Dissertations / Theses on the topic 'Droit administratif des biens'
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Abdelfattah, Eddahbi. "Les biens publics en droit administratif marocain." Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D009.
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 textMalwé, 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
Thebault, Déborah. "Les biens publics en droit anglais." Thesis, Université Paris Cité, 2019. http://www.theses.fr/2019UNIP5034.
Full textAgainst the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law. This is inaccurate. This thesis aims to demonstrate the existence of a substantive public law in the English legal system. It does so by identifying a number of public assets. Substantive public law should be distinguished from judicial review, which is not substantive but procedural public law. The substance of English public law lies in a multitude of rules that deviate from the rest of the legal system. These rules are found not only in common law and equity, but also in statute and in delegated legislation. From the analysis of these derogative rules, it appears that public assets enjoy privileged legal treatment. This is triggered either by the "publicness" of the asset, such as the Crown or the public itself, or by the pursuit of the public interest, regardless of the public nature of the owner. My research reveals two sets of substantive public law rules applying to public assets. The first comprise adverse possession when applied to Crown lands and town or village greens. The second set encompasses charities, and assets owned by privatised services
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
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
Caylet, Sylvain. "L’ouvrage externalisé : contribution à l’étude du droit des biens impliqués dans le commerce juridique des personnes publiques." Electronic Thesis or Diss., 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
Mpessa, 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
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
Al-Najjar, Abdul Karim. "Le régime administratif et juridique des biens des entreprises nationalisées : étude de droit comparé : France, Irak, Libye, Algérie, Egypte." Rennes 1, 1990. http://www.theses.fr/1990REN11019.
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 textDelavaquerie, 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
Alliez, Quentin. "L'après-contrat administratif." Electronic Thesis or Diss., Paris 1, 2020. http://www.theses.fr/2020PA01D050.
Full textThe study of the post-contract is that of a paradox, that of a contract which has ended but whose effects continue to be observed. Until now, the advertising doctrine has focused on the end of the contract and its consequences, and has not considered the period after the contract. It is to this shortcoming that the post-contract study proposes to respond. Post-contract is thus the period of time that succeeds the contract, during which the parties continue to maintain contractual relations. Through these relationships, it is the influence of the contract that continues despite its disappearance. The effects that persist after the contract, and therefore the influence that continues, depend both on the type of contract (market, concession, state-owned occupation, etc.) and on the cause of its end (normal, anticipated for reasons of general interest, for fault, lapse, force majeure, etc.). Nevertheless, the effects may fall into two categories depending on whether they relate to the subject matter of the contract or its means of performance. The effects gradually disappear, it is the realization of the post-contract. The post-contract fulfills a main function of closing the existing contractual relationship. A second function, less developed because of the procedural requirements that weigh on administrative contracts, is to organize the future of the activity carried out by the contract. By virtue of the continuity of the public service, the future is more that of the activity than of the existing contractual relationship. Limited period of time, the completion of the post-contract means the return to the freedom of the parties
Falgas, 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
Laisne, Yves. "La remotivation patrimoniale : ses origines et ses applications." Montpellier 1, 2003. http://www.theses.fr/2003MON10013.
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
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
Aguemon, Khaled. "Réflexion sur l'abus en droit des sociétés dans l'espace Ohada : contribution du droit français." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30038/document.
Full textFor decades, corporations have ceased to be legal accessory favorite of contractors in the exercise of their activity. The corporation is created by two or more persons who agree, by contract, to assign an activity assets in cash or in kind, to share in the profit or advantage of the savings that may result. This definition follows from Article 4 of the AUSCGIE which is transposition of Article 1832 of the Civil Code. AUSCGIE gathers all the legal standards that are intended to govern the establishment, activity and the end of the company. One of the most important partners prerogatives is to take part in social life, they can participate in the social life by directing the company or more reserved, by voting in the various assemblies. However, this law, like any law is open to abuse; abuse is unjustified or excessive use of something or power by its owner. From an impartial point of view with the other partners AUSCGIE codified in his texts sanctions against abuses in connection with the exercise of voting rights. However, abuse is not revealed only when the right to vote. Many abuses also reveal the direction and management of a company. Again, AUSCGIE provided texts and left it to the States Parties to introduce in their legislation laws against such abuses. The concept of abuse leads us to study the sources of sanction it in OHADA space
Babouin, Jean-François. "Le domaine foncier des communes de 1789 au début de la Troisième République : de la communauté rurale à la collectivité publique." Orléans, 2004. http://www.theses.fr/2004ORLE0007.
Full textLendrevie-Tournan, Isabelle. "Les transferts juridiques et juridictionnels en Égypte, l'héritage des années 1875-1949." Paris 1, 2008. http://www.theses.fr/2008PA010290.
Full textKeita, Kalil Aissata. "L'influence du droit administratif français sur le droit administratif guinéen." Thesis, Normandie, 2020. http://www.theses.fr/2020NORMR036.
Full textThe influence of French administrative law on Guinean administrative law results from the historic link marked by colonization between the two states. Thus at independence, the construction of Guinean administrative law will be based on the previous legal scheme even if the latter had been deemed unsuitable for the Guinean context. This is the case with the concepts of public service, administrative police, unilateral administrative acts, administrative contracts. This is also the case for the varieties of control to which administrative action is subject, such as litigation control through the various contentious appeals and administrative responsibility or non-judicial control through hierarchical control, administrative and financial control, political and institutional control. It is a question of returning to the primitive contradictions relating to the process of construction of Guinean administrative law based on the French legal experience. This Guinean administrative law, which is basically derived from French administrative law, faces difficulties in application in Guinean society. This raises the question of its effectiveness. It has obviously not been redesigned to be used for the development of the recipient company. It is bypassed sometimes diverted or even rejected due to its discrepancy with the local legal culture. It is misunderstood. He still struggles to acclimatize and take shape in Guinean society. Citizens have not yet appropriated because they ignore it. It is a question of returning to the contradictions resulting from the application of Guinean administrative law from the perspective of critiques of the law. Faced with these difficulties of application, it seems necessary to redefine Guinean administrative law taking into account the local legal culture
Suntapun, Chanit. "L'application du droit administratif français dans le droit administratif thaïlandais." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1037.
Full textFrench administrative law is one of the main models of administrative law in the world. In Thailand, the influence of French administrative law in the legal system was especially expressed from the reform of the country by King Chulalongkorn, Rama V, who reigned from 1868 to 1910 and during the 1932 Revolution; government of that time had restored the French legal concept. The Thai administrative organization is inspired by that of France at several levels: the central administration, the decentralized administration, local authorities and public institutions. In organization of administrative justice inspired by French models, the Constitution of 1997 provided for the establishment of administrative courts in the jurisdiction of dualistic system. By cons, administrative law in both countries is now quite different. Although the Thai administrative law is heavily influenced by that of France, the first was transmuted so that it is suitable in its own context, and the second has changed and evolved. So the Thai legal mimicry should not be a complete imitation of legislation and case law applied in France because of political differences, social and cultural. Anyway, Thailand still prefers to choose the French administrative law as “standard model” to improve its administrative and legal system, compared to other legal systems in the world
Dellis, Georges. "Droit pénal et droit administratif : l'influence des principes du droit pénal sur le droit administratif répressif /." Paris : LGDJ, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/272694169.pdf.
Full textDellis, Georges Gaudemet Yves. "Droit pénal et droit administratif : l'influence des principes du droit pénal sur le droit administratif répressif /." Paris : LGDJ, 1997. http://catalogue.bnf.fr/ark:/12148/cb361746729.
Full textRayna, Thierry. "Les biens numériques comme biens publics durables." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32016.
Full textThe last decade has seen the advent and growth of two strongly linked phenomena which have led to important changes in the worldwide economy. The first is the development of the digital economy, based on the digitalisation of previously existing goods and on the development of new purely digital goods. The second is the development and generalisation of consumer piracy. The link between these two phenomena is clear, since nowadays consumer piracy is almost entirely related to digital goods. Since the issues of digital goods and piracy cannot be dissociated, this thesis has a dual objective. The first aim is to investigate the nature of digital goods and the impact of this nature on the economy. The second aim is to understand the cause of consumer piracy and the effect of piracy on the economy. It is shown that the digital nature of digital goods gives them the following economic characteristics: they are public goods, durable goods and experience goods. It is also be demonstrated that consumer piracy is a direct result of the public characteristic of digital goods and that, as such, piracy is also an economic characteristic of digital goods. The goal is, then, to analyse how the decisions of the economic agents – consumers, firms and governments – are affected by the different economic characteristics (including piracy) of digital goods and how these decisions may, in turn, change these characteristics
Staub, Materne. "L'indivisibilité en droit administratif /." Paris : L.G.D.J, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/324421818.pdf.
Full textFardet, Christophe. "L'homologation en droit administratif." Paris 2, 1996. http://www.theses.fr/1996PA020093.
Full textThe homologation which's a decision for control by the public authority, is defined as "the acknowledgement by the publi c authority". Because of its notion, its standard and its object, the control of the homologation is neither hierarchica l nor does it come from tutelage. It is sui generis. The homologation has now to be distinguished from approbation, consent, and authorization. On the other hand, the homologation is similar in a lot of points, to the acknowledgement. The homologation can then be considered as the first step for acts of control for public law. In fact, the existing organization of the homologation does not allow any fundamental exception. The intrinsic effects of the homologation are the following : the object of homologation is inchangeable and applicable
Jennequin, Anne. "L’implicite en droit administratif." Lille 2, 2007. http://www.theses.fr/2007LIL20006.
Full textThe implicit in administrative law has allowed us to go beyond the apparent diversity of its uses, and to systematize it. The implicit is the result of the necessary implication method, which consists in confronting the manifestation of will to its context, in order to deduce the actions or norms which, although they are not expressed, will consequently, and inescapably, follow. According to this method, the implicit action or norm are considered, not as the expression of the perpetrator’s true will, but rather as a rational reconstruction à posteriori, of the will. It appears clearly to us that an absolute logic is at work behind such a method : the action or norm exist only because of their necessity, which makes them legally perfect , and any later intervention of an express manifestation of will on the same object, surperfluous. The implementation of necessary implication must therefore remain strictly controlled, so as to prevent our legal system from becoming excessively dense and avoid any improper elimination of an express manifestation of will
Eckert, Gabriel. "Droit administratif et commercialité." Université Robert Schuman (Strasbourg) (1971-2008), 1994. http://www.theses.fr/1995STR30001.
Full textAdministrative law is more and more frequently connected with commercial activities. This relationship strongly marked by a tendancy to make commonplace the legal system of the public authority's interventions on economic matters. This implies either a reduction of the field of administrative law or a modification of its content. Regarding commercial activities directly or indirectly provided by the state's representatives, the enforcement of commercial law depends traditionnally on the choice of managing these activities, that is to say, the will of public authority. This subjective notion of commercial law gives public authority special privilege. But on the initiative of public law especially of the more recent fields of commercial law, the latter tends to implement objectively, according to the nature itself of the activity in question. The result of strengthening the principal of equality of treatment between public and private actors leads to reduce the field of administrative law. Regarding the activities of ordinary shopowners, administrative law traditionnaly places them in a precarious situation, while accepting the technics of bussiness relationships which seem to be more adapted to the action of the state's representatives. However to reassert the role of commercial activities in terms of social benefits tends more and more the requirements of bussiness life, particulary when a firm is in difficulty. This results in a transformation of administrative law content in relation with commercial activities. Such a setback in administrative law makes it necessary to question the destiny of the state
Staub, Materne. "L'indivisibilité en droit administratif." Paris 2, 1994. http://www.theses.fr/1994PA020124.
Full textThe indivisibility is a legal notion which has a judicial origin and appears as a link between two or more elements; those elements which are inevitably interdependent cannot be separated without affecting the satisfactory progress of the administrative proceedings and even the hamonious exercise of the judicial missions. This relation is used for diverse reasons whose finality is to be found in the common idea to insure the unity of the legal subject which is studied. But, beyond the tangible aim which is to contibute to a better clarification of the legal situations with which it is concerned, the indivisibility penetrates to the core of the office of the judge ; this is more particularly true in the context of the judicial review where it tends not only to reach important procedural results, but also and more fundamentally to offer the judge a means by which he can let his favourite litigant, the administration, have a glimpse of his notion of the relation which he considers he is in a position to have with it at a particular level, i. E. The immutable and changing level of dialectics between the growth of his powers, growth which the administrative judge is always hoping for and the subjection of the administrative authority to the manifestations of this office, subjection which is not always accepted. In others words, the indivisibility operates as a regulating factor of the judicial function in its institutional dimension
Li, Yingyi. "Des Prérogatives de contrat administratif : comparaisons entre droit chinois et droit français, entre droit administratif et droit contractuel." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020032.
Full textThe theory of prerogatives of administrative contract transplanted from the French administrative law has triggered such a longtime debate in the judicial community that a unified national legislation has been absent even today. Actually, in the French administrative law, composed mainly by Case Law in this domain, there is not only a series of conditions to enforce each prerogative, but also a protective mechanism to keep a financial balance of contract for the final justice. However, based on a preference to the Power rooted from the legal traditions and the political regime of China, combined with certain contemporary facts, Chinese researchers have partially highlighted the former but ignored the latter, leading to the failure of this legal transplant. Actually, as a type of administrative power, the prerogative should not be considered into the proper system of contract composed by the conventional rights and obligations, but refers to the legal authority of administration that should be controlled by the legal responsibility. In addition, it could be considered as the breach of contract too, so that the administrator should take the contractual responsibility based on the Theory of no-fault, on the Relativity of contract and on the Force effect of contract; thus the administrative responsibility hereof could be assumed for the breach of contract, for the quasi-tort out of contract and for the illegality. No matter which pattern would be followed by the future legislation in China, an independent and influential judicial system should be the final protection of all legal systems including the administrative contract
Dellis, Georges. "Droit pénal et droit administratif : l'influence des principes et des techniques du droit répressif sur le droit administratif." Paris 2, 1994. http://www.theses.fr/1994PA020066.
Full textDue to the fact that the administrative repressive powers have been constantly strengthened, public administration cannot any more by ruled exclusively by classic administrative law. A number of principles, traditionally located merely on a criminal context, are also being used in administrative affairs. Therefore, criminal law exerts an influence on administrative law, which is worth a thorough examination. The first chapter deals with the drawing of the frontiers separating the "administrative" from the "criminal". The analysis of the distinctive criteria concerning administrative and criminal infractions and punishments permits to define the reasons of the influence exerted by criminal law. The second chapter responds to the necessity of locating the sphere of this influence. It results from our analysis that this influence concerns only the administrative repressive law. In the third chapter, we proceed to a concrete analysis of the criminal principles and techniques transferred to administrative law, such as nullum crimen nulla poena sine lege, non bis in idem, proportionnality, retroactivity in mitius, rights of defence, in dubio pro reo, etc. The recourse of public authorities to the techniques of investigation and transaction is finally examined
Simler, Christel. "Droit d'auteur et droit commun des biens." Université Robert Schuman (Strasbourg) (1971-2008), 2008. http://www.theses.fr/2008STR30025.
Full textTraditionally, ownership and possession are presented as being reserved for tangible things. Real rights are in limited number. A thing is not supposed to be the object of simultaneous appropriations. A study on authors and property laws allows to deny these assertions. The rights confered by the Intellectual Property Code upon the author of a work are the attributes of the property such as defined in the article 544 of the Civil Code. This property, as any property, manifested itself by its possession, possession which has probation effects and acquisition effects of rights. The property right of the author is capable of multiple divisions. The work may be subject of simultaneous appropriations. A work is a thing object of ownership such as defined in the Code civil. Therefore, some rules of property law are applicable and can complete the special law. However, the application of property law should not be systematic. Some rules of the special law or the immateriality of the work justifie that article of the Civil Code can not be applied
Meyssirel, Clément. "La réserve de propriété de l'Etat." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0052.
Full textThe relations between the state and property are characterized by prerogatives attributed to the State, whose legal qualification has remained indeterminate until now. Although these intimate relations have constantly questioned and are still questioning, calling a variety of theories (eminent domain, universal property, superior right of disposition), there is however an unnoticed concept which clarifies them. This dissertation proposes to shed light on this legal unnoticed, and to give voice to this unnamed, which can qualify the state’s rights as regards property and its own property right. To do so, it firstly leans on the positive legal system of property and the prerogatives of the state it establishes, to observe their variety and the conceptual embarrassment they cause. If the eminent property of the state has been the latest attempt to qualify such state prerogatives, the adopted genealogical approach reveals a more effective concept. By looking for the historical and legal roots of the state prerogatives regarding property, we discover an appropriate one, always skimmed but never embraced – the reserve property of the state. Opting for this qualification firstly allows to understand the relations between the state and private property. It proposes a proprietary foundation for the various prerogatives that the state practices over it. But it has become clear that this new qualification also clarifies the relations between the state and public property. As a result, this dissertation attempts to show the state as the holder of a reserve of property that both organizes private property and distributes public property
Sirinelli, Jean. "Les transformations du droit administratif par le droit communautaire : une contribution à l'étude du droit administratif européen." Paris 2, 2009. http://www.theses.fr/2009PA020073.
Full textPapandreou-Deterville, Marie-France. "Le droit anglais des biens /." Paris : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/388931191.pdf.
Full textGillot, Amélie. "La compétence en droit administratif." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010285.
Full textThe term « jurisdiction » is commonly used in administrative law. However, even though we may find several records on the jurisdiction allocation matter, the competence issue itself is not often treated. The purpose of this thesis is to highlight the interaction between jurisdiction and administrative Jaw. The first part analyzes its original influence over administrative law, by defining jurisdiction and how it's related to power, jurisdiction allocation, capacity, knowhow, sovereignty, institutionalization, ownership, public authority prerogatives, objectivity and empowerment. As a « will power framed by the law », the jurisdiction has two inseparable facets, which are the power to act and the determination of the material scope, thus building the outline of administrative law. The second part of the thesis is devoted to the interplay of administrative law and jurisdiction, analyzing jurisdiction within the mutations of this branch of law. Changes in the relationship between the State and local governments, the debate opposing the general competence clause and specialization, the development of contracting, the emergence of dynamic jurisdiction allocation techniques such as delegation, experimentation or subsidiarity, as well as the debate on effectiveness and flexibility allow to renew the jurisdiction approach. The close relationship between administrative law and jurisdiction is thus put into the spotligh.t, showing the major interlocking that binds them and allows the conclusion that administrative law is the law of jurisdiction
Carpi-Petit, Servane. "Les successions en droit administratif /." Rennes : Presses univ. de Rennes, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/520498496.pdf.
Full textWeiss, Jean-Pierre. "L'apparence en droit administratif français." Paris 2, 2009. http://www.theses.fr/2009PA020049.
Full textFrachon, Hugues. "Ecrire l'histoire du droit administratif." Paris 10, 2013. http://www.theses.fr/2013PA100091.
Full textStructured upon the link between administrative law, administrative courts and the administrative matter, the history of administrative law offers more than a mere account of past institutions: it is the embodiment of an ancient administrative law system, that reflects, through it progressive implementation across history, modern administrative law. Yet, careful study of dogmatic texts from 19th century reveals the weakness of this endeavour, which lies in its modern approach, when it comes to describe the science of "administrative matter" characterizing this era. Writing the history of administrative law's science however offers an explanation to the emergence of that modern conception. Based upon the model of Thomas Khun's scientific revolutions, this history sets dogmatic domination of Maurice Hauriou conception on ancient models, along with the rival conceptions of his time. It then depicts an era of normal science where the dominant conception – administrative law is the administration's law applied by judges of administrative courts – lives in the public services criteria. Contestation of this criteria turns into a paradigm crisis, when neither the public services criteria, nor the public authority one, could achieved a link between the definition of administrative law, administration and the jurisdiction of administrative courts. Within those weaknesses in the paradigm, the history of administrative law's science enables one to truly both understand the feeling of crisis felt by contemporary authors and the option offered by technical studies which knowingly ignores the lack of theory surrounding the academic field
Arsac, Rodolphe. "L'autorisation : étude de droit administratif." Grenoble 2, 2005. http://www.theses.fr/2005GRE21034.
Full textBelrhali, Hafida. "Les coauteurs en droit administratif." Grenoble 2, 2001. http://www.theses.fr/2001GRE21024.
Full textBoisliveau, Pascal. "L'arbitrage et le droit administratif." Nantes, 2014. http://www.theses.fr/2014NANT4002.
Full textGremaud, William. "La régularisation en droit administratif." Thesis, Paris 2, 2019. http://scd-rproxy.u-strasbg.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D236%26selfsize%3D1.
Full textRegularisation is an former technique in French administrative law. At first confined as an administrative practice, which could only concern factual situations arising from the execution of public decisions, regularisation has known a considerable growth over the last two decades. The techniques by which decisions, norms and factual situations are getting rid of their defects are nowadays numerous and diverse. Legal certainty, which is one of the most fundamental principle of contemporary law orders, has caused this evolution. It implies indeed that norms and situations should not be removed when their irregularity is caused by the unreasonable intricacy of law and when it is possible to reform it. The expansion of regularisation techniques, especially during the trial, concerns multiple areas of administrative action –e.g. planning and environmental policies, public contract, public building, subsidy, debt collection, personal data. However, regularisation remains an heterogeneous phenomenon, adapted to the necessities of the public action. This study consists of a comparative analysis of the rules to which each regularisation technique is subjected. It aims to identify whether regularisation has a unique legal regime in French administrative law
Jurvilliers-Zuccaro, Elisabeth. "Le tiers en droit administratif." Thesis, Nancy 2, 2010. http://www.theses.fr/2010NAN20003/document.
Full textEven if the concept of third party is well defined in civil law, it is not the same in administrative law. There is no single consensual definition but actually several. Indeed, these particular concepts are scattered, diverse, imprecise and prevent any comprehensive definition section. However, these various concepts provide guidance for identification of the third party administrative law. The third party concept is based on a basic assumption: the third party is a person external to a group or a situation. The analysis of administrative law reveals that the third party is a concept whose function is to allow a regulation, by the administrative judge, to access his courtroom. The third party is therefore a functional concept supplemented by criteria of determination. Compiling these criteria leads to develop a protocol for determination embodied by the demonstration of a legal situation which generates bonds : a ring generator. This generating circle is composed of a core of legal relationships and of active subjects bound to it indicates the proximity of identified third party to the core. They are depicted in concentric layers distant from the core depending on the degree of their relationships with that specific law. The implementation of this protocol induces the establishment of a “third party” scale composed of two heterogeneous categories: the pure and the interested third party. This scale characterizes the functional concept of third party: positive or negative regulation of access to the courtroom of the judge. This regulation implies that the judge stats differently on contentious actions whether they can incurred by pure or interested third party
Belrhali, Hafida. "Les coauteurs en droit administratif /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39023986s.
Full textGiraud, Camille. "La chance en droit administratif." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1008.
Full textChance is an heterogeneous notion in administrative law. The manifestations of its different meanings are indeed quite abundant in the sense that the coincidences, the probabilities and the risk that chance refers to are full of tangible applications. Their effects are equally, and unsurprisingly, very varied which means that the permeability of administrative law towards them is quite unique, depending on whether they are considered to be beneficial or adverse. So, probabilities illustrate how chance can be a useful tool for the administrative judge when pronouncing a judgment, whereas coincidences and risk both reflect back on the occurrence of events or unpredictable phenomenons which one would aim to avoid. Inspite of all the subtleties deployed by chance in administrative law, it nevertheless seems to be a notion, the unity of which appears to be at the study stage of its function. Chance is then a functional notion, the vocation of which is to be used more and more often by the administrative judge in order to improve the compensation awarded to citizens both from a qualitative and quantitative point of view
Van, Lang Agathe. "Juge judiciaire et droit administratif." Rennes 1, 1992. http://www.theses.fr/1992REN11015.
Full textThe enforcement of french administrative law by the judicial judge is a paradoxical phenomenon, because of the principle of separation between administrative and judicial authorities, which seems to establish french right's partition. However, an important judicial jurisprudence certifies the existence of this phenomenon. The present thesis registers the various cases of application, from their finality and fondation. Moreover, it compares administrative law, as it appears in judicial jurisprudence, with administrative law that administrative jude has made. The comparison shows that judicial judge usually enforces faithfully administrative law, but sometimes deforms it, or creates it. This phenomenon has great consequences : it proves that judicial judge applies genuine administrative law, which relativises the rule of relation between competency and applicable right; beside, it leads to the question of opportunity and perpetuity of jurisdictions'dualism
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource