Dissertations / Theses on the topic 'Contrat électronique'
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Edderouassi, Meryem. "Le contrat électronique International." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD009/document.
Full textReflecting on the regulation of international electronic contracts has taken in recent years, an unprecedented scale.The increased use of electronic communications internationally participates remarkably improve the efficiency of economic and social activities, to strengthen relations between States and to offer new market opportunities to the parties and to previously isolated markets .For this reason, the adoption of uniform rules that will remove barriers and enhance international electronic contracts could strengthen legal certainty and commercial predictability for international contracts and may help States gain access to modern trade routes.International electronic contract constitutes a new sphere that deserves an analytical research to award him legal certainty necessary for its development.This research aims, therefore, to develop a systematic analysis of critical current regulations governing international electronic contract and then examine the existing texts today in light of expectations of the time.It aims to find the legal means to ensure greater security at international electronic contract
Faraj, Essalhin. "Le contrat électronique." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D076.
Full textE-commerce activities and the legal frame that results from them raise many relevant questions. Especially those related to the consumer protection at the moment of conclusion and implementation of the contract.In this study we analyzed the legal regulations that govern electronic contracts in order to establish correlations with common law regulation. We noticed that E-contracts are also subject to legal rules framed by the obligations of the seller and the buyer such as delivery, reception, payment, signature of the contract, the right to withdrawal, etc.E-contracts constitute an issue of international controversy. The rules of competences of jurisdiction and the applicable laws are especially disputed.We concluded that the legal value of electronic contracts depends to a great extent on the legal value of the electronic writing and signature
Turmel, Anne-Sophie. "La formation du contrat électronique." Montpellier 1, 2004. http://www.theses.fr/2004MON10014.
Full textGhazouani, Chiheb. "Le contrat de commerce électronique international." Paris 2, 2008. http://www.theses.fr/2008PA020013.
Full textDurin, Maryline. "L'offre de contrat de commerce électronique." Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30012.
Full textThe legislator is interested recently in the question of the conclusion of distance contracts. The appearance of new information technologies and the development of electronic commerce pushed him to legislate several times in little time. He basically paid attention to the offer. Concerning the offer of electronic commerce contracts (expression indicating the whole of the distance contracts concluded by electronic means related to the supply of goods and services) its interventions led to a complex regulation composed of rules whose sphere of application is variable according to very diverse criteria. The identification of the applicable rules to a given offer is thus a difficult exercise. Ln addition this " hyper-regulation " produces several collateral effects which could be more or less dangerous for the components of the concept of offer itself
Ayewouadan, Akodah. "Le renouveau des droits du contrat à travers l'internet." Poitiers, 2010. http://www.theses.fr/2010POIT3008.
Full textThe internet upsets the conventional modes of operation in modern societies. This new human, heterogeneous and decentralized space, which transcends the borders is an original frame in which the legal business revivifies. The object of the thesis is to show that the contractual practice due to its flexibility, perfectly fitted into this space and acquired consequently a certain originality. .
Naimi-Charbonnier, Marine. "La formation et l'exécution du contrat électronique." Paris 2, 2003. http://www.theses.fr/2003PA020056.
Full textEl, Ayoubi Omar. "Le contrat du commerce électronique sur l'Internet : formation et exécution." Toulouse 1, 2011. http://www.theses.fr/2011TOU10031.
Full textThe internet network does not only allow the exchange of information but also offers companies a window to promote their activities outside their traditional location ; it is a new tool that enables creating e-commerce contracts, which have singular characteristics because of their conclusion mode. Those characteristics are the reason of many legal problems concerning mainly the meeting of minds, the ability of the undertaker, the contract creation date, payment security issues, and finally the competent jurisdiction and the applicable law. It is appropriate to ask if there will be a need for new legal rules and regulations especially for eletronic contracts, or on the contrary, the traditional rules and regulations of contracts, with exception of some adaptations, are perfectly applicable to that contract ? This is the main question that we will try to answer by successively studying the formation (Part I), and the execution the electronic commerce contract (Part II)
Chahbar, Taoufik. "Étude de la formation du contrat électronique, comparaison droit français et droit marocain." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100097.
Full textThe e-commerce business is usually embodied in a traditional legal tool made available to economic actors by the law: the contract. This one is usually signed from afar. Thus it is dematerialized. In addition, there is the possibility of depersonalization and internationalization thanks to the ability of computer networks to break free of borders. These characteristics of the e-commerce contract have disrupted the legal framework. The latter being essentially aimed at regulating a contractual relationship in which the parties involved are human beings by using tangible elements. In such a situation, an adjustment process due to the new parameters of the electronic commerce contract is required for the law to avoid a historical setback. French and Moroccan laws have proved to be reactive insofar as contract law here and there already witnesses a process of adaptation to the new parameters of the electronic commerce contract. The analysis of such a process reveals; the advent of rules specific to such a contract; certain rules have been declared inapplicable; some institutions have been rethought taking into account these new parameters and definitions of existing concepts have been introduced as part of such a process. The comparison between French contract law and Moroccan contract law in the field of electronic commerce contracts allowed us to observe the shortcomings. Thus, we noted, but not exhaustively, that: the capacity-rule in the current state of French or Moroccan positive law is detrimental to the signing of the contract by "electronic agents"; the application of the reasonable time limit to the offer by electronic means under French law is incompatible with the need for competitive intelligence which is felt in the virtual market (cyberspace) more than elsewhere; the Moroccan legislator has been quite firm in recognizing the quality of the offer through electronic means by ignoring certain advertising techniques which allow immediate sale; etc. Any initiative likely to fill such gaps must be entrusted to the case law, since the case-law is not mandatory, it is likely to be rejected or modified at any time when a new case is examined. This turnaround possibility makes it possible to work alongside the evolving nature of the e-commerce contract. The legislator's intervention in the field of electronic commerce contracts, insofar as it is necessary, must be limited to adopting existing legal frameworks in order to remove the real obstacles resulting from a legal constraint
Fouilleul, Nicolas. "Le contrat administratif électronique : l'exemple des marchés publics." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32006.
Full textThe deliberate participation of the French Civil Service in the society of information's development is likely to lead to a lot of disruptions in the subtle balances which have been slowly organized by our administrative law. Thus, the public contract's room, and more specifically the public markets’ one, has already undergone deep alterations that have lead to wonder about this juridical concept which is still under construction : the administrative e-contract (e-commerce, e-procurement). The " last " version of the public markets code (legislation) has indisputably broadened the field of the contract's dematerialization in introducing new procedures, in expecting new tranfer's conditions on dematerialized tenders, in shortling, in some case, the "dossiers de consultation des entreprises" (DCE)'s delays of tranfer or in guaranteing the security of information's exchanges, but it has also disrupted the forms and the formalities that those various deeds have to comply with. So the recent texts' examination shows the birth of a new contractual formalism. In fact, the aim isn't to erase any formalism but to rethink the formalities in mobilizing new technologies without weakening the essential principle of juridical security. Generally speaking, as the public e-procurement is now a reality, thus the question of the administrative contract’s execution is likely to be put in a new context. Beyond the renewal of contractual relations, the standard obligations of a sound public management then have to be rethinked althought other difficulties will rise. Therefore the administrative e-contract raises numerous interrogations, the answers of which, first of all, assess new methods of approach and new ways to define the administrative contract. Thus, this thesis will be on the basis of a typology’s essay about the contract’s dematerialization which has the aim to better understand the juridical consequences of this “transmutation de l’instrumentum” during the admnistrative contract’s development and then its carying out
Shandi, Yousef. "La formation du contrat à distance par voie électronique." Université Robert Schuman (Strasbourg) (1971-2008), 2005. https://publication-theses.unistra.fr/public/theses_doctorat/2005/SHANDI_Yousef_2005.pdf.
Full textThe legislator notices that the development of the remote economical exchanges, particularly via the internet is based on confidence. He intervenes on several occasions in order to remove the legal obstacles which stopped the conclusion of remote parties contracts via electronic channels. However the adopted terms are complex and sometimes open to criticism as to the inconsistency of the various texts. Those terms relate especially to the process of formation of contracts via electronic channels (particularly with regard to the content of the offer, the acceptance and the order) and the consumer protection. The legislator takes also interest in the conflict of the laws relating to the e-commerce whereas he remains silent on the subject of conflicts of jurisdictions and the extra-judicial settlements of lawsuits
Kablan, Serge A. "Pour une évolution du droit des contrats : le contrat électronique et les agents intelligents." Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25221/25221.pdf.
Full textJaber, Abbas Youssef. "Les contrats conclus par voie électronique : étude comparée." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10012/document.
Full textNumeric economics is based on confidence. National legislations, European law, as well as the project of Lebanese law Ecomleb, take into account the importance of confidence in numeric economics. Consequently, legislators have thrived to overcome the obstacles that may prohibit the conclusion of electronic legal contracts.In this study we have analyzed the legal regulations that govern electronic contracts in order to establish correlations with common law regulations. The contract formation phase, including the electronic offer content and acceptation, was particularly analyzed.In general, electronic contracts constitute an issue of great international controversy. Rules of competences of jurisdiction and the applicable laws are especially disputed.In conclusion, we have established that the legal value of electronic contracts depends to a great extent on the legal value of the electronic script and signature. Despite the presence of numerous projects concerning this subject in Lebanon, the established correlation does not apply
Maïga, Souleymane A. "Le contrat conclu par internet et la protection des consommateurs." Paris 2, 2008. http://www.theses.fr/2008PA020088.
Full textBrunaux, Geoffray. "Le contrat à distance." Versailles-St Quentin en Yvelines, 2009. http://www.theses.fr/2009VERS010S.
Full textIn European legislation and French internal rights, the distance contract is understood as a technique of distance marketing. This idea, which is limited to the consumer’s right, is incomplete. Not only the distance contract also concerns the common right of the contracts. Indeed, the concluding of distance contracts is not limited to relations between professionals and consumers. But, moreover, the distance contract is not analysed like a simple method to contract. Being given its characteristics, it can be understood as a kind of contracts. About this, it has a legal criterion marking its specificity, the contractual distance. Besides, it has a legal mode made up of rules which are specifically applicable for it. More than a technique available for professionals to contract with consumers, the distance contract is a legal category of contracts
Alenezi, Mordhi. "Contrat électronique et protection du consommateur en droit français et en droit koweïtien." Strasbourg, 2010. http://www.theses.fr/2010STRA4001.
Full textThe interest which dresses the e-commerce in a globalized economy makes no more doubt. Rules applicable to the electronic contract are henceforth known. However when the notion of electronic contract is evoked, it is impossible to neglect the protection of the cyber consumer. He is all the more vulnerable as he is going to make a commitment in a dematerialized and international environment. The guarantee of legal security which owes datum to the cyber consumer gets free throughout the contractual process. The consumer protection has to be made during the offer and the electronic acceptance in particular by the obligation of information and the proof of the consent of the consumer. Secondly, it is made during the execution of the mutual obligations of the parties and during the birth of disputes. These disputes have an international vocation due to the absence of any physical contact of the parties on the Internet network, where from the importance of the determination of the applicable law and that of the competent jurisdiction
Mohamad, Fadel. "Le contrat de cyberconsommation : de la confiance du cyberconsommateur à la méfiance du cybercommerçant." Paris 5, 2009. http://www.theses.fr/2009PA05D006.
Full textUnder the international contract law of consumption, the interests of both parts to a contract tend to be preserved by the dispositions of the international private law of the European communities. The consumers are protected, it without the legal security of the cyber-seller to be jeopardized. This is the result of the appliance rules pretty much simple and adequate (cf. Preliminary Chapter). The national - under French law - contract of cyber-consumption - meanwhile - go with an "over-regulation": several pieces of legislation - of a specific as well as a general extent - would apply to such a contract. Therefore, we could wonder either this "over-regulation" concerning the contract of cyber-consumption can guarantee the protection of the cyber-consumer and make him trust the e-business. Would this search for security concerning the consumer be an element which jeopardizes the law applicable to the cyber-seller, and - so - explain for the mistrust of this one about this kind of activity? This vast range of texts seems to guarantee the protection of the cyber-consumer (it tends to reach an excessive position), but could, de prima facie, jeopardize the legal security of the cyber-seller. The "over-protection" of the consumers goes intimately with a "under legal-security" of the seller. Trough my analyses emerge, therefore, on the one hand, the reasons leading to the "over-protection" of the consumer on line (Part I-); and, on the other hand, those according to which we could explain for the state of "under legal-security" affecting the cyber-seller (Part II-)
Mangin, Céline. "L'expression numérique du consentement contractuel." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10019.
Full textInformation and communication technologies largely affect many branches of the law. The contract law is not an exception and many contracts are now concluded online, regardless of the device used. The use of this means of communication is not without influence on the perfection of the contract, in particular on the means of expression of the intention of the parties in the digital environment. Indeed, the latter offers vast prospects in terms of instantaneousness, immateriality and automation of the expression of its contractual agreement, raising questions about the validity of contracts formed by electronic means. Observing the practices that have taken place on the Internet, it is now possible to note the influence of digital means of communication on the expression of contractual agreement, that is to say on the individual intentions of the parties, as well as the meeting of these. Individual intentions have thus been subjected to a process consisting of a series of obligatory steps, supposed to limit the cases in which the conclusion of the agreement would be an error. However, this process opens the way to the automation of the expression of individual intentions and their meeting, announcing then the age of contracts concluded or even executed nearly instantaneously thanks to recent development in artificial intelligence applied to the legal field. The traditional dichotomy between conclusion and execution of the contract thus reveals its limits, and the principle of freedom of choice, considered as the sole basis of the binding force of the contract, runs up against the appearance of new modes of expression of contractual agreement
Hazime, Mouhammed Issam. "Le droit confronté aux particularités du commerce électronique : approche franco-syrienne." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32022.
Full textEconomic activity and the new electronic marketplace are the concepts that motivate economists and lawyers to reorganize the new area of commerce. An electronic market provides its electronic character of the activity on the networks, which motivated the states to adopt certain rules governing this market. This use of global network encourages us to address the issue of electronic commerce law, and specifically the question of contract electronic sales in private international law. The first part of this thesis deals with one side of the particular issues and problems of electronic commerce in international private law. These issues take into account the issue of cyberspace as a new virtual marketplace: territoriality, internationality, the immateriality of this space. On the other hand, is the applicability of international conventions on electronic sales contrac. The second part of this thesis analyzes the technique and strategy of adapting national laws to be applicable to electronic contracts. Two examples of this analysis are adjusting to French law and the Syrian law
Mallet, Pierre. "L’incidence des procédés électroniques sur la formation du contrat." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD002.
Full textIn the face of the rapid growth of e-commerce the European legislator and his French counterpart were proactive to intervene to put an e-commerce legal framework.The intervention of the French legislature was necessary to create confidence in the electronic support.The legislative process in France began by accepting the electronic document as evidence and recognition after that as a condition to be convened.Legislative intervention is also demonstrated by the recognition of electronic signature and the organization of the contractual process on the Internet and recognition to internet consumers their reference right and applying methods of removing unfair conditions in electronic contracts.However, these interventions did not dispel the lack of trust in electronic document for several reasons:First, sources of provisions that regulate the electronic contracts are diverse and scattered in several legislative texts where they exist in civil law, consumer law, and others where sometimes they are not codified and this creates a real mess in some of the legal aspects, as is the case for commitment to informing this diversity of sources does not help the legislature achieve its goal of creating confidence in the electronic media.Secondly, the European law is the source of contract-mail provisions, where it often fails in creating harmony and simplicity due to the diversity of actors involved in the development of these laws so that European law sometimes becomes a factor of anxiety and lack of confidence factors. E-commerce sometimes grants extra protection which crystallized through the creation of commitment to news and be overstated as it must take into account additional information in the offer and acceptance, and also through the recognition of the right of withdrawal, which has spread widely.Finally, the legislator did not provide solutions to certain issues in the electronic contract as is the case for the identity of the contractor and the eligibility to use public law rules and contracts are not effective because the solutions offered that are not often consistent with this kind of contracts
Attia, Hassan Hassanein Magdy. "Le régime juridique du contrat international de vente électronique : étude comparée de droit égyptien et français." Paris 13, 2009. http://www.theses.fr/2009PA131006.
Full textThe study of electronic selling requires the analysis of this concept, the characteristics that distinguish it from a traditional sales contract and a global vision on the world of internet. The international characteristic of the electronic sales contract and the evidence field also represent this peculiarity of this contract which is the subject of our study. Initially, it is discussed the criteria that determine the jurisdiction of the courts either in Egypt or in France. Then we go to the determinations of the competent court for the parts of the contracts, and the role of electronic arbitration in resolving disputes relating to the contract of sale under cyber space relationships. The latter, we used as a kind of standard. Then the study is dedicated to the law applied to the international electronic contract. This will be determined by two ways the first is the means by which we will obtain this law and the second concerning its limitations. Firstly, we will analyse the elements of the contract on which this law will be applied. Secondly, the exclusion of the cases in which the law can not be applied, for example, as we have seen in our research some cases where the contract enter in the categories of the consummation contracts
Bouzid, Rachid. "Le contrat B to C à l’épreuve des nouvelles technologies d’information et de communication." Thesis, Angers, 2019. http://www.theses.fr/2019ANGE0046.
Full textThe development of new technologies has had a considerable impact on society. The rise of the Internet and the technological revolution have created cyberspace, in which borders are non-existent. The opening of e-shops to the outside world, the development of the free digital economy and the forced change of the economy in all sectors of activity testify to the scale of this revolution. These changes have created new protection needs for the consumer, given the risk factors generated by new technologies on personal data as well as the conditions for free and informed consent. In other words, the development of e-commerce has created difficulties that the legislator is trying to solve. On the one hand, the process of concluding the electronic B to C contract involves difficulties related to the identification of the professional, the knowledge of the product or service and the formalism of exchange of consent. On the other hand, there are difficulties with the legal solutions that the legislator provides to the consumer to knowingly contract. They concern the effectiveness of consumer sanctions, protection by the right of withdrawal and unfair terms. Consequently, the objective of this thesis is to highlight these protection difficulties and to propose legal and technical solutions
Picard, Willy Laning. "Analyse multiaspect de négociations électroniques." Paris, ENST, 2002. http://www.theses.fr/2002ENST0025.
Full textChemlali, Laroussi. "Protection du consommateur et commerce électronique : droit français, européen et tunisien." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0049.
Full textB to C e-commerce is increasingly gaining popularity. The number of its followers has seen a drastic surge throughout the few recent years. Its advantages in terms of speed, convenience and proximity are not any more questionable by consumers. Nevertheless, the characteristic of this medium used to carry out online transactions as well as the specificities of the electronic environment - in particular the immateriality, the interactivity and internationality - influence considerably cyber-consumers confidence. Simultaneously, they increase their vulnerability. Thus, the need for an appropriate legal framework to regulate the rise of B to C e-commerce and protect cyber-consumers. Taking into account these requirement, community, French and Tunisian legislators set up a number of measures to reassure the latter and allow them to engage confidently in online commerce transactions. These measures have two targets: some of them were intended to grant cyber-consumers an intrinsic protection in the process of the online transaction. This protection is set to be an upstream transaction protection at the pre-contractual phase as well as during the contractual period; i.e. at the level of on line transaction finalization and execution. The others aim to guarantee the consumer an extrinsic protection throughout the process of e-commerce transaction. In this respect, two aspects are taken into account, namely: personal data processed during transactions and the aspects of private international law of cyber-consumer protection
Guillemard, Sylvette. "Le droit international privé face au contrat de vente cyberspatial." Thesis, Université Laval, 2003. http://www.theses.ulaval.ca/2003/20565/20565.pdf.
Full textThis research project inquires whether the private international law rules used for traditional sale contracts can be transposed into the context of sales concluded and performed in cyberspace. In other words, it sets out to consider the utility and efficiency of such rules in a virtual world, without borders, where the concept of territoriality has no relevance. To examine this issue, rules and principles taken from the Quebec and French legal systems, as well as from international texts dealing with the topic, were compared. This comparative perspective revealed certain similarities, as well as a number of differences among Quebec, French, and international norms. Investigation of both similarities and differences is essential to any debate on cyberspace, which must be as universal as possible. The investigation also highlighted the principal technical characteristics of the virtual world, which in turn exposed certain difficulties that may be generated vis-à-vis the institution of the private contract. The attempt to apply traditional rules related to jurisdiction and applicable law to sales in cyberspace led to a conclusion that, although not all of these rules are entirely satisfactory, rules relating to the residence or establishment of cyberspace users better fulfill the function of connecting factors than those linked to the localization of the conclusion or performance of the contract. The latter simply lack utility for relations in cyberspace.More specifically, connecting factors arising from liberty of contract would appear to be the most effective for cyberspace sales. However, the principle according to which liberty of contract must be restricted in order to protect the consumer must be set aside since, inter alia, the «cyberconsumer» does not exist. Rather, there is a need for the elaboration of rules and principles that will protect any adhering party, irrespective of whether such party has any connection to traditional notions of a consumer.
Fakhoury, Roger. "Le contrat de vente sur Internet entre professionnels et consommateurs : étude comparée entre la loi libanaise et la loi française." Rennes 1, 2007. http://www.theses.fr/2007REN1G003.
Full textFacing the Internet revolution, the e-selling contract became an international way to consumption. This network has led to the globalisation of the economy where the contract between immaterial and international remote two parties physically absent is made possible. Facing emerge of new technologies, the French and the Lebanese law must evolve and modify their intensive judicial norms with this growing obligation to expand their ruling domains. This phenomena raises the delicate question of how exactly the law interprets the formative process of the formation and the immaterial execution of the e-selling contract. The answer to this question leads us to highlight the various difficulties accompagnying the e-selling conclusion. These dispositions deal particularly with the online offers and the new ways of the birth to the offer acceptance with a mouse click. So it follows pre-contractual obligations of information about the professional offer to consumer, models of exchanging consent and especially the regime of the electronic proof, signature and e-payments ways. Moreover, a particular attention is given to the protection of minors as well as to the publicity on Internet. Finally, the setting of disputed issues of the e-selling contracts is studied especially under the internationals conventions and the ways of extrajudicial autoregulations of conflitcts on line
Jazmati, Ola. "La sécurité de la formation du contrat de vente conclu sur internet : étude comparée en droit français, égyptien et syrien." Thesis, Rennes 1, 2019. http://www.theses.fr/2019REN1G002.
Full textThe dematerialization of the sales contract gives rise to problems of confidence. This has a negative impact on the evolution of e-commerce. International legislation as well as French, Egyptian and Syrian legislation take into account the importance of trust in the digital economy. They adapt their laws to ensure the security of the contract of dematerialized sales. They do not take only measures when forming the sales contract, but they adopt also measures to ensure the probative security of this type of contract. Syrian and Egyptian laws consider only the specificity of the contract of electronic sales in terms of consumption. The peculiarity of e-commerce, however, has been dealt with by Egyptian doctrine, drawing inspiration from French civil law. The French legislator imposes measures during the formation of the contract that are stricter in terms of consumption. In this study, we considered the legal rules relating to the formation of the contract of electronic sales in order to evaluate the measures taken by the legislations which aim to reinforce the confidence in the electronic sales contract. We also analyzed the e-discovery rules for electronic modes of proof to determine whether these rules are effective with regard to the probative security of the contract
Ternynck, Élise. "Le juge du contrat de travail et la preuve électronique : essai sur l’incidence des technologies de l’Information et de la communication sur le contentieux prud’homal." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20015/document.
Full textProcedure in labour contentious matters is the most significant place to observe the judicial reception of e-proof. Pragmatism and flexibility of the elected industrial tribunal offers a field of study which is suitable to observe the axiological confrontation between ICT and labour law and to observe the practicalconsequences of the inclusion of such proof in the litigants’ argumentation. This research endeavours to demonstrate that the use of e-proof receives a mixed appreciation from the Judge of the contract of employment. Indeed, he adopts a paradoxical behaviour: on the one hand, he shows boldness and takes part in the recognition of the e-proof during the phase of producing evidence; but on the other hand, he seems to be reluctant to make use of it in an effective manner. The result of this study is disappointing when considering the credibility given to e-proof is not equal to its procedural utility; it deserves to be the subjectof a more ambitious approach and of a general and more in-depth reflexion
Chendeb, Rabih. "La formation du contrat de consommation, étude de droit comparé." Paris 2, 2007. http://www.theses.fr/2007PA020005.
Full textMahi-Disdet, Djamila. "L'obligation d'information dans les contrats du commerce electronique." Thesis, Avignon, 2011. http://www.theses.fr/2011AVIG2032/document.
Full textInformation for operators, professionals or not, is the main tool of confidence in the digital economy and the European and national texts have proliferated to reinforce this in a more and more comprehensive way. Based on its origins (common law, the Consumer Code, special laws), the study will seek to make an inventory and classify the different sources of information obligations by providing different typologies adapted to their nature or purpose (the object and its price, duration, terms) and their role in the contract process (pre-contractual information, information on the formalization of the contract, the withdrawal). It will discuss the difficulties associated with the combination of special rules and common law (contradictions, variations, overlapping). In the silence of specific texts, it will also cover the penalties for non compliance with the obligation of information depending on whether it questions or not the validity of the consent (void contract, unenforceable)
Beasse, Muriel. "Conditions d'énonciations et stratégies d'écriture des narrations journalistiques du web : les renouvellements d'un contrat de véridicité." Thesis, Strasbourg, 2020. http://www.theses.fr/2020STRAG025.
Full textThis thesis focuses on seeking to understand the tension between transformations in contemporary journalistic writing and the obligation of truth traditionally associated with this activity. This idealised social mandate speaks to the appeal and to the legitimacy of journalistic practice and has a strong echo in the shifting public spaces where media companies and journalists are experimenting with new ways to inform. The research focuses on multimedia journalistic narratives exploiting the specificities of digital writing (webdocumentary, scrollytelling, long format, etc.). Our hypothesis is that the changes at play in these informative devices are negotiated in the cooperative dimension of the web. This work investigates the emergent practice of webjournalism as acts of writing in which narrative and digital modalities contribute to a reformulation of veridicity as a journalistic contract
Disdet, Djamila. "L'obligation d'information dans les contrats du commerce electronique." Phd thesis, Université d'Avignon, 2011. http://tel.archives-ouvertes.fr/tel-00911671.
Full textGiappichelli, Gaia. "I poteri di controllo e sorveglianza sui lavoratori in Italia e Francia : limiti e tecniche di tutela." Paris 10, 2008. http://www.theses.fr/2008PA100017.
Full textManagerial power, which is "inside the labour law", is above all a simple fact, a prevailing influence that can be exercised by the employers on their employees. Over time managerial power has evolved as a result of increases in the "opportunistic behaviours" that have been pursued by employees, behaviours that arose as result of an evolution in production tasks. In response to the opportunistic behaviours, employers strengthened , the intensity of the hierarchic controls and used to their own advantage the disciplinary measure menace. This increase of employer power, particularly recognizable in the temporary work or in the work schedules, matches with a structural weakening of labour law. I analyze a types of managerial power, including the powers to monitoring, schedule, to set work norms around working conditions. Moreover, to shed greater light on the matter I pursue a comparative analysis, contrasting the French and Italian cases. What is interesting about these two cases is that they both have similar conceptions of the employee, while also being influenced by the construction of the European Union, which is trying to harmonize national differences pertaining to labour law. Despite these similarities, however, we find that the construction of managerial power has evolved differently over the last 30 years
Hamié, Ahmad. "La forme des contrats électroniques." Poitiers, 2011. http://www.theses.fr/2011POIT3014.
Full textBetween the requirements of legal security and the requirements of technical security, this thesis adresses the matter the matter of forms of electronic contracts. However, it follows the traditional distinction between the two categories of legal documents : authentc instruments (notarized) and private documents. It tries to examine the currently applicable rules, while bringing forth various questions and unclear aspects resulting from a certain lack of harmonisation amongst theses rules, the multitude of issues raised, the limits of effectiveness of some of these rules as well as the adverse effects that could cause or generate differences in interpretation. .
Dukay, Bernadett. "Les enjeux des nouvelles relations contractuelles dans le commerce électronique entre professionnels." Paris 2, 2009. http://www.theses.fr/2009PA020101.
Full textMas, Florence. "La conclusion des contrats du commerce électronique." Montpellier 1, 2004. http://www.theses.fr/2004MON10009.
Full textMaroudis, Marguerite. "Le contrat à distance : notion et régime, étude comparative (droit français et droit libanais)." Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND006.
Full textThe distance contract knew a real development with the intervention of the new information and communication technologies which aroused an accelerated passage from the catalog to the screen and a commercial revolution of which the remote sale and essentially the e-commerce establish its privileged point of observation. The existing European, French and Lebanese legislative initiative was not, unfortunately, as high as the technological progress. On one hand, it bounds the distance contract as a contract of consumer law and not as a contract of common law. On the other hand, it connects the economic balance of power unbalanced between the contracting parties to their respective qualities (consumer and professional) and not to the defect of negotiation which precedes the conclusion of the distance contract. It is advisable, from then on, to propose a simultaneous comparative study which allows to reconsider the distance contract in the light of the period which precedes its conclusion by supplying solutions for the gaps and the existing legal disparities in the French and Lebanese substantive laws and in the European directives, to demonstrate that the distance contract as a contract of membership or by mutual agreement is a contract of common law which benefits from a appropriate regime. By involving diverse branches of the law, this comparative study allows to encircle this appropriate legal regime of the distance contract to release its notion
Zaky, Ahad. "Conflits de lois dans les contrats de commerce électronique." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA009.
Full textThe conclusion of contracts of electronic commerce by internet raises several legal issues regarding the determination of the applicable law, the competent jurisdiction and the consumer protection. Therefore, we can question the applicability of the traditional rules of international private law to this new way of conclusion of contract or otherwise postulate the adoption of new legal rules. Starting by this premise, the present work focuses on the influence of electronic commerce on the conclusion ofcontracts between professional and then between the professional and the consumer. In particular, this work explores respectively the location of the contract and the possibility to apply substantive rules (lex elecrtonica) in substitution of the conflict of law rules. Electronics arbitration, the applicability of this method of disputes settlement and the relevant legal issues have been addressed in this work
Riviere, Marie. "Le commerce électronique : aspects juridiques." Poitiers, 2009. http://www.theses.fr/2009POIT3011.
Full textBy wanting to fit tighly electronic trade in a limitative legal framework risks creating a disparity with the tradional trade, but even more imposing on it technical peculiarities sources of certain distrusts and moreover badly adapted to the addressee's needs. It is therefore important to exceed the successive disputations to the electronic support of trade tosearch a total juridical vision of electronic trade and avoid the feeling of a dispersion of the applicable rules. To introduce the juridical aspects of electronic trade and measure the impact of electronic form on right, law "économie numérique" (si c'est le NOM d'une loi) and its subsequent evolutions embrace group of juridical operations of the electronic trade inserting advertising by electronic way and contract by electronique way. The commercial and electronic advertising leads to the application of several dispersed texts which delimit the regime applicable to advertising in general. The elaboration of specific dispositions in advertising by electronic way imposes to determine the right of electronic advertising, as well as influence of electronics on the contents of advertising and its borders. The contract is the natural juridical support of exercise of electronic trade. Also it is necessary to introduce rules applicable to training and to execution of the contract of electronic trade. The training of the contract of electronic trade was the work of numerous studies, which allow to specify the influence of electronics on the training of the contract of electronic trade, both on thorough requirements and on the requirements of form. On the other hand, the execution of the contract of electronic trade was not much studied while it is about a source critical stage of bone of contention regulation of which contributes to reassure electronic trade
El, Badawi Lamia. "Les mutations du droit sous l'influence du commerce électronique." Paris 1, 2007. http://www.theses.fr/2007PA010278.
Full textGardet, Guillaume. "Services de la société de l'information et commerce électronique." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_gardet_g.pdf.
Full textThe phenomenon of informatization of social had the effect to impact on some fundamental notions such as society, commerce and services. From this observation, our research brings us to gauge the scale and scope of the phenomenon of informatization of judicial relationships in the main contemporary judicial systems. This upheaval is tangible in literature through the use of specific terms such as "information society”, "information society services” and "electronic commerce”. Thus, our work will start with the observation of the phenomenon of informatization of social relationships by means of a cross-section study of the branches of the social and economic sciences to conclude on the transposition of these phenomena into law. The stake of our study is not to analyze a judicial mechanism as such. Our concern is to determine whether a fact of a special nature is likely or not to be acknowledged by law. Specifically, the question is to determine which of the notions of "electronic commerce” and "information society services” is subject to actual acknowledgement by law. Our research have shown that this notional upheaval mainly impacted the European Union judicial systems, as much in the Union itself as in the internal law of its member states. Is there, among these notions, and more specifically one of them, that of "information society services”, one that carries essential fundamental characteristics to be acknowledged as a judicial fact per se, which would then lead to the introduction of special law, the law of information society services. While the term "electronic commerce” is widely used both in the business community, by some authors and to a lesser extent by the legislator, the notion of "information society services” tends to stand out within the judicial organization of the European Union judicial systems
Yammahi, Salem. "La protection du consommateur dans les contrats électroniques de consommation." Rouen, 2008. http://www.theses.fr/2009ROUED005.
Full textThis study examines the legal protection of consumers in electronic consumer contracts in respect of the contract : ads commercial electronic supply and acceptance of electronic contracts. Then she studied the legal safeguards in the contract as a right of withdrawal, the protection of privacy and personal data of consumers and the applicable law and jurisdiction. Lastly, the consumer protection during the execution of the contract : unfair terms, delivery, payment, legal safeguards "compliance, hidden vice, security products and service", guarantees commercial and service after sales
Lefèvre, Sophie. "Les techniques de contraste et d'ombrage en microscopie électronique." Paris 5, 1990. http://www.theses.fr/1990PA05P083.
Full textHadj, Mbarek Haroun. "La dématérialisation des opérations de crédits documentaires internationaux." Master's thesis, Université Laval, 2002. http://hdl.handle.net/20.500.11794/18504.
Full textTrabelsi, Riadh. "Contrats d'affaires et fonds de commerce dans le monde électronique : étude de droit comparé français et tunisien." Grenoble 2, 2008. http://www.theses.fr/2008GRE21004.
Full textAn electronic store can fill up all the conditions of fixity and permanence to conclude business contracts. Therefore, it constitutes an appropriate support for the selling of goods and services. In fact, the legal institution of "fonds de commerce" can be adopted to give a legal existence to this new economic reality, despite of its electronic character. Thanks to the idea of "legal universality", the business contracts can constitute an important element of the "fonds de commerce". It reflects with the other elements of the "fonds de commerce" the wealth of this particular institution of the French law
Al, Shattnawi Sinan. "Les conditions générales de vente dans les contrats électroniques en droit comparé franco-jordanien." Thesis, Reims, 2012. http://www.theses.fr/2012REIMD003/document.
Full textSummaryE-commerce activities and the legal frame that results from them raise many relevant questions. Especially those related to the protection of the layman buyer.Concerning this issue, and in the framework of fundamental rules. The professional seller should bring to the knowledge of the consumer all the legal rules laid down by the law in a clear and concise way before the conclusion of the e-contract. Thus, will be cited precisely: the identity and address of the seller (professional), particularly a detailed description of the steps leading to the conclusion of the contract. This is the case in the European and French law. E-contracts are also subject to legal rules framed by the obligations of and the seller the buyer such as delivery, reception, payment, e-signature of the contract, the right to withdrawal or repayment. Within the framework, we show a great interest towards the legal rules set up by lawmakers in the French law. It seems necessary for us that such accurate legal rules regulate e-commerce activities in the Jordanian law. The reason why we made some propositions in this thesis.Our study shows that general sales conditions are standard clauses and components of the adhesion contract binding consumers and professionals that represents the specificity of general sales conditions.Furthermore, those common clauses can be classified in two categories either related to the lay out of the contract or related to the accomplishment of the contract. At these two stages of the lay out of the contract, the consumer is protected by the legal frame provided by the French law who bans abusive clauses. Some of these rules can be transposed to the Jordanian law.Key words: Islamic law, Jordanian law, consumer, recipient, sender, delivery, guarantee
Badoz, Pierre-Antoine. "Propriétés de transport électronique dans les hétérostructures métal/semiconducteur." Grenoble 1, 1988. http://www.theses.fr/1988GRE10024.
Full textMohty, Ola. "L'information du consommateur et le commerce électronique." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G009.
Full textWith the current significant expansion in the concept of legal information, consumers may face some major difficulties when deciding to explore the online market. Numerous sources can provide multiple information, and buyers must conform to some chaotic practices that making it difficult to distinguish between relevant and irrelevant content. However, a well informed online consumer must rely on an authentic source with a relevant content. Therefore, it is clear that regulations related to the obligation for providing information to the consumer need to be examined closely. The recent evolution of the online market and the structural imbalance between the professional and the consumer revealed a number of significant discrepancies highlighting the need to revise the bases for consumer’s information obligation. At present, such a new concept of online information is emerging, with an extended “obligation to inform” and a permanent engagement with a reactive consumer
Fallah, Mohammad Reza. "Étude comparative entre le droit français et le droit iranien sur les dispositions concernant la formation des contrats applicables au commerce électronique." Strasbourg, 2009. http://www.theses.fr/2009STRA4007.
Full textContracts which are prevalent within the e-commerce industry carry two specificities of international importance, that of being, on the one hand, entered into over remote distances and that, on the other hand, of presenting themselves without necessarily any material support, is that of being virtual. These specificities raise a number of issues. First, one is faced with the substantive and procedural validity and effectiveness of contracts within private international law, which further impacts on evidential matters. Secondly, the protection of consumers as regulated by consumer laws has to be looked into. While the author has analysed these issues from a theoretical angle, built upon a comparative study of both French and Iranian positive laws, which have been amended in view towards rendering them applicable to the virtual world and namely that of the Internet, he draws heavily on passed problems which have been experienced from a practical point of view. The meticulous study of the subject has led to the overall conclusion that electronic commerce contracts can respond satisfactorily to the general regulatory requirements as imposed by both French and Iranian civil laws
Baghdadli, Tewfik. "Etude des propriétés structurales et électroniques de nouveaux matériaux à base d'alliages III-N pour l'optoélectronique." Thesis, Metz, 2009. http://www.theses.fr/2009METZ019S/document.
Full textThis thesis work concerns the electrical and optical characterization of new III-N nitride alloys for optoelectronics and the optimization of ohmic and Schottky contacts on these materials. The first part of this thesis was related to the realization of metallic contacts, particularly difficult for these high bandgap materials, by the optimization of the surface treatment, multi-layer metallization and thermal annealing. We developed annealing processes at relatively low temperature (between 200°C and 500°C) and studied the effect of the chemical treatment and annealing in order to find the optimal conditions for ohmic contacts. We obtained for instance Ti/Al contacts with an excellent ohmicity and used Pt to process Schottky functional diodes. The second part of this thesis was related to the study of the electronic and structural properties of the new BGaN alloy grown by MOVPE in our laboratory. The electric characterization showed for the first time a dramatic increase in the resistivity associated to the decrease of the free carriers’ concentration when the composition of boron in BGaN increases. The variation of the resistivity in BGaN with respect to the temperature was analyzed by using a theoretical model which takes into account the free carriers’ interaction with impurities and phonons and the variation of resistivity with boron in BGaN was discussed in this framework and linked to a compensation phenomenon of the residual dopants. On the other hand a very interesting correlation was carried out between Raman and electrical results through the phonon-plasmon coupling