Dissertations / Theses on the topic 'Droit coutumier Droit coutumier Famille'
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Vieux, Serge-Henri. "Le Plaçage droit coutumier et famille en Haïti." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37595230r.
Full textJacob, Robert. "Les époux, le seigneur et la cité : coutume et pratiques matrimoniales des bourgeois et paysans de France du Nord au Moyen âge /." Bruxelles : Facultés universitaires Saint-Louis, 1990. http://catalogue.bnf.fr/ark:/12148/cb35455351q.
Full textGadiaga, Cheikh. "La concurrence des systèmes juridiques en droit sénégalais de la famille : les coutumes, le droit musulman et le droit positif." Paris 1, 2011. http://www.theses.fr/2011PA010326.
Full textNyangui, N'Na Santia Mariel. "Le droit gabonais de la famille entre tradition et modernité." Perpignan, 2014. http://www.theses.fr/2014PERP1163.
Full textGuéraud, Luc. "Contribution à l'étude du processus coutumier au Moyen Age : le viage en Poitou." Rennes 1, 2007. http://www.theses.fr/2007REN1G006.
Full textThe study of the "droit de viage et de retour", inheritance system bas-poitevin, questions the formation of the customary law in the Middle Ages from the Xth to the XIIIth century. This practice, which transfers the noble inheritances at first to the brothers of the same generation, before making return for the elder, son of the elder brother, is born in the powerful family of Thouars. The strength of this house was, contrary to the others who practise the collateral devolution, to maintain the memory of this transmission. The unique practice so became a common usage. The submission with the seigneuries bas-poitevines also allowed its spreading to establish a customary strait. The political power appears as constituent of the custom. The XIIIth century is finally going to allow the normative consecration of the practice and its technical modalities are going to become refined. The evolution of the structures of the lineage, of the memory and political, more than the influence of the legal science, so led to dedicate the viage in custom
Dzeukou, Guy-Blaise. "Le juge entre coutume et loi dans le droit de la famille : essai sur le pluralisme juridique au Cameroun." Paris 1, 2002. http://www.theses.fr/2002PA010259.
Full textCherfa, Fatima. "La médiation familiale en droit français et en droit algérien." Thesis, Mulhouse, 2017. http://www.theses.fr/2017MULH9858.
Full textThis research is viewed as a comparative study between the French legal system and the Algerian legal system regarding the family mediation. As a conclusion of this work, the observations and reflections are articulated around 4 axes: The first axis is the study of the role that mediation embodies as a tool for resolving conflicts in the French legal system and the Algerian legal system after a reminder of its foundations and factors explaining its emergence. The second axis concerns the legal status of mediation and enlightens the importance of its development in a very different way from one legal system to another. The third axis is related to the advent of a child's right which requires the intervention of the judge to establish his status on a more solid basis than the one of today’s family. The fourth axis emphasises on how the application of conventional law deals with situations of international family conflict related to the abduction of children from the marriage of mixed couples. It is in this context that private international law was approached to highlight the contributions and specificities of the two rights
Prum, Rithy. "La place de la coutume en droit de la famille cambodgien : le couple." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30037/document.
Full textThis research aims to study the construction of the Cambodian Civil Law through the Civil Code of 2007. This Cambodian Civil Code has been the result of the combination between its own custom and Romano-Germanic Legal Systems.Through history of Cambodian legal system, we observe that the Cambodian Civilization has always been a traditionnal civilization. Khmer Tradition is the result of the mixture between two religions (Hinduism and Buddhism) and the belief of souls (Animism). To date, This tradition still exist and become a corenerstone of the Ancient Khmer Law.Regarding to the Camobodian Family Law, the Custom has always shown an important role as compared to the substantive law in Cambodian society, even after the Civil Code has taken effect in 2012. It’s necessary to analyze the role of Custom regarding the new positive law in the Family Law field, including torque training and particularly the management of goods and torque succesorale liquidation
Tounkara, Dianguina. "La famille, les normes, l'Etat : Essai sur l'émancipation de la femme malienne." Paris 10, 2011. http://www.theses.fr/2011PA100099.
Full textFifty years after Mali got independence, the legislator is still looking for a Family Code. The French legislator had tried before him during the colonial times, without much success. They both in turn have had to answer the question of which place to give to the customary or religious rules in the laws concerning family. There’s actually a strong opposition in Mali between those who think that the legislator should subordinate the family laws to the customary or religious rules and those on the contrary who think that the legislator should submit the customary or religious rules to the laws. At stake is nothing less than the emancipation of Malian women. Subordinating the laws to the customary or religious rules or choosing the other way around leads indeed to very different consequences: in the first hypothesis, women will be under the guardianship of customary or religious rules ; in the second one, women will be freed from this corpus. What is the right solution to emancipate Malian women? In order to find it, this work begins with an analysis of the existing rules concerning family and shows that they put the Malian women under a heavy burden. It also interrogates what should happen and builds up some propositions leading to the emancipation of women : those propositions are related to different paradigms like constitutionalisation, internationalisation, fundamental rights, judicial dialogue
Ntirumenyerwa, Gakuru Georgine. "Le statut juridique du conjoint survivant en droit successoral congolais." Paris 1, 2012. http://www.theses.fr/2012PA010275.
Full textKitoko-Ngoma, Emmanuel. "Le droit des successions au Congo." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020094.
Full textAll the time and in all societies when man accesses a job, he organizes his life to acquire movable and immovable property. In order to enjoy his life and then to bequeath to his heirs after his death. In CONGO the law to succeed to the deceased is first governed according to the customs. In the northern part, inheritance was passed on the basis of patriarchy recognized children as heirs. Whereas in the south the matriarchy was practiced, children was considered as foreigner to their father, they were excluded from the succession. These rules have survived the influence of the colonizer, after independence Congolese had a choice between the customary law and modern law. But this duality has been a source of difficulties. With a view to social cohesion the Congolese legislator unified the law of succession in the public law 073 of October 17, 1984 concerning family code. We will treat this subject in three parts: the first part will examine the provisions for the devolution of the estate, the second part will analyze the rules that govern the transmission and liquidation of the estate. Finally the third part will show the problems encountered in the implementation of the Code of Family
Bokolombe, Bokina. "L'influence du modèle français sur les codifications congolaises : cas du droit des personnes et de la famille." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10031/document.
Full textThe French Law has exercised significant influence on Congolese codifications; the most outstanding example is no doubt civil codifications. In reality, the Congolese legal system once based on the unwritten customary law made on multiple customs and community behaviours received through the Belgian colonization, with some adjustments, the Napoleonic Code that the Belgium has therefore received from Napoleonic conquests. This Code is also always applied in Belgium. But after the Congolese’s national independence, political power had wanted to replace the colonial Code which was the mentality and Congolese customs but still incomplete. Furthermore, the legislative work initiated on the part relating to the rights of persons and the family, which led to performing in 1987 of the Family Code, had advocated the use of the right traditional (authenticity). However, apart from the integration of a few customary institutions, this new Congolese Code is the modern fundamental (imperative of development). In fact, it renewed and even amplified the French law that associated others European rights and African postcolonial. But today, this Code has definitely aged; what might therefore be the best remedies to more valuable ? _______________________________________________________________________________________
Barro, Mamadou. "Le droit matrimonial en Côte d'Ivoire 1901-2012. Entre unification législative et résistances coutumières." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0002/document.
Full textThe inefficiency of the positive law in Africa is considered as one of the underlying reasons of its underdevelopment and/or of its development malaise. The state of lawlessness that prevails in Côte d’Ivoire in marriage-related issues appears to be the case in point, being one of the most instructive and globalizing within the correlations between legal order and development in its widest sense. As a matter of fact, like in all of the former French colonies of French West Africa block, Côte d’Ivoire’s legal (at least, in a positivist sense) system is a product of its colonial past. Therefore, the legal systems in all these young African states are naturally inspired by the French law, through the channel of colonial law. However, Côte d’Ivoire’s solution differs from most of those of its fellow regional states. The new Ivorian government opted for an outright alignment of their law and the legal system with that of the former colonizer. For the civil law, this translated into the adoption of the French Code of 1804, taken for a token of development and social revolution, at the expense of countless civil customs considered to be incompatible with the new constitutional order and nation-building. Out of this political will of assimilation and legal unification - that has been ongoing in Côte d’Ivoire since independence - was born a true conflict of norms. On the one hand, a state law, especially in matrimonial matters, is prevalent but still strives to take root. On the other hand, civil customs that are still attractive bite into the credibility of the official law
Kebede, Habtemariam. "Le droit coutumier éthiopien." Paris 2, 1992. http://www.theses.fr/1992PA020011.
Full textFirst chapter in the first chapter i study the fetha-nagast "the book of justice of the king" which was written by three hundred and eighteen learned persons gathered by the emperor constantin, the kelate wich corresponde to the writs or unjections of english customary law of the judges, decisions of arbiters, condemnations and execution of judgments including the law of retaliation, prison law, and finally, the procedure of inquiery called lebaschat and afersata. Chapter two persons according to ethiopian customary law, the foundation of famil derives from a totaly primitive conception : however ti recognises the concept engagement, marriage, divorce and adoption. Chapter three successions ethiopian customary law recognises the right of inheritance according to the different system of the various ethnic clusters. Concerning property law, the ownership of land is identical to other countries of the world, and is named "rest"
Valls, Ramounet. "Le droit coutumier gitan : approche catalane." Perpignan, 2007. http://www.theses.fr/2007PERP0786.
Full textThe purpose of this study is to highlight originality of lifestyle gipsy Catalan, conditioned by the customs must be respected by all the people claiming their affiliation to this society. Indeed, if at first glance one would think that this society is organized so anarchic, the survey carried out within this people has demonstrated that in reality, this is not the case. The rules that members of this people respect since the dawn of time have to essential object to preserve the cultural cohesion of the group. To support this demonstration, this thesis is articulated in two parts: The first part concerns the customary law intra Community, represented mainly by the family law, people are composed in the facts that a multitude of families claiming a common identity. The second part is the customary laws governing social relations extra allowance, represented, for in their relations within the framework of their professions, partly in their relations with the institutions, such as education or national democratic institutions of this country. For example, can we make a stone supplementary to the building of tolerance and mutual respect
Deumier, Pascale. "Le droit spontané /." Paris : Économica, 2002. http://catalogue.bnf.fr/ark:/12148/cb377441954.
Full textSihaka, Tsemo Ernestine. "Droit pénal traditionnel au Cameroun et problématique d'une nouvelle conception du droit pénal africain." Université Robert Schuman (Strasbourg) (1971-2008), 1989. http://www.theses.fr/1989STR30006.
Full textThe void created by the lack of a general theory for african law was one major reason which lead us to question ourself about a real knowledge of traditional penal law in Cameroon and the problematics for a new conception of african penal law, proceeding from a personal investigation experience in Cameroon, Senegal, Mozambique and Burkina Faso, as well as an afrocentric theoretical perspective and scope. Therefore we found it necessary to review a certain number of eurocentric theoretical approaches, insofar as it seems quite impossible to carry on, on a scientific basis, a study of the african traditional penal system without a due knowledge of the african social formations in their his torical and cultural continuity through space and time. Thus, we have attempted to grasp some of the main characteristics and features of the african judicial systems and traditional penal law: its foundations, basic values, the principles of judicial organization and procedures, etc otherwise, we have analized some of the main factors of change during the colonial and post-colonial eras, the consequences and limits of tho se changes, trying also to reflect upon the objectives and means for a new african criminal policy, based on the most positive values, rules and principles still deeply and strongly rooted in
Laidani, Amar. "Le droit coutumier kabyle pendant la colonisation française." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD035.
Full textThe main topic of our dissertation is the analysis of the phenomena of the codification and the reform of the Kabyle customary law which took place during the French colonial era.The codification and the reform are two keywords of the colonial law history of the french Second Colonial Empire. Kabyle’s customary law (droit coutumier) was the result of the codification of Kabyle’s customs that was made by a soldier, Adolphe Hanoteau and a judge, Aristide Letourneux. The result of this codification was a treatise of three volumes entitled La Kabylie et les coutumes kabyles. This customary law was officially recognized by the french colonial legislation by means of Article 2 od the Decree of August 29, 1874. This official recognition of Kabyle customs creates a special legal status, the Muslim indigenous ruled by Kabyle’s customary law. The Kabyle’s customs codified by the military were subsequently reformed by the civil regime. The first customs that have been reformed was the chefaa, followed by the guardianship of the Kabyle minors through the decree of the 01 June 1902 and the Kabyle’s customs in matters of divorce and inheritance rights of Kabyle women though the decrees of May 2nd and 19th, 1931.Our thesis is divided into two parts. In the first part, we have described the reason of the codification of Kabyle’s customs. We focused on the policy of the Arab Bureaux in Kabylia and the way in which the kabyle customs were written in the work of Hanoteau an Letourneux, entitled La Kabylie et les coutumes kabyles.In the second part of the thesis, we focused on the period of the civil regime (1871-1931) and the case law as well as the legislation that reformed the Kabyle’s customs regarding chefaa, guardianship of minors and the status of women. A final chapter is dedicated to the analysis of the postcolonial heritage of the French colonial legislation in the Algerian legal system during the years 1962-1975, as well as in the current French overseas law in Mayotte and in New Caledonia
Laidani, Amar. "Le droit coutumier Kabyle pendant la colonisation française." Doctoral thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/40134.
Full textNotre thèse a comme sujet l’analyse des phénomènes de la codification et la réforme des coutumes kabyles qui ont eu lieu pendant la colonisation française. La « codification » et la « réforme » sont deux éléments clés du droit colonial du Second Empire colonial français. Le droit coutumier kabyle a été le résultat d’une codification des coutumes kabyles qui a été menée par un militaire, Adolphe Hanoteau, et un magistrat, Aristide Letourneux. Cette codification a pris la forme d’un ouvrage en trois volumes, intitulé La Kabylie et les coutumes kabyles. Ce droit coutumier a été officiellement reconnu par la législation coloniale française par le biais de l’article 2 du décret du 29 août 1874. Cette reconnaissance officielle des coutumes kabyles a eu comme effet la création d’un statut juridique particulier de droit privé, celui de l’indigène musulman régi par le droit coutumier kabyle. Les coutumes kabyles codifiées par le régime militaire ont été par la suite réformées par le régime civil. La première coutume à avoir été réformée a été celle de la chefaa (retrait successoral), suivie par la tutelle des mineurs kabyles par le biais du décret de 01 juin 1902 et par les coutumes kabyles en matière de matière de divorce et droit successoraux des femmes kabyles à travers les décrets du 2 et du 19 mai 1931. Notre thèse s’articule autour de deux parties. La première partie est intitulée « invention du droit coutumier kabyle », dans laquelle nous avons décrit les raisons qui ont été à l’origine de la codification des coutumes kabyles. Nous nous sommes concentrés sur la politique menée par les Bureaux Arabes en Kabylie et sur la manière dont les coutumes kabyles ont été rédigées dans l’ouvrage d’Hanoteau et Letourneux, intitulé La Kabylie et les coutumes kabyles. Dans la deuxième partie intitulée « la réforme des coutumes kabyles », nous nous sommes concentrés sur la façon dont la législation et la jurisprudence du régime civil ont réformé les coutumes kabyles en matière de chefaa, de tutelle des mineurs et de statut des femmes pendant les années 1871-1930. Un chapitre final est dédié à l’analyse de l’héritage postcolonial du droit colonial français appliqué en Algérie au sein du droit algérien durant les années 1962-1975 ainsi qu’au sein de l’actuel droit français d’Outre-mer à Mayotte et en Nouvelle-Calédonie.
The main topic of our dissertation is the analysis of the phenomena of the codification and the reform of the Kabyle customary law which took place during the French colonial era. The codification and the reform are two keywords of the colonial law history of the french Second Colonial Empire. Kabyle’s customary law (droit coutumier) was the result of the codification of Kabyle’s customs that was made by a soldier, Adolphe Hanoteau and a judge, Aristide Letourneux. The result of this codification was a treatise of three volumes entitled La Kabylie et les coutumes kabyles. This customary law was officially recognized by the french colonial legislation by means of Article 2 of the Decree of August 29, 1874. This official recognition of Kabyle customs creates a special legal status, the Muslim indigenous ruled by Kabyle’s customary law. The Kabyle’s customs codified by the military were subsequently reformed by the civil regime. The first customs that have been reformed was the chefaa, followed by the guardianship of the Kabyle minors through the decree of the 01 June 1902 and the Kabyle’s customs in matters of divorce and inheritance rights of Kabyle women though the decrees of May 2nd and 19th, 1931. Our thesis is divided into two parts. In the first part, we have described the reason of the codification of Kabyle’s customs. We focused on the policy of the Arab Bureaux in Kabylia and the way in which the kabyle customs were written in the work of Hanoteau an Letourneux, entitled La Kabylie et les coutumes kabyles. In the second part of the thesis, we focused on the period of the civil regime (1871-1931) and the case law as well as the legislation that reformed the Kabyle’s customs regarding chefaa, guardianship of minors and the status of women. A final chapter is dedicated to the analysis of the postcolonial heritage of the French colonial legislation in the Algerian legal system during the years 1962-1975, as well as in the current French overseas law in Mayotte and in New Caledonia.
Voell, Stéphane. "Das nordalbanische Gewohnheitsrecht und seine mündliche Dimension /." Marburg : Curupira, 2004. http://catalogue.bnf.fr/ark:/12148/cb39298239b.
Full textMalignon, Jean-François. "Théorie générale des droits spontanés objectifs." Paris 2, 2000. http://www.theses.fr/2000PA020005.
Full textTorrione, Henri Abi-Saab Georges. "L'Influence des conventions de codification sur la coutume en droit international public /." Fribourg (Suisse) : Ed. universitaires, 1989. http://catalogue.bnf.fr/ark:/12148/cb37662990c.
Full textMayali, Laurent. "L'exclusion des enfants dotés en droit savant et en droit coutumier au Moyen-âge." Montpellier 1, 1985. http://www.theses.fr/1985MON10005.
Full textMuttenzer, Frank. "Déforestation et droit coutumier à Madagascar : l'historicité d'une politique foncière /." Genève : Institut universitaire d'études du développement, 2006. http://www.unige.ch/cyberdocuments/theses2006/MuttenzerF/these.pdf.
Full textCahin, Gérard Simon Denys. "La coutume internationale et les organisations internationales : l'incidence de la dimension institutionnelle sur le processus coutumier /." Paris : A. Pédone, 2001. http://catalogue.bnf.fr/ark:/12148/cb38801576q.
Full textBibliogr. p. 715-776. Index.
Maisel, Sebastian. "Das Gewohnheitsrecht der Beduinen : der Stellenwert von Urf in den Rechtsvorstellungen tribaler Gruppen im Norden der Arabischen Halbinsel /." Frankfurt am Main : P. Lang, 2006. http://catalogue.bnf.fr/ark:/12148/cb40244330c.
Full textGnoundou, Yolande. "Les sources du droit privé au Gabon." Nancy 2, 1988. http://www.theses.fr/1988NAN20011.
Full textThere are two sources of private law in gabon: the first one, called traditional law was dominating homogeneously before the colonial occupation. It founds its authority on the ancestral tradition. It changes from an ethnical group to another. The second one, called modern law, was enforced by the french colonizer, but resistances of the traditional law have appeared, particularly in family relations, forcing the colonizer to agree in this field a dualism of standards. The independant gabonese state first opted for total acceptance of this dualism; then, regarding for equality and legislative unity, it has undertaken reforms, but customary laws are still resisting to reformes on marriage, on consanguinity in lineal descent. So, what is the future of the gabonese private law? two legislative polities are possible: either to define principales for influencing the ineluctable evolution of the society, or to let things go their own way and to suffer this evolution. Both of these attitudes seem to be ineffectual for elaborating a realistic private law. It is up to the judge to reconcile traditional and modern laws according to the economic and social evolution. Such a gradual application of the law must let enough time for changes to get a firm footing in the mentalities and to the legislator to set up coherent and unvarying laws
Cahin, Gérard. "La coutume internationale et les organisations internationales : l'incidence de la dimension institutionnelle sur le processus coutumier." Nancy 2, 1998. http://www.theses.fr/1998NAN20013.
Full textThis thesis intends to analyze systematically the growing effect of international organizations on the customary process, and specifically the extent in which the institutional context deeply modified nowadays the conditions of birth, existence and disappearance of the international customary rules. First, this effect produces an enlargement of the material sphere of these rules: on the one hand, they are concerned with the relational society, governing, not only the traditional interstate relations, but these, too, of international organizations, between themselves and with states; on the other hand, these rules are a matter for the functioning and the life of international organizations, analogous to constitutional custom or conventions of the constitution. Next, this effect tends to a relative objectivity of the customary process, favoring its appraisal, in the course of three stages, at each of which the effect of the institutional dimension is evaluated. A first part of this work illustrates the increasing diversity of the authors and the elements of practice, and the more formal process of its structuration and generalization. This thesis shows in its second part how the international organizations tend to generate more easily customary rules, facilitating their identification in texts of codification, and refining the criteria and space-time conditions of normativity. The third part of this thesis considers the impact of international organizations on the juridical effects to custom, in space-time dimension (opposability and longevity), then in their intensity: the institutional factor revels in this respect the gradual subordination of the customary rules of the organization to the constitutive treaty, the authority of custom being itself much more depending on the jurisdictional function relating to international
Ali, Amir. "L'assimilation juridique du statut personnel mahorais." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1016/document.
Full textThe study examined the question of assimilation status Mayotte staff. It allowed especially to elucidate the process of substitution of the Civil Code of rules to local legal institutions initially Islamic and customary gasoline. While significant progress has been made over the past decade. Nevertheless, there are still gray areas that require imminent legislative action so that light be shed.Indeed, the right can not be satisfied uncertainties. For efficiency, it requires the articulation of clear principles. The rules must be clear that it poses to rule out any risk of arbitrariness. This is a prerequisite to facilitate the work of the judge to ensure compliance. It is also an armor with which each individual can wrap himself to feel safe. The legislator must be able to guarantee these basic needs own to found harmony in society. This journey through the maze of assimilation status Mayotte staff, was also an opportunity to discover the revival of this concept, and crisscross the horizon that presents itself. A now supported for the legislature, to explore all potential and restore its true meaning
Laurent-Bonne, Nicolas. "Les donations entre époux : doctrine, coutumes et législation (XIIe-XVIe siècle)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020064.
Full textImmediately following the juridical renaissance of the 12th century and the rediscovery of the Justinian codification of Roman law, medieval jurists were committed to creating a general principle prohibiting donations between spouses. As early as the first half of the 13th century, however, civil law experts and canonists modulated the restrictions, thereby moving from strict prohibition to a simple system of revocability. French practitioners, responding to requests from married people concerned to protect their surviving spouse, contributed to weakening the constraints of Roman and canon law; promissory oaths, renunciation clauses and donations through an intermediary comprised such contrivances, which were sometimes even improvised and fraudulent. Despite this long doctrinal slide and the palliatives drawn up by notaries, such interdictions persisted over a long period of time in most territorial legislations, redrafted and repeatedly reformed according to the standards of Roman law from the high Middle Ages to the beginning of the modern times
Acquarone, Daniel. "La coutume : réflexions sur les aspects classiques et les manifestations contemporaines d'une source du droit." Nice, 1987. http://www.theses.fr/1987NICE0017.
Full textRouquette, Rémi. "Le régime juridique des langues en France." Paris 10, 1987. https://hal.archives-ouvertes.fr/tel-01441582.
Full textDespite the variety of languages in France (with overseas territories) and Anglo-American threats against French language, French public law does not make up a consistent system. In great expansion, this law presents some very old aspects and some modern ones as well, as language seems become a more and more legal matter. After recalling the main historical and linguistic data, the author studies legislative, executive unwritten law and case-law of French and minority languages (regional languages, migrant's languages, Esperanto, Latin, Romany, the deaf's sign language) from the Villers-Cotterêts ordinance (1539) to now. Besides legal methods, he employs administrative science techniques the author analyzes the weak role of international and European institutions, the fundamental one of state institutions (departments, French academy, French language general board, terminology committees, regional languages and cultures council) and the development of local community poles (overseas territories and Corsica specifically) in spite of the inadequacy of administrative dividing lines. Then, he studies the rules governing relations between languages (in official use and in the mass media
Nguia, Banda Alfred. "Justice étatique et justice coutumière en matière pénale au Gabon : existence, réalités et perspectives." Montpellier 1, 2000. http://www.theses.fr/2000MON10074.
Full textRuiz, Fabri Hélène. "Sur quelques aspects de la théorie de la coutume en droit international contemporain." Bordeaux 1, 1989. http://www.theses.fr/1989BOR1D011.
Full textInternational custom appears to be destabilized under the twofold effect of the diversification of its formal manifestations which is a cause of uncertainty due to its modes of realization ; and of the calling into question of its content which casts doubts on this source of law. However, its important contemporary use must not be ignored. Given this, the durability of international custom's basic characteristics with its adaptation to the evolution of surrounding factors, leads to the strengthening of custom
Sleiman, Hani. "Le droit coutumier face au droit de l'Etat, crimes et sanctions région de Baalbek-Hermel : étude ethnojuridique." Paris 7, 1985. http://www.theses.fr/1985PA07A004.
Full textWarembourg, Nicolas. "Guy Coquille et le droit français : Le droit commun coutumier dans la doctrine juridique du XVIè siècle." Lille 2, 2005. http://www.theses.fr/2005LIL20022.
Full textFor humanist legal experts of the 16th Century, the concept of French law (droit français) expresses the idea that the legal order of the kingdom is unfamiliar to the universilistic system of jus commune. This justifies the rejection of Roman law as common law and gives rise to the search for a Customary common law (droit commun coutumier). This expression is unknown to the jurisconsult from Nièvres, Guy Coquille (1523-1603). For him, the customs of provinces are the " true civil and common law of French " (" vray Civil & Commun droit des François "). However, the notion of French law (droit français) is expressed through his work as a critic. The customs of Nivernais are interpreted in light of more universal legal principles, thus acting as a veritable common law with its origins in provincial customs. Conceived in a context influenced by legal Humanism, this type of Franch law (droit français) nevertheless requires classical methods of interpretatio juris, adapted to provincial customs
Ngoli, Mouckoda Nancy. "Le droit à la justice au Gabon face aux dérives de la coutume." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC046.
Full textThe right to justice in Gabon, which has taken various forms over time and space, is not always perceived as the right of an individual who believes that he has been wronged, to bring the allegations of his claim before a trial judge. In fact, some individuals, particularly in the family environment of the couple, stand up as judge and party in disregard of the legal principle of fair justice which exclusively empowers the competent judge in the course of a proceeding to determine the validity of a claim. It is in this context and given the attachment of the alleged litigants to a deviated custom, that an interest has attracted the attention to the question of the right to justice in Gabon in the face of customary abuses, particularly in the relationship of the couple and their families. Through this reality which suggests a gap between what the law provides, its perception by the populations and the use that they make of it, a discussion was conducted to find out how to achieve a real social fear of the positive law?This led on the one hand, to apprehend the drifts of the custom at the stage of the important events of the life of the couple. And on the other hand, to search for what the justice in Gabon says about these phenomena. Thus, after analysis of these data, suggestions were made at the end of this thesis work to reflect on the need for a right in adequacy between its theory and its practice
Hannikainen, Lauri. "Peremptory norms (jus congens) in international law : historical development, criteria, present status /." Helsinki : Lakimiesliiton Kustannus, 1988. http://catalogue.bnf.fr/ark:/12148/cb373828424.
Full textDjame, François-Narcisse. "Contribution à l'étude des usages et de la coutume en droit administratif camerounais." Paris 12, 2004. http://www.theses.fr/2004PA122002.
Full textThe importance of the legislative source in Cameroonian Administrative Law, inclines one to think that there can be no room in this discipline for usages and customs. The present study proposes to show that this view of thinks must be abandoned. This study proceeds for the first time to the knowledge of usage through its caracteristics, and reveals that, in certain litigations, the administrative judge solicits a customary rule generated by usage, to which no text refers. By recognizing a validity to custom by the fact that he limits himself to apply it by stating the law, the Cameroonian Administrative Judge reveals that, despite the marginal space reserved to custom, it is not utopian to raise it to the rank of a formal source of law, in administrative law
Merlin, Jean-Baptiste. "Le droit des peuples autochtones à l’autodétermination : contribution à l’étude de l’émergence d’une norme en droit international coutumier." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100008/document.
Full textAs a result of a long customary process, indigenous peoples today count as one of the holders of the right of peoples to self-determination. The existence of the right of indigenous peoples to self-determination (the norm or standard) as a principle de lege ferenda first appeared around 1980, and this right has now completed its path into lex lata as a norm of customary international law, as suggested by an in-depth analysis of the two elements of the customary process. The customary process under examination here has its roots in a distant past. It accelerated from the 1970s onwards due to its institutionalization within the United Nations. The drafting process of the United Nations Declaration on the Rights of Indigenous Peoples and its final adoption by the UN General Assembly in 2007 constitute important steps in the accession of the standard under consideration to full normativity. The UN institutional framework contributed to consolidate the consistency of this process. Analyzing the customary process also compels to determining the foundations, content and scope of the customary norm as well as it principles of application. In particular, this involves an examination of the specificity of the standard under consideration in comparison with the rights of national minorities as well as its relation with the question of secession. These aspects are indicative of the emergence of indigenous peoples as a particular segment of the category of peoples in international law, resulting in a contextual application of the right of peoples to self-determination in order to safeguard or restore indigenous integrity
Damtsas, Spyridon. "La Pratique comme source de droit dans le cadre du système des Nations-unies." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594153w.
Full textLemonnier-Lesage, Virginie. "Le statut de la femme mariée dans la Normandie coutumière : droit et pratiques dans la généralité de Rouen /." Clermont-Ferrand : [Paris] : Université d'Auvergne, Presses universitaires de la Faculté de droit de Clermont-Ferrand ; [diff.] LGDJ, 2005. http://catalogue.bnf.fr/ark:/12148/cb40155607z.
Full textGuéraud, Luc. "Contribution à l'étude du processus coutumier au Moyen âge : le viage en Poitou /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2008. http://catalogue.bnf.fr/ark:/12148/cb414064910.
Full textKemink, Friederike. "Die Tegreñña-Frauen in Eritrea : eine Untersuchung der Kodizes des Gewohnheitsrechts 1890-1941 /." Stuttgart : F. Steiner, 1991. http://catalogue.bnf.fr/ark:/12148/cb35584974k.
Full textHermet, Alexandre. "La convergence des pratiques conventionnelles internationales : Étude du rôle des traités dans la formation de la coutume." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020037.
Full textThis study seeks to highlight the different rationales which lead to the identification of an international customary rule on the basis of the convergence of international conventional practices. This assumption has been expressly accepted by the International Law Commission in 2018 in its draft conclusions on the determination of customary international law. It has held that "[t]he fact that a rule is set forth in a number of treaties may, but does not necessarily, indicate that the treaty rule reflects a rule of customary international law" (Conclusion 11, para. 2). To carry out this study, two aspects of customary rules are distinguished: on the one hand, their content, that is to say the behaviour they prescribe, and on the other hand, their legal bindingness, that is to say their quality of rules of law. The influence of conventional provisions is indeed different in these two situations: as regards the substance of the custom, this incidence is certain but varies according to the abstraction of the conventional statements in question. By contrast, as far as the legal value of custom is concerned, it is necessary to go beyond the principle of relative effects of conventional commitments so that they can attest to the existence of a customary rule
Laugier-Deslandes, Sophie. "Les méthodes d'interprétation du juge français face au droit international." Paris 1, 2001. http://www.theses.fr/2001PA010282.
Full textMondzo, Jean-Claude. "La justice coutumière au Congo-Brazzaville : à partir de l'exemple du Twere chez les Mbochi de nos jours." Perpignan, 2002. http://www.theses.fr/2002PERP0419.
Full textAccording to several writers, justice is the basic virtue of any society. Without that institution, there would be but dissoluteness and licencious. In "Mbochi" land (Congo), the running of customary justice is totally incumbent upon dignitaries called "Kani" and "Twere". In comparison with magistrates educated in western schools, the "Kani" and "Twere" (thanks to initiation to traditional customs) have a better command of the customs which are adapted to their social organization. Justice rule in "Mbochi land" is more based on psychological than material facts. The death of a teenager for example is always considered as the work of a sorcerer. Thus, to protect the whole family from any threat, people resort to divination practises. Once the sorcerer has been unmasked, he is systematically sentenced to death. The basic rule in "Mbochi" customary justice is the restoration of the social balance between the human being first, and then, between the living and the forefathers. Because of the weight of tradition, people rarely sue their relatives in Congolese civil courts. They also have a motto : "Not to wash one's dirty linen in public". As things are constantly changing, the "Mbochi" customary justice is likely to lose, shortly, its notoriety to the state civil courts. Thus, to ensure the equality of all the citizens in the eyes of justice, Congolese lawmakers should take into account those particular aspects of customary justice
Balguy-Gallois, Alexandre. "Droit international et protection de l'individu dans les situations de troubles intérieurs et de tensions internes." Paris 1, 2003. http://www.theses.fr/2003PA010320.
Full textBayekola, Milandou Christian Parfait. "L'union conjugale au Congo de nos jours." Perpignan, 2005. http://www.theses.fr/2005PERP0618.
Full textThis survey intends to analyze the congolese legal concerning the family law and the state of people. Congo has known two opposite legal systems for a long time. On the one hand customary law existed, and on the other hand the modern law was inherited from the french colonizers. However, the proclamation of the congolese family code in 1984 put an end to this legal dualism while instituting a unique and uniform western-inspired law. This new congolese law turned into a failure because it is completely disconnected from society's reality. Isn't the congolese conjugal union a true illustration? If the 1984 legislator initiative to harmonize the various local laws is laudable, the method is questionable. The effectiveness and the applicability of this new congolese law must be written again so that all the different laws can be taken into account; it is also necessary to ban the other causes of the modern law refusal such as "ethnic parentalisation"
Falkowska, Martyna. "Entre conformisme et émancipation: le juge pénal international face à la coutume et aux principes généraux." Doctoral thesis, Universite Libre de Bruxelles, 2017. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/249496.
Full textDoctorat en Sciences juridiques
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