Dissertations / Theses on the topic 'Acte administratif unilatéral'
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Chambas, Estelle. "L’acte administratif unilatéral transnational." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0023.
Full textThe transnational administrative act is an act, qualified as administrative by its national law, which products directly a legal effect in the legal order of another or other State(s). Against the principle of territoriality of public law, the observation of the existence and the growing development of this type of act questions the transformation of the administrative action facing globalization and the deterritorialization it implies. The study of this new functional notion leads to establish a typology of the different acts answering the given definition in order to understand their functioning which might rest on a forgotten conflictual method: the conflict of authorities. Moreover, the European Union provides for institutional and legal means favouring the spread of transnational administrative acts which often participate to the indirect administration of the Union.All these elements justify the interest of the creation of this new notion which the legal regime is later studied. Therefore, the analysis of the birth, the execution and the end of transnational administrative acts reveals that these acts mostly share the regime applicable to regular administrative acts. They show specificities only when they arise from the needs of their transnationality. However, the question is more complex when the right of individuals to have access to trial is involved, especially when this type of act intervenes in a transnational administrative procedure. Also, the ability for states of destinations to protect themselves is very diverse depending on the transnational act considered and the control by their national judge is in principle excluded, even if there are some exceptions. Facing these observations, this study ends on the proposition of unified solutions aiming to answer these questions and which could be implemented by a European directive
Lafforgue, Laurence. "La situation juridique du destinataire d'un acte administratif unilatéral." Toulouse 1, 2007. http://www.theses.fr/2007TOU10036.
Full textThis relationship between the subject and State is fundamentally the idea of the state included in the Constitution (the idea of freedom). The personal consent to the idea of State is that everybody sees itself as a member of a group that is engaged in a collective enterprise. In this situation, the bid to acts of administration authorities is not perceived as a constraint but as a pure respect for the discipline required in the absence of which the realization of the vision would be jeopardized. The second part of this work seeks to understand the situation securing the addressee as such, that is, in its empirical reality. As the last show, and this is the end of the concentric progression of the analysis, the recipient is invited to take part in the preparation of acts which it is subject
Crouzatier-Durand, Florence. "Recherche sur la fin de l' acte administratif unilatéral." Toulouse 1, 2002. http://www.theses.fr/2002TOU10033.
Full textThe End of unilateral acts enacted by the regulation - making power is a peculiar and composed event. It is an operation - which may be either retroactive, or of future application - when the regulation - making power or administrative courts decide that a unilateral act be totally or partially removed. Actually it consists of withdrawal, amendment, annulment and nullity (only when it results from a decision). The diversity of these operations could be an obstacle at considering the unity of End of unilateral acts. However, the notion of End appears coherent and logical if one considers the decision which is the starting point of the process of End. This decision unifies the different operations, by bringing to light an element of rationality. Consequently, a definition of the End may lead to identify it as a peculiar object lesson. A structural research on the notion of End (concerning unilateral acts enacted by the regulation - making power) is therefore relevant : first for the reason that regulations regarding End are written according to some leading principles and consequently form a legal structure; then because End's consequences are also coherent, concerning obligations binding administration or citizens, or concerning penalties which may arise from possible faults
Hautier, Suply Marie. "Essai sur les rapports entre l'acte administratif unilatéral et la durée." Brest, 2010. http://www.theses.fr/2010BRES5001.
Full textStudying the links between duration and unilateral administrative act is a source of reflex ion. Actually, unilateral administrative act is usually considered as an expression of a unique will which is intrinsically determined to be applied and executed juridically by its originator’s will alone. In light of this definition, apprehending the unilateral administrative act in a linear approach comes to consider it with divided aspects that hinders a global understanding. That’s why it s necessary to adopt a new paradigm founded on creative duration that implies a new representation of the unilateral administrative act hinged on change and mobility. This new dynamic vision of the act which then does not only include a succession of acts linearly linked will be on the long term in line in a creative motion. Thereby, this process enables to organize complicated situations generated by the multiplicity of temporalities in which duration turn the act which becomes mobile into an effective and durable act. As a consequence, the act is constantly evolving and remains in reality
Vaiter-Romain, Nathalie. "L'acte administratif unilatéral : retour sur les tentatives de conceptualisation." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2010.
Full textSummary not transmitted
Girard, Anne-Laure. "La formation historique de la théorie de l'acte administratif unilatéral." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020074.
Full textAt the begining of the 1880’s, the theory of the « Minister-Judge » continues to maintain the partition of the unilateral administrative acts. The methodology of the Doctrine then in use, contributes to scatter the Administration’s decisions and feeds the fragmentation of the rules. It will take about fifty years to overcome this divesity and to forge a general conception of the unilateral administrative act governed by a unified legal system. In order to picture the elaborating process of the unilateral adminstrative act, the Doctrine and the Judge jointly draw in the subjective conceptual collection. Starting from the end of the 19th century onwards, the logical essence of the unilateral administrative act has been revealed by the traditionnal and proven tools of legal science, ie the Will and the Legal Body. However, the emergence of a unified conception of the Act is not the outcome of a servile use of the materials supplied by the classical legal science. While this tool set has been elaborated for a free subject, acting - in most cases - for its own behalf, the administrativists think over the legal activities of men, acting on behalf of collective bodies, without personal will. The specifics of the unilateral administrative act, then require a significant adaptation work. Innovation succeeds tradition in the conceptualisation of the result of the decision process. Contrary to the Judge, the Doctrine, through objectivism development, pushes back the heritage of the civilists and imagines the effect of the unilateral administrative act through an innovative concept : the legal situation. The Doctrine’s ambition to contain subjectivism also leads to the break up with the german theorists of public law who were the first inspiring masters. The theory of heterolimitation of the State, which replaces the doctrine of self limitation, influences over the conception of the authority of unilateral administrative acts
Chambord, Olivier. "Nouveau droit de l'aménagement : contribution à l'étude des rapports entre acte unilatéral et contrat." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40045.
Full textBecause of the renewal of its object and purposes, public planning law has been under some changes. Both the enlargement of town-planning public order’s purposes and the constrictions of local municipalities budgets have rendered compelling the development of partnerships with the private sector. The very logic of planning’s action or operation subsequently infused town-planning law and contributed to the relegation of its regulatory origin. The boundary between unilateral act and contract is getting blurred both by a public norm serving planning project and the negotiation of private funding for public amenities by the conclusion of an urban partnership project. The hierarchical logic pertaining to the relationship between the administrative body and its petitioners progressively shifted as horizontal governance. However, the legal regime of public planning concessions – under the influence of E.U. law – is currently organized by awarding proceedings triggered by the existence of an economical risk. Yet this regime does not suit publicly initiated planning activities. The risk is inherent in every economical planning activity, and, as a consequence, cannot thus discriminate between “planning public concessions” and “planning public contracts”. Both complexity and flexibility of planning projects advocate for a compulsory global understanding that is not permitted by a jurisprudential regulation of the changes in the public procurement agreement. Nevertheless, the legal assimilation of the object of a concession to a service of general economic interest would permit the elaboration of a more suitable legal regime. Its economical purpose and awarding proceeding would strictly rely on the developer’s public service requirements. The economical dimension of the treaty would permit the elaboration of a legal regime of contractual performance based on the risks of planning
Testard, Christophe. "Pouvoir de décision unilatérale de l'administration et democratie administrative." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3057.
Full textThe unilateral decision-making power of the administration maintains an ambivalent relationship with the administrative democracy. Understood as the set of rules which tend to the governed participation in the development of administrative decisions, administrative democracy is prima facie contradictory to the dimensions of constraint and command that are part of unilaterality. Standing as an oxymoron, it has yet imposed on a power which legitimacy seemed compromised. The principle of participation of the governed irrigates now, across multiple processes and through the use of new technologies, the relationship between the "public" and the administration: the administrative democracy has seized the power of unilateral decision.Yet far from questioning this power, the administrative democracy has actually strengthened it. Limiting itself to opening up the process of drafting of certain administrative decisions, the current right of participation of the governed does not reach the characters of unilateralism. Participants only access exceptionally to the rank of co-authors and their influence on the content of the decision remains limited. Public solicitation proves to be a legitimizing instrument of the voluntarism of the public authority. With the reinforcement of the administrative judge, citizen’s participation remains a simple procedural time. The administrative democracy ultimately proves to be a malleable concept, of which the administration benefits in exercising its power of unilateral decision
Styczen, Myriam. "L'acte faisant grief." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2025. http://www.theses.fr/2025ASSA0005.
Full textThe term used by the administrative judge is a common term for an act that may be appealed. Yet the statutory and legislative provisions governing access to the court do not provide for such a concept. The doctrinal discourse is, moreover, heterogeneous and contingent. The choice was therefore made to propose a definition, based on an analysis that is both historical and positivist. The act causing damage is an act capable of producing sufficient effects, that is to say serious and immediate, justifying the opening of proceedings against it. It pursues a resolutely objective aim of regulating access to the court and delimiting the office of administrative judge. But the developments in administrative litigation reveal a renewed usefulness of such a notion, yet resolutely classical. The rule of prior decision, an intangible axiom of administrative litigation, is now called into question by the admission of appeals against acts which are not decisive on the ground that they cause harm. The grievance is the real admissibility test. The highlighting of the contentious utility of the grievance is accompanied by the understanding it allows of the legal and normative phenomenon. The act causing the injury shows that the unilateral administrative action is not in any way reduced to an administrative decision. Considering that the act causing injury, when it has effects, the judge invites to renew the approaches of normativity, inseparable from the notion of obligation. The opening of the appeal against non-decision-making acts would reveal a new pretorian conception of normativity, more realistic and based on the effective modification of rules of law or behaviour
Pinel, Florian. "La participation du citoyen à la décision administrative." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G020.
Full textCitizen participation to administrative decision is a developing concept in positive law. Still, its essence and scope have not reached consensus. The doctrine associates citizen participation to administrative democracy. Yet, participation fullfills other functions. It of course allows citizen to actively define general interest yet it also allows the citizen to defend his very own interest. At the same time, citizen participation both improves and legitimates administrative decision. Participation appears as a malleable concept. Its function depends not only on the actors psychology but also on the nature of the participatory instrument that legally implements it. The concept of citizen participation to administrative decision regroups several instruments, including the right to a hearing, representation of interests, referendum processes, and public participation procedures. The unity of participation gains meaning in its legal system, which is articulated around common guarantees ensuring the effectiveness of participation, that is to say, the right to prior information, the right to express a point of view and the right to an appropriate period of time to do so. Less systematically, the legal system of participation opens up to complementary guarantees to ensure its sincerity. This applies to the right of having a point of view considered, the presence of a third-party guarantor as well as the right to appeal. All these guarantees, however, are subject to diversified implementations. Indeed, citizen participation unity does not imply its uniformity
Blanc, François. "Les engagements dans le droit français des concentrations." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020059.
Full textAt first sight, the mergers’s control illustrates the modern role played by the State in the economy: the aim is not to organize the markets anymore, but to control from time to time one or several particular operators. The liberal State submit the companies’s merging processes to prior authorization, so as to make sure they do not negatively affect the competition. Nevertheless, in the silence of the law, everything goes as if the administration was using mergers as drivers of the markets’s reorganization. This process is evenmore subtil because it implies closely the companies themselves: everything depends on the commitments the companies offer to the administration, in order to prevent the non competitive effects of their project. These commitments are indeed undergoing a major legal change: once issued, they become a measure of economic restriction, embedded in the administration’s authorization. This process, that has been developed from the time of planned economy, suggests a certain permanency of the French law, despite the economic goals’s variation. Yet, these commitments constrain the parties about to merge: on the one hand regarding their actions towards other operators on the market, and on the other hand, regarding their relation with the administration : at the same time they direct the merger according to the stakeholders, and extend the administrative control. In short, when embedding the commitments in its act, the administration first changes the relations between the parties and the stakeholders, then follows up the relations’s execution. Thus, its intervention swifts ratione temporis, -from the merger in progress to the merger achieved, ratione personae, from the parties to the stakeholders’ operations, and ratione materia, from the merger to the market. Time has gone when the administration used to build the market directly ; now it uses to this end the companies that have to require her authorization
Moulin, Paul. "Le principe de mutabilité en droit administratif." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0076.
Full textThe principle of mutability was identified by Louis Rolland in the 1930s a one of three key laws governing public services. Since then, its autonomy has been a subject of debate, particularly regarding its relationship with the law of continuity. lts application has largely been confined to public services and contracts, and both its normative value and naming have faced scrutiny. To overcome these challenges, this thesis offers a comprehensive, normative, and formal perspective on the principle of mutability, which posits that public authorities must have the ability to alter the legal order. lt shows that the adaptability of administrative actions and contracts evolved from sovereignty theory, influencing the structure of state authority in administrative law. Refined by public service theories, the principle of mutability is currently experiencing renewed growth, driven by the resurgence of the traditional state model and its need to adress contemporary economic, social, and environnmental challenges. Consequently, this thesis advocates for better oversight of actions that deviate from established public interest goals and a reassessment of the balance between mutability and legal certainty. This aims to facilitate necessary adjustments by public authorities while effectively safeguarding citizens' rights and investments. Therefore, the principle of mutability stands out as a key principle for future developments in administrative law
Blanchon, Clothilde. "Recherche sur la subvention : contribution à l'étude du don en droit public." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0446.
Full textThe issue of the legal definition of grant has long been blotted out and constrained. Nowadays, in a context of confusion between this notion with the closely related notion of public procurement, it is more than necessary to tackle it. A single distinctive feature seems efficient to isolate itself from this nearby type: its very nature of public gift or, to employ the French “civil law” terminology, its quality of “gratuitous act”. The research for the two elements used in French private law to identify such an act proves to be conclusive. Furthermore, it reveals the specificity of this item in public law. Animus donandi can originally be combined with general interest, and this raises grant as a real gift with charges of public law. Public gift, as specific as it is, fashions the rules applied to grants. It provides this notion with a genuine legal status, which turns out to be consistent and intelligible. The funding mechanism is ruled by the concept of general interest, and its implementation is governed by its conditional quality. Grants proves to be a public gift, and it is ruled as such. This conclusion couldn’t have been reached without meeting with the heuristic value of the concept of public gift
Maublanc, Jean-Victor. "Le marché des autorisations administratives à objet économique." Thesis, Pau, 2016. http://www.theses.fr/2016PAUU2009/document.
Full textIn the economic sphere, administrative authorization is traditionally considered a tool used to control the market, with its creation and oftentimes, allocation being, in theory, the result of the State’s decision. Appealing to the market itself for the distribution some administrative authorizations shifts this paradigm. The administrative authorization becomes itself the subject of the market that it supposedly regulates. With this ambivalence having been underlined, the durability of the State’s control over administrative authorizations can be questioned when the market itself determines the authorizations’ distribution. While this evolution could benefit the process of economic regulation with the introduction of its resource distribution model, it could simultaneously reflect the submission of State regulation to the law of the market, through the use of the administrative authorization
Deau, Richard. "Les actes administratifs unilatéraux négociés." Phd thesis, Université d'Angers, 2006. http://tel.archives-ouvertes.fr/tel-00326535.
Full textDefoort, Benjamin. "La décision administrative." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020097.
Full textOne of the most characteristic expression of the administrative activities, the administrative decision is a familiar concept. Nevertheless, positive law on this subject turns out to be disparate and contingent. And behind a seeming consensus, the authors pre-sent the unilateral administrative actions with real terminological and conceptual disparities. The choice has been made to build a definition, from a critical analysis of positive law and doctrinal views, so as to test its merits with an eye to a better understanding of the Admin-istration and its law. Imperative meaning of a fixed and unilateral act of will of an adminis-trative body, the administrative decision is a useful tool to analyse the power of the Admin-istration, the judicial review of it and the place that citizens can aspire to in the process of its making and its implementation. Distinct from incitation or mere declaration of intent, deci-sion remains the preferred way of directing citizens behaviour and the main object of the judicial review of administrative acts. The explanatory impact of this definition is supple-mented by the understanding it enables of the strategical uses that actors of administrative law make of it. As a meaning, decision reveals the struggles they wage to identify, in a specif-ic case, the impact of the various acts of administrative bodies ; as a power issue, it brings out the strategies of legitimization that surround its use par public authorities
Mboup, Ibrahim. "L'unilatéralité de l'acte administratif unilatéral décisoire." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32079.
Full textOne-sided act decision expresses a binary unilaterality in its origin and destination. In its first simple meaning of one-sided act, excepting its normativeness, the act does not correspond every time to a straight choice result. The process to its legal birth is generally punctuated by several interventions, mark of its production control necessary elements partition between several persons, institutions or authorities. These elements allocation between several sides takes to questions of the act nature. If this one remains one-sided nature, because it comes to legal life only by the effect of one will’s expression, and remains so in spite of several wills compulsory to its production, it’s only because of a formal neutralization from moral person unity principle. In its decision meaning, the act symbolizes administrative law exorbitance. No matter what it allows administration by itself to enforce obligations to a third party, in no way involved by adoption-act step, a close examination of such a power shows that it’s firstly a competence. By the way, this power is for administration itself an obligation, meaning that it expresses a double reality: a power obliging but also obliged. The idea of a privilege is here an illusion
Zaghloul, Mohammed. "La participation des administrés à l'acte administratif unilatéral." Toulouse 1, 1986. http://www.theses.fr/1986TOU10009.
Full textKaloudas, Christos. "Les actes administratifs unilatéraux de régulation." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020057.
Full textRegardless of the fact that sectoral regulation is usually associated with the emergence of new forms of normativity, unilateral administrative acts have a prominent place among its various instruments. Conceived of as a special mission of the Administration whose main objective is the protection of public economic order, sectoral regulation is indeed normally exercised through unilateral administrative acts. There are four types of unilateral administrative acts that serve as instruments to sectoral regulation: decisions authorising access to the market, regulatory acts that set the conditions for competition in the market, dispute resolution decisions and decisions imposing sanctions. Regulating through unilateral administrative acts serves various objectives leading to a unique regime. Studying the latter confirms the specificity of these acts, a specificity that is evident throughout their life cycle. Adopted by independent administrative authorities, these acts can be submitted to public consultation, attributed to the operators on the basis of a competitive tender or transferred from one beneficiary to another. The evolution of their regime raises the question of their relationship with soft law: the distinction between the two instruments can at times be difficult both for the operators and the judge at the expense of legal security. The Administrative Judge plays a central role in the mecanism of sectoral regulation. Confronted with a two-geared normative mechanism and with the obligations that derive from sectoral regulation, his control methods are destined to evolve and his role as a regulatory judge is progressively refined
Dubois, de Carratier Laurent. "Recherches sur la notion d'auteur de l'acte administratif unilatéral." Toulouse 1, 2004. http://www.theses.fr/2004TOU10015.
Full textThe notion of "unilateral administrative act author" is familiar to the jurist. Present in administrative litterature as well as in judicial decisions, this notion is too often reduced to administrative authorities competence. Actually the notion concerns the elaboration and the application of the administrative act
Duclos, Nolwenn. "L'excès de pouvoir négatif de l'administration." Electronic Thesis or Diss., Orléans, 2021. http://www.theses.fr/2021ORLE3074.
Full textDouble-sided medal, the judicial abuse of power is doubled depending on whether it characterizes the behavior of the judge who has left the circle of his attributions or his attitude when he refuses to judge or to recognize a power that the law confers on him. This dichotomy between positive abuse of power on the one hand, and negative abuse of power on the other hand, is largely foreign to the study of the abuse of power of the administration. Although now understood more broadly than its judicial counterpart, the abuse of power of the administration is never presented as a concept susceptible to duplicate according to the positive or negative nature of the committed illegality. This paradox results less from the absence of such a duality than from the predominance of a historically positive conception of the abuse of power of the administration which reduces any illegality to an overrun by the administrative authority of the limits assigned to its power. The exploration of 'the various manifestations characterized by abuse of power' suffices to note that under the traditional classifications, negative illegalities are diffuse and multiple. They have in common that they reflect the negative violation by the administrative authority of the standards imposed on it in its legal activity, either because the act is tainted with a negative defect, or because it has illegally refused to adopt a positive act. The nature of these illegalities, the sum of which draws the outlines of a negative conception of abuse of power, calls for the exercise of special powers on the part of the administrative judge. The gradual emancipation of the negative dimension of one's role to enable it to act positively for the administration or directly on the administrative act responds to such an imperative. Symptomatic, in many respects, of structural reflections that run through the study of administrative litigation, the study of the negative abuse of power of the administration invites reflection on the changing nature of the relations forged by the judge with the administration of which it ensures the control of acts and the litigant whose expectations it meets
Simonian-Gineste, Hélène. "La notion d'exécution des actes administratifs unilatéraux." Toulouse 1, 1987. http://www.theses.fr/1987TOU10009.
Full textTraditionally execution is dependant from as unilateral administrative act. It means obeying and findind the ways and means. But, as reality and its laws makes it, in fact, independant, it then means concretisation and materialisation
Mella, Elisabeth. "Contribution à la théorie de l'acte administratif local : étude sur les spécificités des actes unilatéraux décentralisés." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40043.
Full textConil, Catherine. "L'acte de puissance publique conditionnel : Contribution à l'étude des conditions d'entrée en vigueur et de retrait des actes unilatéraux de droit public." Paris 2, 2008. http://www.theses.fr/2008PA020001.
Full textMoustakas, Meletios. "La confiance de l'administré et son influence sur le régime juridique des actes administratifs unilatéraux." Paris 2, 1993. http://www.theses.fr/1993PA020005.
Full textCombeau, Pascal. "L'activité juridique interne de l'administration : contribution à l'étude de l'ordre administratif intérieur." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40010.
Full textVeiga, Grégory. "L' agrément." Toulouse 1, 2002. http://www.theses.fr/2002TOU10050.
Full textIn spite of the great diversity in its domain of application both in public and private law, the "agrément" is certainly susceptible to be apprehended globally and to be the object of a general theory. The "agrément" is an autonomous judicial notion, an act of investiture which can be defined as a personalized unilateral deed, by which a public legal person or a private body grants, in principal freely, to a generally private body, a capacity which was missing and which was indispensable to legitimately participate in a judicial position, or, more rarely, to allow the modification of the position within this judicial situation. The "agrément" differs in this respect from many judicial notions such as consent, authorization, homologation, opinion, tolerance, ratification or even forfeiture. The "agrément" exists as a coherent and original judicial law. As a judicial deed, "agrément" is subject to the general law for unilateral administrative deeds and the judicial deeds for private law, on condition, for the latter, that the necessary adjustments can be implied by its character. As an act of investiture, "agrément" is subject to a particular deed, dominated by its judicial nature "intuitu personae"
Cantero, Anne. "Les actes unilatéraux des communes dans la société de l'information." Nice, 2001. http://www.theses.fr/2001NICE0038.
Full textMorales, Martin. "La liberté de choix des personnes publiques entre le contrat et l'acte unilatéral." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD029.
Full textPublic entities have the ability to produce standards unilaterally or under contract. However, neither the law nor the texts affirm the existence of a choice between the two instruments. Observing the right shows more situations in public entities can not freely choose that situations where they actually have this freedom of choice. The State Council is particularly active, sometimes imposing the contract, sometimes unilateral act for the exercise of powers. Also, in a discipline such as administrative law, where the action of public persons is strictly governed by the standards of jurisdiction, the doctrine is generally not favorable to the recognition of true freedom in action for the benefit of 'Administration. Yet, the objective character of administrative law does not totally hampers the quality of legal subject of public figures or their ability to express their own will. The principle of freedom of choice of management methods illustrious example this liberal dimension of administrative action. In fact, as soon as the standards of competence are not intended to prescribe the instrument by which a jurisdiction must be exercised, public figures have a choice between the contract and the unilateral act. If Parliament or the Council of State to require public entities to use the contract or unilateral act for the performance of a particular jurisdiction, this does not mean that upstream, public figures have not a freedom of choice. On the contrary, the existence of limitations on the ability to act reveals the existence of freedom. Therefore, the choice between the contract and the unilateral act and its frame by objective law are the two parts of the same coin, thus forming a general right of appeal to the contract or the unilateral act. It came to trace the precise contours, both conceptually and practically, freedom of choice and the framing of this freedom of choice by revealing the mechanisms and criteria for action on both sides of two rights
Barbin, Émilie. "La régularisation des actes administratifs : étude de droit comparé franco-brésilien." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3048.
Full textThe regularisation of administrative acts is part of a global search for legal stability, which calls into question the familiar dialectic between legal certainty and administrative legality. It implies that administrative acts can be retained in the legal system despite their original illegality. Yet the French current legal system is characterised by a striking discrepancy between increasing references to regularisation in positive law, and uncertainty around its usage. On the contrary, regularisation has been embedded in Brazil’s legal architecture for twenty years as a power resting with the administration, which provides us with an example of mature use of this process. In this context, comparative law is both a tool to learn more about regularisation and a means to examine the prospects that could accompany its expansion within the French legal system. This approach allows for a definition of this notion as a corrective process with retroactive effects, enabling administrative acts to be kept in the legal order and legality to be restored. This definition helps to specify the scope of the notion, which then enables us to consider its legal effects. In this respect, building a specific system for the regularisation of administrative acts aims at specifying its legal implications. This system rests on a balance between meeting the objectives pursued by regularisation and limiting some of its negative effects, in particular towards third parties
Vassilopoulos, Christos. "La compétence extérieure de l'Union et des communautés européennes à travers la jurisprudence de la CJCE et du TPI des CE : mécanismes juridictionnels et substance du contrôle." Paris 2, 2003. http://www.theses.fr/2003PA020041.
Full textN'Takpé, Adjoua Marie-Hortense. "La société anonyme unipersonnelle en droit OHADA : étude critique." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0097.
Full textThe one-person limited company under the OHADA LAW has seen itslegal regime being defined with reference to the regime of the multi-persons limited company,with minimum adaptations. In fact the one-person character of the Limited company gives it a certain peculiarity that renders inappropriate the pure and simple transportation of rules of the multi-person limited company model. Besides the difficulty of implementation that it oftenentails, the technique of referring leaves unresolved many questions raised by the one-personlimited company model. The legal regime of the one-person limited company as a whole thatarises is insufficiently adapted to the unique shareholder.An adaptation of the one-person limited company legal regime of the OHADA LAWto the particularity of the one-person thus becomes necessary. It has to be undertaken underthe simplification of rules, on the one hand with regards to the company, through rules relatedto its constitution and its evolution, on the other hand, with respect to the actors that are thesole shareholders, administrative and control bodies