Dissertations / Theses on the topic 'Dommages et intérêts punitifs'
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Bondon, Marie-Sophie. "Le principe de réparation intégrale du préjudice : contribution à une réflexion sur l'articulation des différentes fonctions de la responsabilité civile." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD038.
Full text"The peculiarity of civil liability is to restore, as exactly as possible, the balance destroyed by the damage and to put the victim back in the position she was in if the wrongful act had not taken place." Ite misa est : the entire civil liability is defined through the principle of full compensation.Limited to the curative function and excluding, as a matter of principle, taking into account the gravity of the fault, the axiom stays away from the punitive function. Civil liability is dual, both curative and normative - the penalty payment and the penalty clause bear witness to this orientation. The principle of full compensation causes the hegemony of compensation, that is why it obliges to restore a balance, assuring coherence and harmony in the functions of civil responsibility.Civil liability deserves to be reformed under two headings: the rationalization of the compensatory function and the renewal of the normative function.The principle of full reparation remains essential to the compensatory function of civil liability: a pledge of adaptability of the forms of reparations and of the evaluation of damages, it makes it possible to ensure its rationalization. Clarifying the rules determining and assessing harm would undoubtedly reduce criticism of this "ideology of reparation". The last reform project of civil liability wants to undertake it, precisely by clarifying the conditions of responsibility.Nevertheless, to recognize its limits is essential to the effectiveness of civil liability, without which the principle of full compensation will hinder too much the normative function. A paradigm shift seems necessary to revalorized preventive and punitive functions. Through them the two main axes of the normative dimension are expressed. In this sense, private penalty, correlated to civil fine, deserves to be revalued by positive law in order to harmonize the principle of full reparation with the corrective mechanisms essential to the sanction of faulty behaviors
Couture, Marc-Antoine. "Contrefaçon et recours civil : la quantification des dommages au Québec et en France." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/29469.
Full textSalem, Géraldine. "Contribution à l'étude de la responsabilité médicale pour faute en droits français et américain." Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080006/document.
Full textGeneral principles governing medical malpractice are highly similar in French and American law, despite different legal bases. Civil law and common law tend then, to converge concerning medical liability rules for negligence. In both laws, however, the medical relationship is undermined. In France, the deterioration of trust between doctor and patient can be seen as an Americanization of the law of medical malpractice. This deterioration is particularly expressed as a strong legalization of medical activity, the practice of a defensive medicine and the crisis of medical liability insurance. The patient became more than a care consumer. He always wants a medical result, that the failure leads him to consider himself as a victim. But should we really fear this influence came from overseas ? Indeed, we believe that the adoption of certain principles of the common law could create a new balance in the relationship between patient and doctor. Thus, class actions, punitive damages, mitigation or alternative dispute resolution could strengthen this relationship
Garcia, Vasquez Diego Fernando. "L'officialisation de la peine privée en Colombie." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D006/document.
Full textThe deterrent function of tort law has been called into question. The causes are the increase of strict liability systems and the development of liability insurance. However, the private law has another institution, the private punishment, a civil remedy that has been established for deterring illicit behaviours. This institution has been ignored in Colombian private law, because of a mistaken idea regarding the nature of the remedy. This essay searches for clarify the issue, in order to make the remedy legally recognized
Jacquemin, Zoé. "Payer, réparer, punir. Etude des fonctions de la responsabilité contractuelle en droit français, allemand et anglais." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020073.
Full textWhat is the purpose of contractual liability? “To compensate” will be the classical answer. “To provide a substitute for performance!” will dissent some daring scholars. “To punish?” will ask some voices here and there. Contractual liability aims at reproducing a situation similar to the one that would have resulted from performance. In doing so, it fulfils not one, but several functions. Firstly, looking at the creditor, contractual liability offers him a monetary substitute for performance itself (satisfactory function) and a compensation for the consequential loss suffered due to the breach of contract (compensatory function). Secondly, turning to the debtor, contractual liability punishes particularly serious breaches of contract by allowing an amount of damages greater than the cost of performance and compensation (punitive function). In case of a profit-oriented breach, this punishment can take the form of an account of profits. The clarification of these three functions reveals the hybrid nature of contractual liability that forges its specificity and provides the conceptual foundations for its autonomy. On these functions depend the conditions and effects of contractual liability, its place in contract law and its articulation and combination with the other remedies for breach of contract, as well as its borderline to tortious liability. This comparative work in French, German and English Law examines the interactions between the functions and the sanctions within contractual liability in view of a better understanding and a possible rational reconstruction of the concept of contractual liability
Nory, Yoshanloey Jafar. "Essai sur les finalités punitive et réparatrice des responsabilités civile et pénale en droit français et iranien." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10024.
Full textThe contemporary distinction did not prevent the civil and criminal liability to move toward a practical reconciliation in both French and Iranian law. We have show that restorative function of the civil liability can add up to a punitive function that is embodied the “private punishment” and the repressive function of criminal liability create a restorative function called “criminal restitution”. Through the pronouncement of damages officially compensated but objectively punitive, the Courts are able to repress behaviors which they consider to be punishable. Thus, the formalization of punitive damage seems not onlypossible, but also extremely useful. At the same time, criminal liability develops an undeniable restorative dimension, making it possible to ensure the repair of all the heads of damages suffered by a victim or to further discourage the illegal situation. The restitution is thus used as a tool for repression. Graft prosecution, it becomes a way of relieving the courts and contracting of the criminal trial. Incorporated into the sentence, it allows individualizing the criminal sanction. The two modes of liability must come together in a coherent perspective of legal liability so that justice is done with a social dimension
Rouquié, Salomé. "Étude comparative de la lutte contre la contrefaçon en droit français et anglais." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020007.
Full textA 2019 report by the OECD and the EUIPO estimates that counterfeiting accounts for 3.3% of world trade and 6.8% of European Union imports. Today, this illicit activity pervades the entire lawful economy, sparing no sector, and its profits are the primary income source for criminal organisations. In light of this, it is essential that improvements are made to the national and European legal framework. By taking a comparative approach to French and English law, a critical eye can be cast on the current regulations and proposals can be developed. When identifying the main components of this tort, by not retaining – like English jurists – the doctrinal classification of intellectual property rights, it is possible to draw new parallels and strengthen the objectivity of the classifications presented. This proposition also makes it possible to highlight the procedural strategies of litigants and to denounce certain tendencies by comparing the concept of parasitism with the tort of passing off. Based on the English approach, trade secrecy will also be considered as a privileged instrument, leading companies to favour it or to combine it with private rights. Similarly, during the presentation of the means of combatting counterfeiting, and having underlined the central role of the customs authorities, we will draw from the English judicial structure to propose a specialisation of our jurisdictions, the creation of a body of magistrates specialising in private law, a new allocation of costs and the introduction of punitive damages. Furthermore, convinced of the importance of European harmonisation in establishing an effective mechanism for sanctioning and deterring counterfeiters, we will examine the consequences of Brexit
Sintez, Cyril. "La sanction préventive en droit de la responsabilité civile : contribution à la théorie de l'interprétation et de la mise en effet des normes." Thèse, Orléans, 2009. http://hdl.handle.net/1866/3748.
Full textThe discovery of Preventive Sanction in the Law of civil responsibility is made possible by studying, for the first time, the various aspects of prevention (deterrence, cessation, precaution). To prevent harm at different stages of realization, case law makes a broad use of Preventive Sanction: before harm is done (precautionary and preventive measures), while it is done (stop and cease order), after it is done (temporary damages) and after is has been legally recognized (punitive damages). Crafting a notion of Preventive Sanction becomes then central to the understanding of contemporary legal developments. Preventive Sanction defined as the legal effects arising from the construction of a norm which might be broken, show that early action brought by a plaintiff can be successful. The transformation of traditional requirements for responsibility by these developments can be explained by reframing civil responsibility from its effects. This perspective allows for the preventive goal of judicial effectuation to be brought to light by the existence of Preventive Sanction. In practice, effectuation is performed by the judge and takes place between the construction and implementation of legal norms. The moment of effectuation occurs when the judge selects the legal effects destined to resolve a dispute. However, the judge is not entirely free when choosing a sanction. Preventive sanction originates from a need of security. Through early introduction of legal action, effectivity sought by plaintiffs impacts judicial effectuation of legal norms. The practice of law, within a renewed theory of judicial action, is better accounted for by reframing “preventive expression” of the Law of civil responsibility as “legal sanction” arising from the judicial effectuation of legal norms.
Thèse réalisée en cotutelle avec la faculté de droit de l'Université d'Orléans en France.
Lehaire, Benjamin. "L'action privée en droit des pratiques anticoncurrentielles : pour un recours effectif des entreprises et des consommateurs en droits français et canadien." Thesis, Université Laval, 2014. http://www.theses.fr/2014LAROD002/document.
Full textRegulation of competition is dualistic in France and Canada. On one side, public authority frame the market and impose sanction, if appropriate, to the practices contrary to existing legislation, and, on other side, the victims injured by antitrust practices, that is consumers and company, may bring a private procecussion based on the liability to obtain a compensation for the antitrust injury. They are respectively of public action and private action, also referred to as public enforcement and private enforcement of competition law. However, in the European Union, and particularly in France, the antitrust harm has no effective remedy. Indeed, in France, consumers had not, until the adoption of the collective redress, procedural means to access the judge of compensation. In addition, the French civil law proves too rigid to allow compensation for something as complex as the competitive harm. For its thinking about it, the French legislator has often turned to the Canadian and Quebec models to reform its bicentenary civil law. Indeed, the Quebec civil law is particularly flexible in disputes related to competition law. In addition, the Canadian Competition Act provides a right to compensation adapted to the constraints of the victims of anticompetitive practices. The author has sought to understand how the Canadian private enforcement mechanism works to assess whether this model, through the Quebec civil law, could inspire a reform of French civil law model adopted by the legislature in particular during the introduction of collective redress. The analysis is primarily civil law to allow a reading of private action that departs from conventional stereotypes of the American experience in this field. The ultimate goal of this comparison is to make effective use of the private businesses and consumers in French and Canadian rights following an injury resulting from a violation of anti-competitive practices
Gueye, Doro. "Le préjudice écologique pur." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10061/document.
Full textEnvironmental damage has always been taken into account from the perspective of anthropocentric damage, that is, damage that affects humans and goods. Today, driven by the ecological ethics defended by the advocates for an ecocentric design for Man's responsibility to environmental goods, most of the doctrine considers environmental damage as purely ecological damage. This concept of purely ecological damage can be defined as the wrongful consequence of damage to a common environmental heritage, a certain threshold of severity and deriving from an act attributable to man. The specificity of the nature of purely ecological damage means that its recognition and compensation are understood with difficulty in environmental responsibility law. Compensation for purely ecological damage is taken into account, at the European level, by the directive of 21 April 2004, which set up an innovative mechanism for environmental responsibility, transposed into France by the law of 01 August 2008, creating an administrative policy for the prevention of, and compensation for, damage to the environment. However, a judge sensitive to ecological damage always tries to compensate for the purely ecological damage on the common law principle of civil responsibility, the rules of which are ill-adapted to the specificity of this type of damage. Taking the environment into account as humanity's common heritage, the input of subjective and fundamental law on the environment, adapting the civil responsibility regime through implementation of a group environmental action and establishing punitive damage compensation all make it possible to go beyond the requirements of certain, direct and personal damages, and to better repair purely ecological damage through common law in civil responsibility
Flamia-Biondetti, Marika. "Réparation et dissuasion : analyse de la dimension punitive de la condamnation civile." Thesis, La Rochelle, 2010. http://www.theses.fr/2010LAROD022.
Full textNo one can contest the nature of the compensation brought about by civil liability. However, even though this reparative function is barely discussed, today the authors are divided on whether or not this should be the unique role assumed by civil liability. It cannot be denied that it takes on other roles and fulfills other purposes; the vast majority of the doctrine indicates that in effect, without underlining the outcomes that the objectives of responsibility are multiple and raise issues concerning the compensation of prejudice as well as punishment and the dissuasion of detrimental behavior. At a time when a crisis of responsibility is denounced by all, the question touches on the roles that civil liability must assume. Whereas certain authors plead for a reevaluation concerning the primary function of indemnity to victims, more and more plead the contrary, for an extension of these functions in a direction that is both more repressive and preventative. It is therefore about considering the use of civil liability as a tool in its own right for risk management purposes.Completely centered upon the compensation for victims for several decades, civil liability has, somewhat paradoxically, been ill equipped to face these new questions. Moreover, a diversification of these functions raises questions on the preeminence of the effects of one function on another and their eventual conciliation.In all actuality, there is undeniably a favorable common ground for the development of a truly punitive function of civil liability and one can note that of a double movement that reveals the regulative role that civil liability can assume.Initially, the punitive effect, which is loosely attached to traditional civil condemnation, is clearly receding under the effect of withdrawing faults but also those rules governing reparation. The effect remains nevertheless, as demonstrated by an economic analysis of responsibility. We have therefore highlighted a latent yet very real moral conception of civil liability serving a normative function.Especially noted for this second function of responsibility is that it tends to substitute a true punitive and dissuasive role of civil judgment that is constructive and coherent.We thus proposed a new interpretation of the role of civil liability after having raised the seedlings of its relatively ill scattered normative design : evolution of the notion of reparable prejudice notably with the easing of criteria relating to reparable prejudice in business law or the emergence of new prejudices, for example within an environmental framework.; the modification of the evaluation of reparation ; the emergence of the notion of privatized punishment.Two methods seem possible in order to support the resurgence of the dissuasive and punitive role of civil liability: the first relates to an increase in the consequences of civil condemnation which plays upon the evaluation of reparable prejudices but also the possible recourse to a private penalty; the second corresponds with removing the stumbling blocks which effect responsibility by putting insurance mechanisms in to place. The law relating to the insurance conceals poorly acknowledged or exploited mechanisms that could support a rise in the punitive function of civil liability
Lendermann, Marc. "Strafschadensersatz im internationalen Rechtsverkehr : die Behandlung auslädischer punitive damages im deutsh-französischen Rechtsvergleich." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D037.
Full textEven though the law of continental European countries does not explicitly contain punitive damages, the tribunals of these states can be confronted with this legal instrument when dealing with the recognition or enforcement of a foreign decision awarding punitive damages or when the notification of a foreign legal act is requested. Despite the fact that the law of France and Germany follows the principle of full compensation, the case law of the supreme courts of both countries differs regarding the recognition and enforcement of foreign judgments awarding punitive damages The thesis aims at explaining the different interpretation of the international public policy exception in both countries .The thesis argues for a convergence in French and German law regarding foreign punitive damages: it is recommended that the German Supreme Court changes its case law by adopting the same approach as the French Cour de cassation did, according to which a foreign decision awarding punitive damages is not as such contrary to public policy, but that enforcement must be denied if the sum awarded is disproportionate. The French courts, on the other hand, could be inspired by the solutions applied by the judges and the legislator in Germany in order to deal with those issues on which the Cour de cassation has not had to decide yet : they should provide judicial assistance regarding foreign proceedings in which punitive damages are claimed, but refrain from awarding punitive damages when applying foreign law according to rules of conflict of laws
Bezin, Myriam. "Dommages causés par des produits de santé : réformer les mécanismes de prévention, de responsabilité et d’indemnisation." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10029.
Full textProliferation of sanitary scandals, the new notion of whistleblowers, the increasing number of declared victim and collective distruss towards laboratories have a crucial impact. Indeed, experts had to face significant deficiencies in the health products legal system. So far, defective products liability regime was seen as adapted, however current events have proven its boundaries. Besides the complexity for victims to proove laboratories responsability, their compensation is long, insufficient and far from being systematic. Other problems exist, conflicts of interest between laboratories and judicial experts are one of them. Also, there is a lack of credit given to whistleblowers as well as low awareness of class action. So, because of these specific problems, colossal issues emerged: the powerful medicine(s) industry as an/the actor and human life as an / the purpose. As our present liability system have shown us its limits and flaws, it is necessary to imagin a system, specific to health products, to complete the current liability rules to avoid new sanitary scandals. Terefore this thesis offers the creation of a new specific liability system, based on risks prevention and actors repression. It is essential to put again the victim at the center of this issue, to give a better indemnity, to develop precaution principle regarding health law and to give remarkable penalty
Laurès, Bertrand. "Les actions en dommages et intérêts pour les infractions au droit de la concurrence." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100161.
Full textCompetition law is mainly governed by European Union law. Public enforcement ensures fulfilment of EU law. Until recently, and despite recognition in case-law, EU law did not provide for a legal regime enabling victims of anti-competitive practices to obtain compensation of their damage. National law did not have a specific legal regime and victims of anti-competitive practices could apply the common civil liability regime on the basis of ex-Article 1382 of the Civil Code. Given the complexity of litigation, this situation lead to great difficulties for victims to obtain compensation for their damages. EU directive n°2014/104 creates a new legal regime and harmonizes the private enforcement. It has been transposed into French law under ordonnance n°2017-303. This much-awaited reform is subdued. Certainly, there are significant progresses. The directive facilitates the proof of fault, and organizes the communication and production of documents during the proceedings. It establishes a presumption of loss and provides a framework to assess the harm. On the other hand, the reform is rather timid on other elements, such as the fault, its attribution, or the financing of the actions. The purpose of this study is to analyze these new rules to ascertain whether it effectively facilitates actions for damages for infringements of competition law
Courtiau, Marie-Noëlle. "Responsabilité contractuelle et inexécution : (pour une autonomie de la responsabilité contractuelle)." Paris 1, 2001. http://www.theses.fr/2001PA010260.
Full textHenao, Juan Carlos. "Le dommage : Analyse à partir de la responsabilité civile extracontractuelle de l'Etat en droit colombien et en droit français." Paris 2, 2007. http://www.theses.fr/2007PA020081.
Full textKazemi-Rached, Ali. "L'islam et la réparation du préjudice moral." Université Robert Schuman (Strasbourg) (1971-2008), 1988. http://www.theses.fr/1988STR30011.
Full textThe fundamental sources of muslim right, the Coran, the Sunnat (tradition), the "Idjma" (general consensus) and the Qiyas (analogical reasoning), as well as other sources of this right i. E. The AGL (human reason) acknowledge moral unjury and allow its reparation. However, most juriconsult theologians ignored this aspect of civil liability, to the point of considering it impossible. As the legal basis of this reparation does exist, the question for us was to find through which institution of muslim right compensation coul be effected for victims of extra-patrimonial injury. The diya (price of blood), equivalent of the composition of ancient roman law, is owed not only for manslaughter, but also for injuries, loss of limbs or their beauty. In spite of legislative effort, and despite the advisability of the decisions made in virtue of the hukoumat-al-adl, harmonizing the various solutions suited to islamic legislation remains desirable as also better reparation of injuries, in whatever shape or form, proves indispensable
Reiss, Lydie. "Le juge et le préjudice : étude comparée des droits français et anglais." Paris 1, 2002. http://www.theses.fr/2002PA010262.
Full textBoucraut, Louis-Marie. "Les principes juridiques d'évaluation du préjudice économique réparable résultant d'atteintes aux biens dans le contentieux des responsabilités civile et administrative." Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32015.
Full textConcerning compensation for financial damages caused to goods, the "cour de cassation" and the "conseil d'etat" have established the one legal rule for liability disputes : full compensation. This rule is not explicitely contained in any text. It has been mainly established by court decisions. However, the analysis of civil and administrative court decisions, show that this general rule is neither interpreted nor appliced in the same way by these two juridictions. Therefore, damages granted for the same goods are evaluated differentely by civil court and by administrative court, wich creates an anomaly. Following the analysis of recent court decisions, some solutions have been proposed wich depend ont the economical context and not on the juridiction to wich the case has been brought
Coëffard, Paul. "Garantie des vices cachés et "responsabilité contractuelle de droit commun"." Poitiers, 2003. http://www.theses.fr/2003POIT3005.
Full textAmaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Full textPas de résumé en anglais
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
Dumas, Jean-Pierre. "Les prestations de services et la sécurité des consommateurs." Montpellier 1, 1991. http://www.theses.fr/1991MON10030.
Full textGracia, Jean-Luc. "L’atteinte à la propriété : contribution à la distinction du dommage et du préjudice." Pau, 2007. http://www.theses.fr/2007PAUU2007.
Full textThe mainspring of the distinction between damage and prejudice comes to consider the damage as the prime cause of the prejudice. Now, as far as property is concerned, this damage may be found in what it’s usual to describe as a breach of property. Such a breach, beyond the bareful doings of this author, also represents a disavowal of the subjective right of property. This ignoring may be understood as framing a damage to the sole prerogative of the owner. This damage, caused to property, separate from the possible prejudice of the owner, is alone equal to bring into operation legal structures, specific to the defence of property, law of property and rights of literary property. The results of these structures will mainly be to reinstate the owner in the legal and material position that was his own with reference to his own’s possessions before this damage happened. Effecting this a comeback to statu quo ante, the judicial reaction raised up by this damage may have in common with a genuine reparation carried through it might take part in atonement for property materially damaged, the civil liability mainly centers interest on the prejudice resulting from the damage. A genuine come back to statu quo ante is then out of place. It’s a matter for the civil liability no more to repail but to compensate pecuniarily prejudices of the owner, whatever solely patrimonial or extra-patrimonial they may be
Cungs, Séverine. "Comportement de l'individu et dommage en droit public." Chambéry, 2010. http://www.theses.fr/2010CHAML011.
Full textThis @research studies the links between the indidual behavior and the damage which may result from it, and analyses its incidences in public law in terms of liability and of the legal redress. It distinguishes beetwen the person author of the damage and the person victim of the damage, but who, by her behavior, has participated in the production of its own damage, wether voluntary or not. In both cases, the behavior can be faulty of founded on the risk. The thesis revisits the traditional concepts of administrative law, which connected with the individual behavior. It is based on the idea that individuals increasingly removed all sense of responsability because of a more and more important socialization of the risks. They have not to bear the burden of reparation, which falls most often on society, even if their behavior has been, in whole or in a part, the source of the damage. Meaures of prevention or precaution adopted by the authorities also lead to disempowerment : the person are increasingly based on institutions which have to guide their behavior and to undergo the effects of this implication
Venkatasamy, Tarasvedee. "La responsabilité civile des syndicats et de leurs représentants en cas de conflits collectifs du travail : essai de comparaison des droits anglais et français." Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30015.
Full textAll strike causes damages. The aim of this study is to analyse the legal techniques used to face such situation. The study of the english and french systems, shows that in this field, the civil liability affecting sanctions and remedies appears as the most appropriate legal instrument. On one hand, it assures prevention or suspension of damages, and on the other hand, the employer or third party may obtain compensation for damages resulting from strikes. However, the implementation of civil liability of trade-unions, and their members encounters some diffidulties, which are linked to the particular nature of industrial conflicts as well as to the necessary protection of the "rith" to strike. The analysis of the two systems shows that both at the level of compensation and prevention or suspension of damages resulting from strikes, several solutions are similar and the legal reasoning not basically different. However, it remains that the english law has reached a degree of case law and statutory's extension of the civil liability of trade-unions and their members which the french system has not come to
Harrant, Valérie. "Indemnisation et valeur de la vie : une analyse économique appliquée au cas des victimes contaminées par le virus VIH par transfusion ou injection de produits sanguins en France." Reims, 2004. http://www.theses.fr/2004REIMA002.
Full textThis PhD dissertation deals with the compensation awarded to victims contaminated by HIV through transfusion or injection of blood products in France. This is not a "classic" case of wrongful injury, because the damage is related to the prospect of their own death. The disease is progressive, sequential and probably fatal, so that the determination of compensation requires the use of a theoretical dynamic model of health. Our work is based on the data files of the national compensation fund. The empirical results are consistent with the theoretical model
Saedi, Seyyed Omid. "Le retard dans l'exécution des obligations contractuelles : étude comparée du droit civil français et iranien." Paris 1, 2011. http://www.theses.fr/2011PA010255.
Full textFayzi, Chakab Gholam Nabi. "La responsabilité du transporteur maritime de marchandises : selon les règles de La Haye de 1924 et de Hambourg de 1978." Nice, 1999. http://www.theses.fr/1999NICE0030.
Full textWith the intention of examining the reforms which the Hamburg rules have introduced to the system of liability of carrier of goods by sea, this research brings into focus a comparative study between these new rules and the original ones of The Hague, as well as the version modified by the Visby rules (1968) and the sir protocol (1979). This essay is set out in two parts. With the aim of analyzing the development of the essential rules of liability the first part, on the one hand, examines the basis of liability of the carrier, as well as its obligations, of which the failure to fulfil brings about its liability. On the other hand, it studies the temporal and spatial liability of the carrier (the responsibility of carrier in the time and in the space) as well as its liability in certain circumstances, i. E. : transport under charter-party, deck cargo, live animals. . . Etc. The second part analyses the legal reasons for exoneration as listed in The Hague rules and the reforms introduced by the Hamburg rules in this respect. In the same way, it examines the matter of action for damages and judicial proceeding; the conditions relative to the declaration of reserves, the prescription of the action, the jurisdictional competence, the arbitration and clauses of compromise, as well as damages to be paid and the ceiling of compensation
Musson, Véronique. "La modération en droit privé des contrats." Nice, 2006. http://www.theses.fr/2006NICE0007.
Full textAll jurists that look into moderation in private law of contracts are disposed to study the moderating power of judge. The article 1152 of Civil Code inclines them to agree with it. This original moderation is born with the protection of weak party in contract. Now law of contract focus attention on contractuel solidarity. That makes the creditor a duty to exercise sef-control. Moderation can become evident with the mitigation of damage. Juridical standard, moderation can be transformed into a general principle in law of contract. It bases on the articles 1150 and 1135 in addition to the article 1152. This study shows that French law of contract is in a position to adapt itself to new juridical conditions. .
Moncuit, Godefroy de. "Faute lucrative et droit de la concurrence." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV072.
Full textThis study explores the reasons why economic agents are likely to break the rules of competition law. This paper demonstrates that main reasons are related to a cost-benefit calculation, also known as the concept of “lucrative infringement”. Our results are conflicting with the findings of behavioural economics, which reject the theory of cost-benefit calculations incentives and argues that economic agents are subject to “cognitive biases”. However, the theory of the rational agent, despite its limitations, remains the most relevant for assessing the competition law ability to deter anticompetitive practices because it compares the rule of law to a "price" that weighs on the choice to break the law. The influence of legal rules as a set of incentive or deterrent norms that influences agents' behaviour on the market is less considered by behavioural economics that focuses more on agents' cognitive biases.Economic agents are rational and look for a “lucrative infringement”. They speculate on the multiple loopholes of competition law, which weakens the legal risk of the infringement. In this regard, two fundamental limits affect deterrence: on the one hand, the low probability of getting caught which generates “lucrative faults,” and on the other hand, the retention of all unlawful gains derived from the infringement.These limits concern both the application of public and private enforcement. First, the dissuasive function of "private enforcement" is limited by the absence of confiscatory damages. Similarly, the restrictive standard of proof to admit a collective class action hinders its dissuasive nature. When it comes to enforcement, the development of algorithmic cartels and the specificity of digital markets reduce competition authorities’ ability to detect illegal practices. Even when they manage to detect such practices, the sanction applied to the economic agent seems under-dissuasive. As our empirical study shows, fines and/or compensatory damages imposed are often lower than the benefit derived from the infringement.In addition, deterrence is weakened by the absence of criminal punishments for business leaders who have coordinated anticompetitive practices. This study demonstrates that they also make calculations about the benefit they may derive from violating the law. Our study develops a “legitimacy test of imprisonment” to provide an answer to the question of when imprisonment is a legitimate penalty.This study builds a step-by-step deterrent legal regime to daunt anticompetitive practices. Deterrence requires a twofold analysis on the application of competition law and the adequacy of sanctions to deter anticompetitive conducts. It is necessary not only to make competition law effective, i.e. that no infringer can escape with the costs of its violation, but also – to achieve an adequate level of deterrence – that fines and/or compensatory damages exceed any potential gains that may be expected from the infringement
Kotoko, Louis rodrigue. "De la solidarité comme moyen de réparation du préjudice en Afrique à la notion d'assurance : le cas du Bénin et de la Mauritanie." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC028/document.
Full textSince the dawn of times, whatever the shape it has had, one of the major worries of mankind has been and still is his protection, the protection of the people close to him and that of his belongings against the hardship of life. In that perspective, Insurance companies have been created.In Africa, before the introduction of that notion, it is the solidarity in its various forms (assabiya, touiza, Iahwa or else tontine) that has served as means to repair damage.Insurance law that has for mission to govern the activity, has, in Africa a configuration that was intimately connected to the colonial history. The study of the evolution of the notion of insurance in Mauritania and in Benin puts us in front of two legal systems having peculiarities sometimes stemming from the islamic law or common law. However, the point of convergence of these two systems remains the French law which they inherited via colonization. This imported law has it been learned by these two countries?The CIMA code and the Mauritanian insurance code will allow us to fully grasp the insurance contrat, the compensation and the activity of insurance : essential elements to raise the current situation of the sector of the insurances in Benin and in Mauritania. In Africa, even if in certain countries the sector of the insurance is in net growth, the questions raised by this thesis will be relative to the adaptability of the conventional insurance in the African countries in which the sector of insurance has difficulty developing.In any case, it will be necessary to lead a reflexion on alternatives of the developement in Africa of the conventional insurance
Alsabah, Maryam. "Responsabilité du fait des choses : étude comparative du droit français et du droit Koweïtien." Thesis, Université Grenoble Alpes, 2020. http://www.theses.fr/2020GRALD010.
Full textMy research aims to study how the Kuwaiti system compensates victims in situations where the French system uses general liability for acts of things, based on article 1242, first paragraph of the French Civil Code. This study takes its interest from the fact that this liability in France is much criticized and it is even envisaged in one of the great projects of reform of the law of obligations to modify it. In particular, French courts have been faced, although not fully resolved, with the growing problem of what to do with obsolete laws manifestly unsuitable for current conditions. Until at least 1985, French courts have ruled on almost all tort cases under laws drafted in pre-industrial and pre-automobile times. Their performance is a tribute to what the judges can do. The French legislator never intervened in 1804, the date of the codification of the French Civil Code, to modify the common law regime of tort liability. This is not to say that the common law of French extracontractual liability has remained unchanged. In France, this right is essentially jurisprudential. The French legislator, by the March 2017 reform bill, however, takes up this task. Many are the change to come and are instead of arguing in French law, situate here that the big ones: disappearance of the liability attributable to buildings, disappearance of liability for fire, absorption of liability for animals by liability for acts of things. It is therefore interesting to see, at a time when we are considering reforms to the law of obligations in France, what other countries are doing in this area, such as Kuwait, in order to be able to put forward the most interesting system. Kuwaiti civil liability law, of recent codification, therefore presents some fairly innovative thinking
Alamri, Thanwa. "Le droit de la concurrence et les pratiques monopolistiques : étude comparative des droits saoudien, français et européen." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D020.
Full textSaudi Arabia's recent adhesion to the World Trade Organization (WTO) has created a pressing necessity to develop and conform its judiciary system to the high liberalism of global commerce. Including the adoption of a law favoring the protection of market competition and the prevention of monopolizing practices, in the context of the Saudi Competition Act N° (M/24) of 11111 of February 2014. This law seeks to enforce two important regulations. The first is to maintain the competitive practices and behavior of businesses actively participating in the market by disallowing anti-competitive agreements, as well as the abuse of power that certain dominant companies in the market may be guilty of by not employing competitive practices. The second regulation is the preservation of the structure of the industry market by managing and thereby limiting company policies seeking to concentrate operations, as it is natural that companies seek to manage their market development and as such limit the effects of anti-competitive concentration policies to ensure freedom of competition. While studying these practices in the Saudi Competition Act, insufficiency and negligence has been determined on multiple items mentioned and described in the French and European competition laws, as such the researcher judges it necessary to fill the gaps of these lacking areas in the Saudi legislation. This study also comprises three types of judiciary action in competition law
Thioye, Malick. "Le droit mauritanien de la responsabilite civile : approche des notions de faute et de dommage." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0055/document.
Full textThe law is truthfully linked to our society, his development depends on the moral, the traditions, the cultural believes and the locals cultures. When you want to develop your country, you need to have good rules and principles in order to regulate the relationship between people. The responsibility is the obligation to respond at the damage you can cause to another person and it can lead to civil and criminal prosecution... It is the phenomena of responsibility in the legal order. Furthermore, the quasi-contracts require licit facts, but the crimes, the quasi-crimes are illegal facts, intentional or a simple negligence. All of this are the civil responsibility, which are the object of this PHD. The goal of the insurance companies and the social security is important, because they repair the damages of people. But, when you want to have a reparation, you might join these three conditions: the fault, the damage and the causal link. Face of this situation, we are going to study the different elements which lead to the civil responsibility and their impacts on the compensations in Mauritania law
Randrianirina, Iony. "Le droit de marque." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3008/document.
Full textThe trademark rights are a legislative and judicial concern. The interest is due to the rise of worldwide counterfeiting. Trademark protection against counterfeiting deserves to be strengthened. It is then necessary to define the scope of the rights to protect. Trademark rights, exclusive rights to use a trademark, are described mainly as an ownership of a particular type. However, a comparison study of trademark rights and ownership reveals more differences than similarities. Identify the object of trademark rights in the place of the trademark on the market in the minds of the public and competitors leads to a new legal nature : the market rights. Therefore, unscrupulous competitors who commit acts of infringement undoubtedly impinge on the market rights belonging to others as they usurp the marketplace reserved through trademark registration. The fault causes a more or less severe damage to the trademark owner. Counterfeiting on genuine products is a low gravity compared to the one on non genuine products because then improperly marked goods, often of poor quality, are likely to harm the health or safety of humans and its environment. Thus, the counterfeit trademark is altered. Therefore, under criminal law, the fine could take the form of a percentage of the sales made by the infringer. Under civil law, restitutionary damages would deter lucrative counterfeiting
Giaoui, Franck S. "Indemnisation du préjudice économique en cas d'inexécution contractuelle : étude comparative en common law américaine, droit civil français et droit commercial international : application aux avant-contrats, atteintes à la réputation commerciale et activités sans base établie." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D036.
Full textLaw statutes and codes lack of a precise definition of the « full compensation » principle, and a fortiori they Jack of rules for assessing compensatory damages. The legal doctrine tries to fil] in the blank by describing the different types of damages awarded, notably in the United States. Yet, the issue remains full when the Joss is certain but its valuation remains complex or uncertain. The assessment of the economic Joss and the calculation methodology for damages are considered to be only matters of facts: trial courts and judges thus retain a sovereign power, resulting in great uncertainty for the parties. Reducing judicial uncertainty requires the choice and creation of a common framework. Based on the results of an empirical law and economics analysis of several hundreds of precedent cases, the dissertation formulates simple and practical suggestions for parties looking to improve their chances of success in recouping lost profits and lost opportunities. It also evidences which improvements of the judicial systems are required in order to actually implement the current right to full compensation. More importantly the research reaches a fundamental nonnative conclusion: economic Joss, compensatory damages and hence, the calculation of the quantum granted should be considered, not as mere matters of facts but also as matters of law. Henceforth, it would be logical that the Cour de cassation ( or the highest court) advises and controls the use of calculation methodology. Each head of damages would thus be legally qualified and the principle of full compensation would be extended in order to better compensate the loss when evaluating its quantum is complex. It finally results that referenced compensatory scales can be practically developed from compiling relevant legal precedents. The introduction of such scales would benefit academics in their debates, parties in the drafting of their contracts and counsels in their pre-trial exchanges. Eventually, judges could use them as tools to assist their rulings. If those scales were to be adopted and shared, they would enable the creation of such artificial intelligence as machine learning which value - notably the predictive value - would far exceed what is perceived today
Valdivia, Olivares José Miguel. "Le droit de la responsabilité de la puissance publique au Chili à la lumière du droit français : Etude comparée." Paris 2, 2010. http://www.theses.fr/2010PA020090.
Full textDugue, Marie. "L'intérêt protégé en droit de la responsabilité civile." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010300.
Full textThe concept of "protected interests", which is well-known in many legal systems such as German or English law, is still widely ignored in French tort law. However, a recent concern has emerged in France, relating to the increasing scope of tortious liability. This is why it appears necessary to pay special attention to the tools which could help to reduce this scope of protection. Firstly, the concept of "protected interests" could be used as a way to clarify the definition of the conditions of liability, especially damage and fault. As French courts have sometimes suggested, the definition of damage could be specified by considering that it consists in the lesion of a protected interest, that is legitimate, personal and serious. The definition of fault could also be improved so as to include the concept of protected interests, through the implementation, in our legal system, of "la théorie de la relativité aquilienne" (scope of the rule theory). Thus, these two requirements could become a mean to "keep the floodgates shut". Secondly, the concept of protected interests could be used to reorganize the system of tort law. Indeed, it seems highly desirable to recognize the existence of a hierarchy between the various categories of protected interests, which is, for now, quite rudimentary. Should such a model be adopted, it could then challenge the summa divisio between tortious and contractual liabilities, on which the whole system currently rests
Pillayre, Héloïse. "Justice et justesse de l'indemnisation. Acteurs et dispositifs de l'État providence à l'épreuve du scandale de l'amiante." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0086.
Full textIn this dissertation I aim to understand how actors affected by a major collective drama, here the asbestos scandal, try to reach agreement on what constitutes a fair compensation of the harms that have been caused. The asbestos scandal has given birth to innovations in the way victims are compensated, through the creation of a Compensation Fund (the Fiva) and the renewal of the procedure of « Faute inexcusable de l’employeur ». These innovations have come to question the traditional compensation system for Work-Related Accidents and Illnesses, which consisted of a lump-sum compensation based on a system of joint management between representatives of trade-unions and employers. The objective is to understand how compensation mechanisms that are created following a public health scandal coexist with mechanisms grounded in the welfare state that were put into place back in 1946, and how these different mechanisms allow the expression of different types of citizenship. In order to respond to these questions, the dissertation describes the normative evaluations expressed by different actors on these compensation mechanisms, as well as the way in which these evaluations confront each other. The dissertation is based mainly on interviews with the involved actors and on ethnographies of local associations, and articulates three analytical levels:The institutional actors that have participated in the creation or renovation of compensation mechanisms of asbestos-related diseases (union and association representatives, lawyers, employer representatives, government agents). The dissertation shows how actors attribute different ends to the compensation mechanisms and evaluate their principles and functioning differently. The thesis brings to light an important divide between union representatives and associations, which it tries to explain. Local associations seek to aid persons in obtaining compensation. The dissertation describes the diversity in the structuration and mode of functioning of these associations, that emanate from different types of communities, and shows the influence of this diversity on the way in which these associations provide aid to victims. Finally, the compensation paths of victims themselves and beneficiaries are analyzed, accentuating the diversity of ways in which they name what is happening to them, in how they express blame, and in how they claim compensation. The dissertation brings to light the influence of persons’ careers and of local associations on the itineraries they pursue
Sansone, Guillaume. "Les sanctions en procédure civile." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0468.
Full textIrrecevabilité, nullités de forme et de fond, caducité, péremption, radiations, exception d’incompétence, etc… Many procedural sanctions can threaten the litigant during the trial. These threats are real, but their outlines are blurry. The code of civil procedure appears to contains a rigorous and harmonious sanction law. However, many technical imperfections are unveiled whenever a sanction is determined or pronounced. This study has attempted a comprehensive inventory of these imperfections. During the last decade, lawmakers have not tackled these technical flaws, and kept on using sanctions as tools to serve interests of judicial policy. In reality, this policy of using sanctions as legal instruments goes against the true spirit and ambitions of the author of the law reducing disputes at all cost. This policy goes against the very conception of the civil procedure as a servant of private rights. These flaws being exposed, we proposed a new method, being more respectful of justice. For this method to flourish, it had to come with a rethought typology of sanctions, which corrects these imperfections. Too often, procedural error is reduced to it sanction component. In fact, once the sanction has been identified, some questions remain unanswered, among which the most decisive one: pronounce or avoid the sanction. In order to answer this question, the rules governing the application of sanctions had to be reconsidered
Cérèze, Constance. "La responsabilité des parents du fait de leurs enfants du XVIe au XIXe siècle." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020025.
Full textThe history of parents’s responsibility between the XVIth and the XIXth century is the history of the progressive acceptance of this institution during the three centuries before the French Revolution, its official recognition by the civil Code in 1804 and its denial at the end of XIXth century. The difficult admission of the responsability of the parents for their children is due to the penal law which is the origin of the civil liability. At the time when our study begins the penal law refuses to charge the children below a certain age and to charge the parents for something done by their children. Despite of that some local custums admit the civil liability of the parents for their children. During the three centuries before the French Revolution this responsability is progressivly accepted due to the better formulation of a general principle charging everybody to pay the consequences of their failures, to the wider allowance of the link between the fault commited and the loss resulting form this fault and at last to the moral of education enhancing the link between the parent’s education and the children behaviour. The responsability of the parents for their children is definitly recognized by the civil Code in 1804. At this stage this principle is the warantie and punishment of the strong paternal power. It is also its specific application of the law charging everybody to pay the consequences of his fault, even the fault in what he has simply neglected or failed to do. The first part of the XIXth Century is the summit of this institution. Both the rejection of a strong paternal power and of the objective fault has caused the rejection of our institution at the end of the XIXth Century
Heckmann, Lise. "La solidarité en matière pénale." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1036.
Full textIf solidarity first resembles a highly fact-concept, it is a legal concept operating in criminal matters. Although an implementation modality of a civil obligation, it was introduced into our penal system by the 1810 legislature intended to respond to the moral solidarity in the offense a material solidarity in the penalty. But far from being limited to its original domain, it is currently found in the criminal matters where she draws particularly the notions of solidarity criminal, family and human solidarity or of tax and customs fines. It has different dimensions and interacting with each other without apparent coherence. Yet it covers under the same word two different and complementary realities. It comes both as a moral sentiment that connects people and forces them to mutual acts of assistance and as a legal technique that ensures the recovery of a debt. She is a recognized social value protected by the criminal law as well as a delivery mechanism for a penalty imposed on a number of authors. Now, many provisions incorporate it in various offenses and make it a part of the penalty. Solidarity is at the heart of the criminal law where it plays a fundamental role. It falls to the support of criminally protected social values and ensures the effectiveness of criminal enforcement by allowing the recovery of financial penalties. It thus plays a major role in our criminal justice system
Denimal, Marie. "La réparation intégrale du préjudice corporel : réalités et perspectives." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20017/document.
Full textThe principle of full reparation for bodily injury demonstrates the limits of its current application. While our legal system seems inclined to all the requests to the victim, it largely misses its goal : the multiplicity of compensation schemes, heterogeneity assessment methods and insufficient firmness concepts implemented appear as factors of disparities between the victims. In support of an open study with international law, to the doctrinal solutions as well as an adjustedunderstanding of the concept of victim ; this thesis works for the empowerment of personal injury law respecting the values of equality, humanity and justice of compensation specific to the full compensation principle of reparation for bodily injury
Lafond, Valérie. "La réclamation en dommages punitifs et son effet sur l’assurance responsabilité : analyse de la faute intentionnelle et de l’atteinte illicite et intentionnelle." Thèse, 2015. http://hdl.handle.net/1866/13485.
Full textClaims for punitive damages have proliferated over the years before the courts. For such claim to be granted, it is required to demonstrate an unlawful and intentional interference with any right or freedom protected by the Charter of Human Rights and Freedoms. Liability claims can be covered by insurance. However, the Civil Code of Québec specifically provides that the insurer is never bound to indemnify the insured’s intentional fault. Does this mean that the insurer has no obligation towards its insured when punitive damages are sought? The question is thus whether the concept of intentional fault and of unlawful and intentional interference are concepts that are equivalent or that need to be distinguished. For this analysis, the two concepts will be adressed in depth. The origin of these two concepts, their founding principles and their interpretation will be discussed to ultimately define these terms as precisely as possible. These definitions will then help to compare these two concepts and determine in the end that there are several elements that differentiate these concepts, particularly in regard to the required intent, with the result that they can not be assimilated. This conclusion will have a definite impact on the insurer’s obligations to defend the insured and to indemnify the victim for compensatory damages if punitive damages are also sought. Therefore, the insurer cannot justify its refusal to defend or indemnify solely on the basis of the evidence of an unlawful and intentional interference.
Lafont, Isabelle. "L'efficacité du régime de responsabilité civile comme mesure de contrainte au respect de l'obligation de sécurité des renseignements personnels." Thèse, 2013. http://hdl.handle.net/1866/11222.
Full textMorin, Sophie. "Le dommage moral et le préjudice extrapatrimonial." Thèse, 2008. http://hdl.handle.net/1866/8844.
Full textOur research initially aimed at analysing the substance of dommage moral: discover feelings within the heads of dommage moral. At first, the reader, when looking at the published judgments made by the Quebec jurisdictions between January 1, 1950 and December 31, 2004 and which grant damages to compensate tortious préjudice extrapatrimonial, is under an impression of confusion and disorder, on a terminological as well as on a conceptual level. Dommage moral, préjudice extrapatrimonial, dommage non pécuniaire, préjudice moral: such terms make a synthesis of the heads of damage impossible. Finally, this thesis is dedicated to the analysis of the reasons for such confusion, to the forms it takes, to the means used by jurists in order to contain it, if not to surmount it. Despite such confusion and disorder, it may first be generally observed that the judicial and legal discourses on préjudice extrapatrimonial are homogeneous and stable. Dommage moral and préjudice extrapatrimonial (both being treated as similar) are said to be hard to compensate. In order to contain the arbitrary and subjectivity which characterise préjudice extrapatrimonial, a dominant rational and reasonable discourse has been built and a comprehensive estimate of the damage is carried out by judges. As a result, the amounts of the damages allotted as compensation are stable. But why are so many words used to describe the same reality? Dommage and préjudice are currently used in Quebec law as if they were indistinct on a terminological and conceptual point of view; the result is an over-simplification of civil liability. We propose that dommage (whether bodily, material or moral) and préjudice be distinct. Dommage qualifies at the siège de l'atteinte (bodies, goods, feelings and values) and préjudice qualifies with regards to the nature of the effects (whether patrimonial or extrapatrimonal) of the dommage. Being thus distinguished, dommage and préjudice gain sense while distinguishing the two steps composing civil liability: determination of liability based on fault, dommage and causal link between them (1st step), and compensation of the préjudice that accompanies the dommage (2nd step). By making such a distinction, the over-simplification of civil liability is passed and it must be noted that very few words are said in court judgements on the substance of dommage moral and even on dommage moral itself. The dominant discourse essentially bears on the difficult determination of the quota of damages to compensate préjudice extrapatrimonial. If dommage moral and préjudice extrapatrimonial were not confused and employed by jurists with apparent coherence, a synthesis of the heads of préjudice extrapatrimonial, as contemplated at the beginning, would perhaps be possible.
Fané, Mountaga. "Responsabilité civile en cas de diffamation sur Internet : étude comparative entre les systèmes québécois et français." Thèse, 2019. http://hdl.handle.net/1866/22784.
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