Dissertations / Theses on the topic 'Droit civil, Systèmes de'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droit civil, Systèmes de.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Siffrein-Blanc, Caroline. "Le système de parenté en droit civil français." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32014.
Full text: Family relationship has the features of a system since it refers to an assembling of elements in permanent interaction. The thesis is based on the idea according to which today, family relationship is non-distrainable both in its structure and in its substructures. Contrary to the seeming stability of the notion, the family system was in fact threatened with deconstruction. Faced with such a threat, the family system should have been both protected and restructured. Firstly, protecting what must remain inalienable and unavailable, namely the basic structures of the system, the bilinearity, the differentiation of gender and of generations as well as the durability of the constituted relationship. Then, restructuring, that is to say redefining the foundations of the family relationship on an ethic of responsibility in order to centre the life of the family relationship on a principle of efficacy. The family system should assign a legal role to the father and to the mother who have decided to take charge of this function. The result is that value must be given to the voluntary establishing of the family tie in order to devote correlatively an irrevocable responsibility; thus, disagreement will be de facto restricted. Moreover, the family tie should not be reduced to a social registration nor to a title : it must exist and continue to exist. From then on, the parental relationship as well as the genealogical registration have been reinforced in order to guarantee the efficacy of the family system
Thevenet, Doriane. "La notion juridique de famille entre droit civil et droit social : étude comparative des systèmes juridiques français et italien." Lille 2, 2006. http://www.theses.fr/2006LIL20024.
Full textThe subject of the thesis is the study of the legal concept of family facing the evolution of civil law and social right. On the basis of atraditional definition of the family in civil law, the research consists of highlighting the possible influences or interferences of the social right. The comparative study of the French right and the Italian right, countries coming from a same legal culture, offers a better comprehension of the evolution of the family in right. Indeed, the comparison, imposing a multi-field research, highlights the differences and the resemblances of the legislation studied, pointing out its history, its rules and its functions. The result is the conclusions of a chronological study which distinguishes two periods. The first one extends from the birth of the social legislation to the reform of the famility right. Starting on the basis of working right, which goal is the revival of family ties when at the same time the industrial revolution tends to separate its members, the study attempts to seek if the family enjoying this new working right, goes in the same direction as the civil right defined during this same period and the consequences which result from this. The second considered period shows how the family has been forgotten in contemporary society and where the right of the individual takes over that of the group
Balmaceda, Jorge. "La vente de marchandises dans les systèmes de droit civil et de common law : une étude des droits anglais, chilien et français." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D041/document.
Full textCommon Law and Civil Law are the main legal systems in the world and the sale of goods is the most important contract. Sales of goods have been ruled either by English Law or Civil Law, which has posed problems sometimes due to different approaches regarding certain principles and institutions. The 11th April 1980 Vienna Convention on international sale of goods tried to harmonise these differences with a codification technique, typical of Civil Law, giving privilege to rules of Civil Law most of the time but also introducing institutions from Common Law, that are not incompatible with Civil Law, as we will see. The general principles of Civil Law and Unidroit principles help with this harmonisation goal, integrating the rules of the CISG and also with the interpretation phase. The power of codification prevails over Common Law, giving certitude and sophistication to this matter, which is vital for global commerce
Zolea, Sirio. "Le droit de superficie dans les systèmes des règles d'appartenance : une approche comparative." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020045.
Full textThis thesis is about the right of superficies, with regard to France, Italy and, in broad outlines, Belgium and the Common Law system. Paying special attention to the law in action, a comparative, functionalistic approach is adopted. The argumentative route of the thesis follows several main paths, closely linked:- The historical dimension of the right of superficies, as a key to understanding the similarities and the differences between the legal orders taken into account.- The comparative dimension of the right of superficies, highlighting the fact that it is quite an unitary legal institution in Italy, while in France (in the absence of a precise legal regulation) this institution, developing directly very close to the practice of the stakeholders, is fragmented in several legal tools conceived to meet specific needs.- The socio-economic dimension of the right of superficies, as an analysis of the concrete needs of the stakeholders.- The theoretical and conceptual dimension of the right of superficies, highlighting its characteristic of a dynamical, flexible and problematic element of the Civil Law system of property. - The dimension of the right of superficies as a possible connection between the traditions of Civil Law and Common Law, due to its capacity to call into question the closed attitude of continental property models, bringing out their latent structures coming from the past, before the age of codifications. - The socio-political dimension of the right of superficies, as a tool that may propagate an approach based on social solidarity in the field of property law, as enshrined in the Italian Constitution
Sadde, Gérald. "Sécurité logicielle des systèmes informatiques : aspects pénaux et civils." Montpellier 1, 2003. http://www.theses.fr/2003MON10019.
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
Hemle, Djob Sotong Simon Pierre. "L'indépendance judiciaire à l'épreuve de la «grande corruption» : illustration à travers la réception des instruments internationaux de lutte contre la corruption dans les systèmes judiciaires de Common Law et de Droit civil et selon les contextes sociaux Nord/Sud (Canada, France, Cameroun)." Doctoral thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/35779.
Full textNoting that the national legal framework could only take into consideration partly the transnational corruption offense, the States have massively joined regional and international conventions against corruption. For the sake of consensus, the flexibility of terms used within these conventions covered up their purpose. For example, when the concept of functional equivalence generated a differential receipt of the conventional instrument according to legal system of a given member State; the evaluation by different follow-up mechanisms of those instruments seems to be suggesting the harmonisation of criminal law. In practical terms, it is observed that this harmonising purpose cannot be effective without a coercive monitoring mechanism implemented by the complaint/communication of every interested social actor against corruption. However, the political discrepancies noted in some mechanisms of criminal law make nowadays difficult the institutionalization of an international criminal court for economic crimes. The most plausible anticorruption alternative seems to be that social actors get organized in prosecutorial network. This network should have access to all national, foreign, and international juridical mechanisms connected with the transnational corruption offense by the same “corruptional’’ fact. That implicit competition between the judicial and quasi-judicial bodies of different legal systems creates among themselves a spontaneous competition. While participating on improvement of national jurisdictions, this competition represents also an essential condition for their independence.
Alamri, Khalid. "Le notaire au confluent des systèmes juridiques : esquisse d'une étude notariale transnationale." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D015.
Full textAt the time of the internationalization of the law and the increasing mobility of people across state borders, notaries are confronted on a daily basis with family, personal or professional situations, with elements of 'foreignness. As a result, they are no longer content to apply national legislation, but are also open to the application of private international law methods. This study questions the possibility of a transnational notarial order in the light of the examination of notarial legislation in a number of legal systems. Such a study shows the existence of a favourable environment for the harmonisation and circulation of notarial acts, in the image of the European framework considered as a laboratory in this field. Nevertheless, there are still many legal obstacles that stand in the way of the possibility of a universal notarial order due to the legislation of certain countries, such as the Muslim countries
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 textLe, Moulec Eliaz. "Pour un renouvellement du système répressif dit des atteintes juridiques aux biens." Thesis, Rennes 1, 2019. http://www.theses.fr/2019REN1G001.
Full textJuridical infringements to property represent a considerable part of criminal activity. The incriminations which can enable to punish them have, therefore, to play an essential role. Their significant lifespan as well as their importance contribute to explain their real value as a model, assigned to them by the criminal doctrine. Going beyond the limits of special criminal law, they won, in the general criminal law publications, the status of recurrent examples. Isn’t it to robbery, swindle, and breach of trust that the doctrine traditionally appeal to illustrate respectively the notions of unique offence, of complex offence and of condition precedent? However, it is not sure that those incriminations are truly up to this role of “exemplary nature”, that one claims to make them have. A study of the literature shows, on the contrary, a part of the criminal law where the critics have become extremely numerous and powerful. The right to blame freely, that the doctrine has, according to the Professor GARÇON, is used a lot. In particular, it doesn’t seem to spare any player of the juridical construction: the doctrine doesn’t only doubts the legislative and jurisprudential work, but it also deeply doubts itself. This thesis therefore considers a renewal of the repressive system, said of the juridical infringements to property, by especially using the resources of the civil and comparative law. Drawing lessons from a former historical study, it apprehends its object like an astral system made of a heart around which gravitate some elements that complete it. It is then able to initiate the expected renewal, on the basis of the fundamental incriminations of robbery and breach of trust which form this heart, and draw principles of which it studies and deals with the repercussions on the whole system
Delegove, Nicolas. "Le droit commun et le droit spécial." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020020.
Full textDistinguishing between general and specific rules of law is a deeply rooted habit among civilist lawyers, concerning the field of theory as the practice one. The roles of this distinction are very different, but they are threatened by two kinds of phenomenas as well : the increasing degreesof specialization and the development of -horizontal- relationship between general rules of lawon the one hand, and specific rules of law in the other hand. As a genuine, it would work,however, always as a good way to order the priority of different rules of law for both legislature and judges, both in academia and in practice.There is however a singular paradox. The general and specific rules of law can't be defined,their relativity is such an obvious one that they inconceivable if the other doesn't exist. According to this idea, their relationship is usually described in terms of opposition. Yet, the meaning of "relativity" is closer to collaboration rather than opposition.Thus, as regards to the development of the law, positive influences are at work. General and specific rule of law are a model to each other. Their evolution takes place in contemplation ofeach part. This especially helps the application of law to refute the idea that the general andspecific rules of law are mechanically mutually exclusive. A part from the possibilities provided by statute law, no basis justifies exclusiveness. Furthermore, specific rules of law sometimes contain a lot of less-defined rules. The value of the solution advocated by the adage "specialia generalibus derogant " is just a presumption, a simple one. A specific rule of law is supposes to be perfectly adapted to a situation, but it may pragmatically, about some case, be less appropriate than the general rule of law
Ahmed, Laoura. "La construction d'un système juridique : la confrontation de la coutume et de la loi à Mayotte." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA022/document.
Full textIn Mayotte, the private law governs the civil legal situation of Mahorais basing their marital life on the customs of the mahr, the repudiation, the polygamy and the family housing at the married woman. Its reform emphasizes on the realism in the modernization of the law governing the legal reports of the latter. It tends to focus its sources on a written legislation which respects the letter of the clauses of the civil code. It directs the report of the custom and the law on their competition and not their complementarity. It involves the superiority and the establishment of the exclusivity of the legislated written sources. It promotes an application without distinguishing the civil statutes of membership of Mahorais. It aligns the civil statute established by the customs on the civil statute defined by articles 75 and 34 of the current Constitution. It returns on the preservation of the common laws, making difficult, even impossible their exercise. It entails situations of lawlessness and unapprised by the law. The marriage of common law is moved closer to the cohabitation and not to the civil wedding. The matrimonial intention of Mahorais is not recognized by the law
Sidhoum-Rahal, Djohar. "Les fondements du droit pénal à l’épreuve des neurosciences : perspective comparée entre système continental et système de Common Law." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100142.
Full textThe dissertation examines the integration of neuroscience in criminal justice with potential evolutions towards a new evidence system. The system would then be centered around the study of the human body itself to grasp the criminal mind and such a change would have consequences on the main principles of criminal law. In my thesis, I argue that courts cannot use a scientific technique as evidence without importing some basic assumptions from the science in question. As a result, explaining behavior based on neuroscience that challenges the idea of free will would lead to a redefinition of the subject in criminal law, both in common law and in civil law systems
Al-bsherawy, Ammar. "La réception du contrat de crédit-bail par le droit positif irakien. Étude à partir des droits français et américain." Thesis, Lyon 3, 2014. http://www.theses.fr/2013LYO30077.
Full textThe receipt of the contract of finance lease in Iraqi positive law does not need an acculturation which would take the shape of submission or the assimilation to the legal rules having been elaborate in a different legal environment. To be integrated into Iraqi substantive law, the contract of finance lease must pass through the transplantation of French, American and Islamic models in the Iraqi legal system to form mixed law of special enforcement. To provide a satisfactory explanation for the adoption of a model of the contract of finance lease in the Iraqi legal system, it is essential to go beyond the often articulated approaches to legal changes. Seeking more specific proposals regarding the selection of legal innovation sources; the fit between the rules borrowed and the system in which they must be received, and the relationships between sectors of the two legal systems. The Iraqi legislator can not be limited a simple copy, because it must be sure to establish laws that are a reflection of the mentality and the Iraqi legal culture. It is therefore essential to further explore the forces that motivate the receipt of finance lease and defines its scope: the search for a legal system, legal culture, tax culture that is perceived as authentic or adequate. This analysis opens up new perspectives and raises a series of questions examined in the light of French, American and Iraqi rights. The points raised by the first part of this thesis show of strategies, approaches and the main obstacles of indirect legal transplantation of rules that have been developed in a non-Islamic environment. So the analysis of indirect receipt legal standards applicable to the contract of finance lease that the first part of the thesis is devoted. Next to the indirect receipt legal rules applicable of the contract of finance lease, a direct transplantation of accounting and tax standards is essential to receipt of contract finance lease the Iraqi positive law. The issue of receipt of an accounting and tax perspective will therefore be multiplied: One hand, reconciliation between the French accounting law, French tax law and, Iraqi accounting law, Iraqi tax law is desirable and sought after. In addition, reconciliation between the U. S. accounting law, U.S. tax law, having been inspired by the international accounting, and tax standards and Iraqi accounting law, Iraqi tax law is feasible. It is then compatibility and harmonization are sought. So the analysis of the direct receipt of accounting and tax rules applicable to the contract of finance lease that the second part of the thesis is devoted
Mbogning, Kenfack Joseph Sinclair. "L'influence des systèmes juridiques Romano-Germanique et de Common Law sur la construction des droits de la défence dans la procédure pénale au Cameroun." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20005.
Full textDespite their separate history and geography, civil and common law legal systems have long influenced and continue to influence, in Cameroon, the development of criminal procedure in general and the rights of the defence in particular.From a separate and imposed influence since colonization, with main characteristics, in criminal matters, the existence of two criminal procedure codes and a disparity of defense rights depending on the part of the Cameroon territory (eastern Cameroon / western Cameroon), the legislator in 2005, on the basis of a common and desired influence of civil and common law legal systems, succeeded to build a common procedure and criminal defence system, characterized by an increasing of the rights of defence.Products of compromises and vectors of crucible reciprocal influences of civil and common law legal systems, the rights of the defence in Cameroon, from the pre-trial phase to the trial phase of the criminal trial, were built around variable dividing lines, reflecting more a willingness to miscegenation than the hegemony of a single law system
Marion-Faïn, Edwige. "Une analyse microéconomique des règles de preuve dans le contentieux civil." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020018/document.
Full textProcedural rules are likely to affect the strategies of the parties in a dispute. We study their impact on the volume of litigation and on the amount of legal expenses incurred by parties to win the trial. These two components of the social cost of litigation are at the heart of the challenges that must be addressed by developed countries to guarantee the effective enforcement of the substantive law. Our works relate more specifically to rules of proof, and the emphasis is given on the opposition between civilian and common law rules. After defining the scope and the stakes of the thesis in the general introduction, we develop a plan in two parts. Part I studies parties' behavior when they have the possibility to negotiate to avoid a trial. Strategic and divergent expectations models are developed to apprehend parties' decisions to sue and to settle. The second Part is oriented toward the evidence production process preceding the final hearing. We use rent-seeking models to analyze parties' incentives to engage legal expenditures.The results suggest that rules of proof have a substantial effect on the social cost of litigation. We show that the volume of litigation in the US and in France can be explained by the various rules of proof prevailing in these two countries. Moreover, our analysis reveals that the rules of proof constitute a major determinant of the private cost of litigation and of defendant's defense strategies
Hountohotegbè, Sèdjro Axel-Luc. "Repenser la procédure civile : les enjeux théoriques de l’accès à la justice et l’hypothèse de la régulation sociale par l’intégration des modes extrajudiciaires de prévention et de règlement des différends (PRD)." Thèse, Université de Sherbrooke, 2017. http://hdl.handle.net/11143/10582.
Full textAbstract : The thesis analyzes the evolution of civil procedure in terms of access to justice issues in theory of law. It makes the assumption of a model of social regulation which operates a reversal of the classic positivist monistic perspective by the integration of the extrajudicial modes of PRD. The thesis responds to the following research question: what theoretical foundations to the evolution of civil procedure for the improvement of access to justice? From a methodological point of view, the thesis opts for a theoretical and documentary approach. It borrows from the main schools of theories of law, in particular the sociological school. The theoretical framework is then based on theories of legal pluralism, the systems and the network. These theories irrigate the whole thesis and serve as the two main parts of the analytic grid. In the first part, the thesis focuses on the accuracy of the concept of access to justice. In three chapters, this first part is working methodically to deconstruct the dominant meanings institutional and narrowing of the concept. It leads to the development of an innovative theoretical definition and practical access to justice. In the second part, the analysis focuses on the evolution of the paradigms of the civil procedure. In three chapters, it poses a critique of System dominant rules of conflict in general and civil procedure in particular which are based on the law according to the principles of hierarchy of norms. The thesis deconstructed this vision, and then proposes a general theory supporting the legitimacy of the extrajudicial modes of PRD. Finally, the research suggests an evolution of civil procedure and submits to this effect an alternative justice system model not oxymoronic, but complementary to the dominant model integrating extrajudicial modes of PRD. The social regulation model built and submit in the thesis revolves around three paradigms fundamental namely decentralisation, multipolarity and complementarity. The thesis is a compendium of analyses and submits a frame of reference of the paradigms of a justice system for the improvement of access to justice.
Abdouraoufi, Ibrahim. "Les clivages entre civilistes et juristes de Common Law dans la perspective d'un droit africain des affaires." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30019.
Full textThe configuration of business law in Africa is intimately linked to its colonial history, a story of competition between powerful groups, evident today in the competition between legal systems. The process of “OHADA”, which started with such ceremony, has ultimately contented itself with an internal harmonization of the legal systems of countries with a civil law system. There is a notable correlation between the adopted rules and French business law. This “harmonized” law, therefore, ignores countries with common law systems, the other facet of the African legal landscape, generating tensions between lawyers on both sides.Nevertheless, the divisions are not limited to the dichotomy civil law-common law. Informal regulation exists alongside both these legal systems, and they must be taken into account if the rules that govern business in Africa are to be understood. This generates a multiple challenge: bringing OHADA law and common law closer is both desirable and possible. The proximity between these people and countries is too close to justify the existing differences. Nevertheless, bringing common law and OHADA closer, does not mean replacing them with a new common system, which seems unrealistic. Compatibility, rather than uniformity, would be the desired result, offering a better fit with the search of attractiveness, which is in the essence of business law. This study therefore promotes an open approach of the “other” system, while underlining the importance of the informal sector, based on custom and usages
Gervais, Marc. "PERTINENCE D'UN MANUEL D'INSTRUCTIONS AU SEIN D'UNE STRATÉGIE DE GESTION DU RISQUE JURIDIQUE DÉCOULANT DE LA FOURNITURE DE DONNÉES GÉOGRAPHIQUES NUMÉRIQUES." Phd thesis, Université de Provence - Aix-Marseille I, 2003. http://tel.archives-ouvertes.fr/tel-00008877.
Full textSelmaoui, Hasna. "Le droit civil marocain : entre droit musulman et droit français." Toulouse 1, 2006. http://www.theses.fr/2006TOU10046.
Full textGarcia, Kiteri. "Le droit civil européen." Limoges, 2006. https://aurore.unilim.fr/theses/nxfile/default/d7078ada-2667-4830-b5cc-5df6d8e7be32/blobholder:0/2006LIMO0517.pdf.
Full textThe conceptualization attempt of the European civil law begins with a prime objective: to prove the existence of this right. If the European civil standards are known, it’s still necessary to determine from when a whole of rules forms a right. In addition, the essential element so that the European right can be allowed with the row of the sources of civil standards resides in the creation of rules. However, the European civil provisions come from preexistent influences and loans of rules in other orders, nationals and international. Like straight created on a European scale, the European civil law will have to make a success of the bet to exist through two European schedulings: ropean Union and the Council of Europe. It results from this bipolarity a system of singular civil law, far from the traditional unit system. The second aim of the study tends to reveal the substance of the European civil law. The explosion of the basic rights made necessary he emergence of a civil law European. It results from it a new civil law, which is built around a centre of gravity to fundamental value. The uropean civil law being presented in the form of an individualistic right, the spirit of the basic rights makes it possible to preserve a right b balance between individual interest and general interest. In that, the basic rights constitute a pledge of balance for the European civil law. Oreover, they translate an idea of flexibility and diversity essential to the recognition and the extension of this new righteuropean civil law
Bakouche, David. "L'excès en droit civil." Paris 2, 2001. http://www.theses.fr/2001PA020040.
Full textSagaut, Jean-François. "Ecrits de droit civil." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020024.
Full textTo be a “notaire” means completing a seven-year university course leading first to a Master 2 specialising in notarial law. This is followed by a Higher Diploma in Legal Practice, which is a recognition of the theoretical ability to exercise as a “notaire”. Subsequently it is possible to pursue applied research during one’s professional activities. This is what the author has done in the fifteen years since he obtained the “Diplôme Supérieur de Notariat”. He has published three books, has been a contributor to seven other collections, and has published nearly seventy articles which are listed in the appendix, classified according to theme. They represent the culmination of a first period of professional practice in which, kindly encouraged by the university which also welcomed him as a part-time lecturer for the same period, the author continued to carry out applied research in the disciplines he practiced in his professional activities. The published works encompass various issues of private law which fall broadly under three main categories. Firstly, there is professional law which covers articles and works dealing with both the status of “notaire” and more specifically the rules of conduct which form the essentials of the profession. Secondly family inheritance law – a discipline where the expertise of notaires has always been recognised and welcomed. And finally, what the profession calls “actes courants”, where notaires handle alternatively or cumulatively the law on obligations, special contracts and securities
Bakouche, David. "L'excès en droit civil /." Paris : LGDJ, 2004. http://catalogue.bnf.fr/ark:/12148/cb39908494c.
Full textRobineau, Matthieu. "Contribution à l'étude du système responsabilité : les potentialités du droit des assurances." Orléans, 2004. http://www.theses.fr/2004ORLE0002.
Full textChabot, Gérard. "Des distorsions entre droit civil et droit fiscal en droit successoral." Nantes, 1997. http://www.theses.fr/1997NANT4012.
Full textConsidering the inheritance, the study brings to light "distortions" between "civil law" and tax law. First, we proceeded to the identification (part 1) of these conflicts, in a comprehensive study of the inheritance. All the rules governing the taxation of the inheritance, the gifts and legacies were explained. Special contracts were studied : life assurance, tontine. . . Afterwards, we studied the application (part 2) of the distortions. "distortion" aims at making a stand against tax-evasion. Nevertheless, tax law also incite to anticipate the consequences of the inheritance
Juneau, Matthieu. "La notion de droit commun en droit civil québécois." Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26391/26391.pdf.
Full textPlessix, Benoît. "L'utilisation du droit civil dans l'élaboration du droit administratif." Paris 2, 2001. http://www.theses.fr/2001PA020028.
Full textRossetti-Moulin, Françoise. "L'entreprise familiale en droit civil et en droit commercial." Grenoble 2, 1998. http://www.theses.fr/1998GRE21023.
Full textThe first section deals with work-oriented relationships within the business between individuals belonging to the same family, and more particularly between spouses. Work-oriented relationships ars studied first within an individual firm, then within a company. The second section treats of the effect of the family concept on the running and durability of an individual firm, and also on the organisation of the business as a company
Diaby, Mariama maty. "La Relation du droit de l’OHADA au droit civil." Thesis, Paris 13, 2019. http://www.theses.fr/2019PA131043.
Full textOHADA was set up to achieve economic integration through legal integration. The right of the OHADA, the bearer of the work of legal integration, was destined to become the reference normative framework. Its binding force should enable it to impose itself on the law of the Member States. If the question of the future of commercial law or national business law did not raise any particular difficulty, it was different for civil law. This study examines the relationship between OHADA law and civil law, understood as national civil law. A relationship that highlights, an influence: that of the law of OHADA on the national civil law.Thus, in the first part, the study shows that the influence of OHADA law on national civil law is consecrated. It is based on the institutional framework that bears the right of the OHADA, before being devoted substantially.In the second part, the study relativizes the influence of OHADA law on the national civil law, in that it is limited. Are involved, the omnipresence of the civil law in the construction of the right of the OHADA and the limited autonomy of the right of the OHADA
Plessix, Benoît. "L'utilisation du droit civil dans l'élaboration du droit administratif /." Paris : Éd. Panthéon Assas : diff. LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb389770601.
Full textBakouche, David. "L' excès en droit civil /." Paris : LGDJ, 2005. http://www.gbv.de/dms/sbb-berlin/480586012.pdf.
Full textVoidey, Nadège. "Le risque en droit civil /." Aix-en Provence : Presses Universitaires d'Aix-Marseille, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/504001515.pdf.
Full textMonbrun, Laurent. "Le paiement en droit civil." Nancy 2, 2005. http://www.theses.fr/2005NAN20005.
Full textSabathié, Erika. "La chose en droit civil." Paris 2, 2004. http://www.theses.fr/2004PA020044.
Full textBost-Lagier, Véronique. "L' exceptionnel en droit civil." Paris 2, 2002. http://www.theses.fr/2002PA020069.
Full textPesenti, Sophie. "La tolérance en droit civil." Paris 2, 2002. http://www.theses.fr/2002PA020086.
Full textDenizot, Christophe. "Droit civil et bail commercial." Paris 11, 2003. http://www.theses.fr/2003PA111008.
Full textVoidey, Nadège. "Le risque en droit civil." Strasbourg 3, 2003. http://www.theses.fr/2003STR30009.
Full textFrom a legal point of view, the term 'risk', which is not defined in the Civil code, refers to an unpredictable, future and harmful event. There are nevertheless different variants in the definition of the term. Its concept is plurivalent since it can have several meanings in civil law. As a result, the notion of 'risk' can be understood in a synchronic, circumstantial way, by changing the context of the criteria characterising said notion. The meaning of the notion of 'risk' also varies with time, as law faces new issues. Each of these variants is likely to affect the law. Due to its various meanings, it becomes specific. The notion of 'risk' is complex and provides one of the essential elements in civil law. It is therefore a fundamental concept of civil law
Malaurie-Vignal, Marie. "Les restitutions en droit civil." Paris 2, 1990. http://www.theses.fr/1990PA020119.
Full textEach restitution has for function to give back (a return to the statu quo) with the reintegration of a thing in original patrimony; nevertheless, the retroactivity is not essential for a restitution. A distinction is necessary between the normal restitution (contracts of restition : loan, deposit, situation leaving to arestitution (lease, life interest (usufruct) which are technics of the economic activity and the anormal restitution (recovery of property, restitution consecutive to a nullity or a termination of a contract) which disturo a legal situation. Inside the anormal restitution, one has to distinghish these found on the action for money back from those consecutive to a cancellation of a contract. These are dominated by the consideration of mala or bona fides whereas those are regulated by a care of balance correlation between the plus and minus-volues. The restitution is a technical law, but the precision of the rule is moderated by more flexible, more approximative rules, founded on an idea of measure (ex: the exceessive expenses are not reimbursed) but, this idea of equity is only true about the reimbursement of plus and minus volues (the account of restitution : 2e part the thesis). Because, on the contrary, the thing is always returned, independently of the bona or mala fides of the debtor. The obligation of restitution is objective, and governed by a severity of
Arzalier, Serge. "La connexité en droit civil /." Paris ; Budapest ; Torino : l'Harmattan, 2002. http://catalogue.bnf.fr/ark:/12148/cb38927564r.
Full textZabalza, Alexandre. "La terre et le droit : du droit civil à la philosophie du droit." Bordeaux 4, 2001. http://www.theses.fr/2001BOR40015.
Full textThe Earth puts in contact distant elements, indeed totally opposed from a cultural point of view (through unity of psychic polarity of its symbolic demonstration) and form the philosophical point of view (where it can reconcile idealism and realism issue from knolwledge theories). From the juridical point of view, the Earth imparts this sense of a superior unity either from an external and interdisciplinary way where it links the private and public (using the territory and the land figures) and vice-versa. .
Zabalza, Alexandre. "La terre & le droit : du droit civil à la philosophie du droit /." [Pompignac] : Éd. Bière, 2007. http://catalogue.bnf.fr/ark:/12148/cb41155251g.
Full textPlessix, Benoît. "L' utilisation du droit civil dans l'élaboration du droit administratif /." Paris : Panthéon-Assas, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/378091395.pdf.
Full textVeulle, Philippe de. "Les sources juridiques des systèmes européens de paiement." Paris 5, 2007. http://www.theses.fr/2007PA05D016.
Full textEuropean payment systems legal sources is the title of the thesis. In introduction we study definition and history, typology and the applicable law. What legal rules are applicable to payment systems which are a state matter? This is the problematical question of this work. Obviously we think about European community law. This is not the only answer. The first part explain the national law of the States members of European community. We will understand that the international law is ruling for a big part this subject. The standards also are playing an important part in the ruling level. The national law (for France for instance) still also on the field of payment systems and even reinforce the European community law (in bankruptcy and shares transfers laws). The national judge will play an major role in application of the law (Sagittaire decision). The second part is about the European community law. We focus on the classical way of making the financial and banking laws. We also explain the new Lamfalussy method for more efficient ruling way. The European strategy policy shows the importance of "subsidiary principle" end the "playing level field" of the laws for European community. The ruling power of prudential authorities will be also developed in this part. We will conclude by the difficult way of law application , the terrorism and cleaning money matter and the new harmonization of the European community law
Cammilleri, Anne-Françoise. "Les techniques de droit public d'intégration des systèmes sociaux dans le droit communautaire." Paris 2, 1991. http://www.theses.fr/1991PA020040.
Full textIntegration of public law technics of social systems in e. E. C. Law show the existence of a coordination of european basic social schems and difficulties of the inexistence of complementary social ones. The difficult application of general principles of coordination generated an evolution consecrated by the workers fondamental social e. E. C. Law charter. But the existence of coordination european laws concerning illness, invalidity, pregnancy, death, retirement and family benefits and its comparative study in the twelve european states show the deficiency of such rules. So, the revision of rome treaty and the new european global convergence policy should help to reduce the european citizen's obstacles of the mobility. The conception of social europe is a new one with a new european dimension
Bidaud-Garon, Christine. "L'état civil en droit international privé." Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/in/theses/2005_in_bidaud_garon_c.pdf.
Full textThe civil-status belong to these " formalities " that everyone know he must do when birth or death happens or else he wants to get married or to recognize a child. Meanwhile, we must not forget that they are official documents written on a State behalf. They are used by people in order to prove there status and to have rights that follow from it (nationality, residence permits, social rights. . . ), but they are a way of controlling people identity and regular acquisition of these rights by the State too. This duality of nature and interests, as well as the existence of extraterritorial authorities and the development of the fraud in this matter engender lot of consequences on the international private law applicable to civil-statues, both in apprehension of foreign elements and in receipt of foreign civil-status in French legal order
Leverbe, Emmanuelle. "Essai sur l'altruisme en droit civil." Pau, 2003. http://www.theses.fr/2003PAUU2004.
Full textMany factors tell in favour of limitation of an overvaluing of altruism in civil law to a qualification of an essay : this word knows no application in positive law, there is no comprehensive doctrinal study on the subject and this quality seem, at first sight, to be on few terms with law. Why and how such a virtuous behaviour should deserve to be taken in account by legal rules? Altruism, who's kept as plain and ideal vision, proceeds, from the unselfish concern for other's good felt by the generous author, he expects no counterpart for his gesture. This criterion allows bringing altruism and the traditional notion in civil law of free of charge deed in close relationship. This latter is characterized by existence of liberal intent, deemed as the justification of the free agreement. The search for a definition of altruism fits accordingly into the scope of cause's notion. It appears that the consideration of gratuitousness remains in civil law too objectively and understood to accurately translate the cause of regard to other's good. Altruism's justification deserves to be considered in subjunctive's terms. The show up of a cause's notion suitable for altruism's specificity allows suggesting a comprehensive classifying of free behaviour. The subjectivism necessary to qualify the phenomenon sets it recurrently bounds to "lawlessness". Yet, the analysis of some legal requirement submitted to the validity of the generous deal leads to a paradoxical result : altruism doesn't enforce obedience to a genuine and homogeneous rule. Law let to human soul, generous or not, her whole mystery
Bodin, Marc. "Les notions relatives en droit civil." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40040/document.
Full textA relative notion (consisting of a basic concept and a qualifier) could appear as an equivocalprovision. However the principle of legality imposes to base every decision on a reference norm ;referral to a court implies moreover that the person subject to trial has a spontaneous knowledge ofit, neither the legislative context nor investigative measures being sufficient to correct the linguisticimprecision of the law. If custom allows to make explicit the basic concept, it doesn’t for all thatdelimit the threshold inferred by the legislative qualifier. The margin of praetorian appreciationfollowing from it renders then the sanction conceivable only according to factual obviousness. Thelatter leads to reverse the onus of proof by loading the defendant with the proof of the normality ofthe facts with regard to the socially accepted norm. It also excludes from the judicial field theinsufficiently characterized situations, suggesting that the civil code tolerates a share of anomaly insociety and entailing a personalization of the decision for the occasion. In short, only thedisproportion of facts is sanctioned and involves a balancing of the rights in dispute. Understood likethis, relativity gives to the law some flexibility without leading to judicial arbitrary : it affords toinclude marginal situations into a same political finality. The recourse to relative notions is akin to theidea to not regulate by a law imposed ipso jure and reveals the retreat of directional public order. Thedanger lies then in the instrumentalization of relativity in order to make of it a legistics tool pavingthe way for an ill-considered flourishing of one’s rights
Bidaud-Garon, Christine Fulchiron Hugues. "L'Etat civil en droit international privé." Villeneuve d'Ascq : A.N.R.T. Université de Lille III, 2005. http://thesesbrain.univ-lyon3.fr:8080/oo2xml/production/lyon3/2005/bidaudgaron_c/html/index-frames.html.
Full text