Dissertations / Theses on the topic 'Contractualisation'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Contractualisation.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Dion, Fabrice. "Contractualisation et emploi public." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020023.
Full textThis research consists in a study about the most appropriate status for civils servants and more generally, people who work for public utilities. It appears that it is a twofold question: first, it might be possible that every worker could have the same status created by a contract or an administrative decision. Secondly, an other system could be enacted, the coexistence of a special status for some of them, and a contract for the others. If this second option is chosen, the question is which kind of harmonisation between the status and the contract. The aim of this thesis is to answer to these questions. The first part is an analysis of the conditions of the work of the people who are linked by the public administration with a contract. They are called “contractuels”. The notion and its regime are analysed (especially, the condition of the recruitment and the career of these workers). The second part of the thesis consists in a larger study. Because of the logic of competition and performance, and under the influence of Europe, public utilities have changed. Their missions are different. So the status of the people who work for these services has changed too. This new status is a mix of contract and traditional administrative rule. A new kind of management and a new public law appear. The differences between civils servants are less and less important and, in the same way, their similarities with workers from the private sector are more important
Tiquant, Olivier. "La contractualisation des procédures collectives." Paris 1, 1999. http://www.theses.fr/1999PA010305.
Full textDonnette-Boissière, Anaëlle. "La contractualisation en droit du travail." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10032.
Full textContracting is an often met trend in several fields of law and this PhD work aims at checking its relevance and making its impact clear in labour law. Contracting is the expression of a dynamics of creating a standard by contract and covers two facts in labour law. First of all it means contracting in individual relationships at work. The standard position of individual employment contract has to be reevaluated, especially under the spur of legal precedents. It has to be done because contractual standard has been developed compared with statutory standard and the employer's power. However, it seems that this dynamics has reached its maturity and besides, it is important to accept its limitations and supervision, considering that the first aim in labour law is protection, which must be guaranteed. Yet, contracting also means contracting of labour law. So, the standard function of collective agreement goes through a deep change. There is actually an increase of conventional standard facing state standard. This real and powerful dynamics should benefit from a better understanding and a proper control. Its legitimacy and pereenniality depend on it
Monteillet, Vanessa. "La contractualisation du droit de l'environnement." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD025.
Full textEnvironmental law is a relatively young law. Due to its natural filiation to public interest, it was exclusively governed by the public authorities. But today, while "everyone has the duty to participate in the conservation and in the improvement of the environment" (article 2 of the Charter for the environment), it could not remain quartered in the realm of public law. The contemporary trend to the law contractualization, crossing lots of branches, concerns environmental law which draws from it the resources of its deployment. To this end, speaking about "contractualization of the environmental law" covers two realities. It is, at first, to notice that environmental law moves into the contract, whether it is a question of diversifying its environmental object or of letting proliferate environmental obligations there. The strategy is simple. Environmental law takes place in the contract. And the contract, like a Trojan horse, makes it penetrate the enclosure of the interpersonal relations. Like a vehicle for dissemination of environmental law, the contract becomes one management tool favoring its reception by individuals. It is, then, to notice that the contract acts on environmental law. In this connexion, the contractualization overlaps, for one part, the hypothesis of the negotiated law carrying a collective dimension in the elaboration of the law, and for another part, that of the spontaneous law revealing the normative potential of the individual contract. A profound structural transformation of environmental law is at work, putting the foundations of an ecological public order, the architecture of which slides "from the pyramid to the network". Such a change of face comes along with a change in philosophy, towards a sustainable development law. But it is more in the support of a sustainable development of environmental law that the dynamics of contractualization will find its relevance. In the contract and by the contract, environmental law expands: it shines and it stands out, ready to take up the challenge of its "modernization"
Exbrayat, Jennifer. "La contractualisation en droit des personnes." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10041/document.
Full textThe contractualization in person law is a complex phenomenon which can be tough to apprehend. It would be stereotypical to point out the apparent opposition between contracts and person law, as if the very existence of the phenomenon would seem, at first glance, necessarily out of the question. However, further analysis reveals that, on the contrary, the contractualization is not a sweet illusion, an utopia, but actually a dynamic and growing truth.Firstly, it is interesting to underline the increasing promotion of the role of free will in person law showing that the concept of ‘imposed right’ has gradually decreased, at least in its traditional aspects, leaving in its wake the emergence of ‘negotiated rights’. Therefore, it is the observation of the existence of a necessary heteronomous interference in the field of agreements which has to be led, invinting in a new analysis of the common sense that can be seen in the principle of free will. Thus, the study of the phenomenon of contractualization leads one to further pursue the analysis of the terms of the principle of free will, revealing beyond that the agreements are legally enforceable, contracts. Second, it’s the study of the anthropocentrism of the contractualization which must be purchased. In this regard, the use of the principle of respect of human dignity must be highlighted, due to its tendency negatively, to show itself as an obstacle to contractual wishes, and then, positively, it appears like a provider of rights in favor of the vulnerable contractor, in accordance with general scheme
Dudit, Carine. "La contractualisation du droit de la famille." Nantes, 2009. http://www.theses.fr/2009NANT4018.
Full textRuled by law and order for a long time, family was instituted by law and organized by legal status. Individual wills and contract had a tiny place in family links. This situation was justified by disparity between wife and husband and group prevailing upon individual. Husband and wife equality, glorification of rights and individual liberties, relaxation of moral standards paved the way for contract in family relationship and also in family link institution. Legal status and institution are fading away but not vanishing. Increased part for contract, decline of a restrictive law and order in favor of a protective one, rise of justice intervention are main guides for analyzing family laws of 21st century
Filippone, Corinne. "La contractualisation des droits de la personnalité." Paris 1, 2001. http://www.theses.fr/2001PA010318.
Full textRaizon, Hélène. "La contractualisation du droit moral de l'auteur." Thesis, Avignon, 2014. http://www.theses.fr/2014AVIG2041/document.
Full textThe work is the reflection of the personality of the author. From this, nothing may be legitimately dissociated or changed from the spirit of the original. To this end article L. 121-1 of the Code of intellectual property shews in its third paragraph that the moral right of the author of a work of the intellect is inalienable, in that contractualisation would seem to be excluded. All the same, the study of contractual practises shows, in reality, that the right of authorship as well as the rights in respect of the work, both of these constituant prerogatives, are often the subject of contract. Therefore one may deduce that it may be seen as a contractualisation of the moral right. Often this only operates in an indirect manner, as in a surrender of these rights of the author as in, perhaps, the sale of the work ; or by application of the common rights of contract
Prévet, Antoine. "Incitations et contractualisation dans le secteur public." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01E014.
Full textThis thesis focuses on the structural specificities of the public sector and how they impact incentives and performance. It uses the microeconomic tools of contract theory and econometric analysis. Among these characteristics, special attention is paid to monitoring, information management and budget constraints by applying a theoretical lens, that allows to provide new insights into the incentive systems in place in the public sector. The first chapter contributes to the debate on transparency in the public sector by considering one of its major features, i.e. a limited budget. This issue is studied as an information design problem and employ a principal-agent model with moral hazard to show that if the principal has to choose between total transparency and total opacity, then transparency is more likely to be optimal when tasks are least valuable and budgets are lowest. The second chapter aims at capturing a new theoretical explanation for the widespread intuition that more bureaucracy could lead to less effort and quality despite improved control. To that end, the idea of “the extra mile” is introduced in a classic principal-agent model with moral hazard. Bureaucratic management is characterized by the use of procedures, defined as the association of codification and verification. A procedure allows for more accurate verification of the agent’s action, but is socially inefficient. In the third chapter, using both theory and regression analysis, we propose a new explanation for price differences in the French water industry based on organizational arguments
Gottsmann, Julien. "La politique de contractualisation dans le secteur hospitalier." Paris 8, 2002. http://www.theses.fr/2002PA082156.
Full textThe contractualisation's policy can be defined as a way of running an administration through which the objectives and results are agreed upon by those in charge of day to day operations and the directing body. This policy first appeared in the french administration towards the late 1960's but it has, only recently, made great progress in the health service. This Ph. D. Thus proposes to describe and give a legal analysis of this new policy. It will especially focus on two main aspects : first the multiyear contracts of financial means linked to precise goals that are passed between the hospitals and the local health authorites (agences régionales de l'hospitalisation) ; secondly, the contracts signed, within the hospital, between the directing body on one side and its different units on the other. These two new possibilities (art. L. 614-1 to L. 614-3 and L. 6145-16 in the new public health code) were created by the special law nʿ96-346 of April 24th 1996. The first part of the present study focuses on the history, the motivation and structure of these two contracts while the second part is devoted to a review of their method in different hospitals, six years later. It intends to discuss what problems have been encountered, specially on a legal level, as far as the definition of contracts, the actual extent of the devolution of powers, the possibility of the outcome of conflicts are concerned. Eventually, several recommandations are offered to hospital directors in order to make the most of this new policy
Dionko, Maoundé. "Contractualisation et performance du système de santé au Tchad." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_dionko_m.pdf.
Full textAfter several years of civil war and economic recession and despite the implementation of various strategies related to healthcare, the improvement of Chadian healthcare system remains one of the weakest in Africa. There are four main causing factors: insufficient healthcare infrastructures, poor healthcare organization as well as quantitative and qualitative insufficiency in healthcare staffing and lack of equipment. Vis-à-vis this incapacity of the public healthcare system to meet the needs of the populations, the government has decided to implement contracting as an instrument in order to improve the performance of the healthcare system. However, the contractual process has some backdrops that the partners believe to know exactly what is in store. Yet, in reality, they generally don't "find out” what they signed until there is a disagreement. That is why this new healthcare policy seems an excellent factor for the improvement of the performance of the healthcare system if only some legal issues are addressed. Because, if the contractual process has been until now considered as a management instrument in order to improve the performance of the healthcare system in Chad, this one could not be freed of some fundamental provisions which define the public character of its action. It can only improve in an already set legal framework that has structured the institutions, and by the same token distributed the tasks and roles, structured the authority, improved possibilities of control as well as of protection
Gatti, Laurence. "La contractualisation, mode nouveau de protection de la personne." Thesis, Poitiers, 2015. http://www.theses.fr/2015POIT3004.
Full textThe tutorship contractualization may be seen as an artifice weakening the individual protection and exploiting the law of contract.That movement actually provides a feeling of freedom and safety that might be illusory. The defects of this new civil contract, the mandate of future protection, are a danger for some vulnerable people, while the support contract, a management support tool, carries the mark of social control.Texts that result from the legal protection of adults reform establish new types of protection, which are theorically remoted from the traditionnal view of contract, and practically source of questions, if not of worries.These contracts, as long as their legal qualification is not questioned, can be analyzed from the angle of their similarities with relational contracts. Their singularity accounts for their own legal regime
Mhiri-Abid, Henda. "La contractualisation de l'action administrative en France et en Tunisie." Angers, 2013. http://www.theses.fr/2013ANGE0062.
Full textIn a comparative perspective, this PhD dissertation deals with the french and Tunisian experiments of contractive and administrative actions. The French contractualization included three phases: the contractual economy, the territorial Administration and the "all contractual". The first phase is present in the laws and practices of the Tunisian experience. The territorial Administration is lacking in Tunisia because of the limitations of decentralization and the breach of contractual freedom of local authorities. Unlike in France, the contract in Tunisia does not extend to the royal domains. That is why I proposed to retain a phase which I call the "era of the partial contract". The contractualization movement of relationships between public persons and private people was renewed in both countries with the notion of public-private partnership. The public-private partnership mobilizes delegation contracts and public procurements. In addition, public-private contracts are specific to France and extend the contractual field of administrative action, but it does not exist in Tunisia. That said, the public-private partnership agreements still develop in concession contracts, the digital economy, within the scope of land intervention perimeter, environmantal protection contracts and contracts of BOT, BOO, BTO and LBO. However, if the advances of contracting are irresistible in law and in practice, it is limited in both countries. The risk of legal security in one of the main limitations of contracting. This includes the issue of legal status of contracts between public persons, the reclassification of some contracts between public persons and private people, the contract unilatera
Le, Sommer Nicolas. "Contractualisation des ressources pour les composants logiciels : une approche réflexive." Lorient, 2003. http://www.theses.fr/2003LORIS023.
Full textLevesque-Glasson, Christilla. "La contractualisation interne : contribution à l'étude de la normativité contractuelle." Montpellier 1, 2000. http://www.theses.fr/2000MON10075.
Full textHuglo, Benjamin. "La contractualisation des relations entre l'Etat et les collectivités territoriales." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020037.
Full textThe development of contractual technique between the State and local authorities in France is an opportunity to reflect on the evolution of their relationship. The contractualisation of relationship between the State and local governments (territorial contractualisation) has become the symbol of an unfinished decentralization, halfway between a model based on principles of the Jacobins and another model based on partnership or the idea of co-administration. Territorial contractualisation appears as anopportunity to transcend this difficulty. It is based primarily on the implementation ofsoft law techniques, as administrative agreements, even if the legal recognition is not currently accomplished. This circumstance is likely to mislead the territorial contracts for an instrument additional supervision for the benefit of the State. The territorial contractualisation is thus diverted from its original purpose : to organize the state - local government relationship in a new context. Indeed, the crisis of public finances associated with an unprecedented political and legal globalization requires a major adaptation of French institutional structures which remains the linchpin state - local government relationship. Territorial contractualisation appears to be the only tool able to absorb all of these new settings to build a state - local government relationship with the principles on which it is supposed to be based
Mahyaoui, Youssef. "Etude juridico-économique de la contractualisation dans le système de soins." Paris 7, 2003. http://www.theses.fr/2003PA077224.
Full textCervetti, Pierre-Dominique. "Du bon usage de la contractualisation en droit de la propriété intellectuelle." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1023.
Full textThe contractualization is a contemporary trend which crosses numerous branches of the law. As a process of regulation, it implies the participation of the stakeholders in the elaboration and the evolution of the law. This thesis aims at verifying its relevance and determining its impact in intellectual property law, domain dominated by the law and order, but subject to a deep loss of legitimacy. Reflecting a withdrawal of the law and order and a real dynamics of rule-making, the contractualization covers two levels. First of all, in the contractual relationship, the contractualization allows the holder of a subjective right to negotiate the exercise of its individual prerogatives and to confer a certain freedom and power to act that he can practice instead of his cocontracting party. In this case, the contractualization is presented as a vector of subjective rights. Then, in the upper level, the contractualization appears as a new mode of regulation. The stakeholders are associated to the elaboration of the law, either by delegation, or by incentive. This additional contractualization intends to produce private standards basing quite at the same time on the idea of flexibility and voluntary consent. These private standards will finally be received in the legal order assuming that they realize a balance between the economic utility of the proposed arrangement and the social value carried by compulsory rule. In this second prospect, the contractual standard appears as a legal model which should be encouraged, halfway between the spontaneous legal rule and the negotiated legal rule
Clerson-Guicherd, Frédérick. "De la contractualisation du système laitier suisse, des leçons à en tirer." Master's thesis, Université Laval, 2014. http://hdl.handle.net/20.500.11794/25328.
Full textThe Swiss dairy sector ended its quotas of production in 2009 after 32 years of supply management. A policy of mandatory contracts between manufacturers and producers then took place. The producers regroup, sometimes with a manufacturer, to help in negotiation and in the deliveries. The passage of regulation policy, supply management, to a coordination policy, mandatory contracts, raises the issue of the capacity of the policy to achieve the goals set by the government and the requests of the industry. Thus, using semi-structured interviews and a review of the literature and the markets, it has been observed that the goals of institutions have been achieved. For the manufacturers, their requests seems to have been completed, unlike the producers’. Based on these results, it appears that a mandatory contract policy should include monitoring mechanisms and enforcement.
OUSMANOU, SADJO. "Les conventions relatives au proces contribution a l'etude de la contractualisation de la justice." Rennes 1, 1997. http://www.theses.fr/1996REN11030.
Full textDu, Jardin Laurent. "Un confort sous-estimé dans la contractualisation des groupes de sociétés : la lettre de patronage /." Bruxelles : Paris : Bruylant ; LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb39138466c.
Full textOuabdelmoumen, Nadia. "Contractualisation des rapports sociaux : le volet linguistique du contrat d'accueil et d'intégration au prisme du genre." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20053/document.
Full textSince the adoption of the law on immigration and integration on July 24, 2006, any person applying for residency in France has the legal obligation to sign the Accommodation and Integration Contract (CAI). This contract notably subordinates the issuing or the renewal of a residence permit to the completion of language tests and/or trainings. In this context, a link is explicitly established politically between the necessity of this Foucaldian apparatus and the importance of the “equality between women and men” principle, presented as a fundamental base of the “French integration ideal”.In this thesis, a fieldwork-based account of the implementation of these “offered-required” linguistic trainings demonstrates how the French teaching-learning contract is the place of the incorporation and reactualization of the consubstantial gender and social “relations” (rapports sociaux).In this case of cultural and linguistic institutional prescription, the problematizations and interpretations of the gender and social re-actualization processes are articulated with an analysis of the contexts and principles that trigger the realization of the contractual apparatus : sexual equality, the construction of opposition in immigration (“chosen vs. suffered”), employment activation policies, autonomy, equality of chances, work, diversity, etc. This will take us to consider the contractualization of social “relations” (rapports sociaux)
Monin, Philippe. "La contractualisation formelle et psychologique entre les membres du noyau stratégique des filiales communes internationales égalitaires." Lyon 3, 1998. http://www.theses.fr/1998LYO33021.
Full textVentroux, Julien. "Aide à la maîtrise des risques liés à la contractualisation et l’exécution d’un projet complexe pétrolier." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLC077/document.
Full textIn the context of highly outsourced oil projects, it was requested to modify the process and the organization of the risk management related to this subcontracting in the project in contracting and execution phase, while reducing risks Incremental costs and delays in initial planning that occurs after the contracts are signed. The current contract types are defined in a static way for the purposes of parameters and contract parameters. However, risks can arise during the contract development process, with the far more serious consequences that occur during the performance of the contract. Are the types of contracts currently in use still adapted to the current context?Since the project consists of several contracts and a multi-stakeholder contract, there is a multitude of interactions between stakeholders. They take place inside a contract, but also in contracts and can be produced with synchronic or asynchronous synonyms. We propose in this paper a new approach and means to: help decision-makers anticipate the risks associated with interactions (at a level of detail focusing on contracts and contractual strategy), reduce risks associated with multi-phase interactions, Multi-domain and in particular multi-actor.Finally, the dissertation will be concluded by an industrial and academic conclusion also explaining the prospects to be given
Ventroux, Julien. "Aide à la maîtrise des risques liés à la contractualisation et l’exécution d’un projet complexe pétrolier." Electronic Thesis or Diss., Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLC077.
Full textIn the context of highly outsourced oil projects, it was requested to modify the process and the organization of the risk management related to this subcontracting in the project in contracting and execution phase, while reducing risks Incremental costs and delays in initial planning that occurs after the contracts are signed. The current contract types are defined in a static way for the purposes of parameters and contract parameters. However, risks can arise during the contract development process, with the far more serious consequences that occur during the performance of the contract. Are the types of contracts currently in use still adapted to the current context?Since the project consists of several contracts and a multi-stakeholder contract, there is a multitude of interactions between stakeholders. They take place inside a contract, but also in contracts and can be produced with synchronic or asynchronous synonyms. We propose in this paper a new approach and means to: help decision-makers anticipate the risks associated with interactions (at a level of detail focusing on contracts and contractual strategy), reduce risks associated with multi-phase interactions, Multi-domain and in particular multi-actor.Finally, the dissertation will be concluded by an industrial and academic conclusion also explaining the prospects to be given
Lagarde, Pauline. "Le phénomène de contractualisation au sein de la fonction publique : Analyse comparée entre la France et l'Espagne." Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0114.
Full textPublic administrations use contracts more frequently as part of the implementation of public policies at the expense of unilateral acts. This trend is becoming commonplace, the usage of contracts are to satisfy needs, but are considered traditional, such as for recruitment and the management of public officials; this is the "contracting phenomenon". This finding is more evident in Spain than in France where contracts occupy a prominent place in professional relations, authorities are free to decide case by case between recruitment by competition or by contract. To arrive at this observation: this phenomenon is widespread within the French and Spanish public functions, we should return to the double influence of the European Union laws and the labor law. In parallel, the number of non-permanent staff have increased which raises questions about the legal nature of the contract concerned, whether for a fixed or indefinite period; on the rights and obligations of the agent involved and their place against the statutory civil servants; uncertainties in case of non renewal ofcontracts and insecurity caused by these situations. However, it is the success in a national entry examination that determines the entry into public service; this phenomenon is not with holding the right of the public service. There are questions about the existence of a "status" but also, more profoundly, discussions about the essential foundations of public service. Therefore the comparative analysis of the systems used by both countries is to bring out contemporary questioning that upturns the legitimacy of the institution of the public service today
Tibermacine, Chouki. "Contractualisation de l'évolution architecturale de logiciels à base de composants : Une approche pour la préservation de la qualité." Phd thesis, Université de Bretagne Sud, 2006. http://tel.archives-ouvertes.fr/tel-00512361.
Full textMichalletz, Marlie. "Les relations des caisses de sécurité sociale avec l'ensemble des entreprises : contribution à l'étude d'un processus de contractualisation." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020069/document.
Full textSocial reorganisation, the « securing » of career paths, easing recourse toward fixed-term contracts, « flexisecurity »... All eyes are on labour law. Its supposed rigidity is denounced as a brake upon employment whereas social security law is paid little attention despite it being of considerable importance. Better relations between social security offices and employers would benefit everyone. Businesses would become partners of varying social organisations. Such agreements could give rise to greater flexibility and competitiveness. A reorganisation of the social security system, although postponed for a long time is now inevitable and is currently being considered. The threshold of three million unemployed has been reached while restructuring plans multiply. The reflections of the working group on the competitiveness of the French economy should be intersected with those entrusted to the High Council for the financing of social security. Proposing scenarios which «pose less risk to work » will determine the sustainability of our social security model
Houenou, Emmanuel Sèmassa. "La contractualisation du droit des sociétés : l'ordre public à l'épreuve de la liberté contractuelle dans les sociétés commerciales de l'OHADA." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D022.
Full textSince the Uniform Act on General Commercial Law came into force in 1997, the public policy nature of the rules enacted has been questioned by practitioners and doctrine. All the provisions of this uniform act were declared mandatory by the legislator who made the difficult choice of diverting the contemporary trend. Indeed, one of the most significant developments in company law since the end of the 20th century is the move towards a flexible law in which the will of the shareholder is prominent. A reform of the Uniform Act on General Commercial Law then became necessary in order to allow the use of contractual mechanisms and adapt OHADA company law to the needs of shareholders.Yet since the law reform in January 2014, scholars are not unanimous on the extent which the OHADA legislator has stretched contract in company law. Thus, while some see the reform as a triumph of contractual freedom, others see it as a mere boost in party autonomy uphelding the same rigid law exclusively made of non deregatory rules. As such, it was appropriate to assess the scope of contractualism in OHADA company law as well as the effectiveness of the related contractual mechanisms. Focusing on a substantial analysis of existing laws, this contribution shows a real decline of public policy in company law and a deep flexibility in the legal regime of companies hitherto for their rigid institutional character
Fares, M'hand. "Contrats incomplets, cadre de renégociation, et incitations à investir : une application à la contractualisation dans le secteur gazier libéralisé nord-américain." Paris 1, 2000. http://www.theses.fr/2000PA01A056.
Full textDruetz, Thomas. "La contractualisation de compagnies militaires privées dans la guerre - Retour à l'utilisation des mercenaires ou nouvelle configuration de l'exercice de la violence légitime?" Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26779/26779.pdf.
Full textBreton, Éléanor. "La raison du territoire départemental : la contractualisation comme instrument de revendication d’une juridiction territoriale par les conseils généraux : le cas d’un conseil général (2001-2015)." Thesis, Paris, CNAM, 2019. http://www.theses.fr/2019CNAM1276.
Full textThis thesis concerns the “contractualization” of subsidies set up by the Departmental Councils to co-finance the projects of local infra-departmental authorities. These policies of territorialisation of public action are part of the dynamics of recomposition of power relations between local authorities. Based on a case study, the thesis shows how local contractual arrangements were constructed and implemented from the 2000s as instruments to enable the Departmental Council, weakened by the reforms of local institutions, to exercise control over its territory. The creation of rules, work organisations, knowledge and statistical and cartographic tools contributes to structure a “reason of the departmental territory”. These resources provide the Departmental Council with new support that allows it to assume the role of "expert prescriber" of spatial planning of its territory. The processes that contribute to the claim of this territorial jurisdiction by the Departmental Council are empirically captured from the analysis of the multiple material and ideal investments it involves and the political-administrative relations that shape it. This actor-level approach makes it possible to highlight the interdependence relationships and asymmetries that structure local political relations and to understand the limits of such an undertaking. The thesis is at the crossroads of a sociology of public action "in the making" and a sociology of political and administrative work. It questions what instruments of governance, such as contractual arrangements, and the attempts at political control they contain can teach us about contemporary forms of local government and the territorial embedding of power
Armbruster, Néda Bracq Stéphane. "L'impact du droit communautaire sur les relations entre l'Etat et les entreprises chargées d'un service d'intérêt économique général vers une contractualisation des obligations de service public ? /." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/intercomm/armbrustern06.pdf.
Full textMeireles, Renata Nadalin. "Interação público-privada no ambiente urbano: uma análise dos instrumentos jurídicos." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-21012015-083549/.
Full textThe well known division between public and private law, classical in romanistic legal systems, has suffered considerable challenges due to its insufficiency to explain issues that may not be included in one or another side. As a consequence, private and public are more and more integrated which demands from jurists and legislators the creation of new categories and instruments or even the change of interpretation of old conceptions. Urbanism, on its turn, is a fertile soil in offering examples of the integration between private and public, since the environment of the city is rich in manifestations of the most diverse interests, which, more and more, are being accepted and considered by the legal orders. In this scenario, this essay aims at demonstrating how the urban environment frequently challenges the rigid division between public and private and thus will be dedicated to analyze (i) the mechanisms of joint participation of public and private players in the definition of public policies of urban issues; and (ii) the contractual instruments understood broadly widely used to the implementation of urban projects.
Gillot, Amélie. "La compétence en droit administratif." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010285.
Full textThe term « jurisdiction » is commonly used in administrative law. However, even though we may find several records on the jurisdiction allocation matter, the competence issue itself is not often treated. The purpose of this thesis is to highlight the interaction between jurisdiction and administrative Jaw. The first part analyzes its original influence over administrative law, by defining jurisdiction and how it's related to power, jurisdiction allocation, capacity, knowhow, sovereignty, institutionalization, ownership, public authority prerogatives, objectivity and empowerment. As a « will power framed by the law », the jurisdiction has two inseparable facets, which are the power to act and the determination of the material scope, thus building the outline of administrative law. The second part of the thesis is devoted to the interplay of administrative law and jurisdiction, analyzing jurisdiction within the mutations of this branch of law. Changes in the relationship between the State and local governments, the debate opposing the general competence clause and specialization, the development of contracting, the emergence of dynamic jurisdiction allocation techniques such as delegation, experimentation or subsidiarity, as well as the debate on effectiveness and flexibility allow to renew the jurisdiction approach. The close relationship between administrative law and jurisdiction is thus put into the spotligh.t, showing the major interlocking that binds them and allows the conclusion that administrative law is the law of jurisdiction
Perrier, Maëlle. "Le recours au contrat en matière de police administrative." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30112.
Full textContract and police may be incompatible. The contract is an accord of volition which creates legal commitment. Policy is one of the most important public authorities. From 1932, the administrative judge asserted a general principle of prohibition of using contract to delegate policy missions. In 2011, the constitutional judge asserted a principle which bans delegation of policy missions. At the same time, there is a development of contract as a new method of management. So, the principle of prohibition is underquestioned. The classical schedule is upset and a modernization of legal concepts is necessary
Schmeidler, Jasmin. "La protection des créanciers dans les fusions internationales de sociétés : droit international et comparé." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020088.
Full textOnce an inexistent phenomenon, international mergers are now a widespread reality. They present numerous risks for different categories of persons, such as corporate creditors. The creditors are confronted to specific risks when their corporate debtor merges with one or several corporations coming into the competences of different national laws. Their protection is therefore necessary. However, there is no international uniform protection of corporate creditors and the existing protections are depending on different national laws. The application of national regulations on international corporate mergers is at the origin of a limitation of the protection. The recourse to the conflict of laws mechanism is a factor of legal uncertainty and may lead to protection losses. Moreover, the designated national laws are ignoring to a large extent the specific risks of international mergers and contain variable protections. Within the framework of litigation, the determination of international jurisdiction is not easy. The merger is likely to lead to the modification of the initial jurisdiction and to confront the creditor to an inexistent corporate body. Therefore, a strengthening of corporate creditors’ protection has to be established. In order to reach that objective, the contractualisation of the protection or the enactment of a new regulation are two solutions. While the resort to material law rules has to be recommended, it cannot be exclusive. Indeed, a uniform material regulation is a way likely to be qualified as utopian. Consequently, the combination of material law rules and conflict of law rules is a substitute enabling to better conciliate the needs of creditor protection and corporate concentration. In addition, the contractualisation of the protection is enabling to adapt the protection to the needs of each creditor. It is consequently a method allowing to strenghthen the basic protection established by the regulation on a case by case basis
Camozzi, Armel. "Recherche sur les contrats de la commande publique à objet de développement durable : contribution à l'évolution du droit de la commande publique." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1031.
Full textPublic procurement and contribution to sustainability come, seemingly, from two distinct logics. On one hand, public markets function to meet the needs of public citizens. On the other hand, contribution to sustainability is traditionally dependent on legal, and not contractual, acts. However, public citizens increasingly use public procurement contracts to affect public policy on sustainability.This research identifies this phenomenon and shows that these contracts relating to sustainability are similar to a modification of the function of public procurement. Subsequently, they become instruments of environmental and social action for public citizens. This major change in the function of public buying is reinforced by the communal directives on public markets dated 26th of February 2014 and is recorded in the renewed definition of the domestic market. The success of this evolution necessarily implies a need for it to be accompanied by a legal reform in order for the complete efficiency of this opening up of public procurement to sustainability policies to be reached. Furthermore, this research will show that this regeneration of public procurement goes further than sustainability and reaches more widely into the sphere of other public policies. The whole body of public procurement law is as such affected
El, Khatib Nadine. "La contractualisation de la gouvernance d'entreprise face à l'évolution des réseaux contractuels interne et externe à la société anonyme cotée : étude comparative entre le droit français et le système anglo-américain." Rennes 1, 2012. http://www.theses.fr/2012REN1G047.
Full textThe recurrence of financial scandals since the 1970s have demonstrated the failure of the vertical mechanisms implemented to impose Corporate Governance rules using the disclosure based model. The reason for this failure is related to the evolution of the public limited incorporated joint stock company, that led, in turn, to the evolution of corporate governance problems. These problems have always been limited to the agency conflicts between shareholders and managers and to the conflicts of interest among internal stakeholders. Today, corporate governance problems are mainly related to the external stakeholders network of the company. The 2000-2001 scandals as well as the Subprime crisis have shown that the external contractual stakeholders such as bankers, lawyers, external auditors etc. Have played a major role in causing the companies involved to collapse. Since the contractual external stakeholders are gaining more power to affect the rights of internal stakeholders; and since the internal stakeholders network has a contractual basis, and finally because the contract is gaining a larger place in organising internal realtionships in the company such as through shareholders agreements, imposing corporate governance rules through contracting might be considered a better solution. The idea is to use the genius and skills of contract drafters to the benefits of corporate governance in order to strengthen the bargaining power of all internal and external stakeholders and allow them to insert corporate governance principles in their contracts
Cabeleira, De Araujo Monteiro de Castro Melo Noemy. "Le contrat au service de l’intérêt général : enjeux transnationaux." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020001.
Full textThe study of the use of contracts for the benefit of general interest in the transnational sphere reflects the expansion of contractualisation in contemporary societies as well as the search for new legal instruments likely capable of guaranteeing the promotion and respect of general interest in cross-border relations. The coverage of general interest concerning, for example, human rights, environmental protection, social issues and the fight against corruption acquires a transnational scope because of the magnitude of global problems as well as the difficulty that public and private international law have in providing an appropriate response to these questions. The contract thus emerges as an instrument of governance for public and private actors. Moreover, contractual governance reveals atendency in thinking law within a pragmatic approach specific to "transnational law" inwhich the analysis is centered on the effects of the norm and its implementation by its recipients. The first part of this work analysis, the movement of integration of general interest in the contract. The promotion and effective protection of the contractualized general interest depends on the framing of the principle of freedom of choice expressed in these contracts. Contract Law (national and international) provides interesting instruments and also take into account the transformations found in the function of contracts, this is analyzed in detail in the second part of the thesis
Fieschi-Bazin, Élisabeth. "Les outils de régulation de l’offre en matière sanitaire et médico-sociale : les apports et prolongements de la loi HPST." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40063.
Full textThe HPST Law (Hospital, Patients, Health and Territories), adopted on the 21st July 2009 and the texts which followed her, profoundly changed the regional system of governance of the offer in health, renewed end perfected its legal equipment. This “micro-legal” study examines the regulatory tools of the sanitary and medico-social offer, introduces their modifications, analyses their logic and the challenges lifted by the realization of the objective of this reform : improve the efficiency and the performance of the offer in health.A reform of the governance tools : based on a global and unified regional power, on sequenced processes of dialogue to rationalize the interventions of all the actors of the regional system of health. A reform of the tools of control, to improve the selection criteria of the offer and the evaluation of its efficiency. A consecration and development of the contractual processes to rationalize the allocation of the public financing, give responsibilities to the producers of care and adapt the offer in health. A development of the tools of cooperation, to reform the public service and the public hospital, to reorganize the medico-social offer, to change the practices of the healthcare professionals and to develop a new public vision of the offer, structures around the primary care.This Analysis reveals an ambitious and complex system, a reinforcement of the role of central government but also recourse to neoliberal table
Rossi, Charlotte. "La subjectivité dans le divorce." Thesis, Corte, 2021. http://www.theses.fr/2021CORT0007.
Full textSubjectivity is unique to everyone and calls for the sensitivity of the individual. But what is subjectivity in divorce? While its interest is debated, this thesis aims to determine its outlines and demonstrate its necessity. The expansion of individualism does not spare family law. The dissolution of marriage is privatized and the subjectivity inherent in marital breakdown mutates. The objectivization of the dissolution of the matrimonial union initiated by the legislator operates a shift of this subjectivity from the judge to the spouses. Approached as an instrument, subjectivity in divorce is multiple and can have peaceful or conflicting repercussions. Like its object, its forms and effects are variable. The perceptions of the judge and the spouses are different and do not necessarily relate to the same elements of assessment. Therefore, the degree of subjectivity allowed is assessed differently. It also fluctuates between spouses, particularly in the event that divorce is desired by only one of the spouses and suffered by the other. The holders of subjectivity in divorce change, and its purpose may differ. Without being ruled out when settling its effects, this subjectivity very often relates to the cause of the breakdown of the marital bond. If the latter seems excluded from the legal texts, its assessment cannot be obscured in practice. These remarks aim to demonstrate that the objectivization of divorce, without completely destroying the subjectivity of the judge, reinforces the subjectivity of the spouses. But if a part of subjectivity is significant and necessary in the context of divorce, its supervision remains essential in order to avoid abuses and protect the weaker spouse and the best interests of the child
Lassalas, Marie. "Effets des standards environnementaux sur les exploitations agricoles." Electronic Thesis or Diss., Rennes, Agrocampus Ouest, 2023. http://www.theses.fr/2023NSARE066.
Full textThis PhD thesis aims to investigate whether environmental standards may incentivize farmers’ adoption of environmental practices. First, it explores the effects of adopting environmental standards on the agronomic and economic performances of farms. Second, as voluntary adoption of environmental practices can be influenced by factors beyond purely economic interests, I examine the attributes of farming contracts that can encourage the adoption of environmental standards. Last, as in recent years, public policies have increasingly included standards to achieve their objectives, I analyze the impact of integrating environmental standards into public policies on farmers' practices. We show that organic farms operate under a lower production frontier than conventionafarms but they are efficient regarding their own production frontier. Besides, the adoption of a standard prohibiting the use of the most toxic pesticides has a negative effect on the technical performance of affected wheat plots. The price premium of the more stringent environmental standard merely compensates for the negative effect of the standard’s adoption on quality. This thesis illustrates that supply chain and public policy initiatives can be complementary to incentivize the adoption of environmental practices by farmers. Farmers are highly responsive to market-based economic incentives and to options for compensation in the case of yield loss. However, the effectiveness of both approaches relies on a trade-off between the level of environmental requirements and the participation rate
Loriente-Jung, Céline. "Protéger l'enfant : mise en perspective d’une reconfiguration du statut de l’enfance." Thesis, Paris, CNAM, 2015. http://www.theses.fr/2015CNAM1008.
Full textPublic intervention in the intimacy of the family is characteristic of the relationships between the institutions and the families in the modern era, marked by the separation of private and public spaces around children when they are taken away from collective space. But those relationships are often studied from the standpoint of power relations rather than from what the different actors have in common. Looking at contracted relationships between parents and child protection services, the present work analyses the changing in parent-institutions relationships in the light of the status of childhood and its changes in time. Through a socio-historical study based on child protection service files since the 1960s and, for the present time, on interviews with parents, we can trace the changes in a social work negotiated with the families. This research shows that children are more and more active in their own protection depending on their age and discernment. This changing could have a reverse effect leading children to be as active in the dangers they are exposed to as in the protection they are entitled to. The present thesis shows that if modern childhood was shaped by specific time and space with an education apart form adults, present childhood, far from being united, is given a totally new status questioning education in the family as well as in the institutions. New socializing ways are emerging adjusting a new mixing of ages without knowing if concrete experience and the specificity of children are really taken in consideration. Public and private interactions are being reshaped through the new status of children: the civil society could play a new role
Condurache, Gabriela. "Les défis juridiques de la fonction publique en Roumanie : entre tradition et modernisation. Étude comparée à partir de l’exemple français." Thesis, Lille, 2018. http://www.theses.fr/2018LIL2D001.
Full textThis study analyses the Romanian civil service system as compared to the French system, focusing not only on their differences and similarities, but also on the traditional principles that have taken shape through case law and the continuing contributions of legal scholars from both countries. This crosscomparisonaims not only to identify the challenges faced in modernizing post-communist Romania’s relatively recent civil service system, but also to provide reflection capable of contributing to, and perhaps shedding light on, the status of the reforms of France’s civil service system, given its rich legal heritage and case law. Today, as in the past, the question remains that of whether, both in Franceand Romania, special statuses traditionally reserved for civil servants should be cast aside in order to bring this branch of the law into line with the principles of New Public Management and reconcile it with ordinary labor law. This would entail, for instance, establishing a contractual basis for every aspect of civil service law (hiring, ethics, pay, training, and career progression), in line withexperiments that have been undertaken in countries such as Italy, Spain, Switzerland, and Sweden. The aim is to contribute to the overall reflection on civil service law, beyond the specific case of the Romanian civil service, by returning forgotten avenues of reflection in legal scholarship – which nowseem more relevant than ever before – to the fore
Laforge, Clément. "Les rappοrts de dοminatiοn entre cοllectivités territοriales." Electronic Thesis or Diss., Normandie, 2024. http://www.theses.fr/2024NORMR116.
Full textA reading of Article 72 of the French Constitution reveals a decentralized territorial organization based on the absence of a formal hierarchy of local authorities. French decentralization is based, on the one hand, on the recognition of a guaranteed autonomy for local authorities, with the principle of free administration of local authorities, and, on the other hand, on the rejection on the refusal to establish a hierarchy among local authorities, which is reflected, in particular, by the principe of the prohibition of supervision between local authorities. However, some local authorities appear likely to determine the content of the decisions of other local authorities. To overcome this paradox, our thesis aimes to examine relations between local authorities through the concept of domination. Such an approach reveals that relations of domination between local authorities are consubstantial with decentralization. The first part of the study demonstrates that domination between local authorities is induces by legislation. Indeed, throught various mechnisms, the legislator organizes the functional domination of local authorities. Domination between local authorities also takes a spontaneous form that is allowed by law. However, this is only possible because of the free administration of local authorities. The second part of the study reveals that domination between local authorities is induced by the free administration of local authorities. An examination of the principle of free administration demonstrates that its content latently influences what domination between local authorities can be. Thus, relations of domination between local authorities appear as an original manifestation of the free administration of local authorities
Azarete, Adrien. "La politique d'intégration des étrangers." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2024/document.
Full textThe integration of foreigners on the French territory is one of the most important problems in the contemporary era. The theme of the present study is to deal with how the law transcribes the integration policy. The present work is divided into two parts dedicated to the analysis of the legal levers regarding the integration of foreigners. The first part highlights factors which do not arise directly from a specific policy intended to integrate foreigners but contribute to this aim anyway. The second part deals with the legal factors which are dedicated to the integration of foreigners. Both the recognition of the foreigner as protected by the fundamental rights and the indirect guarantee of the right of residence by the law ,reduced the gap between the status of the foreigner and the national’s one. However, if the last title revealed the setting up of a public service of integration, it , highlighted at the same time , the collusion between immigration and integration policies The integration is gradually transformed into an order for the foreigner so as to make his situation precarious, contrary to the stated objectives
Sediyama, Marcelo Yuto Nogueira. "Efeitos da contratualização de serviços de saúde nos sistemas de mensuração de desempenho em um Hospital Público no Brasil." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/96/96133/tde-23012014-091014/.
Full textThis study analyzed the impact of contractualisation on performance management (of performance measurement systems and way of managers take action) in a public teaching hospital. The case study conducted at the Hospital das Clinicas, University of São Paulo at Ribeirão Preto between 1995-2012 observed the change of Performance Measurement Systems - PMSs existing at the hospital, before focused on fulfillment of use of budgetary resources (financial-based type) for a more focused delivery in the agreed services (BSCtype). The change was due to altering the conditions of obtaining funds from the government in 2005, through the Hospital Contractualisation Program, now linking the amount of funds destinated to the hospital in their performance (achievement of goals and indicators agreed). In response, the management of hospital performance has been undergoing changes by two orders of acting of managers. A first-order action of managers of the hospital was doing the unfolding of the contractualisation PMSs in the hospital, proposing new PMSs and legitimating the use in various areas of the hospital (top-down). The action of the second order was to negotiate the selection of indicators, targets and their scores on the formula of allocation of resources (bottom-up) with the local managers of the Unified Health System - SUS, in order to accommodate the uncertainty of funds transfer. The interaction between the SUS\' local managers and the hospitals\' managers has generated a shared understanding about the performance evaluation, as they have to follow the general formal rules imposed by the Contractualisation Program. The equilibrium has converged to a higher preference for quantitative indicators (with a lower weight on the bonus formula) for healthy services, associated with the increasing of qualitative indicators\' weight on the bonus formula (plus more achievable targets usage). These conditions ensure the achievement of goals by the hospital and demonstrate the proactive role from hospitals\' managers during the annual contract review process with the funding source.
Hourson, Sébastien. "Les conventions d'administration." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020091.
Full textIn a few decades, the conventional actions of the public persons knew a remarkable development. Nevertheless, it is frequent that the signed acts contain certain characteristic elements of contracts but do not produce either straight ahead or obligation towards the parties. In these hypotheses, the traditional theoretical concepts are not enough to report administrative practices. Those who qualify have to opt for one of both accepted possibilities: either the act is an authentic contract, or it recovers from the non-law. It invites to draw the outlines of a new category of conventional acts, named agreements of administration, the conditions of which include only directive statements, that is devoid of imperative sentences. Elaborated in the term of a material examination, it can be conceived as a sort recovering from a kind, that of the conventional acts, the identification of which proceeds of a formal analysis. The agreements of administration are so separated from contracts. And it is possible to confirm this distinction by highlighting their substitute function. Legal and administrative phenomena, the agreements of administration are besides subjected to some rules and undergo perfectible controls. Such an approach allows not only to report better contemporary instruments, and to subject them to an adapted control, but also restore in the notion of contract its coherence
Major, Andreia Raposo Telo. "A contratualização enquanto instrumento de governação multinível : uma aplicação aos acordos celebrados em Portugal no âmbito do QREN e no Acordo de Parceria." Master's thesis, Instituto Superior de Economia e Gestão, 2014. http://hdl.handle.net/10400.5/7966.
Full textA presente dissertação de mestrado pretende avaliar o contributo da contratualização para a execução dos Fundos Estruturais (Fundo Europeu de Desenvolvimento Regional e Fundo Social Europeu) e de Coesão no âmbito do QREN. A questão central que se quer responder decorre desta avaliação, no sentido de aferir se a contratualização foi um mecanismo de execução dos fundos importante e adequado ou, por outro lado, se a sua utilização não foi preponderante para a execução global dos fundos.
This paper seeks to evaluate the contribution of contractualisation to the implementation of Structural (European Regional Development Fund and European Social Fund) and Cohesion Funds within the National Strategic Reference Framework (NSRF). Its main objective is to ascertain whether contractualisation was an appropriate mechanism or if, on the contrary, it was not essential for the overall fund implementation.