Дисертації з теми "Supervision of the proceedings clause"
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Ung, Sreida. "Essai sur la transmission de l'action en justice." Electronic Thesis or Diss., université Paris-Saclay, 2023. http://www.theses.fr/2023UPASH006.
Повний текст джерелаEveryone is free to dispose of their assets as they wish, in compliance with public order. Then they are free to give all or part of their assets. It is traditionally and widely accepted that a legal action follows the substantial subjective right to which it is linked, as a satellite. It may be complex to apprehend the interest of a transfer of legal action without the substantial subjective right to which it is linked, as it may be difficult to understand the use of a satellite with no planet to orbit around. Legal actions are not considered an asset, which makes the understanding of its transfer without the substantial subjective right to which it is linked, more difficult to apprehend. Even though it is complex to understand, this transfer may be of interest. The one who gives their legal action will not have to bear the costs of a trial. This is of interest to them especially if they are not entitled to legal aid or if they don't have legal expenses insurance. As third-party funding in Common law countries, the one who receives the legal action may charge its remuneration on a percentage taken on the result of the trial. Then the giver will avoid the costs of going to court.A review of current substantive law forces us to recognize the existence of cases of transfer of legal actions, with or without the substantive subjective right to which it is linked, with or without the consent of its holder.This present study aims to present a critical view of these cases of transfer of legal actions and to highlight specific constraints of the transfer of legal action without the substantial subjective right to which it is linked
Усова, А. В. "Актуальні питання щодо здійснення прокурорського нагляду за додержанням законності у кримінальному судочинстві". Thesis, Сумський державний університет, 2016. http://essuir.sumdu.edu.ua/handle/123456789/46860.
Повний текст джерелаOssagou, Diane Loïca. "Arbitrage et procédures collectives." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10059.
Повний текст джерелаThe purpose of the thesis is to deal with the meeting between arbitration and collective proceedings. It is organized around a triple statement. At first, marked by a strong imperialism, considerations of public order, the opening of a collective procedure is not without incidence on the arbitration bodies in course and on the arbitration bodies which have not yet started . The public order of collective proceedings has an impact both on the conduct of the arbitral proceedings and on the outcome of the arbitral award.Secondly, arbitration, which is marked by the will of the parties, contractual freedom, survives despite the opening of a collective proceeding. Indeed, the public order of the collective proceedings is not sufficient to exclude arbitration. The arbitrator's jurisdiction is upheld for all disputes that are not born of the collective proceeding and over which the latter has no legal influence. Lastly, persists during the meeting between arbitration and collective proceeding, a post-arbitration litigation
Scheffer, da Silveira Gustavo. "Les modes de règlement des différends dans les contrats internationaux de construction." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020080.
Повний текст джерелаThe Dispute Resolution Mechanisms in International Construction Contracts is a subject of paramount practical importance. In light of their complexity, and the unforeseeable circumstances to which these long term contracts are exposed, disputes are a constant factor, from the signature of the contract to the completion of works. Furthermore, these disputes are very diverse, each one presenting its own set of characteristics. Facing these issues are the parties, who wish to complete the project within the time and price agreed, in order to be put it to use and make the expected profit. To achieve this goal, the parties need to resolve their disputes in the most efficient manner possible, preventing disputes from disrupting the execution of works. In this regard, arbitration, that has been for a long time the predominant method for settling disputes in international construction contracts, would seem to be suffering from the concurrence of other dispute resolution mechanisms. The underlying reason is that arbitration would not be adapted to all types of disputes that could arise from these contracts. However, contrary to this idea of concurrence, the industry has established, via multi-tiered clauses, a system that puts forward and interplay between the different dispute resolution mechanisms. The purpose of this system is to be flexible to adapt and efficiently resolve the largest potential number of disputes. The objective of this thesis is to give a comprehensive analysis of the reasons for the rise of the multi-tiered system, as well as of the difficulties of its practical application, may that be with respect to the pre-jurisdictional phase, jurisdictional phase, or the relationship between both
Séjean-Chazal, Claire. "La réalisation de la sûreté." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020069.
Повний текст джерелаUp until the order of 23 March 2006 on security rights, a creditor aiming at realizing his surety had to resort to the procedures of execution available to any creditor in order to implement his general right of pledge. The effects of the real surety would manifest only after the execution sale of the encumbered property, through the preferential satisfaction of the creditor during the proceedings of the price distribution. The 2006 reform of the law of security rights has altered this situation by generalizing the judicial attribution and by legalizing the conventional attribution of the encumbered property. These modes of realization are deemed to be simpler and faster than the traditional enforcement proceedings, but also more efficient to shut out the other competing secured creditors. From now on, the creditor benefiting from a real surety is favoured as soon as he exercises his rights against the defaulting debtor. In order to exercise his power of constraint, he may rely on all the enforcement proceedings that are specific to the real surety. The legislator has carefully provided guidelines to use these attribution techniques to protect the interests of the debtor. However, the legal framework applicable to these modes of realization deserves to be adjusted in order to improve their legal certainty, their efficiency, and therefore their attractiveness. The effects of these modes of realization against the competing secured creditors of the recipient are not completely clear. Attribution is often presented as a technique that ensures the plaintiff an exclusive satisfaction, while the competing creditors’ claims are redirected on a hypothetical consigned remainder. Although the other creditors cannot take part in the procedure, nothing justifies that their rights be undermined. It is therefore important to determine how to reconcile the optional attribution of the encumbered property and the rights of the competing secured creditors
Aymone, Priscila Knoll. "A problemática dos procedimentos paralelos: os princípios da litispendência e da coisa julgada em arbitragem internacional." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-10092012-160746/.
Повний текст джерелаThis thesis aims to analyze the phenomenon of parallel proceedings in international arbitration, a reality that emerges from the increase in economic activity and business transactions among companies from different countries or among companies and State entities whose business places are located in different countries. This multiplicity of proceedings can be manifested in a number of scenarios: the existence of two arbitrations between the same parties concerning the same legal relationship and arising out of the same arbitration agreement; two or more arbitrations related to a group of contracts, providing for different arbitration agreements, involving the same parties; or even an arbitration and a court action based on an arbitration agreement and a choice of fórum clause, respectively, simultaneously pending related to the same legal relationship, between the same parties. Investment arbitration, especially, is a breeding ground for the proliferation of parallel proceedings arising out of the same investment, involving direct investors or their shareholders, based on bilateral investment treaties (BITs) or on contracts. However, the regulation of such problematic scenarios raises complex questions, since arbitration is the mechanism for settlement of disputes commonly used in international contracts. In order to systematize this study and to answer questions of how to overcome and regulate the negative effects of parallel proceedings (such as the risk of contradictory decisions, the multiplicity of proceedings against the same respondent and the high costs incurred in these proceedings), this thesis is divided as follows: Preliminarily, the subject matter is introduced by the definition of parallel proceedings and its different types, such as conflicting and non-conflicting parallel proceedings. Subsequently, this thesis is divided into two parts. In the First Part, the classical principles of lis pendens (Chapter I) and res judicata (Chapter II) will be examined as measures to avoid the risk of parallel proceedings between the same parties, the same cause of action and the same object as adopted in the Civil Law countries and its variations in Common Law countries, such as forum non conveniens to the hypothesis of lis pendens and pleas of estoppel to the res judicata effects. The Second Part presents an analysis of the possibility of the transposition of lis pendens (Chapter I) and res judicata (Chapter II) to the field of international arbitration, as well as other mechanisms to mitigate the effects related to parallel proceedings in international arbitration for instance, the consolidation of two arbitrations and joinder of a new party to the arbitration and, in investment arbitration, waiver, fork in the road clause and parallel treaty arbitrations (Chapter III).
Garinot, Jean-Marie. "Le secret des affaires." Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD007.
Повний текст джерелаDespite its practical relevance, business secrecy remains barely recognized under French law. Even if various texts refer to that concept, it cannot be considered as a legal concept under French law. In order to face the defects of our law, courts are bound to apply ordinary law to guarantee the protection of sensitive business information. However, applying article 1382 of the French civil code (torts) as well as referring to the concepts of robbery or handling (criminal law) are inappropriate solutions. Nevertheless, some foreign legal systems have demonstrated that protecting business secrecy was necessary. Therefore, our study will seek the grounds of that need for protection. Protecting confidential data, although justified, must be compatible with other key principles: individual rights to information, civil trial practice standards, financial transparency or freedom of work. Thus, the purpose of that study is to delimitate the concept of business secrecy before suggesting new measures to protect it while preserving third parties beneficiaries
Peeroo, Jamsheed. "La protection de l'instance arbitrale par l'injonction anti-suit." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D038.
Повний текст джерелаThe anti-suit injunction is the only means capable of preventing a party from being involved in proceedings commenced before a domestic court of its choice in bad faith and with the only objective of disrupting arbitration. It is most efficient in the form of an interim measure. In accordance with modern arbitration laws and rules, this jurisdictional tool may be obtained, in this form, from arbitration tribunals, which normally have sufficient imperium to order it, as well as to impose sanctions on any non-compliant party. Although it can be issued before the parties’ rights have been determined, the arbitrator must nevertheless make sure that its legal basis falls under his jurisdiction. Examples of such legal bases are the prima facie potential breaches of one of the obligations contained in the arbitration clause, such as to perform it in good faith, or of a confidentiality clause contained in the main contract. This restraining measure is also available to the French judge, since prohibitory injunctions are hardly unknown to French law. In the field of arbitration, it appears that its use may be permitted under the new Brussels 1 bis Regulation in spite of the West Tankers case and, especially, where it takes the form of an interim measure. When its issuance appears to be legitimate, it is primarily for the court of the seat of an arbitration to decide whether it should be ordered in support of the arbitration proceedings. However, for reasons of efficiency, if the court of another country happens to be in a better position to ensure compliance with the anti-suit injunction, it may also order it
Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Повний текст джерелаThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
CHIA-CHEN, YU, and 余佳臻. "The study of supervision clause in outsourcing contracts of public affairs." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/87934293652282843655.
Повний текст джерелаHorňák, Jakub. "Dozor státního zástupce v přípravném trestním řízení." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-435939.
Повний текст джерелаŠupíková, Natálie. "Dohled v notářské samosprávě." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-446007.
Повний текст джерелаBlagodárná, Ivana. "Úloha státního zástupce v přípravném řízení trestním." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-337460.
Повний текст джерелаPetr, Milan. "Působnost státního zástupce v přípravném řízení trestním." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-344687.
Повний текст джерелаKroftová, Tereza. "Úloha státního zástupce v přípravném řízení trestním." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-345366.
Повний текст джерелаChejstovská, Nicole. "Státní zástupce v přípravném řízení trestním." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-388884.
Повний текст джерелаHájek, Jaroslav. "Státní zástupce v přípravném řízení trestním." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-389089.
Повний текст джерелаŠvásta, Pavel. "Zákaz sebeobvinění právnické osoby v řízení o správním deliktu." Doctoral thesis, 2019. http://www.nusl.cz/ntk/nusl-393678.
Повний текст джерелаPlánička, Ondřej. "Rozhodčí doložka pro mezinárodní obchodní arbitráž a její vliv na případné rozhodčí řízení." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-303945.
Повний текст джерелаKrejčí, Kristina. "Notář a civilní proces." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373536.
Повний текст джерелаVojtek, František. "Postavení a činnost české obchodní inspekce." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-299898.
Повний текст джерелаBeránek, Jaromír. "Srovnání regulace trhů v EU a USA v kontextu ekonomické krize." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-322143.
Повний текст джерелаŠipkovská, Silvie. "Analýza rozhodování Úřadu pro ochranu hospodářské soutěže v oblasti veřejných zakázek." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-347947.
Повний текст джерелаPlisková, Hana. "Ochrana práv ve veřejné správě." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-354359.
Повний текст джерелаZielony, Andrzej. "Podstawy uchylenia wyroku sądu arbitrażowego (studium prawnoporównawcze)." Doctoral thesis, 2018. https://depotuw.ceon.pl/handle/item/3116.
Повний текст джерелаAbstract of the PhD thesisGrounds for setting aside an arbitral award (comparative study)prepared by Andrzej Zielony under the supervision of prof. dr hab. Tadeusz Ereciński The PhD thesis is focused on the judicial control of the arbitral award by the court of the seat of arbitration in comparative perspective. In addition, it comments on the control exercised over the award by the second arbitral instance. This paper presents the following legal systems: English, Austrian, Belgian, French, Dutch, German, Swiss, Swedish and the solution adopted in this field in The UNCITRAL Model Law (this does not preclude consideration of other foreign laws, for example this of the USA). Furthermore, the thesis contains a brief overview of this subject in Polish law.The paper analyses all the legal remedies (means of recourse) available in selected legal systems by means of which a party can obtain the annulment (setting aside) or change of the arbitral award. As a consequence, the scope of the thesis does not include the regime governing the recognition and the enforcement of that award. The paper particularly discusses the appeal on the merits, the appeal on point of law, remission, revision and first of all the application for setting aside (the last one is the main method of recourse against the award). The main object of the thesis is a holistic characterization of the content of all the grounds for setting aside (quashing/annulment) an arbitral award, in other words the norms which form the substantive basis of the state court’s decision in this matter. By comparing the grounds on which an award can be set aside which are contained in the different arbitration laws, this thesis measures the extent of the control of awards by the court of the seat. Such a comparison is however not based solely on the legal texts since one must take into account their scope and how they are applied by case law. Analysis of the grounds for setting aside made in the paper showed two basic principles. First, the list of the grounds provided for in chosen legal systems is exhaustive. In other words, the party challenging the arbitral award cannot raise grounds other than those mentioned in the law. Secondly, in the absence of an international convention regulating the matter, States are free to introduce any means of recourse and grounds for setting aside. Therefore, there is no uniformity. On the other hand, as far as setting aside procedure is concerned, the grounds, as contained in national arbitration laws, are approaching each other, due to many new arbitration laws enacted during the last decades and the Model Law.Despite differences in terms and terminology used in the analysed national laws, a three-category subdivision of the grounds for setting aside an arbitral award can be made. According to this division an award may be set aside if: 1) the tribunal did not have substantive jurisdiction to determine the matter (arbitration agreement is not valid), 2) there was a serious irregularity concerning arbitral procedures, 3) the award is in conflict with rules of public policy (public policy clause).When it comes to the grounds for setting aside an arbitration award adopted in Polish law, which were inspired by the UNCITRAL Model Law, research proves that they shows a lot of similarities to the grounds known in the analysed legal systems (for example in Germany). Both in Poland and in the foreign legal systems studied in the paper, state court cannot review the merits of the dispute heard by the arbitral tribunal. Errors of the award, whether of fact or of law are not in themselves grounds on which the award can be set aside. Accordingly, analysed laws only sanction errors in judicando if such errors lead to a solution which is incompatible with public policy of the country where arbitration took place.