Dissertations / Theses on the topic 'Contrat de transport des marchandises'
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Djoric, Ana. "Le contrat de transport international terrestre des marchandises." Paris 10, 2004. http://www.theses.fr/2004PA100202.
Full textInternational inland transport of goods is subject to three different international conventions. A company willing to transport goods from one end of Europe to the other, working according to the principles of market economy, can not take advantage of different modes because the convention on multimodal transport does not exist. This problem can be solved by adopting of an international convention that would fill this legal gap. But such initiative has failed already. As the mechanisms of the adoption of an international convention are complicated and take time, such uniformity can be achieved on the basis of adoption of principles for international contracts. Uniform application can be granted by the CJED in EU
Bobongo, Louis Chrysos. "Le prix dans le contrat de transport de marchandises." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D022/document.
Full textNo English summary available
Watat, Hervé. "Le contrat de transport maritime de marchandises à l'épreuve du droit commun des contrats." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D064.
Full textThe relations between ordinary law and maritime law notably special transport laws are complex, but full of teaching. At the heart of this dialectic is found the contract of maritime transport of merchandise, which is executed in a milieu that is not natural to man: the sea. While others claim its autonomy and stress with force that its speciality forbids its inclusion in ordinary law, others on the contrary, affirm that it cannot succeed without the latter, from which it draws all its essence. Particularity, autonomy, submission, are expressions currently used to characterise this relation, though at the end, we don‘t know if the transport contract is dominated by the general theory of the law of contract or is detached from it. This study helps to give a clear response to this worry. The confrontation of two sets of rules reveals a strong domination of the general theory of contract on the contract of maritime transport of goods. As a contract, the latter witnesses a natural influence of ordinary law. In effect, through its subsidiary vocation recently reaffirmed by the new article 1105 of the civil Code, ordinary law always fills the gaps left by the transport contract and instills a certain coherence in the latter. However, its domination on transport contract is not total. In fact, on certain aspects, the latter goes out of the sphere of ordinary law to instill in it some originality, better still, its particularity. This is manifested on the one hand, through some resistance of ordinary law by the contract of maritime transport. Or, the unsuited nature of ordinary law to certain situations created by the practice of maritime transport. The notion of consent or the diminished conception of the relative effects of contract for example, does not allow for the taking into consideration of all the richness and the singularity of the contract of maritime transport. The situation of the consignee entirely disfigures the classical conceptions of the law of contract. On the other hand, this particularity is revealed by rules and mechanisms specific to the contract of transport, notably at the level of the regime of liability of the transporter. Comparable to a veritable status, this quasi-exclusive regime exerts a strong attraction to all actions initiated against the carrier, whether they are contractual or tortuous. To sum up, the contract of transport is neither entirely subject to the ordinary law nor autonomous. It swings between the two
Petit, Florent. "La vocation au tripartisme du contrat de transport de marchandises." Caen, 2005. http://www.theses.fr/2005CAEN0076.
Full textBomstain, Jennifer. "Étude de l’équilibre indemnitaire dans le contrat de transport de marchandises." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10054.
Full textThe transport contract of goods is one of the major commercial contracts. This contract enables the development of local and international trade and is subject to tight regulation that reflects, on the one hand its impact on the economy and on the other hand of the plurality of existing modes of transport. The various effective legislations highlight the will of the drafters to regulate the stages of the duration of this contract in order to create a balance in the relationship between the professional carrier and the co-contractor. However, the particularity of this field makes the work complicated and this, especially during the reparation which results from the contractual nonperformance of the carrier. There appears the question of compensatory equilibrium. The compensatory equilibrium aims, at first sight, to guarantee a same identity between the damage which the victim has suffered and the reparation of this damage. This definition is already subject to reservations in the case of a limited compensation in time and in the amount offsetting the contractual liability of the professional carrier. An in-depth analysis of this definition is necessary to consider its extension so that it might correspond more closely to the reality of the law of the transport of goods.Therefore, can the relaxing of the definition be enough to guarantee the equilibrium indemnity? The study of this concept, which existence in the field of transport is to be determined, reveals deficiencies. Tools are therefore introduced to guarantee or even restore the compensatory equilibrium. These tools are as well developed in the field of transport as well as in contract law. Their enforcement encourages the treatment of the link between this special law and the contract law in order to offer the parties a fair and adapted solution which would make the continuation of the business relation easier
Aboussoror, Abdellah. "L'exécution du contrat de transport maritime de marchandises en droit marocain et en droit français." Nantes, 1999. http://www.theses.fr/1999NANT4016.
Full textLandsweerdt, Christie Auque Françoise. "La vente franco." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/contrats/landsweerdt06.pdf.
Full textDajoux-Ouassel, Catherine. "Les incidents à la livraison des marchandises dans le contrat de transport maritime et le contrat d'affretement au voyage." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32037.
Full textKouka, Abdelkerim. "Le contrat de transport maritime de marchandises en France et en Tunisie : théories et pratiques." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020069/document.
Full textIn international transportation of the goods by sea, the contract of transport of goods is the act concluded between the charger and the carrier. But, conjunctively, it does not include only these operators. The beneficiary is contracting party of right because he is, in fact, the beneficiary of the contract of transport. From certain moment, it is him who is the commander of the goods and who commands (orders) the execution of the contract. In case of damage, he has to ask for reparation to the carrier. However, to avoid any eventual condemnation, the author of the damage can, to exempt, appeal to one of the excepted perils. But, these cases remain widely debatable both at the level of their number and their consistence. The solution is of reducing at most the number because the briefer is the list of the excepted perils, the more the responsibility is in full objectivism. This solution can be made effective by the adoption of a system of responsibility retaining only the gravest causes of exemption only, which cannot be imputed to the shipping company and which make logically it a rule to know the coincidence and the major forces, the state of the goods, the fact of the charger and\or the addresser and the fact of someone else (third party). However, to be able to ask for repair of damage it is necessary at first to avoid it is enough for the plaintiff (applicant) to prove the production of the damage and the moment of its emergence. What means that he just has only to prove the damage and that this damage occurred when the goods were under the guarding (nurse) of the carrier between the moment of their apprehension and that of their delivery, in destination, in his (her) legal successor such as described in the document of transport. In summary, he has to prove the reality and the importance of the damage undergone because of the way the shipping company settled its contractual duty, in the first one to satisfy its obligation (bond) fundamental and essential to supply a ship with seaworthiness and to maintain this state until the promised result (profit) is reached (affected). If the promised result (profit) is not reached (affected), he (it) lives, in case of damage, responsible. The seaworthiness is the primary condition for a ship. It would be in the ship that the thought belongs to the man. We could support that a person with disrupted mental capacities or working badly is a subject of risks that can be affected by some dysfunction and can even lose the cap. This person will be, certainly; originally at the origin of several disputes and affairs before courts. In the same way, for a ship, the seaworthiness of which is compromised
Zhang, Liu Feng. "Etude comparative du contrat de transport maritime de marchandises en droit francais et en droit chinois." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32048.
Full textThe purpose of this dissertation is to carry out a comparative study of the contract for the carriage of goods by sea in French law and in Chinese law, principally between French positive maritime law and Chinese positive maritime law, taking into consideration as well the numerous influences which international Conventions currently in force bear on this issue.The contract for the carriage of goods by sea is concluded between a shipper and a carrier. The transportation of the goods by the carrier involves the navigation of a ship through water, a natural element which is not without danger; the act of the transportation of the goods therefore involves certain risks, and it is this act of transportation which is the object of the contract.This contract is generally modelled after the standard form of a Bill of Lading, though that is not the only document which is used. Among the specific elements of a Bill of Lading, the Paramount clause, the jurisdiction clause and the arbitration clause inserted in the document will each be examined, because they form the legal base of maritime transport.The execution of the contract, considering the rights and obligations of each of the parties, will be examined in detail. Assuring that the ship is in sound navigating condition, carrying out the voyage and accomplishing the delivery of the cargo are the responsibilities of the carrier, who in return will receive payment for these services from the shipper.However, the particular risks inherent in sea travel engender particular problems which will be specifically addressed – for example, the exact extent of responsibility of the carrier; the cases in which an exception might be made; amount limitations to the indemnities for damages, etc.The practical application of the contract to a specific situation will sometimes lead to disputes. In each case it needs to be determined which is the party that is responsible for the damage to the cargo. In fact, it is not always easy to define the responsibilities of each party. Sometimes appeal is made to international arbitration, and at other times it will be necessary to appeal in a court of law.Since the disputes often involve several separate enterprises (the ship owner, the ship manager, the shipper, the carrier, the recipient, insurance companies, bankers, etc.) coming from diverse countries with judicial systems which differ from one another, a number of complex legal issues must be resolved: the conditions of admissibility of the action, the jurisdiction of court, applicable law, etc.Among the particularities, we observe that France ratified the Brussels Convention and the modifying Protocols of 1968 and 1979, whereas China did not ratify any of these documents. In international law, France applies the monist system, according to which the ratified International Conventions are immediately applied in internal law, although according to dualism, the Conventions do not acquire legal force until after having been transposed into internal law. China applies neither the monist system nor the dualist system, while granting to the International Convention a superior authority over internal law, though only under certain conditions.With modern means of production and communication, the planet has become a global village whose members continually exchange goods and services. This development has led to significant growth in international commerce in general, and to significant growth in the transport of merchandise by sea in particular; hence the importance of this study
Hou, Wei. "La liberté contractuelle en droit des transports maritimes de marchandises : l'exemple du contrat de volume soumis aux Règles de Rotterdam." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32059.
Full textFrom the Harter Act of 1893, the freedom of contract in the bills of lading has been limited to prevent the abuse of the negligence clause in consideration of protecting the interests of the shipper. This idea has been followed by the subsequent legislations in regard to maritime transport. Henceforward, maritime transport is divided into two parts: the contract of carriage under bills of lading in line transportation and the contract of carriage under charter party in tramping. Comparatively, the former is subject to mandatory regime in order to protect the weaker party; the latter is leaved in the freedom of contract on the ground that the parties are on an equal footing. After the entry into force of the Shipping Act of 1984 in United States, the service contract is introduced to enhance competition among carriers in line transportation. The shipper and the carrier can freely negotiate freight rates and other conditions of carriage. In the draft of the Carriage of Goods by Sea Act of 1999 of United States, the service contract was involved. It is not sure that the service contract is subject to the mandatory regime where the parties are on an equal footing. The draft COGSA 1999 has offered wide scope to freedom of contract in service contract. This idea has been followed by the Rotterdam Rules regarding the volume contract at the international level. The contract volume is also given considerable scope of freedom of contract. The debate is open. For shippers, the freedom of contract in volume contract will be harm to their interests, especially for small or medium-sized shippers. This concern draws special attention from the legislature of the Rotterdam Rules. Safeguard measures were put in place to prevent the abuse of the carrier. On the one hand, the preconditions for the realization of freedom of contract have been adopted. On the other hand, the freedom of contract in volume contract is limited by the mandatory obligations and the principle of good faith. Indeed, this is one of the most controversial issues during the negotiation of the Rotterdam Rules. According to some, it will be a great obstacle to the entry into force of the Rotterdam Rules. Thus, it is necessary to study on this question of reality when we're evaluating the impact of this international convention concerning maritime transport
Olivier, Vanessa. "Les demandeurs et les défendeurs dans l'action en responsabilité dans le contrat de transport maritime de marchandises." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32025.
Full textWhat are the questions which arise for any lawyer when beginning the examination of the suit ? - who has the right of suit ? - who is the defendant ? these are the two guiding principles in this thesis. Knowing the owner of the right of suit depends, in maritime law, on detailed examination. It is not enought to be simply a victim to be able to suit. Maritime law restricts action to strictly confined cases: only the shipper, the consignee and the insurer have this right of suit, but on the condition that they are defined as such in the bill of lading. For many years, the contentious matters concerning maritime transport has been based on the inflexible theory of the bill of lading. The consequence of this was that real shippers and real consignees had no right to suit, on the grounds that they were not mentioned in the bill of lading, despite the fact that they were the sole victims of any damages to the goods. Being then unable to subrogate to their insurer, the latter couldn't take a liability suit against the responsable for damages in order to obtain reimbursement for what had been paid out under the insurance coverage. Fortunately, case law has advanced since the famous "mercandia" affair. In order to identify the defendant of the suit, there is a basic principle upon which our study will centre: the carrier is always liable. The principal objective will therefore be to find the person who assume the carrier capacity, despite appearances made deceptive deliberately or otherwise by astuce combination of business and maritime law. The desire to control the whole of the carriage process, or simply the desire to survive in an extremely competetive environment, has changed the traditional face of the maritime carrier; the appearance of new actors in the maritime transport, and the transport in general, has rendered useless the methods used up till now to identify the maritime carrier. We shall reserve a place for the stevedores and shipping agents. Being in direct contact with the goods, the plaintiff is often tempted to issue a writ against them when the damages are their fault. But, once more, maritime law down the rigid principle according to which only those who have contracted their services have any right to suit against them
Ngamkan, Gaston. "Le cadre juridique du transport multimodal international de marchandises : l'exemple du Cameroun : contribution à la mise en place d'une législation applicable au Cameroun." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32022.
Full textMultimodat transport is the displacement of goods by the successive use of at least two different means of transport, by virtue of a single contract, under the responsability of an operator named a "multimodal transport operator" (mto). This method of conveying of goods has attained an impressive stage with the development of new transport techniques, especially that of containerisation. But, if the system functions harmoniously in a practical, technical and commercial way, it is unfortunately not the case on the legal plan, where the situation remains unclear, characterised by the diversity of applicable regimes. A general regulation has however been realised with the elaboration of the geneva convention of 24 th may 1980, but it has not yet been enforced principally because of political and economic reasons. Nevertheless, this convention constitutes a text of good qualityfrom the point of view of the responsability regime, a good basis for a national law. It would therefore be beneficial for cameroun to ratify this instrument and adopt an internal legislation based on this, as has already done some countries, like mexico and chile
El, Khatib Kassem. "La réunification du droit du transport maritime de marchandises : mythe ou réalité?" Paris 1, 2008. http://www.theses.fr/2008PA010302.
Full textBoukhari, Rym. "Le contrat de transport maritime de marchandise sous connaissement contentieux France-Algérie." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D014.
Full textIn the last decades, the International maritime transport has been developed on a large scale. Several international agreements have been concluded in purpose of an unification of the rules governing maritime transport agreements, resulting in a complexity which sometimes raises doubts. However, as in the international private law, the international maritime law is, according to the legislation applied to it, interpreted differently according to country. This difference of interpretation is corning from significant disparities in the decisions of the different countries, particularly about the inserted clauses in the bill of lading. Furthermore, the containerization has Advantages in terms of safety and speed of loading and unloading, it presents difficulties regarding the false declarations and the settlement of demurrage, that they are facing, a lack of resources remains between the Algerian and French ports. All these problems, affects mostly the shipping carrier or the consignee of the goods and which are not fully covered by the current agreements in force. These texts were aimed standardization of the international regime of maritime transport of lading contract, are still not achieving the desired harmonization. This thesis aims to criticize in a constructive perspective of the international legal regime of the maritime transport contract of goods under bill of lading and litigation that creates especially regarding transport to and from Algeria
Papadatou, Marina. "La convention d’arbitrage dans le contrat de transport maritime de marchandises : étude comparée des droits français, hellénique et anglais." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020008/document.
Full textThis study is primarily focused on the enforceability of arbitration agreements incorporated in contracts of carriage of goods by sea. First, we will cover the important issue of determining the law applicable to these arbitration agreements. Special attention will be given to how courts tend to implement general international arbitration principles to maritime disputes. An arbitration agreement incorporated in acontract of carriage of goods by sea should also be analyzed in light of the specificities of maritime transport law and applicable international shipping conventions. Moreover, the comparative methodology used herein will show that the enforceability of arbitration agreements is closely related to the qualification of the operators involved in the contract. In particular, among the commercial players involved in the carriage of the goods, we sought to examine the legal position of the consignee of the goods. Indeed, since the consignee is absent at the moment of the contract formation, the binding effect there upon of the arbitration agreement, which is generally incorporated “by reference” to the bill of lading, is highly debated by scholars and judges
He, Jing. "La réforme du droit chinois du transport maritime de marchandises." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1009.
Full textThe carriage of goods by sea constitutes at present time a pillar of international trade and one of the principal engines for the globalization. For this reason, the law of the carriage of goods by sea, being as the primary trigger for the maritime law, remains always its essential position in this domain. Due to the technological progress in the construction of the vessels and to the changes of the operational mode of maritime exploitation, the relevant laws in force are confronted with progressive transformation in practice. Particularly in relation to the Chinese maritime law, because of absence of the tradition in this regard, it has been inspired inevitably by the international norms, with respect to its development. At the current time, the question here is whether to introduce some new instruments, and in particular the Rotterdam Rules, in the process of modernization of Chinese positive law ? The present research is intended to provide some recommendation notices, proposed for the reform of the Chinese law of carriage of goods by sea, vis-à-vis the Rotterdam Rules. In the context of a worldwide economy, the modernization of the Chinese positive law, and especially in terms of maritime law, should be deployed with the following sprits: the participation and the integration to the international system on the one hand, and the recognition of its particularities in the course of the legislation on the other hand
Akpaca, Jonas Didier. "La livraison de marchandises dans les contrats internationaux de vente, de transport et d'assurance." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32013.
Full textIn most of the recent international conventions wich serve as uniform law or as law applicable to contracts of international sale of goods or the international transportation of goods, the concept of delivery is used in preference to the concept expressed by the french term "delivrance", wich, to us, does not appear to have a concise english translation. The choice of the concept of delivery is justified by mainly the fact that the concept of "delivrance" has the disadvantage of being more complex and is known in only the (metropolitan) french inspired legal systems. By delivery of goods, one means a priori the effective handing over of goods to a person entiled to them, and without this effective handing over, the effective putting of the goods at the disposal of a person entitled to themin conformity with either the stipulations of the contract of the effective legal previsions of the customs or usual pratice. By virtue of principles like good faith, due diligence etc. . . , wich form the foundation of contracts, one can envisage only goods prevised in a contract for putting at the disposed of, that is for delivery to, a person. Consequently, the issue of the whether the goods are conform to be landed over without it being an element of definition of delivery, can play a more or less important role a posteriori (in the sales and in certain cases of transportation) or a priori (generally in transport) in the verification of the delivery obligation. Besides any delivery carries with it risks which can be limited or even controlled optimally by the interested parties by practising a true cooperation (obligations of information, conservation, etc. . . ) and by carefully preparing the modes of delivery
Branellec, Gurvan. "La coexistence des règles applicables au contrat de transport international de marchandises par mer : contribution à l'étude de l'uniformité du droit." Phd thesis, Université de Bretagne occidentale - Brest, 2007. http://tel.archives-ouvertes.fr/tel-00511315.
Full textBranellec, Gurvan. "La coexistence des règles applicables au contrat de transport international de marchandises par mer : contribution à l’étude de l'uniformité du droit." Brest, 2007. https://tel.archives-ouvertes.fr/tel-00511315.
Full textDammak, Hichem. "Contribution à l'étude du chargement et du déchargement des marchandises dans les contrats d'affrètement et de transport maritime." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32078.
Full textThe study of the operations of loading and discharging in the contracts of carriage of goods by sea and the contract of chartering concern the study of the legal regime of the loading and the discharging the goods by sea. It is necessary to establish a comparison between the English and the French law concerning the carrier's obligation to load and to discharge, also the case of the responsability of the carrier for loading and discharging of goods, in this point is important to treat the liability regime of the carrier for loading and discharging of goods. This liability regime is under The Hague/Visby and the Hamburg rules. Finally it is also important to treat the legal regime of loading and discharging of goods in the contract of chartering. In this point, it is necessary to see the charterer obligation's to load and discharge the goods in the contract of chartering and the shipowner obligation's to stow goods
Fattal, Raghid. "L'évolution de la responsabilité du transporteur maritime de marchandises dans le droit international." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010299.
Full textThe principle of the contract for the carriage of goods is to carry them from place to another. This contract is different from other similar contracts, like the Contract of Tonnage and the Charter Contract. Some International Conventions have created imbalance between the carrier and the shipper. In order to avoid this imbalance, the international legislator has created multiple Conventions. The latest Convection was the "Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea''. The Rotterdam Rules adopted on December 11. 2008 by The UN General Assembly in New York. The main advantages of the Rotterdam Rules are the world reunification of the law of carrying, the rebalancing of shipper's interests and the carrier's interests, the use of one contract for the whole carrying of goods and the modernization of the law of carrying by sea
Jean, Jacqueline. "Les mécanismes d'allégement de la responsabilité du transporteur-routier de marchandises : étude jurisprudentielle." Aix-Marseille 3, 1986. http://www.theses.fr/1986AIX32057.
Full textAccording to article 103 of commercial law the transporter bears heavy responsabilities for road haulage. Law-makers and jurisprudence have wor ked towards lightening these responsabilities. The following constitute the reasons for exemption according to customary law, acts of god, hidden defects, sender's mistake. Concerning the first two, total exemption will hold only in the case where the carrier has made no mistake; concerning the third cause a combination of mistakes is admit ted. These causes for exemption will remain difficult to be made use of. In a more efficient way, the lawsuit mechanisms of reservation concerning article 105 and the prescription of article 108 will protect the trans porter, if the plaintiff has committed any error. The law-makers have rewritten article 105 three times, but the situation of the sender is not improved accordingly. In addition to a strict formalism, jurisprudence maintains its requirement concerning the proof that the damage was caused during transportation. One year prescription is going to work in the trans porter's advantage too; the plaintiff deceived by vague promises will not use the period to start his lawsuit. There will be incidents during this period very often linked to the transporter's attitude. These mecha nims will apply automatically even in the case of an important mistake. Finally even if his responsability is held the transporter will ask legitimately for limits in compensation wich will define the maximum of the indemnity. These limits are legal. But the compensation will never be in full, except in the case of a negligent error. The plaintiff in acordance with public law will have to establish proof of the size of hiss loss, foreseeable and direct. Only fraud will thwart all the rules of lawsuit by dismissing the limits of compensation
Sidibe, Ali. "Recherche sur l'équilibre dans l'exécution du contrat de transport de marchandises par route : étude comparée droits OHADA et français : essai de contribution à la législation communautaire OHADA." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D057.
Full textThe search for balance in the contract for the carriage of goods by road, envisaged in terms of execution and non-performance of the essential service of the carrier, the movement of the goods, has allowed thanks to a mixture of both interpretative and analytic, to compare the different rules governing the matter in the OHADA space in France and internationally, in fine to highlight the differences between our different sources, and to highlight the vitality of road transport and its role of catalyst in the development of the countries of the OHADA space and the cohesion of the populations. Indeed, while the AUCTMR was largely inspired by the European CMR, the fact remains that it corrects its weaknesses. There are differences in particular : the time of action, the calculation of compensation, the nature of the fault of the valet, the direct action of the valet. The originality of OHADA law lies mainly in its management of conflicts of laws and jurisdictions, since uniform acts are directly applicable in the Member States. In this quest for balance, issues of delivery in a conventional of reasonable time in a context of securities (road and violence) may arise. In fine, the material and financial benefits that characterize the contract of carriage being balanced, it follows that the complete equality of contractual relations remains utopian. Nevertheless, the OHADA law, propelled by French law and especially the European CMR, seeking to establish the balance between the reciprocal obligations of the parties, decides to rebalance the contract thanks to the devices of revision, reduction, or simply to withdraw. This power belongs according to the case, to the judge, to the law or to the parties. The parties may also be released by the force majeure mechanism, or in the event of bankruptcy. The carrier to relieve the burden of the presumption of liability that weighs on him, has the mechanisms of exemptions « general case » and privileged and limitations of liability. These strange mechanisms specific to the right of transport will not triumph in case of fraud attributable to the carrier. The deadlines are given to the rights holders to appear in case of damage loss (3) or delay (60 days) of the goods. Any action on the contract of carriage is prescribed in one year except fraud of the carrier, which brings the time to 2, 3, 5 years according to the system
Herro, Rita. "Vente et transport : Indépendance ou interdépendance?" Paris 1, 2009. http://www.theses.fr/2009PA010310.
Full textKioungou, Ance. "La faute du commissionaire de transport." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010298.
Full textWhat a strange character the freight forwarder (Agent) is ! This leading player of the world of transport is the source of several doctrinal debates and implies a plentiful judicial dispute. Professional appointed to organize the transport of the goods on behalf of a contractor, he bears a double responsibility, of his personal fact and because of all the persons receiving benefits for whom he substitutes itself in the execution of his mission. If the appeal to the committee of transport is very frequent, it is due to the interesting guarantees it offers to the customers, in particular the complete coverage of the organization of the transport with the risks which it involves. However, by carefully analyzing the jurisprudence of recent years, it has been observed that the responsibility for most freight forwarders was very heavily estimated. The often held motive being the personal fault easily likened to the serious offence by the judges, involving the loss of the profit of the limitations of compensations for the latter. What does exactly the fault of the forwarder cover? On this point, we attended an inflationary jurisprudence in particular on the duty of advice, the outlines of this notion not being clearly defined. The situation had become so worrisome as public authorities saw fit to intervene through two fundamental reforms. At first by the law of December 8th, 2009 with the introduction of the new article L.133-8 of the Commercial law, which conditions from now on the exclusion of the limitations of compensations in the proof of a dolosive or unforgivable fault of the agent of transport or the carrier. And then by the adoption of the standard commission contract of transport (in force since 2013). This standard contract, fruit of a long and laborious negotiation between the professionals of this sector, frames seriously the personal liability of the forwarder. How to identify then the fault of the forwarder in the light of these reforms? It is to this essential question that this work is going to try to bring elements of answers based on the current texts and the practice observed in the courts of justice
Abdul-Hay, Imad Eldin. "Le consignataire du navire dans le transport maritime international : étude comparative avec le droit français." Nantes, 1997. http://www.theses.fr/1997NANT4011.
Full textThe ship's agent represents the shipowner or the maritime-carrier in the ports where their boats (ships) come to call at. He achieves many different activities related to ships and cargos, whether it is goods or passengers, or both. Since the activities of the ship's agent are multiple, we can consider the term "ship's agent" too restricted and too technical. In fact, the "pure" consignment is, nowadays, just one facet of the profession. It appears that the concept is wider and fits much more to the concept of the "maritime agent", including all the technical and the commercial aspects of this activity. However, the trench legislation, like the syrian legislation, unlike the english one, don't recognise the notion of "maritime agent". Contrary to the consignment in france, which is a free activity, consignment in syria is reserved to only one enterprise. This state-controlled monopoly is open to criticism. Both in the french and the syrian law, the ship's agent is considered as a salaried proxy. His mandate is often a common interest mandate. To achieve his mission, the ship's agent has obligations and rights. Nevertheless, these rights are shaky: the problem is posed by the keeping seizure of chartered ships. On this point, it is not obvious that the french and the syrian legislation would be always applied in front of foreign jurisdictions. The responsibility regulation of the ship's agent is similar both in the french and the syrian law. He is responsible as a salaried proxy. However, there is a particularity in the french law when the ship's agent makes handling and keeping operations. It is a special regulation based on article 13 of the law of 1969 relating to the fitting out and the maritime sellings
Landsweerdt, Christie. "Le fondement de la responsabilité du transporteur." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20027.
Full textThe carrier is under an obligation of result, the nonfulfilment of which he /she will be automatically held liable for, as soons as damage arises. Yet he can escape liablitiy if he can prove the existence of a ground for exemption. Considered as an impediment to compensation, the exemption will be assessed with more or less suspicion, depending on the transport mode and the cargo. In this respect, there should be a distinction made between the transport of passengers and goods. As the passenger’s need for protection is more and more taken into account, this causes the regime governing carriers to evolve. Analyzing these developments is essential to look for a common ground for the carrier’s liability. Considered as a victim, the passenger becomes the pivot of the regime applicable to the carrier, this regime being no longer a system of liablity. On the contrary, when liability remains, the defense based on exemption reveals the rationale behind the carrier’s liability: his fault
Al, Qudah Ma'en Pataut Étienne. "L'exécution du contrat de vente internationale de marchandises." Reims : [s.n.], 2007. http://scdurca.univ-reims.fr/exl-doc/GED00000540.pdf.
Full textBrunel, Julien Bonnafous Alain. "Prévoir la demande de transport de marchandises à long terme estimation économétrique du couplage transport/économie, le cas des traversées alpines /." Lyon : Université Lyon 2, 2007. http://theses.univ-lyon2.fr/sdx/theses/lyon2/2007/brunel_j.
Full textSanne, Pierrick. "Nouvelles technologies d'information et transport de marchandises." Lyon 2, 1986. http://www.theses.fr/1986LYO22013.
Full textMassiani, Jérôme. "La valeur du temps en transport de marchandises." Phd thesis, Université Paris-Est, 2005. http://tel.archives-ouvertes.fr/tel-00710376.
Full textBoye, Ibrahima Diagne. "L'assurance face à l'évolution du transport de marchandises." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32010.
Full textBrunel, Julien. "Prévoir la demande de transport de marchandises à long terme : estimation économétrique du couplage transport/économie, le cas des traversées alpines." Lyon 2, 2007. http://theses.univ-lyon2.fr/documents/lyon2/2007/brunel_j.
Full textThe current research aims to produce long-term forecasts of freight transport demand across the Alps. A first part introduces the literature related to forecast freight transport demand in the long-term. It highlights the role of economic activity as a main determinant of freight transport demand. Then, this issue is discussed using the concept of coupling for freight transport. The second part estimates the relationship between freight transport demand across the Alps and Italian industrial activity. We apply two alternative econometric specifications, a model in rate of growth following quin-quin fret models (Gabella-Latreille, 1997) and an error-correction model following Engel and Granger (1987) procedure in reason of the co-integrated nature of time-series. It shows that the model in rate of growth and the error-correction model results are globally coherent. In a third part, these estimates are combined following an idea purposed by Bates and Granger (1969) in order to produce long-term forecasts of freight transport demand across the Alps. It suggests that these estimates differ from those obtained by previous models. One can observe that previous models generally estimate log-linear models using standard econometric tools in spite of a high risk of being spurious regressions (Granger and Newbold, 1974). More precisely, this research assumes that the estimation of standard models, rather than more advanced techniques, is likely to produce an over-estimation of traffic forecasts of twenty percent
CHEYAP, TIANGUEU HONORE. "L'assurance maritime des marchandises transportees en droits camerounais, francais et accessoirement senegalais." Lille 2, 1998. http://www.theses.fr/1998LIL20001.
Full textIn developping countries, lots of interets are emerging from marine insurance and marine cargo insurance particulary. Relations between cameroon, senegal and france forwer colonial authority are various. Their legal system is heavily influenced by old french's code: the 1807 trade code is still enforced; and french policies cargo of marine insurance of 1968 or 1983 are also applied. A binding marine cargo insurance about imports has been set up by both cameroon (parliament act n 75-14 of 08 dec. 1975) and senegal (parliament act n 83-47 of 08 fab. 1983). But there are many problems about this insurance domiciliation. Some people are thinking wrongly of an assimilation with "customs duty" (cameroon) or "private tax" (senegal). This incomprehension explains probably services quality offered to insured party and also the insurance pratice in these countries. Indeed, the lack of good relationship between insurance agent and insured party, is also due to the lack of qualified employees, general corruption (cameroon) and to the defiscient system of court. Marine insurance implies many consequences : both parties of the contract hope to keep free. The freedoom rule of contract is recognised by three legal systems (cameroon, senegal, france). The authoritatives clauses are drew of the contract. The market's cargo insurance offers many forms of guaranties : limited average, free of particular average unless (fpa) and all risks
Mady-Kerguelen, Véronique. "Le contrat de transport integre." Paris, CNAM, 2000. http://www.theses.fr/2001CNAM0365.
Full textRoubaie, Abid Juma al. "Droit des transports terrestres de marchandises : étude comparée en droit irakien et en droit français." Montpellier 1, 1986. http://www.theses.fr/1986MON10037.
Full textShipper and carrier agree to a contract covering overland shipment of goods. As contracting parties, they are bound by this contract, from which their rights derive and whose obligations they assume. Its settlement is subject to common law. Often, however, its effects can extend to a third party, namely, the consignee, who-upon his desmonstrating either express or tacit acceptance of the merchandise, and not only upon this acceptance, but even after fulfilment-benefits from the rights deriving from this contract and submits to its obligations. In certain cases, a fourth party intervenes : the fowarding agent, who acts as an intermediary between shipper and carrier, and who, upon commission, contracts both on his own behalf and on behalf of his principal. The validity of the shipping contract implies the gathering together of the necessary subjective and objective conditions for the formation of all subsequent contracts. Accordingly, the shipping contract is a consensual one, i. E. ,by mutual consent;for,to be perfect,it does not need the intervention of the merchandise. This means that the contract acquires jurisdictional existence at the moment the contracting parties agree as to the nature of the services to be furnished and to the price. Also, the existence of the contract is not dependent upon a written document. It is true that the document delivered at the time of shipment constitutes an excellent proof of the agreed-to contract. In a contract covering the shipment of goods, two major obligations rule in the matter: the obligation accepted by the carrier to transport the goods to the agreed-upon point, and the obligation assumed by the shipper-and also occasionally executed by the consignee-to pay the shipment price. On the responsability level, the carrier guarantees to place the goods at the disposal of the rightful consignees,this within the delivery date, and in the same condition in which they were at the time of shipment. If he does not satisfy his obligation, he has committed a fault of a contractual nature. The basic rule is simple: all damage which occurs between pick-up and delivery is considered to be the carrier's responsability,and this presumption of responsability, which weighs upon him, is very heavy
Hounkanrin, Finagnon. "Le Contentieux du transport de marchandises par voie aérienne." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb376143905.
Full textAssongba, Cossi Hervé. "Les contentieux en transport maritime de marchandises par conteneurs." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20005/document.
Full textThe container shipping has become universal because of its multimodal nature. The success of this mean of transport is also linked to the involvement of many professionals from both private and public sectors. However, the container shipping constitutes a field of litigation sometime ignored. The use of these boxes involves not only litigations of private nature but also of administrative nature. Although some international conventions regulate shipping in general, the unsuitability of some of these norms does not help the settlement of these litigations. And, as the customs administration is upstream and downstream involved in the execution of the contract of carriage, its involvement is a source of disputes whose settlement implies two different kinds of courts
Mazigui-Ngoue, Eulalie. "Le transport multimodal des marchandises de la zone CEMAC." Nantes, 2011. http://www.theses.fr/2011NANT4002.
Full textJuly 05th, 1996 in Libreville-Gabon, the six countries of CEMAC composed of Cameroon, Congo, Gabon, Equatorial Guinea, Central African Republic and Chad adopted an Inter-states convention on the multimodal transport of goods practicing in their sub-region, and which came into force the same day. This convention which is the only one nowadays, among all juridical systems worldwide, in terms of applicable positive right in the field, seldom acts, after ten years of existence, as legal basics in a decision of justice or in an arbitration sentence. Besides, we observe in an incomplete manner that this convention is not applied as part of the internal multimodal transport of goods of the states of CEMAC, creating a lacuna in the law thereabouts. This lacuna in the law is filled up by palliatives resolutions, and by a worry of normative creation, as well on behalf of the professionals, that African legislator
Hounkanrin, Finagnon. "Le contentieux du transport de marchandises par voie aérienne." Rouen, 1988. http://www.theses.fr/1988ROUEL060.
Full textThe air goods transport takes an important place in international trade. So, it is interessant to take a look aver legal difficulties which are raised and how courts of justice settle them. Air transport is ruled by Warsaw convention which lay down uniform provisions about air carrier's liability. Those provisions were sometimes misinterpreted by law courts (civil or common law). Moreever, technical progress, the improvement of the standard of living have changed the rules laid down for sixty years. The gap between legal rules and reality is a source of problems between carrier and consignor. This theisis makes a synthesis of air freight litigations. Many important questions like carrier's liability, limitation of liability, serious offence were explained. Conditions to sue were definied. Law cases can be classified in two ways : in one hand, those which defend the interest of the consummer and those which defend the interest of the carrier, in other hand those which follow the spirit of warsaw convention and those which do not
Kembeu, Jacques. "Le contrat de prestations logistiques, contrat complexe ou contrat sui generis ? : étude de la notion et du régime du contrat de prestations logistiques." Rouen, 2014. http://www.theses.fr/2014ROUED011.
Full textDulout, Stéphanie. "Le risque pénal de l'entreprise de transport routier de marchandises." Toulouse 1, 2001. http://www.theses.fr/2001TOU10059.
Full textThe penal risk of the road transport company of goods covers several fields, which are breaches linked with equipment and vehicles maintenance, social breaches, specific ruling called coordination, price offence excessively too low, etc. . . The object of this thesis is then to establish as much from the point of view of the subject ( transport company protagonists) than the object (the breaches), the penal risk encountered by the company; this double point of view allowing to access to a global vision of the matter
Legrand, Dupont Bénédicte. "L'opération de transport." Lille 2, 2010. http://www.theses.fr/2010LIL20015.
Full textThe crucible for multifarious economic, political and envirenmental influences, goods transportation reflects an intricate reality. Because it is now grasped by having an insight into new issues, the shape of goods movements has been modified from a technical point of view as well as a legal one. On this account only, its apprehension warrants a new approach. The reneval brought about by the latter is conveyed through a novel analysis of the movement taking place within a complex transport operation. Consequently, the notion of an operational level agreement naturally took hold as a response to the many disruptions which impacted and complexified the carriage of goods. Since juridicial and technical interdependence today characterises transport relationships that have become plurial, complexes of contracts and complex contracts give expression to this reality as well as to the consequences pertaining to it
Al, Qudah Maen. "L'exécution du contrat de vente internationale de marchandises : étude comparative du droit français et droit jordanien." Reims, 2007. http://theses.univ-reims.fr/exl-doc/GED00000540.pdf.
Full textThe contract of international sale constitutes the base of the international business connections. This study stands on two big bases. First of all, the rule in the contract of international sale of goods. In this sens, to understand the internationality of the contract, it is necessary to study at the main criteria to detennine the international character of the contract, firstly. The legal criterion and on the other hand, the econoinic criterion. Consequently, from the idea of the internationality of tlie contract, it is necessary to resolve the problem concerning the applicable law to this contract in reason tliat the internal contract does not raise this problem contrary to the international contract which is connected with several laws It is necessary to treat the international Conventions on the area. The obligations of the parts according to the Convention of Vienna of April 1 I th, 1980 and the internal law; at first, the obligations of the saiesman; on the other hand, the obligations of the buyer. In conclusion. It is desirable that the Jordanian legislafor will take into account the evolution of the French law, especially the ratification of the international Conventions as: the Convention of Vienna of April 1 lth, 1980 (CVIM), the Convention of Rome of June 19th, 1980 and the Convention of the Haye of June 15th, 1955 because of the importance of these Conventions in the international relations
Meyer, Karine. "La concurrence rail route : analyse économétrique des trafics de marchandises et des perspectives du transport combiné." Paris 1, 1998. http://www.theses.fr/1998PA010046.
Full textFaced with the competition of road transport of goods and with the structural changes of production system, the SNCF freight has undergone massive changes in the last twenty years. In this context of deep evolution, it is essential to measure the effects of economic growth and transport prices on traffic, by separating the short and the long-term in the demand functions. The statistical analysis carried out on different periods of time enables us to determine more precisely the stability or non-stability of the relations and the tools useful for forecasting. The diversity of the demand justifies to segment the traffics according to the nature of the transported goods. The specificity of the markets leads to refine the databases on road and rail transport prices. It also seems necessary to introduce the variables of foreign exchange (imports and exports) and to differentiate the variables of growth according to industrial fields. All this allows to define more accurately the characteristics of transport prices and service quality at the level of the competition between rail and road. In response to the changing demand, the SNCF has set up a multimodal service : the combined transport. A modelling of market shares is developed with the cross-sectional data technique, according to the diversity of the relations and the context of drastic evolution. It measures the effects of service quality and combined transport prices on combined and road traffics market shares, while distinguishing between short and long distance axis. These quantitative analyses bring an additional help to make the strategic choices in the development of the SNCF freight
Kpoahoun, Amoussou Aubin. "Les clauses attributives de compétence dans le transport maritime de marchandises /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/389698180.pdf.
Full textCoulibaly, Climanlo Jérôme. "Les Intermédiaires du transport maritime international de marchandises en droit ivoirien." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37604097j.
Full textKpoahoun, Amoussou Aubin. "Les clauses attributives de compétence dans le transport maritime de marchandises." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32050.
Full textBokalli, Victor Emmanuel. "Conteneurisation et transport multimodal international des marchandises (aspects juridiques et assurances)." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32005.
Full textTo try and reduce transport cost, chiefly by reducing goods handling fees and boats stay in port, containerisation has been introduced in sea transport. This coming of containerisation involved the developpement of combined transport which is the moving of goods by at least two differents kind of transport. This containerisation and this combined transport are the real revolution of the last decades in the fields of transport. But this technical change is not always followed by legal arrangements, this, either in the french national level or international level. Indeed considering that the limitation of the transporter's responsability in case of a faulty fulfilment of the transport contract apply more often by parcel, a question must be asked of what can be understood as a "parcel" as far as container is considered ? is it the container and the contents ? or each of the goods taken separately ? despite some legal adjustments, the question has not been completely answered as yet. In the same way the present container carrier ships are adapted to deck transport. In fact this form of transport was excluded from the former regulations. Except from the french law, international texts are not adapted to the developpement. . . The same consideration for the general average. Of the fields of insurance, it appeared to us that the container improved the risks of the insurers. For the combined transport, it has not been yet subject of a uniform and imperative regulation, which entails a proliferation of typical contracts, which now constitute the only legal facing in