Dissertations / Theses on the topic 'Droit commercial (droit islamique)'
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Alyaqout, Yousef. "L’arbitrage des litiges relatifs à la finance islamique." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0254.
Full textAbstractThe rise of modern Islamic finance will logically raise the issue of dispute resolution. Indeed, recourse to state justice leads to negative impacts on the achievement of the objectives of Islamic finance and on the development of this sector of activity. In this context, the application of national legislation by the state judge results in the reclassification of Islamic financing contracts into conventional financing contracts. In addition, this recourse to the State Judge leads to the neutralization of Shariah as an applicable law. All this leads to the denaturation of Islamic finance. This denaturing is a source of contradictions. It is well known that Islamic financial institutions are based on a fundamental obligation that all financial transactions must conform to Sharia law. In addition, people who use Islamic finance primarily aim to conduct financial activities in accordance with their religious and ethical principles derived from Islamic legislation. The study also showed that amicable dispute resolution modes help to take into account the peculiarity of Islamic finance. However, this consideration remains insufficient. Indeed, these modes do not present a complete, homogeneous and coherent mechanism for resolving disputes relating to Islamic finance. Their contribution to the construction of a legal system specific to Islamic finance is very limited. As a result, they can not participate effectively in promoting the Islamic financial industry. In addition, they suffer from a major flaw in the strength of the proposed solution: the effectiveness of this solution depends in principle on the good will of the parties. Faced with this dysfunction of state justice and amicable modes, the solution was sought on the side of arbitration. Indeed, arbitration is expanding dramatically in today's world to the point of becoming the normal mode of dispute resolution. This exceptional growth of arbitration can be seen in particular in economic and financial life. At present, this life has become inconceivable without arbitration. In the area of Islamic finance, arbitration as a mechanism based on freedom and will appears as the best way to take into account the specificity of this activity, the application of Shari'a in the field of the resolution of litigation. For this reason, this alternative dispute resolution method is perfectly suited to the demands of Islamic finance litigation and could contribute to the promotion of this sector of activity. Thanks to the advantages it offers to operators of Islamic finance, arbitration is asserting itself as the natural justice of disputes relating to Islamic finance. To strengthen the role of arbitration in the field of Islamic finance, a reform project was presented. This project aims to modernize arbitration in all its stages. From this perspective, the focus was on the arbitration agreement, the status of the arbitrator, the applicable law and the arbitration award. All this has been completed by the elaboration of a draft ethical charter of arbitration on Islamic finance. Once modernized and renewed, arbitration can become an essential pillar of the Islamic financial industry, effectively participating in the promotion of this activity. With fair, practical, effective, Sharia-compliant and responsive justice, Islamic finance is strengthened and consolidated
Housni, Mohamed. "La répression des fraudes en droit marocain." Paris 10, 1986. http://www.theses.fr/1986PA100067.
Full textThe repression of fraud in commercial activities has held an important place in Muslim societies. The moral law of the coran and the hadiths impose the imperatives of contract loyalty and denounce fraudulent methods used by the merchants to hide the faults in their merchandises. For the centuries the mohtassib played a very important role in the control of commerce, both before the sale and at the moment of sale. At the beginning of the 20th century, the traditional structures and particularly the practice of the mohtassib proved to be no longer sufficient. This appeared the dahir of October 14th 1914 which remained the force up to 1984, more precisely up to October 5th 1984 when the law, constituting today's reference text on the field of the repression of fraud, was promulgated. The texts relating to commercial fraud are articulated around two main axes with two essential goals. 1 the protection of the health of the public. 2 the loyalty in commercial proceedings as much vis à vis the honest merchants who should not be deprived by the unscrupulous practices of some of their competitions as vis à vis the consumers, very often impoverished by the intrigues of professionals. We have studied the infractions, sanctions and procedures specific to the Moroccan legislation arising out of what is contained in the dahir of 1984, and articles of the dahir of 1914 which were not repeated, underlining, when that appeared necessary to us, the contributions of the new law and comparing with French law. The last chapter is devoted to the regulatory texts related to the various categories of products
Salah, Jihed. "Le prix en droit musulman." Nice, 2008. http://www.theses.fr/2008NICE0044.
Full textThis subject consists in the analysis of the price under the Islamic law. The Islamic law is derived from the Noble Qur'an, first source of the law, at which we must add the "Sunna" or "prophetic tradition" and many "hadiths" or "extracts from the prophetic tradition. " The notion of price studied under Muslim law is a complex concept involving a double sphere, one commercial and one extra commercial. First, it seems clear that the notion of price is analyzed with regard to the law of business in general and to the commercial transactions taking place on the market. Indeed, in the Arabic language, the word price, refers to two distinct notions. It is often designated by the term “Thaman", literally "the estimated price”, and sometimes, by the word "si'r ", literally “price of market”. Secondly, next to the business law, and paradoxically, the notion of price is also present in various institutions, specific to the Islamic law, that belong to a sphere called extra-commercial. Such are the dowry, understood as the price of marriage, and the retaliation, understood as the price of private vengeance, or even the blood price. These are main examples among others. These concepts have, in this study, been considered like “prices” with regard to the Muslim specific institutions. Furthermore, the notion of price analyzed under the Islamic law, in the commercial sphere as in the non-commercial sphere, takes different forms. It can take the form of a payment in money or in kind, and even sometimes partly both of them. As we find rules applicable to the notion of price, in both, commercial and extra commercial spheres, and as they have several common characteristics, it is possible to speak, in a way, about a general theory of “the concept of price in the Islamic law”
Najjar, Nathalie. "L'arbitrage dans les pays arabes face aux exigences du commerce international." Paris 2, 2003. http://www.theses.fr/2003PA020019.
Full textZamzam, Abdel Moneem. "Les lois de police dans la jurisprudence étatique et arbitrale : étude comparée franco-égyptienne." Dijon, 2003. http://www.theses.fr/2003DIJOD002.
Full textIn the last few years, there has been an important change in private international law concerning mandatory rules. These rules raise a number of problems, which are very difficult to solve. As far as theory, legislation and doctrine are concerned, it is necessary to look into the problem of the identification of mandatory rules and of their enforcement. A comparative study of French, Egyptian and Muslim law can help us have a better understanding of mandatory rules and define their position in relation to the mechanisms of private international law. Are they used to demolish private international law or are they used, on the contrary, to safeguard the system of the conflicts rule?These questions must also be studied in relation to national case law. It seems to be all the more interesting to compare the position of the doctrine with that of case law in Egypt and in France (especially as regards the mandatory rules of a foreign State) as it is impossible to believe totally in its enforcement. Finally, according to arbitrators, the arbitrability of the dispute does not necessarily depend, contrary to what some authors have noticed, on the existence of a mandatory rule, but it rests on the notion of "libre disposition" laid out in article 2059 of the French Civil Code, whereas article 2060 of the selfsame Code seems to establish a useless requirement. Yet, the nature of the solutions relating to this field is obvious in French, Egyptian and Muslim law, even if Muslim law attributes to arbitration a wider domain than substantive law. Besides, the international arbitrator, in law or as an "amiable compositeur", selects, like the judge, the mandatory rules according to the following principle: Mandatory rules are applicable on the territory of the State on which facts are localized
Rahal, Ali. "L' exécution des sentences arbitrales dans les pays du Moyen-Orient." Paris 1, 2002. http://www.theses.fr/2002PA010258.
Full textBouleghlimat, Widad. "L'arbitrage commercial international dans les pays arabes et les principes Unidroit relatifs aux contrats du commerce international." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020013.
Full textInternational commercial arbitration is the Alternative Dispute Resolution (ADR) the most used in the world. Which contributes in particular to make the main actor of the diffusion of a-national rules as the general principles of law, usages of international trade, or the lex mercatoria, often chosen by the arbitrators as the law applicable to the substantive of the dispute. This choice was extended to the new rules developed by private international institutions such as the UNIDROIT Principles of International Commercial Contracts. A doctrinal codification conceived as a soft law instrument, which is increasingly applied in arbitration practice. Our study shows, however, that few awards rendered in cases in which one of the parties is Arabic made a reference to UNIDROIT Principles. The explanation is not to look for in an incompatibility between them and contract law in Arab countries but in the ignorance of this doctrinal codification by Arab jurists and lawyers. Added to this, a feeling of distrust a manifestation of soft law. It is therefore necessary to consider the ways in which the UNIDROIT Principles to find their place in the law and practice of the Arab countries
Amrani, Fayçal. "Analyse du partage des risques financiers dans un système bancaire islamique." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090059.
Full textWe analyze in this thesis the financial risk-sharing in an Islamic banking system. We build an analytical framework based on two provisions of Islamic law of contracts: the prohibition of Riba and Gharar. First, we analyze profit-sharing contracts, focusing on their role as an asset and their risk allocation. We also explain the dominance of mark-up contracts in the current practice of Islamic financial institutions. We then analyze the capital structure of Islamic banks, focusing on non-remunerated guaranteed accounts and their flexibility. We show the central place of the regulator in producing the necessaries conditions of good uses of these resources
Marson, Francis Zafindrandremitambahoaka. "Les sultanats musulmans à Madagascar : la filiation de la civilisation des échelles commerciales arabes et la survivance islamique dans certaines royautés malgaches." Perpignan, 2007. http://www.theses.fr/2007PERP0754.
Full textThis thesis shows that some moslem sultanates existed in Madagascar. It describes the political and social organization of the eight islamized kingdoms, especially antemoro, antanala, sakalava, antakarana, anjoaty, onjatsy, antambahoaka and antanosy. We are informed that these monarchies are governed by the descendants of the immigrants who lived in the arabian trading "echelles" implanted along the Malagasy coastline: the Zafikazinambo from Ambohabe agency are the Antemoro and Antanala ancestry; the Antalaotra from Langany agency for the Sakalava and Antakarana; the Rasikajy from Bimaro agency for the Anjoaty and Onjatsy; the Zafiraminia from Ambohitsara agency for the Antambahoaka and Antanosy. The Arabian cities had been occupied by colonists from differents countries and practicing distincts rituals. The islam "sunnite chaféite" has professed to Ambohabe and to Langany, the islam "shiite zaydite" in Bimaro, and the islam “shiite ismaélien” in Ambohitsara. This research results from the comparative analysis of the legal systems practised in these monarchies with the different moslem doctrines concerning the califat. It shows up that some sultanates existed to Madagascar and the eight islamized kingdoms are these extensions
Toumi, Kaouther. "Structure de capital, profitabilité et risques des banques islamiques." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10064.
Full textThe objective of this thesis is to study differences between Islamic and conventional banks. The principles governing an islamic financial system are different from the spirit of conventional finance. If in conventional finance, the standard that preside decisions is the optimization of the risk-return couple, this standard is neither the only nor the main decision criterion in the world of Islamic finance. The fundamental principles of Islamic finance are the prohibition of interest and the requirement of a certain ethic (transparency, fair distribution of profits, prohibition of speculation and excessive risk taking, etc.) in financial transactions. These features impact significantly the capital structure, profitability and risk profile of Islamic banks. We made the emergence of a conceptual framework that allows us to understand the capital structure and profitability of Islamic banks, with a review of theoretical and empirical literature. Theories mobilized are related, first to the theories of capital structure including the theory of trade off, the Pecking Order theory and agency theory, and second on the other theories related to profitability, including the theories of market portofolio. Econometric models (binary logistic regression, discriminant analysis and multiple linear regression) show that there are differences in capital structure and profitability between Islamic banks and conventional. These differences are explained by traditional determinants of capital structure and profitability. In addition, they are explained by the specific characteristics of Islamic banks such as the new agency relationships that are created in an Islamic bank. Islamic banks are exposed to displaced commercial risk, a specific risk in these institutions. This risk results from the Profit sharing investment accounts PSIA and occurs when Islamic bank does not provide sufficient returns to PSIA holders. The internal model proposed to quantify this risk is based on the VaR measure. The proposed measure of risk depends on the practices of Islamic banking in terms of retention of reserves and profit sharing with PSIA holders
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 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
Botiveau, Bernard. "Sharî'a islamique et droit positif dans le Moyen-Orient contemporain : Egypte et Syrie." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32007.
Full textThe legal systems of middle-eastern arab countries take on complex forms inherited from a legal tradition which has been reconsidered since the 19th century in view of continuous external contributions. This thesis has attempted to define the status and functions of islamic law in the legal systems of Egypt and Syria today, in regard to different factors : accumulated knowledge on islamic law; attainments which result from outside influences and codification; organization of legal institutions and the legal profession; and contemporary interpretations of legislative policies in both countries, in view of developments of family law and present debate about the application of islamic shari'a
Diop, Boubacar. "Droit des obligations et droit musulman." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMLH07/document.
Full textThe most various demands weigh upon mankind: of a moral or religious, social or political order, of a logical order. Demand in the shape of duty: towards deity, towards oneself, towards others. These obligations obviously do not fall within the province of the law. If the judicial is related to the normative, everything normative is not translated into law. The theme of the study:”Law of obligations and Muslim law” should not be perceived from the perspective of a parallelism that might exist between the two: that is to say a Muslim law of obligations which will be contrary to the law of classical obligations deriving from western legal systems, like the French one. The problem raised by the subject of this thesis is to know how countries proclaiming themselves of “Muslim law”, while greatly influenced by a western model, manage to create a hybrid law? In what ways, by which means, has Muslim law evolved? To answer these questions, it is interesting, if not necessary, to seek on a practical as well as a utilitarian level for the technical means which allow to combine the requirements of the moral rule with the constraints of contractual relations in general, of international trade and of modern economy
Mitter, Ulrike. "Das frühislamische Patronat : eine Untersuchung zur Rolle von fremden Elementen bei der Entwicklung des islamischen Rechts /." Nijmegen : Universiteit Nijmegen, 1999. http://catalogue.bnf.fr/ark:/12148/cb37683550p.
Full textGhasemi, Hamed Abbas. "De l'obligation d'information dans le contrat, etude comparee du droit francais et du droit islamique imamite." Rennes 1, 1998. http://www.theses.fr/1998REN11016.
Full textBelbesbes, Boujamâa. "L'influence du droit musulman sur le droit international privé marocain." Perpignan, 2002. http://www.theses.fr/2002PERP0417.
Full textThe influence of islamic law on Morroccan international private law clearly appears in the personal status. It affects as well nationality as conflicts of laws and show the gender inequality established by classical law at the level of national law. Studying the nationality, not only islamic conception of morroccan nation, this influence is translated by the impossibility of morroccan women to give her own nationality neither to her children nor to her foreign husband. At the level of conflicts of laws, this influence becames the protection of morroccan status and acceptance of morroccan law by foreign muslims
Graboy-Grobesco, Alexandre. "Droit de l'urbanisme commercial /." Paris : LGDJ, 1999. http://catalogue.bnf.fr/ark:/12148/cb36974738s.
Full textLouis-François, Jane. "Le crime de sang en droit musulman." Perpignan, 2002. http://www.theses.fr/2002PERP0423.
Full textIn the first part of the thesis, the components of the offenses of homicide and injury are studied. It emerges from this analysis that islamic law is mostly concerned with cracking down on the damage caused by the crime though the guilty intention is as well taken into consideration. The second part of the work deals with the proof and the sanctions of the offenses. Concerning the sanctions, the Muslim ruler seems not to have clearly decided whether to make them belong to the public or to the private field. Instead conditions relating to the application of the sanctions are clearly and strictly defined. Respecting these conditions should make it more difficult for the sanctions to be applied
Selmaoui, Hasna. "Le droit civil marocain : entre droit musulman et droit français." Toulouse 1, 2006. http://www.theses.fr/2006TOU10046.
Full textFall, Moctar. "La sanction pénale islamique en droit mauritanien." Perpignan, 1997. http://www.theses.fr/1997PERP0313.
Full textThe mauritanian legislator tried according to the penal code reform in 1983. To set up a harmonious synthetis between two systems inspired differently by the muslim law and the french law. Does this a effort of codification succeed ? May the mauritanian penal code be used as a reference for the other muslim countries. In the conceptual level the code used the classical muslim terminology. To do so the sentences called houdoud; kissas; diya and tazir. For the method of evidence it bring in some sentences used in muslim law for some infractions. For some sentences called tazir or other incriminations it is inspired widely by the french law. This synthetics of two legal systems may bring about some problems. Indeed there is an interaction ot legal philosophies (charia and french law) that at in two different religious and non-religious fields; that have also differed fundament and infraction sum two visions of the world the universe and the human being - to do so there is no convergence both kind of penal philosophies. The mauritanian legislator has to modernise the penal code by bringing in some social protection sets or principals
Mahamat, Seid Abazene Seid. "La monnaie dans l'usure en droit islamique." Perpignan, 1999. http://www.theses.fr/1999PERP0334.
Full textSabri, Abdelkrim. "La notion d'ordre public en droit islamique." Perpignan, 2002. http://www.theses.fr/2002PERP0415.
Full textThe test of the time alone will be able to give the measure of the efficiency of solutions chosen for an islamic public order. Utilities indispensables contemporary (the democracy, rights of the man and the liberty) weigh heavy on the islamic countries, for the moslem jurists, so attached that they can be to the islamic culture, it is not only about applying the compliant principles to rights of God and rights of men ; it is fist about that these principles are capable to defeat the religious despotism and politics and the under-development
Hekal, Ayman Abd El Hady Mohamed. "La prescription de l'action publique en droit français, droit égyptien et droit musulman." Paris 10, 2001. http://www.theses.fr/2001PA100207.
Full textThe positive law (French and Egyptien) and the Musulman law accepted the principle of the prescription of the public action. But the theory of the prescription of the public action in Musulman law is appointed « the no audition of the public action because of the prescription of testimony who drags prescription of the public action then». The positive law (French and Egyptien) and the Musulman law agrees concerning that the prescription of the public action. She won't have any effect on the nature of the criminal act or on the elements of the infringement, since his effect limits to the extinction of the public action or of no audition of this action. The prescription of the public action is founded in law French and Egyptien, on the [dépérissement] of the proofs, the sanction of the carelessness of public ministry, the presumption of the renunciation of public ministry, the incitement to the acceleration of the activity of the State, the punishment by the fear, the presumption of repenting and of the amendment of guilty, the change of the personal identity of delinquent, the lapse of memory, the preponderance of right and the stability of the legal element. But in Moslem right, the prescription found on the idea of doubt who carries on the depositions of witness after the out-flow of a while, because the witness could have forgotten a left some facts. That's why, the prescription of the public action in Musulman law is bound to the proof who then drags the prescription of the public action. She is a general principle but is not absolute. In the positive law and the Musulman law « in matter of Taazir», the prescription of the public action is a general principle because, she applies to all the same infringements the most serions. But ibis principle finds some exceptions in French law, Egyptien law and Musulman law. The prescription of the public action, in French law and Egyptien law, forbids to inflict al[ leaves pains to him charged. On the contrary in Musulman law, the prescription of the public action allows to submit it charged, after the expiration of right of pursuit, to some measurements of safety (for example the living interdiction or the extrusion). She lasted some time limits of the prescription of the public action in positive law are long that in Musulman law. The time limit is determined per one year or per six month or per one month. In Musulman law, the prescription of the public action could be suspended by some legitimate obstacles preventing the victim (the claimant) of doing exercises his action. Finally, the prescription, though she is again submissive to some imperfect rules, made proof of his utility and of his efficiency. She merit therefore of disappearing, but of having improven
Nehme, Chafic. "Les ruses juridiques en droit musulman." Paris 2, 1995. http://www.theses.fr/1995PA020128.
Full textEl, Amari Abdelkarim Lejosne Jean-Claude. "L'Expression du droit (en arabe, français et anglais) et les problèmes de traduction le cas du droit civil /." [S.l.] : [s.n.], 2001. ftp://ftp.scd.univ-metz.fr/pub/Theses/2001/El_Amari.Abdel_Karim.LMZ0103.pdf.
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
Paradelle, Muriel. "Des usages d'un répertoire normatif en politique étrangère : la place et le rôle de la sharî'a islamique dans la pratique internationale des états musulmans." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32024.
Full textAnalysis of the muslim states' international practice, mainly the practice of egypt, saudi arabia, iran, soudan, libya and pakistan, through the study of uses they make of the islamic law in the definition of their diplomacy. This study starts from a main question : do those states adopt a specific behaviour on the international scene because they share one same reference : islam, its law, culture and religion. Does an islamic diplomacy exist, which would be different from the other foreign policies with specific aims ? Through the political science and sociology of law theories, we would like to show the role and place of the islamic shari'a in the definition of a foreign policy
Sayed, Tabatabaei Chamseddine Mohammad. "Le témoignage en droit musulman chiite et en droit iranien." Perpignan, 2000. http://www.theses.fr/2000PERP0353.
Full textBouhart, Saïd. "La nullité du mariage en droit musulman." Perpignan, 2004. http://www.theses.fr/2004PERP0512.
Full textThis thesis treats the null wedding in islamic law. First define the concept of the wedding in islâm (nikâh) is essential. Indeed, this one contains some own caracteristics which distinguish it from all american and european law systems. Contrary to repudiation (ðalâq) and to the divorce pronounced by judges, nullity is one of the way to put an end to a wedding. The causes of a null wedding are former than the conclued wedding or occur in the same time. The null wedding is on principle retroactive. Therefore, it involves important juridical consequences because of its place in islamic law. Nevertheless, islamic law, like french law, contains some juridical ways to put out retroactives effects from the nullity
Zemmali, Ameur. "Combattants et prisonniers de guerre en droit islamique et en droit international humanitaire /." Paris : A. Pedone, 1997. http://catalogue.bnf.fr/ark:/12148/cb36696151q.
Full textEl, Hatimi Layla. "Les substituts du prêt à intérêt dans les banques islamiques." Perpignan, 2007. http://www.theses.fr/2007PERP0788.
Full textThe loan with interest, being regarded as illicit in Islam, the islamic banks use contracts in conformity with the moslems law in order to carry out the same double finality of the loan with interest which is financing customers requirements on the one hand, and the realization of benefits on the other hand. These contracts are multiple and can be classified in two main catégories : commercial contracts (mourabaha, salam, ijara, istisnaa. . . ) and participatory contracts (moucharaka, moudaraba. . . )
Koné, Mamadou. "Le nouveau droit commercial de la zone OHADA : comparaisons avec le droit français /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39105696h.
Full textRagab, Moustafa. "Le droit maritime musulman et sa place dans l'histoire du droit maritime." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32016.
Full textConstituted between the eight ant the tenth century the musulman maritime law is in the begining of most rules of the actuel maritime law. The musulman law is situated between the antiquity when the climate wasn't very favourable to the international trade and the middle ages when a kind of international maritime law was applied by all in the mediterranean area. During the high middle ages the musulman law was applied in the musulman world wich was expanding from india to spain. At that time the transactions between arabs and the navigators of the mediterranean maritime cities were subjected to the rules of musulman law. These rules were considered as mediterranean maritime customs and collected for the use of seafarers. In the middle ages the musulman maritime law had inspired the compilers of the rhodian sea-law, the rolls of oleron and the consulat of the sea. Down to the twentieth century, rules similar to these of the musulman maritime law concerning : freightage, carriage of goods, fouling genral average and the limitation of liability of ship awners were used in the mediterranean area. Nowadays, after a long series of international conpentions, the maritime law keeps the structure of its acient institutions, but the principles which govern the institutions have considerably changed. These conventions are in fact compromises which turn away from the foundation of the common law
Denizot, Christophe. "Droit civil et bail commercial." Paris 11, 2003. http://www.theses.fr/2003PA111008.
Full textAlrashidi, Husain Wiederkehr Georges. "La possession de la propriété immobilière en droit français et en droit koweitien à la lumière du droit musulman." Strasbourg : Université Robert Schuman, 2008. http://urs-srv-eprints.u-strasbg.fr/311/01/ALRASHIDI_Husain_2008.pdf.
Full textShishi, Amir. "La théorie de la contrainte du droit musulman au droit égyptien : contribution à l'histoire d'une institution." Toulouse 1, 2011. http://www.theses.fr/2011TOU10002.
Full textIslamic jurisprudence gave great importance to the subject of coercion exceeded to a large extent the other vices of consent. One of the most interesting aspects of Islamic law that dealt with coercion in the context of a general theory. This study has been able to address the issue of coercion in all its main aspects, addressing the three main aspects : the science foundations of Islamic law, that of Islamic jurisprudence and the Egyptian law and has not neglected the aspects of faith and the prophetic tradition. This study has revealed the existence of doctrinal legal theory of coercion in the Islamic jurisprudence and Egyptian law and has deducted general rules and major regulations, so that they form a Jurisprudential and clear theory. The study revealed that Egyptian law is consistent with Islamic law on many issues but diverge on others. Egyptian law is consistent with Islamic law to decide that the father can not force his children to marry against their will and to say that divorce under force is void. The Egyptian Penal code is consistent with Islamic law to exempt from punishment the person compelled to carry out the crimes of defamation, adultery, drinking wine and theft. Egyptian civil law differs from the opinion of the majority of Muslim jurists about the effect of coercion on the sale and contracts of its kind
Aguirre, Sádaba Francisco Javier Aguirre Sádaba Francisco Javier. "Al-Muqni'fī'ilm al-s̆urūṭ /." Madrid : Consejo superior de investigaciones científicas, Instituto de cooperación con el mundo árabe, 1994. http://catalogue.bnf.fr/ark:/12148/cb37079793q.
Full textMention parallèle de titre ou de responsabilité : Formulario notarial. Textes en arabe, introd. en espagnol. Bibliogr. p. 51-57. Index.
Taha, Mazin. "La prise en considération par le droit musulman des facteurs sociaux de la criminalité à l'égard de quelques délits : alcoolisme, fornication, vol." Paris 2, 1988. http://www.theses.fr/1988PA02T017.
Full textThis subject counts different points such as : the islamic fiqh, the crime phenomena and acts considered as criminal against the law, that is alcoholism, fornication, theft. The subject consists in studying in the muslim law the crime phenomena, and more precisely the study of three phenomena considered as crimes, in which we can discover the role of the individual, as well as the role of society and the influence of the later on the thought an behaviour of the human being
Al, Hendyani Khaled Jassem. "Le recours de l'assureur en droit français et en droit koweitien." Nancy 2, 1995. http://www.theses.fr/1995NAN20024.
Full textOn the basis of the simple observation that the insurer finances the indemnity that is paid to victims from the premiums paid by the insured party, the notion that, in certain cases, recourse can be instigated by the insurer against the perpetuator of the damage may appear somewhat curious. However, for numerous reasons, this recourse is permitted in both French and Kuwaiti law. It has even been on the increase, and can be instigated not only against responsible third parties but, on occasion, against the insured party itself. Nevertheless, doubtless because it reflects a rather conflicting conjunction of insurance law and liability law, the recourse of the insurer, in spite of the enshrining in law in both legal systems, gives rise to a great many difficulties. These can be grouped and discussed under three main headings: the principle of recourse itself, its scope, and, finally, its practical application. To undertake a comparative analysis of these questions as regards French and Kuwaiti law requires enlarging upon and detailing the legal nature of the recourse of the insurer as well as its framework. Although both legal systems are very similar to each other, the differences observed take on an even greater significance and call for explanations. The comparison can therefore be considered as beneficial, in some cases as regards the interpretation and appreciation of French law, but more importantly for the development of Kuwaiti insurance law as certain insufficiencies have come to light since its recent creation
Ouasmine, Aïcha. "La guerre Irako-Iranienne et le droit public : international ou islamique." Paris 4, 1994. http://www.theses.fr/1993PA040232.
Full textThe object of this thesis is to study the war between iran and irak from the viewpoint of public law whether international or islamic. The first part will be devoted to deal with the impact of the war upon the treatries. Mainly those vbetween iran and irak. Afterwards, islamic and international law will be dealt with on the ground of their interference and confrontation. Lastly, the generatinggfactors of the conflit will be examined. Along with their perception by bith belligerent states. The second part of this thesis deals with the legal analysis of the 3 aspects of the war on the grounds of land, naval, and air forces. Including the violations of the humanitarian rights (such as ill isage of prisoners of war, and use of chemical weapons). Last but not least the end of the war under the supervision of the u. N. O, just as its consequences in the post-war time will be dealt with
Taghipour, Bahram. "La responsabilité de l'arbitre (du juge privé) dans le droit du commerce international (droit français et droit comparé)." Dijon, 2013. http://www.theses.fr/2013DIJOD012.
Full textArbitration is a private justice for the settlement of disputes in the international trade. Arbitrator is a private judge. He accepts a judicial function by a contract. The arbitrator's contract is concluded between arbitrators and the parties of dispute. All (the) legal systems (common Law and civil Law) have been recognized this contract and the arbitrator's judicial function. But, the common law and civil law start from the opposite directions to determine the standard liability of arbitrators. In the common law world, an arbitrator (like judge) benefits a judicial immunity from civil liability. He is not liable for anything he does or omittes in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith or his resigning without authorization. But, in the civil law systems, like the French law, when arbitrators fail to obligations born of contract concluded wih parties of the dispute, the arbitrators have civil responsability like each contractor. But, when arbitrators fail to duties caused by judicial function, they have (like judge) a judicial immunity from civil liability unless they commit major fault, intentional fault or fraud
Husseini, Begdache Roula El. "Le droit international privé français et la répudiation islamique /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb388177627.
Full textMatri, Dorsaf. "Le capital risque islamique en droit français : analyse juridique." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010298.
Full textIn the space of 30 years, Islamic finance has become a full segment of international finance and has proved its value in the contemporary economy. The 2008 crisis and its dramatic consequences on the economic and business fabric raised attractiveness of Islamic finance transactions, in particular venture capital. The latter was created in the early 2000’s and consists in taking equity participations in unlisted companies that are considered compliant with Islamic ethics to finance their creation and startup. Thus, religious ethics and investment are indisputably linked. If the Islamic law requires ensuring a balance between financial partners, the investor is nevertheless subject to certain constraints. Indeed, the legal structuring of Islamic financial transactions obliges compliance with certain religious principles such as prohibition of speculation, hazard and any form of remuneration by interest. This raises the question of the acculturation of this model within the French finance. To this end, the main hypothesis of this research aims to analyze the adaptability of Islamic venture capital in view of its implementation in the French legal framework. Through in-depth analysis of the requirements of Islamic law and the framework of collective management in France, this study puts into perspective the legal structures that could provide the flexibility required to implement an Islamic venture capital transaction into French law. In addition to the economic benefits attached to the receipt of an activity with high added value, modeling a "French Islamic venture capital" could increase the attractiveness of the financial place of Paris by allowing the inclusion of a class of entrepreneurs and investors looking for ethical and cooperative alternatives for corporate finance
Allali, Ahmed. "L’accueil des opérations de crédit islamique en droit français." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100025.
Full textIn a legal system appear constantly new situations, technical, legal reports forged through practice or coming from elsewhere. Each system has a capacity according to its degree of openness to foreign contributions to accept them, to accommodate or to absorb them in the existing legal order.The techniques of Islamic financing are knocking at the door of the western law. They are rather already settled in English law and infiltrate slowly and not without difficulties to the French law, in particular through the workings of the freedom of contract and the internal categories.Should we let them cross the doorstep, as it is proposed in this Thesis: the door of a legal consecration?In the meantime, Islamic credit operations facilities in French law cannot be done without a certain risk of a kind of acculturation that could affect these operations by losing their nature and their spirit, without the implementation of certain requirements of the Muslim law of contracts. This latter remains firm and inflexible on prohibition of the credit remuneration by the mechanism of the interest on loan (riba), on prohibition of uncertainties and speculations (gharar) and onrequirement of lawful means. In the other hand, it is characterized by a greater openness and flexibility on contract form. The requirements of the Islamic credit may be enforced in French Law within the framework of a special contract of which the mechanism is close to the Islamic credit (real credit, participating loan). The parties can also, in integrating Islamic requirements, combine between several contracts, or create new contracts, and benefit from the freedom of contracts guaranteed by the Muslim and French law.The challenge of the reception of Islamic credit operations by French law lies on a successful marriage between substantial standards of the Islamic credit and the contractual forms of French law
El-Husseini, Begdache Roula. "Le droit international privé français et la répudiation islamique." Paris 2, 1999. http://www.theses.fr/1999PA020026.
Full textThe admission of islamic repudiation (talaq) by french private international law has known many ups and downs in half a century and given rise to numerous court decisions. Because of the presence in france of a very important muslim community of immigrants from the maghreb, french courts had to deal with innumerable cases of dissolution of marriage through the free and unilateral will of the husband. Hence it is interesting to get acquainted with this institution which arises from classic islamic law and has been integrated into the positive law of countries which admit it. This study attempts to analyse talaq in those legislations, its reasons, structure, adaptations and limitations, and to show that it is an act both semi-public and semi-private. The study, on the basis of recent doctrinal works in the field of "conflict of authorities" tries to qualify repudiation which ipso facto means determining the applicable system. After reviewing court decisions and especially those requiring that the act of repudiation should be in accordance with article 5 of protocole n0 7 of the european convention on human rights relating to the equality between spouses at the dissolution of marriage, an alternative method of admission is submitted. Based on belgian doctrine and case-law, this method separates the principle of talaq from its effects by subjecting them to different systems according to their respective natures. Therefore, the principle of talaq is subject to a specific flexible system which allows an admission of the principle of marriage dissolution while the pecuniary and personnal effects could be rejected if they appear to be shocking ; this enables the french judge to provide the divorced wife with the guarantees which french law would have granted her
Ben, Nasser Adel. "Conflits conjugaux et réponses judiciaires : le cas de la Tunisie : essais d'anthropologie juridique." Paris 1, 1998. http://www.theses.fr/1998PA010265.
Full textAs far as the personal status is concerned, the tunisian law tends permanently to answer to the implications of new social requirements. Then, trends of the jurisprudential creativity effort look like a relevant field of reflection, especially in a context that houses many normative patterns. Henceforth, a strategy of reciprocal compromise that becomes established between jurists and ordinary individuals at the time of conjugal conflicts resolution
MOHAMED, MENNA OULD CHEIBANI. "Contribution a la connaissance du systeme des banques islamiques." Paris 1, 1995. http://www.theses.fr/1995PA010050.
Full textIs the islamic bank (ib) like alla other banks, despite the fact that it does not use interest rates, or is it of completely different nature? it is like all other banks in that it is able to fulfill the same functions of financial intermediation, monetary creation, the transformation of payment dates and the provision of services. It is different from other banks in its juridico-islamique packaging. It has created new participatory techniques the moudaraba and the moucharaka - and commercial techniques - mourabaha sales. Moudaraba enables the ib to acquire deposits from clients seeking "legitimate" remuneration, in the form of profit-sharing or postponed interest rates. The other financial products are used to finance investment and the cycle of exploitation of economic operators. The future of this system will depend on its ability to adapt to its immediate banking environment, in particular the remuneration of lines of credit offered by correspondants and the remuneration of refinancing by central banks
Sadek, Wael. "Le régime juridique du nom commercial : étude comparative entre le droit français et le droit libanais." Lille 2, 2003. http://www.theses.fr/2003LIL20001.
Full textThe thesis is about the legal system of the commercial name : a comparative study between french and lebanese laws. The commercial name has been the subject of many violations in lebanon, particulary during the war. Given that the libanese legislation is inspired from the french legislation, a comparative study would be interesting in order to benefit from the french experience in that matter. The thesis is made out of two parts : the first part covers the legal definition of the commercial name. Many conflicts might result of the choice of the commercial name, especially with the informational and technological evolution. The different aspects of the conflict that might result of the choice of the commercial name are covered, namely the ones related to the brand's name and the domain's name. Then, are described the different forms of transfer of the commercial name, that have undergone a particular approach after the dedication of the property concept to the commercial name. The second part of the thesis covers the protection of the commercial name. .
Hassan, Musa. "Le developpement du droit administratif omanais." Paris 5, 1990. http://www.theses.fr/1990PA05D003.
Full textThe historical analysis demonstrates how the administrative law appears in the sultanate of oman by the interaction between islamic religion (ibadisme) and the politic specificity. Many factors are taken into consideration such as : the omani society, the geographical disparity, the governing system (imamat). All these factors contributed in the gradual emergence of the administrative law by keeping equilibrum between tradition and modernizm. Evidence is given about the whole administrative organization in oman settled since 1970 with the establishment of the modern state : laws, decrees, the governmental appareil organization, the public offices laws, the obligations and rights of public officials, the decentralization etc. . . In the conclusion some suggestions aiming at avoiding in the future the lacuna existing in the actual administrative law in oman