Dissertations / Theses on the topic 'Assurance de responsabilité civile'
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Dossou-Yovo, Roger. "La responsabilité civile de l'assureur." Orléans, 1990. http://www.theses.fr/1990ORLE0002.
Full textSummary of the thesis this study concerns the following two main points: the first title deals with the insurer's civil responsibility to the policy holders, distinguishing the civil responsibility for offence when the insurance policy is concluded, from the civil answerability for transgression when the policy is carried into effect. Afterwards, we will take a peculiarly keen interest in the specific liability of the insurance company, as regards its trustees who are the general agents and sometimes the insurance brokers. The second part is devoted insurers' civil responsibility to one another. This is to be assumed in case of unprofessional conduct, as defined in the cooperation treaties, the formal provisions of agreement and codes of behavior, and on the other hand, in case of dealings contrary to the principles of free and fair competition
Chartier, Henry. "Responsabilisation en droit des assurances de responsabilité civile." Orléans, 2003. http://www.theses.fr/2003ORLE0007.
Full textBaouali, Lahbib. "L'assurance de la responsabilité civile médicale au Maroc." Thesis, Paris 8, 2016. http://www.theses.fr/2016PA080128.
Full textIn the heart of any human activity exists a part of uncertainty, fate and chance. The medical act does not escape the chance, as far as it involves (puts at stake) the only certainty of the human being, which, her (it), is example of any chance, that is: the fact that he (it) is going to die. The medical act most leads (drives) can fail, hurt and even kill. The headways (overhangs) of the medicine, however spectacular they are, do not allow to cure everything, the progress also comes along of a set of unwanted effects. There is so itself a ditch between the wait (expectation) of the patients and the result (profit) of treatments, what leads (drives) to resentments and demands which can end in trials in justice. The medical responsibility does not date current, it made its appearance from the antiquity (antique).I. HISTORY (STORY) OF THE MEDICAL RESPONSIBILITY:II. NATURE OF THE MEDICAL RESPONSIBILITY:A. The penal responsibility: B. The disciplinary responsibility: C. The civil liability: The insurance (assurance) of the medical RC is of current events all over the world, and aroused big debates on its enforcement and its adaptation to every company (society) according to the degree of development of its dispute and according to the needs and the means of the diverse participants (speakers). In our country, this shape of insurance (assurance) is still for its debuts and we arrange for the moment only certain very shy case law and doctrinal studies which do not reflect exactly the current state of the thing (matter); what leads (drives) us to draw from the solutions proposed by the foreign operators and to adapt them, if it is possible, to the Moroccan case.Things being what they are, the evolution of the medical civil liability and its incidence on the insurance (assurance) of the medical responsibility are the object of this report. The developments which are going to follow are conceived in two parts (parties). The first one (night) will be dedicated to the personal and collective medical responsibility in all its facets; while the second will deal with the functioning of the insurance (assurance) of this medical responsibility in Morocco
Guégan-Lécuyer, Anne. "Dommages de masse et responsabilité civile." Paris 1, 2004. http://www.theses.fr/2004PA010318.
Full textVignon-Barrault, Aline. "Intention et responsabilité civile." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2003.pdf.
Full textMaitre, Grégory. "Analyse économique et responsabilité civile." Paris 1, 2004. http://www.theses.fr/2004PA010316.
Full textKadhim, 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
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
Baouali, Lahbib. "L'assurance de la responsabilité civile médicale au Maroc." Electronic Thesis or Diss., Paris 8, 2016. http://www.theses.fr/2016PA080128.
Full textIn the heart of any human activity exists a part of uncertainty, fate and chance. The medical act does not escape the chance, as far as it involves (puts at stake) the only certainty of the human being, which, her (it), is example of any chance, that is: the fact that he (it) is going to die. The medical act most leads (drives) can fail, hurt and even kill. The headways (overhangs) of the medicine, however spectacular they are, do not allow to cure everything, the progress also comes along of a set of unwanted effects. There is so itself a ditch between the wait (expectation) of the patients and the result (profit) of treatments, what leads (drives) to resentments and demands which can end in trials in justice. The medical responsibility does not date current, it made its appearance from the antiquity (antique).I. HISTORY (STORY) OF THE MEDICAL RESPONSIBILITY:II. NATURE OF THE MEDICAL RESPONSIBILITY:A. The penal responsibility: B. The disciplinary responsibility: C. The civil liability: The insurance (assurance) of the medical RC is of current events all over the world, and aroused big debates on its enforcement and its adaptation to every company (society) according to the degree of development of its dispute and according to the needs and the means of the diverse participants (speakers). In our country, this shape of insurance (assurance) is still for its debuts and we arrange for the moment only certain very shy case law and doctrinal studies which do not reflect exactly the current state of the thing (matter); what leads (drives) us to draw from the solutions proposed by the foreign operators and to adapt them, if it is possible, to the Moroccan case.Things being what they are, the evolution of the medical civil liability and its incidence on the insurance (assurance) of the medical responsibility are the object of this report. The developments which are going to follow are conceived in two parts (parties). The first one (night) will be dedicated to the personal and collective medical responsibility in all its facets; while the second will deal with the functioning of the insurance (assurance) of this medical responsibility in Morocco
Teixeira, Marie-Josée. "L'assurance de responsabilité civile des risques d'entreprise." Doctoral thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/30196.
Full textGonnet, Jade. "L'assurance responsabilité civile des professionnels de santé." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0515.
Full textIn 1897, following a case particularly relayed by newspapers, about Dr. Laporte, whose responsibility had been committed for "homicide by recklessness" because of an unhappy birth, a dozen doctors made the decision to create an alliance to pay the legal costs to which Dr. Laporte was liable. Each one of them contributed one penny a day. This risk pooling approach appealed to health professionals. The members of the Medical Contest decided to create a professional defense league called the "Sou Médical", which positioned itself as a real financial and moral support for the doctors in case of questioning their responsibility. The idea of guaranteeing the risk of the civil liability of health professionals was born. It was only at the beginning of the 20th century that the insurance companies appropriated and developed the branch of medical liability insurance. Nevertheless, at the end of this century, the field of health was marked by various events highlighting the need to reposition the patient at the heart of the medical act, some of which contributed to provoking a crisis of liability insurance medical. In response to these events, the legislator promulgated Law No. 2002-303 of 4 March 2002 on the rights of the sick and the quality of the health system, which instituted, inter alia, an obligation for health care institutions and professionals to take out responsibility insurance professional citizenship. Faced with the obligation to insure such a risk, the insurers were all the more involved in the control of the medical risk in order to reduce it, which impacted and still impacts the practice of the health professional
Espinasse, Julie. "La responsabilité civile professionnelle de l'avocat." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10035.
Full textLawyers have become an essential profession in our modern society. Like any other profession, lawyers have a liability towards their clients in respect to their rights and obligations. Nowadays, everyone is entitled to expect compensation when professional people commit an error while performing their duties. As an example, the media often highlight cases in which doctors are held liable by their patients. What about the client who has suffered a loss caused by their lawyer ? What legal mechanisms are used to hold the lawyer responsible? Does this legal professional have access to specific insurance cover ? These and many other questions are frequently unrecognised both by those to be tried and professionals in the law
Pierre, 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
Aqabli, M'Hamed. "L'assurance du risque automobile en droit marocain : contribution à l'étude de l'évolution de la responsabilité civile." Perpignan, 2007. http://www.theses.fr/2007PERP0756.
Full textThis thesis is concerned with the Moroccan law as to the compulsory automobile insurance, which is known for its reciprocal feature, for to the obligation of «being insured»which is overwhelming to drivers corresponds the obligation to «insure»which is compulsory for the insurers. Within this framework, the Moroccan legislator has visibly adopted, just like his French counterpart, a compromise between two possible conceptions of the automobile risk: the «intuitu rei»conception and the «intuitu personae»conception: the one that links the warranty to the vehicle and the one that ties the warranty to the insured driver, leading thus to a hybrid system of insurance liability. The adoption of the first conception is the surest means to find a respondent for every accident caused by a determined vehicle. The second conception takes into account the qualities of the driver and encourages as a matter of fact the efforts of prevention. Therefore, the compulsory automobile insurance has brought deep transformation to the law of obligations as well as to the field of liability. Upon the view of private law contract, a legal status is imposed on the insured and insurers. The former becomes «subjugated» to the legal regime of insurance and the latter becomes supplier of warranty. The social role of this institution governs the following situation: insurance is at the service of the public
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 textAudin, Marie-Rose. "Réflexions sur l'assurance responsabilité civile des dirigeants sociaux." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLED078.
Full textUnderwriting a civil liability insurance for social executives appears today as essential to the proper functioning and development of companies.But the question of the real effectiveness of this insurance, subscribed by the company, necessarily arises to protect its leaders in the event of their personal liability being questioned
Le, 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
Bennouna, Mohamed Jamal. "Responsabilité civile et assurance des constructeurs au Maroc : limites et carences de la législation marocaine." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0016.
Full textThanks to its driving force in the Moroccan economy, the building sector acts as an effective impetus growth .Apart from the current consolidation ,it should further its development in the following years .Through a combination of several endogenous factors. All legal studies undertaken in MOROCCO up to now have just dealt with manufacturers contractual liability without considering their contractual liability not to mention its insurance. The present thesis tries to analyse the extra contractual liability within MOROCCAN LAW while comparing it with European legislations such as FRANCE, GREAT BRITAIN, GERMANY and SPAIN or African legislations ALGERIA TUNISIA and SENEGAL. This choice is primarily motivated by the current existence of significant conflicts between builders and the extra contractual property owners. One of its main objectives is to find out sound explanations to these conflicts in the game rules of builders liability set by Moroccan legislation. In terms of construction insurance, MOROCCO has finally elaborated the introduction of a compulsory insurance through the 59-13 law promulgated by Dahir 1.16.129 of 25th august 2016 amending and supplementing law 17.99 insurance code in B.O 6506 of 6th October 2016. Now this compulsory insurance system currently operational could be effective and satisfy the professionals aspirations if it draws lessons from previous experiences of other countries such as TUNISIA and FRANCE
Ngoungoure, Mfenjou Dorothée Penneau Anne. "L'oeuvre créatrice de la jurisprudence en matière de responsabilité civile et d'assurance des constructeurs." Villeurbane : TEL, 2007. http://tel.archives-ouvertes.fr/tel-00186806/fr.
Full textSiméon, Gwendoline Coudane Henry. "Responsabilités et réparation du dommage corporel des accidents sportifs." [S.l] : [s.n], 2005. http://www.scd.uhp-nancy.fr/docnum/SCDMED_T_2005_SIMEON_GWENDOLINE.pdf.
Full textFeyel, Olivia. "La garantie de la responsabilité civile des dirigeants sociaux." Paris 2, 2010. http://www.theses.fr/2010PA020064.
Full textPradel, Xavier. "Le préjudice dans le droit civil de la responsabilité." Paris 1, 2001. http://www.theses.fr/2001PA010314.
Full textGodefroy, Arnaud. "Les préjudices psychologiques en droit de la responsabilité civile." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1006.
Full textRegularly hit by the violence of life in society, traumatized victims look through tlegal liability, support to provide them fair compensation for their injuries. If earlier, interest has focused on the physical appearance of infringements by human activity, now it seems necessary to deal with the psychological aspect of the victims. The apprehension of these losses is still in its infancy in terms of liability law requiring a structured approach to address the problems related their implementation. The proliferation of traumatic events - terrorist attacks, disasters, various physical assaults, etc. - Has contributed to the proliferation of psychological harm by case law. This phenomenon then invited to reflect on both a theoretical structure and a sustainable practical implementation of psychological harm. This study would offer the opportunity to respond to regular questions on this subject. What are the operative events may create a psychological trauma ? Could there be a unitary concept of psychological harm ? Does not exist any particular complexity related to the assessment of that damage ? Or is it monetary compensation the only answer that the law of civil liability can make to a victim who seeks compensation for psychological harm ? If the standards in force seem to respond in part to these questions, the absence of structuring pushes to think about a new and coherent approach in order to not to distort the right to repair
Tabet, Jean-François. "Le contencieux de la responsabilité civile des risques naturels et technologiques." Montpellier 1, 2008. http://www.theses.fr/2008MON10034.
Full textNgoungoure, Mfenjou Dorothee. "L'oeuvre créatrice de la jurisprudence en matière de responsabilité civile et d'assurance des constructeurs." Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00186806.
Full textBertrand, Michel. "Le coût des accidents du travail comme incitation à la prévention en entreprise : une approche micro-économique." Paris 1, 1995. http://www.theses.fr/1995PA010067.
Full textThe object of this thesis is the cost of occupational accidents that employers bear. This question is studied in the French context. The first part shows that the avoidable cost of an occupational accident depends on the chosen definition of an occupational accident and on the manager's behavior towards the different risks (insurance and "self-insurance" propensity. . . ). Employer's "ex post" decisions and context (regular, economic. . . ) in which "ex ante" and "ex post" decisions are taken also affect the cost. A method of assessing the avoidable cost of an accident "'as elaborated. It should enable corporate managers to value the true cost of accidents, and consequently provide them more deterrence incentives. Assumptions on which the method is based are indicated. The second part deals with the relationship between the level of accipent prevention activities undertaken in a firm and the possibility the firm's manager has to purchase insurance to cover injured workers compensation. The compensation taken into account in this analysis is the one employer must pay the injured worker when injury results from employers "inexcusable fault". Based on insurance microeconomic theory this study indicates that the insurance possibility do not always lessen firms prevention level
Ngoungoure, 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
Robineau, Matthieu. "Contribution à l'étude du système responsabilité : les potentialités du droit des assurances." Orléans, 2004. http://www.theses.fr/2004ORLE0002.
Full textCiron, Nicolas. "L'assurance responsabilité civile automobile : approche de droit international privé et de droit de l'Union européenne." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010335.
Full textIssues related to international traffic related to the development of international trade and the free movement of person' trade. The development of trade was done despite differences in their respective legislation. International traffic with indeed lead to conflicts of laws that must be addressed by coordinating measures. It will also lead to conflicts of jurisdiction involving the determination of the competent court to adjudicate claims. The existence of this international traffic has created a regulation to achieve coordination between the various applicable laws and facilitate the process of the victim by avoiding recourse to a judge. Essentially private in origin, regulation evolves under the influence of European integration. The compensation of a victim process chronologically follows two steps. Firstly, it is to determine the law applicable to civil liability. This allows assessing the responsibility of the author of the accident and determine the quantum of compensation. Then he proceeded to its implementation by the insurer under an insurance contract. The content of the latter must comply with the laws governing compulsory insurance in the country of the accident whose function is to cover the amount of the debt liability. Coordinating the lex contratcus with the provisions governing compulsory insurance must be in favor of the lex loci delicti because it has the advantage of being neutral and predictable for all parties
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
Benayoun, Claude. "La force majeure au regard des obligations de l'entreprise : applications et limites d'une théorie." Grenoble 2, 1993. http://www.theses.fr/1993GRE21001.
Full textHow definie the act of god's theory ? This is an event wich exonerate a debitor who didn't respect his agreement. In our hypothesis of work, the debtor is a firm because, to day, many firms are involved in civil or commercial agreements. According to us, in its attempt to be exonerated, the firm does n't only have to establish its absence of fault. More, the firm has to porve that the event, so called act of god, isn't the result of the firm's running. At any rate, when a customer or an employee complains about his agreement's inexecution, our thesis tries to demonstrate why the act of god's theory, called upon by in the firm, has to be, in part, an objective theory, by including an element of exteriority
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 textVincent, Kangulumba Mbambi M. "Indemnisation des victimes des accidents de la circulation et assurance de responsabilité civile automobile: étude de droit comparé belge et congolais." Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211911.
Full textNous l'avons déjà souligné :le droit positif privé congolais à cette particularité d'être dualiste, tout au moins en ce qui est du droit des obligations et du droit de la réparation.
C'est pourquoi,il est indispensable, pour la compréhension du système juridique congolais, de recourir à l'examen des mécanismes de droit coutumier traditionnel qui continuent, très souvent, si pas dans la perception mais en tout cas dans l'application/ de régir les institutions et les rapports de droit privé. Il importe ainsi d'examiner d'abord,la structure de la responsabilité civile en droit positif écrit (Titre 1er),ensuite en droit coutumier traditionnel (Titre II) afin d'en ressortir les apports mutuels qui puissent nous permettre de fonder, dans le système juridique congolais, un meilleur droit de la réparation.
Doctorat en droit
info:eu-repo/semantics/nonPublished
Mauritz, Adriaan Jeroen. "Liability of the operators and owners of aircraft for damage inflicted to persons and property on the surface /." Maastricht : Shaker publ, 2003. http://catalogue.bnf.fr/ark:/12148/cb410624384.
Full textAubé, Erwan. "Assurances et responsabilité du fait des produits défectueux." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10037.
Full textThe crossover study of insurance and civil liability related to faulty products yields an analysis of the specific provisions set down in articles 1386-1 and the following of the Civil Code along with the different principles of civil liability that they complete and the specificities of insurance law. The coherence of the new set of provisions recently added to the Civil Code is thus considered through a more precise outlining of their implementation and by examining, within the light of case law, the possible extensions of their scope of application. The implementation of these new provisions has been a source of uncertainty, regarding the proof a product's safety defect or compliance with delays imposed by the legislator. In a correlative manner, the application of measures specific to insurance law require that a number of demands be met, relative to the notification of a claim or the compensation methods used by the insurer
Bost-Lagier, Véronique. "L' exceptionnel en droit civil." Paris 2, 2002. http://www.theses.fr/2002PA020069.
Full textAl, 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
Vingiano, 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
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
Morin, Joseph-Antoine. "Le régime d'indemnisation des accidents du travail et des maladies professionnelles et la responsabilité civile : enquête sur un régime de responsabilité au coeur de la Sécurité Sociale." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D062.
Full textDespite frequent disputes about the regime for work accidents and occupational discases (AT-MP), no in-depth study attempting to define this system's legal nature has been undertaken so far. Yet, the precise identification of the way the regime operates seems necessary to properly discuss the relevance of its rules, and contemplate its future. Striving to contribute to the debate, this study endeavors to situate the AT-MP regime within the broader framework of compensation law. The regime cannot, as has tradicionnally been the case, be conceptualized opposite civil liability -nor can it be assimilated to this system. Rather, it provides an original compromise bringing together liability and the need for social guarantees. Based on this analysis, one may assess the hurdles facing the incorporation of the AT-MP regime within compensation law, and appraise the relevance of the varions political proposals that have been put foward to this end
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
Barbaro, Vanessa. "Les nouveaux risques : aspects de responsabilité civile et d'assurance : étude de droit français à la lumière des droits américain et chinois." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30023.
Full textThe expression « emerging risks » is increasingly used to describe the health and environmental risks related to scientific and technical progress whenever their damaging consequences, although anticipated, are shrouded in an opaque veil of scientific uncertainty. The professionals, who created these risks, often use this uncertainty in an attempt to avoid any liability. When unable to do so, they try to have them covered by their liability insurance, even though such behavior fuels the idea that insurance promotes irresponsible behavior. This thesis is built around the question of the insurability, or to be more precise, the non-insurability of emerging risks. The aim was to study the capacity of the current products liability system, complemented by the relevant liability insurance, to meet the social goal of taking care of the victims of those « emerging risks ». The solutions provided by the French law system have been put up for a test by comparing them with those of the American and Chinese ones, while taking into account the contextual problems met by the latter. In this regard, the study of emerging risks leads us to review the concept of insurable risk, and to admit there are limits to the current system dealing with the victims’ compensation. It seems appropriate to refer back to the fundamentals of liability law and insurance law while seeking additional solutions. Appealing to national solidarity (through the setting up of a compensation fund) or to financial markets could be the solution
Bigot, Rodolphe. "L'indemnisation par l'assurance de responsabilité civile professionnelle : L'exemple des professions du chiffre et du droit." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1006.
Full textIn the field of the civil liability of law and accounting practitioners, the compensation of victims is entirely carried out by a private insurer. There is, therefore, in this respect, a plain difference between compensation in the field of medical liability and compensation in the area addressed in this research. Nevertheless, the economic stakes would be rather higher. An optimal mutuality is often done by law and accounting professional bodies. They have entered into collective insurance contracts created and proposed as from the nineteenth century by a sole insurer, today in an almost situation of de facto monopoly. From 2001 to 2010, more than 100 000 claims have been declared by law and accounting professions together with the dominant insurer. A detailed sampling has enabled us to notice that the compensation does not have its entire hoped efficiency, itself being thwarted by the insurance system’s action of professional defense federated around concerted management committees. This system has therefore taken control of the compensation process, in a way to conceive a form of crushing of the prejudices entitled to compensation, mainly through amicable settlements. At the same time, the abovementioned system is not always in a position to fully protect this incredible mutuality that it has however carried out with success. The impairment which affects the responsibilization of insured practitioners could be at the same time the cause and the consequence of this important sum of claims for which the self-disciplined methods used by insurance seem to have faded, to the detriment of compensation
Pouget, Jonathan. "La réparation du dommage impliquant une intelligence artificielle." Thesis, Aix-Marseille, 2019. http://theses.univ-amu.fr.lama.univ-amu.fr/191212_POUGET_871qcngtj900zlfid640gfeuf393zytl_TH.pdf.
Full textDo the current tort law and insurance law allow an adequate compensation for the damage caused, directly or indirectly, by anartificial intelligence? Firstly, this thesis demonstrates that tort law and insurance law need to be interprated. Secondly, it demonstrates that a part of tort law and insurance contracts have to evolve. The track of a legal personhood with supervised functions and attributable to artificial intelligences will also be studied for these purposes
Mahbouli, Chawky. "Transport et sûreté : de la prévention à l'assurance." Paris 1, 2008. http://www.theses.fr/2008PA010335.
Full textToujgani, Noureddine. "Assurance et responsabilite du commettant." Lille 2, 1986. http://www.theses.fr/1986LIL20002.
Full textChanges introduced by insurance into the principal's civil liability are reflected in the new approach to theestimate of its conditions, its enforcement and its effects. By releasing the principal from the financial consequences of the torts of his agents, the insurance brings about a change in the way of determining the person liable for compensation : the victim can sue the principal, depending on the latter's capacity for obtaining insurance. He appears more as a person who can provide for insurance than as one who is really liable for compensation. This new way of determining the person liable for compensation results in the principal disappearing behind his insurer for the enforcement of his liability. The victim of the agent's tort enjoys a direct action and a personal right against the principal's insurer. He is thus entitled to put in a claim to the latter. The principal's insurer will then conduct the proceedings and thus act as the victim's counsel for the defence as far as insurance and liability issues are concerned. As for the effects of the principal's liability, the insurance impact leads to the disappearance of the principal, of the process of establishing the agent's several liability. This liability can be questioned only by the principal's insurer and this only in case of offence with intent
Lampach, Nicolas. "Essays on risk management in the presence of ambiguity." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAB009/document.
Full textThe thesis aims to establish an optimal technological risk management to ensure hazard reduction of new emerging risks without impeding the innovation path. The research work contributes to ex-ante and ex-post risk management strategies and provides theoretical and empirical evidence to address the management of new emerging risks. The first part of the thesis examines, from the perspective of Law and Economics, the effectiveness of the tort liability rule for the situation where the decision maker is lacking information about the probability of an event to occur. The second part of the thesis pays particular attention to the environmental energy transition in France and focus on the insurability of the energy performance in the housing sector. The theoretical and experimental findings from the first part of the research convey strong validity that tort law cannot provide ex-ante optimal incentives when there is lacking information about the probability of accident. The regime of unlimited and limited liability leads to overinvestment in prevention in regard to new emerging risks. The empirical results of the second part of the thesis reveal that 23.75% of households participated in the weatherization program "Je Rénove BBC" do not achieve the required energy target but the severity of the energy performance gap is relatively low. The findings of the research work imply several policy recommendations to manage new emerging technologies in the future
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
Rey, Pascale. "La responsabilité civile dans la pratique des sports alpins." Thesis, Paris Est, 2016. http://www.theses.fr/2016PESC0063.
Full textThe expression « civil responsibility » refers to the all rules which compel the perpetrator of damage caused to a person to « answer », in the etymological sense of the term, and repair any harm done by giving compensation to the victim. The famous article 1382 of the Civil Code stipulates: « Any act committed by man causing harm to someone obliges the person by whom the harm was inflicted to repair it». The concept of fault is by no means defined by carelessness or negligence (almost unlawful act). The unlawful fault which is committed with the intention of inflicting damage will thus rarely be retained in the alpine sports sector. By contrast, the almost unlawful fault which is due to an error of conduct without intending harm, will however be frequently invoked in the court decisions judging mountain accidents. A sportsman who does not respect the rules also commits an error. The « rules and regulations » provided in Article L131-16 of the code of sport gives the monopoly to the federations, to determine the « technical rules corresponding to their discipline » as well as the « rules relative to the organization of any event open to their members ».If the concept of error has not disappeared, the concept of risk has developed considerably, especially under the influence of the social transformations from the 19th century on. The courts have developed, in the name of the necessity for compensation of victims, a bold case-law jurisprudence notably leading to the development of responsibilities without error. These developments made possible the civil responsibility insurance, have however reached their limits, leading to the intervention of the legislator, and to the adoption of real laws of compensation. Besides, the necessity for the safety of consumers is growing and we find this claim also even in dangerous sporting activities, like those in the mountains.The access to summits has become very much easier, so that almost all year round we can meet experienced and inexperienced mountaineers, on foot, on skis or on snowshoes. Even if there are more and more intermediate practices, the cleavages between the skier on the ski runs and the mountaineer are very real. Although the zero risk does not exist in the mountains, the general principles of civil responsibility should apply to alpine leisure sports by ensuring a maximum of security for participants. However, the theory of the acceptance of risks has its rightful place in mountain sports where the objective dangers are more numerous and where the concept of proven fault remains valid. Civil responsibility, in alpine sports has a compensatory but also preventative nature, notably through the instruction in the mountains
Batakou, Mahuwetin Sylvie. "Le risque environnemental et l'assurance." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3002.
Full textEnvironmental risk is defined as the damage to the environment caused by the activities of companies that give rise to their responsibilities, which are the source of ecological damage or ecological harm and oblige them to take measures to repair or even prevent it. The enshrinement by liability law for so-called pure ecological prejudice, i.e. those caused to the environment itself, has obliged insurers to structure themselves and offer adequate guarantees. Beyond environmental liability as provided for in the Environmental Code, henceforth, on the basis of Articles 1246 et seq. of the Civil Code, any person, and consequently any company, and not only those whose activity constitutes a risk for the environment, must repair the damage caused and put in place, if necessary, measures to prevent such damages. These costs, which are borne by him and are likely to affect his financial survival, cannot be assumed without recourse to insurance. This one can then be used to cover and pay for pure ecological damages. Insurance plays an essential downstream role, but also an upstream role by enabling and promoting the prevention of environmental risk. In this way, environmental risk insurance is fully in line with the current sustainable development approach. However, while traditional insurance is the technique best suited to effectively repairing damage caused to the environment, it alone cannot cover environmental risk. There are substantial, temporal and financial limitations in environmental insurance contracts, requiring consideration of the implementation of a multifaceted compensation system. As a result, the complementary intervention of other compensation mechanisms, particularly a compensation fund, is indispensable. At the end of our study, the crucial role of the insurer in repairing environmental damages is highlighted. However, it must be included in a broader and rethought compensation mechanism, consisting of the establishment of an insurance obligation on the one hand and a special compensation fund on the other