Dissertations / Theses on the topic 'Banquiers – Responsabilité professionnelle – Maroc'
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Naciri, Bennani Abdelhak. "La responsabilité du banquier dans l'octroi du crédit aux entreprises en difficulté en droit marocain." Perpignan, 2001. http://www.theses.fr/2001PERP0409.
Full textThe dammages sustained by the creditors of companies having difficulties, the responsibility of the faulty credit granted by the bank and namely the consequences of a legal liquidation of a company have made the moroccan legislator to review the "corporate" law. The new legislation that has greatly affected the requirements of the banking behaviour with regards to the companies and, in particular to those having difficulties, as well as the absence of jurisprudence entail an examination of the responsability of the bank as to its relations with the company having difficulties. The question, on the one hand, is to bring to the fore the duties and rights of the banker granting the credit to consciously avoid the difficulties of the company, and on the other hand to reveal the relatively precarious status of the granting banker as to the measures of collective execution without forgetting to delimit the banker's contribution to avoid the criminal or contractual liability from the time his intervention will be considered faulty or ill-timed. This study is then concerned with the aspect of third parties security in view of distribution of bank credits and of the rules governing any possible liability of the bank vis-à-vis the creditors of the company taking the credits. A question rises as to the line between the acceptable and the no more acceptable contribution. Is it advisable to encourage the bank to take a dynamic part in the future or in saving the company having difficulties ? The responsability of the banker starts in the end of the normal exercice of his work that is essentially financial
Gannagé, Jocelyne. "Le devoir de vigilance du banquier." Clermont-Ferrand 1, 1991. http://www.theses.fr/1991CLF10005.
Full textGnansounou, Gérard. "Le banquier dispensateur d'informations et de conseils." Paris 13, 1993. http://www.theses.fr/1993PA131006.
Full textThe banker dispensing of informations and advisers for a longtime, the relations between the banker and his clients have been characterized by the omnipotence of the banker who imposed upon the clients his conditions. The important trend of the consumer's protection of the last few years has introduced more transparency in these relations. Consequently, the legislator has interfered by different laws which imposed upon the banker the obligation to inform his clients. The purpose of these laws is to give the client a perfect knowledge of the elements of the contract. The increasing interest of the private individual in the financial products leads them to sollicit the banker's advice, a service which the latter has developed in order to answer the client's demand. .
Soussi, Mounir. "La responsabilité civile du banquier dispensateur de crédit aux entreprises et la procédure collective contre l'emprunteur en droits tunisien et français." Toulouse 1, 2006. http://www.theses.fr/2006TOU10013.
Full textThis thesis treats the question of the faulty banking financing to firms against which the collective procedures are opened, in Tunisian and French laws. In this survey, we compare the two laws. In spite of the dumbness of the Tunisian jurisprudence, we bring closer the Tunisian law to the French law. This thesis presents enlightening analyses on legislative, jurisprudential and doctrinal evolutions in this subject. Furthermore, we implicate the responsability of banker distributor of credit to enterprises. Theoretically, this responsability is founded on the fault, the damage, and the connection of causality between them. The bank can commit several mistakes in the distribution, the breakdown, and the following-up of loans. This faulty distribution can produce several damages sustained by the creditors, the borrowers, or by the guarantees. So, it's necessary to prove the prejudice and its connection of causality with the fault. From the time when the different collective procedures are opened, the proxies of justice are authorized to bring the collective action against the banker to repair the colective prejudice. However, this doesn't prevent certain creditors to ask for the repair of collective and personal damage. The borrower and his guarantee are, also, invited to get against the banker and allowance of damages and interests
Thunis, Xavier. "Responsabilité du banquier et automatisation des paiements." Montpellier 1, 1994. http://www.theses.fr/1994MON10024.
Full textFor economic r4asons, bank transfers have been very early suybmited to the accele= rating effect of "new information technologies" (data processing systems, telecommunications, telmatics. ) to what extent does this phenomenon create new risks and new liabilities for the banker having to cherck and to carry out a transfer order? this is the question that is addressed in the present study. The first part describes the various techniques characterizing automated payment systems and attempts to determine the legal regime applmicable to electronic funds transfers with reference to well known qualifications such as "virement" (giro tranfers), "mandat" (agency) and "delegation". (giro tranfers), "mandat" (agency) and "delegation". This rather theoretical approach givbes very few results as regards the banker's liability in automated payments systems. The second part of the study adopts a more pragmatical approach and inderlines, on the basis of various contractual agreements and courts decisions the legal consequences of automation in the relation between banks and between banks and their customers. Card payments, chek-truncation procedures and financial networks such as chips and swift are submitted to and in-depth analysis
Chung, Chin-Sé. "Responsabilité civile du banquier dispensateur de crédit à une entreprise en difficulté." Paris 2, 1987. http://www.theses.fr/1987PA02Z104.
Full textIn an equitable (fair) distribution of the social loss in case of the failure of an enterprise, the imprudence of a banker which presents himself as a professional lender, no more as an abstractly considered creditor, equal to other creditors, is subjected to a more severe reproach and incurs the liability not only for having accorded a credit in violation of a statutory or contractual provision, but also for having financed a hopeless exploitation in the red by an economically unwise credit and keeping artificially alive an enterprise in an irremediably broken down situation. It is not permitted to the banker to put it on to the guarantor in order to lude the charge of the loss produced by his faulty credit. In countries where the rule of the civil liability (tort) is rigid, the securities to guarantee the banker's credit can be declared null and void as a sanction for his fault in the credit operation. The trustee in bankruptcy who is qualified to represent in the same act the bankrupt as well as the interest of the creditors has the power to bring an action against a third party (e. G. Banker), were he himself a creditor, in order to reconstitute the estate of the bankrupt during the bankruptcy proceeding. The creditors can sue the faulty banker individually, out of the bankruptcy proceeding, for the damages particular to him or for his portion of the damage commun to all the creditors which the trustee in bankruptcy have not sued for. A creditor's preferential right on the bankrupt's estate may naturally be exercised on the amount that the banker has to pay in reconstitution of the same estate. And the debt of the banker to pay the damages for the reconstitution of the bankrupt's estate is reciprocal with his right to receive the refund of his credit from the same estate
Madjour, Oualid. "La responsabilité civile du banquier dispensateur de crédit : étude de droit comparé français-algérien." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_madjour_o.pdf.
Full textWithout being an exact science, dispensing credit is a very perilous exercise and orders to deal with certain risks. Indeed, the banker dispenser of credit is likely to engage his responsibility not only when he authorizes a credit but also when he breaks it. At the same time, the customers and the thirds aspire, as for them, with more safety and intend to limit the incurred risks. These contradictory requirements must be necessarily taken into account in order to seek a sufficiently balanced mode of civil liability This research had started, in France, towards the end of the Seventies and the beginning of the Eighties. For this period, one attended the emergence of the first lawsuits brought against bankers in order to blame their responsibility because of the appropriations which they authorize. Since, the fault of the banker knew various fortunes but constancy must nevertheless be recorded in front of a banking responsibility which does not cease extending by its width and its competition. Concerning the Algerian law, the late economic opening of the market differed the debate on the civil liability for the banker dispenser of credit. Nevertheless, the increasing importance of the credit in the Algerian economic life contributed to a significant degree to acceleration of the process of establishment of a particular mode of the balanced banking responsibility. Nevertheless, the mode of the banking responsibility in Algeria is confronted with the same dilemma today as faced the French legislator and who continues to face. How to protect the rights of the most vulnerable customers without to sacrifice the interests of a major actor of the economy, in fact, the banker dispenser of credit?
Ben, Sedrine Leïla. "La responsabilité civile, pénale et disciplinaire du médecin au Maroc : insuffisances et défaillances d'un système." Perpignan, 2004. http://www.theses.fr/2004PERP0601.
Full textThe law of the medical responsibility in Morocco holds a considerable retard; this is basically due to the absence of any recent jurisprudence on the matter and due to an obsolete medical Code of ethics which remains unsuitable to the actual realities of the country. This failure of the system has a consequence of no protection to the patient's rights. The legal insecurity seems to be the rule
Baouali, 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
Essafsafi, Lahcen. "La responsabilité médicale en droit marocain : histoire d'un concept protectoral à la lumière du droit comparé." Perpignan, 2012. http://www.theses.fr/2012PERP1102.
Full textYagou, Abdellatif. "Le notariat en droit marocain : tradition et modernité." Perpignan, 2006. http://www.theses.fr/2006PERP0657.
Full textBogler, Honoré. "Le banquier mandataire : les mandats visant à réaliser un mouvement de fonds." Nice, 1992. http://www.theses.fr/1992NICE0031.
Full textMarzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français." Perpignan, 2006. http://www.theses.fr/2006PERP0730.
Full textThe first part of the thesis is devoted to the determination of the concept of fault serious, it is divided into two chapters:: the conditions of the calling into question of paid (chapter I) are articulated between the conditions of existence of the fault, the liable abuse right to be made by the employee, and the role of the circumstances in the appreciation of the known as fault. The observation of the serious fault (chapter 2) is analyzed on the one hand in comparison with the capacity of observation which the employer has who bases himself on theoretical and practical bases, then in addition in comparison of the means and the burden of proof which must make it possible to the judge to judiciously qualify the faulty act. The second part is devoted to the effects of the serious fault, which are obviously the suspension of the working relationships (chapter 1) which are doubly appreciated: by its immediate character and the sasine of the court. Then, the legal control of dismissal (chapter 2) is analyzed in comparison with the basic judge who has within this framework a sovereign capacity, nevertheless subjected to the control of the supreme court
Vilanova, Laurent. "La décision de prêt bancaire comme signal imparfait sur l'emprunteur : aspects théoriques et application au cas du soutien abusif." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32019.
Full textThis doctoral dissertation deals with the apparent paradox between banking literature highlighting the certification role of banks and court decisions that underline the weaknesses of banks' signals. This work is therefore focused on the credibility of banks' signals. More precisely, we try to answer the following questions : why banks are sometimes induced to misrepresent the actual situation of a firm. We also study the mechanisms that may increase the credibility of banks' signals. Our work permits to identify three reasons of imperfect banks' signals : the bad quality of information collected by the bank, mistakes in the processing of information, the incentives of the bank to manipulate the information transmitted. An empirical study realized in a french bank confirms the existence of these three reasons stemming from different theoretical fields (the theory of contracts, psychology,. . . ). A theoretical model, based on game theory, study the impact of reputation effects and the threat of court decisions on the quality of information transmitted by the banks. We show that a bank may collude with a non-viable firm to convince non-equity stakehoders that the firm's prospects are healthy. The objective is to obtain additional collateral or to delay liquidation. This moral hazard problem can be solved when banks are long-term players on the credit market. Indeed, banks may have incentives to maintain or to develop a reputation of toughness in order to keep the trust of non-equity stakeholders. The model shows also an interaction between the bank's reputation and the borrower's reputation: the necessity of a bank's certification varies according to the firm's reputation
Elhorre, Abdelilah. "Responsabilité pénale du commissaire aux comptes dans les sociétés commerciales en droit marocain et en droit français." Perpignan, 2012. http://www.theses.fr/2012PERP1103.
Full textLikillimba, Guy-Auguste. "Le soutien abusif d'une entreprise en difficulté : recherche d'une approche globale." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32001.
Full textBoucard, François. "Les obligations d'information et de conseil du banquier." Paris 5, 2001. http://www.theses.fr/2001PA05D005.
Full textLahrichi, Saâd. "La mission des notaires français et marocains : étude de droit comparé." Montpellier 1, 2006. http://www.theses.fr/2006MON10011.
Full textGregone-Mbombo, Passion Célestin. "La responsabilité du banquier en droit centrafricain : génèse et mise en oeuvre d'un droit emprunté : contribution à l'histoire de la colonisation juridique en Afrique francophone." Perpignan, 2008. http://www.theses.fr/2008PERP0837.
Full textAbarkane, Mohamed. "Cadre juridique comparé du circuit du médicament au Maroc et en France." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40009.
Full textApproaching the comparative legal framework of circulation of drugs in morocco and france was justified by the gap, existing since independence, between the evolution of the moroccan all-branch pharmaceutical sector through the private initiative, and the stagnation of the legislation in force. Our work, comprises two parts, the first is entitled the fundamental concepts of the law of pharmacy and drugs, the second is entitled the circulation of medicine in morocco. After an appreciation, we noticed the absence of test cases and took down about the laws in force that are out of date and often usuitable. Aware of this fact, mainly face to the easing of restrictions on the external trade up to the year two thousand, regarding the project of partnership of morocco with the european union, and considering the permanent revolution of the medical and pharmaceutical practice, the professional staff of the pharmaceutical sector, in collaboration with the public health ministry, elaborated within the framework of a revision and a recasting of the existing laws, a series of bills, which are presently in awaiting approval. A code of pharmacy comprising, in a structured and cordinated manner, the whole laws which are adopted seems to be necessary. But the most important thing is to look after the implementation of this pharmaceutical legislation by all the professionals
Abou, Nader Wassim. "L'obligation de mise en garde du banquier dispensateur de crédit." Paris 2, 2009. http://www.theses.fr/2009PA020013.
Full textLambert, Jérôme. "Excès de confiance des chargés d'affaires bancaires dans les décisions d'octroi de crédit aux entreprises." Thesis, Montpellier 2, 2011. http://www.theses.fr/2011MON20025/document.
Full textThis work analyzes bankers' overconfidence in the granting process. Empirical and experimental work provides evidences that experts' judgment and students' judgment could differ. We have replicated our study on students and measure overconfidence and attitudes toward risk.In a first qualitative study, we analyze the bankers' overconfidence thanks to the interviews we made. We highlight their overconfidence; however we could not find any link such as cause/effect with their decisions.We extend our work with an experimentation with bankers and students. After measuring different forms of overconfidence and attitudes toward risk, we have tested the impact of overconfidence on a assets' study. Each participant had to judge, evaluate and decide to invest in different assets. The first results show that no differences can be made between bankers and students on the overconfidence and attitudes toward risk. Nevertheless, in the assets' study, students tend to form a global preference and revise their judgment during their investment (intervention of the risk aversion). On the opposite, bankers are influenced by the overconfidence bias and the evaluation stage when they form their investment choices
Renucci, Antoine. "Le banquier et le Data Protection Officer (DPO). D'une obligation d'information et de conseil à une obligation d'assistance." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0009.
Full textThe parallel between banking and data protection officer activities is particularly interesting regarding the obligation to provide information and advice, a concept which is undergoing a major change. Our thesis is that this obligation evolves concomitantly for these two professionals but, in the end, takes a different way. In both cases, this obligation tends to become an obligation of assistance of a different nature : in its classical form, the banker has the obligation to provide a passive assistance, but in its current form, the assistance provided by the DPO, is active. This divergence is explained by the difference of needs and logic. In the case of the Banker, the business logic prevails and he can’t interfere. On the other hand, in the case of the Data Protection Officer (DPO), the protection prevails, especially the data protection, which justifies and even imposes his action. It is therefore logical that assistance provided should be passive in one case and active in the other
Alkhalaiwy, Thamer. "Le régime de la distribution de crédit et les obligations mises à la charge de son distributeur : étude de droit comparé, droit français-droit saoudien." Thesis, La Rochelle, 2014. http://www.theses.fr/2014LAROD007.
Full textIf the appeal on credit today has become somewhat trivial, the regulation of this sector however proves to be a necessity. Regulations have therefore been set up concerning not only the operations of credit offered by the bankers, but also their behaviour concerning their clients during the conferment of credits. Saudi law and French law differ in this field. This is due to the fact that the Saudi law is based on the Charia, which influences its requirements concerning the distribution of credit. Among these requirements is the ban of loans with interest, or of the riba, creator of an original regime of credit distribution, which marks the major difference to French law, free from any religious requirements. On the other hand, although this divergence is ineluctable, a convergence can be found between Saudi law and French law concerning obligations put payable to the banker providing the credit. However, contrary to French law, these obligations in Saudi law lack in precision and evolution. Therefore convergence should once again be consolidated by drawing inspiration from the solutions given by French law in the field, notably by putting obligations on bankers in order to assure a fair balance between the interests of the banker and those of his borrower
Chossis, Jennifer. "Le refus du banquier." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD040/document.
Full textBanking Business is subject to specific risks. Against these risks, the banker’s refusal seems to be an adequate means of protection and security.Since the banker is the first to expose himself to those risks, it seems natural that banking law is governed by a principle of freedom: freedom of contract, entrepreneurial freedom, freedom to take risks and consequently freedom to refuse. However, a banker’s tendency to overprotect himself would turn out to be detrimental to the public as such refusal can be a source of social and economic exclusion. Indeed, it is absolutely impossible to deny how vital the banking services are for all society actors. The banker’s freedom of refusal shall therefore be tempered by the search for an appropriate balance between his own protection and his existing or potential customers’ protection. Thus, certain and defined limitations to the banker’s freedom of refusal should result from this search for balance so that, under certain circumstances, a duty not to refuse could be imposed on the banker. In any event, freedom remains the principle while exceptions may be justified.Furthermore, the banker is not the only one to take risks. Indeed, banking contracts involve risks borne by his co-contractors and by their creditors, even though they are third parties to the agreement. That is why the co-contractors, often less experienced than the banker regarding the risks attached to bank operations, as well as the third parties to the agreement who are unaware of the existence of such risks deserve in this respect to be protected. The search for security could take the form of a refusal obligation imposed on the banker. However, as any obligation of refusal infringes on the banker’s and his co-contractors’ freedom, only the protection of the general interest would actually be able to justify such infringement. Though, even if there are indisputable assumptions where such an obligation of refusal exist under positive law, it appears that a general obligation of refusal shall be difficult, if not impossible, to identify. Such an obligation, although deemed moral, is undesirable as it could result in affecting the interests it sought to protect