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Academic literature on the topic 'Dommage moral – France'
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Journal articles on the topic "Dommage moral – France"
Fassin, Didier. "Châtiment." Anthropen, 2019. http://dx.doi.org/10.17184/eac.anthropen.103.
Full textDissertations / Theses on the topic "Dommage moral – France"
Pinkaew, Angkanawadee. "La réparation du préjudice moral en droit thaï, à la lumière de l'expérience française." Nantes, 2010. http://www.theses.fr/2010NANT4012.
Full textThe moral damage suffered by the victim is the fundamental damage but rather difficult to be compensated in Thailand. Preoccupied by the fear of the excessive claims, the danger of opening the floodgates, and the difficulty of evaluation, the legislators of the Civil and Commercial Code strive to limit the scope of such compensation. Consequently, the concept of non-compensation of moral damages is accepted in the tort law. The law provides only two exceptions that the indemnities for the moral damages can be awarded. However, during these last years, this restrictive compensation of moral damages does not really comply with the social development and the evolution of public opinion. Therefore, extending the scope of such compensation seems necessary not only for the mental sufferings caused by the death (including the serious injured) of beloved person (bereavement), but also by the invasion of privacy. In this research, the French law serves as the demonstration of which the experiences guide us to propose a more suitable compensation for the Thai law. In France, the moral damages are generously awarded. Nevertheless, after taking into account the difference of the legal system and the social factors, it suggests that the extension of the compensation for moral damages should be strictly limited
Berg, Olivier. "De l'atteinte aux intérêts incorporels en droit de la réparation des dommages : essai d'une théorie en droit français et allemand." Université Robert Schuman (Strasbourg) (1971-2008), 2003. http://www.theses.fr/2003STR30003.
Full textSince primitive laws, civil liability wants to assure protection against physical harm to goods and persons. While analysing French and German law, this thesis is seeking to clarify the second objective: the protection against non-physical harm. This concerns interests without physical manifestation, as pure economic loss, sentimental injury and loss of a chance. The protection - necessarily relative - of these interests depends on a balance of interests, opposing the right to liberty of the injurer to the " legitimate expectations " of the victim ; for example, he can expect the protection of legitimate trust, the protection against abnormal risks or unlawful and immoral behaviours. As a result of this, law determines on one hand the incorporeal harm that is to repair and, on the other hand, the wrong behaviour causing pure non-physical harm
Marion-Nau, Sophie. "La prévention du dommage en droit civil français." Toulouse 1, 2005. http://www.theses.fr/2005TOU10075.
Full textCompensation for damage, although unquestionable in our regulation system, no longer is ideological. It is being aware of the necessity to intervene ahead of prejudice that we witness today and that appears in the eyes of the general public under the denomination of the principle of precaution. Such an aim however isn't quite new. When confronted to the repetitive or collective damages the Lawmaker didn't wait for this principle to emerge before setting up and array of preventive regulations whose applications was essentially entrusted to specific associations and more restrictively to the judge. In the same way, Civil Law completes the existent regulations by setting up its own rules of prevention, allowing experience to express itself feely by letting appear a suppler and often efficient spontaneous prevention. This set of preventive regulations, although it exists, can however show fautly that should be corrected. To reinforce the efficiency of prevention implies more daring and trusting judges. However, it is paradoxal if such our objective demands a reinforcement of dissuasive prevention, which is implemented when damages is being repaired since anticipation and prevention are closely limited by time and the respect of opposite interest. By optimising the curative function of civil responsability, prevention can become worthy of interest, which implies new judiciary techniques which were up to now, hidden or unknown in our law system, such as the use of punitive damages or the acceptance of collective actions
Guennad, Smain. "Le préjudice moral des personnes morales." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020035.
Full textAs they face a growing number of commercial torts, and their inalility to manage them, companies are no longer able to obtain effective compensation for property and pecuniary losses. On the basis, some authors suggest the introduction of punitive damages, while others advocate restitutory damages.This study aims to desmonstrate that companies can suffer damage to their extra-patrimonial interests, and that in this case they should be compensated at least on the basis of moral damages. In this context, this thesis will focus on the concepts of brand, know-how, corporate culture, identity, and reputation. Furthermore, the distinction between the terms “damage” and“harm” is critical, as it clarifies the legal status of non-pecuniary damages suffered by acompany while the consequences of patrimonial and extra-patrimonial damages are considered separately. Hence, new rules regarding the moral damages should be considered. The role of judges and experts will be highlighted, as well as the criteria therefore used by the judge. An option isalso to consider some additional criteria. It is also worth mentionning the results of redress onthe various protagonists
Albarian, Alexis. "De la perte de confiance légitime en droit contractuel : essai d'une théorie." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32058.
Full textThe examination of the substantive law reveals the existence of numerous appearances of the phenomenon of loss of reliance. Firstly, at the level of the process of formation of the contractual link, the notion of loss of legitimate reliance allows a negotiator to end negotiations even very advanced, without engaging his or her civil liability, because of the emergence of a loss of reliance either in the draft contract in discussion, or in the person of his or her partner of negotiation. Secondly, at the level of the contract performance, a contracting party can break one-sidedly the contract binding him to his cocontracting party if the behavior of this last one is of a gravity such as he engenders a loss of reliance. Thirdly, at the level of the extinction of the contractual relation, if the break of negotiations or real contracts turns out culprit, the victim of this inequitable break can ask in justice for the compensation of the damage of loss of reliance. In contract law, the loss of reliance is, thus, called to occupy two different functions: a "destructive" function of the precontractual or, contractual link, a repair function of the consequences of the extinction of such relations. Therefore, the loss of reliance allowing to put an end to a precontractual or contractual relation can be called when it turns out that the partner does not possess the indispensable moral or professional qualities, or when this one betrayed the reliance of his or her partner by not concretizing the qualities waited in the preparation or the execution of its contract: The agreement, the collaboration, the cooperation, the righteousness, the absence of indirect competition, the regular performance of his or her contractual duties, etc. Besides, the loss of reliance can designate a moral damage characherized by the infringement of the commercial reputation or the credibility of the victim of the breaking off of the precontractual or contractual relations
Carval, Suzanne. "De la fonction de peine privée de la responsabilité civile." Paris 1, 1993. http://www.theses.fr/1993PA010276.
Full textThe only recognized function of the French law of tort is compensation of damages. Nevertheless, it seems that this branch of private law also fulfills a punitive function. The aim of this work is to show its importance and usefulness but also to advocate in favour of its officializing
Ougier, Stéphanie. "L'alimentaire et l'indemnitaire dans les règlements pécuniaires entre époux consécutifs au divorce - étude comparée de droit français et de droit canadien." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020031/document.
Full textHistorically post-divorce laws between spouses was based in France, Canada and Quebec on penalizing the responsible party of the separation. Although from different law traditions, Canadian and French law recognized an important place to the fault in their divorce laws. However, the tendency of the French and Canadian societies to be more individual and to pacify conflicts, divorce law had to change to become more objectivized. The movement of removing the fault in divorce permitted the creation of new institutions based on compensation, equity and solidarity which is symbolized by spousal support and alimony. The studied laws are characterized by diverse institutions, are founded on different grounds. These institutions inspired by different law traditions are thus very similar such as the Canadian on compensatory spousal support and the French compensatory obligation that we call "alimony compensatory obligation". This diversity impose us to think about the possibility of a renewal and rationalization of the existent institutions in order to be simplified and comprehensible for the future divorce spouses. A greater freedom of contract should also ensure the appropriation of the divorce's consequences by the divorced spouse with help of lawyers, mediators and judges. Once the divorce humanized, the question of the pacification of the dissolution/ ruptures of other types of union such as common law marriage or civil partnership. The increasing number of those new couples, it is becoming a necessity to take in consideration the consequences of their dissolution and draw a new common law for their dissolution
Najem, Melhem. "La copropriété dans les immeubles bâtis : partage des bienfaits et des dommages - Etude comparative." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020070.
Full textThe co-ownership of buildings has a particular importance, given the fact that it is influenced by many factors. The socio-cultural factor of the composition of the Lebanese society and that of the problem of the displaced persons (DP) during the Lebanese war, occupy a considerable part in the study of co-ownership. We note several problems that arise from the confusion between law and reality. The economic and real-estate expansion, since the end of the war, caused a large part of the Lebanese population to concentrate in large cities and their suburbs either for education or work. This concentration provoked an activity increase in the construction field. Diverse problems are encountered in this field, due to the absence of appropriate regulations on one hand, or due to divergences in the jurisprudence on the other hand. By taking into consideration all these factors, we attempt to find solutions to major problems, by referring, when the case arises, to the French laws and jurisprudence
Graf, Olivier. "La personne morale : un non-professionnel ?" Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1006/document.
Full textLegal persons are commonly regarded as incomplete "legal beings" in comparison with natural persons and as dedicated only to carry on their activity. Yet the French Court of Cassation said they could be protected by the non-professional qualification in French consumer law. However, the finalist understanding of the application criterion for this qualification makes it ineffective against these persons.The transition from a monolithic conception of legal persons to an exploded view, coupled with a new understanding of the application criterion allows the emergence of a non-professional legal person, clarifying consumer law and personality rights of artificial persons. Legal persons can thus be considered as legal entities different from individuals but complete however