Dissertations / Theses on the topic 'Contrats (droit romain)'
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Giannozzi, 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
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 textVallar, 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)
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
Waquet, François. "Le transfert légal de l’Empire : la lex regia entre pratique politique et modèle théorique." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0087.
Full textThe Roman political revolution of which the Twelfth Tables were the legal expression consisted in limiting the power (imperium) of magistrates through the lex, of which the people were the sole author. But the invention of Roman legalism was later and more lasting : the lex also became the source of all power in the city, making imperium a legal concept. Such legalism made it possible to confer extra-legal powers, so that the leges regiae de imperio, the repeated practice of which is attested in addition to the case of Vespasian, extended the republican form of government under the Empire. Roman jurisprudence reduced this political practice to a unitary model, the lex regia. When the Empire became Christian came into competition with Roman legalism. Nevertheless, the latter survived and continued to be used in the late Empire as a theoretical model; Justinian did not fail to take it up in his compilations, along with the Christian assertions of an imperium a Deo, but to deduce from it the unitary, indivisible, legislative and imperial character of all law. This dual heritage is reflected in the interpretations of medieval doctors, who nevertheless insisted on the legal conception of empire and, consequently, on its limits. Legal humanists, through epigraphy and history, shattered the unitary model of the lex regia by rediscovering the political practice of leges regiae de imperio, one for each prince. This contribution led to an novation of the lex regia, which went from being a royal law to becoming a law of the realm, both the source and the limit of the empire of kings claiming Roman heritage
Crouzet, 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
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
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
Ghidaoui, 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. .
Grimard, Marie-Lorraine. "Pactes et contrats innomés en droit romano-canonique (XIIe-XVe siècle)." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111013.
Full textUnderstanding of private modern law would imply a large knowledge of the medieval law it is flowing from, particularly considering law of obligations. From centuries 12th to 15th, innomate contracts and pacts had risen as well as legal arrangements such as vestimenta theory. Therefore lawyers had made considerable efforts of both definition and classification. In the meantime canonists rule Ex nudo pacto actio oritur has been developed contrary to roman’s one Ex nudo pacto nulla actio oritur. Granting of action allowing punishment of any promise, even not expressly recognized by roman law, means a better taking into account of consensus.Otherwise, historians often consider innomate contracts and pacts separately. Thus, these two concepts had been artificially splitted while they should be gathered as innomate contracts are no more than pacts with a legal definition. Both ideas have to be studied together
Monzer, Rabih. "La négociation des contrats internationaux : un essai d'harmonisation des régimes juridiques romano-germaniques et anglo-saxons." Montpellier 1, 2006. http://www.theses.fr/2006MON10045.
Full textSferle, Adriana. "Etude comparative des terminologies juridiques française et roumaine. Elaboration d'un dictionnaire bilingue du droit des contrats de commerce international." Thesis, Paris 3, 2009. http://www.theses.fr/2009PA030045.
Full textOur dissertation is a comparative study investigating the main aspects of legal terminology in French and Romanian. In this context, the analysis aims at elaborating a bilingual, French - Romanian, Romanian - French, terminological dictionary of international commercial contracts. With this study we intend to improve the knowledge of legal terminology in Romanian. Romania has been faced lately, particularly since January 1st 2007, when it joined the European Union, with a real need for terminological studies, for dictionaries and data bases in all fields relating to translation and interpreting. The dissertation is structured in three parts marking a progression: •the theoretical framework - illustrating the need to define and delimit our field of study •the methodological framework - justifying the need for an ontology, for a classification of concepts that would enable the clarification of the nature and usage of the terms and their definition in our dictionary •the sphere of applications - illustrating our work by the elaboration of a bilingual, French - Romanian, Romanian - French, terminological dictionary of international commercial contracts, able to meet the needs of specialists working in the field of international trade, law professionals and translators working in these areas
Descaudin, Christophe. "Etude comparative du rôle du juge dans l'interprétation des contrats." Cergy-Pontoise, 2009. http://www.theses.fr/2009CERG0489.
Full textThe subject, first of all, brings us to study the main and natural role of the judge in the determination of the obligations while confronting two approaches, a priori distinct, of systems of civil law extolling a subjective interpretation of will, and common law where the literal objective interpretation is the Rule. However, the increasing influence of the objective elements in civil law and the mutation that contracts construction knows in common law, invite us to reconsider this role and to privilege a global interpretation of the contracts that puts in evidence the constructive role of the judge and reveal points of convergence. This concrete attitude has the tendency to reconsider the place of Good Faith and Fairness, so subjective criteria, in the construction of the incomplete contracts. In a second time, the comparative survey puts on the day an emerging role of the judge in the determination of the contracts themselves. Indeed, by recourse to new interpretative instruments having the tendency to preserve minimum binding and balance, and encouraging the contractual efficacy, the judge defines each contract. His role is then constituent
Stancu, Radu. "L'évolution de la responsabilité civile dans la phase précontractuelle : comparaison entre le droit civil français et le droit civil roumain à la lumière du droit européen." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA025/document.
Full textThe thesis finds its main purpose in the study of the recent evolution of French and Romanian civil law of liability during the pre-contractual period. We favored a comparative approach between national rights, in the light of European laws. During the pre-contractual period, the parties are free to negotiate as they please, as long as they do not cause damage to their partner. A bond is created between the parties and it can only be broken in accordance with the principle of good faith. We noted that the basis of liability is fairly controversial and varies from one legal system to another. Indeed, the civil liability is balances between legal security, private autonomy and freedom of contract. In summary, the pre-contractual phase has experienced profound transformations in its evolution. At the time of European harmonization, or even globalization, French and Romanian law undergo modifications in order to clarify the most complicated rules, in particular those relating to pre- contractual civil liability
Naumowicz, Pascal. "Fidei bonae nomen et societas vitae : contribution à l’étude des actions de bonne foi." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020007/document.
Full textActions of good faith (iudicia bonae fidei) have for long been suspected of being initially praetorian actions, which were probably for most of them created by the peregrine praetorship to enforce contracts passed by the strangers (peregrine), so that their material source is good faith (fides bona),expressed in their formula by the clause “ex fide bona”. Our research is an attempt to prove that :a) these actions were already considered as civilian actions in the later Republic, despite the lack of a statutory ground b)their initial scope was to protect typically Roman relationships; c)Thus, the clausulaex fide bona was a simple standard that enlarged the power of the judge and overlapped some of the strict rules of Roman civil procedure, as well as it took place in an euphemistic and diplomatic way of writing formulas, in order to respect the social affinity (societas vitae) between the parties
Davier, Fabien. "Les écrits catholiques de Tertullien : formes et normes." Phd thesis, Université de Franche-Comté, 2009. http://tel.archives-ouvertes.fr/tel-00482060.
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