Dissertations / Theses on the topic 'Connaissement'
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Soisson, Nathalie. "La Liberté contractuelle dans les clauses du connaissement." Paris 2, 1992. http://www.theses.fr/1992PA020019.
Full textToward the end of the last century, the american senate, by the harter act, introduced a movement tending to protect the shippers against the excessive use by the maritime carriers of various clauses of bills of lading, amounting to exclude his liability. Following the harter act, international conventions and national adopted, shaping the modern patern of the carrier's liability. To be effective, this trend of legislation had to be mandatory. Studying the validity of the bills of lading clauses, analysed through such laws and conventions likely to be applied by french tribunals, shows the constant - though not universal - restriction of the carrier's freedom of contract, often worsen by the judges'strictness. Even if it cannot be denied that this attitude was necessary at the time the harter act was passed, the legitimacy of certain rules is now discussed, due to the technical evolution of carriage of goods. The traditional position of the carriers imposing his will to the economically weak shipper is no longer the reflection of reality. Moreover, the modern methods of transfert of documents influence heavely the future of bills of lading. But at the same time that mawyers and people involved in the shipping industry are still discussing the meaning of the last convetion on carriage of goods by sea, scrutinizing and weighing its provisions, one can notice a new legal trend, especially at the european community level, advocating freedom of contract and favouring the application of commercial rules
Joly, Jean-Luc. "Connaissement du monde : multiplicité, exhaustivité, totalité dans l'oeuvre de Georges Perec." Toulouse 2, 2004. http://www.theses.fr/2004TOU20016.
Full textAlthough Georges Perec's works have been steadily confronted with the question of totality, for anthropological reasons as much as autobiographical, political and literary ones, they are seldom studied from this angle. This may be due to the present devaluation of this term, which has been wrongly associated with totalitarianism, or to the prevailing contemporary dysphoric doxa. However, to fill the need, these works, whose deep motivating forces are euphoric, keep raising the issue of the multiplicity of reality, secretly hoping that they will shake it through the writing. The "substantial" totality beeing inaccessible, lets itself be tamed through a "relational" form (both relative and related to the absolute), a necessary adaptation to turn totality from a paralyzing, outmoded, even dangerous utopia it had become, into a heuristic vector (a promise to meet with meaning or the continuous memory again) and a means to a renewed type of realism. From the "critical-realistic" attempt or the infra-ordinary remanence of the immediate expression, to the mediatized solutions of maturity (constraints, autobiography, fiction, totality through works, intertextuality or reception), via various experiments within and out of literature, the works are gradually building up through a dialogue with an impossible that successfull exhaustive constructions or schemes open to representation, reasserting the power of writing. Thus resuming some sort of textual transcendence where modesty and concreteness however are at play, Georges Perec's works find in totality their unity and the probable cause for their becoming a present myth as a matrix of a modern type of realism. From a work born in the "era of suspicion" (N. Sarraute), they turn into pillars of the "epilogue" one (G. Steiner)
Zhang, Fan. "Le connaissement en droit chinois à la lumière des conventions internationales." Nantes, 2015. http://www.theses.fr/2015NANT4009.
Full textThe study is carried out to compare the maritime law relating to the contract of carriage of goods by sea between French law, English law, Chinese law and some international conventions. Today, on an international level, there are two systems of maritime transport under the bill of lading. One of them is linked to the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, Brussels, 1924 (The Hague Rules), the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, Brussels, 1968 (the Visby Rules) and the SDR Protocol, 1979. This system that was adopted by France and the United Kingdom is the one that is more implemented in the world. It establishes the obligations for the carrier but also the exceptions to liability to tlie latter's benefit. This system is thus considered to be as advantageous for the carrier. The other one is linked to the United Nations Convention on the Carriage of Goods by Sea, 1968 (Hamburg Rules). This system is based on the principle of the obligations and liability of the carrier and has removed his exceptions to liability. Therefore, it places upon it extra liabilities and this system is considered more advantageous to a person entitled to the goods. However,this system is less adopted worldwide. China has not followed either of these two systems. Chinese maritime law has been inspired from The Hague-Visby Rules and from the Hamburg Rules in order to create its own system which gives some obligations and liabilities to the carrier stricter than the ones in The Hague and Visby Rules but more flexible than the ones in the Hamburg Rules. The aim of this particular system is to find a balance between the advantages of the carrier and the advantages of the person entitled to the goods. By making this comparative study, we can therefore have deeper knowledge as much as in the Chinese maritime law as of these two systems mentioned
Boukhari, Rym. "Le contrat de transport maritime de marchandise sous connaissement contentieux France-Algérie." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D014.
Full textIn the last decades, the International maritime transport has been developed on a large scale. Several international agreements have been concluded in purpose of an unification of the rules governing maritime transport agreements, resulting in a complexity which sometimes raises doubts. However, as in the international private law, the international maritime law is, according to the legislation applied to it, interpreted differently according to country. This difference of interpretation is corning from significant disparities in the decisions of the different countries, particularly about the inserted clauses in the bill of lading. Furthermore, the containerization has Advantages in terms of safety and speed of loading and unloading, it presents difficulties regarding the false declarations and the settlement of demurrage, that they are facing, a lack of resources remains between the Algerian and French ports. All these problems, affects mostly the shipping carrier or the consignee of the goods and which are not fully covered by the current agreements in force. These texts were aimed standardization of the international regime of maritime transport of lading contract, are still not achieving the desired harmonization. This thesis aims to criticize in a constructive perspective of the international legal regime of the maritime transport contract of goods under bill of lading and litigation that creates especially regarding transport to and from Algeria
Royer-Fleury, Agnès. "Essai d'une théorie juridique du connaissement et des autres titres de transport maritime." Nantes, 2004. http://www.theses.fr/2004NANT4025.
Full textThe Bill of Lading has an hybrid juridical nature, witch concerns the maritime transport title and representative of the goods title as well. In this way the Bill of Lading ensures documentary security of the international maritime trade. Nevertheless, the Bill of Lading is confronted with twofold contemporary challenge. On the one hand, thanks to the containerization, the maritime world is entering into a new era, favoring the appearance of some new operators (consortia and NVOCC) which send out "Bills of Lading". Moreover, for escaping from the formalism of the Bill of Lading, professionnals created new maritime transport documents, taking part in a documentary confusion. On the other hand, the Bill of Lading could not be the single bastion of the documentary system. The computerization of the Bill of Lading needs probative value of the computerized documents to be acknowledged. In this respects, documentary security forms the subject of a juridical regulation
Hamdalla, Mohamed. "La navigabilité du navire : contrats d'affrètement, de transport et d'assurance maritime." Montpellier 1, 1986. http://www.theses.fr/1986MON10026.
Full textWagué, Hamadi Gatta. "Le transporteur de fait : contribution à la théorie du transport." Paris 1, 2008. http://www.theses.fr/2008PA010308.
Full textJouidi, Driss. "L'exploitation commerciale du navire affrété en droit français et comparé." Nantes, 1994. http://www.theses.fr/1994NANT4005.
Full textThe operating of commercial chartered ships in french and comparative law this is an indepth analysis of the widespread changes occuring in the running of chartred commercial shipping contracts. Despite the uniformity of these contracts numerous vaque clauses in charter parties affect the interpretation and application of the shipping contracts. As a result, the many difficultes require the frequent modification of the charter parties, and the considerations during the negociations often go begond the purely economie. The operating of commercial shipping contracts also suffers from a confusion regarding the person responsible for the third party, especially when many people are closed linked to the shipping operation. This confusion results from either the absence of one responsible person. Or to the existence of several people who can be held responsible for the carrier. An effort to the normalize the operating of commercial shipping contracts would reduce the ambiguity and incoherence of certain charter party clauses, and would significanty improve their exploitation
Garo, Philippe. "L'adaptation du droit des transports maritimes au droit du commerce électronique." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32067.
Full textThe main tool of the e-commere development, EDI (Electronic Date Interchange) led to important works of the international organizations (normalisation, model contracts). EDI applied in maritime carriage but whereas the practice required a documentary dematerialization, there was a B/L dematerialization as cargo title. The B/L was less and less used. EDI continue dits development. However, the International and European organizations could not only take into account EDI to adapt the Law with regard to the amazing development of the e-commerce and they ciontributed to the Law changes. Law had to adapt and e-commerce will be recognized as a legal point of view. The reference to the maritime carriage was not absent from the work sessions of the international organizations; nowadays the Rotterdam Rules incorporate the e-transport document for liner services. The E-commerce Law permits the use of the dematerialized transport documents
Adyel, Abdelkrim. "Le connaissement : instrument du crédit documentaire : théorie générale,problématiques juridiques et applications jurisprudentielles : au regard des droits positifs marocains et français et des textes internationaux." Perpignan, 2010. http://www.theses.fr/2010PERP0963.
Full textTarchi, Nizar. "Le titre de transport maritime : "de l'écrit à l'informatique"." Montpellier 1, 2009. http://www.theses.fr/2009MON10005.
Full textZhang, Liu Feng. "Etude comparative du contrat de transport maritime de marchandises en droit francais et en droit chinois." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32048.
Full textThe purpose of this dissertation is to carry out a comparative study of the contract for the carriage of goods by sea in French law and in Chinese law, principally between French positive maritime law and Chinese positive maritime law, taking into consideration as well the numerous influences which international Conventions currently in force bear on this issue.The contract for the carriage of goods by sea is concluded between a shipper and a carrier. The transportation of the goods by the carrier involves the navigation of a ship through water, a natural element which is not without danger; the act of the transportation of the goods therefore involves certain risks, and it is this act of transportation which is the object of the contract.This contract is generally modelled after the standard form of a Bill of Lading, though that is not the only document which is used. Among the specific elements of a Bill of Lading, the Paramount clause, the jurisdiction clause and the arbitration clause inserted in the document will each be examined, because they form the legal base of maritime transport.The execution of the contract, considering the rights and obligations of each of the parties, will be examined in detail. Assuring that the ship is in sound navigating condition, carrying out the voyage and accomplishing the delivery of the cargo are the responsibilities of the carrier, who in return will receive payment for these services from the shipper.However, the particular risks inherent in sea travel engender particular problems which will be specifically addressed – for example, the exact extent of responsibility of the carrier; the cases in which an exception might be made; amount limitations to the indemnities for damages, etc.The practical application of the contract to a specific situation will sometimes lead to disputes. In each case it needs to be determined which is the party that is responsible for the damage to the cargo. In fact, it is not always easy to define the responsibilities of each party. Sometimes appeal is made to international arbitration, and at other times it will be necessary to appeal in a court of law.Since the disputes often involve several separate enterprises (the ship owner, the ship manager, the shipper, the carrier, the recipient, insurance companies, bankers, etc.) coming from diverse countries with judicial systems which differ from one another, a number of complex legal issues must be resolved: the conditions of admissibility of the action, the jurisdiction of court, applicable law, etc.Among the particularities, we observe that France ratified the Brussels Convention and the modifying Protocols of 1968 and 1979, whereas China did not ratify any of these documents. In international law, France applies the monist system, according to which the ratified International Conventions are immediately applied in internal law, although according to dualism, the Conventions do not acquire legal force until after having been transposed into internal law. China applies neither the monist system nor the dualist system, while granting to the International Convention a superior authority over internal law, though only under certain conditions.With modern means of production and communication, the planet has become a global village whose members continually exchange goods and services. This development has led to significant growth in international commerce in general, and to significant growth in the transport of merchandise by sea in particular; hence the importance of this study
Kozubovskaya-Pellé, Anastasiya. "De la qualité juridique de transporteur maritime de marchandises : notion et identification." Nantes, 2008. http://www.theses.fr/2008NANT4016.
Full textThe carrier of goods by sea is commonly held to be the one who contracts in this capacity (called “contractual carrier"), but it may also be the one who actually execute the carriage (“actuel carrier") since, even when he is sued in tort, the legal regime of carriage of goods by sea is applied to him by the force of the law (he is then a sort of "legal" carrier). Incidentally, CATALA civil French law reform is currently proposing to open the contract action to ail parties to a group of contracts. The carrier may then be a shipowner or even sometimes a ship itself (when sued in rem), and this happens particulary then the contractual carrier is not duly identified in the bill of lading. The UNCITRAL Convention 2008 on the international carriage of goods has recently reiterated this principle putting a shipowner in the position of a presumed carrier. While the concept of contractual carrier is predominant in French law, in English law, the maritime carrier is still first of ail as a shipowner. The action in rem and saisie conservatoire (used to enforce a maritime lien (or privilege) for cargo damage) are the powerful means of pressure at cargo owner disposal. The French courts are known to be more favorable (while this tendency currently goes down) than the English ones to the demands of the claimants willing to pierce the corporate veil and to prove that the prosperous mother company of the group is the true shipowner rather than its single ship affiliate (especially in case of single ship companies). The fictivity theory commonly used in France is not welcomed by the English courts applying instead some other available legal tools
Malassigné, Vincent. "Les titres représentatifs : essai sur la représentation juridique des biens par des titres en droit privé." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020062.
Full textIt is common to assert that a document represents property: a bill of exchange is said to represent a receivable, a bill of lading to represent goods, a book-entry account to represent a security or a depositary receipt to represent shares, etc. These are therefore “documents of title”. However, what does this mean? Is it a genuine mechanism to represent property by documents in private law or is it a misnomer? First, a study of such documents will establish the existence of legal representation of property by certificates in private law, equivalent to the representation of persons. However, it would seem not to bea unitary mechanism and a distinction must therefore be made between two techniques of legal representation of property by documents: the direct representation of property by a document and the indirect representation of a set of properties assembled in a fiduciary trust by certificates. Next, an analysis of implementation of the legal representation of property by certificates in private law, conducted to test the relevance of the theory, shows that it is not always possible to create any type of such documents freely for any kind of property. Such freedom applies only to documents that are directly representative of certain property. A study of the implementation of this mechanism also emphasizes that the creation of a document of title leads to difficulties that may be overcome by enacting some rules
Porras, Saldana Rebeca. "La notion de contrat de transport maritime : étude de droit comparé en droit panaméen, droit français et droit anglais." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D072.
Full textIn the contract of international maritime transport of goods, the bill of lading is the key contractual document and the difference with the charter contract is the charter-party, in the relations between the charterer and the charterer. The bill of lading issued in execution of a charter agreement governs the relationship between the shipper and the carrier, on the one hand, and between the carrier and the consignee, on the other hand, and transmitted to a bona fide third party carrier. Interpret the different areas of application of the systems of the International Conventions, in particular the last existing Convention in form international standard: the UNCITRAL Convention of the United Nations (the Rotterdam Rules of 2008), as well as the others known: the Brussels Convention of 1924, the Hague / Visby Rules (The Brussels Protocol, 1968 and the Monetary Protocol (RHV)), Hamburg Rules (RHAM) 1978 United Nations Convention on the Rights of Education (Panamanian, French and English) and the principles present in the legal systems that are part of our analysis; aspects relating to the concept, nature and functions of the bill of lading in of the charter party and other contracts of international maritime law, the purpose of which is of a value title. First, the genesis and evolution of the contract for the international maritime transport of goods under bill of lading will be analyzed. The uniformity of the international legal instruments and the different areas of application of the Hague Rules, The Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules on the Uniform Bill of Lading Law. Obligations subject to international conventions. Second, the development will be on the charter contract. The charter-party and their different modalities in the carriage of goods by sea established in French law, Panamanian law and English law
Watat, Hervé. "Le contrat de transport maritime de marchandises à l'épreuve du droit commun des contrats." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D064.
Full textThe relations between ordinary law and maritime law notably special transport laws are complex, but full of teaching. At the heart of this dialectic is found the contract of maritime transport of merchandise, which is executed in a milieu that is not natural to man: the sea. While others claim its autonomy and stress with force that its speciality forbids its inclusion in ordinary law, others on the contrary, affirm that it cannot succeed without the latter, from which it draws all its essence. Particularity, autonomy, submission, are expressions currently used to characterise this relation, though at the end, we don‘t know if the transport contract is dominated by the general theory of the law of contract or is detached from it. This study helps to give a clear response to this worry. The confrontation of two sets of rules reveals a strong domination of the general theory of contract on the contract of maritime transport of goods. As a contract, the latter witnesses a natural influence of ordinary law. In effect, through its subsidiary vocation recently reaffirmed by the new article 1105 of the civil Code, ordinary law always fills the gaps left by the transport contract and instills a certain coherence in the latter. However, its domination on transport contract is not total. In fact, on certain aspects, the latter goes out of the sphere of ordinary law to instill in it some originality, better still, its particularity. This is manifested on the one hand, through some resistance of ordinary law by the contract of maritime transport. Or, the unsuited nature of ordinary law to certain situations created by the practice of maritime transport. The notion of consent or the diminished conception of the relative effects of contract for example, does not allow for the taking into consideration of all the richness and the singularity of the contract of maritime transport. The situation of the consignee entirely disfigures the classical conceptions of the law of contract. On the other hand, this particularity is revealed by rules and mechanisms specific to the contract of transport, notably at the level of the regime of liability of the transporter. Comparable to a veritable status, this quasi-exclusive regime exerts a strong attraction to all actions initiated against the carrier, whether they are contractual or tortuous. To sum up, the contract of transport is neither entirely subject to the ordinary law nor autonomous. It swings between the two
Papadatou, Marina. "La convention d’arbitrage dans le contrat de transport maritime de marchandises : étude comparée des droits français, hellénique et anglais." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020008/document.
Full textThis study is primarily focused on the enforceability of arbitration agreements incorporated in contracts of carriage of goods by sea. First, we will cover the important issue of determining the law applicable to these arbitration agreements. Special attention will be given to how courts tend to implement general international arbitration principles to maritime disputes. An arbitration agreement incorporated in acontract of carriage of goods by sea should also be analyzed in light of the specificities of maritime transport law and applicable international shipping conventions. Moreover, the comparative methodology used herein will show that the enforceability of arbitration agreements is closely related to the qualification of the operators involved in the contract. In particular, among the commercial players involved in the carriage of the goods, we sought to examine the legal position of the consignee of the goods. Indeed, since the consignee is absent at the moment of the contract formation, the binding effect there upon of the arbitration agreement, which is generally incorporated “by reference” to the bill of lading, is highly debated by scholars and judges
Saou, Boukhari Rym. "Le contrat de transport maritime de marchandise sous connaissement contentieux France-Algérie." Thesis, 2017. http://www.theses.fr/2017PA01D014.
Full textIn the last decades, the International maritime transport has been developed on a large scale. Several international agreements have been concluded in purpose of an unification of the rules governing maritime transport agreements, resulting in a complexity which sometimes raises doubts. However, as in the international private law, the international maritime law is, according to the legislation applied to it, interpreted differently according to country. This difference of interpretation is corning from significant disparities in the decisions of the different countries, particularly about the inserted clauses in the bill of lading. Furthermore, the containerization has Advantages in terms of safety and speed of loading and unloading, it presents difficulties regarding the false declarations and the settlement of demurrage, that they are facing, a lack of resources remains between the Algerian and French ports. All these problems, affects mostly the shipping carrier or the consignee of the goods and which are not fully covered by the current agreements in force. These texts were aimed standardization of the international regime of maritime transport of lading contract, are still not achieving the desired harmonization. This thesis aims to criticize in a constructive perspective of the international legal regime of the maritime transport contract of goods under bill of lading and litigation that creates especially regarding transport to and from Algeria
Adil, Hind. "La responsabilité du transporteur maritime international de marchandises sous connaissement : causes d'exonération et limitation légales." Thèse, 2005. http://hdl.handle.net/1866/2388.
Full textAdil, Hind. "Le régime juridique international de la responsabilité du transporteur maritime de marchandises sous connaissement : un échec?" Thèse, 2009. http://hdl.handle.net/1866/4790.
Full textLawyers, academics and practitioners who are involved in law of carriage of goods by sea are used to working with a complex regime of carrier’s liability. The coexistence of multiple international conventions governing the regime of liability of the maritime carrier and their different and inconsistent legislative styles, have become the main reason for lack of uniformity in the field of the carriage of goods by sea. The Brussels Convention for the Unification of Certain Rules Relating to Bill of Lading signed in August 25, 1924 and its Protocols amending 1968 and 1979 are based on presumption liability regime with a list of "excepted cases". A second Convention known as the Hamburg Rules of 1978 established a regime based on the presumption of fault of the carrier with two exceptions: fire and assistance or salvage. Finally, in 2009 the United Nations adopted the Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea based on a ''special'' regime. This study of the three conventions attempts to analyze their legal mechanisms and the sources of their dysfunction. By analyzing the positive texts, jurisprudence, opinions and thoughts of scholars on this matter, we found that the different legal approaches adopted under these various laws do not ensure predictability and legal certainty sought out by maritime actors and courts. To overcome this complex reality, this thesis proposes an approach that will simplify the applicability of the rules of carrier’s liability, which is the objective approach.
Gomes, Saulo M. "Les causes de déchéance du droit à limitation de responsabilité du transporteur maritime international de marchandises sous connaissement." Thèse, 2012. http://hdl.handle.net/1866/9785.
Full textThis study examines the institutions capable to deprive the sea carriers from the benefit of limitation of liability. In general, the package limitation provisions settled by international maritime conventions reject the full compensation of damages caused by the shipowning companies. However, this rule can be mitigated. Some specific conducts can bar the carrier from the benefit of limitation of liability. The conventions on international transport of goods (the Hague Rules, the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules) have set out differently the conditions required to deprive the carrier of the right to limit responsibility. Concurrently, national courts, through the use of specific concepts, have modified the scope of the right of such limitation. In sum, the conducts barring limitation of liability will vary according to the International Convention applied and according to the relevant competent court. This, ultimately, undermines the rational organization of the maritime liability system and adversely affects the objective of uniformity in this matter.