Дисертації з теми "Relations of obligation"
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Huet, Virginie. "L' obligation d'information du patient." Montpellier 1, 2004. http://www.theses.fr/2004MON10058.
O'Casey, Elizabeth. "A theory of need in international political theory : autonomy, freedom, and a global obligation." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/558/.
Bayram, Ayten Burcu. "How International Law Obligates: International Identity, Legal Obligation, and Compliance in World Politics." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1313423254.
Faraj, Amine. "L' obligation d'information dans le contrat médical : Approche de droit comparé franco-libanais." Montpellier 1, 2007. http://www.theses.fr/2007MON10021.
Millar, Katharine M. "Support is the new service : gendered political obligation, the military, and collective subject formation in international relations : an examination of support the troops discourse and civil-military relations in the US and UK from 2001-2010." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:4cbb21f4-2e5a-4089-b78a-f1d349e8d409.
Padden, Tom. "Engagement at the end of an era : evaluating the role of obligation in writers' contributions to the West German peace movement 1979-1985." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/33631/.
Randrianjanaka, Irène. "Le cadre juridique de l'exercice du chirurgien-dentiste : contribution à l'étude du contrat de soins." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10053/document.
During the last two decades, there has been a real upheaval in the profession of dental surgery. Important scientific and technological progress has been achieved. The nature of surgical procedure has also evolved, with the implementation of more and more sophisticated techniques and instruments. Dental surgery, commonly known as "dental art", has at last been recognised as a real medical speciality. Together with this evolution, administrative and regulatory constraints have been multiplied, and the legal background of the exercise of dental surgery in private practice has been reenforced. The patient himself has changed from the status of the one who incurs to that of a real actor with regards to healthcare, thanks to the wish of the legislator to establish a true healthcare democracy. But the practitioner is seeing his freedom of prescription as well as his therapeutic freedom restricted, especially by the publication of recommended good practice and binding medical references. The "special relationship", which previously caracterised the medical contract, has receded from the much decried paternalistic approach to a healthcare relationship creating duties but also rights for both parties. We can ask ourselves if nowadays, this healthcare relationship between the dental surgeon and the patient he cares for is still a form of contract
Ng, Yin Lu. "Consequences of psychological contract breach in a Malaysian context : investigating the role of felt obligation to reciprocate and equity sensitivity /." [St. Lucia, Qld.], 2006. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19742.pdf.
Fraisse, Wolfgang. "La responsabilité sociale des entreprises : une forme de régulation des relations de travail ?" Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2078.
The corporate social responsibility (CSR) of major companies, defined as the voluntary integration of social and environmental concerns in both business itself and in the relationships with stakeholders, has become the site of a series of acts and standards of diverse nature and effects. Encouraged to develop social initiatives, firms have experimented with several initiatives to promote the image of social responsibility. However, with any endeavour, these are likely to demand legal assessment, especially as the subjects to which they relate are subject to state regulation. Voluntary acts of CSR can, by their recommandatory, proclamatory or declaratory formulation, refer to hard law and thus constitute an educational or informational basis of the rule of law, offering a framework for monitoring fair and rational conduct. Other standards can also prescribe behaviours and act as a form of control. Moreover, the intensification of the normative force of those voluntary measures involves legal implications, both binding and inspiring CSR development. The national framework helps to shape the initiatives in this area. This legal mesh makes the CSR a space of varying regulation, including self-regulation as a result of unilateral will in light of legal obligations. In this new dynamic, one must not overshadow the legal freedom granted by the law, which, over judgment and analysis facilitates the conception of CSR as a standard of conduct, generating regulation forms and responsibilities within the employment report
Eideliman, Jean-Sébastien. ""Spécialistes par obligation" Des parents face au handicap mental : théories diagnostiques et arrangements pratiques." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2008. http://tel.archives-ouvertes.fr/tel-00333296.
Hamtat, Olivier. "L’obligation d'information des patients en matière d'actes chirurgicaux." Pau, 2006. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/l-obligation-d-information-des-patients-en-matiere-d-actes-chirurgicaux-9782848741352.html.
The obligation for a surgeon to provide information to his patients keeps on strengthening. This evolution stems both from a movement of secularisation of the medical practitioner’s function and from the growing consideration of the patient and his will. Better informed about all that concerns health, especially by the media, the patient probably asks to the practitioner to inform him about the results of his investigations and to be involved in the decisions to be made concerning the diagnosis and treatment of his disease. Furthermore, when several therapeutic ways may be contemplated for the treatment, it is more and more often proved that the choice of one therapeutic way does not only follow the dictates of biomedical criteria the practitioner may put forward. In addition to that modern medicine brings about more invasive practices into the patient’s body : in addition to the urgent repairing surgery there exist nowadays very invasive preventive interventions. All this makes the patient co-operation all the more necessary and the explanation to give to him all the more essential. The acknowledgement of a responsible patient faced with the surgeon authority creates a less hierarchical relationship. It’s on a more egalitarian ground that modern Law delineates the new guiding lines of the obligation to provide information to the patient and the requirement of his informed consent to the surgical intervention
Abou, Nader Wassim. "L'obligation de mise en garde du banquier dispensateur de crédit." Paris 2, 2009. http://www.theses.fr/2009PA020013.
Ndoyo, Ndangdeur Hubert. "L'information de la clientèle de banques depuis la loi du 24 janvier 1984." Clermont-Ferrand 1, 1990. http://www.theses.fr/1990CLF10087.
Banks and their customers have always been at loggerheads. This is certainly due to the lach of communication between the parties concerned. The problem is all the more acute as it has been a stumbling block amongst the partners. The consequences of this lisunder standing are felt on the level of risks concerning stocks and shares and other investments. They are also felt over the financial exprenses incurred by the customers, expecially on the invoice work for cash-desk and credit transaction. Aware of the situation at stake, the legislator has come out with the 24th of january 1984 law, and its application law, taking effect from the 24th july of the same year, in order to moralize the relationship between the credit firms and their customers by : 1 the creation of a consultative council whose mission is to look into the matter, and find out the origin of the conflict opposing the credit firms to customers and hence suggest opinion and recommendations with a view to solutions. 2 by the obligation imposed upon the credit firms to inform their customers from the time they open an account, to make sure they know the conditions of its utilization, the price of different services it gives access to, and bilateral commitments for both the firm and the customers alike. Since the publication of this law some efforts in informing the customers have been recorded. Despite the delay as to the diffusion of general conditions. There is hope though that this delai will be filled up as soon as possible. .
Ziani, Salim. "Service public et obligations de service public." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA011.
The « service public » is a key concept of French administrative law. It is based on the assumption that public entities are the initial guarantors of the public interest and solidarity. Today however, the « service public » was replaced by a specific notion that emerged from the law of the European Union and instead of being based on the ability of the State, it is based on the ability of the market. This concept is the «obligation de service public» (public service obligation) and it tends to regulate the role and intervention of the State in order to preserve the competition in the market. Through this change appears a new conception of the role of the State
Bozkaya, Ali. "La situation juridique d’une entité étatique non-reconnue dans l’ordre international." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100035/document.
An entity that fulfils classical criteria for statehood, in constituting a stable and independant governmental authority having an effectif control on a certain population in a certain territory is a State in terms of international law, notwithstanding its recognition by other States or other international law subjects. A discretionary non-recognition adopted by certains States towards such an entity means atmost a refusal to enter in diplomatical or other relations with this unrecognised entity. On the other hand, a non-recognition imposed by general international law or by a mandatory resolution of an international organisation signifies not only a refusal to enter in optional relations with the unrecognised entity but also a denial of its state status.The study of the legal situation of unrecognised entities shows that international law does not consider these entities as a land without law that can produce no act or relation in international order. On the contrary, the States take notice of the existance of unrecognised entities and establish relations with them in the framework of general international law or the resolutions of United Nations organs. Non-recognition represents only an unfriendly position adopted by non-recognising States towards the unrecognised entity for political reasons or as a response to an international law violation
Van, Deputte Camille. "Êtres obligés : jeunes hommes, aînées et devineresses dans la région de Korhogo (Côte d’Ivoire)." Electronic Thesis or Diss., Paris 10, 2023. http://www.theses.fr/2023PA100150.
Based on ethnography conducted among young men, elderly women and diviners in the Korhogo region of Ivory Coast, this thesis explores the everyday implementation of ties of interdependency, which I call relations of obligation, and how these relations contribute to the position and trajectory of such persons on the social chessboard. Most of the time they occupy a “obligated” position within their networks of relations of obligation. Young men remain in this situation despite their age and their aspirations to become heads of household with "obligated" persons of their own over whom they can exert authority. As a result of old age and widowhood, elderly women are faced with a reorganisation of the relations of obligation upon which they rely for their livelihood. While trying to maintain a role with respect to those who are "obligated" to them, particularly grandchildren, they are increasingly dependent on the support of others. Insofar as diviners are concerned, having to negotiate constantly both with members of their human entourage and with the entities that have elected them (ancestors, spirits), whose interests are often opposed. They find themselves having to deal with two sets of relations of obligation that are difficult to reconcile. The thesis is divided into six chapters, alternating between detailed analyses focused on one of these three groups of people, and more general analyses of social dynamics that bring relations of obligation into play: residential mobilities, formal friendship and the consequences of a relationship with an entity who pursue. Obligation, as a relational modality, opens up a novel understanding of the structuring of social relationships and of experiences of youth, old age and the condition of being elected by an invisible entity
Magerand, Bénédicte. "Les relations d'affaires en droit des obligations." Dijon, 2001. http://www.theses.fr/2001DIJOD006.
Marcoux, Gilles. "Engagement organisationnel et distanciation sociale : analyse interprétative de la situation expérimentée par des agents de service en centre d'appel." Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24660/24660.pdf.
Gorchs-Gelzer, Béatrice. "Des obligations "alimentaires" dans la relation conjugale ou parentale : Essai d'analyse de la pratique judiciaire ou discours sur l'implicité." Paris 2, 1997. http://www.theses.fr/1997PA020037.
There is a vast array of laws on maintenance obligation to spouses, relatives and children. When the actual sentences passed by judges are considered however, one finds more unity than diversity. Should we not answer this basic question? is there such thing as a duty to help, and to what extent? the definition of maintenance obligation hinges on two ideas : one conduct rule under the heading "to bring help", and the calculation rule enshrined under the equation "needs-wealth". Which of these two rules takes precedence over the other? the debtor helps the creditor only when the latter is judged to be need. The maintenance obligation can be defined as putting into an equation two conduct rules. The wealth of the debtor being correlated to the needs of the creditor, the enforcement of the maintenance obligation commits the debtor to one mode of living. Thus the conduct rule takes precedence over the calculation rule. This is illustrated by the use of obligation maintenance to allow one spouse to keep the family accommodation. While the judge makes his decision by assessing the relevant facts, one may well wonder whether there is not a set of common rules for maintenance obligations according to the type of marital or parental relationship. Reccurring sentencing patterns emerge. Is there then something as a common approach bringing about solutions resorted to frequently enough to be said to be shaped by a grid of common values and based on a few essential laws? an observation of divorce cases show that the wishes expressed by the parteners and the nature of the measure (definitive or provisional) upset this would be common approach
Habrial, Bertrand. "La Rupture unilatérale des relations contractuelles." Clermont-Ferrand 1, 2005. http://www.theses.fr/2005CLF10284.
The unilateral breach of contractuel relationships constitutes a survey of all the unilateral expressions of will destinated to interrupt the development of the pre-contractuel, contractuel and post-contractuel relations. Tha author offers a definition then tends to circumscribe in wich case the breach may be allowed and in wich case it must be put aside. Regarding to this, the respect of the contractual liberty and of the commitment effect of a contract are in theory decisive considerations, although recently the development of the unilateral breach has been seen during the second period but a development in which the prospect remains limited. The second part treats of the exercice of the breach. The conditions of the exercice (notice, motivation, compensation, notably), the unilateral breach consequences, as well as the continuations of the unlawful exercice of the breach are studied
Viaud, Florent. "La relation contractuelle de fait." Chambéry, 2010. http://www.theses.fr/2010CHAML017.
The factual contractual relation is the conceptual translation of the material relatiy of contract. Its identification requires beforehand to admit that the contractual phenomenon is not only a contractual process and that it includes a material reality which is synthetised by the contract's purpose. Choosing a teleological definition leads to consider the contract as a legal tool produced by the law and put at the disposal of the parties to accomplish a concrete action. Following this reasoning, the material operation is not the contract's content but its economic function which, undertood materially and objectively, may be given a functional autonomy. However, not every contract may have its material reality produce the corresponding relation. The latter draws its substance from the material link which unites the individuals in the effective and durable completion of the economic operation which requires their cooperation. Its specific structure and independance from the contract makes the factual contractual relation an original concept. But the factual contractual relation should not be reduced to a concept. It is also an instrument with specific functions following concrete purposes. Its functions both work as substitutes and justifications. From its appearance, the factual contractual relation obtains skills enabling it either to substitute for a concept which legal meaning matches reality, or to justify it when its cause is inadequate. Its purpose are protective and compensatory. Because its is the material duplication of the contrac, the factual contractual relation is able to give a cause to certain protective provisions which are applicable to the contract wich gave birth to the relation. The admittance of a factual contractual relation also enables the parties, if need be, to appeal to the contractual liability in its compensatory function
Clawson, Julie Ann Finley. "Perceptions about roles and obligations in families in which the older generation members are remarried." free to MU campus, to others for purchase, 1999. http://wwwlib.umi.com/cr/mo/fullcit?p9946250.
Vieira, Guy Antoine. "Le rôle des organismes professionnels dans les relations contractuelles." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32057.
Professional organizations are legal entities in private law whose members are united by a common profession. They intervene in two contractual fields. * The negotiation and the conclusion of the collective agreement on labor. These agreements produce their effects beyond the contracting parties, contrary to the principle of the relative effect of the agreements. Furthermore, they bring about a major intervention by the authorities, infringing upon the concept of contractual freedom. * The fight against unfair clauses. Professional organizations have established the “Code of Ethical Conduct”. They also act as mediators and arbitrators in disputes between consumers and professionals. Moreover, they have concluded the collective agreement on consumption, though it still does not have the same legal force behind it as the collective agreement on labor: legislative action is, therefore, necessary in order to better protect the consumer
Beattie, Amanda Russell. "Obligations of love : international political thought & the tradition of natural law." Thesis, St Andrews, 2008. http://hdl.handle.net/10023/536.
Craig, E. M. "Multilateral treaties and state obligations in relation to national minority education." Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431581.
Foisy-Couture, Ugo. "Les relations féodo-vassaliques durant la première croisade (1096-1099)." Mémoire, Université de Sherbrooke, 2017. http://hdl.handle.net/11143/10522.
Weymuth, Annelle Zerbe. "Attitudes about intergenerational family obligations related to providing inheritance /." free to MU campus, to others for purchase, 1997. http://wwwlib.umi.com/cr/mo/fullcit?p9841347.
Péjout, Olivier. "La conditionnalité en droit des aides d'Etat." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0616/document.
State aid law is a unique area of European Union (EU) law. Its objective makes it evenunique in the world and yet it remains partly unknown and its effects underestimated. Theeconomic and financial crisis, which began in 2007, has brought it back to the forefront. Inthis context, a tool has proved to be central in the management of events: conditionality. Thistechnique, which has long been ignored, has always had an unsuspected influence on themechanism of control over state support. On the one hand, it authorizes the Commission torequire substantial changes, both in the aid project and for the beneficiaries, in order toauthorize its implementation. On the other hand, conditionality allows the Commission to putforward a political agenda, indirectly, to service the deepening of the EU. Its impact is notlimited to the question of the compatibility of public funding. It is also expressed in the contextof the monitoring of conditional decisions, and possible judicial review. New techniquesbased on conditionality have emerged at all stages state aid control. Moreover, it plays aconsiderable role, upstream, in the process of creating state aid law and its soft law. Givenits scope, this study focused on measuring the extent of this phenomenon, defining itsconcepts, identifying its forms and evaluating its consequences. As a result, conditionality isat the origin of a new approach to state aid law
Larsson, Mikael. "Relationen mellan avkastning och löptid hos extremt långa obligationer." Thesis, Uppsala University, Department of Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-6395.
I den klassiska litteraturen om avkastningskurvan antas riskpremier vara tidsinvarianta medan modernare jämviktsteorier tillåter risken att variera över tiden. Studien utgår från båda teorierna när korta investeringar i långa obligationer från Storbritannien analyseras. Vidare analyseras vilken effekt olika löptider har på obligationernas överavkastning. När vi kontrollerar för direkta löptidseffekter, givet konstant kortränterisk erhålls ett direkt samband som är i paritet med likviditetspreferenshypotesen. När kortränterisken tillåts att ha olika effekter över löptiden är det uppenbart att den dokumenterade löptidspremien är en kompensation för kortränterisken. Sammanfattningsvis kan det konstateras att den korta räntan utgör en tillfredställande beskrivning av risk på avkastningskurvans extremt senare del i en relativt enkel modell.
Da, Costa Rosa. "Ethics and obligations of justice in international relations: The implications of Rawls's Law of Peoples." Thesis, University of Ottawa (Canada), 1995. http://hdl.handle.net/10393/10521.
Karl, Estupinan Claudio. "Three essays on the economics of the postal sector." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209834.
In chapter one, we investigate the consumers' preferences for various kinds of postal services. As such, we begin by reviewing the market and regulatory conditions for Europe and for our case study, Belgium. Then using data provided by the incumbent provider, the Belgian post (Bpost), we estimate demand price elasticities. The data comprises customer transactional information on letter mail, direct mail, parcels & express services, press delivery and value added services for the 2008-2009 period. These categories constitute not only the important lines of services that Bpost offers to its clients but also the main segments that constitute the whole Belgian postal market. As such, and using standard methods, we estimate for each service an equation that explains demand by prices, product varieties (i.e. mixes or combinations of volume, weight, priority and destination, inter alia), income, regulation proxies and other socioeconomic variables. The estimated price elasticities for regulated and partially regulated services are around -1.1, whereas for unregulated segments they fluctuate between -2.1 and -2.8. The lowest price elasticity is obtained for direct mail services (-1.0); the highest ones are associated with value added services (-2.1) and registered mail (-3.3). Price elasticities may be influenced by the cyclical effects during the period of analysis. Therefore, elasticities are higher when compared with the empirical evidence obtained for other countries and through the various methodologies applied over the last decades. The fact that technological substitutes, such as expenditures on telephony and internet access for daily and administrative mail services and, radio and television advertising for direct mail services, could not be accounted for (because there were no data available) may however be considered as a major limitation for the scope of our results.
In the second chapter, we explore theoretically the effects of the USO on unregulated markets. In particular, we are interested in investigating its welfare effects when the provision of services cannot be technologically separated. We present a model in which there is an incumbent who provides two services: a universal service and a non-USO service, the latter opened to competition. This is the case of letter mail and direct (or bulk) mail, services which have quite different purposes and regulatory frameworks (i.e. the former is fully regulated whereas the latter is liberalized under the current European Internal Market framework), but are jointly produce at some stages of the postal value chain. The USO is simplified to two dimensions, affordability and quality, implemented as a price cap and a minimum quality standard (MQS) for the provision of letter mail services. The latter involves the technological aspects that we are interested in. We find that the definition of the USO plays an important role in organizing markets that are open to competition. When it imposes few quality requirements (low MQS), the incumbent is not cost efficient enough to provide the high-quality variant of bulk mail, allowing its competitors to cream-skim the segment. However, because there are cost economies, the firm's participation in the segment yields a higher average quality of mail services at lower prices. When the USO is too comprehensive (high MQS), the incumbent exhibits large cost economies that ensure a dominant position in the provision of bulk mail services. Consumers are worse off as competition induces too much service differentiation in order to make profitable the provision. Relaxing the definition of the USO mitigates the competitive advantage of the USP and so, yields improvements in welfare. In the absence of access costs, firms will find profitable to participate in the bulk mail segment. However, foreclosure happens if the USO induces the incumbent to exhibit significant fixed costs. Therefore, the USP may end up as the sole supplier of bulk mail services if the definition of the USO imposes too many quality requirements (high MQS). In that case, the authority must balance the welfare gains of defining USO with the welfare losses of the consumers of the contested service.
Finally, in the third chapter we consider the ownership aspect of the provision of universal services as an incentive to introduce competition. One can further segment the provision between services for customers located in high-cost areas and services for customers located in low-cost areas. Additionally, under the current EU legislation, the supply is divided between upstream activities (e.g. collection and sorting) and downstream activities (i.e. delivery). The provision of upstream activities in high-cost areas remains in hands of the incumbent firm or the owner of the downstream (delivery) network. The upstream provision in low-cost areas is open to competition, but a retailer may be vertically integrated/separated or legally unbundled with the downstream firm. Legal unbundling means, in our model, that the downstream firm and one upstream firm located in the low-cost area belong legally to the same entity entitled to all profits, whom does not have full control rights over the firms' decisions. That is to say, upstream activities and the downstream services will be managed separately under the same ownership. In this framework we analyze the firm's boundaries in terms of competition development and welfare. We implement two criteria to answer questions like, does vertical separation promotes competition (entry of firms) while covers a larger demand than vertical integration? Does vertical integration demand less public funds to cover demand? Does legal unbundling is worse than ownership separation to promote competition? The first criterion is the probability of entry (of the potential upstream firm), which we determine for each modes of ownership. The second criterion is the cost of public funds. It is implemented by defining a loss function as the difference between the expected consumer surplus when the downstream firm chooses an access fee that maximizes its profits and the consumer surplus when access is priced at marginal cost. The use of both criteria let us conclude that efficient entry occurs when the downstream firm is vertically separated or legally unbundled of the retailer providing services in the low-cost area. However, it is under legal unbundling that the access charge takes its lowest value. The highest cost of public transfers is obtained when firms are vertically separated, but the lowest one is attained when firms are legally unbundled. Therefore legal unbundling constitutes the preferred organizational form to induce competition and to reduce the cost of public funds.
Doctorat en Sciences économiques et de gestion
info:eu-repo/semantics/nonPublished
Rotman, Leonard Ian. "Solemn commitments, fiduciary obligations, treaty relationships and the foundational principles of crown-native relations in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/NQ35390.pdf.
Lami, Marie-Pierre. "Is the Helms-Burton Act consistent with the international obligations of the United States." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0023/MQ50943.pdf.
Deletré, Doussau Sophie. "Donner et pardonner : à la recherche de l'humanité : l'humanité à la lumière du don et du pardon." Paris 8, 2008. http://octaviana.fr/document/14328570X#?c=0&m=0&s=0&cv=0.
The concept of forgiveness comes from Christian tradition, it is based on the idea of free and absolute mercy. That's the reason why we cannot subscribe to the interpretation contemporary anthropology and sociology gave of Marcel Mauss's Essay on the gift, nor consider the phenomenon of gift as a simple form of exchange. Of course, the radical and absolute determination of forgiveness can be discussed. And has been discussed : some philosophers tried to determine some limits and some conditions of possibility to forgiving the crimes totalitarian governments committed in the XXth century. Nevertheless, the experience of forgiving, as the experience of being forgiven, do not only pose moral questions about our duties and obligations. The question is not : "what do we have to forgive, and what is unforgivable ?" Forgiveness transcends morality and supposes to recognize the importance of free love and gift. Indeed, private relations, just as political ones, could not exist, and be authentic, rich and profound if they do not integrate a dimension of generosity, and believe in it. The dissymmetry gift implies can be dangerous, but when the gift is really free, it's fertile. More of it, only such phenomenons can allow humanity to have confidence in its future and in contemporary evolutions, because they replace economical and technical patterns by human ones
Mirikian, Vahe. "The United States and the Syrian Refugee Crisis| The Impact of Orientalism on the Moral and Legal Obligations to Help Refugees." Thesis, The American University of Paris (France), 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=13871630.
Petrou, Spyridon. "Obligations internationales et euro-crédits : techniques, structures et principaux protagonistes." Grenoble 2, 1986. http://www.theses.fr/1986GRE21067.
International bonds and euro-currency credits are the principal vehicles utilized by private corporations, public entities and sovereign borrowers for financing in the international capital markets. In recent years, the structure of major international financial markets, has been altered by the development of new instruments, significant changes in official regulations governing the banking and securities markets, and more intense competition between various financial intermediaires. The scope of this survey is mainly the analysis of private financing flows through international capital markets, and the description of banking practices, specially loan syndication used by international banks. First of all, we provide the description of the classic types and the recent innovations of euro-bonds, foreign bonds and euro-notes facilities as also euro currency credits, in benefit of potential borrowers. We examine the patterns of managing the above instruments, particularly through an elaborate analysis of loan syndication in theory and practice. Then, we present the nature and the nationality structure of both borrowers (oecd, ldcs, comecons) and lenders (consortiums and international banks), as also the main conditions of borrowing, specially through an economic and statistical study of the period 1974 1985. Finally, the evolution and all recent mutations of international capital markets, illustrate the interactions between financial, economic and regulatory factors in an international context
Parinet, Pauline. "La carence de l'administration." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1012/document.
The deficiency of the administration is meaningful and also ambiguous. Meaningful as it brings back administrative bad memories for every citizen. But ambiguous, for jurists, as the deficiency naturally reminds them of many terms which are very close, such as lethargy or abstention. Nevertheless, the deficiency has to be distinguished from these terms and can be defined as the result of some inactions : the ones which should not have happened. The recognition of the administrative deficiency has thus a function : highlighting an unacceptable passive behaviour. What it means an insufficient use of its means to fulfil its mission and an abusive abstention. So, the abnormal nature of this inaction highlighted by this recognition needs a reaction of the legal system, in order to condemn this noted lack, jurisdictionally or not
Brand, Dirk Johannes. "Distribution of financial resources and constitutional obligations in decentralised systems a comparison between Germany and South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2005. http://hdl.handle.net/10019.1/1167.
In this dissertation a comparative study is made of the constitutional accommodation of the distribution of financial resources and constitutional obligations to the various spheres of government in Germany and South Africa. Both countries have decentralised or multi-level systems of government and can be classified, in terms of current studies on federalism, as integrated or cooperative federal systems. An overview of the historical developments, the political contexts, the fundamental principles and the constitutional frameworks for government in Germany and South Africa is provided as a basis for the in-depth analysis regarding the financial intergovernmental relations in these countries. This study has shown that economic theory is important in the design of decentralised systems of government and that political and socio-economic considerations, for example, the need for rebuilding Germany after World War II and the need to eliminate severe poverty in South Africa after 1994, often play a dominant role in the design and implementation of decentralised constitutional systems. The economic theory applicable to decentralised systems of government suggests a balanced approach to the distribution of financial resources and constitutional obligations with a view to obtaining the most efficient and equitable solution. In both countries the particular constitutional allocation of obligations and financial resources created a fiscal gap that required some form of revenue sharing or financial equalisation. The German financial equalisation system has been developed over fifty years and is quite complex. It attempts to balance the constitutional aim of reasonable equalisation of the financial disparity of the Länder with the financial autonomy of the Länder as required by the Basic Law. The huge financial and economic demands from the eastern Länder after unification in 1990 placed an additional burden on the available funds and on the financial equalisation system. Germany currently faces reform of its financial equalisation system and possibly also bigger constitutional reform. The South African constitutional system is only a decade old and the financial equalisation system that is less complex than the German system, is functioning reasonably well but needs time to develop to its full potential. The system may however require some adjustment in order to enhance accountability, efficiency and equity. A lack of sufficient skills and administrative capacity at municipal government level and in some provinces hampers service delivery and good governance and places additional pressure on the financial equalisation system. The Bundesverfassungsgericht and the Constitutional Court play important roles in Germany and South Africa in upholding the principle of constitutional supremacy, and make a valuable contribution to the better understanding of the constitutional systems and the further development thereof. This study has shown that clear principles in constitutional texts, for example, such as those contained in the Basic Law, guide the development of applicable financial legislation and add value to the provisions on financial equalisation and how they are implemented. These principles in the Basic Law are justiciable and give the Bundesverfassungsgericht an important tool to adjudicate the financial equalisation legislation. The study of the constitutional accommodation of the distribution of financial resources and constitutional obligations in Germany and South Africa is not an abstract academic exercise and should be seen in the particular political and socio-economic contexts within which the respective constitutions function. The need to give effect to the realisation of socio-economic rights, for example, the right of access to health services, places additional demands on the financial equalisation system. The South African society experienced a major transformation from the apartheid system to a democratic constitutional order that in itself has had a significant influence on financial intergovernmental relations. This dissertation focuses on a distinct part of constitutional law that can be described as financial constitutional law. This comparative analysis of the two countries has provided some lessons for the further development of South Africa’s young democracy, in particular the financial intergovernmental relations system.
Sprik, Lenneke H. M. "A failure to protect in peacekeeping operations : a commander's responsibility? : obligations and responsibilities of military commanders in UN peacekeeping operations." Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8613/.
Carnio, Henrique Garbellini. "O direito e a política entre a obligatio e o bando." Pontifícia Universidade Católica de São Paulo, 2013. https://tede2.pucsp.br/handle/handle/6126.
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
The present thesis aims to address the relationship between law and power in its relationship with politics and violence. The work claims to demonstrate that the problematization propose reveals a zone of indeterminacy between the intricacies of law and politics. With this, the thesis intends to lay the foundations for an introduction to a theory of politic-law, in other words, to propose the basis of a legal-politic theory that contributes in a emphatic and in critical way in the discussion of the current legal problems, in particular, the characteristics situations that show a use of law as manipulative governance force that causes disorientation of life itself and reveals a dimension in which the law and institutions who use it turn against themselves generating a profound trivialization of the concepts of legality and legitimacy. The proposal has a genealogical investigative method that understands, in a relational way relationally, law and politics as typically human phenomena that are rooted in deeper dimensions of man from primitive communities and in a emblematically form nowadays
A presente tese objetiva abordar o problema da relação entre direito e poder em sua articulação com a política e a violência. Há no trabalho a pretensão de demonstrar que a problemática instaurada revela atualmente uma zona de indeterminação entre os meandros do direito e da política. Com isso, pretendese lançar as bases de uma introdução à teoria política do direito, ou seja, de propor as bases de uma teoria político-jurídica que contribua de maneira enfática e crítica na discussão dos atuais problemas jurídicos, em especial, das características situações que evidenciam um uso do direito enquanto força manipuladora de governabilidade que ocasiona desorientação da própria vida e revela uma dimensão em que o direito e as instituições que dele se utilizam voltam-se contra si mesmas gerando uma profunda banalização das noções de legalidade e legitimidade. A proposta tem um mote investigativo genealógico que entende, de modo relacional, o direito e a política enquanto fenômenos tipicamente humanos que encontram-se enraizados nas dimensões mais profundas do homem, desde as comunidades primitivas e de forma emblemática nos dias atuais
Monziols, Guillaume. "La dématérialisation de l’accès aux tests génétiques au regard des droits et obligations des partenaires à la relation de soins." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD047.
The dematerialization of access to genetic testing appears to be a tool to satisfy all the aspects of the right to health protection. Indeed, in this field, the specialization of medicine induces a limitation of the numbers of persons entitled to prescribe genetic tests. The quest for the best quality and health security for the realization of the genetic tests induces problems of equal access to the laboratories of medical biology authorized for this purpose, but to which dematerialization can give answers. Also, dematerialization does not appear to be antinomic of patient autonomy, although it presents weaknesses
Lautard-Mattioli, Clémence. "La politique préférentielle de l'Union européenne en faveur des pays en développement au regard du droit de l'OMC : chronique d'une mise en conformité difficile." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010296/document.
The European Union (EU) Preferential Treatment aims at granting an easier access to the common market. For the Developing Countries, the interest of such a policy is to enhance their exportation ability, and consequently, to secure growth and development since two decades, this policy is constantly and thoroughly changing. To analyze this mutation we have to consider the way the World Trade Organization (WTO) Law is integrated by and within the European instruments, as the EU is due to abide by it. In practice, this obligation was often breached. The EU and the WTO are related in a strong but complex way. Compliance is the instrument used in order to ensure the observance of WTO law: li has been imposed by the WTO framework and translated within the EU law. Nevertheless, compliance has different meanings depending on which provision is analyzed. The specificity of the European instruments legal basis, as well as the complex relationships between the two legal systems, led to a complex process of compliance. If progress is real, various issues remain unresolved. To some extent, the reform of the EU preferential treatment is a threat for the originality of European instruments toward Developing Countries. This process raises also questions about the relationship between bilateralism and multilateralism
Khalfan, Ashfaq. "State obligations beyond borders relating to economic, social and cultural rights : legal basis, extent and implications for development cooperation." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669753.
Di, Fazio Sophie. "Approche juridique des obligations et des devoirs des personnes hospitalisées." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10040.
Medical relation is in permanent mutation due to technical evolutions or mentality changes. Patients have been awarded rights by the Charter of hospitalized people's rights that make them major partners in the medical relation taking a more and more active role. These rights have profoundly marked the minds of health professionals who feel stigmatized by a consumption and proof society. The trust relation loses its interest for the benefit of information, obtaining consent, dignity's respect and confidentiality. Talking about obligations and duties is not insignificant. This concept has a dual interest in view of the context and the stakes of our society and it could naturally find a scope in the sanitarian field, especially during hospitalization. The real question is to know if, in the latter case, obligations and duties dependent on the hospitalized people exist. A first approach will permit to search for answers, while a second approach will try to list obligations and their possible penalties. To draw a parallel between the rights and obligations of hospitalized people should finally permit to link practitioner and patient, to balance the relation and so to acknowledge a counterbalance to the rights, a complement not an opponent to the Charter. Still, these obligations have to be known
Jarc, Jaka. "Rights and obligations : conceptions of social relations viewed through the treatment of possessions in the Biblical poems of Oxford, Bodleian Library MS Junius XI." Thesis, University of Exeter, 2015. http://hdl.handle.net/10871/19349.
Harris, Linda H. "On Human Migration and the Moral Obligations of Business." UNF Digital Commons, 2008. http://digitalcommons.unf.edu/etd/296.
Nuyken, Mark E. "Between domestic constraints and multilateral obligations : the reform of the Bundeswehr in the context of a normalised German foreign and security policy." Thesis, University of Stirling, 2012. http://hdl.handle.net/1893/6511.
Magang, Veronica G. "A sensemaking perspective on the psycological contract formations during organisational socialisation." Thesis, University of Bradford, 2009. http://hdl.handle.net/10454/4294.
Goto, Hiroshi. "Comparison of Japanese and English laws relating to the obligations and duties of company directors in the context of good governance." Thesis, SOAS, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.440533.
Armbruster, Néda Bracq Stéphane. "L'impact du droit communautaire sur les relations entre l'Etat et les entreprises chargées d'un service d'intérêt économique général vers une contractualisation des obligations de service public ? /." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/intercomm/armbrustern06.pdf.