Dissertations / Theses on the topic 'Contentieux civil'
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Adergal, Anaïs. "Le Contentieux civil en anesthésie-réanimation." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30060.
Full textAnaesthetics and intensive care are closely linked in the French health care system and are always carried out by the same professional. Anaesthetics and intensive care thus form a common discipline which has acquired only recently its autonomy. Formerly under the direction of the surgeon, the anaesthetist is at the core of a multidisciplinary profession. If the anaesthetic treatment supposes, down the line, application of techniques of intensive care, the opposite is not systematically true. Indeed, the anaesthetist, taken as a member of an intensive care unit, can be confronted with the issue of organ removal which practice necessarily relates back to the difficult definition of death. Concerning its object itself, civil dispute regarding anaesthetics and intensive care covers a large-scale field. This in-depth study would highlight the drafting of norms ruling the discipline upon which the professional context has a decisive influence, then their practice by the anaesthetist itself, and finally their appropriateness to the clinical case as considered by the civil judge whenever a patient had brought legal action in responsibility before a tribunal
Boularbah, Hakim. "Requête unilatérale et inversion du contentieux." Doctoral thesis, Universite Libre de Bruxelles, 2007. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210663.
Full textIl s’agit principalement d’analyser de manière approfondie la question de la conformité de ces procédures unilatérales aux règles du procès équitable et au principe général du droit imposant le respect des droits de la défense. L’étude tente de démontrer que le recours à la procédure unilatérale respecte ces règles et principe s'il est strictement encadré et s’il s'accompagne de garanties quant aux pouvoirs du juge qui connaît de la requête et aux voies de recours dont dispose la partie qui est condamnée sans être préalablement convoquée et entendue.
Cet objectif peut être atteint moyennant certaines interprétations nouvelles de la loi et plusieurs modifications légales. Des propositions de textes sont dès lors présentées pour améliorer le régime actuel des procédures sur requête unilatérale et l’adapter aux exigences dégagées à l’issue de l’étude.
Doctorat en droit
info:eu-repo/semantics/nonPublished
Marion-Faïn, Edwige. "Une analyse microéconomique des règles de preuve dans le contentieux civil." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020018/document.
Full textProcedural rules are likely to affect the strategies of the parties in a dispute. We study their impact on the volume of litigation and on the amount of legal expenses incurred by parties to win the trial. These two components of the social cost of litigation are at the heart of the challenges that must be addressed by developed countries to guarantee the effective enforcement of the substantive law. Our works relate more specifically to rules of proof, and the emphasis is given on the opposition between civilian and common law rules. After defining the scope and the stakes of the thesis in the general introduction, we develop a plan in two parts. Part I studies parties' behavior when they have the possibility to negotiate to avoid a trial. Strategic and divergent expectations models are developed to apprehend parties' decisions to sue and to settle. The second Part is oriented toward the evidence production process preceding the final hearing. We use rent-seeking models to analyze parties' incentives to engage legal expenditures.The results suggest that rules of proof have a substantial effect on the social cost of litigation. We show that the volume of litigation in the US and in France can be explained by the various rules of proof prevailing in these two countries. Moreover, our analysis reveals that the rules of proof constitute a major determinant of the private cost of litigation and of defendant's defense strategies
Darnault, Cécilia. "Les PME face au contentieux économique : essai de guide pratique." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0504.
Full textA company. For a small or medium business, things go far beyond than just a simple economic organization. It is more about an idea, a project, than simple economic problematics. Besides grasping the economic market within, the business manager also needs to stay aware of other concerns, such as its legal environment. The latter is usualy complex, underrated and at the origin of many risks for the company and its CEO, such as economic litigation. Consequently, how avoid bankruptcy? Accordingly to the last legislative amendments that express many important transformations of civil procedure, the creation of new legal governance tools can help the entrepreneur to fight against economic litigation risks. How? Considering the fact that the amendments tend towards accountability, by establishing an obligation of risks prevention, and towards the empowerment of in house counsels by directly participating in the resolution of disputes, corporations has to enforce a legal governance that participates to the prevention of economic litigation. The thesis proposes a guide to legal governance of companies by first introducing a vigilance plan to alleviate any legal risk, and by recommending a private resolution solution through the recent raise of alternative dispute resolutions to avoid any economic litigation as a traditional civil lawsuit. Therefore, the thesis is an overview of all the options that entrepeneurs and business managers of small and medium companies have for a safe economic developement to ensure the sustainability of the organisation, in a perpetually evolving legal and social environment, going beyond traditional justice
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Full textPas de résumé en anglais
Moukoko, Serge Rock. "Le plein contentieux spécial des installations classées." Thesis, Metz, 2009. http://www.theses.fr/2009METZ003D/document.
Full textThe full special dispute on closed plants is qualified by the special doctrine. Indeed it is special, more than the mere idea, on accounts of particularisms that it shows up in relation to the common law's dispute. That special side is firstly due to the variety of deadlines about the dispute appeal, which change either according to the applicant, the plant's aspect in matter or the beginning of setting up. This special point is also due to the exceptionnal competences vested in the judge, whenever he pleads for the special dispute, whose implementationis first conditioned by a decree. Not only can he abrogate (annihilate / repeal) the decree, but he can also behave as an administrator. He can play the prefect's part and act in places taking the decrees into the jurisdictional setting. Out of sheen reason, this domain lies within the administrator's exclusive province. besides, the rules of the law implementable by the judge varies according to given aspects. He must incite to the procedure rules implementation which comes into effect the very day when the decree is treatened. As for the deep rules, the judge should appreciate their equality when the jurisdictional decision is drawn. Some of its particularisms are justified on particularly historical accounts. However these cannot be justified nowadays any longer, because of the public law's evolution and the recent principles of process law guaranteed to the justicees by an european and a community judge, such as the legal security principle, the equal opportunity principle, the right to the justice court, the right to a non-dependant (free) judge. All the aforementioned specificities enable the commont law's dispute to take over the full special dispute, which tends to come up forth as by a history reserve
Blanchard, Thibault. "Le partage du contentieux administratif entre le juge civil et le juge administratif : étude de droit vaudois, historique et comparée /." Lausanne : Bis et Ter, 2005. http://aleph.unisg.ch/hsgscan/hm00123680.pdf.
Full textBerne, de la Calle Cédric. "Le contentieux de la résolution du contrat au regard de l'article 1184 du Code civil : éléments pour une stratégie du créancier." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1027.
Full textCreditor's strategy in case of breach of contract is often avoided because of full theories.It could be described as a tacit phenomenon. Elements of judicial dissolution are studied in a way to discover a legal institution made by independent mechanisms which each have their own spring. Starting with article 1184 of French Civil Code, the aim of the study was to grasp the spirit of "judicial dissolution" of contract, also the legal institutions it contains, formally or tacitly, checking all the law doctrinal knowledge, supposed to be certain and proposing a perspective for this particular judicial termination of contract.Judicial dissolution composed of eight themes is a study trying to share into a mass knowledge relative to the action's area, the fortuitous event (irresistible force), the breach of contract itself, which is officially established into a formal notice. When the judge is seized, the creditor has a legal option between dissolution or enforced performance offered by article 1184 paragraph 2, which leads to the question of judicial characteristic - involving an important argument - of the dissolution.Finally, judicial dissolution causes apparent consequences : retrospective effect on contract but, overall, there are specific effects : termination of contract involving return of goods, values and performances between parties coming from the judicial decision.If dissolution's concept had been studied before into its fundamentals, its story or its diverse forms, it allows to explore the reverse side of this theory into as a new critical reading which recalls the original function of this legal action : to permit creditor to defend in case of breach of contract
Lambert-Wiber, Sophie. "Contribution du droit civil à une approche renouvelée de la charge de la preuve en droit fiscal." Rouen, 1996. http://www.theses.fr/1996ROUEL257.
Full textThe way the devolution of the burden of proof is usually presented in fiscal law, essentially puts in evidence the subject's particularism, and its resistance facing any systemization attempt. In effect, one cannot deny that the fiscal laws regulating the topic have an in-built origin, since the choice of the declarative system imposes that the tax payer's declarations benefit from the presumption of sincerity. However, the comparative study of the mechanisms of devolution of the burden of proof, both in fiscal and civil laws, uncovers numerous similarities. In fact, in both those domains, one cas assess the reality of a general principle of attribution relating to the onus of proof, found either in a text, the article 1315 of the civil code, or in a number of clauses in the fiscal proceedings book ("livre des procedures fiscales"), all covering this subject. But, in both cases, this attribution is only aimed at settling the risk of the proof, that is to say, designating the litigeant who will lose the suite, if a verdict is not reached. Furthermore, this question must be clearly separated from the obligation, which weighs on each party, to collaborate in the probatory effort. This obligation is specifically covered by the article 10 of the civil code. In fiscal dispute, the obligation results from the so-called mechanism of the dialectic of the proof administration. Finally, as far as procedure is concerned, it has to be assessed that both the fiscal judge and the legal judge have at their disposal inquisitorial powers, wich enable them to intervene directly in the search for elements of proof, and thus, to contribute to the consecration, in justice, of an objective conception of the truth
Rottier, Benjamin. "L'aveu en droit processuel : essai de contribution à la révélation d’un droit commun." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D008.
Full textThe strength of judicial civil confession is inherited from roman confessio in jure, that was however an admission of claim. Confession being held as an evidence since the medieval law, its nature wears the seal of will whereas its regime is mostly determined by search for the truth. On the one hand, requirement of a free will, both in civil and criminal procedures, grants confession the nature of a legal act intended to prove a fact. Thus genuine confessions can be distinguished from sanctions against litigants who disregard the judge’s imperium, in civil cases as well as in administrative cases. On the other hand, the weight of evidence brought by confession is always determined by the courts in their unfettered discretion. Obligation for civil jurisdictions to state only in consideration of the confessed fact relies on the principle of party disposition. Civil judicial confession 's legal irrevocability is both substantial, as the evidence is permanently constituted, and procedural, preventing the confessor to invoke an opposite allegation of fact. Confession's indivisibility can be analyzed as a result of the suspensive or resolutive condition under which this legal act can be granted
Lawrynowicz-Drewek, Anna. "Le droit processuel appliqué au contentieux des brevets à l’aune de la Juridiction unifiée du brevet : quel rôle pour la Cour de justice de l’Union européenne ?" Electronic Thesis or Diss., Strasbourg, 2024. http://www.theses.fr/2024STRAA012.
Full textThe Unified Patent Court, a new international jurisdiction specializing in European patent litigation, is subject to European Union law. European Union law, however, remains scattered and incomplete when it comes to civil procedure. The question of the CJEU's effective role in interpreting the UPC's procedural rules is of major interest. However, an in-depth analysis of the European rules and those specific to the UPC leads to the conclusion that this role remains limited to date. The failure to strengthen the role of the CJEU leads to a risk of inconsistency in EU law and its non-uniform application, as well as, from a strategic point of view, to pronounced forum shopping, reducing the attractiveness of the new specialized jurisdiction. To remedy this situation, the thesis suggests a series of proposals aimed at strengthening the CJEU's role in this area, both through horizontal and special instruments
Ka, Ibrahima. "Le juge face aux principes directeurs du procès civil." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1073.
Full textCivil trial is the traditional framework where justice of individuals is usually delivered, and the rules which govern it are synthesized in the first 24 articles of the code of civil procedure which set out the guiding principles. The latter organize the sharing of procedural responsibilities between the different actors of the lawsuit, and determine the main part of the office of the judge built around the contentious model of the civil proceedings, cut for the ruling on the judges of the affairs. This model undergoes legal mitigations, mainly for reasons of equity or diligence, even though the case which is submitted to the judge is a matter of the contentious material. In the submission for an out-of-court settlement and that of the appeal to the supreme court, it is the nature of the mission entrusted to the judge who sometimes justifies the mitigations brought to these guiding principles, and sometimes even their disappearance. The action of the judge towards these principles also goes to the direction of their adaptation to evolutions so legal as Socio-Economic. It is essentially translated on the one hand, by a research for effectiveness of these principles which the judge does not hesitate to connect with superior standards, and on the other hand, by a research for their efficiency by means of the technique of interpretation. If in the first case the internationalization and constitutionnalisation explain such an action, the second case raises itself the question of the legitimacy of such an approach. Today’s judge is also a manager, especially in an increasing context of justice request and rarefaction of the resources assigned to the judicial administration
Cruickshank, Neil A. "Power, civil society and contentious politics in post communist Europe." Thesis, University of St Andrews, 2008. http://hdl.handle.net/10023/559.
Full textCruickshank, Neil Albert. "Power, civil society and contentious politics in post communist Europe /." St Andrews, 2008. http://hdl.handle.net/10023/559.
Full textGhazo, Elie. "Les relations entre les actions disciplinaires et pénales à l'encontre du fonctionnaire civil en France et au Liban." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G014.
Full textWhen public civil servants engage in misconduct, which hinders the proper conduct of public duties, the Administration is entitled to exercise disciplinary action against them. In this way, the Administration controls, compensates or neutralizes the deviations likely to harm the public action and its image. Logically, the procedures for the exercise of disciplinary powers vary according to the state, in accordance with the provisions of each civil service. It is rare to find absolute conformity between the various disciplinary systems. The purpose of this thesis is to compare and identify the characteristics of the disciplinary action applicable in the civil service in France and Lebanon, bringing the latter action closer to criminal action. It is thus necessary to observe to what extent the general principles governing criminal prosecution can provide elements for the improvement of the disciplinary system, whether French or Lebanese, by making it more equitable
Dacrema, Eugenio. "Modeling Contentious Politics: The case of civil strife and radicalization in the Middle East and North Africa." Doctoral thesis, Università degli studi di Trento, 2019. http://hdl.handle.net/11572/242093.
Full textDacrema, Eugenio. "Modeling Contentious Politics: The case of civil strife and radicalization in the Middle East and North Africa." Doctoral thesis, Università degli studi di Trento, 2019. http://hdl.handle.net/11572/242093.
Full textNicoud, Florence. "Du contentieux administratif de l'urbanisme : entre singularité et exemplarité." Nice, 2005. http://www.theses.fr/2005NICE0020.
Full textIt is today contested that administrative law and litigation is of a special and distinct nature. Town planning litigation is original in this respect. As this type of litigation is quantitatively important, the judge as the legislator had to find numerous original contentious solutions to depart from the general rules governing the administrative process. Such an adaptation is obvious as many derogations are justified by the very substance of town planning litigation. Apart from this technical aspect, it is possible to analyse town planning litigation as a field of experiments to renew administrative justice and more particularly to reinforce the protection of individual rights in administrative judicial review. Moreover, such a movement is a sign of the emergence a new matters of litigation in which the frontier between private and public law, which is traditional under French law, is not so obviously set
De, Berard François. "Le devoir de loyauté dans le contentieux privé international." Paris 10, 2009. http://www.theses.fr/2009PA100036.
Full textThe frequency and the numbers of international private trials have grown up during the last decades. With this development, dilatory proceedings tactics have multiplied. An answer must be opposed to those unfair behaviours. Between moral and law, the notion of “loyalty – fairness” commands to parties, lawyers and judges the requirements of transparency, harmonization, esteem and cooperation during the resolution of an international private trial. Some of our actual positive rules already command the respect of the loyalty-fairness: we can speak of the requirement of the fairness of the foreign proceedings during the exequatur. However, there are still too many possibilities for bad procedural behaviours during private international trials. The recognition of a principle of abuse of right, or of the estoppel can be two ways, among others, to protect the fairness of the judicial proceedings. If it is hard to question the utility of the requirement of loyalty-fairness, this notion has no still effective value in positive law. Among the tools that we know, especially the principle of law, the study of the loyalty-fairness in international private litigation asks the recognition of a new standard of loyalty-fairness. The standard can be immediately effective, reinforcing the quality of the judicial process, but the standard of loyalty-fairness also bears some of the next evolutions of the international private litigation rules
Thierry, Marion. "L'occupation sans titre du domaine public." Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCF004/document.
Full textUntitled occupation of the State property generates patrimonial, financial and economic damages. This phenomenon therefore prevents the owner and manager of the State property from effectively benefitting from their domain and hinders any economic development of the State property by slowing or stopping further investment into the State property. Untitled occupation is also a phenomenon that goes beyond the interests of the owner and manager of the domain since it is likely to create a competitive disadvantage between regular and illegal occupants.While it is impossible to fight untitled occupation of state property in the long term due to its protean and recurrent nature, the only solution for the owner and manager of the domain is to effectively manage each situation of untitled occupancy on a case-by-case basis.This thesis aims to present a series of answers that can be adapted to the multiplicity and specificities of cases of untitled occupation with each having the same objective of ending untitled occupation of the State property. To implement the most effective responses, it is first necessary to know the legal status of the untitled occupier and to demonstrate that this phenomenon results from diverse circumstances that may be taken into account in the management of untitled occupation. Depending on the kind of untitled occupation, two types of responses can then be implemented: a contentious response which is the classic response to occupation without title, or a negotiated response being a more flexible approach requiring no intervention by the judge
Hortala, Solenne. "Les obiter dicta dans la jurisprudence civile de la Cour de cassation : étude de la jurisprudence civile." Electronic Thesis or Diss., Toulouse 1, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247191772.
Full textThe obiter dictum is a little known figure of the civil case-law of the Court of cassation. Yet, its presence amongst cases is regularly acknowledged, and even questioned by legal scholars. Better known by supranational courts or the institutions of superior courts of Public Law, its existence remains unsettling. It was, thus, necessary to better understand the reservations towards this object, and then observe what makes the specificity of the obiter dicta of the Court of cassation as well as to try to identify this phenomena. Once the consciousness of the existence and the specificities of this process had been acquired, its notion could be studied. The obiter dictum of the Court of cassation had to be distinguished from its counterpart that remains inherent and indispensable to the Common Law. Although the designation is identical, the reality they encompass varies. After having, also, separated the obiter dictum from other elements of the discourse of the Court of cassation, a definition was proposed by combinning two criteria : the insertion of an utterance within the decision and its extrinsic nature regarding the decisional field. The study of the status of the obiter dictum revealed its true nature of a tool. The practice of this instrument by the cassation judge needed to be detailed, whilst equally taking into account the contemporary reflections surrounding the reform of the Court of cassation in order to consider what would become of the obiter dictum. The observation of its functions allowed us to shine a light on its anticipatory role. If the obiter dictum seems to be a useful instrument serving the jurisdictional missions of the cassation judge, its virtues are not without limits. It cannot be thought of as a systematic remedy to the negative effects of courts overruling. A precious tool in the hands of the cassation judge, the obiter dictum appears, within the context of the questions regarding the opportunity and modalities of a reform of the Court of cassation, as an instrument searching for/in search of equilibrium
Hortala, Solenne. "Les obiter dicta dans la jurisprudence civile de la Cour de cassation : étude de la jurisprudence civile." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10047.
Full textThe obiter dictum is a little known figure of the civil case-law of the Court of cassation. Yet, its presence amongst cases is regularly acknowledged, and even questioned by legal scholars. Better known by supranational courts or the institutions of superior courts of Public Law, its existence remains unsettling. It was, thus, necessary to better understand the reservations towards this object, and then observe what makes the specificity of the obiter dicta of the Court of cassation as well as to try to identify this phenomena. Once the consciousness of the existence and the specificities of this process had been acquired, its notion could be studied. The obiter dictum of the Court of cassation had to be distinguished from its counterpart that remains inherent and indispensable to the Common Law. Although the designation is identical, the reality they encompass varies. After having, also, separated the obiter dictum from other elements of the discourse of the Court of cassation, a definition was proposed by combinning two criteria : the insertion of an utterance within the decision and its extrinsic nature regarding the decisional field. The study of the status of the obiter dictum revealed its true nature of a tool. The practice of this instrument by the cassation judge needed to be detailed, whilst equally taking into account the contemporary reflections surrounding the reform of the Court of cassation in order to consider what would become of the obiter dictum. The observation of its functions allowed us to shine a light on its anticipatory role. If the obiter dictum seems to be a useful instrument serving the jurisdictional missions of the cassation judge, its virtues are not without limits. It cannot be thought of as a systematic remedy to the negative effects of courts overruling. A precious tool in the hands of the cassation judge, the obiter dictum appears, within the context of the questions regarding the opportunity and modalities of a reform of the Court of cassation, as an instrument searching for/in search of equilibrium
Boucraut, Louis-Marie. "Les principes juridiques d'évaluation du préjudice économique réparable résultant d'atteintes aux biens dans le contentieux des responsabilités civile et administrative." Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32015.
Full textConcerning compensation for financial damages caused to goods, the "cour de cassation" and the "conseil d'etat" have established the one legal rule for liability disputes : full compensation. This rule is not explicitely contained in any text. It has been mainly established by court decisions. However, the analysis of civil and administrative court decisions, show that this general rule is neither interpreted nor appliced in the same way by these two juridictions. Therefore, damages granted for the same goods are evaluated differentely by civil court and by administrative court, wich creates an anomaly. Following the analysis of recent court decisions, some solutions have been proposed wich depend ont the economical context and not on the juridiction to wich the case has been brought
Laurès, Bertrand. "Les actions en dommages et intérêts pour les infractions au droit de la concurrence." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100161.
Full textCompetition law is mainly governed by European Union law. Public enforcement ensures fulfilment of EU law. Until recently, and despite recognition in case-law, EU law did not provide for a legal regime enabling victims of anti-competitive practices to obtain compensation of their damage. National law did not have a specific legal regime and victims of anti-competitive practices could apply the common civil liability regime on the basis of ex-Article 1382 of the Civil Code. Given the complexity of litigation, this situation lead to great difficulties for victims to obtain compensation for their damages. EU directive n°2014/104 creates a new legal regime and harmonizes the private enforcement. It has been transposed into French law under ordonnance n°2017-303. This much-awaited reform is subdued. Certainly, there are significant progresses. The directive facilitates the proof of fault, and organizes the communication and production of documents during the proceedings. It establishes a presumption of loss and provides a framework to assess the harm. On the other hand, the reform is rather timid on other elements, such as the fault, its attribution, or the financing of the actions. The purpose of this study is to analyze these new rules to ascertain whether it effectively facilitates actions for damages for infringements of competition law
Davila, Valdiviezo Charlotte. "Les stratégies contentieuses en matière civile et commerciale : étude à partir du Règlement Bruxelles I bis." Electronic Thesis or Diss., Lyon 3, 2023. http://www.theses.fr/2023LYO30032.
Full textWhile the term "strategy" is rarely associated with the legal field, strategies aimed at leveraging the law to one's advantage have always existed. To shed light on this phenomenon, this thesis focuses specifically on litigation strategies that revolve around a trial as a central point.The starting assumption was the paramount importance of understanding the rules and the framework to effectively navigate towards an advantageous outcome. Rules here are broadly defined to include the legal rules of the member states and the Union, the case law of their courts, and the entire economic, political, social, and cultural context surrounding the parties and their dispute.Strategic litigation practice in the European area then warranted a detailed review of the various actors involved in the strategy (parties, national judges, European judges), as well as the history and evolution of the European Union and its law.This quest for knowledge of the rules also led us to revisit the conceptual framework and concrete achievements concerning jurisdiction in the European Union, highlighting a complex system revolving around the Brussels 1bis Regulation and a Court of Justice of the Union, both an actor and promoter of European integration.However, the development of strategies does not stop at understanding the rules but requires their anticipation and adaptation to changing realities. The choice of court then becomes a strategic maneuver, guided by both objective and subjective criteria.Reviewing European history as well as the trajectory of the strategic actors provides an opportunity to grasp their operating modes and to anticipate their actions within the context of a multicultural Europe, composed of sovereign member states. It will be about predicting legal developments, jurisprudential reversals, advantageous positions, or even actions that are likely to meet the economic or political objectives of the Union, while keeping in mind that judges can always introduce bias into the judgment process. It will also involve understanding the adversary's history in order to estimate their strengths and weaknesses to adjust the strategy accordingly.However, there is no single path to the success of a litigation strategy: the success of a strategy largely depends on the perception of the litigant, their objectives and expectations. The choice of jurisdiction can then be made based on the procedural guarantees offered, the predictability of the decision, or the application of specific rules attached to the forum.The litigation strategy can also involve breaking away from this scheme to seek an alternative resolution through amicable methods or arbitration.While the strategic approach may be tempted to free itself from ethical or moral constraints by using maneuvers that pervert the purpose of the texts, it is essential to remember that a strategy can be both profitable and virtuous. Failing this, national and European judges will play their role as safeguards of the system's integrity
Foulquier, Norbert Moderne Franck. "Les droits publics subjectifs des administrés : émergence d'un concept en droit administratif français du XIXe au XXe siècle /." Paris : Dalloz, 2003. http://catalogue.bnf.fr/ark:/12148/cb38986836b.
Full textMzaouir, Ahlam. "Le contentieux du contrat international , depuis le dahir du 12 août 1913 sur la condition civile des étrangers : contribution à l'histoire du droit international privé marocain." Perpignan, 2009. http://www.theses.fr/2009PERP0863.
Full textWhen the parties to a contract are Moroccan nationals and the contract itself is concluded in Morocco, we except no problem to raise to know the law to be enforced and the competent court in case a dispute at law shall raise. Every problem shall be considered subject to Moroccan law and nationwide concerned courts (defendant’s abode and place where the contract is concluded). But in case the contract has foreign origin criterion, we shall consider the question as to the law to be enforced (First Part) and the concerned court (Second Part). Such question is very important to the extent that it requires deep study since the answer may have important practical consequences/ repercussions
Zambrano, Guillaume. "L'inefficacité de l'action civile en réparation des infractions au droit de la concurrence : étude du contentieux français devant le Tribunal de Commerce de Paris (2000-2012)." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10057/document.
Full textThe Green Paper and the White Paper on damages actions for breach of EU competition law found private antitrust enforcement in a state of “total underdevelopment” and proposed reforms to adress the identified obstacles. Empirical study of french case law does not support entirely these findings, because it’s important to distinguish between actions brought against competitors, and actions brought by consumers. Exclusionary practices litigated between competitors show reasonable success compared to similar cases. The reforms proposed by the European Commission concerning access to documents and quantification of damages would not bring any significant improvement to french law. However, damages actions in compensation of overcharges brought by direct and indirect purchasers seem doomed to failure, in the absence of a collective action and distribution mechanism. Debate is storming at EU and national level, but the considered options appear unconvincing. It is proposed a public mechanism for collective redress. Within their existing powers, competition authorities should review the fine policy to achieve collective compensation as private penalty. Substantial amount of fines should be inflicted when infringers cannot show they have taken active steps to provide compensation to consumers. In that case, a partial amount of the total fine should be dedicated to compensate consumer, directly or indirectly, in pecuniary or non-pecuniary form. Competition authorities should have the power to order infringers to create trust funds for that purpose
Bourgois, Joël-Luc. "Le contentieux du droit de préemption des collectivités publiques : contribution à la théorie des actes détachables en droit administratif français." Lille 2, 1994. http://www.theses.fr/1994LIL20017.
Full textFu, Diana. "Flexible repression : engineering control and contention in authoritarian China." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:28de652f-66e9-4bd7-9c03-af499249d8cd.
Full textMauro, Renata Giovanoni Di. "Os poderes do juiz nos procedimentos civis do estatuto da criança e do adolescente." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5752.
Full textThis thesis aims to recognize the judge powers regarding the flexibility of civil proceedings on the Statute of Children and Adolescents. In this area, the caput of article 153 of Law n. 8.069/90, and its sole paragraph, they become the legal instruments that legitimize such procedural flexibility, in order that the children and adolescents effective overall protection is a reality. It follows that the interpretation methods assume a significant role, because they reveal the real meaning and significance of the words above the legal provisions. The use of hermeneutics shows that the ex officio role in the proceedings of voluntary jurisdiction, supported, including Article 1109 of the Code of Civil Procedure, is a response to the need for simplification of the procedural acts and the adequacy of the procedural sequence requires that each factual situation. On the other hand, as for the acting ex officio to the procedures of contentious jurisdiction, the use of interpretative methods in the study of Article 153 and its sole paragraph, of the Children and Adolescents statute, shows that the relaxation is subject to the approval of the litigants as well as the prosecutor when it is not a party. Protection (constitutional and infraconstitutional) focused on children and adolescents inspires effectiveness in adjudication, justifying the use of procedural flexibility. It is not about permission to arbitrariness, but breaking the excessive formalism, which enables the concentration of process and change as a result of such acts, so that the full protection of the child comes true, no violation of the principles and procedural lien
O presente trabalho objetiva reconhecer os poderes do juiz no que tange à flexibilização dos procedimentos civis sujeitos ao Estatuto da Criança e do Adolescente. Nessa seara, o caput do artigo 153 da Lei n. 8.069/90, bem como o seu parágrafo único, vêm a ser os instrumentos legais que legitimam tal flexibilização procedimental, visando que a efetiva proteção integral da criança e do adolescente seja uma realidade. Do exposto resulta que os métodos de interpretação assumem um significativo papel, pois revelam o real sentido e alcance das palavras do dispositivo legal supramencionado. O emprego da hermenêutica evidencia que a atuação ex officio nos procedimentos de jurisdição voluntária, amparada, inclusive, no artigo 1.109 do Código de Processo Civil, é uma resposta à necessidade de simplificação dos atos processuais e à adequação da sequência procedimental que cada situação fática exige. Por outro lado, quanto à atuação ex officio nos procedimentos de jurisdição contenciosa, o emprego dos métodos de interpretação no estudo do artigo 153 e seu parágrafo único, do Estatuto da Criança e do Adolescente, demonstra que a flexibilização está condicionada à anuência dos litigantes, bem como do Ministério Público, quando não for parte. A proteção (constitucional e infraconstitucional) voltada às crianças e aos adolescentes inspira a efetividade na prestação jurisdicional, justificando o emprego da flexibilização procedimental. Não se trata de permissão à arbitrariedade, mas de ruptura do excesso de formalismo, que possibilita a concentração de atos processuais e a mudança na sequência de tais atos, para que a proteção integral do menor se concretize, sem a violação dos princípios e garantias processuais
Veillard, Isabelle. "Prévenir les nouveaux risques : Essai d'une approche globale pour la protection des personnes et de l'environnement." Paris 1, 2010. http://www.theses.fr/2010PA010292.
Full textCornu, Julie. "Droit au procès équitable et autorité administrative." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020068/document.
Full textThe right to a fair trial is enshrined in the article 6§1 of the European Convention on Human Rights and irradiates now all French law. In the context of the subjectivization of the law, administrative law is also subject to this "unstoppable rise of disputes in the name of the right to a fair trial" (Mrs. KOERING-JOULIN). This assertion is particularly true regarding the powers of sanction and the settlement of disputes granted to the administrative authorities. The European definition of the right to a fair trial applied by the Court of Cassation and adapted by the Council of State allows a wide application of this right. So, given the current state of the administrative case law, the right to a fair trial can be usefully claimed against independent administrative authorities as regard either their law enforcement activities or litigation practice. And the tax administration has also been compelled to respect this fundamental right for eight years now. In line with this settled jurisprudence, the extension of the right to a fair trial to all the administrative authorities may be the way of the future. But such an evolution raises a few questions. Isn't the increasing jurisdictionalization of the administration activities as a result of the right to a fair trial an inconsistency in itself? Doesn't it go against the primary goal of the outsourcing of the administrative penalties? More fundamentally, doesn't subjecting the administrative authorities to the specific principles of court procedures participate in reinstating some confusion between administration and jurisdiction? Isn’t it the rebirth, under a new form, of the administrator-judge we thought was long gone?
Dreyfuss, Lionel. "Le risque arbitral : arbitrage et justice de l'Etat." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA012.
Full textParties choosing arbitration are facing various risks. They are very different from the difficulties occurring within state justice. Identifying and assessing the level of those risks can be made possible by comparing those two forms of justice. Regarding the procedural guarantees, it appears that the parties are facing risks of a very weak importance. Arbitration is generally providing the same guarantees than state justice. Sometimes, they are even stronger : duty of disclosure, and reasonable time, for instance. However, the threats over the procedural efficiency are raising bigger problems : the arbitrator benefits from a liability regime far less favorable than the state judge. Moreover, arbitral tribunals' decisions do not constitute a case law. At last, arbitrators do not have any imperium merum powers. For instance, they cannot issue orders for the enforcement of their decision
Givens, John Wagner. "Suing dragons? : taking the Chinese state to court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a016f84a-3df8-4df7-88bb-4475372022f0.
Full textGodard, Lénaïc. "Droits des pratiques anticoncurrentielles et des pratiques restrictives de concurrence." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV063.
Full textThe purpose of the research topic is to study the relationship between Competition Law and Unfair trading practices Law. At first glance, these two parts of competition law stand out. The Competition Law is composed of a small number of general and permanent rules designed to protect competition on the market where the Unfair trading practices Law rests on a rather heterogeneous set of rules and evolves according to frequent reforms aimed at to protect competitors from abuses by their trading partners. Yet a rapprochement of these Law is perceptible. On the one hand, he intervened with the notion of company. Presented as the subject of the Competition Law, it gradually became the subject of the Unfair trading practices Law. On the other hand, a reciprocal interference of rights is emerging. In apprehending the abuse of economic dependence, the Competition Law impinges on the purpose pursued by the Unfair trading practices Law. The latter, because of a jurisprudential evolution conferring upon it an objective of protection of the functioning of the market and competition, also interferes with a purpose which does not devolve upon it. Evolutions then appear necessary in two respects. The first is to propose to reduce the competition law to the sole right of anti-competitive practices. The use of abuse of a dominant position or anticompetitive agreements already makes it possible to apprehend unfair trading practices. The refocusing of competition law is also an opportunity to rethink the rules relating to the regulation of prices that are unreasonably low.The second deals with a reconstruction of the Unfair trading practices Law. It is to become an Unfair practice between companies Law. This proposal elaborates on the changes made by Ordinance No. 2019-359 of 24 April 2019. A new positioning in the Commercial Code is suggested as a consequence of its exit from Competition Law. The design of a new law designed to regulate contractual abuses between companies is an opportunity to return to the links established with Contract Law. It maintains, with this one, links of complementarity. It is then necessary to reinforce the rules governing its implementation. A convergence with those that make up the Competition Law is envisaged because of the wealth of tools it contains. On the one hand, their spread within the Unfair practice between companies Law will be an opportunity to modernize the mechanisms of public action by providing procedures to facilitate the detection of abusive practices or strengthening the effectiveness of the repression. This is also reflected in the transformation of the CEPC into an authority with advisory and sanctioning powers. On the other hand, the Competition Law constitutes a source of inspiration for the elaboration of rules intended to favor the development of the actions in reparation due to an unfair practice between companies and takes shape on different levels: by the consecration of provisions to improve the articulation with the objective litigation, by the incorporation of measures simplifying the actions in repair
Ourigbale, Koué Stéphane. "Les pouvoirs de la Commission africaine des droits de l'homme et des peuples." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020042.
Full textThe protection powers of the African Commission give rise to various criticisms because of its non-jurisdictional nature. However, it has continued to expand its field of action and strengthen its powers of protection despite the creation of an African Court. The analysis of the factors of the rise of this body of control has revealed a double dynamic resulting from its relations with the States and its interactions with other actors of the African system. A first dynamic favoured the construction of powers specific to the African Commission through an operationalization of its advisory function and a ‘jurisdictionalization’ of its contentious function. A second dynamic consisted of a reconstruction of the powers of States around the idea of the inviolability of human rights and a rebalancing of the obligations and rights of the various actors of the African system for the protection of human rights. It has thus been shown that the African Commission has freed itself from certain structural and normative restrictions in order to give the necessary effectiveness to its mission of protecting human rights in Africa. As a result, it remains the main safeguarding body likely to enhance the effectiveness of the African system in a complementary way with the action of the other mechanisms. In reality, the effectiveness of the protection of human rights results less from the jurisdictional nature of the supervisory body or from the binding nature of the instruments in force than from the practice of the actors in the system and their ability to respect the protected rights
Forster, Ninon. "La responsabilité sans faute de l’Union européenne." Thesis, Paris 2, 2019. https://www-stradalex-eu.passerelle.univ-rennes1.fr/fr/se_mono/toc/RESFAUE.
Full textOften invoked in actions for damages before the Court of Justice of the European Union to overcome obstacles to the engagement of the European Union's extra-contractual liability, nofault liability is a vague concept whose definition, nature and very existence are contested. However, the study of this concept, based on the case law of the Court of Justice of the European Union, reveals an original Praetorian construction based on the influence of national laws on public liability. Liability without fault has acquired, with the judgments of the Court of Justice and the Court of First Instance, a consistency which makes it appear to be a legal category comprising several liability regimes in which proof of wrongful activity by the institutions of the European Union or its agents is not necessary to engage in non-contractual liability. However, no-fault liability is hardly an effective legal remedy available to individuals because of the judge's reluctance to expressly recognize it as a principle of extra-contractual liability and because of the rigorous interpretation of the conditions of its validity
Fortier, Carole. "Les tiers dans le contentieux arbitral des investissements internationaux : de l'intervention au recours direct." Thèse, 2013. http://hdl.handle.net/1866/10063.
Full textInternational arbitration has remained an exclusive domain sovereign states until, in the late 50s, came the first bilateral investment treaties (BITs). The main feature of these BITs is undoubtedly the right, granted to investors, to direct international arbitration against recalcitrant States, an alternative to often ineffective local justice. More recently, in 1998, the appellate body of the WTO went to accept the opinion of an independent amicus curiae in a dispute between State members. Today, the admission of such opinions is clearly provided for in several recent BITs. But if investors benefit from a right of action before a neutral international arbitration body, the situation is quite different for the local population, who is often affected by the presence of foreign investors on its territory. The right to submit an opinion cannot replace the right to legal action. This therefore raises one question: in the current context of international investment law, is it possible for third parties (non signatories of BITs and not parties to the dispute) are entitled to a remedy direct international arbitration? We are of the opinion that the answer to this question is: yes. And the context of investment arbitration, because of the right to direct arbitration against States already granted to investors, constitutes a fertile ground for the implementation of this right of action in favour of third parties. The objection based on the absence of the parties’ consent to such right of action has been set aside in many international arbitration cases where the scope of consent has been extended to include non-parties or to submit to arbitration matters not contemplated at first. Also, the objection based on the absence of legal standing of third parties in International Law proves to be theoretical as foreign investors already have access to international justice despite the lack of this quality. There remains to determine what substantial International Law will constitute a valid legal basis for a third party claim. We will see that there exists legal instruments and international principles and that their violation by States or investors may result in the obligation to compensate the prejudice suffered, as well as it is possible to clearly define and indentify who the third parties could be.
Rocksborough-Smith, Ian Maxwell. "Contentious Cosmopolitans: Black Public History and Civil Rights in Cold War Chicago, 1942-1972." Thesis, 2014. http://hdl.handle.net/1807/65735.
Full textJebousek, Jakub. "Změny v osobách účastníků řízení v nalézacím řízení sporném." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-411473.
Full textSpěváková, Kristýna. "Účastníci sporného řízení." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-369166.
Full textBeroušková, Monika. "Druhy civilního procesu." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-369147.
Full textXie, Yunping. "From social movements to contentious politics a comparative critical literature review across the U.S. and China." Thesis, 2014. http://hdl.handle.net/1805/3814.
Full textThis thesis is a critical literature review on the studies of social movements and contentious politics in the U.S. and China. Thanks to theories of contentious politics, we can analyze the studies of America’s social movements and China’s collective actions in the same “frame.” By making a comparison, this thesis tries to construct a theoretical dialogue between the studies across both countries. At the same time, it criticizes over-generalizing the mode “democratic-nondemocratic” in analysis of repertories of contentious politics and downplaying capitalism’s role in the social movements. From the various empirical studies in both countries, this thesis argues that a generalization should be based on the diversity of this realm, not just from the western perspective.
Holanová, Linda. "Dokazování v civilním sporném řízení se zaměřením na zásadu projednací." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-397108.
Full textKabát, Jakub. "Vybrané otázky dokazování ve sporném řízení." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-351377.
Full textFejfar, Jindřich. "E-GOVERNMENT A E-DEMOCRACY NEBOLI OPEN SOURCE VLÁDNUTÍ." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-321950.
Full textSladká, Hyklová Jana. "Nezletilý v civilním procesu." Doctoral thesis, 2012. http://www.nusl.cz/ntk/nusl-326949.
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