Dissertations / Theses on the topic 'Adoption – Droit – France'
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Galliard, Camille. "Adoption simple, adoption plénière : essai sur la dualité de l'institution." Grenoble 2, 2003. http://www.theses.fr/2003GRE21018.
Full textLe, Boursicot Marie-Christine. "L' adoption des mineurs et le secret des origines en droit français." Versailles-St Quentin en Yvelines, 2004. http://www.theses.fr/2004VERS032S.
Full textLavallée, Carmen. "Le rôle de la volonté en matière d'adoption en droit français et en droit québécois." Lyon 3, 2002. http://www.theses.fr/2002LYO33037.
Full textHalifax, Juliette. "L’adoption plénière en France : de l’établissement d’une filiation légale à la constitution d’une filiation sociale." Paris, Muséum national d'histoire naturelle, 2007. http://www.theses.fr/2007MNHN0027.
Full textA good understanding of the adoptive practice needs a legal approach. Indeed, major differences exist between birth and adoption regarding the implementation of filiation and the access to parenthood. These specificities and some contextual elements of one’s story imply differences between adoptive families and other families. Adoption is a very mediatised subject, but from a socio-demographic point of view, this practice is hardly studied. Using different data sources, this thesis fills this lack of knowledge with an objective description of adoption mechanisms and characteristics of main actors: children available for domestic adoption, adopted children, adoption candidates and adoptive parents. The knowledge about socio-demographic specificities of adoptive families has an impact on adoption representations and could help professionals in their activity
Dovy, Marielle. "L'enfant et le droit de savoir : l'accès à ses origines familiales." Lyon 3, 2002. http://www.theses.fr/2002LYO33017.
Full textBarraud, Emilie. "Kafala et migrations : l’adoption entre la France et le Maghreb." Aix-Marseille 1, 2009. http://www.theses.fr/2009AIX10068.
Full textBoucher-Ducass, Anne-Sophie. "Le mensonge en droit de la filiation." Lyon 3, 2001. https://scd-resnum.univ-lyon3.fr/in/theses/2001_in_boucher_ducass_a.pdf.
Full textQin, Yueren. "Le droit de la famille : étude comparative des droits chinois et français." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020025/document.
Full textThe concept of “Family” as an integral unit of the society has evolved over the years due to several reasons. This changing and complex face of “family” has had many implications on the laws both in China and in France. Hence, we conduct a comparative study to analyze the system of family laws in both these countries. The various questions we address in order to deepen our understanding of family laws can be broadly classified into: the couple and the filiation. As for the couple, we address many questions related not only to the formation of the various modalities of the union but also about their dissolution. We find that the diverse articles on each union brought a system which is more complete in France than in China. With respect to filiation, we distinguish in particular between the filiation bound by blood and that bound by adoption. The ignorance of the mode of establishment of the filiation results in a big gap in the Chinese law. Besides, the basic question of how to adopt a child, the conditions to be respected and the procedures to be finished, the effects stemming from the adoption are also the questions we explore, compare and attempt to solve in this thesis. Besides the several principal points on the family law, we also try to compare and understand the different views/perspectives of these two countries by looking into some other related issues such as the maternity for others, the fictive marriages, etc., as well as how the two countries deal with such matters. Finally, we try to explain why the legal system differs in France and in China and discuss the directions for future research
Lajevardi, Seyed Vahid. "Le mariage et ses évolutions : études comparatives de droit francais et de droit iranien." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30049.
Full textThe sociological evolution in both countries over the past 50 years has been fast. The concept of family has evolved through time and place, based on different periods and different societies along with the development of nuclear family. For a long time marriage has been considered as a way for men and women to build a family. Today in France, marriage is not the only way to build up a relationship between men and women and especially to start a family or sexual relationships. There exist various family life styles. Contemporary societies are characterized by pluralism: marriage-based families, non marriage-based families. According to the law in Iran, the custom of marriage is the only way for men and women to be on a relationship.In fact, what is considered as a great menace to the family in each society is the exaggerated individualism and split families. Extreme individualism can be analyzed as a factor for individuals to evade responsibilities. Consequently people become indifferent to the social concept of family and do not play their role as vectors of the social values anymore, like educating the children, the transmission of the culture and of the social morals of the family.In our thesis we will talk about the social status of marriage in Iran and the standing of religion regarding marriage, we will make a comparison between Iranian and French Law, talk about the Shiite law which, thanks to its flexibility, can be a tool for advancing the reforms of family and marriage rights and for helping solve the current problems of Iranian society based on a religious framework.In Iran reforms are necessary to protect families. The family has been changed throughout social evolutions; therefore for society to function properly, it is absolutely necessary for the law to be in keeping with these evolutions. These changes of society structure started more than 30 years ago but the law has barely evolved. This detailed and thorough study of the two legal systems, their comparative analysis can be a great help towards promoting today necessary but reverent evolution of our values
Cordier-Dumonnet, Nathalie. "Le détournement d'institution." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD001/document.
Full textThe diversion of an institution is a notion which was established by the jurisprudence of the « French Court of Cassation », in the early 1990s, about adoption and the phenomena of surrogate mothers.From a chronological point of view, the diversion of institution first broke away from the studies of the doctrine dedicated to the abuse of rights , and was first used by the jurisprudence in labour law, before being dedicated to family rights. Because it deals with diversion of the finality of a legal system institution, it is often confused with the abuse of rights, the abuse of power, and fraud of the law or similar. Nevertheless, common points between the diversion of institution and other means of protection of the legal system must not hide a real autonomy of the concept of " diversion of institution ", both from the point of view of the notion and of the legal regime which is applicable
Verdier, Pierre. "L'enfant pris en charge par l'aide sociale à l'enfance : objet de protection ou sujet de droit ?" Lille 2, 2005. http://www.theses.fr/2005LIL20003.
Full textThe main lines of Pierre Verdier's work for this thesis tend to – consider the child taken into care by the Child Social Care, no longer as an object of protection but as a subject of rigths – uphold one of the basic rigths a child is entitled to is to have parents whose capacity to bring him up is preserved – lay down it is a Human Right to know one's parents, one's filiation, and one's origin. To achieve this, the author proposes law reforms aimed at – establishing filiation automatically follows birth – accommodating the child who cannot be brought up by his parents so as to maintain the balance of rights (keep the posibility of secret but do away with anonymity) - implementing a unique mode of adoption respecting both filiations : by birth and by adoption
Saint-Pern, Laure de. "La notion de filiation en droit comparé : droit français et droit anglais." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020053/document.
Full textThe notion of “filiation” refers to the family relationship between a parent and a child, which place each on ein a family lineage and identify him from the members of his family. Because of its universality, it seemed appropriate to examine how two different legal systems, such as those of civil law and common law , understood it. Referring intuitively to a genetic link between parent and child, the notion of “filiation” could be, at first sight, reduced to a physical aspect. However, the law recognizes that it covers other realities like social and emotional ones. Thus, it reveals a more complex concept. In recent years, a tension appeared between genetic reality, which became available thanks to advances in science, and will, used to base alllegal fictions such as adoption, assisted reproduction and surrogacy. The law seeks to check and balancethese foundations with the child's welfare and public policy.The comparative study of French and English law also revealed a growing dissociation between the notion and its effects. Indeed, the effects can be assigned independently of the legal existence of the link. This dissociation has revealed a more precise one between the status, that is to say the initial link which isattached the effects, and the role, that is to say, the behavior which will receive all or part of the effects of filiation. Then, the effective exercise of this role can re-aggregate the effects of filiation. Thus, it is questioning the notion on its ability to account for changes in the family law
Ardeeff-Garé, Isabelle. "L'enfant sans filiation." Toulouse 1, 1999. http://www.theses.fr/1999TOU10019.
Full textHow is it possible that a child can be deprived of family or parents? The first right of a child is obviously to know his parents. But some parents don't want to take care of their children. According to French law, those parents can abandon their children either before the birth of the child (in France, it's called "accouchement sous X") or after the birth, if the child is not 1 year old (what's called, in France, "abandon anonyme"). The thesis demonstrates that the opportunity that French law offers to the parents to abandon their children must be preserved, because it's a means to protect the child from abortion or murder. And those possibilities to abandon a child are not in opposition with international declarations about children's rights. However, the situation of a child deprived of family must be shorter than possible. So, French law gives the child the opportunity to be adopted. Some articles of French law also impose on the parents to take care of their children. But it's not a solution: it's useless to oblige a man or a woman to be a parent
Kolingar, Victoire. "L'étendue de la fiction dans le lien de filiation." Paris 2, 2007. http://www.theses.fr/2007PA020108.
Full textVoisin, Virginie. "L'adoption en droits français et anglais comparés." Dijon, 2003. http://www.theses.fr/2003DIJOD008.
Full textHouhou, Yamina. "La Kafala en droit algérien et ses effets en droit français." Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2001/document.
Full textKafala is not an Islamic law concept but a new concept of positive Law. Kafala is a complex legal concept. Its complexity is inherent to the many legal questions it raises. Kafala does not create affiliation, but confers parental authority, and a name for the makfoul (adopted child) without filiation. The transposition of the concept of kafala by the French law has generated a problem. The prohibition of adoption imposed by the Algerian law has had a negative impact on the kafala concept because it is often compared to adoption. French law has actually banned the adoption of a child raised by kafala. The makfoul , often without filiation, has no legal status in France
Lakhdhar, Amani. "L'adoption internationale : étude comparative entre le droit français et le droit tunisien." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D083.
Full textSince the second half of the 20th century, international adoption has become increasingly important. A Multifaceted institution, from a multidisciplinary perspective, its essential features are two decisive factors: diversity and juridical status. It is also a highly complex issue since it goes to the very core of the family, in a context characterized by the search for a balance between the various state laws. The review of the interlinked notions of the best interest of the child and of identity, as well as the study of the key components of intergovernmental cooperation enshrined in the Hague Convention of 29 May 1993, will enable us to analyze the cornerstones of international adoption beyond the aforementioned specifics. This analysis conducted through comparison between French and Tunisian law, laws that seem to be in opposition, gives an opportunity to produce an overview of the organization of international adoption from the preliminary phase under the auspices of administrative authorities, until when the international adoption is decided. In addition to the choice of the competent judge, all issues concerning the administrative stage, as well as those resulting from the designation of the applicable legislation, require a comprehensive study of Tunisian and French legislation, in particular a thorough examination of solutions which are usually sought before the courts in both countries
Azincourt, Jean-Didier. "L'enfant et ses familles." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G004.
Full textAt the same time social phenomenon and legal institution, it is not of family organization which escapes the legal provision. The place of each one of its members is fixed according to an identified statute. Of singular, the family can, in her relationship with the plural child, being. The child and his families, nuclear and widened, exist only by his family ties. Its heteroclite statute leads it to coexist with the family group. The diagrams of existence and coexistence of the child, of his birth to its death, are not neutral legally, as well the extrapatrimonial challenges as patrimonial are marked
Renard, Loreta Fabiola Carmen. "L'adoption entre la France et le Pérou dans le cadre de la convention de la Haye du 29 mai 1993." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30031.
Full textFor this work we consider Peru as the state of origin and France as the receiving State. We develop in the preliminary Chapter the importance of the Hague’s Convention of 29 th May 1993. In the first Part: The way to the peruvian child adoption by french candidates where two conditions are considered: On one side the peruvian child who is subject to verification of his legal status with the intention to declare his adoptability, and on the other hand, the french candidates able to qualify, being evaluated by the french competent authorities in order to determine their suitability and their capability to adopt. In the Second Part: The accomplishment of the adoption in Peru by French Citizens, the Secretary National of Adoption is the central authority that makes sure that obligations assumed by the Peruvian State are enforced as part of the Hague’s Convention. The French candidates have to send their application to Secretary National of Adoption who, in turn will perform its function and, finally the adoption is completed by an administrative decision. After that in the Third part: After adoption, the adoptive parents have to demand the recognition of the French authority of the adoption realized in Peru. The plenary adoption causes the child to lose all ties with the biological family. This rupture does not prevent the adopted child from learning about his biological family, once he has reached adulthood. Conclussion: we set forth to answer the question: Is adoption a true alternative for abandoned children?
Felouah, Mohamed. "De la tutelle officieuse à l'adoption, sous l'application du Code civil de 1804." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32016.
Full textTheoretical study on the institutions of the unofficial supervision(guardianship) and the adoption under the application of the Civil code of 1804. It is a theoretical study because the unofficial supervision(guardianship) did not know of numerous practices. Through the institution of the adoption, are analyzed and supposed the theoretical applications of the institution of the unofficial supervision(guardianship). This study is historic and theoretical at once(at the same time), the links of fictitious filiation are analyzed there to allow a better understanding of the mechanisms of adoption and attachment of a minor(miner) the appearance of the adoption under the application of the Civil code of 1804
Allou, Hicham. "La kafala en France ou quand l'adoption devient impossible." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0091.
Full textMuslim countries provide special protection and assistance towards children deprived of their family environment through what is called kafala because their family law, essentially based on sharia, forbids adoption. French international law, when faced with this unusual institution imported by the important North African population leaving in France, had to deal with many difficulties in terms of understanding the concept and its technical specifics. Kafala had been brought in France by two means: family reunification, firstly, and international adoption, secondly. But, despite having been used to admitting muslim familial institutions and laws in the past, French international law actually proved to be unsuitable when it comes to kafala. Indeed, the methods and the aims of the discipline are discussed, again, due to the question of fundamental human rights ignored in the conflict of laws and the enforcement of religious laws or the effectiveness of muslim institutions allowed (at least when it is in compliance with the “ordre public international”). All these elements have guided the work. Thus, the comparatist view has been favoured concerning the understanding and the study of the kafala in these countries: Algeria and Morocco, where most of the foster children come from. After analyzing historical and legal points aimed at understanding the origins of this institution and the notion of the family which dominates in both societies, we will tackle its birth and its evolution before comparing it to the French institutions for which many studies have been established. In the second point, the question of the acceptance of the kafala by the French jurisdictions since the 1990s is raised. It has highlighted inconsistencies, flaws and questionable decisions especially the care of the foster child (often abandoned and from unknown parents) which has been insufficiently taken into account even if recommended by the International Convention on the Rights of the Child. And since the law of February 6th 2001, the kafala cannot be passed , its effectiveness nowadays in France is still limited but also brings insecurity and difficulties to the foster children which, consequently, requires an urgent reform
Meilhac-Perri, Marion. "L'autonomie de la volonté dans les filiations électives." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD011/document.
Full textA cumbersome process combined with fewer adoptable children impedes French demands for adoption which results in the potential parents seeking solutions abroad. Resorting to optional filiation through international adoption or surrogacy leads prospective French parents or actual candidates, to enter multiple contracts. This contractualization of optional filiations has surprisingly swept across France, clashing against principles of French law calling for a protection of the personal status and capacity by keeping them out of contracts. This study on freedom of will within the process of optional filiation highlights the tension between the prospective and also the biological parents', and the child's interests. This study also puts in perspective those interests with that of the State which intends to guard principles such as inalienability of the human body. In order to make sure every interest is taken into account, such a process needs to be regulated, and a legal framework needs to be implemented. However, in a world where globalization is the trend (forum shopping, law shopping) finding common ground to set rules and regulations regarding the optional filiation process is easier said than done and raises many difficulties concerning the adopted childÕs status and the refusal to recognize filiation through foreign adoption. Such a process also raises questions: What legal qualification should apply to agreements within the adoption process or in case of surrogacy contracts?
Niemiec-Gombert, Amélie. "Le rôle du Département dans l'adoption." Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20006.
Full textSince decentralisation, departmental prerogatives with regard to adoption have been reinforced. This local authority intervenes at all levels of the adoption process, be it from the side of the biological parents, adoptive families, or adoptable or adopted children. In this way the department became a key player in adoption. Due to emerging issues connected to thespecifics of adoptive filiations, this role is to grow and expand.If, with some of the duties assigned to it, the Department has had the opportunity to play its full role, it seems that the reverse has happened with some other of its functions having losttheir importance due to the powers which the departmental community faces. The present study was to clarify the true role of the Department in adoption, whether its intervention lies in the adoption process or around adoptable or adopted children