesse (transfert de matière et efficacité) : application à l’évaluation des performances des produits commerciaux dits « neutralisants d’odeurs »." Rennes 1, 2008. http://www.theses.fr/2008REN1S042.
In order to study the efficiency of commercial “odour neutralising” products, a spray tower has been developed. This pilot works with low gas velocities and fluids can circulate co- or counter-currently. In a first step, mass transfer during spraying was characterised by determining the main mass transfer parameters (interfacial area, liquid and gaz mass transfer coefficients). The second step allowed to determine efficiency during spraying of scrubbing solutions (tap water and solutions involving known reactions) on removal of odorous pollutants chosen to be representative of great malodorous famillies. Finally, the performances of commercial “odour neutralising” products have been evaluated and their means of action cleared up
Grigorova, Zhenya. "La réglementation internationale du commerce de matières premières : l'exemple des ressources énergétiques." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D023.
No English summary available
Sultan, Nafea Bahr. "Compétence juridictionnelle en matière de litiges internationaux sur les opérations électroniques de banque." Thesis, Clermont-Ferrand 1, 2015. http://www.theses.fr/2015CLF10475.
This thesis examines the possibility of applying of relevant French and European rules in the field of litigations arising from electronic banking. The seized court checks its jurisdiction by analyzing disputed subject, identifying the elements of legal relationship, characterizing the parties of the dispute, and establishing that requirements of each rule are met. Once the court exercises its function, it considers the technological factors that may affect the fulfilling way of the legal relationship and dispute over it, as well as taking into account the actual and legal weight of both bank and customer. So that, in order to practice relevant criteria and connecting links in correct, logical and fair way, it is necessary for the court to reconsider it sunderstanding of different aspects of disputed subject. In other words, the court should renew its view on several issues, such as the electronic agreement on jurisdiction, the authority of the bank, the extent of the protection of consumers, the domicile and residence, the concept of bank obligation, the place of signing and fulfilling the contract, the place where the service is provided, as well as the place of occurrence of harmful event and economic damage
Darolles, Sandrine. "La moralisation de la pratique des commerçants en matière de procédures collectives, du Code de 1807 à la Loi du 26 juillet 2005 : étude de la jurisprudence toulousaine, comparaison avec la jurisprudence de la Cour de cassation." Toulouse 1, 2006. http://www.theses.fr/2006TOU10021.
The present demonstration puts in emphasize the anchronism that under-stends the specific matter of collective procedures. This mercantile law, that essentiallly has first vocation to concentrate on the world of businesses not to makes while undergo the unceasing fluctuation due to the fact of trade that induces, in its normative body, a necessary legal readjustment. From then on, successive reforms in this area, that spread dispositions of the Code du commerce of 1807 to the Law of 26 July 2005, make only devote such facts. As a consequence, and in this precise context, the right of businesses constitutes only a right to become some whose governmental stating not to would know create to it alone framework of evolution practices in the fact of trade. The application of the jurisprudence of intellectual concepts that it develops bypass then its character artificial and renders its efficiency conditioned to the work moralizer of trade Courts that register in the conscience, then in the unconscious collective, its expectations. The morality of the practice of merchants in this area constitutes therefore an alternative to the temporal calendar that characterizes, since the XIX century, a such normative evolution field
Li, Fheng-Ying. "Les règles d’origine préférentielles de l'UE et l’analyse de leur application en matière de marchandises d'importation." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1124.
Rules of origin are used to define the place where a product was manufactured. To understand the evolution of trade, especially in the cases of unilateral and bilateral trade agreements, the knowledge of the preferential rules of origin and cumulation is necessary.The preferential rules of origin play a legitimate part in the prevention of the commercial deviations. The EU has the largest number of preferential trade agreements with a high degree of harmonization of origin laws, for example the Economic Partnership Agreement (EPA) for 78 ACP countries and the system of cumulation for EURO-MED.As we know, the subsidiary for agriculture product such as sugar and cotton of EU and USA are the main reason which causes the poverty of LCDs. So, the mains purpose of this dissertation is want to find: Does EU really sincerely uses the preferential rules of origin (PROO) to help the LCDs or just want to keep their historical colonial benefits? Why the EU member against the EU commission's newly policy after the WTO member by the same product? How the EU PROO does keep harmony with their member countries and the WTO's member countries? Could we find a way to improve or replace the PROO of EU for the same product to prevent another case happen both in WTO and CJCE? We have found the answer at the Conclusion
Quievryn, Caroline. "Incorporation de nano particules d'oxyde de terre rare dans un polymère commercial sous forme filamentaire." Thesis, Montpellier 2, 2014. http://www.theses.fr/2014MON20206.
This thesis focuses on the main theme of the incorporation of nanoparticles of rare earth oxide (Erbium and Praseodymium) in a commercial polymer, PVC, shaped as filaments. These fibers are made using a apparatus developped in the laboratory. The spinning method used is a wet solvent spinning process. Embedded nanoparticles are first commercial particles (Er203) but they show disadvantages, which leads to a study of synthesis of oxide nanoparticles Erbium and Praseodymium in the laboratory. This study bings to a production a laboratory pilot (KiloLab) in order to obtain 3Kg of nanoparticles composed with 60 wt% of Erbium oxide and 40 wt% of Praseodymium xide. Once these particles obtained, it have been dispersed in a solution of PVC/solvent. This "loaded" solution of nanoparticles is presses through a spinneret for the shaping. The filaments are spun in a coagulation bath in order to remove the solvent from the solution and obtain the PVC filaments (mono or multi) containing the nanoparticles of Erbium or Praseodymium oxide.A second theme is also studied in this thesis, the realization of oxicarbide boron and silicon fibers (SiBOC). This study focuses on the synthesis and conditions to obtain a poly(borosiloxane) polymer. This polymer is obtained by the synthesis of the dimetyldiethoxysilane (DMDES), méthyltriethoxysilane (MTES) and the boric acid which bring the hetero atom of boron in the final ceramic. Once the sol of borosiloxane obtained, it is semi-hydrolysed until obtention af a gel that can be spun by extrusion at ambiant temperature. The filament are wrapped around a graphite bobbin. The shaped polymer is then leaved in a stove at 60°C for a week allowing to complete the hydrolysis.Once the hydrolysis complete and the polymer fully hydrolyses, the fibers are pyrolysed under argon at high temperature to transform the fiber into ceramic fibers of SiBOC
Bernard, Hélène Anger Mme. "La Qualification industrielle et commerciale des établissements publics nationaux dotés d'un comptable public recherches sur ses conséquences en matière financière, budgétaire et comptable." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb375957157.
Wilhelm, Anny. "Etude comparative de la réception des règles de competence de la convention de Bruxelles du 27 septembre 1968 en matiere d'obligation civile et commerciale en Allemagne et en France." Nice, 1998. http://www.theses.fr/1998NICE0064.
Beaufort, Viviane de. "Acquis et limites de l'harmonisation du droit communautaire en matière de prises de contrôle de sociétés par voie d'offres publiques d'achat ou d'échange du point de vue de l'actionnaire minoritaire : droit communautaire et comparé." Paris 1, 2001. http://www.theses.fr/2001PA010279.
Nguyen, Thi Hoa. "Les procédures de règlement des litiges en matière de construction appliquant les contrats-types FIDIC." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020095/document.
The subject of this thesis deals with international construction dispute settlement procedures stipulated in the FIDIC standard forms of contracts under which disputes between the parties to these contracts may be settled by the Engineer, the Dispute Adjudication Board (DAB), the amicable mechanism and arbitration.From the standpoint of law, these procedures are favored. However, there is a limit under French law. This limit lies in the fact that French law distinguishes, after handing over of the works, between two kinds of - legal and contractual - responsibilities of the contractor towards the employer. In this way, the contractual procedures do not apply to disputes relating to correct defective works which are relevant to legal liability of the contractor, which does not exist in English and Vietnamese laws where the contractor is only responsible towards the employer for damage to the work under the contract and so disputes between them has to be settled by the contractual procedure.In application of the contractual procedures, attention should be paid to the implementation of the decision from these procedures. On this point, the arbitral nature of DAB’s decision must be considered so that it can be rapidly enforced. In addition, in order to make these procedures effective in practice, we also propose that the FIDIC should modify certain points of the “claim, Dispute and Arbitration” clause.As far as arbitration is concerned, in the actual context, it is no longer correct to think that ex aequo and bono arbitration and arbitration in law are only an alternative but we can combine them for the purpose of previous fairness arbitration and subsequently the arbitration in law. In the absence of the parties' agreement on the rules of law to be applied by the arbitral tribunal, the tribunal shall assume the powers of an amiable compositor. Apart from this problem, we also seek a new basis for recognizing the precedent value of the international arbitral award according to which the right of the parties as well as arbitrators to refer to the solution of a previous award in the similar case is recognized when the conditions to apply a precedent are met. In addition, attention should be paid to the determination of the jurisdiction of the arbitral tribunal towards the third-party non signatory to the arbitration clause. Finally, the setting aside of the award lead ipso facto to nullity of the arbitration clause as in Vietnamese law is an inadequate provision of the law that requires modification
Kubler, Sylvain. "Premiers travaux relatifs au concept de matière communicante : Processus de dissémination des informations relatives au produit." Electronic Thesis or Diss., Université de Lorraine, 2012. http://www.theses.fr/2012LORR0130.
Over the last decade, communities involved with intelligent-manufacturing systems (IMS - Intelligent Manufacturing Systems, HMS - Holonic Manufacturing System) have demonstrated that systems that integrate intelligent products can be more efficient, flexible and adaptable. Intelligent products may prove to be beneficial economically, to deal with product traceability and information sharing along the product lifecycle. Nevertheless, there are still some open questions such as the specification of what information should be gathered, stored and distributed and how it should be managed during the lifecycle of the product. The contribution of this thesis is to define a process for disseminating information related to the product over its lifecycle. This process is combined with a new paradigm, which changes drastically the way we view the material. This concept aims to give the ability for the material to be intrinsically and wholly "communicating". The data dissemination process allow users to store context-sensitive information on communicating product. In addition to the data dissemination process, this thesis gives insight into the technological and scientific research fields inherent to the concept of "communicating material", which remain to be explored
Vaux, Richard. "L' Europe face aux mouvements d'objets d'art : orientations et limites de la coopération européenne en matière de régulation des flux commerciaux et de lutte contre les trafics illicites de biens culturels mobiliers." Paris 8, 2000. http://www.theses.fr/2000PA081908.
Cantin, Marie-Hélène. "Entre droit et politique: le concept de délégation internationale et le règlement des différends commerciaux canado-américains en matière de droits antidumping et compensateurs sous le chapître 19 de l'ALÉ et de l'ALÉNA." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/30082/30082.pdf.
Cantin, Marie-Hélène. "Entre droit et politique : le concept de délégation internationale et le règlement des différends commerciaux canado-américains en matière de droits antidumping et compensateurs sous le chapitre 19 de l'ALÉ et de l'ALÉNA." Doctoral thesis, Université Laval, 2013. http://hdl.handle.net/20.500.11794/24609.
Mablouké, Cécile. "Étude des ratios isotopiques du carbone et de l'azote de la matière organique particulaire et des muscles de poissons d'intérêt commercial d'écosystèmes côtiers tropicaux du sud-ouest de l'océan Indien : contribution à l'étude de leur fonctionnement." Thesis, La Réunion, 2013. http://www.theses.fr/2013LARE0017/document.
The aim of this thesis was to study the feeding habits of coastal fish species of commercial interest andto use stable isotopes of carbon (δ13C) and nitrogen (δ15N) to investigate the trophic niches of fish and their use of coastal habitats in the south-west Indian Ocean. In the Bay of La Possession, the species among the most abundant around the artificial reefs immersed in 2003 (Luljanus kasmira, Priacanthus hamrur and Selar crumenophthalmus) feed essentially on pelagic prey and partition their trophic niche to limit interspecific competition. There was also a positive correlation between fish size and muscle δ15N values due to fish larvae contributing more to the diet of fish with age. The stable isotopie composition of the particulate organic matter (POM) was measured at the microscale (< 10 km) in the Bay of La Possession, the mesoscale (10's of km) around Reunion Island and, for the fish muscles, at the macroscale 100’s of km) along the Mascarene plateau and the Mozambique channel. At microscale, POM δ15N values do not show any spatial variability; at mesoscale, POM is 15N-enriched in the south-west of Reunion Island; at macroscale, fish muscles are gradually 15N-enriched towards the north. At microscale, POM shows a 13C-enrichment on the shallowest station; at mesoscale, stations on the east coast of the island are 13C-enriched compared to the west; at macroscale, POMδ13C values are not significantly correlated with latitude. Thus, the stable isotopes of carbon do not seem to be appropriate for the study of fish coastal habitat use at the meso- and macroscale, and the stable isotopes of nitrogen represent a better indicator of fish habitat use at the macroscale
Kubler, Sylvain. "Premiers travaux relatifs au concept de matière communicante : Processus de dissémination des informations relatives au produit." Phd thesis, Université Henri Poincaré - Nancy I, 2012. http://tel.archives-ouvertes.fr/tel-00759600.
Da, Conceicão Louis. "La décontamination chimique par les composés peroxygénés générés in situ, de synthèse et commerciaux : étude particulière de l'acide perpropionique : le premier peracide liquide industriel stable et miscible à l'eau." Paris 7, 2001. http://www.theses.fr/2001PA077180.
Dussaux, Damien. "Les effets des politiques environnementales sur le commerce international des déchets, l’innovation verte, et la compétitivité, dans un monde globalisé." Thesis, Paris, ENMP, 2015. http://www.theses.fr/2015ENMP0047/document.
In a globalized world, unilateral environmental policies may fail to correct market failures from a global point of view. In this dissertation, I examine some mechanisms through which environmental regulations could lead to inefficient outcomes under free trade. I also investigate how particular environmental policies such as recycling policies can help to address other concerns at the country level. In the first chapter of this dissertation, I analyze how cross-country difference in waste taxes impacts the bilateral trade in waste between the member states of the European Union. I find that a higher asymmetry in the waste taxes is associated with a non negligible amount of waste exported from strict countries to lax countries. This result illustrates the harmful impact that "race to the bottom" behaviours can have under free trade. This result has important policy implications since these behaviours can lead to an insufficient internalization of the environmental damages caused by waste management activities. Recycling policies are implemented to reduce environmental impacts but they can also mitigate country dependence on foreign raw materials. In the second chapter, I find that recycling policies substantially reduce country dependence on foreign raw materials by stimulating domestic production of secondary raw materials. In the third chapter, I test empirically whether offshoring to low-production-cost countries reduces firms' propensity to innovate in clean technologies. I find that trade with low-cost countries may have significantly reduced green innovation in high production cost countries during the last decades. In the last chapter, I use micro-data on French manufacturing to test a major part of the assumptions made in the seminal work of Porter and van der Linde. I find evidence against the Porter Hypothesis although the negative impact of regulations on firm profitability is rather small. This is evidence of a necessary but not sufficient condition for the Pollution Haven Hypothesis
Asloun, Ahmed. "Le programme intégré pour les produits de base." Nice, 1985. http://www.theses.fr/1985NICE0038.
Mekki, Kaïs. "Gestion de l'information embarquée dans des matériaux communicants à l'aide de protocoles de réseaux de capteurs sans fil." Electronic Thesis or Diss., Université de Lorraine, 2016. http://www.theses.fr/2016LORR0034.
A new Internet of Things area is coming with communicating materials, which are able to provide diverse functionalities to users all along the product lifecycle. As example, it can track its own evolution which leads to gather helpful information. This new paradigm is fulfilled via the integration of specific electronic components into the product material. In this thesis, ultra-small wireless sensor nodes are used for concrete precast field. Indeed, storage of lifecycle information and data dissemination in communicating materials are very important issues. Therefore, this thesis provides a new protocol (USEE) for storing data by a systematic dissemination through the integrated sensor nodes. It guarantees that information could be retrieved in each piece of the concrete by intelligently managing data replication among each neighborhood of the sensor network. The protocol considers in the same set uniformity storage in the whole network, the data importance level, and the resource constraints of sensor nodes. Then, another new data retrieval protocol (RaWPG) is developed to extract the stored information. Castalia/OMNeT++ simulator is used to evaluate the performances of the proposed protocols
Yazdeen, Haji Haji. "Integrating Material Flow Cost Accounting with Life cycle assessment to Assess the Economic an Environmental Performances of Selected Wood Industries in the Landes de Gascogne Forest, France." Electronic Thesis or Diss., Bordeaux, 2023. http://www.theses.fr/2023BORD0153.
There is an increasing understanding that our consumption and production patterns have to change to stay within our planetary boundaries, the planet being unable to indefinitely assimilate the effects of current anthropic activities. Correspondingly, in recent years, growing concerns about climate change pollution and biodiversity loss have driven business organizations to change their priorities, not only to achieve economic objectives, but also to consider ecological goals. Forestry, an important part of natural systems, has been a traditional supplier of renewable raw materials for industrial use (e.g., sawmilling for construction wood, pulp and paper, particle boards), as well as for domestic fuelwood. Although many studies have been conducted in this field, little attention has been paid to the importance of the monetary valuation of negative environmental impacts in order to determine the true price of wood products to take informed investment decisions. This study aims to assess economic and environmental performance of five maritime pinewood products during the gate-to-gate process (harvesting to semifinal product) in the Landes de Gascogne Forest (“Landes Forest”) in the Nouvelle-Aquitaine region of France. The product groups considered are construction wood, pulp, plywood, pellets and pallets. For this purpose, the study uses several systemanalytical methods in combination: material flow analysis (MFA), life-cycle assessment (LCA), life cycle costing (LCC) and material flow cost accounting (MFCA). The relevant MFA data in Chapter 3 was collected from an industrial partner and based on databases, literature sources and other references to obtain Life Cycle Inventories for the LCA study in Chapter 4. The LCA software SimaPro was used for this analysis, applying the ReCiPe life-cycle impact assessment method to identify the environmental impact (gate-to-gate) of the studied products. A cost model based on the Environmental Prices Handbook was developed in Chapter 5 to estimate the external costs based on the environmental impact results. This has been set for each product group and integrated into environmental LCC to compare the external with the internal costs, in far as possible with the data available. The methodologies have been tied together in Chapter 6 using MFCA; results correspond to the market share specified in Chapter 3 by MFA. We found that, among the studied products, unbleached pulp and plywood production have the highest economic and environmental costs at €32.36/€15.13 and €27.22/€7.14, respectively. That means that the best use of raw timber is as construction wood due to two reasons: first, the long lifespan of construction wood compared to other studied products; second, not only is less energy is required in the production process, but chemical materials are also absent from the process. This study proposes a suitable methodology framework for the economic and environmental assessment of forest products and other industries. Moreover, this work reviews the design and monitoring of wood from a sustainable resource and environmental impact perspective The environmental impacts costs (external costs or externalities) and key internal costs have been estimated for studied product groups. [...]
Loum-Neeser, N'deye fatou. "Les pays en développement et la brevetabilité des médicaments en matière de lutte contre le VIH/SIDA : étude de droit comparé sur les controverses actuelles concernant le rôle des brevets pharmaceutiques dans l'accès aux médicaments de traitement du VIH/SIDA des pays en voie de développement." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA034/document.
In developing countries, problems brought about by HIV/AIDS and inaccessibility of antiretrovirals (ARVs) are proving to be the cause of serious damages at all levels (demographic, political, social and economic). Within the context of the World Trade Organization, and in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), a growing number of developing countries have integrated or are in the process of integrating into their national law an international standard of patent protection for pharmaceutical products and processes. Such integration continues to play a major role in the issue of access to medicines in developing countries. The conditions and effects of the protection regime respecting innovations give rise to heated debates between supporters of an increased patent protection and defenders of the access to essential medicines. One of the main motivations for our research is to provide a study that helps to find solutions that are both in favour of improving access to medicines and protecting innovation. The complex problem of access to ARV drugs in developing countries is influenced by the multidisciplinarity and interdependence of many factors. The patent system does not solve the problem on its own. However, it should be seriously considered in its function of balancing the private and collective interests. It is a valuable legal tool for the economic and technological development of the developing countries and to achieve the common interest against the pandemic
Mekki, Kaïs. "Gestion de l'information embarquée dans des matériaux communicants à l'aide de protocoles de réseaux de capteurs sans fil." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0034/document.
A new Internet of Things area is coming with communicating materials, which are able to provide diverse functionalities to users all along the product lifecycle. As example, it can track its own evolution which leads to gather helpful information. This new paradigm is fulfilled via the integration of specific electronic components into the product material. In this thesis, ultra-small wireless sensor nodes are used for concrete precast field. Indeed, storage of lifecycle information and data dissemination in communicating materials are very important issues. Therefore, this thesis provides a new protocol (USEE) for storing data by a systematic dissemination through the integrated sensor nodes. It guarantees that information could be retrieved in each piece of the concrete by intelligently managing data replication among each neighborhood of the sensor network. The protocol considers in the same set uniformity storage in the whole network, the data importance level, and the resource constraints of sensor nodes. Then, another new data retrieval protocol (RaWPG) is developed to extract the stored information. Castalia/OMNeT++ simulator is used to evaluate the performances of the proposed protocols
Picard, Lysanne. "Perspective américaine de la coopération internationale en matière de régulation de la concurrence." Mémoire, 2011. http://www.archipel.uqam.ca/4066/1/M12141.pdf.