Dissertations / Theses on the topic 'Droit bancaire'
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Mattout, Jean-Pierre. "Droit bancaire international." Paris 1, 1992. http://www.theses.fr/1992PA010280.
Full textThe bulk of the different works are oriented towards banking and financial law, and especially its international aspects. It is an attempt to systematize the main operations in the international banking field, from a legal stand point. Studies have been conducted of the applicable law to international banking operations, the financing operations (prefinancing, international discounting, supplier's credit, buyer's credit, international leasing, financing credit) the off-balance sheet operations (first demand guarantees, documentary credits, letters of indemnity). The other works have been devoted to certain peculiar aspects of the same topics or to other banking operations like swaps, netting, unit trusts or to international legal aspects of bankruptcy or agency agreements
Moaté, Michaël, and Michaël Moaté. "La création d'un droit bancaire islamique." Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00753035.
Full textEzzabdi, El Mokhtar. "La normalisation du droit bancaire marocain." Perpignan, 2011. http://www.theses.fr/2011PERP1047.
Full textMoaté, Michaël. "La création d'un droit bancaire islamique." Thesis, La Rochelle, 2011. http://www.theses.fr/2011LAROD027/document.
Full textThis thesis on "the creation of an Islamic banking law" provides a global perspective of this phenomenon. Looking upon history, economics and law, this essay plans to study these Islamic banking techniques in the socio-cultural context governing at their emergence particularly in terms of relations between the Occident and the Islamic Orient.First, based on the study of classical Islamic law, this work analyses the substratum that has allowed the development of Islamic banking by, on the one hand, the study of the major banking concepts and on the other hand, the evolution of the Muslim world as centuries go by. Then, the analysis turns to the legitimization of modern Islamic banking techniques by comparison with classical Islamic contracts. This leads this study to the various models of Islamic banks, in order to highlight the differences with regard to religious, political and economic issues, but also to show that today's perspective move towards their uniformity. The last part of the study seeks to explain the relationship between Islamic banking law and positive law in the countries where it is incorporated. Furthermore, in Occident, the analysis distinguishes France and the Common law countries whose history shows the influence on the legal systems of Muslim countries. In the Muslim world, Morocco and Saudi Arabia, two countries whose banking systems are respectively stemming from Civilian law and Common law, are subject to a specific study. The developments come to an end by the confrontation of norms and values raised by the introduction of Islamic banking techniques in the international financial system.All the analysis proposed in this study supports the theory of the difficulty faced by these banking techniques to find consistency between the desire to be part of the religious tradition of Islam and the pursuit of economic efficiency
Branco, Fernandes Yann. "L'emprunt en droit bancaire des sociétés." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10061.
Full textNowadays, the loan becomes particularly important in heritage activity of natural and legal persons, mostly thanks to the intervention of banks and financial institutions. In this regard, it is interesting to see how the banking law can change the perception of this mechanism and vice versa. If the law could enter the currency, quantitative expression of the money, he could take over the concept of borrowing? A priori, the answer must be negative despite the existence of related concepts: credit, loan, debt, debt. This study shows that the loan polymorphic concept can be defined as a voluntary global approach, planned and educated, necessarily related to the cyclical needs of companies that creates a financial liability resulting from the exemption and refundable credits Term which conditions are determined in advance. The idea of a dynamic global approach redefines the roles and responsibilities of stakeholders to the loan. This change of vision allows variation of the classic patterns of financing by the loan and thus offer a new vision reconciling the law and economics. The borrowing relationship is therefore a long history that binds the bank to the financial markets, credit to corporations, law and the economy: it is a way of funding. Not one time made, it will firstly demonstrate that the loan requires prior investigation and secondly, to show that the loan meets a cyclical approach to life through its corporate activity by means which can be implemented both in its investment in its exploitation
Abachi, Moncef. "La rémunération du crédit bancaire interne." Montpellier 1, 1986. http://www.theses.fr/1986MON10012.
Full textIn spite of heterogeneity of its constituent elements, the remuneration of internal bank credit must take the shape of a global and effective rate which express the cost of credit each time that this one is preliminary founded by writing. But professional custom allow banker to derogate from this obligation by inscribing credit in the account of client borrower. However, if the rule of tacit interest course is justified by the absence of gratuitous credit, it's at the same time source of incertitude and contentious because borrowers, especially particulars, are note suffciently informed of "banking tariff". Banker remuneration stands out by originality of its payment that coming off inscription in client account. Otherwise, it's submissive to usury threshold foregone by penal law of 28 december 1966. Generallt, bank rates reach limits authorized, but actual, bank practices in matter of interest calculation make the search of usury delicate. Today, specificity of determination and payment credit price reveals a remuneration which can't be gouverned by interest common law
Yreux, Thierry. "Crédit bancaire et liberté d'entreprendre." Rennes 1, 1987. http://www.theses.fr/1987REN11027.
Full textGarnier-Guillaumeau, Céline. "Le risque du prêteur : étude de droit bancaire." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40022.
Full textTchangai, Komlan. "Droit bancaire et développement économique de l'ouest africain." Poitiers, 1992. http://www.theses.fr/1992POIT3001.
Full textFor more than twenty years, the rules, the practices, the uses and the policies which have been governing banks and banking activities in WAMU's (west african monetary union) countries, assumed and worked as follow as economic development's instruments, pre-eminently. Today, it's difficult to say which effects are produced by banking law on west african enterprises. In its contribution to the economic development of the sub-area, this subject oflaws did not keep up its position and its promises. It played only an ambiguous fiddle. An analysis of mechanism of guarantees, of mobilization, of refinancing and of adjustement shows that banking law wants to support and to be in favour of financing of west African economic activities' development. But, the banking law, used in this countries, is constituting anso the origin of financing's obstacles for productive and profitable investment and a failure of west African banking system. So, it's necessary to renew it to promote, more efficiently
Moghames, Michel. "Recherches sur l'engagement bancaire autonome en droit français et en droit comparé." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32012.
Full textInternational trade has reached heights unforeseen in the past : the banks represent the nerve centres of contemporary society. Their intervention on the international market is of paramount importance; representiny an appreciable security for transactions because competition is strong and business partners often far away. Therefare autonomous banking commitments are weapons that cannot be parried; they are becoming a vital part of standard banking procedures. The attraction of these commitments is that they are of this day and age. Though financial exchange dates back to roman law, dowmentary credit, credit cards and independent guarantees are for different. They are autonomous. Their execution does not depend on the execution of the main contract, they must in all cases be handled without obvious fraud or misuse in law. They are abstract, but momentarity detached from their cause until the contract is carried out. This abstraction is more or less controvered according to country, german law is favourable, whereas latin law contests this abstraction. If the guarantee is called up, the garnishee order, the emergency interim proceedinys and the receining order are often defended, so as not to immobilize the automatic nature of these commitments. Only downright fraud and breach of trost legal are exceptions
Gue, François. "L'influence du droit de la concurrence sur le droit et l'économie bancaire." Thesis, Paris Est, 2013. http://www.theses.fr/2013PEST0092.
Full textWith the financial crisis that erupted in 2007, repeated financial scandals, the difficulties currently faced by banks are all elements that encourage both european and national competition authorities to pay closer attention to the sector. These concerns reflect the reading of the economic, legal and regulation of Competition in the banking sector. When, where European institutions like the various Member States are trying to find a way to stop the effects of the crisis. Competition is at the heart of the debate. The search for a balance between Competition and economic stability is indispensable. From the perspective of accelerating the process of European financial integration, are recurring themes. Competitiveness of banks, banking regulations, structural reforms of the banking sector.The followed objective by the thesis analysis is to demonstrate the importance for banks to fully understand the various aspects of Competition. Including such periods of financial turmoil, the Competition appears as the most effective tool to give the banking sector means and adequate framework for its development. Competition allows detecting both economic and social challenges facing the banking sector
Moghames, Michel. "Recherches sur l'engagement bancaire autonome en droit français et en droit comparé." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376080996.
Full textBernou, Nacer. "Eléments d'économie bancaire : activité, théorie et réglementation." Lyon 2, 2005. http://theses.univ-lyon2.fr/documents/lyon2/2005/bernou_n.
Full textAlavi, Alexandre. "Le secret bancaire. Etude de droit comparé (France-Suisse)." Thesis, Paris Est, 2017. http://www.theses.fr/2017PESC0047.
Full textWhile Swiss banking secrecy is regularly the subject of virulent criticism and attacks on the international political scene, it is necessary to note the extent of each crisis. Accused of facilitating money laundering, tax evasion and financing of terrorism, international pressures from both foreign countries (the United States, France, etc.) and international bodies (the Cooperation Organization And Economic Development-OECD, the Financial Action Task Force-FATF, etc.). Led the Swiss authorities to frame banking secrecy by multiplying the attacks on this secrecy. This has the effect of considerably weakening the scope of Swiss banking secrecy. Indeed, even a few years ago it was possible to say that there are real differences between the French and Swiss banking secrets in that Swiss banking secrecy was perceived as a wider banking secrecy than Banking secrecy, this situation now seems to be over. Since the recognition of Swiss banking secrecy at the legislative level, the legal basis for this secrecy has changed very little, but the many limitations that have been brought to the secrecy over time have largely contributed to its Its substance and to weaken its scope, so much so that it is now possible to affirm a real convergence between French and Swiss banking secrets
Abdelhamid, Reda. "Le secret bancaire : étude de droit comparé France-Égypte." Rennes 1, 1989. http://www.theses.fr/1989REN11004.
Full textGaspard, Roger. "La reconnaissance mutuelle en droit bancaire et financier européen." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020083.
Full textThe principle of mutual recognition is fundamental to European law whereby it stands for the equivalence of the regulations of member States of the European Union. In banking and financial law, the principle of mutual recognition is exemplified in two different applications. The first aims at eliminating duplicative regulations and is used by national and European courts in reliance on European Union primary law. It classifies any regulation of a host state that overlaps with a regulation of a home state that has already been applied to a certain matter as a restriction to a European freedom of movement. The second application is the financial passport, which was set forth by European lawmakers in various directives and regulations. The passport allocates regulatory powers among European member states and gives primary jurisdiction to the home member state within a harmonized field. This thesis describes and analyzes each of these applications which are crucial to the practice of business law. Overall, it calls for a reflection on the different methods of integrating financial markets
Harouna, Ibrahim. "Réflexions sur l'encadrement juridique de l'activité bancaire au Niger." Orléans, 2005. http://www.theses.fr/2005ORLE0001.
Full textMeddeb, Mounir. "L'application du droit communautaire de la concurrence au secteur bancaire." Toulouse 1, 2003. http://www.theses.fr/2003TOU10013.
Full textBanking sector specificities have been given a double answer within the scope of European competition law. Indeed, some of those specificities are recognized and consecrated, for instance as regards banking services of general economic interest, cross-border payment systems, or merger control. This taking into account can occur as soon as rules are enacted, but happens essentially during their enforcement. Nevertheless the principle remains a uniform enforcement of European competition rules, that is to say without any adaptation work. Agreements and state are some good examples of this idea. Even though this uniform application can be explained by competition law and policy's reasons on one hand, and by some European policies on the other hand, it appears necessary for the Commision to clear its position up and to go beyond this ambivalence. In this purpose, the whole banking sector specificities will have to be taken into consideration when they influence the application of competition law
Capoen, Anne-Laure. "La responsabilité bancaire à l'égard des entreprises en difficulté." Toulouse 1, 2008. http://www.biu-toulouse.fr/uss/scd/theses/fiches-pdf/capoen-a-l/index.htm.
Full textArticle L 650-1 of the Commercial Code, created by the French Insolvency law of July 26th 2005 (Loi de sauvegarde des entreprises), limits the creditor's liability in tort : he is no more liable for the damages suffered because of credits granted to companies in difficulty. If the legitimity of the measure has been disputed, it answers nevertheless to a general interest objective : promote supply of loans. Tort damage actions are admissible in three cases : fraud, characterized interference with the management of the debtor, or the obtention of disproportionate guarantees on the credits, which constitute the only three admissibility cases of excessive financial backing actions. From now on, creditors take advantage of this immunity. Reasons of lapse of this immunity aim at moralize business law. But these limits to liability in tort do not concern the other cases of creditor's liability. He remains liable for damages in case of improper breach of loan contract, in case of no respect of his duties towards no informed borrowers, or when he is the manager-in-fact of the company in difficulty. Lastly, providing ruinously expensive ways to avoid or delay opening insolvency procedure, involves creditor's criminal responsability, as he is considered as accomplice. Moreover, consequences of the liability have deterrent effects, especially nullity of guarantees. So, this limitation of liability gives opportunity for creditors to invest more in corporate financing ; nevertheless this opportunity has to be taken, without lapsing into excess
Bonzom, Alexis. "La règle "know your customer" en droit bancaire et financier." Paris 1, 2011. http://www.theses.fr/2011PA010320.
Full textLasserre, Capdeville Jérôme. "Le secret bancaire : étude de droit comparé (France, Suisse, Luxembourg)." Pau, 2004. http://www.theses.fr/2004PAUU2003.
Full textBank's secrecy wouldn't offer, as regards to doctrine, the same degree of protection in France, Switzerland and Luxembourg. It's nevertheless advisable to prove that these distinctions tend nowadays to come considerably to very little. This standardization is first of all ascertained through the sources and contents of the principle. As a matter of fact, a study of these three banks' secrecies enables to point out their common sources, of civil as well as penal nature, their comparable enforcement's scope, as well as for people concerned by the principle as for everything relevant to its matter, and at last, likenesses of sanctions brought upon the banker who would be likely to fail to meet his obligation. This trend of convergence can, likewise, be noted through the scope of bank's secrecy, this one fitted to be lifted, as well on behalf of private interests, other than the preservation of public interest. A point of divergence becomes nonetheless apparent as far as the principle's opposability to the taxation authorities is concerned. It seems yet that this difference is doomed to disappear. We can, so, reasonably think that this convergence's trend between the banks' secrecies, matter of investigation, isn't over
Lasserre, Capdeville Jérôme. "Le secret bancaire : étude de droit comparé : France, Suisse, Luxembourg /." Aix-en-Provence : Presses universitaires d'Aix-en-Provence, PUAM, 2006. http://catalogue.bnf.fr/ark:/12148/cb40151432n.
Full textCirre, Françoise. "Les fraudes à la carte bancaire." Montpellier 1, 2008. http://www.theses.fr/2008MON10029.
Full textTourny, Eve. "La lutte contre la criminalité informatique bancaire : approches de droit comparé et de droit international." Nice, 2011. http://www.theses.fr/2011NICE0014.
Full textNjaboum, Jessica-Joyce. "La réglementation bancaire des pays de la Communauté économique et monétaire de l’Afrique centrale (CEMAC) : essai de contribution pour un système bancaire optimal." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100180.
Full textCEMAC State members have recently experienced a strong economic growth. However, their relatively high rate of population growth is driving them to accelerate their GDP in order to create enough jobs, especially for the youth. This thesis is based on the premise that a banking system is key to financing growth. The goal is therefore to determine the keys to sustainable economic growth in this particular region. The improvement of banking governance, the strengthening of banks involvement in the financing of the economic zone, the supervision and control of banks activity and the compliance with its standards regulation is necessary to avoid systemic risks and to preserve the security of the depositors which ultimately guarantees the banking and economic stability of a State and enhances its growth. Despite a low rate of bancarization and active microfinance, the sub regional banking system is looking for a legal framework that will enable it to meet the challenge of financing development through banking inclusion and bancarization. In order for it to happen, we must consider the role of the BEAC in pursuing these objectives and the obsolescence of the banking monopoly in the CEMAC zone
Nachar, Georges. "Le rôle du Législateur dans l'essor bancaire au Liban." Tours, 1989. http://www.theses.fr/1989TOUR1002.
Full textThe main feature that characterizes the banking legislation in lebanon is the conciliation of two principles of general interest, both equally fundamental : the freedom in banking activities so as to maintain the influx of foreign capital and the protection of this activity through control and supervision mesures under state control. This flexible legislation maintained the development of banking business up to 1981. Since then this branch has come up against major problems on account of increasingly serious events. In order to reestablish the strength of the banking branch and its part within the balanced and accelerated boost of lebanese economy, the legislator is bound to organize and to strengthen its protection at the same time
Bonnigal, Agathe. "Compliance et soft law en matière bancaire et financière." Thesis, Nantes, 2021. http://www.theses.fr/2021NANT3002.
Full textThe soft law norms, rules or principles defined as non-binding acts emanating from public authorities as well as private actors, allow us to understand what is commonly called in French law the droit souple.Traditionnally excluded from the panoply of formal sources of law, soft law norms are most often relegated to the rank of sources born of practice. However, in view of the numerous legal effects they produce and the variety of their manifestations, it is reasonable to think that the soft law norms from which compliance originates have real usefulness in regulating banking and financing activity. The relevance of using soft law as a tool for designing compliance and regulation in the banking and financial sector will thus be the subject of our reflection in the first part of that thesis. After demonstrating the diversification of sources in the normative framework of banking and financial activities, we will analyze the history of regulation. In this respect, we will examine the integration of soft law into the internal legal system. We will then extend our reflection by looking more closely at the practice of compliance, which conceals a complex normative arsenal and ethical obligations aimed at protecting banking and financial institutions against any risk of non-compliance. Therefore, we will attempt to measure the effectiveness of the normative system of regulation in defending private interests but also national issues and determine the progress still to be made to combat its shortcomings. To do this, we will focus in the second part of that thesis on compliance as an expression of the normative densification of soft law in banking and finance
Beaurez, Patricia. "L'activité bancaire à l'épreuve de la notion de service public." Clermont-Ferrand 1, 2003. http://www.theses.fr/2003CLF10261.
Full textThe law regarding banking status contains elements of public law, even though most of the banking sector belongs to the private sector. These elements may include a highly controversial aspect - that of public service, the idea of public service lying in the execution of certain bank transactions. The community notion of a service of general economic interest or that of a universal service, often presented as a basic service, aims to ensure the "guarantee of a minimum public service defined at a certain level of quality for every user at an affordable price". In banking terms, this purpose of a universal service means, in fact, access to basic banking services
Boughlam, Fatiha. "Structures et organisation du système bancaire algérien." Paris 1, 1999. http://www.theses.fr/1999PA010301.
Full textZhou, Yuanzhi. "L'harmonisation des législations de l'insolvabilité bancaire : utopie ou nécessité ?" Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D010/document.
Full textThe systemic risk of the financial failure of the banking institutions has overturned profoundly the limits of the competence of the national legislations. Though the banking activities have the characteristics that serve the general interest, the great disparity between those jurisdictions creates the instability of the national and international markets. However, the major jurisdictions whichever the Europe, the UnitedStates or the China, have revealed overall convergence in preventing or resolving the risk of the bank failure, in a “lex argentariae” of a group of professionals that are homogeneous. The comparative analysis of those legislations that prevails the intervention of the administrative authority has clearly indicated the economic and financial needs, while the judges on bench, though of being subsidiary, continue to impose the solutions that has the authority erga omnes, and maintain their core functions, particularly the protection of the individual rights and freedoms. In order to surmount the utopia of a unified international legislation, the analogy of the solution has raised another important question, which is, the global coordination of the administrative and judicial intervention. These thoughts are confirmed by the evolution of the European Banking Union and of the activities of Chinese banks abroad
Hure, Etienne. "La mise en oeuvre de la liberté de prestation de services en matière bancaire." Paris 2, 2000. http://www.theses.fr/2000PA020040.
Full textLemrabott, Lewfah Mohamed Aly. "Étude du système bancaire mauritanien : aspects juridiques." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1053.
Full textThe mauritanian banking system played a major role in the development of the country. As a result, it was at the heart of the major financial and economic reforms initiated in Mauritania. A banking system which, although largely inspired by other systems (in particular the french system), will present specific features of its own. The approach chosen is both historical (dealing chronologically with the different stages of the development of the mauritanian banking system) and thematic (addressing the major aspects that will distinguish each stage). An approach that also emphasizes the important legal dimension of this development.This thesis will be devoted mainly to the presentation of the different components of the mauritanian banking system (classic banks, Islamic banks and foreign banks) and the various financial support structures for this banking system, (non-bank financial institutions, insurance companies and microcredit institutions). Also, the role of islamic finance in the mauritanian banking landscape and the dynamics of relations between public authorities and the institutions composing the mauritanian banking system will constitute another part of the present thesis at the heart of which, on the other hand, the assessment of the degree of compatibility of the mauritanian banking system with international standards
Benjamaa, Hicham. "Banques spécialisées et évolution de la réglementation bancaire au Maroc : contribution à l'histoire du droit bancaire marocain depuis l'Acte d'Algésiras de 1906." Perpignan, 2010. http://www.theses.fr/2010PERP1015.
Full textThe specialized banks are institutions which are distinguished from others by the exercise of one or more specific activities. It is this specificity that makes theme unique and gives them a special character, despite the diversity of their statutes. In Morocco, as in many countries, specialized banks have undergone significant changes. This is linked to changes in regulation and changes in the banking landscape, during the past few decades. Since the entry into force of the first Moroccan banking law in 1943, until the present day, the banking industry has changed profoundly. Thus, the specialized banks now operate in a deregulated environment, characterized by the end of the partitioning of banking structures and dominated by the principle of ''universal bank’’ granting the credit institutions the opportunity to exercise all activities and to provide their customers all goods and services that exist on the market. This explains why specialized banks are subject to the constraints of an environment increasingly competitive and constantly changing. Therefore they must make a huge effort for being in tune with the rules of the new banking landscape. This requires the implementation of new strategies, and also a renewal of their identities
Zhong, Hua. "La libéralisation du secteur bancaire en Chine : Éléments d'analyse comparée avec l'Union européenne." Paris 1, 2012. http://www.theses.fr/2012PA010261.
Full textBettschart, Sébastien. "Virement en chaîne et assignation bancaire : droit suisse des obligations et contexte international /." Zurich : Ed. Schulthess, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/323771742.pdf.
Full textTsikas, Nicolas. "L'influence du traite de rome sur les etablissements de credit (l'exemple du systeme bancaire grec)." Paris 1, 1986. http://www.theses.fr/1986PA010272.
Full textJanson, Nathalie. "La demande optimale de capitaux propres de la firme bancaire et l'impact des autorités monétaires et bancaires : comparaison des cas américain et français 1920-87." Paris 1, 2000. http://www.theses.fr/2000PA010033.
Full textNemadeu, Djuitchoko Eric Bertrand. "Le traitement du contentieux bancaire." Phd thesis, Université Jean Monnet - Saint-Etienne, 2011. http://tel.archives-ouvertes.fr/tel-00700056.
Full textBernardi, Yanick. "Réglementation bancaire, évaluation des risques de marché et approche value at risk." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32020.
Full textConsidering the acknowledgement of the "Value at Risk" methods, as well by the experts as well by the authorities, the thesis proposes to study the regulation of market risk focusing particularly on he following questions : -Why and how regulate banks risk takin on the financial markets ? - Is a capital constraint, based on "Value at Risk" approach, efficient, from a theoretical point of view, to limit the financial institutions risk taking ? - Considering the various possible solutions, is there a traditional Value at Risk evaluation method being more powerful in the French context ? A large review of literature on the "why" and "how" of the market risk regulation leads to the definition of a theoretical model analysing the influence of a capital constraint on banks behaviour about their portfolio composition. .
Ismaili, Idrissi Khalid. "Finance islamique : pour une sortie du champ bancaire?" Thesis, Perpignan, 2020. http://www.theses.fr/2020PERP0033.
Full textIslamic banks have emerged to form an alternative to conventional banks. They are subject to the precepts of Sharia which regulates the fundamental aspects of their operations. The principles of Sharia are articulated around the prohibition of interest and the speculative operations, the sharing of the risks and profits, and more generally advocate for equity and moral in the economy which gives the Islamic banks a mission quite different from the conventional peers. However, the reality of the practice of Islamic finance seems to be not synchronized with the principles and objectives it advocates to the point of questioning the real raison d'être of Islamic banks and the effectiveness of the moral it defends. This thesis seeks to analyze both the theoretical basis of Islamic finance as well as the distortions of the practice by Islamic banks to better understand this discrepancy, analyze its true causes and conclude on the degree of realism of the theory of Islamic finance in general
Bessedik, Abdelkader. "Les opérations de financement et d'investissement dans le droit musulman." Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-00986353.
Full textVabres, Régis. "Comitologie et services financiers : réflexions sur les sources européennes du droit bancaire et financier /." Paris : Dalloz, 2009. http://catalogue.bnf.fr/ark:/12148/cb414646574.
Full textLatapie, Laurent. "Le soutien bancaire d'une entreprise en difficulté après la loi du 26 juillet 2005." Nice, 2010. http://www.theses.fr/2010NICE0004.
Full textThe company safeguard law, adopted on the 26th of July 2005, has modified the legislation applicable to the company in trouble. The credit holders are now invited to provide the companies with more financial support. This law also defines the civil liability of the banks for improper support. This law pursues 2 principal purposes. First of all, it defines a juridical frame that incites bank groups to bring support to companies in trouble. The company safeguard law also provides a liability system clearly defined for improper support. Moreover, this law erects the release of liability conditions and comes in addition to the global safety law reform that has been engaged since the 1st of august 2003. Actually, the applicable legislation promotes the supporting creditor but also defines the determining factors leading to the potential civil liability of this creditor throughout three assumptions of proved and decisive faults: fraud, revealed intrusion and improper guarantee. Secondly, it provides means to the debtor that allow him to obtain the bank support in order to be protected by a safety plan when this debtor isn’t in a situation of stoppage of payment, or if so, in order to be protected by a recovery plan. However, most of these proceedings end up with compulsory liquidation. The chief executive, who has given very often his personal pledge, may then contest the global actual rate of the bank credit, its transfer, its conditions of guarantee or its distribution of capital rank. He also disposes of wider pleas to contest the bank letter of credit Finally the French legislation also allows the other creditors to sue the bank for improper support. Analysing bank liability leads to the following question: does the bank’s legal support system provide a helpful answer to bank establishment’s needs in order to incite them to financially support companies or does it on the contrary expose them to new liability risks? This reflexion mainly concerns the fundamental basis of the bank’s support to companies in trouble
Abdallah, Juliana. "L'apport de la pratique bancaire au droit du financement des entreprises : étude sur les crédits bancaires à court terme avec mobilisation de créances." Poitiers, 2007. http://www.theses.fr/2007POIT3013.
Full textThe banking practices have always tried to turn the French companies more competitive, on the European and the international levels, by proposing to them new ways of financing. The small and medium-sized companies often turn to short term credits guaranteed by their debts. It's what we call short term credit with mobilization of debts. The banking practices have softened the toughness of the traditional, oldest and most utilized technique : discounting, embraced by the comprehensible jurisprudence, except in case of transferring an electronic bill of exchange. Furthermore, it pushed the DAILLY assignment, model proposed by the legislator, towards some fields other than those mentioned by the law. Having not acquired complete satisfaction on a national level, the banking practices have adopted from other countries, especially from Germany and from the United States, some new more simple techniques, less costly and quicker. To elude the disgrace of the jurisprudence that controls the practices, the latter has established these new techniques on civil law principles. Therefore, the trust is based on the assignment of debts, the electronic bill of exchange is reduced to a recovering order and the factoring finds its base in subrogation
Constantinides, Yannis. "L'application du droit des sociétés aux établissements bancaires." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB144.
Full textIs French company law still regulating banks? This is the very question asked in this study. Following the emergence of banking law, it seems the influence of French company law has substantially decreased. Seeking to impose its ruling over companies pursuing a banking activity, the scope of banking law is clearly stepping over the one of company law dragging banks out of the scope of French company law. Moreover, in order to strengthen its influence over the latter, banking law has wisely chosen its vehicles. It is through the use of European legal instruments and its long-established primacy on national legal orders that banking law comes to challenge the very normative ground of company law. Attacked from the outside of the national legal system its status is also at risk within its own walls as the idea of a special legislation tailored for the banking sector has progressively arisen in the mind of the French legislator. In addition to this front assault, banking law is also using company law as a footstool on the way towards legal autonomy. Its dispositions are adapted to the particularity of the banking sector, rejected or welcome whether they are or not in contradiction with the ambitions of company law. Based on those evidence we would have imagined that the influence of French company law over banking structures was soon to vanish through the progressive eviction or adaptation of its provisions. Nevertheless, the process of legal emancipation is not going without weaknesses and company law has much more to offer than being used as a simple theoretical footstool on the way towards legal autonomy. In this perspective its influence over the regulation of banking structures can be restored using the concept of common law. Although there are evident grounds to support this claim, it is not enough to secure the future of company law and safe guards have to be imagined in that respect. It is through the development of a rule governing the articulation between special and common law based on the adage specialia generalibus derogant and the restriction of the influence of European and special sources of banking law that this goal can be reached
Jemali, Mouna. "Les établissements de paiement. Un nouvel acteur bancaire." Phd thesis, Université Nice Sophia Antipolis, 2014. http://tel.archives-ouvertes.fr/tel-00973466.
Full textBérard, Caroline. "La place de la structure juridique coopérative dans les stratégies du secteur bancaire français." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40023.
Full textGamdji, Mohamadou. "La protection du commerçant en cas de paiement par chèque : la sécurité du chèque." Clermont-Ferrand 1, 1995. http://www.theses.fr/1995CLF10151.
Full textThiam, Mballo. "De la religion à la banque : Contribution à l'étude d'un droit bancaire islamique en France." Thesis, Toulon, 2013. http://www.theses.fr/2013TOUL0077/document.
Full textThe economic crisis of 2008 shook the worldwide economy by leaving after-effects in various sectors, in particular in that of the bank where its operating process and its role of intermediation showed their limits. The practice of the interest and the placement of the mechanism of the speculation were at the origin of these contemporary crises. The first returned reports and work all were almost directed towards common problems, the ones propose an alternative finance with conventional finance and others plead for a more ethical finance. These suggested solutions recut with the principles of Islamic finance. The latter functions in accordance with the rules of the Islamic law: the prohibition of the riba, the speculation and the application of the principle of division of the profits and the losses, the alternate one of the riba in the Islamic system. So from an economic standpoint the integration of Islamic industry in the French financial system does not pose a concern such does not seem to be the case taking into consideration those and legal rule which controls the organization and the operation of the banks in France which governs the contract law. It is the interest for this reason, that is it is necessary to see whether the Islamic bank meets all the requirements to be set up with the row of a bank within the meaning of the provisions of the monetary and financial Code, in other words a requirement for an operation of credit and allowing by the same occasion to qualify an institution of bank? These interrogations are not limited only on the organisational level, they also extend on operation from this bank, because their legal mode and the qualification of the products used in these Islamic banks deserves a judicious examination in order to deduce the applicable duty in the event of dispute from it. Our thesis is harnessed to bring solutions to these interrogations or at least to try to find ways to facilitate the reception and the integration of these banks in France
Zaalani, Ahlam. "La métamorphose des principes traditionnels du droit bancaire sous l'influence des nouvelles missions du banquier." Thesis, Nice, 2016. http://www.theses.fr/2016NICE0014.
Full textThe national and international environment of the banking law requires the bank to adopt a new vision of its business and its missions. Nowadays, when the bank operates, considerations other than its private interest and the profitability of its business must now be considered. The banking and financial crisis of 2008 has greatly accelerated mutations in this direction, by imposing on the banker new missions related to moral, social and economic. These missions require the banker inevitably to abandon its commitment to the traditional benchmarks in the exercise of his profession. Through a number of illustrations, this thesis tends to measure the impact of these missions on traditional principles of banking law. The metamorphosis of these principles appears well advanced. Thus, the banker is in a delicate position between its old landmarks and its new missions. The increasing complexity of the matte is accented by text material inflation and the lack of overall vision, that makes it difficult to search new fundamental principles