Dissertations / Theses on the topic 'Droit civil – Codes'
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Benamrouche, Farida. "Le code civil dans les relations du travail." Saint-Etienne, 2002. http://www.theses.fr/2002STETT070.
Full textAccording to a conventional doctrine undoubtedly still dominant today, the labour law was said to be created to overcome the incapacity of the civil code to adequately govern employer/employee relations. According to some, the civil code would be behind certain troubles of labour law is suffering from and should be ruled out whenever possible. However, paradoxically, articles L. 121-1 and L. 120-2 allow for the participation of the civil code in putting working relations into order. In addition, this analysis of decisions law shows that far from being marginal, displays of civil code in such matters are both diverse and multiple. Indeed, as opposed to what one may have written and what article L. 121-1 of the labour code aimed at "common law" leads to believe, the provisions of the law of obligations are not the only ones at issue : book one dedicated to "persons" is also concerned (namely articles 7 and 9 of civil code). Finally, more theoretically speaking, although the labour law is undeniably endowed with rules and principles specific to it, it is not a self-sufficient (autonomous) law and, with regard to this, it does need to be backed by the civil code which acts as common law. However, although the contribution of the civil code is possible in this respect, most often this is because the "civilist" rules are subject to specific inflexions in terms of their application to working relations or accommodate purely praetorian exceptions. Studying the civil code game thus makes both the ambivalence of the relations this code maintains with the labour law and the reversibility of its techniques apparent. This facility of adaptation, evidence of which is shown in the provisions of the civil code, is rich in teaching on a theoretical level. On the one hand, it shows the text of the civil code does not necessarily correspond to rule of civil law and that is has an open texture. On the other hand, this distance between the text in view and the solution adopted in labour law with regard to this text is also an additional element to be added to the file of non-deontic and instrumental apprehension of the rule of law
Bouabdallah, Safia. "La réception du modèle français en droit civil belge : exemple d'un transfert de droit." Saint-Etienne, 2007. http://www.theses.fr/2007STETT104.
Full textDerobert, Germain. "Le code civil à travers l'art." Montpellier 1, 2005. http://www.theses.fr/2005MON10003.
Full textNadaud, Séverine. "Recherche sur le processus de codification européenne du droit civil." Limoges, 2007. https://aurore.unilim.fr/theses/nxfile/default/8c9427e5-40dd-42db-a4e0-0bb619894562/blobholder:0/2007LIMO1004.pdf.
Full textUnder the both influence of communitarization and fundamentalization of the national civil legislations, a real European civil law, common core of all the European Union member states, emerges. However, this European civil law, which is under construction, particularly lacks coherence and systematization. Community institutions suggested to codify the whole or parts of the civil matter. This option has aroused many doctrinal reactions, especially in France, doubts arising about the interest and the opportunity of such an undertaking. In fact, these doubts are fostered by the fear that national civil codes could disappear, cultural and legal diversities alike. Obviously, it can be explained by a narrow approach of codification. The will to elaborate and enact a European civil code requires to adapt the « code » and the « codification » to the European context. Thus, such a process will not result in uniformity. It should lead to open codification, respectful of the national differences. Consequently, the European civil code will provide a remedy for the incoherence and complexity of the European civil law
Niort, Jean-François. "Homo civilis, repères pour une histoire politique du code civil." Paris 1, 1995. http://www.theses.fr/1995PA010288.
Full textTrough three important periods of its history, put in political , ideological and juridical context : the time of its creation, its centenary and the second general review attempt (1945-1965), it had been tried to put on light the political dimension of french civil code and its interpretation, particulary among lawyers
Traullé, Julie. "L'éviction de l'article 1382 du Code civil en matière extracontractuelle." Paris 1, 2006. http://www.theses.fr/2006PA010268.
Full textJuneau, Matthieu. "La notion de droit commun en droit civil québécois." Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26391/26391.pdf.
Full textLorange, Stéphane. "Utopie et législation, 1804-1905." La Rochelle, 2000. http://www.theses.fr/2000LAROD006.
Full textTeissier-Ensminger, Anne. "Recréation de la forme, recréation de la norme : trois versifications du Code civil français au 19e siècle." Montpellier 1, 1986. http://www.theses.fr/1986MON10021.
Full textTorres-Ceyte, Jérémie. "Les contrats et les droits fondamentaux : perspective franco-québécoise." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1021.
Full textThe meeting of contract law with fundamental rights is at the center of numerous contemporary legal debates, notably with regard to the place of the religious in society, the commodification of the body, or respect for human dignity. This encounter has prodded a reflection from numerous jurists. The aim of this study is to bring a modest contribution to the discussion, through a comparison of French and Québec law. The exigencies of respect for fundamental rights is evolving in the two legal systems. Because fundamental rights instruments play a larger role in our laws, their authority in contractual matters is becoming ineludible. Indeed, it should be noted that fundamental rights have not reached their full extent in this field. They emerge within contracts, because from revisiting to re-writing, Québec and French contract law are increasingly influenced by the obligation to comply with fundamental rights.However, this evolution in France and in Quebec is accompanied by a requirement that fundamental rights be allowed social admission. From that point on, we can see power over fundamental rights being asserted within contacts, that power evolving from medical contracts to work contracts towards becoming inescapable for their enforcement. Yet, the danger inherent in such power over fundamental rights calls for serious deliberations on the limits that must be set upon it, both with regard to the dignity of the human person, and in relation to its legitimacy
Ciolino, Dorothée. "Le développement de la fonction acquisitive de l'article 2279 alinéa 1er du Code civil." Nancy 2, 2001. http://www.theses.fr/2001NAN20008.
Full textDrand, Céline. "Le système d'interprétation des conventions de droit privé du XVIe siècle au code civil de 1804." Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30011.
Full textThe ancient law' s interpretation system of contracts has been reported in the beginning of the XVIIe century by Francesco Mantica in a book titled " Vaticanae lucubrationes de tacitis et ' ambiguis conventionibus ". This method, based on analyses elaborated by medieval and humanist jurists, reconciles the two opposed interpretation models emanating from the roman law : the one of contracts of strict law and the one of good faith contracts. The will of parts is placed at the centre of the system. It is considered as the main' interpretation criterion that allows the judge notably to detach himself from the lettrer in case of contract ambiguousness. Moreover, the presumed will of contracting parties justifies the application of the other interpretation criteria. This system that makes appear the contract like an act governed by the will of parts has been received by the practice and authors of french law and exercised a notorious influence on authors of the " Code civil" of 1804
Descamps, Olivier. "Les origines de la responsabilité pour faute personnelle dans le code civil de 1804." Paris 2, 2001. http://www.theses.fr/2001PA020047.
Full textLasserre, Valérie. "La technique législative : étude sur les codes civils français et allemand." Paris 2, 2000. http://www.theses.fr/2000PA020058.
Full textXifaras, Mikhaïl. "Propriété et justice : Recherche sur les modes de conceptualisation de la propriété chez les commentateurs du Code Napoléon au XIXe siècle." Besançon, 2001. http://www.theses.fr/2001BESA1010.
Full textNguyen, Rémi. "Réflexion sur la codification du droit civil en Birmanie." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF001.
Full textFor long-time, Myanmar has experienced official and various codifications such as Dhammathats, Burma Code related to the Codification of Indian Common Law, compilations of law and case law. However, Myanmar Family law applied personal law and was excluded of any codification. Since the adoption of Myanmar Constitution 2008, Myanmar Parliament has jurisdiction to enact in this field of law. In the meantime, Contract law, Property law and Company law, included in Burma Code, are now obsolete with regard to local business practice. Thus, Myanmar is now seeking to modernize its law to ensure legal certainty and rule of law. Therefore, based on these purposes, codification of Myanmar civil law is timely and welcome. If the Political unity is the current priority for Myanmar people, codification such as Civil Code provides Legal unity leading to that objective. In this context, French Civil Code, figurehead in codification, will be a significant inspiration for the project development
Sénéchal, Juliette. "Recherches sur le contrat d'entreprise et la classification des contrats spéciaux." Lille 2, 2004. http://www.theses.fr/2004LIL20021.
Full textThe system of civil code's special contracts is faced with the original flaw : the "hiring of labor-contract for work by a job". Placed by mistake in the hiring of labor family contracts for which it doesn't own the common property - the disposal -, the contract for work by a job constitutes from the origin a heterogeneous and residual notion, without any real law system. Neither the judge nor the modern legislator have been able to fill the gap in, so that the contract for work by a job competes with the unnamed contracts' category and doesn't perform its function of services supplies's regulation. This difficulty has justified trying to give a new definition of the contract for work by a job in order to let it become a restrictive and homogeneous category with a complete law system. This proposal has required a new contracts' classification that modifies the limits of the sales contract and the contract for work by a job and also bases the last one on two characteristics : a performance of services conceived by the contractor according to specific need of the client ; a postponed services supplies compared to the date of the signing of the contract
Skoda, Diane. "La propriété dans le Code civil de la Fédération de Russie : un système entre deux traditions." Paris 2, 2005. http://buadistant.univ-angers.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%3D24.
Full textGunputh, Rajendra Parsad. "L'interprétation du code Napoléon par les juridictions mauriciennes." La Réunion, 2005. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/05_24_Gunputh.pdf.
Full textThis thesis demonstrates how the Napoleon Code is interpreted in a Commonwealth country where there is also a great resistance from the common law. Thought there is the interpretation General Clauses Act 1974, which is English inspired, most interpretation is nevertheless borrowed from the french doctrine and jurisprudence. Judgments from the famous Cour de cassation are constantly referred to. In fact, there is no proper autonomy or originality from judgments given by the Mauritian tribunals especially the Supreme Court. In fact, the Supreme Court still relies on the decisions of the Privy Council based in London. Mauritian law, however, innovate in certain vvay because the legislator has passed a certain number of reforms related to the law of successions. The three pillars of french civil law Family, Property and Obligations, are fully discussed to demonstrate the great similarities and differences between french and mauritian law. This can be achieved by reference to local jurisprudence and how the Supreme Court normally sticks to local statutes, the Napoleon Code and stare decisis or precedent cases in order to sum up with his ratio decidendi
Campels, Christian. "Existe-t-il un fonds agricole ?" Montpellier 1, 2003. http://www.theses.fr/2003MON10024.
Full textSakrani, Raja. "Sources doctrinales du code des obligations et des contrats tunisiens." Paris 2, 2003. http://www.theses.fr/2003PA020045.
Full textPrum, Rithy. "La place de la coutume en droit de la famille cambodgien : le couple." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30037/document.
Full textThis research aims to study the construction of the Cambodian Civil Law through the Civil Code of 2007. This Cambodian Civil Code has been the result of the combination between its own custom and Romano-Germanic Legal Systems.Through history of Cambodian legal system, we observe that the Cambodian Civilization has always been a traditionnal civilization. Khmer Tradition is the result of the mixture between two religions (Hinduism and Buddhism) and the belief of souls (Animism). To date, This tradition still exist and become a corenerstone of the Ancient Khmer Law.Regarding to the Camobodian Family Law, the Custom has always shown an important role as compared to the substantive law in Cambodian society, even after the Civil Code has taken effect in 2012. It’s necessary to analyze the role of Custom regarding the new positive law in the Family Law field, including torque training and particularly the management of goods and torque succesorale liquidation
Clement, Nicolas. "Contribution à la pensée juridique des sources d'obligation : Etude de doctrine à l'heure de la réforme du Code civil." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAA006.
Full textThe bicentenary of the french civil Code was the occasion for an assessment ; with the reform of the french civil Code it’s time to look ahead to the prospects. From that point of view, one of the major preoccupations should be the definition of the sources of obligations, which determines the implementation of the new law of obligations. This assertion can be surprising. It is often suggested that the reform mostly provides continuity and that there are no other notions as known as contract, quasi-contract, civil liability or commitment by unilateral will. Yet, how can we fail to see that this impression of an unwavering consistency could be an effect of the new provisions’ shadows ?This work aims to take advantage of the gap of the reform to come back to our doctrines. Unlike practitioner, who fears instability, theoretician is not afraid by the motions of the law, which provide him to consider their background. The study of the evolutions implied by the law of obligations’ reform, conducted through an historical and systematic lens, will thus reveal, at the level of each source and at the conjunction of all, significant upheavals which would probably require to think about the law of obligations differently that we used to do
Tessier, Philippe. "François Denis Tronchet, biographie intellectuelle d'un jurisconsulte en Révolution." Thesis, Lille 3, 2012. http://www.theses.fr/2012LIL30046.
Full textFrançois-Denis Tronchet, a Jurisconsult, played a crucial role in the interpretation of Law, but also in its writing, during the French Revolution. During this period of French history, some jurists refused to be only interpreters of the Past, and began to be true actors of History. François-Denis Tronchet took part in nearly all important events of the French Revolution : the Estates-General, the Tennis Court Oath, the Fourth of August and the abolition of feudal privileges, the writing of the Constitution of 1791, the flight of Louis XVI stopped at Varennes, the King's trial. He was a Member of Parliament (of the Conseil des Anciens) during the Directoire ; lastly, he was the president of the Tribunal de cassation during the Consulate and he presided the commission in charge of the redaction of the civil code. His thought was decisive in the transformation of French Law during the French Revolution. It is conveyed in its consultations, which are the main historical source of this dissertation. Today stored at the library of the Cour de cassation, they constitute an extraordinarysource, rarely used. However, these documents inspired the French civil code. Here, historians have a hand, at the same time, a lawyer's work, the consultations, and the result they partly inspired, the civil Code, that still inspires our present. Besides, between the source (the consultations) and its result (the Code) we have some documents about the political life of Tronchet (mainly parliamentary records). How is it so, that such a learned jurist, so influenced by ancient juridical traditions, played such a crucial role in the French revolution, becoming, during the redaction process of the Civil code, the architect of an absolutely new Law ? During the Ancien regime, the art of consultation gave him, by way of the intellectual freedom of interpretation, the ability of giving his own opinion, sometimes very creative, under the guise of apparently objective, and authoritative, form of the consultation. Therefore, he was intellectually prepared to the reorganization of Law brought about by the French Revolution. Besides, other factors explain his participation in the French Revolution. His belonging to opposition networks, close to Jansenism, during the Ancien Regime accounts for his itinerary. The influence, in parliamentary circles, of the celebration of the Roman Republic as well as the influence of stoic philosophy, conveyed through Cicero's writingd, which underlined the major importance of justice and natural Law, also partly account for his adhesion to the Revolution. These intellectual influences also explain his defence of Louis XVI during his trial. To conclude, he viewed the Revolution as a process of regeneration, a transformation of time present by a resurrection of the true principles of ancient Law
Giuglaris, Aude. "La puissance paternelle de la mère sur les enfants légitimes dans le Code civil (1804-1970)." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0032/document.
Full textThis study of a mother's parental power over children born in lawful wedlock from 1804 to 1970, traces the evolution of matriarchal authority and a mother's place within the family structure, pursuant to the Civil Code. Every kind of family situation is contemplated in order to highlight matriarchal authority in its different forms, whether the exercise of this power is common, subordinated, or direct, when the mother becomes the head of the family. Initial reasoning and subsequent developments thereto are explored within the context of an evolutionary historical process to examine a mother's parental power. Beyond the strictly legal field, certain correlative questions relating to the status of women, the emergence of feminism, wars and industrialisation, ultimately retrace the place of women within families and society. As a product of political, economic and social transformations, the law of June 4, 1970, came to enact facts that had been called for by society for a long time, namely, joint parental authority shared by both the father and the mother
Aktas, Arzu. "L'acquisition et la perte de la nationalité française : 1804-1927." Phd thesis, Université Paris-Est, 2011. http://tel.archives-ouvertes.fr/tel-00762429.
Full textScialom, Rémy. "La distinction lois politiques - lois civiles : 1748-1804." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32030.
Full textDesirous of clarifying a confused legal system and of resulting in human bliss, in L'Esprit des lois published in 1748, Montesquieu makes the distinction between political and civil laws. Identifying Civil law with Private law, he calls political law public and likens laws and law. To achieve his aim - the good of individuals and of society- the legal system must lean on public law since it comes from natural rights. Hence the primacy of political laws over civil laws. Given a rough handling by the critics, sometimes even disparaged, the distinction which was consolidated by the members of parliament, l'Ecole du droit naturel, and les Maximes du droit public français becomes the rule thanks to the philosophers of the Enlightenment. The notion of constitution, the politization of civil laws under the Revolution and the civil code reassert the primacy of political laws. Anticipating the relations between public law and private law which were established by the drafters of the civil code, the distinction between civil and political laws constitutes an intermediate stage in the setting of the important classifications of law. However, from the second half of the 19th century, the division line between political and civil laws, and between public and private laws becoming vaguer and vaguer its route has been in need of being drawn a new
Hashemi, Seyed Abdol Jabbar. "Analyse des liens entre l'action civile et l'action publique en droit iranien à la lumière de l'expérience française." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1025.
Full textCivil action may be brought, by the option of the victim, to the civil courts or to the criminal courts (art. 15 and 16 CPPI). Regardless of the victim’choice, important links are created between the civil action and the public action. these links reflect a certain dependence of the civil action for public one. The civil action brought to the criminal courts is mainly justified by the need to simplify and facilitate the procedure. This action is such an incident to the public action in its existence, its practice and its judgment.When the civil action is brought to the civil courts, links between these two actions are manifested in two complementary rules : the stay of proceedings and the authority of res judicata on the civil criminal (art. 227 CPCI and 18 CPPI). These complementary rules are justified by the need to avoid conflicting decision. Therefore, they force the civil court to await the decision of the criminal court, and then comply with this decision. This thesis is a study of all legal manifestations of the links between public action and civil action as they exist in the Iranian criminal law regarding to the French experience in the matter. This study proposes solutios to end the negative effects of these links, especially on the principle of authority of res judicata on criminal civil expressly provide by the article 18 of the new Iranian criminal proceeding law
Lendrevie-Tournan, Isabelle. "Les transferts juridiques et juridictionnels en Égypte, l'héritage des années 1875-1949." Paris 1, 2008. http://www.theses.fr/2008PA010290.
Full textTaudou, Pierre. "Joseph-Jérôme Siméon juriste et homme politique." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32021.
Full textThe successive episodes in Joseph-Jérôme Siméon's long life (1749-1842) are considered in turn. At the end of the Ancien Régime, his social situation as lawyer at Parliament, his connections with the court and the Saint-Victor's chapter, as well as his rank as senior administrator, plunge us into the history of the Provence region on the eve of the Révolution. Simeon's active participation in legal matters, in the Conseil des Cinq-Cents, at the Tribunat and the Conseil d'Etat, his contribution to the definition of the Code civil, lead us to consider questions of civil rights such as filiation, adoption, succession of illegitimate children, matrimonial status, divorce, the possession of civil rights, acts of civil status, but also criminal law and administrative matters. On a political level, Siméon's lobbying for a constitutional monarchy is dealt with, as is his support for the 1802 Concordat. The institutional and political life under the Directoire, the Consulat and the Empire (namely in Westphalia), and then during the Restauration is considered because of Simeon's elective functions and the eminent role he played in several cabinets and in the Chambre des pairs
Dobigny-Reverso, Anne. "Le notaire et la transmission du patrimoine à travers les contrats de mariage en Touraine : 1750-1850." Paris 1, 2012. http://www.theses.fr/2012PA010302.
Full textLasserre-Kiesow, Valérie. "La technique législative : étude sur les codes civils français et allemand /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38880707v.
Full textJacques, Philippe. "Regards sur l'article 1135 du Code civil." Paris 12, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099078.
Full textThe applications of article 1135 of the Civil Code are the subject of constant doctrinal scrutin, not the process involved. Thus, this thesis is devoted to it. She points out that the agreement is not the contract. The contract results from an "appreciation" proceed. It distinguishes article 1135 from the rules of interpretation and from article 1134, al. 3. From article 1135 result "completive effects", unexpressed, complementary and incidental that do not result from the will of the parties, but from these sources of obligations which are statute, usage and equity. They aim at registering simple agreements in the normative environment to which they owe their binding force. To give place to a convention, it's thus not enough that a, agreement is "legally stated"; it must also be legally fulfilled. This setting in conformity (by way of addition) with the requirements of substantive law is the characteristic office of this article
Todorova, Liliana. "L'engagement en droit : l'individuation et le Code civil au XXIème siècle /." Paris : Publibook, 2007. http://catalogue.bnf.fr/ark:/12148/cb41159186t.
Full textBoureghda, Borhan. "L'obsolescence des principes directeurs du Code civil en matière criminelle." Paris 10, 2004. http://www.theses.fr/2004PA100096.
Full textThe contract in its classic way is roughly handled by an equality wind that blow on the contract. Through a various series of notions raised to the rank of remedial mechanism, the judge is highly charged to realize the commutativity. However, by using and abusing those remedial, the judge force the contract, distort and break the contract. Many explanations are given to explain this movement. If they are different by their justifications, they all converge to the same solution. The contract that bind, has to be tempered, because of the classic conception that forbid it. This is to affirm the modern conception of contract. The general theory or more precisely the general principles will they know to face to that dilemma, or should we conclude to the funeral of the classic way of contract and to the obsolescence of its principles ? To find a solution, will we have to built a new codification, to reformulate its main articles attracted to the contract, to refurnish the Civil code or to create a code exclusively dedicated to the obligations theory and the general contracts
Niort, Jean-François. "Homo civilis : contribution à l'histoire du Code civil français : 1804-1965 /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb39256989h.
Full textDelgado, Marie-Isabelle. "L'influence du code civil français de 1804 sur le droit de la filiation naturelle dans le code civil portugais de 1867." Paris 12, 1998. http://www.theses.fr/1998PA122022.
Full textCoet, Philippe. "Les notions-cadres dans le Code civil : étude des lacunes intra-legem." Paris 2, 1985. http://www.theses.fr/1985PA020092.
Full textFaivre-Faucompré, Rémi. "Le droit de superficie : des glossateurs aux premiers commentateurs du Code civil de 1804 (XIIe-XIXe siècle)." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020043.
Full textFollowing the juridical renaissance of the 12th century, the rediscovery of roman superficies rules initiates a doctrinal reflection about this form of legal dissociation between building and ground. Glossators, followed by commentators and a part of the modern doctrine, differentiate the superficiary’s power over the building and the ground owner’s power over the entire land by describing the first one as a beneficial ownership and the second one as a direct ownership. For these authors, the superficiary’s ownership contains his procedural and substantive rights. Some of them compete ground owner’s rights. By rejecting the concept of dual ownership, humanistic jurists don’t question the scope of the superficiary’s power. However, at the end of Modern Area, Wolff changes the concept of right of superficies by identifying it as an exclusive and absolute ownership. In the 19th century, an identical conception is found in the first commentators of the Napoleonic Code’s doctrine. Indeed, the concept of superficies is used by these jurists to characterize several practices of dissociation between building rights and ground rights which are initially based on Ancien Régime customs
Lacombe, Charles Roubier Paul. "Le droit de correction paternelle, le Code civil, les décrets-lois de 1935." Lyon : Université Lyon3, 2006. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/1990/lacombe_c.
Full textAlfonso, Mathey Mercedes. "Constance et évolution d'une écriture engagée : l'oeuvre de Carmen de Burgos journaliste, essayiste et romancière." Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOL017/document.
Full textCarmen de Burgos died in 1932, leaving behind a considerable amount of written material: thousands of articles published in different newspapers, essays, novels and hundreds of “novelas cortas”. The works and the memory of this women’s rights activist were doomed to oblivion during Franco’s dictatorship. This thesis aims to rediscover and analyse these works from its various perspectives. We have been looking for the constant trends but also the evolutions. Carmen de Burgos has indeed evolved in her conception of the woman’s role and of the rights she had to acquire. In the early stages of her fight, she had been mainly focusing on the acquisition of equalitarian legal and social rights. She claimed a better education for girls; education that would allow them to work with dignity and gain economical independence. She was campaigning for the right to divorce. Nevertheless, she soon understood that change could only occur through the ballot boxes and would thus very openly stood in favour of women’s right to vote, up to the point of organising the first street demonstration in favour of women’s vote. The fictions she wrote were, in general, considered activist literature, without a great literary interest. That’s why after having studied in which ways the plots, the denouements and the construction of the characters were serving the cause of women, we tried to evaluate the literary quality of the work, which appeared to us to have some significance. We also wanted to determine if her fiction work was just a tool serving the causes she was defending or if it offered some really good quality literature
Barry, Mohamed. "La théorie des nullités dans la doctrine après le Code civil." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30048/document.
Full textCan we speak of a theory of nullity in the doctrine after the Civil Code? This is the question we sought to answer in this work. Indeed, the answer usually given to the latter requires clarification. According to the response after the Civil Code, there was a theory of nullity in the doctrine. First, there was a classical doctrine which is composed mainly of lawyers of the nineteenth century. Then, next to this doctrine, there was a doctrine called modern, composed mainly of lawyers of the twentieth century. If, to construct a general theory of nullity, the classical doctrine has used the state of the act, the modern doctrine, she has used the criterion related to the purpose of the rule breached.In this study, we sought to renew this response, first by highlighting the limits of the idea of a classic or modern doctrine and the other by showing the inadequacy of these general theories, built by the authors after the Civil Code, the positive law. This allowed us to propose to abandon any overall vision and doctrine on the theory of nullity. Also, it was proposed to replace this global vision by various design nonentities. A diverse design first, with regard to doctrine, to the extent that there is no one side the classical doctrine and other modern doctrine. But also various design regarding the theory of nullity itself, insofar as there is no single theory for all types of contracts, but various theories that espouse the specifics of each contract.These are the conclusions we have reached the end of this work
Gilles, David. "La pensée juridique de Jean Domat (1625-1696) : du grand siècle au code civil." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32054.
Full textJean Domat is one of the most famous jurist of the French " ancien droit ". His thought was used by the code civil's writers, as Pothier's thought. His reflection is based on the conciliation between christian's rough breathing and the building of a geometric corpus iuris. His juridical construction is ground on the distinction between “lois immuables” and “lois arbitraries” and based on the divine right. His thought is original by his point on view on the finality of the jus, link to the salvation, and his modern structure of right, writing under the light of the reason. He wrote Les lois civiles dans leur ordre naturel and the Droit public suites des lois ciciles between 1694-1697. His thought form a step to the foundation of the modern right of responsability, of contract or of the distinction between public right and private right. By his religious convictions, Domat was an isolated theorist. Used by a part of the doctrine during the eighteenth century, his thought was bring to light by code civil's writers
Schneider, Winfried-Thomas. "Abkehr vom Verschuldensprinzip? : Eine rechtsvergleichende Untersuchung zur Vertragsshaftung : Bürgerliches Gesetzbuch, Code Civil und Einheitsrecht." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30010.
Full textThe comparative law study analyzes the question if fault is still a condition of contractual damages in german and french law. After a short historical overview, the first part of the study describes fault in german and french contract law as a declining element. The major reason of this evolution is that compensation requires first an objective breach of contract and then only the subjective condition of a fault. In addition to this, continental law also admits contractual damages without fault in a large number of hypothesis. In the second part of the study, the author comes to the conclusion that fault is an unnecessary condition of contractual damages. According to this, the most international and uniform law systems are based on an objective system of contractual damages. Interestingly, the structures of french contract are quite similar to them. Fault is also known by those systems, but only as an accessory element, allowing a better repartition of reparation. As the german law, although recently modified, has not reached this step, the author pleades in favour of a new reform in order to achieve this evolution
Grevet, Alexandre. "Pour une réforme de la solidarité du dirigeant au passif fiscal." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED060/document.
Full textJoint liability is a recurrent feature of tax law. It is essentially a civil law mechanism which is closely bound to the means of recovery available to the revenue authorities. With respect to the company director, his “financial liability” or “joint pecuniary liability” currently depends on a court ruling. Two items of legislation provide for the director’s liability according to whether the matter is being heard before the civil courts (Article L. 267 of the LPF tax code) or the criminal courts (Article 1745 of the CGI tax code).Although those two provisions are independent from one another since they have neither the same legal basis, nor the same purpose and the person bringing the action is different, it is appropriate to question their respective scope, underline their pitfalls and present avenues for reform of the corporate manager’s joint liability for tax liabilities.The aim is both to make the revenue authority’s action for recovery more effective and to secure the corporate manager’s rights. The current situation requires pragmatism, for recovering tax liabilities resulting primarily from VAT and for suspending joint liability for intentionally causing tax liabilities from the time of the procedure of the determination of the tax base
Bonneau, Jean-Christophe. "La classification des contrats : essai d'une analyse systémique des classifications du Code civil." Grenoble, 2010. http://www.theses.fr/2010GREND017.
Full textThe classification of contracts as it is stated in the civil Code articles 1102 onwards structurally distinguishes itself from modern classifications having been added to it. Looking thoroughly at the matter of a global approach of classification, the classifications of the civil Code, separated from a legal regime which does not in fact depend on them and on notions which are foreign to it, such as the concept of “cause”, were considered in their connections of logic and complementarity. The existence of the chains of classifications, a new classification resulting from the coherent assembly of the various classifications provided for the civil Code, were brought to light thanks to a study aiming at understanding how these classifications are bound and harmonized. The features of the classification of contracts were then deducted from the very structure of the classifications of the civil Code combined in chains. These have for feature to reveal what constitutes the essence of the contract, by allowing to distinguish it from certain figures which try to assimilate to it but nevertheless distinguish themselves from it since the capacity of a legal object to become integrated into the chains of classifications is perceived as conditional on the contractual qualification itself. Considered as a preferred criterion of the definition of the contract, which can give rise to projects aiming at the elaboration of a body of European contract laws, the chains of classifications were then conceptualised in their connections with the variety of the named contracts. The chains of classifications absorb these contracts as well as their legal regime which can, consequently, be transposed into the unnamed contracts. Allowing a renewal of the groupings generally perceived, the chains of classifications bring a new light to the process of qualification of the contract. They contribute to specify the domain of the modification of the contract, and finally supply a foundation for the direct contractual action which is applied to the chains of contracts
Oury-Brulé, Manuela. "L'engagement du codébiteur solidaire non intéressé à la dette : article 1216 du code civil /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb388708444.
Full textOury-Brulé, Manuela. "L'engagement du codébiteur solidaire non intéressé à la dette (article 1216 du Code civil)." Evry-Val d'Essonne, 2000. http://www.theses.fr/2000EVRY0009.
Full textBokolombe, Bokina. "L'influence du modèle français sur les codifications congolaises : cas du droit des personnes et de la famille." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10031/document.
Full textThe French Law has exercised significant influence on Congolese codifications; the most outstanding example is no doubt civil codifications. In reality, the Congolese legal system once based on the unwritten customary law made on multiple customs and community behaviours received through the Belgian colonization, with some adjustments, the Napoleonic Code that the Belgium has therefore received from Napoleonic conquests. This Code is also always applied in Belgium. But after the Congolese’s national independence, political power had wanted to replace the colonial Code which was the mentality and Congolese customs but still incomplete. Furthermore, the legislative work initiated on the part relating to the rights of persons and the family, which led to performing in 1987 of the Family Code, had advocated the use of the right traditional (authenticity). However, apart from the integration of a few customary institutions, this new Congolese Code is the modern fundamental (imperative of development). In fact, it renewed and even amplified the French law that associated others European rights and African postcolonial. But today, this Code has definitely aged; what might therefore be the best remedies to more valuable ? _______________________________________________________________________________________
Abadi, Amir Hossein. "L'équilibre économique dans le contrat : étude comparative des codes civils français et iranien." Bordeaux 4, 1995. http://www.theses.fr/1995BOR40019.
Full textIn a commutative contract, for the execution of the contracting parties, obligation to be possible, chere must be a balance between prestations. Each contracting party must receive the equivalent of the services. If the conventional justice is not protected by law, one of the contracting party will exploit the other, which then is unable to defend its interest either by weakness or ignorance or necessity