Dissertations / Theses on the topic 'Consommateurs – Thaïlande – Études comparatives'
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Wittayatamatat, Siranat. "Les autorités de la concurrence et de la consommation : étude comparative entre le droit français et le droit thaïlandais." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10008/document.
Full textIn the ideology of economic liberalism, the government assumes the role as regulator to ensure compliance with market rules and regulation. Indeed, these rules and regulations control two sets of relation. One applied between economic entities is competition rules justified by the equal opportunity principle. Other applied between business operator and consumer is consumer protection regulations justified by the subordinate position of the consumer towards the operator in commercial practices. Although, these two fields of law don’t have the same scope of application, they pursue a common objective to encourage a fair access to products and services in terms of price and quality. This objective cannot be archived without installation of competent authorities. At this point, difference in nature of these authorities between two areas of law shall be analyzed by an institutional approach. In addition, a comparative approach will be used to compare the competition and consumer protection authorities system in France and the system in Thailand in the context of European Union and ASEAN Economic Community
Techa-Apikun, Aimpaga. "La protection juridique du consommateur acquéreur de bien : étude comparative (Thaïlande, Malaisie, Singapour, Union européenne)." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1082.
Full textProtecting the rights of consumers is a key issue to achieve the balance between all stakeholders benefiting from expanding market without borders. Currently, cooperation on the issue among the ASEAN member countries has been established; however, a further and analytical study on the topic is needed. A comparative reflection on states' internal mechanism of the protection of interests of consumers who possess goods will provide an insightful knowledge of current situation both in terms of legal instruments and facts. These are important factors for the development of consumer protection.This study is to analyse the internal legal systems applicable to the three selected countries which are Malaysia , Singapore and Thailand , aiming at protecting consumers' economic interests against the problem of non -conformity of goods to legitimate expectation. Although the three selected countries differ from each other in terms of the form of government and legal system, they share one thing in common; integrating the concept of protecting the interests of consumers in their law for over ten years. Our comparative reflections on the three countries' mechanisms, the regional mechanisms and the EU mechanisms exhibit similarity and disparity of law between the three countries and thus propose a solution to reduce these differences
Boonplook, Duangthip. "L’action civile des associations de défense d’intérêts collectifs : étude comparée en droit français et thaïlandais." Strasbourg, 2009. http://www.theses.fr/2009STRA4002.
Full textIn France, an association can entertain, as a rule, a civil action towards defending collective interests if that is authorized by a legislative text. Nevertheless, a part of French law admits that in the absence of legislative text, that an association can entertain such a civil suit for the defense of collective interests which come within its business purpose in two hypotheses: on the one hand, it is authorized to act for the defense of the collective interests of its members, otherwise named « the defense of the collective interest to egoistic purposes »; , and on the other hand, it is authorized to act for the defense of some general causes, named otherwise « the defense of the collective interests for altruistic purposes ». In relation to criminal proceedings, an association can participate in such proceedings in view to obtaining the condemnation of culprit defendant, and an indemnity arising from the condemnation. However, punitive damages are not applied by the French criminal courts in relation to associations. In Thailand, only consumers’ associations are authorized to act by virtue of article 40 of the Law of Consumer Protection of 1979. Such an association can entertain civil actions for the defense of collective interests before all courts. There is no principle of punitive damages in Thailand because the legislator considers that only a civil judge can award such damages. However, consumers’ associations are not the only organ that are authorized to act in law as agents in the field of consumer protection can likewise act by virtue of article 39 of the Law of Consumer Protection of 1979. In France, an association can seek punitive damages where it acts for the defense of collective interest of its members. In that case, she is to obtain beforehand a mandate given by each of its members. Further to the considerable development Group Action in the United State and Quebec, a workgroup was set up in 2005 on Jacques Chirac’s presidency, to elaborate a bill in favour of consumers. Because of lacunas and incoherence, the bill was not promulgated as law, but was removed from the order of the day of the Council of Ministers in February 2007. In Thailand, a Group Action bill was presented by the Council of the State. This bill is totally influenced by the Group Action model of the United State. It covers a vast field of application as it applies not only to torts, but also to disputes relative to environmental and consumers’ protection. This leaves however, a lot of questions without answers (as for example: the question relating to Funding Assistance). This project did not succeed. But we consider this project as a first proof of the considerable development of the Thai civil procedure
Wannapanit, Boonanan. "Étude comparative de la procédure administrative non contentieuse en France et en Thaïlande." Toulouse 1, 2000. http://www.theses.fr/2000TOU10017.
Full textKaewla-Iad, Supreeya. "La réforme du budget de l'État : étude comparative en droit budgétaire français et thaïlandais." Toulouse 1, 2010. http://www.theses.fr/2010TOU10036.
Full textThe State's activities cannot be performed without financial supports. Public finance is an important component in all institutions in every country. In France, organic law of 1st August 2001 related to annual budget acts (LOLF), modified deeply the provisions of Ordinance of 2nd January 1959 which was the fundamental financial public law. The implementation of budgeting reform results in first, a budgeting model change from the traditional expenditure-oriented budget to performance approach which was inspired by private sector's philosophy, and second, the reinforcement of the Parliament's role on budget matters. The budget reform in Thailand is actually in a continuing process. Many modifications have been proposed but have not been concluded. If the necessity of budget reform cannot be explained by one reason of ancient laws, this reason is still a major element of budget reform. Due to the facts that budgeting regulations are not responded to current social and economic issues, the government applies highly measures with no legal base. The issue of budgeting reform is equally imperative in contemporary society in France and Thailand. Our research conducts a comparative study of budget reform in France and Thailand. The study of budget reform in both countries relies on legal and economic bases which apply to systematically analyze the LOLF in France and the draft acts of 2005 regarding budget reform in Thailand. Our analysis states limitations of the budget reform and excepted solutions in order to set foundation of the optimal and complete budget system in both countries
Meilhac-Redon, Gaëlle. "Les clauses abusives à l'épreuve de l'harmonisation : étude comparative des droits français, allemand et anglais." Lyon 3, 2001. http://www.theses.fr/2001LYO33041.
Full textChendeb, Rabih. "La formation du contrat de consommation, étude de droit comparé." Paris 2, 2007. http://www.theses.fr/2007PA020005.
Full textIonescu, Raluca Maria. "La protection des consommateurs de services financiers en droits français, européen et roumain." Paris 1, 2012. http://www.theses.fr/2012PA010289.
Full textLardeux, Gwendoline. "Les clauses standardisées en droit français et en droit allemand." Paris 2, 1999. http://www.theses.fr/1999PA020031.
Full textBonnin, Coralie Angélique. "L' intégration de la consommation durable en droit français et canandien." Nice, 2009. http://www.theses.fr/2009NICE0027.
Full textSince the 1960s and 70s the environmental situation is alarming, mainly due to the demands being placed upon it to meet the requirements of a consumer society. However, it was not until the World Earth Summit in Rio de Janeiro in 1992, that key countries got concerned by the need to change the patterns of their consumer societies in order to protect the ecosystems. Since then, the concept of sustainable consumption, albeit still a vague and poorly defined concept, has started to develop. In both Quebec and France, consumer law becomes more and more integrated in environmental awareness and is beginning to encourage consumers to behave as “consumer citizens” and “consumer responsibles”. To reach this objective public authorities adopt array of different measures. For instance, the use of environmental taxes to encourage consumers to rationalise their use of natural resources is developing but remains limited. Education and participation in decision-making processes are essential ways to ensure that consumers have access to key information which will encourage them to give preference to environmentally friendly and socially responsible products (for example, organic products and goods made by fair trade companies). Consumer choices however, remain strongly influenced by market behaviours (for example: private standards); therefore it is essential that public authorities intervene and control the implementation of the concept of sustainable consumption
Qazi-Klingele, Khadigea. "La place du droit de la consommation dans les codifications, étude en droit comparé." Montpellier 1, 2009. http://www.theses.fr/2009MON10006.
Full textCodification covers two different concepts. Codifying is to say carrying out a code. It is as well the result of this action, that is to say the law code. Codification obeys the necessity of rationalization, accessibility, exhaustiveness and the totality of law sector. Nevertheless, a perfect codification just like a perfect law is a myth that does not exist. The codification of the consumption law, as far as it concerns the comparative law, demonstrates at two kinds of codification exist. First, the codifier can choose to codify the lawmatter by creating an separate Consumption Code, that is to say an anthology of laws only destined for consumerist rules. Yet, the choice of this codificationmethod is unconventional because of the small number of independent laws codes (Bresilian, French, Romanian or Italian law). Some legal system bills are currently about to be considered (Law of Quebec, Portuguese or Luxemburg). Secondly, the legislator cannot codify the consumption law into a separated code. This modern way of codifying consists of either inserting the Consumption Law in the Civil Code (or Obligation Code), just like in German and Dutch legislation, or in a specific law which has a national (Belgian or Austrian legislation) or a European Community origin
Srisanit, Pokpong. "La place de la victime en procédure pénale française et thaïlandaise." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32018.
Full textA real place has been granted to the victim. This place is only reserved to those who are qualified for victims of crime. They have an option to file a lawsuit between the civil case and the criminal case. In the criminal process, the victim's necessity is relieved by the demonstration of their objectives: the repairing objective has been enhanced by the state-indemnity system while the repressive objective has also been recognized in character of revenge as much as in character of forgiveness. According to the recognition of the victim's place, the relation between the victim and the others parties in the criminal process is also enlightened. Finally, in order to assure the exercise of the victim's rights, the protective measures should be offered to the victim in a sufficient manner
Rattanakaset, Patrawan. "La gouvernance d'entreprise en Thaïlande, en France et en Chine." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1013.
Full textThe principe of corporate governance of the OECD define recommendations for the organization and transparency of companies to obtain the best balance between the surveillance, the effective of leadership and the participation of stakeholder. Today, this principe is a guideline essential to gain the confidence of investors and its the minimum standard of corporate governance. However, the effectiveness of this principle depend on the politics, the economy and the legislation. And the varies according in Thailand, in France and in China. The study of these differences will lead then to create knowledge that may enable the adaptation of a new business management for better sustainable economy development in each country
Ngobo, Paul. "Les standards de comparaison dans les modèles de la satisfaction des consommateurs : structure, dynamique et conséquences." Montpellier 2, 1997. http://www.theses.fr/1997MON20202.
Full textDumollard, Benoît. "Les effets de l'intégration des directives consuméristes sur certains aspects du droit des contrats français et allemand." Lyon 3, 2001. http://www.theses.fr/2001LYO33015.
Full textPoillot, Élise. "Droit européen de la consommation et uniformisation du droit des contrats." Reims, 2004. http://www.theses.fr/2004REIMD004.
Full textThe relations between Consumer Law and Contract Law have already been scrutinised in France. This statement does not apply to the relations between European Consumer Law and the Law of Contract. This certainly results from the fact that the implementation of the European directives relating to consumer protection should not concern Contract Law but Consumer Law. Now that the realisation of a European Contract Law is ever more discussed, the links between European Consumer Law and the Law of Contract have to be studied. They will demonstrate that the influence on Contract Law of the European directives relating to consumer protection allowed European Law to enter Contract Law. This has led to the emergence of a uniform Contract Law at a national level but this could also occur at a European level, as showed by the study of the various projects concerning a European Contract Law. This is what this dissertation aims to demonstrate. In order to make the demonstration more accurate, we have chosen not only to refer to EC and French Law, but also to pay attention to English, German and Italian Laws in a comparative and selective way
Phitkhae, Niramai. "L’accès aux soins : comparaison des systèmes français et thaïlandais." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10066/document.
Full textThe right to access to health care is considered, on the one hand, as a fundamental right of people, both international and national level. This right has a constitutional value in both France and Thailand, in the Preamble of the French Constitution and in many different articles of Thai Constitution. On the other hand, the right to access to health care is seen as a public service that calls the state to step in and take charge. The establishment of a French system to ensure the right to access to health care is primarily attached to the system of social security. The latter is a huge health insurance system that covers much of the French population, including active people, while in Thailand; access to care is implemented by three main categories: social security, health insurance for civil servants and other public officials, and universal health coverage, also known as the National Health Insurance. With these three categories, the government can now provide up to 92.5% of people, allowing them access to health care. The question of the implementation of a health insurance system represents a major challenge for access to care of the population both in France and Thailand. Our research will conduct a comparative study in health law and social protection law, of France and Thailand, which is based on legal, health and social base used to systematically analyze the health system and the health insurance system in France and Thailand. This comparative study will, we hope, help to improve the health insurance system in Thailand
Hotait, Mazen. "Protection du consommateur dans les contrats conclus sur Internet." Paris 2, 2008. http://www.theses.fr/2008PA020038.
Full textSriphiromya, Sukontha. "L'exécution des décisions des juridictions administratives : étude comparative en droit français et en droit thaïlandais." Toulouse 1, 2005. http://www.theses.fr/2005TOU10026.
Full textThe idea of democracy is an idea developed and spread in all the modern States. This is the why for the principle of rule of law is emerged. One of ideas that to support the execution of the administrative court's decisions in order to protect the dignity of a state. The execution of the administrative court's decisions implies a legal control a posteriori. The principle is that the court decision is taken on authority of the final decision ; consequently it must be carried out. The rules of administrative procedure in Thailand are varied and do not allow really the execution in these decisions. The modifications of legal system thai have been made to the French admnistrative law in order to solve the problem of the execution of the administrative court's decisions. In 1999, the law creating the administrative procedure and administrative jurisdiction was promulgated. So that, on the presentation of this study, the problem is the execution of the administrative court's decisions has a gap in this law concerning an article 72. In reality, an article 72 makes difficult the execution of court decisions because there is not any measure to carry out and the idea to use the civil procedure is not separate
Mankabadi, Dina El. "La protection du consommateur et l'instauration de la confiance dans le commerce électronique : (Etude comparée France-Egypte)." Montpellier 1, 2009. http://www.theses.fr/2009MON10008.
Full textSatawornseelporn, Jait. "Recherche sur l'impartialité administrative en droit thaïlandais et français." Toulouse 1, 2005. http://www.theses.fr/2005TOU10009.
Full textThe behavior partial human being exists for a long time in the world. In the past, the man with the service of the king who has a partial behavior, to the king, is dishonest person and fact of the wrong to the good administration of the kingdom. Today, in the democratic era, if the administrative agent acts in a partial way, it is detrimental either for the administration of the State, or for the people. The Administrative Partiality can have individual repercussions and social considerable. It is ordered consequently and promptly to return to his impartial demeanor. By analyzing a French and Thai Semantics, the etymology question of the terms of the concept of administrative impartiality can to be solved. The partial and impartial attitude exists in all society. The experiment Franco-Thai is chosen by this assumption to know design of the Administrative Impartiality. It is necessary to remember by relevant in Thai Legal Research that the Thai Law evolved within two times: the Ancient Siamese Law and the Modern Law that is influenced by Anglo and Franco-German legal ideas. This study cannot ignore this influence. Analysis of the basis of impartiality of the administration, and of evolution of the concept of administrative impartiality requires for better locating the measurement of prevention, in particular the challenge, and of sanction. That is to approve the relations between the requirement of administrative impartiality and abuse of powers, the connection between the partial agent and the disciplinary and criminal sanction, and the possibility of the really prevention administrative impartiality according to the Buddhist doctrines
Akkaraphimarn, Bubpa. "La concession de service public : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2001. http://www.theses.fr/2001TOU10046.
Full textWhen it is a question of managing the public service, the law relating to the concession process is linked to the law of the public service. It is the pursuit of the public interest which justifies the submission of the administration to these regulations of a private law nature. These regulations are made up of, at the same time, the prerogative of the administration, and restrictions more rigourous than those which concern private entreprise and are, in France as in Thailand, dominated by new requirements (transparency and international regulations). These new factors have equally influenced the contentions aspects of the concession process. The principle of separation between administrative and judicial autorities remains complex. The administrative juridiction is gaining territory in two countries. However the commercial considerations play a more important role in Thai͏̈lande than in France and arbitration, illegal in France, is permitted in Thailand
Brunengo-Basso, Stéphanie. "L'émergence de l'action de groupe, processus de fertilisation croisée." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32067.
Full textA class action suit is a lawsuit that is filed by an individual or entity on behalf of a group of people, without having to first obtain their explicit consent or authorisation. The concept comes from the United States legal system. It offers the advantage of awarding damages for multiple individual losses resulting from the wrongful actions of a single party or group of parties. This procedural model has been gradually introduced into civil law systems in Europe. Portugal, Sweden and Spain have already established their own version of the class action suit. The European Commission is conducting a study with a view to introducing this type of action for antitrust suits filed on behalf of consumers and competitors who are victims of anticompetitive practices. The objective is to improve the efficacy of antitrust laws by ensuring compensation for losses incurred due to illegal practices. The rise in the number of private suits filed for anticompetitive practices, a concept referred to as "private enforcement," should encourage greater compliance with antitrust laws. In France, many reports and bills of law have been produced in the past few years that aim to establish the class action concept in French substantive law. However, the version under consideration for the French legal system would be limited to small claims consumer law. This stance is disappointing, considering the clear need in all areas of the law to award mass damages, such as in antitrust law and consumer law, as well as in securities law and environmental law. Extending the concept of the class action suit to these areas of litigation would unquestionably provide greater access to the courts for all citizens. However, when introducing the concept to the French legal system, certain aspects must be taken into consideration to ensure that it will be effective. For example, the necessary issue of adapting substantive law on civil liability must be addressed. The practical implementation of the class action suit must be facilitated, particularly with respect to proof of fault and proof of losses suffered. Moreover, the collective nature of the losses raises the issue of the punitive purpose of civil liability, and thus the consecration of punitive damages. In addition, a class action requires the mobilisation of significant legal resources and thorough court oversight in all phases of the proceedings. Its success will therefore depend largely on the ability of legal professionals to accept and pursue this new type of litigation effectively
Ben, Ayed Sahli Salma. "La responsabilité du fait des produits défectueux : étude comparative de droit algérien, marocain et tunisien." Rennes 1, 2011. http://www.theses.fr/2011REN1G024.
Full textThe issue of the protection of consumers in the North African space suggests essentially the research of the nature of the product liability. A consumer, injured by a defective product, will be offered an embryonic protection if he acts according to the principles of the civil liability in common law. Tort law or breach of warranties offers many possibilities in case of injuries because of a defective product; but this set of rules makes it difficult for an injured consumer to gain damages. These legal rules are complicated and unsuited to the real situation of consumers in a consumer society in expansion. The proposal of the construction of a specific product liability comes from the idea of the necessity of spreading out a new consumerism culture which must conform to the economic and social reality in North African countries. The study of the consumer protection law in these countries proved that this law was ineffective. The reason for this is related to the absence of a specific claim in favor of the automatic compensation of injured consumers. As a matter of fact, the provisions of consumer protection laws cannot be to consumer’s advantage if there is no implementation of the strict product liability. The adoption of a special consumer law must be the result of a clear consumer policy which can integrate new concepts in the judiciary practice. The ultimate purpose of this policy is to facilitate the access to justice for consumers, so they can go to court against any participant in the distribution chain of products
Leclerc, Mélanie. "Les class actions, du droit américain au droit européen : Propos illustrés par le droit de la concurrence." Paris 9, 2011. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2011PA090073.
Full textSince the 19th century, mass torts have increased. After personal injuries caused by the mechanization of human activities, economic damages have been developed following the rise of consumerism, products standardization and globalization of trade relations. These changes have been accompanied by increased requirement of citizens for whom the compensation for damages became a right. European governments have then thought about a mechanism to ensure the effectiveness of this right because of difficulties of access to the courts in this type of litigation and were inspired by the American class action procedure. The debate on the introduction of this type of procedures in European Civil Law countries is complex because it involves several levels of reasoning. From a technical point of view, the conditions of authorization and of exercise of this procedure, based on the Common Law, must be compatible with the fundamental principles that govern civil procedure and tort law in civil law countries. On a more political point of view, it is necessary to define the goals of this collective action and its scope in order to best meet the needs of litigants in the European Union. It is also necessary to determine to what extent a national tool would be more appropriate than an EU tool to meet such needs. The subject deals ultimately with the Judiciary of the future
Guillemard, Sylvette. "Le droit international privé face au contrat de vente cyberspatial." Paris 2, Laval(Québec), 2002. http://www.theses.fr/2002PA020111.
Full textBalsiger, Philip. "Campaigning for Clean Clothes : the origins and strategic interactions of a social movement campaign targeting retailers in Switzerland and France." Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0006.
Full textThis thesis compares the origins, dynamics, and consequences of campaigns targeting clothing retailers in Switzerland and France during the 1990s and 2000s. These campaigns demand the adoption of codes of conduct on the respect of social criteria in the production of textiles. The research analyses thus the inscription of the issue of production conditions on the market for clothes and the different structuration the markets take depending on interaction dynamics of the campaigns. To do so, a multi-institutional and interactionist approach is developed. The first part discusses the political consumerist perspective and elaborates a social movement approach to the study of the transformation of markets and consumption. The second part compares the origins of the campaigns, highlighting that they are based on different tactical innovations : the emergence of consumer campaigns in Switzerland, and the rise of « public campaigning » in the sector of international solidarity in France. The third part analyses the dynamics and consequences of the campaigns. First, the analysis develops the concept of campaign setups and shows that the campaigns use similar setups in both countries. Then, the study stresses the role of strategic interactions – in particular, the different counter-strategies of targeted firms – and of internal disputes to understand the dynamics and effects of the campaigns. Finally, the study assesses the importance of national shaping for such transnationally coordinated campaigns
Sermsilatham, Pramote. "Le rôle du juge pénal : étude comparative en France et Thaïlande." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1048.
Full textIn France, similar to Thailand, the judge appears as a key role in a criminal trial. Traditionally, the French criminal procedure was described as an inquisitorial system where the judge plays an active role whereas the Thai criminal procedure was depicted as an adversarial system where the judge plays a passive role. Presently, the concepts of the criminal proceedings in these two systems have seemingly mingled. However, the somewhat mixed system is still far from presenting a uniformity in criminal proceedings between the two countries due to the difference between inquisitorial and adversarial system which characterizes it. Indeed, the role of the judge in France is distinct from that in Thailand, thus, induced to the interest and the challenge of the comparison.The first part of this thesis is to study the comparative framework of the judiciary. This study firstly relates to the organizations of criminal courts and composition of the courts. We then study the rules on recruitment procedures and the status of judges in the two systems. The second part is devoted to the comparative study on the role of the judge in the criminal proceedings. This comparison focuses on the judge's role in stages both before and after trial. Throughout this research, we will also study a number of law reforms regarding the judiciary structures of both countries.This comparative study of French and Thai systems on the role of criminal court judge leads to an exchange of experiences between the two different legal systems
Wiboonsamai, Sakwut. "La justice restaurative : étude comparée du droit thaïlandais et du droit français." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32047.
Full textThe emergence of restorative justice is the result of inefficiency of the classic criminal justice process. The concept of restorative justice offers innovative approach to crime and conflict. It appears to be a promising way to consolidate social harmony by supporting all the people involved (victims, offenders and community members). Restorative justice gives them opportunities to participate and communicate; and encourages a process of repair in order to mend the broken society bonds caused by offense. The aim of this thesis is to know about and understand terms and measures encountered during restorative justice programme in Thailand and in France. To do this, we need to answer two questions: what are the general and legal frameworks of restorative justice? and what are the existing measures implemented on the restorative justice? The answers of these questions should give us a better understanding of the restorative justice of both countries
Dang, Minh Tuan. "Contribution à l'importation de la justice constitutionnelle au Vietnam à la lumière des expériences de la Thaïlande et de la Corée du Sud." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40032.
Full textContrary to other Asian countries in which constitutional courts are responsible for reviewing constitutionality, Vietnam has entrusted this task to its National Assembly. The search for a new judicial review system capable of enforcing the Vietnamese Constitution is being considered in the light of experiences stemming from the adaptation of judicial review in Thailand and South Korea. These are as much factors for the failure as for the success of the adaptation of judicial review in those countries which show themselves useful for thinking over the possibility of transposing constitutional review to Vietnam: the influence of a foreign legal system, cultural factors, political contexts of those countries which have adopted constitutional review and the nature of the system adopted. As in Thailand and South Korea, Constitutionalism is a recent phenomenon in Vietnam. Thanks to constitutional transition, efforts have been made to implement significant economic and political reforms allowing the emergence of the idea of the rule of law. Vietnam has begun to recognize the importance of judicial review as the essence of modern Constitutionalism. The establishment of judicial review faces obstacles, but some prospects are also opening up there now
Taylor, Simon. "L'harmonisation communautaire de la responsabilité du fait des produits défectueux : une étude comparative du droit anglais et du droit français." Paris 1, 1998. http://www.theses.fr/1998PA010306.
Full textOur comparative study of product liability in french and english law takes as its starting point the ec directive 85/374/CEE of 25 july 1985 on the approximation of the laws, regulations and administrative provisions of the member states concerning liability for defective products. ; in a preliminary chapter, we analyse the foundations of the community reform and define the numerous opportunities for divergence in national laws left by the directive. Our study is then divided into two parts. In the first part, we compare the english and french rules on product liability. We analyse the significance of the differences identified in terms of compensating the victim and the liability of the defendant. In addition, we draw conclusions on the efficacy of the european reform in terms of the harmonisation of national laws. The second part of our study is devoted to a critical analysis of the logic of the english and french systems in the light of the European reforms. Firstly we conduct a critique of the efficiency of the two systems in terms of compensation of the victim and prevention of damage. We also analyse the compatibility with community objectives of certain elements of the french rules. However, the major part of our analysis will relate to the illogical difference which exists in both english and french law in the treatment of third pary victims compared to buyers. We note the contrasting approaches of the two laws on this question. We then analyse the respective merits of the two approaches, and propose solutions. We conclude our study by calling into question the whole system of civil liability and envisage the possibility of a broader based reform
Obbed, Khair Al Deen Kadhim. "Les effets de l'Internet sur les règles de conflit de compétence internationale : comparaison entre les droits irakien, français et américain." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0100/document.
Full textIraqi law defines the contract as the union of an offer made by the contracting party with the acceptance of another party and that in order to establish the effects in the contract. The place of the sales contract under Iraqi law is important. When the parties come from different legal orders, their relations are governed by the private international law which determines the court will decide. This thesis research aims to test the ability to apply the international rules of conflict of jurisdiction under Iraqi law on the virtual contract, which is paperless. We shall see, this is not to mean however that the contract is not real, as clearly specifies Iraqi law. It remains attached to the territory. In contrast, the Iraqi law does not recognize its immaterial that meanwhile ignores borders and notions of territoriality. This reality in the texts and practices therefore makes transactions that occur on the Internet are not taken into account by the rules of international jurisdiction conflicts. That is why, we wanted to check and understand the capacity and effectiveness of international jurisdiction conflict rules in the context of Internet disputes. So we will try to find the most appropriate rules, consistent with the nature of the virtual contract, namely its immateriality. This search will reveal developments in litigation of the Internet. Thus, it takes two directions: first at the national legislation, such as French and US law. Second, at the stage of international conventions such as the United Nations Conventions 2005, Hague Convention, the Brussels Convention 1968 and the 2000 and 2012 regulations
Sriwannapruek, Paleerat. "Les Principes généraux du droit administratif français et thaïlandais." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2010. http://tel.archives-ouvertes.fr/tel-00719580.
Full textKobkijcharoen, Porntip. "Le statut des magistrats professionnels : l’indépendance du juge judiciaire et ses garanties : étude de droit comparé franco-thaïlandais." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020057.
Full textThe historical, political, and cultural factors of each country, which we will describe in an introduction, give a different interpretation of judicial independence concept in Thailand and France. The requirement of judicial independence attached to the profession of judge is along with French tradition of fear regarding to return of the "government of judges", corporatism, and the power of judges. If independence of judiciary is well established in France, it would be the "supervised independence". This does not mean that it is less independent than independence without supervision. In Thailand, justice, in general, has not been suspicious by the other powers, but it has been abandoned. The Constitution of Thailand, without obstacle, because of the rigid and strict separation of powers, made Justice which has just been reformed in 1997 since the Ancien Regime, to become a real powerful judiciary, separated and isolated from Government and maybe from society. However, this does not mean that a true independence of judge is established. The arbitrariness of the executive power, which is the justification of protection, can be replaced by the arbitrariness of judge itself. The legal status of judges in both countries which we treat in both parts of this thesis will reflect this diversity
Alleme, Apo. "La protection du consommateur à l'épreuve des technologies de l'information et de la communication : étude du droit ivoirien à la lumière du droit français." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0016/document.
Full textInformation and communication technologies (ICTs), which encompass all the tools and techniques resulting from the convergence of telecommunications, have revolutionized the behavior and habits of consumers. These technologies are not limited to the Internet, the rise of which has renewed the problem of consumer protection. In response, the Ivorian legislator, through the 2016 law on consumption, tried to be consistent with international standards relating to consumer protection. The new mechanism adopted is in addition to current Ivorian law and the Community legislative framework (UEMOA and ECOWAS). However, the system is proving insufficient and, in some respects, unsuitable for consumer protection, especially in the event of a sale through the ICT channel. These deficiencies occur at the time of the formation and enforcement of the sales contract. In this context, the French legislative framework that extends its sources in European Community law can, in many ways, inspire the Ivorian legislator. It does not entail the total transposition of the French system into the Ivorian law. Actually, with the new challenges of ICTs, the protection of the consumer can only be guaranteed by the search for equilibrium between the consumer and the professional
Lehaire, Benjamin. "L'action privée en droit des pratiques anticoncurrentielles : pour un recours effectif des entreprises et des consommateurs en droits français et canadien." Thesis, Université Laval, 2014. http://www.theses.fr/2014LAROD002/document.
Full textRegulation of competition is dualistic in France and Canada. On one side, public authority frame the market and impose sanction, if appropriate, to the practices contrary to existing legislation, and, on other side, the victims injured by antitrust practices, that is consumers and company, may bring a private procecussion based on the liability to obtain a compensation for the antitrust injury. They are respectively of public action and private action, also referred to as public enforcement and private enforcement of competition law. However, in the European Union, and particularly in France, the antitrust harm has no effective remedy. Indeed, in France, consumers had not, until the adoption of the collective redress, procedural means to access the judge of compensation. In addition, the French civil law proves too rigid to allow compensation for something as complex as the competitive harm. For its thinking about it, the French legislator has often turned to the Canadian and Quebec models to reform its bicentenary civil law. Indeed, the Quebec civil law is particularly flexible in disputes related to competition law. In addition, the Canadian Competition Act provides a right to compensation adapted to the constraints of the victims of anticompetitive practices. The author has sought to understand how the Canadian private enforcement mechanism works to assess whether this model, through the Quebec civil law, could inspire a reform of French civil law model adopted by the legislature in particular during the introduction of collective redress. The analysis is primarily civil law to allow a reading of private action that departs from conventional stereotypes of the American experience in this field. The ultimate goal of this comparison is to make effective use of the private businesses and consumers in French and Canadian rights following an injury resulting from a violation of anti-competitive practices
Jamal, Mona. "Le contrat d'adhésion : étude comparée des droits français et koweïtien." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA017/document.
Full textThe contract of adhesion has been the subject of doctrinal debate for long time and usually arises during the signing of contracts. In such conditions one party will be in a position of inferiority compared to the other contracting party. This imbalance will usually be in favor of the first party who prepared the contract. As for the second party who will not be in the position of negotiating, they will merely adhere to a pre-established contract without having the possibility to discuss the terms. In this context, the law of the parties’ sometimes causes inequalities and certain abuses. The new reform of French Civil code law dated 10 Feb. 2016, marks an evolution; Hence, the importance of a reflection on the concept of the contract of adhesion in French and Kuwaiti law. The comparative approach allows us to grasp the points of convergence and divergence that exist between these statutes in regard to both the legal system of the contract of adhesion and the level of protection. This brings us to question whether the Kuwaiti law can be improved by embracing the French law
Sabrinni, Pereira Fernanda. "La protection des professionnels contre les clauses abusives : comparaison franco-brésilienne." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020016.
Full textThe present thesis is about the protection of professionals against unfair contract terms. While at first glance, one would expect that such protection seemed to be in favor of consumers, it is no longer the case nowadays in many legal systems. In fact, if one considers the ratio legis of such protection, it seems discriminatory to reserve its benefits only to consumers. The impossibility to negotiate the contract, caused by the economic inequality between both parties, as well as the risk of unfair imbalance that results, conducts the legislator to give to the judge the power to declare unwritten the so-called abusive clauses.These two factors arise to professionals which are economically dependent upon the contracting party : this dependence will suppress any force over the negotiation of contract terms that the consumer may have. Consequently, some countries like France and unlike Brazil, have implemented a protection of professionals against significant imbalances. None of these protection systems may claim to be perfect. Thenceforth, the present comparative analysis will reveal the strengths and weaknesses of both French and Brazilian laws, and thus to better propose a recast of the protection granted by these two countries to professionals against unfair contract terms
Butr-Indr, Bhumindr. "La contrefaçon des droits de propriété intellectuelle : étude comparative en droits français et thaïlandais." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020031/document.
Full textCounterfeiting is an international problem. It appears that the main countries of origin of counterfeit goods seized in the European Union are the Asian countries, including Thailand. The research explains concisely the entire key factors to this whole problem. The research is divided into two parts; in the first place, I will outline pointly the definition of Intellectual Property Rights law (IPRs law) infringement between French and Thailand. Firstly, we focus on the structure of IPRs infringement. The term "counterfeit" in himself both in France and Thailand indicating different forms of an intellectual property rights liability conception. To identify violations constitute infringements, including the material element, we focus on four points, the existence of the creation, dissemination of the creation, use of creation, participation in the infringing action . With regard to the intentional element of infringement, iconcerned the intention of counterfeiter by the civil and criminal aspects as well as the objectives of my research would analysis on two components. First, the application of substantive issues embodies in the civil action. The second is the criminal action. The intention of counterfeiter are also intersect into two parts of action. The secondly,, we research to the proof of infringement. There provides two measures of proof in civil matters and evidence incriminal matters. In addition, there are a customs procedures as an alternative measure of proof . In the second place, we mainly concerned the IPRs law enforcement: Firstly we concerns the penalties imposed by criminal courts. We have already studied the criminal proceedings. In addition, we studied the penaltiesfor counterfeiting. We find that the criminal proceedings in Thailand is totally different from the criminal proceedings in France. In addition, we studied the penalization of IPRs law. We find that the situation in Thailand is totally different from a France, especially in criminal jurisprudence. It seems that the majority of decisions are the penalties imposed by criminal courts. Secondly were search about categories of damages and criteria for proof of damages. We find that the damages, in France as well as in Thailand, is the recovery of profit. Also the difficulty of assessing the damage, in France as well as in Thailand, are the damage of Trademark law, moral right damage and punitive damage
Hammoud, May. "La protection du consommateur des services bancaires et des services d'assurance." Thesis, Paris 2, 2012. http://www.theses.fr/2013PA020015/document.
Full textOne consequence of the 2008 economical and financial crisis is the constant and continuous temptations to recover the shaken confidence of the consumer towards the professionals of the financial services sector. While consumer protection is a common theme in French law, and a recent one in Lebanese law, such research is lacking in specific banking and insurance services in comparative law. Indeed, the subject is often presented in separate angles of consumer protection in one of these two services, in one of these two rights. It follows that a global, but not exhaustive deepening in “the protection of consumer banking and insurance services” through a comparative perspective between the French and Lebanese Laws allow us to better understand the characteristics of such a combination. Therefore, a series of questions flush: What are the frameworks of the protections granted to these consumers? How do their governments, legislators, judges, and civil society defend their individual and collective interests? What are the legal consequences of such protection that sometimes proves to be unreasonable? This research seeks to try to answer all these questions, through two parties. The first, analyses the protection granted to individual and collective consumers interests in banking and insurance services sector. The second focuses on the implementation of such a curative, sometimes unreasonable protection of banking and insurance services consumers
Khalifa, Milad. "La protection du consommateur en droit libyen à la lumière du droit français." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G006.
Full textThanks to the emergence of a market economy and more recently of the technological revolution, consumer law has been significantly developed. Therefore, consumer protection was required as the means to rebalance the unequal relations between the consumer, regarded as the weaker party to the complex contractual relation, and the professional for whom the power balance is in favour.In this context, the interest of a study about consumer protection in Libyan law in the light of French law is clearer and can be approached from two angles : on the one hand, it is scientifically challenging to understand how a State like Libya, whose opening up to the world and the private sector development are very recent, integrates consumer protection into its legal system. On the second hand, comparing it with French law provides an added value, because the level of consumer protection in Libyan law has to be measured through French consumer law which is more developed. The comparative approach is relevant in this research as one of the functions of comparative law is to improve the national substantive law.Here, according to the starting hypothesis, consumer law in Libya is underdeveloped compared to French consumer law. So, the comparative approach aims to help improving consumer law in Libya if the starting hypothesis is confirmed. Therefore, we studied consumer protection from the precontractual period to the after contract period including the actual contract conclusion in both legal orders.This research shows that the Libyan consumer is less protected than the French consumer. This is due, amongst others, to socio-political and economic factors, in this case, the low development of the private sector and the low level of the culture of justice which does not enable to develop case-law regarding consumer law. This study has also proved that the Libyan legislator is facing a new challenge, that is, the emergence of distance contracts, which makes consumer protection even more complex
Huaman, Ramirez Richard. "When is consumer desire impacted by difficulty of recall ? : the effects of the type of information, expectation and time pressure." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1054/document.
Full textThis thesis demonstrates that difficulty in recalling past consumption of a preferred product influences the desire to consume that product. More specifically, this research evaluate how desire is influenced by what kind of information from past consumption experience is recalled (semantic or episodic information) during a difficult recall task, by the expected difficulty of recall task, and by time pressure. An experimental method was adopted and three empirical studies were conducted. Hypotheses were tested on data collected across different samples: Peruvian, Chinese, and French consumers. Participants were principally university students. A total of eleven experimental scenarios were presented to participants including different types of products (soft drinks, hedonic products, and leisure activities). Questionnaires were administrated by web and face-to-face. Our contribution has the potential to help marketers take action regarding the recall of past rewarding consumptions. To evoke more desire, consumers must be conditioned to difficult recalls of past consumptions of preferred products; marketers must specially focus on semantic information of past experiences and condition consumers with a time pressure. The results suggest that the type of information processed (semantic versus episodic) and time pressure influence the effect of the difficult recall of past consumption on desire. This research focuses on a holistic recall of past experiences and the retrieval process of information from memory, and confirms the Chaiken and Trope (1998)’s Dual-Process Theory
Serra, Freire Paula. "Le contrat international de consommation, comparaison franco-brésilienne." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020051.
Full textThe internationalization of the consumption of products and services is a phenomenon that can be seen in developed countries, like the case of France, but also to a large extent in developing countries like Brazil. Such internationalization has important implications for the protection of consumers, which are considered in most countries as a weak party that deserves to be protected. This internationalization also raises interesting private international law issues. In this work, we will study the issues related to the determination of the competent jurisdiction and the law applicable to such contracts, from both the French and the Brazilian law perspectives
Beil, Lydia. "Personale Differenzierung im Kaufrecht : Rechtsvergleichende Studie unter Einbeziehung nationaler Regelungen (Deutschland, Frankreich) und internationaler Regelwerke (CISG, UNIDROIT PICC, CESL, CFR)." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA021.
Full textIn sales law, there are many provisions that have limited personal scope of application, for instance special rules for so-called B2C (Business-to-Consumer) or B2B (Business-to-Business) contracts. Those personal differentiations, that make the application for judges, contracting parties as well as legal practitioners very complicated, are often due to historical reasons (for example the transposition of European Directives in the field of consumer law), but not justified by substantial arguments like differences between those personal categories.The present comparative study aims at finding out where these differentiations are useful and justified by substantial reasons and at what point it is preferable to provide a uniform rule for all personal configurations. In order to answer this question, this work examines the German and French sales law as well as European and international regulations and principles of soft law (CISG, CESL, UNIDROIT Principles, CFR) and analysis the rules using, apart from legal argumentation, the functional method of comparative law as well as the law and economics approach
Insbesondere im Kaufrecht findet man immer wieder einzelne Vorschriften, Gesetzesabschnitte oder ganze Gesetzbücher mit eingeschränkten personalen Anwendungsbereichen (z.B. beschränkt auf Business to Consumer Verträge, B2C, oder auch auf B2B-Verträge. Jedoch scheint dieses komplizierte Netz aus personalen Differenzierungen keiner bestimmten Logik zu folgen und basiert häufig auf rein historischen Gründen (z.B. der Umsetzung von europäischen Verbraucherrichtlinien) oder auf beschränkter legislativer Kompetenz.Die vorliegende Arbeit untersucht daher, an welcher Stelle derartige personal differenzierende Vorschriften tatsächlich durch materielle Gründe gerechtfertigt sind und wo es besser wäre, die Differenzierung zu beseitigen, um das Kaufrecht zu vereinfachen und für dessen Adressaten und Anwender zugänglicher zu machen. Somit richtet sich die Arbeit nicht nur an die Gesetzgeber, um die existierenden Regelungen zu vereinfachen, sondern auch an die Rechtsprechung und die Praxis. Um dieses Ziel zu erreichen untersucht die Arbeit das deutsche und französische Kaufrecht sowie internationale und europäische Regelwerke (CISG, CESL, UNIDROIT-Principles, CFR). Dabei werden außer der juristischen Argumentation die funktionale Methode der Rechtsvergleichung und die Ökonomische Analyse des Rechts verwendet
Nakasene, Vanthong. "L'ordre administratif : vers une réforme du système judiciaire en RDP Lao." Phd thesis, Université de Bretagne occidentale - Brest, 2013. http://tel.archives-ouvertes.fr/tel-01058665.
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