Dissertations / Theses on the topic 'Domaine public Biens (droit)'
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Orlandini, Jean Philippe. "La dénaturation des critères du domaine public." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10038.
Full textPublic domain is a central notion of public ownership. Because of the protective function that stems from its system, it has always focused the attention of both doctrine and the legislator. Along with “private domain”, public domain is one of the two subsets of state property. This duality was confirmed in 2006 by the general code on public property. Far from ending the debate, the coming into effect of the code highlights the fragility of the criteria identifying the public domain. Comparing applicable norms to the state of doctrine shows that implementing the criteria of identification of property and commissioning is not easy. These difficulties are consubstantial to the notion. Nevertheless, the necessity of creating economic value that transcends the whole matter, further accentuates their denaturation. Far from challenging the criteria and categories that result from it, the study leads to a renewed reading of the property relations exerted over this domain. Seen from a value perspective, the public domain should be viewed as a sum of utilities. Abandoning an exclusive conception of property law thus makes it possible to restore coherence to identifying the notion
Chamard, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics /." Paris : Dalloz, 2004. http://catalogue.bnf.fr/ark:/12148/cb39146540p.
Full textChamard-Heim, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics." Lyon 3, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098903.
Full textMasson, Romain. "La valorisation des biens publics." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100094.
Full textThis research aims to identify and define the concept of valorization applied to public properties based on its double foundation, the right to property and the proper use of public funds. This concept is based on two components, exploitation and disposal, which highlight the multiple forms of valorization : economic, social, environmental. These valorisation events renew the analysis in order to better understand the stake of the reform of the law of the public properties, the way in which the valorization has influenced this right and the evolutions to come. Thus, the approximation of state regimes has made it possible to soften and modernize valorization tools and the legal principles governing the public domain. This rapprochement should lead to a unification of jurisdiction for the benefit of the administrative judge. In addition, under the impetus of the valorization, new obligations are imposed on the public owners : competition of the public occupations, inventory of the properties, valorization of the future
Pimiento-Echeverri, Julian-Andres. "Les biens d'usage public en droit colombien." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020025.
Full textRegulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce
Abdelfattah, Eddahbi. "Les biens publics en droit administratif marocain." Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D009.
Full textChrétien, Patrice. "La distinction des domaines comme forme symbolique : recherches relatives au droit des biens publics." Paris 1, 1990. http://www.theses.fr/1990PA010265.
Full textTarlet, Fanny. "Les biens publics mobiliers." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30068.
Full textMovable public property shall be understood as the set of personal property placed in a patrimonial legal relationship with public entities. These goods are characterized by their mobility (such as movable private property), that is to say an ability to circulate, physically and legally, a flexibility and fragility medium, favouring the dissociation of their utilities. But the central question remains whether public ownership is still a relevant instrument for understanding this mobility. It turns out that public ownership, when called upon, potentially exerts an effective force of attraction on all movable public property; thus it allows slowing down their circulation. However, once the good’s ownership has been claimed, public property law is not sufficient to monitor the integrity of movable public property. It doesn’t stem their natural crumbling and evaporation. It is even challenged by other legal relationships which, by dissociation of goods’ utilities, and by unbinding ownership and use, lead to question its relevance
Fourmond, Sylvain. "Occupations privatives du domaine public et droit des patrimoines : le droit des biens à l'aune de l'obligation réelle." Nantes, 2000. http://www.theses.fr/2000NANT4038.
Full textPlateaux, Wistan. "La cession des biens publics." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090017.
Full textEven though the disposal of publicly-owned assets is occurring more and more frequently, these activities remain doctrinally unclear. The discrepancy between the theory and practice of such disposals can be explained by their uncertain position between public law and private law. Consequently, when considering such disposals, attention is paid to their classification and the exercise of judgement which goes beyond the traditional distinction between public and private domains in favour of the application of a single principle of public ownership. This concept has as consequence the modernization of administrative property law in the context of public ownership with an emphasis on the criteria of institutional law. It also has the advantage of being put into practice immediately without intervention from the legislature. However, this model will only be sustainable if it can maintain a balance between the prerogative of the administration-owners and the continuity of public services. To maintain this legacy, the constitutional basis of the law of publicly-owned assets must be confirmed explicitly
Chouquet, Marine. "Le domaine privé des personnes publiques : contribution a l’étude du droit des biens publics." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40050.
Full textThe private domain of public entities, which is the ensemble of public possessions inopposition to the public domain, is facing a deep mutation. Criterias of definition of private domain are changing, which leads to the insertion of new elements in this legal field and to a redifining of its role in public properties classification. The private domain can not be perceived anymore as an heritage that the administration uses in a private capacity. It undeniably has a role for the general interest by granting incomes to its owners or by giving them supports to achieve their assignements. The growing number of hypothesis where assets of the private field are used to non-financial aims lead us to suggest a scale of public interests these usages can lead to. This scale is aimed to reconcile a profit-driven approach with public action other objectives. This is shown by the definition of the system of private domain, which gives much importance to the fonction of preserving the economic value of a public asset while opening up to a logic of protection of its public interests fonctions which are supported by its assets. The mutation of the definition of the private domain draws a new legal system by joining the search for an economic exploitation of public assets with its protection imperatives where the definition of the public domain fails. We can consider to extend this new legal system to the field of public domain to try to counter the crisis it isfacing
Taillefait, Antony. "L'évolution du droit et de la gestion des biens des collectivités locales." Paris 2, 1996. http://www.theses.fr/1996PA020002.
Full textFor the last few years, the legal status of council-owned properties has undergone a series of deep changes affecting its principles as well as its field of application. Thanks to decentralisation which has changed the distribution of competences, council-owned properties have become more numerous, but the relationships between public institutions have also gained in complexity. In an attempt to give value to personal estate and real estate, the legislator is led to alter the rules of "domanialité", making more and more exceptions to the basic principles founding the public domain. The justification of the distinction between the public and private domains of the local authorities now solely rests on the public use to which the properties are put, the general interest being the defining criteria. The process of diversification of properties, which is now speeding up, obeys this principle of unification. This new legal system applying to properties will no longer be an obstacle to the valorisation of the properties owned by local authorities and will ensure that these are protected, being essential to the exercise of freedom, according to the demands of local democracy nowadays. The origin of these changes in administrative law concerning local properties is to be found in the handling of property that local public management has proposed and sometimes implemented. On the one hand, the techniques and modalities used to administrate local properties are subject to criticisms and transformations which have brought a new life to property management. On the other hand, the troubles that local public service have met tend to introduce new criteria in the management of local property. Profit, productivity and competition are increasingly becoming essential elements in the valorisation of council-owned properties
Malwé, Claire. "La propriété publique incorporelle : au carrefour du droit administratif des biens et du droit public économique." Nantes, 2008. http://www.theses.fr/2008NANT4017.
Full textEven though nowadays the French State rediscovers the existence of intangible properties in its heritage, for a long time public property law has left aside these goods of a particular kind. The notion of "intangible public property" should help to enhance their presence within the public heritage. This concept has to be delimited in a restrictive way: It supposes that public goods can effectively be the object of a property right and that the public status of the owner of these rights has to be taken into account. Identifying the intangible public property also means that its constitution methods have to be studied. These methods belong both to common law principles and to the exorbitant law forged by the Council of State. The exorbitance of this notion lays in the particular protection that she provides to goods and rights concerned, as well as in the maintenance of the administrative judge's competence. Concerning its usefulness, the intangible public property is seen today mostly in terms of its own economic potentialities. However, administrative law has long been considered as a pole of resistance to any economic logics entering public actions. The bases of administrative law having gradually been affected by the requirements of profit, the legal framework that restrained the commercial exploitation of intangible public properties has extremely weakened. Last years' political choices reflect the public authorities' will to give up the idea of building a new framework, preferring to submit those properties to the market laws
Andorno, Alain. "Les techniques de gestion des biens, en droits privé et public comparés." Toulouse 1, 2012. http://www.theses.fr/2012TOU10006.
Full textApproaching the question of the management of the goods (properties), means studying the discipline in its dynamic aspect which oscillates between two opposite poles although perfectly complementary. On one hand, the management is rooted in the protection of the goods and, through them, of the interests, the vector of which they are. On the other hand, the goods having authority to circulate, the management aims their valuation, at the value being here the economic translation of the interest. However, the crossed treatment of the subject, which suggests comparing internal private law and public law, allows to reveal the narrow relations of interdependence which maintain these two branches of the right put in prospect through the management of the goods, considered in a balance between preservation and valuation. The study indeed shows that the private law of the goods is inspired by purposes of public law, while the public law of the goods seems to be inspired by private law's methods
Colard-Fabregoule, Catherine. "Essai d'une théorie générale sur les successions d'états en matière de biens publics." Paris 1, 1999. http://www.theses.fr/1999PA010265.
Full textMpessa, Aloys. "Essai sur la notion et le régime juridique des biens domaniaux au Cameroun." Paris 1, 1998. http://www.theses.fr/1998PA010292.
Full textThis thesis is mainly consecrated to a study of the public properties in Cameroun and it is entitled : + essay on the notion and the juridical regime of the estate property in Cameroun ;. Estate properties are real estate and personal estate(movables) which belong to well known personalities, state, territorial communities and public establishments. Brought in Cameroun in 1921 by the french mandated administration, the notion of state-owned properties recovers actually triple reality : the public estate property, the private estate property and the national estate property. That differentiation of state-owned categories has as consequence to submit those properties to the regime of public law (properties of public estate) and to the mixed regime of public law and private law (properties of private estate and national estate). The thought is based on two fondamentals questions of which any domanial classical study rise on : the problem of identification of those properties between these belonging to the particulars, and the one of their juridical protection and modalities of their juridical utilization. Preceded by a preliminary chapter on the historical conditions of training and the evolution of the notion of estate in Cameroun ; this essay is divided into two parts as follow: part one : the determination of the estate properties part two : the regime of protection and exploitation of estate properties
Delavaquerie, Géraldine. "Pour une théorie de la propriété renouvelée : étude commune des propriétés privée et publique." Caen, 2011. http://www.theses.fr/2011CAEN0096.
Full textThe study of public and private properties leads to two observations: first, each of these theories i. E. The way they are displayed and described can be criticized. Second, each of them has some traits in common. According to these elements, a joint study can be suggested in order to build a renewed and common theory of property. An objective study, disconnected from previous theories and based on all legislative texts governing properties, is suggested. The common theory of property shall then be inferred from these texts. The rejection of the theories of each property requires to determine the nature of this right before and in order to determine its content. Property being an individual right, it has been inferred from various suggested classifications that it is an exclusive and immediate relationship between a person and a thing and more specifically an exclusive and immediate relationship between an owner and his possessions. The laws governing this relationship reveal an internal organization allowing the assignment of one set of rules regarding the relationship of property. This assignment depends on the nature of the goods subject of property. It is from this legal regime of goods that the common theory of property has been developed. The use of its nature of subjective right invites to seek which prerogative this subjective right of property confers to the owner. This is the benefit of the legal regime of goods; this benefit being exclusive and immediate
Saugez, Hélène. "L'affectation des biens à l'utilité publique : Contribution à la théorie générale du domaine public." Phd thesis, Université d'Orléans, 2012. http://tel.archives-ouvertes.fr/tel-00762745.
Full textFalgas, Anthony. "Le dualisme juridictionnel en matière de propriétés publiques." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10049.
Full textSetting the criteria for the distribution of public property disputes among private and public law courts has been a progressive judicial construction, realized over the centuries. The systematization of the different jurisprudential ‘layers’ shows that, from a quite chaotic division of competences under the Old Regime, we evolved towards an organic criterion, to finally reach the criterion of the goal of administrative action in the mid-19th century. The actual model, which more or less corresponds to the classical distinction inherited from the 19th century, does not allow for a coherent division of competences. Domain duality is not an appropriate criterion for the distribution of public property disputes among private and public law jurisdictions. Positive law evolutions illustrate the need to overcome the current manifestations of jurisdictional dualism in this field. The distinction between public and private property opens the way for a comprehensive reconsideration of the matter. The powers of the private law judge on the private domain constitute a major obstacle in the potential unification of the jurisdictional treatment of public property disputes. Renovating this field of litigation requires questioning the assimilation of the private domain to private property and overcoming the outdated connection between the notion of property and the competence of the private law judge. I argue for an organic definition of public property, following which, the choice of competence and procedure would not anymore be based on the use of the property at stake but on the public nature of the legal personality of its owner. While this would imply abandoning current categories, it would put an end to a long standing jurisdictional disorder
Camus, Aurelien. "Le pouvoir de gestion du domaine public." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100148/document.
Full textThe power to manage state administered property is an atypical legal object. At the core of the dialectic between public authority and property, and facing new property, economic and competitive issues related to state owned public domains, its outline and its foundation must be redefined based on its genealogy. A power upon a thing, the managing public authority must also be defined from a subjectivist approach, within the framework of its interactions with citizens. Management power is a public owner power interacting with the users’ rights
Sarr, Samba Amineta. "La domanialité des biens de l'Administration publique à l'épreuve des régimes fonciers traditionnels : le cas du Mali." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND009/document.
Full textThe state ownership of assets of public administration to the test traditional land tenure raises the question of the legal situation of the area in Mali. This is to give the photograph the property of the government and their evolution in relation to customary land tenure. This study course with a historical overview of state assets and local authorities. We will discuss together the legal status of goods in the traditional sense of the term. The tropics adressed include the study of the property during the precolonial, colonial and postcolonial. Before colonization, the area as known today did not exist and the mode of holding property was collective. They spoke not domain but rather of collective awnership. Also, these are not laws that established the traditional tenure bur rather quasi-religious principles. The goods, which are now the domain of state and local government, belonged not to men but to the gods. They were owned by the community and were managed either by the land chief or dji tigui (owner of the water). Thes were the custodians of a part of God's sovereignty and at the same time delegates from higher powers. More than they possessed them, earth and water were the owners of the land chief and dji tigui. Their bonds were dictated by the ancestral beliefs certainly diminished bye time and biased interpretations. Thes goods were not in the lega trade, they were inalienable. Individualownership was true, but it was not widespresd. It did not concern either the land or waterways. This individual property within the meaning of the french Civil Code could only relate to certain personal property except those who were truly essential property of indigenous community. At the start of colonization, the colonial state decided, not without opposition, to implement the experimenced en South Australia by the English to know the Torrens Act. Indeed, the natives had their own legal system and did not want any disruption in their habits millennia. But, in view of developing agriculture and industry in the french possession, it was important to introduce into the legal arsenal of the colony the principle of state ownership of property. To do this, government should play itd full score. Consequently, it must be adequate means of its policy by establisheing, first, a public and private domain.This domain constitution necessarily spent by the spoliations of property belonging to indigenous communities. At the country attained independence, the problem remained large. The colonial tested continued to govern the field until the adoption of a code Land Law in 1986. Customary rignts recognized and magnified now thanks to the recovery of ancient traditions challenge the rule of written law. The latter recognizes that before his accession, economic and legal relationships between individuals and groups of individuals were well organized. This is why the colonizers did not intend to make a clean sweep of pre-colonial customs let alone the new authorithies. However, problems of formation and management persisted. Even today, many challenges remain in relation to the management domain whether public or private, whether owned by the state or local authorithies
Planckeel, Frédéric. "Indisponibilités et théorie du droit : contribution à la redéfinition du système juridique." Lille 2, 2004. http://www.theses.fr/2004LIL20009.
Full textThe nature of such established institutions as clauses of inalienability or public domain inalienability is still an enigma. This is due to the incompatibility of inalienabilities with the traditionnal foundations of property law. So it is out of the theory of law that a summa divisio can be observed whereas objective inalienability directly relate to the objective property, wich is assigned to its proprietor even towards third parties, subjective inalienability abolish only the power of the proprietor. These two models allow us not only to develop for the first time a general theory of inalienabilities, but also to show the essence of fundamental concepts of subjective property, objective property, legal capacity, personal right and real right. These concepts even prove to be in the heart of a logical and universal system : it transcends the legal system, while making up its technical substance, specified according to the own principles of every State. This setting of legal system to equation invites to reconsider all the technical concepts, and paves the way for a theoretical unification of the diverse national systems
Schmaltz, Benoît. "Les personnes publiques propriétaires." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30069/document.
Full textAs it is the case for private property, the public property was long time confused with the goods that are its objects. However, in public law as in private law, we should consider that property right is not a good. Being an individual right, the property stands for the power exerted by a subject over goods. Formally, it is the right to enjoy and dispose of goods according to law. Materially, it will vary depending on the applicable law which empowers the owner, subject of the property. Public entities, subjects of public action, are owners based on a competency immediately assigned to them by their duty to act in the public interest. This competency grants to public entities a right to public property only affected to the public interest. Focusing on the public persons as owners instead of considering only their property helps contributing to the theory of partial legal orders (“théorie des ordres juridiques partiels”) as a representation of the distinction between public and private law. This finally leads to suggest a legal definition of the public action as a set of activities implemented by the public persons in the exercise of their subjective rights of property
Caylet, Sylvain. "L’ouvrage externalisé : contribution à l’étude du droit des biens impliqués dans le commerce juridique des personnes publiques." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10042.
Full textThe notion of "ouvrage externalisé" doesn’t exist in French law. Propose in the present study to introduce a concept designated by this syntagm responds to a need. This last resides in a better knowledge of legal rules which apply to immovable and worked goods whose the juridical control is shared between a public entity and one or several entities so that these goods are assigned to an activity of that public entity. Indeed, although they are objects of interpersonal services which are common to many juridical instruments, these goods have never been the subjects of an overall analysis. Appropriate expression to name this category of goods, the neologism ouvrage externalisé can make possible to remedy it, by subsuming these last on an only concept. Thereby, a prospecting of the concept of ouvrage externalisé leads to describe and explain the rules which apply to the goods that were previously studied separately, depending in particular on the nature of the juridical instrument by which their juridical control is shared. So, the suitability of a mutual study conducted about these goods is confirmed. These ones are indeed submitted to common rationalities revealed by this analysis. Identify those rationalities allow to propose more organization of, either the legal regime of the goods included on the category of ouvrage externalisé, or the juridical notions whom are applicable. Nevertheless, such prospecting also points up common contradictions applicable to all goods which are qualified of ouvrages externalisés. These paradoxes prove to be a source of uncertainty as to the scope of the rules applicable to these goods. Trying to resolve them, the study of the ouvrage externalisé becomes prospective. But, if they are especially active with regard to the ouvrage externalisé, these same contradictions more generally innervate the whole of the law of public and private goods. Thus, seeking to overcome these aporias through the archetype that constitutes the ouvrage externalisé, a new approach to the law of goods on which public entities establish juridical relations can be proposed
Saugez, Helene. "L'affectation des biens à l'utilité publique : Contribution à la théorie générale du domaine public." Thesis, Orléans, 2012. http://www.theses.fr/2012ORLE0001/document.
Full textThe public law of the properties is in full transformation. The movements affect mainly the definition of the publicproperty and that of the public domain. In the heart of these notions is the affectation of the properties in the publicutility. Indeed, this last one is directly bound to the public domain. The first remedy in the crisis was the adoption ofthe legislative reform of 2006 ending in the general Code of the property of the public persons.The affectation is relatively emphasis within this Code. The reform remains, however, superficial. Indeed, a logicdifferent from that of the property should have prevailed to resolve the major stakes in this crisis. Whiledemonstrating the notion of affectation, autonomous with regard to that of the public property, has to remain afundamental element of recognition of the public domain, this last one that must be reduced to the main part. But, itespecially has to lead, once freed from the organic criterion, in a better valuation of the public properties.Today, properties allocated to the public utility belong to private persons. They are not certainly a part any more ofthe public domain but remain nevertheless subdued with care of a protective legal regime, comparable to the rules ofthe public domaniality.At the end, the protection of the affectation envisages except the public property, while reconciling the satisfactionof the general interest with the economic imperatives
Eude, Marie. "Du droit de l'arbre. Pour une protection fonctionnelle." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10037.
Full textThis thesis proposes to rethink the legal protection of trees in order to achieve the climate change objectives enshrined in various codes. Trees appear to be an essential tool in their realisation, yet the mere protection of their economic function does not make it possible to embark on this path. We therefore believe it is essential to rethink existing protection in order, on the one hand, to refocus it on the tree's ecological and social functions and, on the other hand, to unify the protection regime attached to each of these functions. This involves defining the tree and the forest, redefining property as inherited from the French Revolution, and the requalification of the tree. Also, the absolute nature of the right of ownership must be limited by the realisation of the tree's purpose as a natural good (ecological function) or a cultural good (social function). This work on the protection of the tree's ecological and social functions also leads us to consider the hypothesis of its personification, a hypothesis which we discard at the end of this study
Sarr, Samba. "La domanialité des biens de l'Administration publique à l'épreuve des régimes fonciers traditionnels : le cas du Mali." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00866401.
Full textRogers, Dominique. "La cession des patrimoines immobiliers des personnes publiques." Montpellier 1, 2008. http://www.theses.fr/2008MON1A010.
Full textAuda, Elodie. "La mise à disposition d’immeubles de l’Etat au profit des universités. Etude critique d’un système de gestion de biens publics décentralisé." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0015.
Full textThe putting at disposal is a legal system enabling French State to authorize some of his institutions to use his immovable properties for general interest. This system permits to share rights and obligations of the proprietor concerning his possessions. It can be applied indifferently to public or private estate of the State by using procedures of allocation, transfers of endowments or covenants for use and it represents a dispensatory way of administration of public propriety and domain. The putting at disposal is an accessory of functional decentralizing and tightly linked to the administration by the State. In estate matter it transcribes decentralizing logic and aims to balance between patrimonial dependence and autonomy of national public institutions face to their administrative supervision. This system reveals its originality in the decentralizing of the public service of university education and research. As well as functional decentralizing did rationalize the institutional relationship, very complex for centuries, between State and universities the putting at disposal tries to balance patrimonial links which have always been convoluted. It confers to universities a part of rights and obligations incumbent to proprietor concerning national estate but grants them some autonomy in administrating this property. But the universities are still dependant on the State who, regarding the low resources of these institutions, remains proprietor of the major part of estates dedicated to university public service. Our critical analysis of the system of putting at disposal, its mode of enforcement and its evolutions aims to deliver an innovating approach of the relationship between universities and State which is characterized by the link of dependence/autonomy. For institutional concern today everybody agrees that universities’ autonomy towards the State is necessary in order to individualize, modernize and energize the public service of university education and research. But there is uncertainty regarding the estate problem. The purpose of a critical study of putting at disposal so consists in evaluating the degree of balance between the notions of dependence and autonomy attempted or eventually feasible and its consequences on the patrimonial relationship between State and universities. Now, in this context, the efficiency of the system can be contested. Founded on a minimalist theory it gives free rein in practice to a vast number of interpretations, circumventions and even misappropriations which lead to a fluctuant estate administration and a misbalanced patrimonial relationship. Despite reforms its implementation does not fit with the recent logic evolutions of the administration of public estate. In fact the budgetary crisis implies questioning about public administration and ownership of public domain dating from the end of the 19th century. The putting at disposal reveals to be a complex legal implement. It is marked at once by the stakes of modern administration of public estate, by the specificity of the dispensatory law which reigns in this matter as well as by contemporary debates about university statutes, the way of organizing the public service and new means of public organization in the context of French administration
Petrou, Jessica. "L'évolution du droit d'auteur à l'heure du livre numérique : les conditions de développement d'un nouveau marché." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01E015/document.
Full textAfter the music and the audiovisual industries, it is the turn of the publishing world to start its digital revolution. The proper functioning of the cultural industries is based on a specific and old intellectual property law: the copyright. Economics usually identifies it as the guarantor of a subtle balance between the incentive for the creation of authors and good dissemination of their works. The emergence of digital technology modifies the economic environment in which copyright applies and therefore alters its traditional effects. This doctoral thesis in economics aims at seizing such new consequences on the book market in order to assess the relevance of copyright in its current form and its possible revision. The analysis of the two aspects of copyright shows that it does not produce the same effects in the market of digital books than in the traditional one: despite the decrease of economic constraints, the current legal framework remains rigid and challenges both the stability of author’s remuneration and the sound management of the dissemination opportunities on the digital book market. That is why we discuss some general principles applicable to an effective copyright and suggest some guidelines for the renewal of the copyright regulation allowing to seize opportunities offered by the digital technology both in terms of encouraging the creation and distribution of books
Voizard, Karl-Henri. "L'Etat culturel et le droit : approche juridique des interventions culturelles de l'Etat en France." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020038.
Full textThis thesis assumes that legal analysis should enlighten the global meaning of cultural actions of the State. Beyond the wide variety of objects concerned, rules composing law oncultural activities of public authorities show common features. Their review shows that principles they follow draw the outlines of a figure: the one of the cultural State. The demonstration is organized in two phases. It is first shown what legal mechanisms are concerned when conventional means of cultural interventions of the State are focused tostrengthen national cohesion: the State produces institutions in order to link people withculture and unite around it. In the same time, it protects the property and agents necessaryto assure these institutions in the long term. It is then shown that the State reforms and cultural law changes did not really bend the initial logic: the legal forms of action are certainly more nuanced, but they change the State culture more than they challenge it
Han, Jingjing. "Le droit foncier chinois : le droit d'usage du terrain d'Etat." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020005.
Full textThe issue of ownership has been a fundamental question throughout Chinese history. Different from what has been established by western legal systems, the private ownership has never been considered as a subjective natural right , not an absolute right. In addition, there exists a contradiction between the market economy and the socialism. The land use right was created under the circumstances aiming to encourage economic development without breaking with the socialist ideology. Therefore, the land use right and the public ownership interact with each other in a very original way. The land use right develops along with the economic demands. In order to extend the protection to private ownership, the Chinese Constitution is amended in 2004. Accordingly, the Property Law of 2007 explicitly recognizes the very nature of the land use right, and offers equal protection to both private ownership and public ownership. It is important to keep in mind that the recognition of such new element in Chinese Property Law raises many legal questions as well as political ones. What are the consequences of governmental land finance? Is there a need to address the issue of ineffectiveness in the protection of land use right against the State? How to respond to the dissatisfaction of the private person whose property is expropriated? All these questions lead us to the conclusion that the land use right is still far from a sac red right. It requests a further extensive reform. In our view, a comprehensive political reform is both necessary and unavoidable
Pélissier, Arnaud. "La gratuité du domaine public." Dijon, 1999. http://www.theses.fr/1999DIJOD007.
Full textThe evolution of the notion of "domaine public" and his opening to considérations of economic orientated management have lead to profound mutations of "domaine public" laws. The consequence is that gratuitousness is no longer a rule of "domaine public". However that may be, gratuitousness remains a rule affecting the public access to estates that are devoted to the public
Beckerich, Christophe Bonnafous Alain. "Biens publics et valorisation immobilière." [S.l.] : [s.n.], 2000. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2000/beckerich_c.
Full textChoisy, Stéphanie. "Le domaine public en droit d'auteur /." Paris : Litec, 2002. http://catalogue.bnf.fr/ark:/12148/cb389475347.
Full textChoisy, Stéphanie. "Le domaine public en droit d'auteur." Paris 2, 2001. http://www.theses.fr/2001PA020011.
Full textBeckerich, Christophe. "Biens publics et valorisation immobilière." Lyon 2, 2000. http://theses.univ-lyon2.fr/documents/lyon2/2000/beckerich_c.
Full textBilla, Bertrand. "Le spectre hertzien, dépendance du domaine public." Toulouse 1, 2006. http://www.theses.fr/2006TOU10005.
Full textArzul, Guy. "Le renouveau du droit du domaine public fluvial." Paris : Johanet, 2008. http://catalogue.bnf.fr/ark:/12148/cb41399729t.
Full textCouderc, Irène. "Le domaine public mobilier." Thesis, Poitiers, 2015. http://www.theses.fr/2015POIT3003.
Full textFrench public entities (the State, local entities) can be owners of real property or movables. When these movables have a cultural value, they can be a matter of what the French law calls ‟domaine public mobilier”. These properties are subjected to legal rules which grant them a particular protection: they are inalienable; they are subjected to special rules regarding their preservation, their safety and their security. And these properties are subjected to particular legal rules allowing people to discover them in public museums, in public exhibitions, etc. How does the law identify these properties? Is the inalienability of these properties as “authoritarian” as the law wants it? These questions are in the heart of the present work
Favreau, Amélie. "L'objet de la propriété intellectuelle dans le domaine de la santé : réflexion sur la valeur dans le droit des biens." Grenoble, 2010. http://www.theses.fr/2010GREND002.
Full textValue is a notion especially present in intellectual property law, and this is the prism we have chosen to analyse the object of intellectual property in the healthcare field. When labeled economic, this value present in the object of copyright drives it (the object) into the sphere of property common law, thus losing its specificity and opening it to all objects economically valid in the healthcare field. The solutions offered to re-establish the legitimacy of intellectual property in this field where it is essential are two-fold. On the one hand, it is essential to focus on the object of intellectual property and not its exercise as it is often done. The strict delimitation of the object is important. It should not meet all the pressing solicitations for protection of objects in the healthcare field but must preserve its in-appropriable portion. On the other hand, this argument must be reinforced with the search of the purpose of intellectual property in the healthcare field. This purpose can only be found when considering the social value of the objects affecting people’s health. Therefore the appropriation of any object in the healthcare field must contribute to the achievement of medical progress. Medical progress is defined as a process of an increase in time of medical advances stemming from science and technique, advances which contribute to an improved well-being and, according to the health definition here used, to an improved complete physical, mental and social well-being. Its presence (of medical progress?) will be verified (checked) in light of the principal rights which make up the copyright law. It will be noted that the appropriation in patents rights is generating medical advances, whereas in trademark and royalties rights receive these objects to ensure medical progress in its temporal dynamic
Khalfoune, Tahar. "Le domaine public en droit algérien : réalité et fiction /." Paris ; Budapest ; Torino : l'Harmattan, 2004. http://catalogue.bnf.fr/ark:/12148/cb399007003.
Full textBeignon, Fabrice. "La notion de domaine public maritime naturel : recherches sur le caractère exorbitant du droit domanial." Nantes, 1998. http://www.theses.fr/1998NANT4010.
Full textCritics about the notion of public estate hit the one of natural marine public estate, since this very notion is still expecting consecration. Based on secular rules, we can see in it a caricature of the administrative law, imagined like a group of privileges of the public power and fairly reprove it. Except that, rather than real privileges, the study of this component of public property shows prerogatives in keeping with the logic of the administrative law, that must no longer be regarded as derogatory to common law. As a matter of fact, if this law has its own logic, with peculiar rules, this peculiarity does not automatically mean privileges because the met situations are themselves singular. Therefore the legal condition of natural marine public estate is proved shaded. Indeed the founder principle of this estate, stating that everything submerged by the flood is incorporated to it, is a heavy subjection for waterside estates. With threatened goods, the residents do not really have guarantees or claim. But the methods to register the flood reduce significantly the reach of this principle. The authorities own the whole competency to demarcate the estate. The boundary procedure is strict. Above all, this part of public estate is there first for people. The relative precariousness of the domanial possessions is the direct consequence of it. The state, as the authority of its protection, is bound to respect rules beyond the administrative convenience, in order to pay attention to guarantee the estate's integrity and availability. Directed by jurisprudence, the notion of natural marine public estate shows that law tries to adapt itself. Nevertheless evolutions are to be hoped so that the legal answer can be equal to the underlying values and let us see in this notion another thing than an obsolete and even useless institution
Trescher, Bruno. "Les activités économiques des entreprises sur le domaine public." Strasbourg 3, 1999. http://www.theses.fr/1999STR30004.
Full textEven if public property is mainly used either directly by the citizens or as a "public service", it remains a real estate of a primary importance and a collective ressource which ought to be exploited as best as possible by its owners. Following this need of economic development, it is of a vital importance to favour the establishment of private undertakings on public property, on which commercial and industrial activities have in fact always existed. However the regime of public property is nowadays not anymore adapted to neo-liberal conceptions as it protects too much the interests and the rights of public administration. The temporary occupants of public property are indeed confronted to numerous rules, amongst which the principles of inalienability, imprescriptibility and of precariousness, aiming at guaranteeing the reservation of public property to public utilities. Such principles constitute serious obstacles to a serene occupation of public property by private parties. The undertakings setlled on public property do not in fact dispose of a commercial lease and no busness can ever be recognized to them. Moreover they are confronted with serious difficulties ti finance their investments as no security can be efficient on public property, element which comforts the distrust of the banking system. Such an inadaptation has lead the government and the legislative power to modify the regime of public property. Consequently, they created new titles of occupation which amount to real administrative property rights. These reforms are nevertheless not totally sufficient to satisfy the need for legal certainly expressed by private undertakings operating on public property. The doctrine, the case-law and the public authorities are therefore incited to go further and to rethink the legal framework of public property in this new context
Beti, Etoa Christophe. "Droit de l'urbanisme et domaine public : rencontre de deux ensembles normatifs distincts." Bordeaux 4, 2007. http://www.theses.fr/2007BOR40008.
Full textLe droit de l'urbanisme et celui du domaine public constituent des moyens d'intervention des personnes publiques en matière immobilière. Cette unité de champ d'action crée des rencontres entre ces deux ensembles normatifs. Des situations de contact sont diverses : création d'immeubles domaniaux dans un espace couvert par des règles d'urbanisme, opérations d'urbanisme sur des emprises du domaine public, réalisation des équipements publics, protection des espaces naturels et du patrimoine. L' inéluctable confrontation pose alors le problème de la combinaison des normes et des procédures. Il reste que le droit de l'urbanisme ne s'applique pas au domaine public exactement de la même manière que celle dont il s'applique aux biens régis par le droit privé. Par ailleurs, disposant de la réalisation et de l'affectation de certains biens à l'intérêt général, de la protection des espaces naturels, des sites et monuments historiques, le droit de l'urbanisme contribue à alimenter le domaine public de dépendances nouvelles. Dans ce contexte, des biens privés, affectés et protégés au nom de l'intérêt général, pourraient parfaitement être intégrés au domaine public
Vandeburie, Aurélien. "Propriété et domanialité publiques en Belgique: Essais de systématisation et d’optimalisation du droit domanial belge." Doctoral thesis, Université de Namur, Namur, 2013. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/282493.
Full textGaridou, Benoît. "Recherche sur la théorie de la propriété publique en droit administratif français." Toulouse 1, 2003. http://www.theses.fr/2003TOU10039.
Full textProposing today, after so many renowned authorities a research on Public Property in French administrative Law should not cause much surprise. A long time ruled by a strong finalist trend, public property has recently been the subject of theoretical and practical determining analyses. From now on, the prevailing idea according which public property is now a trust property has become a classic conception. Since the late nineties, property has been public because it is the property of public persons. Behind this outward evidence of such an innovation, there probably lies one of the most important progress in domanial contemporary thought. Therefore, studying the property of public persons must be from now on dealt with the almost care. As a matter of fact what matters today is no longer to doubt as the classics used to do when they wondered wether it appropriate to think about the originality of such property but to sharpen its meaning and its methods of study. As in many great innovation, this new theory must be clarified for fear of inviting in a more or less short run to some misguiding. If there can be found today some symmetry with the theory of private property such apparent parallelism must not have any inference on the heart of the subject. The risk for the future is to see public persons borrow the most antique juridical attire of the paterfamilias. If the question what is public property ? seems to be solved, the question of a public property what for ? which is quite as important will have from now on to hold our attention
Le, Corre Laurent. "Le traitement juridique des zones humides estuariennes." Nantes, 1999. http://www.theses.fr/1999NANT4017.
Full textMynard, Frantz. "Droit domanial et formation du droit public fluvial (1669-1835)." Rennes 1, 2011. http://www.theses.fr/2011REN1G027.
Full textAs well as being a means of regaining legal ground in the Middle Ages, rivers under royal supervision were instruments of modelisation within the state system as much for the territorial make up and the setting up of borders as for the modes of administrative penetration. Contrary to received wisdom, the establishment of French laws governing the rivers of the Crown stems from a geography of sovereignty. From the beginning of the concept of “bien domanial par nature”, the introduction of public laws codified as early as the “Ancien Régime”, reveals the importance and the history of "matters of water" in the origins of the theories regulating the state property within administrative laws. Also the river system model pioneered a tradition unknown to the specialised lawyers and public law professionals who took part in the creation of the first classification nomenclatures and the rising systemization of administrative laws under the Restauration. This research proposes for the first time, at the turning point of survival, economic and defence stakes, a history of public laws on river
Thierry, Marion. "L'occupation sans titre du domaine public." Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCF004/document.
Full textUntitled occupation of the State property generates patrimonial, financial and economic damages. This phenomenon therefore prevents the owner and manager of the State property from effectively benefitting from their domain and hinders any economic development of the State property by slowing or stopping further investment into the State property. Untitled occupation is also a phenomenon that goes beyond the interests of the owner and manager of the domain since it is likely to create a competitive disadvantage between regular and illegal occupants.While it is impossible to fight untitled occupation of state property in the long term due to its protean and recurrent nature, the only solution for the owner and manager of the domain is to effectively manage each situation of untitled occupancy on a case-by-case basis.This thesis aims to present a series of answers that can be adapted to the multiplicity and specificities of cases of untitled occupation with each having the same objective of ending untitled occupation of the State property. To implement the most effective responses, it is first necessary to know the legal status of the untitled occupier and to demonstrate that this phenomenon results from diverse circumstances that may be taken into account in the management of untitled occupation. Depending on the kind of untitled occupation, two types of responses can then be implemented: a contentious response which is the classic response to occupation without title, or a negotiated response being a more flexible approach requiring no intervention by the judge