Dissertations / Theses on the topic 'Contrats (droit romain) – histoire'
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Teixeira, Cédric. "La classification des sources des obligations du droit romain à nos jours." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30079/document.
Full textWith the appearance of several sources of obligations in Roman law (contract and torts), jurists sought to classify these sources. That started with the classification of Gaius in his Institutes. This study proposes to study the evolution of the classification of the sources of the obligations since its appearance in Roman law until its most recent aspects. It relates consequently to doctrinal classifications of the former law, classification present in the Civil code and its interpretation by the doctrines of the 19th century, and the evolutions of this classification at the 20th century under the influence of the German right in particular
Charriaud, Jean. "Le contrat de dépôt (XIIe-XVIe siècle) : une figure contractuelle protéiforme." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020040.
Full textThe XIIth century marked the dawn of a new era characterized by the revival of Roman law, as well as by a renewal in economic trade – trade that had expanded greatly by the late XVth century with the discovery and conquest of the New World. Confronted with this new legal context and with economic demands requiring more sophisticated legal skills, medieval jurists and their successors during the Renaissance attempted to define the contours of a very enigmatic Roman contractual agreement – the deposit. Deposit contracts were used for all sorts of economic and legal operations, including those deemed most morally reprehensible at the time. Thus, beyond the doctrine itself, all of the legal actors of the period were forced to attempt to regulate and define these multifaceted contractual agreements. Such efforts at legal categorization as such mobilized the energy of public authorities, but also of jurists of customary law and legal practitioners, who never stopped seeking solutions to a problem that remains a thorny issue even still today
Courreges, Anthony. "Les contrats pour autrui." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10002.
Full textBabusiaux, Ulrike. "Id quod actum est : zur Ermittlung des Parteiwillens im klassischen römischen Zivilprozess /." München : C. H. Beck, 2006. http://catalogue.bnf.fr/ark:/12148/cb40923133d.
Full textGiannozzi, Elena. "Le bonus vir en droit romain." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020008.
Full textThe “vir bonus” is often mentioned in the sources. However, the “vir bonus” is not only an ethical ideal, but also a hermeneutic criterion that allows us to interpret and integrate the legal acts. This is the technical meaning given to it by the jurisconsults, at least starting from the II century a.C..The “vir bonus” should be replaced in the general context of Roman arbitration and distinguished from the “arbiter ex compromisso”. In particular, the “vir bonus” is used the field of obligation and inheritance rights. Therefore, it is used in bilateral as well as unilateral judiciary stores. At times, speaking of the “vir bonus” a third party is implied, called into question through the role and actions of a “vir bonus”; however, this third party often has an objective value. In this hypothesis, an honest man’s judgment (“arbitratus boni viri”) has an abstract value. Even though there is a link between the concepts of “vir bonus” and “bona fides”, the hermeneutic criterion of the “vir bonus” is also used in the actions that are “stricti iuris”. The use of the “arbitrates”“boni viri” allows judgment to be more flexible without questioning the “stricti iuris” nature of the action
Vallar, Sandrine. "Le rôle de la volonté dans l'interprétation des contrats en droit romain." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020046.
Full textThis is a study of Roman private law, more precisely of the role of will in Roman contract law. The question of voluntas is well-known among inheritance matters. But it seems not to be unknown in contract law as well. Indeed, will does not only concern consensual contracts. It clearly also occurs in real or formal contracts. This taking into account of will seems to be the result of Roman jurisprudence. Cases of jurisconsults have to be analyzed in order to determine the role and the relevance they give to the will of the different parties. The main sources which have to be exploited are the Institutes of Gaius, the Praetor’s Edict, the Digest, the Code and the Institutes of Justinian. The study focuses on classical Roman law (2nd century BC - 3rd century AD), and depending on the results, it could reach postclassical law (4th - beginning of 6th), and Justinian law (6th century)
Robert, Jean-Christophe. "Fructus belli ac victoriae : les profits de guerre et de conquête à Rome (de la première guerre punique à la mort de Trajan, 264 av. J.-C. - 117 n. è.)." Perpignan, 2002. http://www.theses.fr/2002PERP0422.
Full textFrom the first Punic war to the last conquests of Trajan in ancient Rome (264 B. C. - A. D. 117), military victory was supposed to ensure gain. As far as had been legally declared, the enemy himself, his property and territory, were booty of Roman people. Some other charges, paid in kind or in money by the Beaten, were fixed when peace was brought back and effective conquest organized. Until the last century of the Republic, Roman State kept control on fructus belli ac victoriae despite unlawful magistrates attempts at grabbing. Wealth from conquered countries flocked massively to the Treasury, to city gods, and to commanding officers who grew richer in bello. Businessmen in the provinces, army and even urban plebs, increasingly claiming since Gracchean time, had a share of the imperialism profits too. But when came the first century a. C. General crisis, great imperatores used war profit to lay their political and personal power. "Evergésies" and populism opened up imperial monocracy. The emperors will rule a still extending empire, channelling his manpower, material and financial resources to secure as well their own glory as this of Rome
Gency-Tandonnet, Dominique. "Les contrats conclus par les agences de voyages : histoire d’une évolution." Paris 12, 2001. http://www.theses.fr/2001PA122002.
Full textAcosta, Joaquin Emilio. "La constitutionnalisation du droit colombien des contrats : contribution à l'étude du droit transnational des contrats." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0274.
Full textTraditionally, the law of contracts of Romani tradition has basically had its source in the law and in particular in the Civil Code. Thus the contracting parties had a great deal of legal discretion, since most of the laws governing contracts had a residual character of the individual will. However, this primacy of the legislature has been limited by the promulgation of the post-war Constitutions. Indeed and incontestably, human rights are the fashion, and this vogue leaves its imprint in the law of contracts. From now on, it is no longer possible for the legislator to violate certain principles having constitutional value. Moreover, this system allows the contemporary constitutional judge to annul statutory provisions that violate such imperatives. Similarly, the guardians of the new constitutions give themselves the power to indicate the interpretation that ordinary judges must adopt of the legislative texts. In this way the constitutional judge becomes an important actor of contract law in the Romanist family. Thus, an event marks a new stage in the development of private contract law: its constitutionalization. This new episode gives rise to the debate on a possible questioning of the contractual civil order
Poirey, Sophie. "Droit, suicide, suicidés : histoire d'une condamnation." Dijon, 1995. http://www.theses.fr/1995DIJOD003.
Full textSuicide is a prominent phenomenon in France today. Whether an act of bravery or of cowardice, it is one of the last remaining taboos of our society. Suicide is in itself a profoundly disruptive influence, which is a serious inducement to society to protect itself through one of its key instruments of repression: the law. To the legal historian, the sanctions imagined to punish those who to take their own lives are particularly indicative of a society's attitude towards death. While tolerated to some extent in ancient Rome, suicide was radically condemned by the church, and has been condemned by secular legislation down the centuries since. Our law is still deeply marked by the religious anathema, and the stigma of this condemnation is still apparent in public and private law alike. Once a crime of divine leze-majesty, suicide now seems to have become a crime against society that the law scholar can only fully apprehend through a historical approach to legal repression, shedding light on positive law
Aubanel, Jean Luc. "Le destin historique de la romanité des origines à nos jours." Nice, 1991. http://www.theses.fr/1991NICE0020.
Full textMeyer, Julie. "Les mesures de grâce dans l'histoire du droit répressif romain : réflexion sur les rapports entre la peine, la politique et la religion." Paris 10, 2007. http://www.theses.fr/2007PA100141.
Full textThe purpose of this study is to define what was the grace as a concept for the Romans, what it implied from an antique perspective but also to find what consequential effects it still has on nowadays laws and our conceiving of the idea of power, in which it is still a key concept. Understanding the origins of grace in Roman institutions is particularly relevant, since as far back as the Republic era, the Roman lawmakers implemented many different kinds of remission. The imperial regime, concentrating all powers in the hands of a single person, had finally defined the ultimate stage of grace laws. If in the Republic times, remissions were used as political tools and thus were very common, it nevertheless evolved during the Empire and became a root of legitimacy and an attribute to the Emperor's power, up to the Christian era with which the concept of gratia is going to become key word
Boccara, Dario D. "Essai sur le rapprochement des systèmes de droit romano-germanique et de common law : théorie générale d'une convergence asymptotique." Lyon 3, 1993. http://www.theses.fr/1993LYO33009.
Full textMore than merely evoking the connection between legislation and case-law, close comparaison of the common law system and that of civil law implies the basic unity of law. On the inter-system level, we find this latter notion in the transposition of the continuity necessary to internal order as it is expressed in the various combinations of formal sources of the law. This particular presentation is strongly supported by comparative studies indicating that the divergences, which may be observed in numerous positive laws, reveal no real rupture due to an inherent difference of the natures of the two systems. Moreover, the notion of convergence between the two systems and the coherence between legislation and case-law repose on the universal continuity fo reasoning as it must be established through logic. Whatever the circumstances, once established, this is only valid if it remains unaltered by the legal systems which employ it. Finally, the initial divergences existing between the two. .
Kouacou, Agaman Cyprien. "La portée du caractère accessoire du cautionnement." Nice, 1985. http://www.theses.fr/1985NICE0002.
Full textWiegard, Gunda. "Die Geschichte der Klagefrist des Art. 1648 C. Civ. In der Fassung von 1804 im Vergleich mit der Entwicklung des § 477 Abs. 1 S. 1 BGB in der Fassung von 1900." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_wiegard_g.pdf.
Full textThe aedilitian edicts provided in Rome a protection against goods with hidden deficiency. In general, the purchaser of a slave or cattle had six month for introducing the actio redhibitoria and one year for the quanto minoris. Some questions concerning these rules still await an answer: Which is the significance of Gai. D. 21, 1, 28, Ulp. D. 21, 1, 19, 6 and Pap. 21, 1, 55, and what is the relation between these fragments? How did the perception of these texts change between the 2nd century AD and the 6th century AD, when under Justinian the compilation of the code and the digests were accomplished? How did the later Byzantine law transform these prescription rules into national law? The first part of the thesis tries to clarify these points. The second part is dealing with the development in France: Starting with leges (Romanae) barbarorum and ending with modern law, what kind of aedilitian laws are known in French law, i. E. In the royal law, the coutumes and usages, and discussed in French literature? Which was the role of Roman law in France that the fathers of the Code civil in 1804 finally voted for the term bref délai in art. 1648 C. Civ and what is the meaning of bref délai? The third part summarizes the history of the aedilitian laws in Germany, starting with leges (Romanae) barbarorum and ending with modern law. § 477 BGB is closer to the Roman law, but contains some elements from the German regional law. The emphasis of this part lies on the differences in the development in Germany compared with the situation in France
Péna, Marc. "Le stoïcisme et l'empire romain." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32013.
Full textStoicism allies a highly technical and complex system to a thoroughly identifiable style of life outside any philosophical reference. The result is an opem, non systematic wisdom, without any hermetism, which is rich and fluid and able to live through the vicissitudes of history. It permits us to have a better apprehension of the astonishing plasticity of portico, able to be at the origin of the hellenistic period, then to ? and support a political system corresponding largely to its vision of the word : the roman empire. Lastly it managed to survive this very system and to influence the great doctrine from christianity to modern times, as weel as contemporany political thinking in some respects. Indeed, as a political ideology the contribution of stoicism is certainly to have been able to concerve the whole, a universal monarchy in which all individuals can find a place. As a political moral doctrine, it is to have wanted and to have been able to safeguard the freedom of each of the individual in this whole. Almost officially adopted by rome and its emperors, stoicism went much further. Its notion of the individual resting upon the archetypal sage, its notion of a world that is one and universal, its philosophical notion of the harmony between these two poles : the individual and the universal, gave rise to the cult of an inner god renderer to the core of the individual
Sakrani, Raja. "Sources doctrinales du code des obligations et des contrats tunisiens." Paris 2, 2003. http://www.theses.fr/2003PA020045.
Full textSaint-Bonnet, François. "L'état d'exception : histoire et théorie : les justifications de l'adaptation du droit public en temps de crise." Paris 2, 1996. http://www.theses.fr/1996PA020120.
Full textThe state of exception- history and theory- the justifications of public law adaptations under crisis circumstances. From the roman republic to the actual French administrative and constitutionnal law, the state of necessity (or constitutionnal dictatorship) is treated in a theoritical and a practical view point in order to highlight its specificity beyond politics and law
Friedrich, Clemmy. "Histoire doctrinale d'une mise en discours : des contrats de l'administration au contrat administratif (1800-1960)." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10039/document.
Full textThere is a history of administrative contracts that is commonly shared by the legal experts. Developed at the very time when their theory was designed, it argues that the Council of State would have conceptualised the administrative contract in the first years of the 20th century, before the emergence of a general theory proposed by Gaston JÈZE, then Georges PÉQUIGNOT and André de LAUBADÈRE. From this perspective, the administrative law specialists of the 19th century would have been unable to think the administrative contract. If we unquestionably agree that the administrative contracts theory is contemporary with the inter-war period, these specialists did not lack of interest in the administrative contracts according to their very own preoccupations. On one hand, the administrative contracts theory, the paternity of which being traditionally attributed to Gaston JÈZE, is shaped by the inter-war period. The contrast between this time and the “Belle-Époque” period brings to light the motives behind the will of some administrative law specialists to stand up for this idea – unintelligible until then – that there could be two different kinds of contracts (part 2). On the other hand, the administrative law experts of the 19th century focused their worries about the contracts of the administration on contemporary issues. Whether it be to characterise the administration and its jurisdiction, or be it to develop representations of the administrative law. Without constituting a general theory that would emphasise their unity, the contracts of the administration were used to discuss the administrative law, so much so that they were a vector of its dynamism (part 1)
Cremers, Thiébald. "Les contrats dans le très ancien droit des Pays-Bas méridionaux : étude du droit contractuel de l’an 1000 à 1300." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020072.
Full textHis PhD is a study of the law of contract and its practice in the customs of Northern France andBelgium between the years 1000 and 1300. he authors opens with an analysis of who entered intowhich contracts for what reasons.he sources of this study are the various liberty charters granted to townships as early as the mid12th century as well as the practical contracts laid down by lords such as counts, dukes and abbeysand, in the 13th century the chirographs that aldermen used to register the most divers contracts. Asof the years 1280, customs books made their appearance. hey conirm the indings resulting thestudy of the thousands of practical sources of the 3 preceding centuries.As a result of the social and economic transformations that took place in Europe in the 12th and 13thcenturies, an entire new contractual law was shaped around newly formed and growing towns,commercial renaissance and the territorial lords’ increase of power, including jurisdictional.A central question of the law of contract is how to force the debtor to respect its engagements. Inorder to answer that question, the validity of the engagement must irst be ascertained. For this, thecustoms of the 12th century used techniques already in place for the transfer of immovable property,i.e. effecting the transaction publicly before the local lords or before their justice. Record contracts,i.e. establishing a specially qualiied witness’ testimony, before aldermen seemed the natural mannerof achieving the necessary publicity, legitimacy and publicity. herefore the accomplishment offormal requirements was never, even in the early beginning of the period here studied, ixed.Formalities existed; formal contracts didn’t. Likewise, the question of consensual contracts, timidlyaddressed in certain custom books, seemed to cause consternation for that question is distant fromthe customs already in place. Finally, enforceability was achieved through imprisonment, seizure ofchattels and inally that of immovable property. In order to increase the creditor’s chances of beingpaid, customary law had recourse to the pledges, against whom the debt could likewise be enforced
Braun, Guido. "La connaissance du droit public allemand en France de la paix de Westphalie au Renversement des alliances (1643-1756)." Paris 4, 2006. http://proxy.scd.univ-tours.fr/login?url=http://www.degruyter.com/view/product/232006?rskey=v7uzHI.
Full textThis book analyzes the way French statesmen, diplomats, jurists and historians thought about the Holy Roman Empire during the period that extends from the peace congress of Westphalia to the Renversement des alliances (1643–1756). The main subject of the study is their knowledge of German public law. It pays particular attention to translations as a source of historical knowledge, given that the French versions of German fundamental laws and of the international treaties signed in Latin by France and the Emperor can be used like a seismograph showing the translators’ interpretation of the German constitution. The study also analyzes French books and memorandums on German law and history, demonstrating that the French foreign policy towards Germany was an application of an already acquired constitutional knowledge as well as a source of new knowledge. Furthermore, it pays attention to the role of Alsace in the process of the transfer of knowledge and, from the point of view of an entangled history, to the way in which Germans themselves judged French knowledge of German public law. In the course of the study, it becomes clear that the French notion of the Empire, for all its heterogeneity and complexity (which historiography has neglected so far), appropriately referred to the Empire as a federal state combining monarchical and aristocratic elements. Thus the French authors developed a terminology which could properly describe the institutions and functions of the Empire’s constitution, thereby contributing to the rise of French as a diplomatic language. In this process the Alsatians and the Germans living in France played a leading role as cultural mediators
Dolt, Jean-Philippe. "L'évolution de l'indice de la procédure criminelle en France, en Angleterre et en Allemagne, du monde romain à la fin du XVIIIe siècle." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30002.
Full textCircumstantial evidence is first mentioned in the treaties of rhetoric of the classic period and by the roman jurists. Rhetors consider that indicia belong to the class of argumenta used in justice to produce magistrates' convincement. Roman jurists give to the word indicium the sense of sign of another thing, but this vocable means also argumentum. After the Lower Empire collapsed, circumstantial evidence adapted to the Germanic procedure, in which the object of proof is the truth of each party's assertion. In this system, signs of credibility are : divinity's inaction when a party takes an oath, attendance of jurors, party's social rank and antecedent, and finally the sign produced by the ordeal concerning the accused's innocence or guilt. In the system of legal proof from the " jus commune ", indicia--circumstantial evidence and direct imperfect evidence - are excluded from the class of evidence sufficient to prove the crime and the accused's guilt. Indicia are only used in keeping with the recourse to torture. Judicial arbitrium concerning the appreciation of these indicia is limited by the medieval doctors. After the XVth century, continental and English criminalists admit the use of indicia when no better evidence is available. This evolution results from the influence, both of the classical treatises of rhetoric and the theory of probabilism which appeared during the XVIlth century. After 1800, the principle of judgement according to free conviction is admitted all over Europe. However, since the end of the XIXth century, the development of forensic sciences bas lead to the supremacy of circumstantial evidence, which some jurists consider as the new probatio probatissima
Ducret, Patricia. "Les professeurs de l'université de Paris au XIXème siècle et le droit romain." Thesis, La Rochelle, 2012. http://www.theses.fr/2012LAROD031.
Full textOur research concerning the professors of Roman Law at the University of Paris in the XIXth century attempts to demonstrate the emergence of a historical school of thought. It’s prosoprography that brings to light the Professors’ geographical and social environment through marriage contracts,declarations of inheritance and inventories after death. After examining at the Romanists’ private life,we studied both their career paths from their PhD studies up to their professorships and the means of access to this Professorship.We also intended to highlight their career choices : research, teaching,administrative responsibilities, practice of law, judiciary or politics. Finally, we aimed to determine the extent to which a Romanist historical school of thought existed in spite of the exegetical straightjacket. To reach that goal, we separated them from the Civilists and looked at their own specificities as they differed in both the conception and the methods of teaching as shown by their scientific output. Our sources led us to draw on their works to determine which fields of Roman Law they would have favoured. The Romanists succeeded in ensuring the triumph of an evolutionary approach, despite being under an exegetical constraint, which gradually built up to what we can definitively call a “Romanist historical school of thought
Wellebrouck, Gurvane. "Présence et ambitions des affranchis dans l'Empire Romain." Thesis, Paris 4, 2016. http://www.theses.fr/2016PA040070.
Full textDrawing the situation of the Imperial roman society, through a part of her population, the freedmen’s one, let us study a particular and real life of this period. Indeed, formers slaves become, by the manumissio, Roman citizens but a dichotomy clearly emerge : freedmen not only endure the macula, this social inferiority due to their slavish origins, but a lot of them also were trying to overstep this fatality in order to raise themselves in the rank of the most influential citizens of the city. Nevertheless, by law, politics and intellect, the image of the freedmen in Rome was often devaluated. It is revealing as much in legal and official vocabulary used for define them as in portrays which Latin literature makes of them. Moreover, this inequality was considered by the freedmen like an obstruction to their individuality and so, they had to search, by their competences, their personal ambitions, sometimes their arrangements, to be visible for the free-born citizens. By the light of epigraphically sources, we want to see the different sectors, public or private, in which this presence has spread and how Rome has considered this population. Freedmen’s presence and effect on the moral and cultural traditions of Imperial period created thoughts matters, issued often from critical or mocking spirits but the beginning of a new thinking about the Roman society too
Jugue, Floriane. "L'émancipation dans les pays de droit écrit (XIIIe-XVIIIe siècle)." Grenoble 2, 2008. http://www.theses.fr/2008GRE21025.
Full textHubert, Armelle. "Etude des contrats de mariage et de la pratique notariale à Paris au milieu du XVIIIe siècle (1749-1758)." La Rochelle, 1999. http://www.theses.fr/1999LAROD004.
Full textAboubacar, Youssouf-Mdahoma. "La responsabilité pénale de l'enfant du droit romain jusqu'au code de la justice pénale des mineurs." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0511.
Full text« Then the evidence you leave it to the jury. And where will they seek the proof of discernment ? In the soul of the acknowledged culprit: it is closed to them. What's more arbitrary, what's less reasonable. I ask that this article be removed ». Thus, Dominique Joseph Garat, deputy of the Constituent Assembly, exclaimed in front of the national representation to affirm his opposition concerning the idea of a miner's irresponsibility based on discernment. This insurrection will not be the only one, on the contrary. Indeed, the issue of child delinquency has continued to return to public debate, and even very recently with Ordinance No. 2019-950 of 11 September 2019 on the legislative part of the Code of Juvenile Criminal Justice. The legislator, the jurisprudence and the doctrine have always endeavored since the beginning of the contemporary era to construct a legal regime peculiar to the child, basing himself particularly on the notions of “age” and “discernment”. However, the company's concern with its civil and criminal liability is not recent: the legal status of the child has been the subject, throughout history, of specific adjustments and different from that of the major. From Roman law to the 1945 ordinance, passing in particular by canon law and the Ancien Régime, the evolution of the responsibility of the one whose reason is not yet fully developed appears certainly interesting but especially indispensable in the understanding of the spirit of the rules that are applicable today.In this sense, this thesis will deal fully and chronologically with this evolution
Rajalu, Bruno. "Les Grands travaux d'urbanisme et le régime de la construction dans la Rome antique." Paris 12, 1986. http://www.theses.fr/1986PA120205.
Full textLundgreen, Christoph. "Regelkonflikte in Rom : Geltung und Gewichtung von Normen in der römischen Republik." Paris, EPHE, 2009. http://www.theses.fr/2009EPHE4023.
Full textThe key element in this study is the concept of conflicting rules in the Roman Republic. The study focusses on four major institutions: elections, allocation of provinces by lot, religion-related norms and the awarding of triumphs. Drawing on a theory-based approach to the concept of rules, it will be argued that the majority of norms in Rome are not to be understood as strict rules but rather as flexible principles, thus necessitating constant consideration and evaluation. This process of discussion and subsequent decision took place above all in the Senate, which in due course acted as a powerful arbitrator. Given the enormous normative power of the latest relevant vote of a Roman assembly on the one hand, and of religion-related norms on the other hand, one can, however, neither speak of a hierarchy of norms nor of a hierarchy of institutions. Instead, different spheres of norms and validity emerge, which create a situation where decisions can only be made based on a broad consensus and where the risk of a political stalemate always prevails. Because of the formation of a new elite in the wake of the devastating loss at Cannae, when new men entered the senate on a large scale, the emergence of this elite was enhanced by means of legislation, which transformed custom and implicit norms into regulations which were explicit but also more rigid. More and more rules were followed and complied with, less was decided case by case. Although this development led to success in terms of stability and further expansion, it turned out to be fatal in the long run for the Senate as the decision-making institution, which lost its position as the arbitrator in cases of conflicts
Le, Sergent Etel. "La pratique notariale orléanaise, de la coutume au Code civil : Les contrats de mariage orléanais de 1650 à 1850." Paris 2, 2006. http://www.theses.fr/2006PA020057.
Full textBouchard, Valérie. "Naissance et déchéance des volontés : une histoire commune du droit civil et du droit d'auteur illustrée par le régime canadien de gestion collective du droit d'exécution des œuvres musicales." Master's thesis, Université Laval, 2008. http://hdl.handle.net/20.500.11794/20485.
Full textVassart, Patrick. "Mentir à Rome: mentiri ou mendacium dicere ?L'inhospitalité des sources juridiques." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209667.
Full textUne première partie de l’essai s’attache à identifier la terminologie latine du mensonge. La tradition nous a légué les définitions et acceptions rigoureuses retenues par saint Augustin, sans égard à une subtile distinction qu’Aulu-Gelle avait puisée chez Nigidius Figulus :'mentiri' et 'mendacium' empruntent leurs étymologies distinctes respectivement à la pensée (racine *men-) et à l’erreur ('mendum' ou 'menda'), mais l’absence de parenté étymologique n’a guère affecté une étroite alliance sémantique dans l’usage, et ce aussi loin que remontent nos sources, en l’espèce l’œuvre du dramaturge Plaute, œuvre où abondent ces deux mots qu’aucun écrit antérieur n’atteste.
La deuxième partie de l’essai confronte l’alliance sémantique des deux mots à leur absence dans les textes conservés du droit archaïque, en vue de tenter d’expliquer leur rareté dans les textes ultérieurs. Une œuvre fait l’objet d’un examen approfondi, en raison de la remarquable représentativité de la mentalité d’âge républicain qui doit lui être reconnue :la comédie du Pseudolus de Plaute. La valeur de témoignage de ce texte ne peut cependant être mise en avant qu’en écartant deux préventions :1) l’inattendue irrigation du texte comique par la doctrine épicurienne – la canonique (ou discipline du raisonnement) bien plus que l’éthique – n’y réduit pas la thématique du mensonge à une parodie de la notion du clinamen, notion alors anachronique si l’on s’en tient aux seuls textes attribués à Epicure ;2) il convient de ne prêter au dramaturge aucune intention subversive comparable à celle qui avait peu auparavant valu la censure au poète Naevius. L’analyse du texte, dans sa perspective historique éclairée par les récits de Polybe et de Tite-Live, conduit à relier l’hommage de Plaute aux facultés intellectuelles de discernement qu’il prête aux Romains – alors à l’apogée de leur condition juridique de 'ciuis/miles' ou citoyen/légionnaire – à la promotion politique des vertus du raisonnement et de la circonspection, promotion symbolisée par la dédicace d’un temple à Mens au cours de la deuxième guerre punique. Le droit civil – au sens de droit objectif propre à la cité – apparaît alors, dans la rigueur de son formalisme originel, comme le corollaire, dans les rapports juridiques entre citoyens, de la discipline imposée au légionnaire dans sa confrontation à l’ennemi extérieur ('hostis/inimicus') :un impératif civique d’exercice constant de la vigilance et de la 'prudentia'. Aussi n’est-ce pas la faute morale du menteur qui doit être juridiquement sanctionnée, mais bien la coupable imprudence de l’interlocuteur qui verse dans l’erreur et succombe à l’'animus fallendi' du menteur. Encore l’étymologie retrouve-t-elle ses droits lorsque s’opère une distinction entre, d’une part, la neutralité du substantif 'mendacium' – son aspect ‘métallique’ d’arme susceptible d’être maniée en bien ou en mal selon la qualité civique de l’utilisateur – et, d’autre part, la stigmatisation du verbe déponent de sens médio-passif 'mentiri'. Ce verbe, immédiatement dérivé de la racine *men-, aurait pu ne viser que le fait de ‘penser’ s’il n’avait, comme l’analysera Varron, été réservé par l’usage qu’à une pensée strictement égoïste, excluant comme telle tout partage, donc à l’encontre des devoirs inhérents à la participation aux débats dans les assemblées publiques caractéristiques de la vie républicaine :être animé d’une pensée susceptible de partage se dit 'cogitare'.
La troisième partie de l’essai s’attache à décrire l’évolution de la mentalité héritée de la deuxième guerre punique à la mesure de l’extension du domaine de l’ancien droit civil à une société cosmopolite, au sein de laquelle les attentes placées dans la figure emblématique du citoyen romain sincère doivent composer avec les nécessités nouvelles de relations juridiques plus complexes, relations que les vertus civiques prêtées au citoyen/légionnaire ne peuvent plus suffire à régir. Evolutions contrastées du 'ius publicum' et du 'ius priuatum' :tandis que, sur la voie du Principat, les rapports de force politiques cantonnent le devoir de sincérité à une morale personnelle bien aléatoire au cours des conflits qui altèrent le dernier siècle de la République, le droit privé s’enrichit du 'ius gentium' pour s’efforcer, dans les 'iudicia bonae fidei', de substituer à la vigilance formaliste une conscience substantielle des devoirs de sincérité des cocontractants. C’est toutefois en vain que Cicéron suggère de transposer à la scène politique l’éthique du droit civil, ou que Virgile (en particulier dans un épisode-clé du deuxième livre de l’Enéide, manifestement inspiré aussi par la canonique épicurienne) tente de ressusciter une éthique collective de la vigilance face au mensonge. Etrangers donc au droit public de l’Empire, les termes mendacium et mentiri n’apparaissent qu’en ordre dispersé dans un nombre restreint de notices du Corpus iuris ciuilis et, faute d’y être érigés en termes techniques, ne participent que de transpositions ponctuelles aux rapports de droit civil de sanctions inspirées par un devoir de sincérité jadis enraciné dans des notions républicaines de la responsabilité personnelle et de la solidarité.
Aux termes extrêmes de nos sources latines antiques, le mensonge, dans sa dimension élémentaire d’affirmation délibérément trompeuse, a été entendu de deux façons apparemment diamétralement opposées :d’un impératif républicain de sanction de la crédulité à la condamnation uniformément rigoureuse prononcée par saint Augustin. Cette opposition se mue cependant en synthèse si l’on veut bien considérer que la conception augustinienne tend à conférer la dimension métaphysique de la Cité de Dieu au devoir romain de sincérité autrefois et autrement promu dans les limites de la seule cité républicaine. Entre deux conceptions absolument fondées sur la norme éthique, la norme juridique romaine, seulement appelée à régir l’altérité avec réalisme, n’a traité qu’avec une parcimonieuse prudence de cette perversion de la pensée qu’est le mensonge.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Molinier-Arbo, Agnès. "Père et fils au pouvoir dans l'historiographie impériale d'Auguste à Vespasien." Paris 4, 1999. http://www.theses.fr/1998PA040305.
Full textBénou, Lisa. "Théorie et pratique juridiques à l'époque des Paléologues : Byzance XIIIe-XVe siècle : le droit de propriété et son application." Paris, EHESS, 2009. http://www.theses.fr/2009EHES0052.
Full textA short outlook of the Byzantine law history demonstrates that said law history is dissociated from the historical reality from both jurists and historians. The aim of the present study is based on the historicity of the legal concept. The study of both texts of laws and practice and the comparison between these two categories of documents allow studying the functionality of the Byzantine legal system. In view of the fact that said functional element couldn't be conceived but in a context determined by time, territory, political power and population, the paradigm chosen is the 13th-15th centuries, the era of the last Byzantine dynasty, - the Palaiologan on the territory on which they could impose their authority. In this area, coexist various ethnic groups under different political regimes. Two civilizations are faced. The Byzantine civilization in decline, that of the Occident at the eve of the Renaissance. Mutual influences manifest themselves. The relation between positive law and custom or (and) customary law can be approached. In the "Law books" of the Byzantine jurists, we may discern a new approach concerning the classification of the legal contents, a new proposal concerning the codification of a law based on the positive law, on court decisions and customs. In other words, a combination of the two legal systems, which evolved alter the definitive fall of the Byzantine Empire: the Continental legal system, based on positive law and the Anglo-Saxon legal system based on customary law (common law)
Stavropoulos, Evangelos. "Le dialogue institutionnel entre Imperium et Sacerdotium sous l’empereur manuel Ier Comnène (1143-1180) : droit civil, droit canonique, idéologie impériale." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLS193.
Full textManuel’s I Comnenus reign is characterized from the respect to the principle of pietas. This notion has a moral and juridical content which determines the capacity of Basileus to act according to the State’s interests, respecting – in the same time – the Divine law. The legislative corpus of Manuel I is a manifestation of a tendency to a modern interpretation on fundamental principles of classic Roman law. This objective target of this program was to reconstruct the sacerdotal image of Basileus which has been secularized during the political crises of XI century. The rapprochement between the State and the Church was a fruit of political realism: i. The Church was recognized as an ideological tank for the Emperor, ii. as a factor of political legitimacy and iii. as a factor for the construction of the social cohesion. The attachment of Manuel I to the Civil Law and the necessity of his application was synonymous to his conception according to which the juridical civilization was the manifestation of the Byzantine State’s superiority, which fundamentally describe the divine order and the God’s will. This means that the submission of Basileia to the Civil Law was describing her submission to the God’s commandments. The incorporation and the submission of the Canon Law to the Civil Law describes the necessity for the overpassing the political dualism between Imperium and Sacerdotium in the horizon of a juridical order with supremacist characteristics. The integration of the Church in the Comneno’s political program was valuing decisively her spiritual responsibilities vis – a – vis an Emperor who understood his governance as a spiritual act. In the same way, the distinction between canons and laws and the systematization of the Canon Law studies saws the practical necessity of the existence of a unique code of Civil Law, which could express the modern needs of the State and in the same time could contribute to the spiritual needs of society
Hiebel, Dominique. "Rôles institutionnel et politique de la contio sous la république romaine." Paris 2, 2004. http://www.theses.fr/2004PA020096.
Full textThe contio represented the unique non resolvent assembly where it was allowed to speak to the populus Romanus. Words adressed pro contione were many-faceted: they meaned deliver the sollemnia verba endowed with a creating force, communicate, spread propaganda; since, they occupied an essential dimension on the roman institutional scene. Like an anamorphosis, the contio must be observed from various angles. The immediate information of the people, the debates pro contione, or, as well, moments of unitary communion between people and nobilitas can provide as such the feeling of a concute existence to Cicero's affirmation presenting the res Publica as the res Populi. However, if we change the point of vue, a second picture, antithesis of the precedent, stands. The contio, then, appears as an instrument to the exclusive service of the oligarchic power. Real strut of the affirmation of the elite's strength, the fact to speak pro contione, placed under rigourous watch, was organised into a hierarchy: thus, it answered to a very aristocratic conception of the political system, that had for intention to hold tightly the citizens under Senat's grip, then, from the definitive caesura of the middle of the second century b. C. , to place the citizens in the fides of populares and optimates oligarchs
Murray, Nathan. "Auctoritas : les sources du droit public dans la pensée cicéronienne." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28282.
Full textCrouzet, Yann. "Les aspects politiques et juridiques de l'écrit en Bretagne romaine." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100088.
Full textSince Roman Britain became a province, it experienced a profound acculturation, amending the past political and economical activities. Among the imports, writing is a novelty, that became a tool of daily communication and a vector of power. Shared by various provinces of the Empire, it allows establishing an administrative, and commercial and cultural link with the Roman capital city, as much as widening a gap between those who know how to master it and the others. As the instrument of everyday life in the Roman forts, writing is an essential binder for the legions in place to manage the territory. The civilian world is not outdone. Beyond the symbolism, all funeral, economic, religious or food related activities seem to have been affected. Every Breton is immersed, to various degrees, in this new culture of written communication, that of a long lasting expression of the individual or common willpower. This act plays a pioneering role in the law relationships within Roman Britain
Gohary, Laurent. "INTERREGNUM LE PARTAGE DU CORPS SOUVERAIN ET LA NAISSANCE DE LA LIBERA RES PUBLICA." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/27851/27851.pdf.
Full textThe institutions of the Roman Republic (509-27 B.C.) were made to ensure, in theory, that electives and annuals magistracies must never be vacant. This fundamental juridical rule had as consequence an absolute continuity in the detention of the executive power which was based on ius, auspicia and imperium. However, it occurred several times that the supreme magistracies – consulate, military tribunate with consular power – were suspended because either of hindrance to the holding of consular elections or religious misgiving leading to ritual expiation and renouatio auspiciorum. The legitimacy and the legality of the solution to the vacancy of the executive power then relied on the patres auctores, holders of the auspicia patrum, exclusive privilege of the patrician senators. The venerable fathers, heirs of Rome’s most illustrious families, were the only ones to be able to put an end to the vacancy of the magistracies by using the ritual called interregnum which appeared, according to the roman tradition, during the royal latine-sabine period and were connected to the famous myth of the dismemberment and the apotheosis of Romulus. The partition of the king’s embodiment constitute, as such, a fundamental symbol of the representation of auctoritas patrum and of the republican magistracy of which it should be vain to search any historicity. The purpose of this study is thus to analyse the very old institution of the interregnum which, as many, was characterised by the progressive transformation from the sacred to the juridical. In every institutional system, the public law makes provision for exception recourses revealing the psychological representation of the sovereign power. Rome is not an exception to the rule; the city could even, in a certain manner, have invented it.
Jeannin, Alexandre. "Formules et formulaires : Marculf et les praticiens du droit au premier Moyen Âge (Ve-Xe siècles)." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_jeannin_a.pdf.
Full textFormulas and forms, a very special category of legal documents of the first Middle Ages, can answer some of our expectations about the understanding of the law or of its regional particularities (Roman provincial law, Gemanic laws or specific groups) ; but we need to keep in mind that the compilations conserved depend on the choices of an ecclesiastical staff favorable to unity and not inclined to preserve customary diversity or to bear witness to its existence. Mis reality must be more clearly scnitinized in order to tiy to distinguish the different types of forms that have reached us. The analysis of each of these compilations according to the manuscripts and their content - for example the laws or other forms - proves to be indispensable, so that we may put in perspective the intention of the compiler or of the successive copyists. Such a preliminary work evidences a great consistency in the apparition and the overlappings of the formulas, in which Marculf evidently holds a major place. These compilations go far beyond the simple settiug of a local practice in which they are traditionally confined. If the forms should be apprehended as a source which spreads in al1 the Carolingian empire thanks to a policy of creation and diffusion of legal manuscripts, each of these compilations hoivever remains the product of a local notarial practice : this paradox allows us to wonder about the place of these foms in the debate on the personality or the territoriality of laws. An analysis of the content of these models and of their users is necessary to determine possible local particularisms connected with the sunival of former institutions or new Germanic practices, or more simply sui generis. The forms finally permit to wonder about the emergence of a territorial common law before the 12th century
Ronin, Marguerite. "La gestion commune de l'eau dans le droit romain : l'exemple de l'Afrique romaine et de l'Hispanie (1er siècle avant - Ve siècle après J.-C.)." Doctoral thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/26084.
Full textThis study is about the water management in rural and urban communities of the roman provinces of Africa and Spain. Those regions can be described as dry to semi-arid in summer, when very irregular and unpredictable rain is typical in winter. During the period between first century BC and fifth century AD, those provinces remain under institutional, administrative and judicial authority of Rome. A particular attention will be focused on the local institutions, in cities as well as in the countryside, through Roman law. It will allow describing how those institutions manage to take the water administration in charge, and how they handle it in their relationship with provincial and central roman authorities. Roman law sheds a specific light on local institutions from the city and from rural communities. It allows describing how is water managed at this level and through the relationships between centre and periphery. This study deals with the various rules settling how is responsibility shared amongst those communities’ institutions, their main purpose being protecting from flood or water shortage. In a second time will be analyzed on what is based such a collective management, which can be defined as a consensus. This notion is relevant as it allows our understanding of collaboration, and of overcoming conflicts and crises. All those questions have to be understood as part of a more general understanding about institutional relationships between roman provinces and imperial government, and about local self-government. Key words: Roman law – water management – provincial institutions – centre and periphery – irrigation – Roman Spain – Roman Africa
Bur, Clément. "La citoyenneté dégradée : recherches sur l'infamie à Rome de 312 avant J.-C. à 96 après J.-C." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010718/document.
Full textThis work intends to propose a global and diachronic approach to infamy, from 312 BC to 96 AD, in order to decompartmentalize its study, and put it back in its sociocultural context. Infamy refers to the degradation which results from the fulfilment of some latent contempt by a representative of the city. To understand the functions and the forms of this formalization, we started from a prosopographic catalogue from which the three parts of our research are taken. During the degradation ceremonies, infamy was actualized case by case by a civic authority which gauges the citizen's value. These dishonour shows favoured the spread of the values of aristocracy and, by reminding its excellence, made it legitimate. From the 2nd century BC, infamy experienced a phenomenon of juridicisation : it stemmed now from the application of a legal rule affecting some groups of citizen. Finally, infamy affected all the citizens, was not contagious, and made its target a social outcast. It was rare to get through this. The stigmatisation reinforced the cohesion of the rest of the group and contributed to redefine his normative system. Infamy was not a unified legal concept, but it had a ideational unity. It affected the citizen who did not conform to the society functioning and who aroused distrust because he had broken his personal integrity. It replaced him in the civic hierarchy by institutionalizing a kind of anti-auctoritas. Rome was an order society, infamy always fell within a perspective of ordering citizens so as to organise their relationships between them and with the State
Fournier, Julien. "Entre tutelle romaine et autonomie civique : recherches sur l’administration judiciaire dans les provinces hellénisées de l’Empire romain (146 av. J.-C. – 212 apr. J.-C.)." Paris 4, 2007. http://www.theses.fr/2007PA040165.
Full textAt the centre of the investigation is the nature of Roman rule upon cities which possessed a long tradition of self-government and administration. Part I is a survey of judiciary structures in the provinces of Asia and Achaia. Part II deals with the division of judicial task between roman authorities and civic governments. Part III is concerned with the provincial litigants’ attitude towards a pyramidal system and the grounds of voluntary applications to Roman courts. Roman rule appears as a pragmatic one, which claims as a part of its sovereignty criminal jurisdiction and all cases related to Roman citizens, but otherwise concedes a large autonomy to local courts. Cities’ judiciary organization is largely inherited from the hellenistic period, although oligarchical institutions tend to supplant popular justice
Prévost, Xavier. "Jacques Cujas : (1522-1590) : le droit à l'épreuve de l'humanisme." Paris 1, 2012. http://www.theses.fr/2012PA010281.
Full textGhidaoui, Dhiab Chérif. "Défaut de conformité et vice caché dans la vente." Lille 2, 2001. http://www.theses.fr/2001LIL20018.
Full textThe sale which normally is supposed to give to each parties the equivalent of what it supplies, the salesman should deliver and guarantee the thing which he sells. However, the traditional distinction operated between vice and correspondence did not miss, in the absence of a precise criterion of distinction, to throw the subject in an indescribable disorder. Nevertheless, history teaches us that the notion of guarantee was always perceived and included, in Rome, as an unitarian notion in civil law as in honory right. And if the duality could have been explained by the coexistence, those days, by two different legal systems, and later by the absence of a general vision and any att031958249empt of systematization and synthesis on benhalf of Justinien as writers, it can no longer be justified. .
Denis-Delacour, Christopher. "Entre normes et pratiques.Les étrangers des trafics maritimes romains (1742-1797)." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM3029.
Full textIf the creation of the Consolato del mare court of Civitavecchia in 1742 was the late expression of an ancient and global movement for the restoration of a State-controlled justice, it also epitomizes the pontifical contradiction in the application of mercantilism. This institution was however facing the free ports ambiguity: at the same time opened to international trade and supposed to screen foreign activity. Above all, the mercantilist political context pushed the economic actors to a daily reinterpretation of local rules. Indeed, institutional agents were usually connected with the protagonists of trade. Therefore, economic actors and institutions were able to enforce justice with a high degree of flexibility. As such, in a context of creation and assertion of a State identity, the initial insertion of foreign captains by the means of normative apparatus regulating papal maritime trade gave concrete expression to the slow accumulation of informal skills and the development of a network of strategically positioned go-betweens. Such skills revealed to be a professional and economic stepping stone, combining diversified activities and institutional interpretation strategies. Using their condition of stranieri, with the ability to act as sudditi pontifici, these captains and seamen became economically profitable and crucial merchant actors
Perbet-Charbonnier, Corinne. "Historiens et romanciers romantiques, une vision commune de la société médiévale : la formation de la nation." Aix-Marseille 3, 1986. http://www.theses.fr/1986AIX32030.
Full textRomantics historians and novelists have a same vision of medieval society. For them, it is the cradle of our modern societies, the cradle of the beginning xixe century society. When they study middle-ages, when they relive it, they are looking for their roots' novel. To be more specific, historians (and writers are following them by transposing their ideas in fiction) are looking for the roots of the nation, especially the roots of the french nation as it comes on politic stage in 1789. So, they would like to write a popular and revolutionnary history of middle-ages, in which they are looking for the premises of the nation such as it is understood in 1789, binded by the wish of living together, unitary and sovereign. Middleages, this time of people's infancy, is the age of making up nation's elements. All begins with a fantastic chaos, a conquest which overthrows established order before instituting another one, in which the winners will have all rights (political, economic) while the defeated party will be dispossessed for a long time. Feudal system ratifies this situation, more and more contested by people composed of looser' sons who shake gradually the lordly power by rebellions and revolutionnary reactions. People become liberated little by little, by the way of municipal revolution in particular
Hong, Ki-Won. "La pensée politique de François Hotman articulée sur une perspective nationale." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32002.
Full textIn studying François Hotman’s political thought, this dissertation focuses on the new intellectual and political movement which was shaping the sixteenth-century France : national sovereignty in the law and in the politics. The need for a national code led the jurist to reject the Justinian Corpus iuris civilis, though he never meant to discard the study of ratio and aequitas, the core of the classical Roman law. National political sovereignty doesn’t permit any interference from the See of Rome. The French royal court occupied by the Lorrains and the Italo-Gaulish worried Hotman over the constitutional tradition of French monarchy, as the controversy with Jean-Papire Masson reveals Hotman’s concerns very clearly
Davier, Fabien. "Les écrits catholiques de Tertullien : formes et normes." Phd thesis, Université de Franche-Comté, 2009. http://tel.archives-ouvertes.fr/tel-00482060.
Full textMartin, Nicolas. "De la Chambre de commerce de La Rochelle aux bureaux de Versailles, les relations commerciales entre droit romain et Europe du Nord au XVIIIe siècle : la voile rochelaise dans l'ombre de la Hanse." Thesis, La Rochelle, 2013. http://www.theses.fr/2013LAROD035.
Full textCreated in 1719 to launch a new representation of the "trade” sphere within the general population, the La Rochelle Chamber of Commerce, the central point of a complex institutional organization, participates actively in the political and economic life of the kingdom. In spite of the organic rivalry which weakens it, this ninth Chamber succeeds finally in becoming the privileged representative of the trader and its most fervent supporter. As the middleman between the wheels of power and the trading companies, it becomes not only the mainstay of popular trade, but also its recorder, by collecting numerous items of correspondence and papers relating to trade. In a policy of both participation and dispute, its defense of local interests within the vast national interest is especially to be found in business relations with Northern Europe. Admittedly, the main trade concerns are elsewhere, as this maritime circuit could never compete in importance with colonial traffic and the slave trade. For all that, the Rochelais traders do not intend to give up - which is shown in the route to the North: colonial commodities and French products, strongly desired by the North, but transported almost exclusively under a foreign flag. Famous for being "big debaters and memory makers", the Rochelais do not fail to analyze the root causes of the direct business crisis between Northern Europe and the kingdom. They denounce not only the almost hegemonic control that both the English and the Dutch have over these trade routes, but also the measures adopted by the Versailles offices which they consider too timid. This reality, explained until then, by economic, political and cultural considerations, looks completely different if we consider the legal rule. Analyzed on several levels and in several dimensions, the latter reveals an obvious disparity of treatment between French and foreign traders. Diplomatic agreements, international treaties, customs legislation, institutional framework, all the components of legal rule, play an important role in the functioning of this maritime circuit. However, the correlation between legal rule and trade with the North could not be explained merely by the observance of trade exchanges with the port of La Rochelle. The northern institutional and customs models must also be examined. And yet these models confirm that the specificity of legal rule in some Northern States constitutes a determining element of this maritime chart. Furthermore, the careful analysis of one of the oldest monuments of medieval maritime law, at the origin of the Hanseatic league, leads to a singular discovery: this text, known by the name of "Lois de Visby" shows clearly, in the cradle of Northern Europe, a very clear Roman influence