Dissertations / Theses on the topic 'Assurance de responsabilité civile – France – histoire'
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Bellenger, Claire. "Histoire de l'assurance de dommages en France." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020023/document.
Full textHistory of property and casualty insurance in France In its infancy at the end of the Ancien Régime, forbidden under the Revolution, almost non-existent under the first Empire, property and casualty insurance reappeared under the Restoration to take off under the second Empire. The Revolution had admittedly forbidden insurance companies, but by making sacred the individual it developed the need for security and thus eventually the need for insurance. Humanist creators re-launched the idea of insurances by creating the first mutual insurance companies thereby bypassing the revolutionary ban. Property and casualty insurance built itself on the science of the lawyers and on jurisprudence. The legislator intervened later, in 1930, although insurance companies had continued to develop. Initially it was a question of protecting ones possessions against fire risks. The French society being then essentially agricultural, the insurances also covered the risk of hail and the mortality of the cattle. The industrialization of France contributed to the development of the contracts of professional and civil liability. The automobile insurance is an example. Today the business of insurance is a highly technical and complex activity with high financial stakes. In numerous cases it is compulsory. What were the reasons for forbidding insurance companies under the Revolution? How did the insurance business develop before the legislator intervened? What changed and what was the part of the government after the law of 1930? We shall try to answer these questions by this study
Bertolaso, Sabine. "Le déclin de l'assurance de responsabilité." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40037.
Full textThe decline of responsability insurance manifests itself on two distinct levels. Firstly, the concept of responsability insurance has suffered a substantial dilution. It no longer represents an insurance of the policyholders' owing of responsability but an insurance of the victim's compensation claim. Secondly, the institution of responsability insurance is sometimes supplanted in certain circumstances. There now exist various socialisation mechanisms which replace the use of responsability insurance whenever it fails to provide the victim with a complete, quick and systematic reimbursement of the damages he or she has incurred
Chartier, Henry. "Responsabilisation en droit des assurances de responsabilité civile." Orléans, 2003. http://www.theses.fr/2003ORLE0007.
Full textLe, Roy Lucie. "Indemnisation du dommage corporel et évolutions de la responsabilité civile." Nice, 2006. http://www.theses.fr/2006NICE0025.
Full textThrough various and detailed laws, as with many original decisions, the legislator and the judge tried to make compensation in case of physical injury easier, by reducing the burden of an already weakened victim. The adaptation of responsibility's mechanisms should have helped to achieve this goal. However, the lack of overall though and the profusion of disordered evolutions, led to an illogical bursting of civil liability which paradoxically tends to harm the victim. The restoration of coherence could only be made by first resolving the compensation issue. So only an automatic compensation, without ensure a satisfactory compensation to the victim. This system, detached of any reference to civil liability, should clean the mechanisms of responsibility too
Kadhim, Jawad. "L'assurance obligatoire et la responsabilité civile automobile : étude comparée des droits français, irakien et international." Lille 2, 1992. http://www.theses.fr/1992LIL20002.
Full textLes resultats du travail sont exposes en deux parties : dans la premiere partie, intitulee le lien d'assurance, nous avons etudie la relation entre l'assureur et a l'assure; la deuxieme est consacree au droit de la victime a l'indemnisation. L'aboutissement de la these s'exprime ainsi par des propos brefs, mais significatifs: l'accroissement du role de l'assurance, le declin de la responsabilite et l'elargissement du droit de la victime a l'indemnisation que nous constatons en droit francais en matiere d'assurance obligatoire et de responsabilite automobile. Ainsi la vulgate, selon laquelle, l'interet de la victime serait mieux protegee dans un systeme d'assurance ou la theorie du risque est appliquee, n'est plus valable. En effet, on a pu constater qu'en irak, malgre que l'assurance est automatique, fondee sur la theorie du risque, plusieurs victimes sont encore privees du droit a l'indemnisation. Car, le legislateur a maintenu la notion de la causalite de l'accident, c'est a dire que le vehicule doit causer l'accident. Nous constatons, enfin, que la loi de la convention de la haye du 4 mai 1971, relative a la determination de la responsabilite civile automobile en cas d'accident international, a pu etablir des principes de rattachements souples. Mais, au niveau de la forme, certaines dispositions meritent d'etre refondues
Dorkenoo, Yama M. D. "La responsabilité civile et l'assurance du sous-traitant en droit de la construction." Lille 2, 2010. http://www.theses.fr/2010LIL20001.
Full textFeyel, Olivia. "La garantie de la responsabilité civile des dirigeants sociaux." Paris 2, 2010. http://www.theses.fr/2010PA020064.
Full textPierre, Philippe. "Vers un droit des accidents : contribution à l'étude du report de la responsabilité civile sur l'assurance privée." Rennes 1, 1992. http://www.theses.fr/1992REN11014.
Full textTechnological development leads necessary to the growth of accident's sources - traffic, work, defective products or medical activities. . . Meanwhile, there is no general and legal answer to this phenomenon, for lack of concept of accident. This thesis surveys the ways of building up a real law of concept of thanks to private insurance, transcending its classical analysis by the terms of civil liability. The transfer of the function of compensation, as it has been stated in these last rules, doesn't only mean overstepping subjective responsability or specializing its rules, often leading to a real dispersion. Channeling the victim's rights towards insurance also implies a better reliability from the latter, through the choice of first party insurance, the development from the agreements, and the improvement of compromises with victims. Modernization is not only a vital question for private insurance, face to face with public alternatives. It could also justify - in part - the transfer of the punitive function from civil liability. Examples include the assessment of risks, the modulation of premium according to the damages, or private penalties imposed by insurance. But they do not prevent court sanctions of qualified faults, on the request of the insurer, and they may lead to new excess
Robineau, Matthieu. "Contribution à l'étude du système responsabilité : les potentialités du droit des assurances." Orléans, 2004. http://www.theses.fr/2004ORLE0002.
Full textNgoungoure, Mfenjou Dorothée. "L'oeuvre créatrice de la jurisprudence en matière de responsabilité civile et d'assurance des constructeurs." Lille 2, 2007. http://www.theses.fr/2007LIL20005.
Full textThe Spinetta law of 4th January 1978 is the fundamental law governing real estate construction. It governs both the liability of constructors as well as compulsory insurances (liability and insurance for destruction of buildings). Due to it loopholes and imperfections, the judge have a preponderant margin of interpretation. He freely interpretes and innovates the law. The judge sometimes derogates from principles of the civil code and code of insurance. The judge relies on the financial abilities of insurers to efficiently protect project the owners as required by the philosophy of this law. Thus, the judge extends the scope of the liability of constructors and construction insurance. The dynamic judge’s action has a negative impact on construction insurance, especially the mechanism of prefinancing damages and the subrogation mechanism. Insurers who prefinance damages do not often recover the funds advanced. In spite of these disfunctionings, this system of insurance remains according to construction professionals, globally satisfactory and by far the most protective at the european level. Stay to know if this system in the future will be a model in case of harmonisation
Garcia, Fanny. "Le défaut indécelable de la chose en droit de la responsabilité civile." Nantes, 2008. http://www.theses.fr/2008NANT4005.
Full textSeveral liability suits are open to the victims of damage caused by the undetectable defects inherent to goods. Yet, none of these are really appropriate regarding the specificity of such defects. The major difficulty lies in the fact that it is almost impossible to prove the cause of the damage and the relation of cause and effect between both. Producers meet the same kind of difficulties when trying to exonerate themselves from their liability. These facts testify to the inappropriateness of the French Positive Law's capacity to take into account the undetectable defect inherent to goods. This explains partly why Producers turn to contractual techniques in order to protect themselves against this type of defect, and also, why Insurance Companies refuse to cover unknown risks such as the undetectable defects of goods. Presently, the only way for victims of such a defect to obtain compensation is through National Solidarity. Therefore new perspectives must be enforced to protect the victims. These new ways must find their sources in the Civil and Insurance Law and also remain in the existing National Solidarity. From a legal point of view, the undetectable defects are included in the insurable risks. Nowadays, Producers are subject to a compulsory insurance. This type of Insurance is preferable to a direct damage insurance, which is generally presented as being too unfair. The concept of National Solidarity must remain. Yet, it must be confined to a subsidiary role. Moreover, it is necessary to create in addition to the existing mechanisms, a solidarity fund that would be financed by the diverse branches of activity that create risks. Some adjustments must also be made to the Civil Law. These modifications must begin with the difficulties of proving the fault and end with the extinction of the duty of Vigilance. They also must concern the rules of traceability and imputability. The adjustments must be extended in favour both of the victims and the Producers. They seem to be imperious in order to set a fair repartition of the damageable effects of undetectable defects of goods
Russo, Chantal. "De l'assurance de responsabilité à l'assurance directe : contribution à l'étude d'une mutation de la couverture des risques." Nice, 1999. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D48.
Full textYazdanian, Alireza. "Les conditions traditonnelles de la responsabilité civile et des évolutions contemporaines : approche théorique et pratique." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D031.
Full textThe law of civil liability is like a stage of a theatre showing social evolutions. The notion of compensation has always existed, but this discipline of law has always been subject to evolution. Even when the legislator is fixed and there is no change, the doctrine and jurisprudence on the subject are not fixed. For example, in 1804, the French legislature has allocated five articles to tort liability for the traditional society which was little mechanized ; but the society has evolved and our society is a technological and accidental society. Despite the absence of any change in the law, the doctrine and jurisprudence have led to a lot of legal evolutions. These developments are sometimes minor and sometimes fundamental. In fact, these developments have changed the conditions of civil liability. Traditionally, the conditions for having civil liability considered to be damage, injurious act and causal link. In the light of these developments, today there is an upheaval on the basis and conditions of civil liability. Damage as one of the conditions of civil liability, traditionally viewed as individual. Also it was divided into two kinds of damage : pecuniary damage and non-pecuniary damage. But in our time, and with the contemporary developments, sometimes the damage is collective and new categories of damages, such as ecological damage and bodily injury have been emerged. It seems that in the future, one can see the responsibility without harm. Today, the foundation of civil liability is also changed. Traditionally, the main foundation of civil liability has been the theory of fault. Besides the traditional theory offault, one can see other new foundations like the theory of the risk or the theory of guaranteed or the theory of obligation as to safety. Thus, the strict liabilities have been increased and the subjective notion of fault has been replaced by the objective notion. Another condition of civil liability, that is, the existing of causal link has also changed. Sometimes there is the presumption of a causal link. It is likely that in the future, the need for the presence of causal link become weak. Another change can be seen in the function of civil liability. In the past, the main function of civil liability was the restorative function. But today the liability has tree functions : the restorative, preventive and repressive functions. This is why contemporary developments have influenced the traditional conditions of civil liability
Poirey, Sophie. "Droit, suicide, suicidés : histoire d'une condamnation." Dijon, 1995. http://www.theses.fr/1995DIJOD003.
Full textSuicide is a prominent phenomenon in France today. Whether an act of bravery or of cowardice, it is one of the last remaining taboos of our society. Suicide is in itself a profoundly disruptive influence, which is a serious inducement to society to protect itself through one of its key instruments of repression: the law. To the legal historian, the sanctions imagined to punish those who to take their own lives are particularly indicative of a society's attitude towards death. While tolerated to some extent in ancient Rome, suicide was radically condemned by the church, and has been condemned by secular legislation down the centuries since. Our law is still deeply marked by the religious anathema, and the stigma of this condemnation is still apparent in public and private law alike. Once a crime of divine leze-majesty, suicide now seems to have become a crime against society that the law scholar can only fully apprehend through a historical approach to legal repression, shedding light on positive law
Bientz, Florence. "Conception juridique de l’acte médical dans le cadre d’une pluralité d’intervenants." Paris 8, 2011. http://octaviana.fr/document/170477967#?c=0&m=0&s=0&cv=0.
Full textWhat’s a medical act ? This issue is essential to move toward a greater sharing of the act, and capacity to adapt to changing technology. These require clearly today the participation of many actors. But the answer is far from clear. The discussions on the "delegations of tasks" testify to that. This study attempts to appreciate the capacity of the concept of medical act to be part of a plurality of stakeholders. Based on the observation of a lack of legal definition, the first part gives the contours through its sociological underpinnings, its economic and organizational aspects, before discussing the specifics of the legal framework within which it operates. These various aspects underline an apprehension more individual than collective, and for reasons sometimes quite legitimate. But this logic is over time more and more disconnected with the practices and its requirements. The second part as for it stopped on the question of responsibilities. It comes for appreciate the responsibility to the medical acts towards the professional texts, and the penal, civil and administrative case law and to underline specificities in a plural frame. As well as, the case law adapts itself to face the evolutions, and place every actor in front of its responsibilities. Is it the same with insurance system today compulsory for all "health care professional" ? The flexibility here is much less, and challenges in the state on the future of professional cooperation
Al, Hendyani Khaled Jassem. "Le recours de l'assureur en droit français et en droit koweitien." Nancy 2, 1995. http://www.theses.fr/1995NAN20024.
Full textOn the basis of the simple observation that the insurer finances the indemnity that is paid to victims from the premiums paid by the insured party, the notion that, in certain cases, recourse can be instigated by the insurer against the perpetuator of the damage may appear somewhat curious. However, for numerous reasons, this recourse is permitted in both French and Kuwaiti law. It has even been on the increase, and can be instigated not only against responsible third parties but, on occasion, against the insured party itself. Nevertheless, doubtless because it reflects a rather conflicting conjunction of insurance law and liability law, the recourse of the insurer, in spite of the enshrining in law in both legal systems, gives rise to a great many difficulties. These can be grouped and discussed under three main headings: the principle of recourse itself, its scope, and, finally, its practical application. To undertake a comparative analysis of these questions as regards French and Kuwaiti law requires enlarging upon and detailing the legal nature of the recourse of the insurer as well as its framework. Although both legal systems are very similar to each other, the differences observed take on an even greater significance and call for explanations. The comparison can therefore be considered as beneficial, in some cases as regards the interpretation and appreciation of French law, but more importantly for the development of Kuwaiti insurance law as certain insufficiencies have come to light since its recent creation
Boyer-Mulon, Sophie. "L'équitation au regard de la responsabilité civile : de la protection à la réparation." Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G004.
Full textThe increasing number of horse riders has as a legal implication and consequence on the equestrian activity whose solutions gravitate around the notion of civil liability. In this context, the French federation of horse riding, well known for their decision making abilities, works for security and incite measures for promotion. Facing the demand of victims, compensation becomes a right. But, the specificity of this area is in the implication, in every step, of an animal, a living and sensitive thing, gifted of its proper dynamism. The ethology, science of the animal behaviour, helps us to understand the domestic horse, in particular, as a sensitive being whose behaviours are directly influenced by human actions. This particularity has consequences from tort liability to contractual liability and leads to choose for the application of autonomous tendencies with a better acknowledgement of animal behaviour. In front of the animal particularism whose status has to be improved, it's suitable from then on, in the case of tort liability, to apply article n°1385 of the civil code and in the case of contractual liability to make a formal difference between security obligations of means and security obligations of results falling to the professionals
Descamps, Olivier. "Les origines de la responsabilité pour faute personnelle dans le code civil de 1804." Paris 2, 2001. http://www.theses.fr/2001PA020047.
Full textVingiano, Iolande. "Obligation de sécurité et alea : étude du risque issu du manquement à l'obligation de sécurité dans les assurances de responsabilité civile pour les professionnels." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1073.
Full textThe " obligation of safety " punish diverse behavior striking a blow at the physical or mental health of others. At the same time, the insurance would favor the feeling of safety, the third-party insurance of the professionals guarantees the debt of civil liability contracted by the insurant towards a third. The question is to know if it is possible to guarantee in a satisfactory way the risk stemming from the neglect in the obligation of safety in the insurance contracts of civil liability of the professionals.If the "big principles of the right of the insurances" impose a statistical study of the risk subjected to the assurance, a legal study of the risk is indispensable because only an objective conception of the insurable risk allows to determine if the hazard that must preexist before the insurance contract is protected.Afterward, the subjective study of the risk stemming from the neglect in the obligation of safety will require to determine the influence of the behavior of the insurant on the unpredictable event guaranteed by the insurance contract of civil liability of the professionals. The identified risk will allow to observe the area of the guarantee of assurance at present proposed in insurance contracts. If the guarantee in the time and financially is not satisfactory, the intervention of auxiliary mechanisms in the assurance could be an alternative for the compensation of the victims most seriously affected by the realization of the risk stemming from the neglect in the obligation of safety
Aubanel, Mireille. "Assurance et accidents de la circulation : la jurisprudence de la cour d'appel de Montpellier en 1937 et 1938." Montpellier 1, 1985. http://www.theses.fr/1985MON10024.
Full textCérèze, Constance. "La responsabilité des parents du fait de leurs enfants du XVIe au XIXe siècle." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020025.
Full textThe history of parents’s responsibility between the XVIth and the XIXth century is the history of the progressive acceptance of this institution during the three centuries before the French Revolution, its official recognition by the civil Code in 1804 and its denial at the end of XIXth century. The difficult admission of the responsability of the parents for their children is due to the penal law which is the origin of the civil liability. At the time when our study begins the penal law refuses to charge the children below a certain age and to charge the parents for something done by their children. Despite of that some local custums admit the civil liability of the parents for their children. During the three centuries before the French Revolution this responsability is progressivly accepted due to the better formulation of a general principle charging everybody to pay the consequences of their failures, to the wider allowance of the link between the fault commited and the loss resulting form this fault and at last to the moral of education enhancing the link between the parent’s education and the children behaviour. The responsability of the parents for their children is definitly recognized by the civil Code in 1804. At this stage this principle is the warantie and punishment of the strong paternal power. It is also its specific application of the law charging everybody to pay the consequences of his fault, even the fault in what he has simply neglected or failed to do. The first part of the XIXth Century is the summit of this institution. Both the rejection of a strong paternal power and of the objective fault has caused the rejection of our institution at the end of the XIXth Century
Knetsch, Jonas. "Le droit de la responsabilité et les fonds d'indemnisation : analyse en droits français et allemand." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020048/document.
Full textThe increasing importance of compensation funds in French law and in other legal systems calls for a research study on this topic. The analysis of the scope and legal technique as well as the identification of the political aims behind those alternative compensation schemes reveals two categories: on the one hand, retrospective compensation schemes are introduced to manage the consequences of mass damages; on the other hand, the establishment of prospective funds remedies the gaps in tort law to facilitate the compensation of certain types of individual damages. In spite of similarities with Social security and private insurance, compensation funds form a unique compensation technique and can be held as the key element of social compensation, a concept which has been developed by German scholars and can explain the shifts between private and public compensation schemes as well as the diversity of fund regulations. However, a comparative approach of compensation under a fund regulation and a tort law action before the courts reveals a need for legislative adjustments in order to develop the full potential of alternative compensation schemes. A simplification of conflicts between different compensation funds and a better coordination with tort law actions have to be achieved to insure a coherent integration into the existing legal system
Al, Otoum Naeem. "L'indemnisation des victimes des accidents de la circulation : analyse du droit jordanien à la lumière du droit français." Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1007.
Full textUntil the enactment of the so-called loi Badinter of 5 July 1985, the compensation of traffic accident victims was governed in France by the general principle of liability for the action of things developed by French case law on the basis of article 1384, paragraph 1, of the French Civil Code. The 1976 Jordanian Civil Code includes a principle of liability for the action of things inspired by the French model. However, this principle is not applied by Jordanian courts in the field of traffic accidents, in spite of the fact that there is no law in Jordan similar to the loi Badinter of 5 July 1985. Hence, compensation in cases of traffic accidents is still governed in Jordan by general rules of tort law which govern liability for one’s own actions and by a 2010 law creating a compulsory motor insurance scheme, which protects victims of accidents resulting from the use of motor vehicles. In accordance with these rules, the compensation’s debtor or her/his insurer is authorized to put forward the victim’s own harmful action, disregarding its seriousness. As a result, the victim’s right to full compensation ifs often reduced or even withheld
Eyraud, Benoît. "Les protections de la personne à demi capable. Suivis ethnographiques d'une autonomie scindée." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2010. http://tel.archives-ouvertes.fr/tel-00585538.
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