Dissertations / Theses on the topic 'Assurance – Droit'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Assurance – Droit.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Chen, Peng. "L'information précontractuelle en droit des assurances : étude de droit comparé français et chinois /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2005. http://catalogue.bnf.fr/ark:/12148/cb40099574f.
Full textRoueil, Élodie. "Essai sur le contrat d'assurance collective." Orléans, 1998. http://www.theses.fr/1998ORLE0005.
Full textAladwan, Ashraf. "La notion de risque dans le contrat d'assurance : pour une évolution du droit jordanien à la lumière du droit français." Poitiers, 2008. http://www.theses.fr/2008POIT3002.
Full textThe risk occupies a dominating place in all the types of contracts of insurance ; it is precisely the risk which allots to the contract of insurance its nature aleatory. Thus, the validity or the nullity of the contract of insurance depends on the risk. But if the contract must be aleatory in French Law so that it is qualified contract of insurance, this nature aleatory is the major objection opposed to the insurance, in Islamic Law. The risk is the essential component in the contract of insurance. The insurability and the uninsurability of an event depend on the concept that we adopts for this essential component. The notion of risk restricts or increases the insurable events. If the considerations morals or of law are not always relevant to explain exclusions of the guarantee, the disappearance of the risk remains the most justifiable reason. The risk is not an element without limits ; it is thus an element limited in the contract of insurance
Habert, Christelle. "La prévoyance en assurance vie." Orléans, 2005. http://www.theses.fr/2005ORLE0005.
Full textParienté, Isabelle. "Assistance et assurance." Paris 5, 1990. http://www.theses.fr/1990PA05D005.
Full textAssistance is the primitive form of insurance. We may see to day the multiplication of services companies called assistance companies whose purpose is to give a material and moral aid to any people in difficulty, especially in case of travels abroad. These companies have adopted the insurance technic. If assistance has effectively preceded insurance, there is now a renewal of assistance. Assistance has become, since the adoption of the e. E. C. Directive the "touristic assistance", a new branch. To compare assistance and insurance leads to observe the differences of their schemes. However, the assistance contracts offerts the same characteristics as the insurance contract. Many of the assistance contracts proposed by the insurance companies are nothing else but insurance contracts. The survey of the juridic scheme of assistance contrives to assert the identity of nature between assistance and insurance activities
Gaulon, Nathalie. "Assurance vie, vulnérabilité et dépendance." Rennes 1, 2011. http://www.theses.fr/2011REN1G043.
Full textThe concept of disability has long been the only answer to situations of fragility of the contractor in our legal system. New concepts have recently been dedicated by our legislature, doctrine and practice : vulnerability and dependence. Private insurers have developed solutions to ensure the subscriber, on the one hand to anticipate his own vulnerability or dependence, and also to pass to a vulnerable or dependent person assets to the time when the subscriber will no longer watch over her. At the same time, the legislature has only recently reformed gift law and disability law, so it should now take stock of strengths in insurance and traditional transmission techniques used in the service of vulnerable and dependent people
Lesage, Franck. "La place du droit commun des contrats et du droit des assurances dans les assurances obligatoires." Montpellier 1, 2000. http://www.theses.fr/2000MON10036.
Full textThomas, Anne-Catherine. "La faute en droit des assurances." Orléans, 2005. http://www.theses.fr/2005ORLE0004.
Full textSong, Liwei. "Assurance et garantie des investissements étrangers en Chine." Paris 1, 1996. http://www.theses.fr/1996PA010264.
Full textThrough out China's contemporary history, foreign investment has lived a veritable vicissitude in China. The legal protection of foreign investment, both in chinese domestic and international law began in the late 1970s. Under chinese domestic law, the autonomy of the laws concerning foreign investment put foreigners in a privileged and as well as a restrictive position. Under international law, the chinese practice gradually moved towards international customs , especially concerning the specificity of foreigners' treatment. The protection against political risk both in domestic and international law is a particularly important aspect in a country like China
Chartier, Henry. "Responsabilisation en droit des assurances de responsabilité civile." Orléans, 2003. http://www.theses.fr/2003ORLE0007.
Full textVictor-Belin, Nicole. "L'expertise en assurance-construction." Université de Tours. UFR de droit, d'économie et des sciences sociales, 1986. http://www.theses.fr/1986TOUR1001.
Full textThe experting in building insurance the litigations in the building insurance field lead frequently the courtyards and the insurance contractors to call experienced technicians. The first part of the thesis shows that expertise in building insurance has a double caracteristic: -first, it is divided between the self-sufficiency which ought to sustain the technical analysis of the desorders and the practice of the experting which leads to an interdependency of the expert attributions and those of who commissioned him to do it. -the second experting caracteristic results from the tightness of its aims: the usage of experting reports in order to prevent damages is very scarce and we can notice a shortage of usable datas and an insufficient update of the knowledge of these professionals. After this established facts the second part of the thesis presents the different ways of improvement in this field: -first of all the searching of good quality datas is easier by the use of the last improvements of data processing and for example the expert system. -then an important improvement of experts performances are also set up thanks to the implementation of a teaching system assisted by computer and also a better strategy of choice of this kind of professionals
Grelié, Julien Jacques. "Le contrat d'assurance en France et aux Etats-Unis : aspects de droit comparé." Nantes, 2011. http://www.theses.fr/2011NANT4015.
Full textLe contrat d'assurance en droit français et américain : aspects de droit comparé is a comparative analysis that outlines how the objectives of the insurance contract regulation and its judicial interpretation are commonly shared, and how the different means are implemented to achieve these goals in France and in the United States. French and American Insurance Law are diverging, whether it is a matter of controlling the balance between contractual freedom and the protection of interests of the insured, or whether it is about establishing rules of preventing fraud and enforcing the requirement of fortuity within the formation and the execution of insurance contracts. The laws reflect the philosophy held in their own judicial system. While taking this gap into consideration, this thesis brings a new source of inspiration and ideas about current and future issues related to French Insurance and Private Law
Nodjigoto, Enoch. "Le régime des assurances au Tchad." Nantes, 1998. http://www.theses.fr/1998NANT4004.
Full textThis thesis is an analysis of texts relating insurance companies in Chad. Since 1967, the new texts that were adopted concentrated on the functioning of the private insurance companies under the control of the state. However, they were merely an adaptation of the colonial texts applied in the past, and can even be considered as a copy. As far as insurance deals were concerned, the july 13, 1930 law on the insurance contract remained applicable until 1992, then Chad signed the treaty of Yaoundé, instituting an integrated market for such transactions and created Cima. This treaty which came into force on february 15, 1995 in Chad, included in its annex i the insurance code of the contracting parties. This thesis aims to analyse the former and present texts in order to determine whether there was an evolution or a revolution thanks to the creation of a supra-national organ of control (commission). There was a slight evolution as far as insurance deals were concerned. The new texts renovate a great deal of the dispositions contained in the former ones with some new ideas being included. It was a question of "tidying up". The major innovation was the new regulation of power-driven land vehicles instance with a new compensation system a corollary. This system was created to cushion one of the evils of insurance companies: the payment of sometimes quite high compensations demanded by victims. This analysis concludes that the new texts are protectors for the assured persons, the beneficiaries of insurance contracts, or the insurance compagnies'creditors themselves. As well, its aim is to determine whether they will allow a good functioning of the insurance firms to exist starting from the local market of insurance, whose decline had been prevelent before 1992. Still, a strong political will, a moral uprightness from the inspectors, and a total change of the mentalities is needed for true success to remain finally
Roth, Wulf-Henning. "Internationales Versicherungsvertragsrecht : das Versicherungsverhältnis im internationalen Vertragsrecht : zugleich ein Beitrag zum Schutz des schwächeren Vertragspartners im IPR und zur Dienstleistungsfreiheit in der Europäischen Gemeinschaft /." Tübingen : J. C. B. Mohr (P. Siebeck), 1985. http://catalogue.bnf.fr/ark:/12148/cb37464071r.
Full textTrescases, Anne. "Assurances et droit des régimes matrimoniaux." Montpellier 1, 2005. http://www.theses.fr/2005MON10057.
Full textHe, Zhi-Xin. "Les obligations de l'assureur : étude de droit comparé français et chinois." Nantes, 2014. http://www.theses.fr/2014NANT4004.
Full textLunghi, Christine. "Les confins entre les activités de banque et d'assurance face aux échéances européennes." Grenoble 2, 1989. http://www.theses.fr/1989GRE21005.
Full textVaillier, Pascale. "Les limites de l'assurance." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40040.
Full textNehmé, Aline. "L'assurance entre loi islamique et droit positif : l'exemple des droits francais et libanais." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30044.
Full textThe Islamic insurance, or Takaful, that first appeared in the seventies, is a subject that has an actual importance both in France and Lebanon. The Islamic insurance companies aim at working in these two countries whereas the contracts law as much as the enterprises law is dominated by the idea of secularism. Can we practice an activity mainly ruled by religious principles in countries where the substantive law is secular? Is the Takaful policy an insurance policy like any other conventional policy insurance? And are the Takaful companies insurance companies at the same level of all other conventional insurance companies? Indeed, the elements that are the basics of the conventional insurance contract are found in the Takaful policy, meaning the risk, the premium and the insurance benefit. These two contracts cover the similar risks, except for the objects and events considered as Haram and prohibited by Islam. As for the insurance companies Takaful, they are allowed to have the same form as any other conventional insurance society. Yet, their functioning is different from the abovementioned, due to their structuring into two distinct funds in addition to an operational mode appropriate to their needs. The audit made in conformity with the Islamic sharia imprints the Takaful insurance companies and strongly distinguishes them from the conventional insurance companies. Without any doubt, the idea rotates around how the substantive law accepts them. However, the concept of Takaful should be overcome
Saa, Ngouana Ange Yannick. "Évolution du risque et droit des assurances : étude selon les droits français et CIMA." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010268.
Full textThe legal treatment of the evolution of the risk tends to alleviate the imbalance arisen from the influence of time on the insurance contract. Rules related to party’s relationship try in priority to address this issue by looking for the restoration of a balance in the insurance contract. This balance is restored automatically when the evolution reaches the base or the value of the risk. The premium and the allowance are directly adjusted in relation to the risk. When the evolution, upward or downward, affects the scale of the risk, that is the probability or intensity of its occurrence, the adaptation of the contract will be negotiated. It is from the attitude of the parties that depends the issue of the negotiations. The contract which cannot be adapted is destroyed in order to contain the misdeeds of the evolution of the risk. That is the reason why its cancellation sanctioned the bad faith of the insured on the occasion of the worsening of the risk. This is because the coverage of the aggravated risk without adaptation of the conditions of the warranty puts in danger the balance of the mutuality. On the other hand, the sunsetting appears to be the only solution to the contract in case of total disappearance of the risk. The insurer not assuming anymore its obligations, this results on the refund prorata temporis of the advanced premium.The breach of contract is not always offered to the parties. Variations proceeding of the legal uncertainty and specific risks in the insurance of persons do not lend parties to the questioning of their relationship. The unsuitability of the contract is therefore absolute. It becomes relative when, in the case of insurance of damages, the insurer loses, subsequently to the evolution of risk, his right to invoke its legal prerogatives, although the contract could have normally been adapted. Giving that contractual impossibility to control the consequences of the evolution of the risk, it is necessary to reach the balance of the insurance technique of mutualizing, both in the interest of insurer and that of mutuality. Insurance company Law allows the insurer to meet its commitments when the risk evolves. The provisioning of all risk variations and the respect of the solvency requirements ensure, in any circumstance, the availability of sufficient funds to ensure its commitments towards policyholders. For mutual insurance companies, the adjustment of premium constitutes, in addition, a major asset to balance, at the end of a year, the contributions of their members on the basis of the charge of disaster
Mornet, Mélanie. "L' immeuble face aux risques." Le Mans, 2009. http://cyberdoc.univ-lemans.fr/theses/2009/2009LEMA2001.pdf.
Full textProvost, Magalie Leduc Fabrice. "La notion d'intérêt d'assurance." Tours : SCD de l'université de Tours, 2008. http://www.applis.univ-tours.fr/theses/priv/magalie.provost_2341.pdf.
Full textCabrillac, Séverine. "Les garanties financières professionnelles." Montpellier 1, 2000. http://www.theses.fr/2000MON10002.
Full textProvost, Magalie. "La notion d'intérêt d'assurance." Thesis, Tours, 2008. http://www.theses.fr/2008TOUR1002.
Full textWhile the insurable interest is a concept unknown in France, it is the subject of exhaustive studies by the foreign rights. This paradox is to be decided in favor of a broad interpretation of the concept of interest : to prevent insurance from gambling, the insurable interest is the qualifying of the insurance contract. As a result, a reading of the law is necessary. On the one hand, the scope of the benefits of insurance must be extended to life insurance. On the other hand, the concept risk analyzed in the light of the insurable interest leads to adopt that the "risk" can not exist without an interest in protecting them. This analysis makes it possible to punish insurance contracts without interest to non-happening of a risk
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
Behaja, Alan Basile. "La notion de risque en droit des assurances : Etude comparative en droits malgache, français et de la CIMA." Thesis, La Réunion, 2017. http://www.theses.fr/2017LARE0013.
Full textUndisputably a chore notion in insurance law because of its role within the insurance mechanism and the insurance policy, the concept of « risk » is without a doubt barely polysemous. If that fact would not really matter in some other law fields, herein, in the field of insurance law, it goes differently. Indeed, in this latter field, the polysemy of the risk has tangibly generated misunderstandings between the insurance provider, the policy holder, the judge, the legislator and the doctrine. And as everyone knows, when the terms of the laws don’t really appeal to the same ideas to people, legal insecurity is wrapping as the basis of the legal reasonning is then standing on a subjective scale. Before this state of affairs, the interest of our thesis shows then up : beyond the appearances, can’t the concept of risk reveal any potentiality to a uniform conception that would appeal to the same idea to people ? We will prove that the question has definitely an affirmative answer. Hence, we should then go beyond this established fact and analyse closely the different legal impact it would drain off
Hannoun, Charley. "Le droit et les groupes de sociétés." Paris 10, 1988. http://www.theses.fr/1988PA100054.
Full textThe subject of this research is to bring out an explanatory theory of the relations between law and groups of companies. The initial intuition is that group's rights can't be separated from the general structure of contempory law. The general principle of "gouvernementalite" deducted from philosopher Michel Foucault’s analysis has since led us to observe the emergence of a new juridical system: the naturel economic right its two basic aspects: the search of balance and the economic and social "police". The law crisis thus should be the mere expression of the transition between two underlying rationalities: the "souveraineté" and the "gouvernementalité". Reinterpreted in the light of this analysis, the groups’ right shows the will to adjust two imperious contradictions: the maintenance of society’s autonomy principle and the acknowledgment of the groups. It arises from this the functional and relative character of the notion. On the basis of this rationality we have then tried to build, in a more technical way, a theory of corporate bodies’ transparency able to precise the criterion by which can be discussed the society’s autonomy principle to the benefit of economic unity. This notion draws nearer to other known notions like simulation, fraud or appearance. In that manner can be withdrew a lot of doubts concerning the groups law
Robineau, Matthieu. "Contribution à l'étude du système responsabilité : les potentialités du droit des assurances /." Paris : Defrénois, 2006. http://catalogue.bnf.fr/ark:/12148/cb40949153w.
Full textLefevre, Valérie. "L'assurance des personnes malades : l'exemple de l'accès à l'assurance emprunteur." Paris 5, 2011. http://www.theses.fr/2011PA05D016.
Full textCredit institutions only accept to give out loans if their payment is guaranteed by an insurance policy, the so-called “loan payment insurance”. This obligation to insure one’s loan can however be analyzed as an important obstacle to sick people’s access to credit. Indeed, insurance companies are reticent to give out loan payment insurance to sick candidates, and without insurance, securing a loan seems impossible. In the absence of a set definition of “sickness” and “sick person”, insurers consider any person with altered health as presenting a health risk. By likening sickness to the insured risk, insurers exclude people whose sickness has no direct incidence on invalidity, incapacity or death that would prevent them from paying back their loan. Limiting access to loan payment insurance for sick people is disputable, as the way sickness is apprehended by insurers is wrong. Indeed, as far as loan payment insurance is concerned, sickness is not a risk in itself, but rather a factor that increases the probability of the risk occurring. As such, it should not enable insurers to exclude all sick people. Despite the progress afforded to people with an aggravated health risk by the AERAS (s’Assurer et Emprunter avec un Risque Aggravé de Santé - Getting insurance and taking out loans with an aggravated health risk) convention, their access to credit and loan payment insurance remains difficult. Although many rights have been granted to facilitate sick people’s access to insurance, in reality, this access remains limited. The application of the contractual mechanism creating those rights showed a number of shortfalls, in the effectiveness of the rights, as much as in their content, which is sometimes not suited to the needs of sick people. Therefore, it appears necessary to strengthen the rights of sick people as far as loan payment insurance is concerned, by enforcing a stricter legal framework. Facilitating access to credit and insurance for sick people is all the more essential, inasmuch as the current situation infringes their fundamental rights to non-discrimination, dignity and respect for their private life. Indeed, because of economic principles specific to insurance, insurers have rights that are contrary to ethical and legal principles, such as discriminating or keeping insurance candidates’ health data on file. Justification for these practices should be questioned and sick people’s rights should be strengthened to guarantee the social dignity and respect for private life that are inherent rights for all human beings
Mouterde, François Régis. "Le consensualisme et la détermination des risques garantis dans le contrat d'assurance." Lyon 3, 1992. http://www.theses.fr/1992LYO33024.
Full textThe insurance policy is the most common adhesion contracts. Traditional rules, decreed by common law to control the reality of exchange of consent, prove ineffective when applied to insurance policies. Hence the existence of new rules, some imposed by law, others, greater in number, derived from jurisprudence, to limit the consequences of the most dangerous clauses for the policy holder. All these clauses can be analysed as a reinforcement of the obligation of the insurer to inform. In this perspective, the notion of "appearance", conceived as the product of elaborated communication, plays a central role. In time, the normalization of contracts, could anable even more effective reconciliation of the necessary simplicity of contractual procedures and complete protection of the interests of the policy holder
Ponce, Christophe. "Assurance-construction et garanties de bonne fin." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32002.
Full textIn thematter of construction of new buildings, French law presents the specification of having two sets of protecting and compulsory rules : these are the construction insurance and the guarantees of completion. Concerning the principles, there can be no doubt that the guarantees of completion and the construction insurance have differents objects and fields. In the first case, the aim sort after is the completion of the building in the sector of housing, while the second, it is a matter of repairing calling on the "techniques of the building", already carried out. However, these principles have exceptions witch should be studied : indeed, construction insurance sometimes covers the carrying out of missing work, whereas guarantees of completion can finance the repairing of some of the building defects. More over, the intervention modes of these two types of guarantees are brought closer to each other, through the compulsory process, entrusted independantly to third parties. This Converging leads us to suggest a still much closer link around a "guarantee of conform delivery"
Beira, Ehi Marc. "Les assurances cumulatives." Nice, 1986. http://www.theses.fr/1986NICE0012.
Full textLeblond, Nicolas. "Assurances et sûretés." Paris 2, 2007. http://www.theses.fr/2007PA020062.
Full textSansévérino-Godfrin, Valérie. "L'État, les compagnies d'assurance et les risques majeurs." Nice, 1996. http://www.theses.fr/1996NICE0024.
Full textAuclair, Nicolas. "La loi applicable au contrat communautaire d'assurance." Paris 1, 1999. http://www.theses.fr/1999PA010313.
Full textCarlot, Jean-François. "Etude théorique et pratique de l'autonomie de l'action directe de la victime contre l'assureur du responsable." Lyon 3, 1989. http://www.theses.fr/1989LYO3A001.
Full textAstegiano-La, Rizza Axelle. "L'assurance et les tiers : variations sur le thème de la complexité des relations contractuelles /." Paris : Defrénois, 2004. http://catalogue.bnf.fr/ark:/12148/cb39214393s.
Full textBerger, François-Xavier. "Aspects contemporains du droit criminel des assurances terrestres." Toulouse 1, 1996. http://www.theses.fr/1996TOU10002.
Full textNon-marine insurance appears as a pressing social necessity. That is why it is strictly controlled by the state. Therefore, our non-marine insurance law contains several criminal rules taken from criminal law or criminal procedure. A non-marine insurance criminal law can be drawn up from the combination of these different rules. The French insurance code deals with offences relating to insurance activity and punishes motorists or builders whose insurance cover is inadequate. Many criminal rulings have been created for the last-mentioned matters, such as fraud based on an insurance policy. The crime of fraud is defined in the French penal code, former article 405, new article 313-1. The number of cases which have been heard by criminal courts confirms the increasing rate of this criminal phenomenon. Regarding the offences relating to unintentional homicide or injury, the insurer of the defendant or of the plaintiff has the right to intervene, under particular circumstances, in front of the criminal jurisdiction. That reform, brought about by the act no 83-608 of July 8th 1983 has considerably reduced the delay in the payment of compensations to victims for the damage caused, while maintaining the insurers’own interests. It has sometimes been of the case law's responsibility to define under what conditions that third party was allowed to intervene in the criminal debate. Non-marine insurance criminal law appears, on the whole, as most heterogeneous and complex. Yet, it is not definitely set and has regularly evolved so as to protect the parties involved in the insurance contract as well as the victims of accidents
Tak, Tak Hind. "Les actions judiciaires exercées contre l'assureur maritime : Etude comparartive des droits français et anglais." Lille 2, 2003. http://www.theses.fr/2003LIL20004.
Full textWhen the marine insurer contests the insured's or injured person's claim, two types of legal action could be made : action for payment of indemnity made by the beneficary, or direct action taken by a third parrty against the liable party's insurer. The main question is to know if the two systems, civil law (French law) and common law (English law) tend to have an approximate approach, espetially when the insurer or injured person brings an action against the underwriter. In the order words, how do the french or English judge handle the trial bearing on marine insurance ? They must take into account the different aspects of the legal dispute : the procedure and the main issue of the suit. The first aspects must be dealt with : the relevant jurisdiction, the applicable law and the admissibility of a claim. The second aspect consists of the differents defence formulated by the insurers and founded on the contract of insurance or on the regime of the liable insured party
Thomas, Vincent. "Le représentant de société." Dijon, 1999. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/1a407d51-1d3f-4aba-b84a-9f2953df3284.
Full textBargue, Nicolas. "Essai sur la notion de garantie." Paris 1, 2008. http://www.theses.fr/2008PA010321.
Full textHigelé, Jean-Pascal Friot Bernard. "L'alliance MEDEF-CFDT dans la négociation UNEDIC de 2000 L'affirmation au droit à l'emploi contre le droit au salaire pour les chômeurs /." Nancy : Université Nancy 2, 2004. http://cyberdoc.univ-nancy2.fr/htdocs/docs_ouvert/doc215/2004NAN21017.pdf.
Full textProvost, Magalie. "La notion d'intérêt d'assurance." Electronic Thesis or Diss., Tours, 2008. http://www.theses.fr/2008TOUR1002.
Full textWhile the insurable interest is a concept unknown in France, it is the subject of exhaustive studies by the foreign rights. This paradox is to be decided in favor of a broad interpretation of the concept of interest : to prevent insurance from gambling, the insurable interest is the qualifying of the insurance contract. As a result, a reading of the law is necessary. On the one hand, the scope of the benefits of insurance must be extended to life insurance. On the other hand, the concept risk analyzed in the light of the insurable interest leads to adopt that the "risk" can not exist without an interest in protecting them. This analysis makes it possible to punish insurance contracts without interest to non-happening of a risk
Lesuffleur, Stéphanie. "Le risque juridique dans l'assurance." Paris 1, 2009. http://www.theses.fr/2009PA010277.
Full textAllaire, Frédéric. "La passation des marchés publics d'assurance : contribution à l'étude du droit des marchés publics." Nantes, 2004. http://www.theses.fr/2004NANT4027.
Full textThe public procurement law lays down a contractual relation from which an objective economy must emerge. It arises from the association of the demand formalized beforehand by the public person and of the supply "economically most advantageous" proposed by a candidat Applied to the insurance services, "the effectiveness and the economy of the public order", which constitute the aims of the public procurement law in its first article, are affected by a double flaw. The economic value of the contract is not validly apprehended, not only because the guarantees of insurance are beforehand and exclusively defined by the person responsible for the market, according to his own economy of the need, but also because the successive and aleatory nature of these contracts, which are legal products of an insurance operation, does not meet the economy of the insurance contract
Chen, Peng. "L' information précontractuelle en droit des assurances : étude de droit comparé français et chinois." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32067.
Full textVoidey, Nadège. "Le risque en droit civil." Strasbourg 3, 2003. http://www.theses.fr/2003STR30009.
Full textFrom a legal point of view, the term 'risk', which is not defined in the Civil code, refers to an unpredictable, future and harmful event. There are nevertheless different variants in the definition of the term. Its concept is plurivalent since it can have several meanings in civil law. As a result, the notion of 'risk' can be understood in a synchronic, circumstantial way, by changing the context of the criteria characterising said notion. The meaning of the notion of 'risk' also varies with time, as law faces new issues. Each of these variants is likely to affect the law. Due to its various meanings, it becomes specific. The notion of 'risk' is complex and provides one of the essential elements in civil law. It is therefore a fundamental concept of civil law
Kavvatha, Martha. "Le droit de la concurrence du secteur de l'assurance." Paris 1, 2009. http://www.theses.fr/2009PA010326.
Full textDossou-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
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