Dissertations / Theses on the topic 'Droit d'auteur – Domaine public – France'
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Dell'Olio-Delpech, Satchel, and Satchel Dell'Olio-Delpech. "L'exception de panorama : vers une redéfinition du régime des œuvres placées dans l'espace public." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/38290.
Full textSuite à la directive européenne 2001/29 le droit d’auteur français s’est doté en 2016 d’une nouvelle exception : la liberté de panorama. Celle-ci autorise désormais la libre reproduction d’une oeuvre protégée et placée dans l’espace public. Néanmoins le législateur français a adopté une exception au champ restreint par rapport au texte européen, ceci amenant à s’interroger quant à l’opportunité d’un tel régime. De plus, si l’insertion de cette disposition opère un changement de paradigme, elle doit toutefois trouver sa place parmi les exceptions déjà prévues dans le code de la propriété intellectuelle.
Following the European Directive 2001/29, French copyright law adopted a new exception in 2016: the freedom of panorama. This law now allows the free reproduction of a protected work placed in the public space. Nevertheless, the French legislator has adopted an exception to the limited scope of the European text, which raises the question of whether such a regime is appropriate. Moreover, if the insertion of this provision brings about a paradigm shift, it must nevertheless find its place among the exceptions already provided in the Intellectual Property Code.
Following the European Directive 2001/29, French copyright law adopted a new exception in 2016: the freedom of panorama. This law now allows the free reproduction of a protected work placed in the public space. Nevertheless, the French legislator has adopted an exception to the limited scope of the European text, which raises the question of whether such a regime is appropriate. Moreover, if the insertion of this provision brings about a paradigm shift, it must nevertheless find its place among the exceptions already provided in the Intellectual Property Code.
Héritier, Annie. "Genèse du patrimoine artistique : élaboration d'une notion juridique : 1750-1816." Lyon 3, 2000. http://www.theses.fr/2000LYO33013.
Full textGonon, Cédric. "L'utilisation d'oeuvres protégées sans le concours de l'auteur : contributions sur l'équité en propriété littéraire et artistique." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND002.
Full textThis PhD thesis deals with the link between the French copyright system and the principle of equity. The French copyright system should allow each of its actors: the author, the public and the manager of the work, to receive attribution pertaining to their role without being overly affected by the other actors' prerogatives. First, we shall study effects on the principle of equity within the framework of traditional exploitation, namely when the author confides the exploitation of his work either to a copyright collecting agency or to a publishing company. Influences on equity will be measured in the nature of the contractual relationship between the author and the copyright manager. Impact on equity will also be studied in cases of open artworks and open licences, such as Copyleft and Creative Commons licences. Next, we shall evaluate the influence on equity within the framework of copyright limitations. These limitations can be offset either by payment – such is the case with legal licences or remunerated exceptions – or by a restriction of their use. Unremunerated exceptions undergo rationalization; we shall examine both the means of rationalization and the rationalized exceptions from a point of view of equity. In the various cases of limitation, the impact on equity will be determined according to the relationship between the copyright owner and the beneficiary of the limitation
Choisy, Stéphanie. "Le domaine public en droit d'auteur /." Paris : Litec, 2002. http://catalogue.bnf.fr/ark:/12148/cb389475347.
Full textChoisy, Stéphanie. "Le domaine public en droit d'auteur." Paris 2, 2001. http://www.theses.fr/2001PA020011.
Full textArzul, Guy. "Le renouveau du droit du domaine public fluvial." Paris : Johanet, 2008. http://catalogue.bnf.fr/ark:/12148/cb41399729t.
Full textMasson, David. "Les droits patrimoniaux de l'auteur à l'épreuve de la communication au public : pour une nouvelle "cristallisation" des droits ?" Montpellier 1, 1997. http://www.theses.fr/1997MON10031.
Full textFourmond, Sylvain. "Occupations privatives du domaine public et droit des patrimoines : le droit des biens à l'aune de l'obligation réelle." Nantes, 2000. http://www.theses.fr/2000NANT4038.
Full textBeignon, Fabrice. "La notion de domaine public maritime naturel : recherches sur le caractère exorbitant du droit domanial." Nantes, 1998. http://www.theses.fr/1998NANT4010.
Full textCritics about the notion of public estate hit the one of natural marine public estate, since this very notion is still expecting consecration. Based on secular rules, we can see in it a caricature of the administrative law, imagined like a group of privileges of the public power and fairly reprove it. Except that, rather than real privileges, the study of this component of public property shows prerogatives in keeping with the logic of the administrative law, that must no longer be regarded as derogatory to common law. As a matter of fact, if this law has its own logic, with peculiar rules, this peculiarity does not automatically mean privileges because the met situations are themselves singular. Therefore the legal condition of natural marine public estate is proved shaded. Indeed the founder principle of this estate, stating that everything submerged by the flood is incorporated to it, is a heavy subjection for waterside estates. With threatened goods, the residents do not really have guarantees or claim. But the methods to register the flood reduce significantly the reach of this principle. The authorities own the whole competency to demarcate the estate. The boundary procedure is strict. Above all, this part of public estate is there first for people. The relative precariousness of the domanial possessions is the direct consequence of it. The state, as the authority of its protection, is bound to respect rules beyond the administrative convenience, in order to pay attention to guarantee the estate's integrity and availability. Directed by jurisprudence, the notion of natural marine public estate shows that law tries to adapt itself. Nevertheless evolutions are to be hoped so that the legal answer can be equal to the underlying values and let us see in this notion another thing than an obsolete and even useless institution
Rabant, Thomas. "La notion d'oeuvre de l'esprit." Paris 2, 2000. http://www.theses.fr/2000PA020050.
Full textGalopin, Benoît. "Les exceptions à usage public en droit d'auteur français." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111006.
Full textExceptions to copyright (or author’s right) are a set of situations which cut off into the exclusive rights of the author, whereas their definition should lead these to apply. Exceptions reveal the philosophy of a system of author’s right or copyright. French “droit d’auteur” provides for a closed set of purpose-specific exceptions, expressly and exhaustively listed in the law. They are construed strictly by the judge. The present thesis studies this French system of exceptions, its imperfections and looks for potential areas of improvement. While private copying usually concentrates the observers’ attention and comments, it seems useful to insist upon the other side of exceptions, the exceptions for public use, which, since they carry out the communication of the work to the public, encroach quite directly the authors’ privilege. When he envisions to create an exception, the French legislator is expected to exercise a “balance of interests” rarely studied by French doctrine. The first part of this thesis is devoted to this legislative balance of interests, and to the gap existing between what it should ideally be, and what the latest legislative works let appear of its reality. The second part of the study focuses on the implementation of exceptions. Firstly, their classical application, which conveys the function of texts interpretation by the judge in its most traditional features. Secondly, a new form of implementation, which appeared with the digital world: the regulation of exceptions. This phenomenon encompasses the safeguard of exceptions against protection of technological measures, as well as the application of the “three-step-test” by the judge
Poitevin, Christine. "Contribution à une définition du domaine des industries de la langue : l'élucidation des statuts juridiques." Paris 8, 1993. http://www.theses.fr/1993PA080861.
Full textThe automatic processing of the natural language spoken by humans has gradually become a field of industrial implementation. The concept of language industries indicates a set of activities aiming and having the natural language spoken or written by humans handled, interpreted or engendered by machines. These activities spread from research to trade going through the industrial development of products. But the necessary investements to the achievement of products in the field of language industries cannot be granted in a judicial environment that would not bring a satisfactory level of security. Therefore, law ought to provide a relevant response to the need of companies to be protected and should fulfil its regulating role. The products created by the language industries are unsubstantial goods and can benefit from the protection of copyright. These products are also complex computer creations that are made up of two distinct parts: a software part and a dictionary part. Each of its components is liable to be protected by a different right (the law of marche 17th 1957 for the dictionary part and the law of july 3rd 1985 for the software part). The response to the problem of the judicial status can only be brought after wondering if the products of the field language industries considered as a whole can be qualified as software
Garidou, Benoît. "Recherche sur la théorie de la propriété publique en droit administratif français." Toulouse 1, 2003. http://www.theses.fr/2003TOU10039.
Full textProposing today, after so many renowned authorities a research on Public Property in French administrative Law should not cause much surprise. A long time ruled by a strong finalist trend, public property has recently been the subject of theoretical and practical determining analyses. From now on, the prevailing idea according which public property is now a trust property has become a classic conception. Since the late nineties, property has been public because it is the property of public persons. Behind this outward evidence of such an innovation, there probably lies one of the most important progress in domanial contemporary thought. Therefore, studying the property of public persons must be from now on dealt with the almost care. As a matter of fact what matters today is no longer to doubt as the classics used to do when they wondered wether it appropriate to think about the originality of such property but to sharpen its meaning and its methods of study. As in many great innovation, this new theory must be clarified for fear of inviting in a more or less short run to some misguiding. If there can be found today some symmetry with the theory of private property such apparent parallelism must not have any inference on the heart of the subject. The risk for the future is to see public persons borrow the most antique juridical attire of the paterfamilias. If the question what is public property ? seems to be solved, the question of a public property what for ? which is quite as important will have from now on to hold our attention
Cottó-Gherardi, Valérie. "Entreprises publiques de service public et domanialité publique." Orléans, 2000. http://www.theses.fr/2000ORLE0002.
Full textLebois, Audrey. "Le droit de location des auteurs et des titulaires de droits voisins." Nantes, 2001. http://www.theses.fr/2001NANT4008.
Full textTerrier, Emilie. "Vers une nouvelle figure du droit d'auteur. L'affirmation d'une logique publique culturelle." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3008.
Full textThe fields of copyright and culture seem to be guided by different logics. French copyright law is known to be author-oriented whereas the cultural field is guided by public interest. The aim of our study however is to prove this assumption wrong by demonstrating that both of these logics tend to intertwine. The intangible resources are nowadays a major lever of public action. Reciprocally, in the copyright law system, there is an important dialogue between public interest and author-centered philosophy. The common interest dimension goes way back to the very creation of copyright law. The digital environment contributes, nevertheless, to the raising of new questions about the virtues of copyright law. Those structural movements have a major impact on copyright law. Rather than address the matter of the assertion of a cultural public logic in copyright through the conflicts that can be raised by the meeting of these normative fields, we want to demonstrate the appearance of a new copyright figure. The encounter between the public imperatives and the copyright law creates a new space within the copyright system itself. This hybrid space is composed of both private and public law
Clément-Fontaine, Mélanie. "Les œuvres libres." Montpellier 1, 2006. http://www.theses.fr/2006MON10037.
Full textFree works does exitst in practice, but it suffers from the lake of legal recognition that would allow its peaceable usage. This works is labelled "free" because anyone may access it and develop it freely. This may seem contradictory in the copyright protection system. Beyond the apparent opposition between the idea of sharing, characteristic of the notion of free work, and the principles governing the copyright, we can outline a fruitful coexistence, that participates in renewing our conception of authorship and creation. Many legal processes, both public and private, combine with the intellectual property regulations to organise the shared use of free works (international contracts and conventions, waivers, collective ownership, the public domain). It is nonetheless a crucial prerequisite to agree upon a unified definition of a free work, that can be stated thus : a piece of work that is evolutive, with multiple authors, as it is possible to copy, alter and broadcast it with no other restrictions than those necessary to guarantee these liberties
Moysan, Hervé. "Le droit de propriété des personnes publiques." Paris 2, 1999. http://www.theses.fr/1999PA020076.
Full textBrouant, Jean-Philippe. "Le régime domanial à l'épreuve de la valorisation économique." Paris 1, 1995. http://www.theses.fr/1995PA010294.
Full textEconomic valorization of the public domain has lead to profound mutations of public property law. Nevertheless, public domain still remains a space derogatory to common law. Rights of free entreprise, competition and operation have a weaker range than spaces subject to private property law. Buisnessmen rights - business, property, bankruptcy law - bump into public law implications. Therefore, public domain is not "privatized". However valorization implies a relaxation of some fundamental elements of public property law for the benefit of domain users, like the inalienability rule or the precariousness occupation one. Public property law mutations also affect public owners. The logic of valorization required a change of public domain management rules. However, relaxation of these rules must not obliterate the consequences of the administrations interventions on the economic market. Their powers allow a guidance and control of the public domain economic activities. French and e. E. C. Competition laws induce a careful use of these powers
Levasseur, Aurelle. "Droit de l'urbanisme et domaine de la ville médiévale : XIIIe-XVe siécles." Paris 2, 2008. http://www.theses.fr/2008PA020056.
Full textCarpi-Petit, Servane. "Contribution à une théorie des successions en droit administratif." Paris 2, 2004. http://www.theses.fr/2004PA020092.
Full textLegal persons may die, just like physical persons. Public persons are no exception to the rule and may either just die or have to be replaced and their mission taken over. But whatever the circumstances, a public person will always leave an estate to pass on. Fundamental rules governing the process appear to stem directly from civil law and usually involve devolution, transmission and disposal. Beyond that, however, the authority in charge of the succession will have to take into account the specificities of public property and more particularly of public domain. Moreover, the choice of heirs may abide by criteria laid down in civil law, fist because public person have non family, hence non legal heirs, also because testamentary successions have traditionally been prohibited in administrative law. One may thus identify two criteria in order to choose heirs when replacements are required, namely similarity of mission and geographical identity. In cases of straight cancellation, the criterium governing the restoration of assets to those who endowed the public person will be enough to see to the succession. Transmission is more akin to civil law, probably because it is merely a technical implementation of the modes of devolution, which does not require to take account of the specificities of public property. Finally, disposal and distribution will take place according to rules that are specific to administrative law and bear no relationship whatsoever with those applicable in civil law. This juxtaposition of rules has given rise to a consistent and specific law which can aptly be labelled as an administrative law of succession
Chamard-Heim, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics." Lyon 3, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098903.
Full textPlanckeel, Frédéric. "Indisponibilités et théorie du droit : contribution à la redéfinition du système juridique." Lille 2, 2004. http://www.theses.fr/2004LIL20009.
Full textThe nature of such established institutions as clauses of inalienability or public domain inalienability is still an enigma. This is due to the incompatibility of inalienabilities with the traditionnal foundations of property law. So it is out of the theory of law that a summa divisio can be observed whereas objective inalienability directly relate to the objective property, wich is assigned to its proprietor even towards third parties, subjective inalienability abolish only the power of the proprietor. These two models allow us not only to develop for the first time a general theory of inalienabilities, but also to show the essence of fundamental concepts of subjective property, objective property, legal capacity, personal right and real right. These concepts even prove to be in the heart of a logical and universal system : it transcends the legal system, while making up its technical substance, specified according to the own principles of every State. This setting of legal system to equation invites to reconsider all the technical concepts, and paves the way for a theoretical unification of the diverse national systems
Mynard, Frantz. "Droit domanial et formation du droit public fluvial (1669-1835)." Rennes 1, 2011. http://www.theses.fr/2011REN1G027.
Full textAs well as being a means of regaining legal ground in the Middle Ages, rivers under royal supervision were instruments of modelisation within the state system as much for the territorial make up and the setting up of borders as for the modes of administrative penetration. Contrary to received wisdom, the establishment of French laws governing the rivers of the Crown stems from a geography of sovereignty. From the beginning of the concept of “bien domanial par nature”, the introduction of public laws codified as early as the “Ancien Régime”, reveals the importance and the history of "matters of water" in the origins of the theories regulating the state property within administrative laws. Also the river system model pioneered a tradition unknown to the specialised lawyers and public law professionals who took part in the creation of the first classification nomenclatures and the rising systemization of administrative laws under the Restauration. This research proposes for the first time, at the turning point of survival, economic and defence stakes, a history of public laws on river
Tsimaras, Constantin. "Le régime constitutionnel du droit de propriété : France, Grèce, Portugal." Paris 1, 1998. http://www.theses.fr/1998PA010320.
Full textThe constitution protects an economic system through the protection of personal liberties and economic and social rigths. The deliberation concerning constitutional protection of property is closely associated with the deliberation concernig the caracter of the economic system as recognized by the constitution. The present thesis is devided in two sections. The first section attemps to determine,respectively, the contents of private property, public property and finally, social property. With regards to private property we will first examine aspects related to the constitutional right to hold property, followed by a close examination of property as a social institution with diverse social aspects and we will close our deliberation with its social dimension. In the next step we will proceed to study in depth, public and social property,their constitutional foundations, their respective constituent parts and the socialisation of production. The second section of the thesis is similarly divided into two subsections. In the first sub, section we examine the various forms of deprivation of personal property, such as expropriation and nationalisation, as well as respective forns of deprivation of public property, such as privatisation. We will then proceed in the second subsection to examine various methods of restricting private and public property without depriving it of its hard-core element. We will examine the overall framework of the aforementioned restrictions along with the width of such restrictions with regard to both private and publicly owned property
Le, Briero Sébastien. "Les eaux douces domaniales dans le droit français contemporain : contribution sur les rapports entre la protection de l'environnement et la domanialité publique." Phd thesis, Université de la Réunion, 1998. http://tel.archives-ouvertes.fr/tel-00575319.
Full textApsokardou, Eirini. "Le domaine de la loi et du règlement dans le droit des contrats administratifs." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020004.
Full textAccording to the case law of the Constitutional Council and the administrative courts as well as to some public law theorists, the definition of the rules governing the award and the performance of Government administrative contracts, administrative contracts of State-depended public bodies and public contracts of local authorities falls within the scope of the regulatory powers of Government. More specifically it is argued that public procurement law is part of the rules governing the procedure of administrative decision making and the organisation of public services which are matters traditionally reserved to the autonomous regulatory power. The lack of coherence within the legislative and regulatory sources of public procurement law is mainly due to the predominant role of regulations. Despite the latter’s consolidation by the French courts, the growing number of legislative texts intended to build a coherent set of rules in this field has become a source of complexity. The transformation of the sources of the law of administrative contracts in the last few years – including the Community law dimension – requires the prior intervention of the Legislature. Therefore, the provisions governing the law of public procurement contracts should necessarily be restructured. This could be achieved through the redefinition of the constitutional basis of legislative and regulatory powers in the field of public contract law and consequently through a new balance between law and regulation with the intention of safeguarding the predominance of the former. Drafting the rules on the basis of Article 34 of the French Constitution which enables the Legislature to define the fundamental principles of civil obligations will clearly contribute to a more coherent and systematic approach regarding the sources of public procurement law.. Should the powers of the Legislature be safeguarded, the regulations will then be confined to their usual role, which is secondary and subordinate to Parliamentary Acts
Petrou, Jessica. "L'évolution du droit d'auteur à l'heure du livre numérique : les conditions de développement d'un nouveau marché." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01E015/document.
Full textAfter the music and the audiovisual industries, it is the turn of the publishing world to start its digital revolution. The proper functioning of the cultural industries is based on a specific and old intellectual property law: the copyright. Economics usually identifies it as the guarantor of a subtle balance between the incentive for the creation of authors and good dissemination of their works. The emergence of digital technology modifies the economic environment in which copyright applies and therefore alters its traditional effects. This doctoral thesis in economics aims at seizing such new consequences on the book market in order to assess the relevance of copyright in its current form and its possible revision. The analysis of the two aspects of copyright shows that it does not produce the same effects in the market of digital books than in the traditional one: despite the decrease of economic constraints, the current legal framework remains rigid and challenges both the stability of author’s remuneration and the sound management of the dissemination opportunities on the digital book market. That is why we discuss some general principles applicable to an effective copyright and suggest some guidelines for the renewal of the copyright regulation allowing to seize opportunities offered by the digital technology both in terms of encouraging the creation and distribution of books
Leyte, Guillaume. "Domaine et domanialité publique dans la France médiévale : XIIe-XVe siècles." Paris 2, 1993. http://www.theses.fr/1993PA020060.
Full textThe purpose of this thesis is to show the origins of the public domain in medieval france, where the "edit de moulins", of 1566, is generally considered as the first statute declaring the inalienability of the crown lands. In fact, the glossators, much earlier than the 16th century, have established that the public possessions had a particular nature. The french monarchy has also tried to give a special juridic regime to her goods. In the towns too, streets, places, bridges are subject to public usage and utility. The first part of this work tends to analyze the notion of domaniality throughout juridic doctrine, royal legislation and jurisprudence, and town statutes. The second part shows how a specific regime is attached to public possessions, linked to public interest and public utility
Chouquet, Marine. "Le domaine privé des personnes publiques : contribution a l’étude du droit des biens publics." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40050.
Full textThe private domain of public entities, which is the ensemble of public possessions inopposition to the public domain, is facing a deep mutation. Criterias of definition of private domain are changing, which leads to the insertion of new elements in this legal field and to a redifining of its role in public properties classification. The private domain can not be perceived anymore as an heritage that the administration uses in a private capacity. It undeniably has a role for the general interest by granting incomes to its owners or by giving them supports to achieve their assignements. The growing number of hypothesis where assets of the private field are used to non-financial aims lead us to suggest a scale of public interests these usages can lead to. This scale is aimed to reconcile a profit-driven approach with public action other objectives. This is shown by the definition of the system of private domain, which gives much importance to the fonction of preserving the economic value of a public asset while opening up to a logic of protection of its public interests fonctions which are supported by its assets. The mutation of the definition of the private domain draws a new legal system by joining the search for an economic exploitation of public assets with its protection imperatives where the definition of the public domain fails. We can consider to extend this new legal system to the field of public domain to try to counter the crisis it isfacing
Chapier-Granier, Nadège. "Les aéroports commerciaux entre économie administrée et économie de marché : aspects juridiques d'une mutation." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40005.
Full textSavin-Le, Roy Carole. "La gestion des propriétés publiques naturelles du littoral." Brest, 2001. http://www.theses.fr/2001BRES5002.
Full textLaunched at first on the Mediterranean coast, the policy of acquisition of the most fragile spaces of the coast took its scale with creation of the "Conservatoire de l'espace littoral et des rivages lacustres" and the development of a right of preemption in the sensitive natural spaces. The public appropriation became, so, an essential modality of a policy of conservation of the seaside. The management of these spaces, which is the foundation of their acquisition, imposes however the definition to an adapted legal status. In the debate between public appropriation and servitude, the existence of a positive action of management is indeed, a decisive argument in favour of the public appropriation of the natural spaces. Agreed as all the means insuring the conservation and the renewal of sites, the management of the natural public properties of the coast also integrates, as possible, the organization of the opening of sites. These concerns and their conciliation find an answer adapted within the framework of the "domanialité publique". It is advisable however, in the absence of legislative precision on this question, to clarify the modalities of an annexation of spaces concerned in the "domaine public" as well as the applicable state-owned regime
Borges, Gouvea Barroso Wanise. "Elaboration et mise à disposition d'une base de données de documents de brevet tombés dans le domaine public." Toulon, 2003. http://www.theses.fr/2003TOUL0005.
Full textIn this work, we present the advantages of elaborating a tool that certainly will contribute to the technological and economical development of the brazilian enterprises, mainly the SMEs. This tool consists of a database that contains patent documents in public domain, i. E. , inventions that can be legally and freely explored, reproduced or improved by interested enterprises without payment of royalties because they are of public domain technology in the Brazilian territory, enabling technological and economical profits for the Brazilian enterprises and Brazil. We have traced the profile of the patent documents filed in Brazil through the database from the brazilian Trademark and Patent Office - INPI, and verified that the Office has documents from 1971 to the 2002, and about 250,000 patents documents, where, approximately, 140,000 (56%) are in public domain. This database contains inventions of all technological areas, and the biggest documental incidences occur in "human necessities" and "chemistry" areas
Masson, Romain. "La valorisation des biens publics." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100094.
Full textThis research aims to identify and define the concept of valorization applied to public properties based on its double foundation, the right to property and the proper use of public funds. This concept is based on two components, exploitation and disposal, which highlight the multiple forms of valorization : economic, social, environmental. These valorisation events renew the analysis in order to better understand the stake of the reform of the law of the public properties, the way in which the valorization has influenced this right and the evolutions to come. Thus, the approximation of state regimes has made it possible to soften and modernize valorization tools and the legal principles governing the public domain. This rapprochement should lead to a unification of jurisdiction for the benefit of the administrative judge. In addition, under the impetus of the valorization, new obligations are imposed on the public owners : competition of the public occupations, inventory of the properties, valorization of the future
Moritz, Marcel. "Les communes et la publicité commerciale extérieure : pour une valorisation environnementale et économique de l'espace public." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32039.
Full textAt the dawn of celebrating the thirtieth anniversary of a law which is its vault key, the law for external commercials accumulates a series of paradoxes, especially when it comes to a "local authority" approach. While public opinion is getting more and more sensitive to environmental protection, this imperative finds it difficult to assert itself. Certainly, writings make it possible to create local rules for commercials and give a large variety of repressive measures, but none of these possibilities is convincing. Unable to meet the requirements of environmental protection, the positive law doesn’t make it possible for local authorities to have an effective economical use either. Does it mean that combining an environmental and an economical development is an unachievable goal ? With a critical study of the applicable clauses and some reform proposals, we’ll try to prove the opposite
Haffani, Zbaïda. "Ports maritimes et concurrence." Nice, 2002. http://www.theses.fr/2002NICE0002.
Full textThe activity of seaports represents a major economic and financial stake for the state economy. The transfer of the international exchanges as well as the realization of the single market place all the European ports in a context strongly subjected to the competition. It supposes very strong quality constraints of the harbour service (time, reliability, safety). New harbour actors appeared from then on: the private actors who intervene more by acquisitions of holdings in the investment. The localization of ports on the public domain, and the constraints of the rules of the national state were so many obstacles to the development of the private investments. To remedy it, a reform of the national state was begun. Furthermore, the harbour policy is directly concerned by the policy of the competition and the policy of transport defined at the level of the European Union. Promote the harbour sector by a certain number of measures aiming at improving ,its global performances. These actions aim at improving the efficiency of ports, at raising the obstacles to the free provision of a service and at encouraging the improvement of ports and harbour facilities
Closier, Danièle. "La terre et la mer, les enjeux de la limite : France, littoral atlantique, XIXe-XXe siècle." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0157.
Full textThe limit between the land and the sea is a boundary between the private-owned property and the state property. From 1860 the limits between coastal areas and land territories have been disputed both by oyster-farming managers who wish to be granted a relative ownership of the public domain and also by local groups, most particularly by some mayors who claim to have a say in the future of « their coast ». This issue has called for adjustments to legal rules. It has been achieved by a new interpretation of the law after the necessary negotiations on a local and national basis and with the ones interested in the matter: the mayors, the residents, the industrials and the different ministries in charge. Ln the second half of the 19th century, the arguments developed by the law showed a true faith in progress and science, a wish for a social well-being and an attempt to lesser social inequalities, thus explains, by sides, the whole society at the time and the law history. Ln the 1970s, the legal rules were challenged by tourism and the practise of outdoor activities. It has been an opportunity to consider a turn in the legal rules and also to consider the future of the Atlantic coast developing into a tourist area and the necessary commitment of the civilian society. The principle of the common use of the coastal area is regaining favour and the residents are subjected to the contraint of leaving access to the sea on their private property
Pimiento-Echeverri, Julian-Andres. "Les biens d'usage public en droit colombien." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020025.
Full textRegulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce
Bouscau, Franck. "Les prés salés de la Teste-de-Buch en Aquitaine : contribution à l'histoire du domaine maritime du Moyen-Age à nos jours." Paris 2, 1988. http://www.theses.fr/1988PA020016.
Full textFarinetti, Aude. "La protection juridique des cours d'eau : contribution à une réflexion sur l'appréhension des objets complexes." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_farinetti_a.pdf.
Full textThe natural sciences have demonstrated the systemic operation of waterways through the concept of river hydrosystems. This reality contrasts with their traditionally fragmented legal comprehension, and requires an evolution in applicable laws to ensure the protection of rivers. This development has involved mobilizing instruments of public law (public river domain, police or easements) in order to restore the ecological integrity of waterways through legislation. A territorial framework adapted to the protection of the river hydrosystem could be sought through ecological networks or basin territories. From this reunified spatial base, the law has developed a more comprehensive understanding of the river hydrosystem. A growing number of actors are now involved in decision making, while the ensemble of waterway issues are considered through globalizing concepts such as balanced and sustainable management of water resources and their operational extensions that are the planning instruments or financial and fiscal tools. Such developments have permitted the building of a legal arsenal dedicated to protecting river dynamics and the biodiversity it generates, but also capable of protecting cultural river heritage
Auda, Elodie. "La mise à disposition d’immeubles de l’Etat au profit des universités. Etude critique d’un système de gestion de biens publics décentralisé." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0015.
Full textThe putting at disposal is a legal system enabling French State to authorize some of his institutions to use his immovable properties for general interest. This system permits to share rights and obligations of the proprietor concerning his possessions. It can be applied indifferently to public or private estate of the State by using procedures of allocation, transfers of endowments or covenants for use and it represents a dispensatory way of administration of public propriety and domain. The putting at disposal is an accessory of functional decentralizing and tightly linked to the administration by the State. In estate matter it transcribes decentralizing logic and aims to balance between patrimonial dependence and autonomy of national public institutions face to their administrative supervision. This system reveals its originality in the decentralizing of the public service of university education and research. As well as functional decentralizing did rationalize the institutional relationship, very complex for centuries, between State and universities the putting at disposal tries to balance patrimonial links which have always been convoluted. It confers to universities a part of rights and obligations incumbent to proprietor concerning national estate but grants them some autonomy in administrating this property. But the universities are still dependant on the State who, regarding the low resources of these institutions, remains proprietor of the major part of estates dedicated to university public service. Our critical analysis of the system of putting at disposal, its mode of enforcement and its evolutions aims to deliver an innovating approach of the relationship between universities and State which is characterized by the link of dependence/autonomy. For institutional concern today everybody agrees that universities’ autonomy towards the State is necessary in order to individualize, modernize and energize the public service of university education and research. But there is uncertainty regarding the estate problem. The purpose of a critical study of putting at disposal so consists in evaluating the degree of balance between the notions of dependence and autonomy attempted or eventually feasible and its consequences on the patrimonial relationship between State and universities. Now, in this context, the efficiency of the system can be contested. Founded on a minimalist theory it gives free rein in practice to a vast number of interpretations, circumventions and even misappropriations which lead to a fluctuant estate administration and a misbalanced patrimonial relationship. Despite reforms its implementation does not fit with the recent logic evolutions of the administration of public estate. In fact the budgetary crisis implies questioning about public administration and ownership of public domain dating from the end of the 19th century. The putting at disposal reveals to be a complex legal implement. It is marked at once by the stakes of modern administration of public estate, by the specificity of the dispensatory law which reigns in this matter as well as by contemporary debates about university statutes, the way of organizing the public service and new means of public organization in the context of French administration
Voizard, Karl-Henri. "L'Etat culturel et le droit : approche juridique des interventions culturelles de l'Etat en France." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020038.
Full textThis thesis assumes that legal analysis should enlighten the global meaning of cultural actions of the State. Beyond the wide variety of objects concerned, rules composing law oncultural activities of public authorities show common features. Their review shows that principles they follow draw the outlines of a figure: the one of the cultural State. The demonstration is organized in two phases. It is first shown what legal mechanisms are concerned when conventional means of cultural interventions of the State are focused tostrengthen national cohesion: the State produces institutions in order to link people withculture and unite around it. In the same time, it protects the property and agents necessaryto assure these institutions in the long term. It is then shown that the State reforms and cultural law changes did not really bend the initial logic: the legal forms of action are certainly more nuanced, but they change the State culture more than they challenge it
Sainson, Amélie. "La domanialité publique à l'épreuve de la décentralisation." Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCF003/document.
Full textDecentralisation and public ownership are two distinct notions that are, a priori, related in only a limited manner. The relationship between them is all the weaker in that public ownership has contributed to the construction of the State and is historically and intrinsically linked to its unitary nature. The transfer of property that comes with decentralisation and, more particularly, the principle of compensation has, however, resulted in a number of changes to the regime governing publicly owned property that is transferred, inevitably leading to a reassessment of these relationships. The revision of the rules set out in France’s ‘general code on public ownership’ less than two years after the end of Act II confirms the impact of decentralisation on public ownership and the presence of mutual influences between these two notions. However, there is only an indirect link. The unitary nature of the State means that the latter is a common denominator to both notions and sits at the summit of the triangle of influences connecting it to the regime of public ownership and decentralisation. Changes in ownership resulting from decentralisation have always occurred under the control of the State, as the latter is able to use public ownership as a tool in either decentralisation or reunification. Changes to public ownership do not therefore trigger any major disruption to the regime, but merely alter the conventional, unitary and overprotective perspective of public ownership. These changes contribute to modernisation and the implementation of a more functional regime, reconciling the traditional imperatives of protection with the more recent requirements for valorisation
Fleutiaux, Johann. "Pour une réforme du statut de la copie privée en droit d’auteur." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020045.
Full textThe private copying’s faculty, admitted for a long time and contained in article L. 122-5 of the Code of Intellectual Property, is presented by the majority doctrine as an exception to copyright. It allows a person to duplicate a work for his personal use without having to seek the prior consent of the author and it is illustrated in two cases : the copy for his personal use made by the owner of a copy, which is easy to admit ; and the one made by a third party, including a borrower of the copy, which is also required. It is observed that private copying, because it does not make a communication to the public, must be considered as being outside the field of copyright, which finds here one of its limits. Recently, the legislature considered that, due to the evolution of the techniques, the private copy entailed a prejudice for the author. He has provided compensation to compensate him. Then, it was confined to the only copies of lawful source, while were reprimanded the copies of illicit source. But this penalty is poorly lived and little applied. And the lack of remuneration is unfair for the author. It would be good to remove the distinction between lawful and unlawful private copying. Compensation would then be extended to all private copies and the repression’s burden of unlawful private copying would be dispensed with. In the same time, it should be admitted that the author limits the number of private copies by contractual means, especially by using digital rights management, but without being able to totally prohibit this private copying’s faculty for the user
Gustan, Teyssa. "La sécurité juridique et les plages." Thesis, Antilles, 2015. http://www.theses.fr/2015ANTI0008/document.
Full textThe management of the public domain is the root of recurrent problems affecting regional and coastal development, as well as environment al protection including notably the beaches. It Would be obvious to think that the measures taken to maintain a control over the real estate and heritage site put at the authorities disposal were effective enough to enable the carrying out of their mission, but the statements of fact is that the current regulation concerning the maritime public domain and especially the beaches, is not what was expected of it, that means a sufficient juridical security. The real issue is to show firstly, that the legislation concerning the beaches is confronted to a legal insecurity, then demonstrate that the regulation is becoming difficult to master because of the complexity of rules, as well as their tricky transposition in the overseas departments due to the insular nature of these regions. The consequence is the darkening of the law which leads inevitably to its inefficiency. The purpose of this study in to show that this juridical insecurity is worse in the overseas departments, to put also in evidence the ineffectiveness of the rules concerning the exploitation of the beaches, in order to clarify this juridical mess
Rochette, Julien. "LE TRAITEMENT JURIDIQUE D'UNE SINGULARITÉ TERRITORIALE : LA ZONE CÔTIÈRE. ÉTUDE EN DROIT INTERNATIONAL ET DROIT COMPARÉ FRANCO ITALIEN." Phd thesis, Université de Nantes, 2007. http://tel.archives-ouvertes.fr/tel-00172410.
Full textLouis-Sidney, Marguerite. "Régularisation foncière de l’occupation sans titre de la propriété des personnes publiques dans les collectivités territoriales de l’article 73 de la Constitution." Thesis, Antilles, 2019. http://www.theses.fr/2019ANTI0498.
Full textUntitled occupancy infringes the property rights of public persons in their public and private domains. These are recurrent facts in the local authorities of Article 73 of the Constitution: Guadeloupe, Martinique, Guyana, Reunion, and Mayotte. To curb this illegal occupation, which is the vector of legal and land insecurity, notwithstanding the infringement of their property rights, these public persons carry out land regularizations focused on the issuance or validation of a title of property for the benefit of untitled people of their public domain, including the fifty geometric steps zone, through legal arrangements, and their private domain, through local arrangements. However, the question is: are these regularization procedures appropriate to definitively respond to Parliament's objective of curbing untitled overseas occupation in local authorities of Article 73 of the Constitution and, on the contrary, do they not constitute the legitimization of an infringement on the property rights of public persons? Given the persistence of untitled occupation overseas, it would be appropriate to move from unequal land regularization to public interest land regularization, better regulated. Land regularization is a necessary limit to the right of ownership, the basis of which is in the will of the owner, in the public interest, or even in the public utility. Backed by respect for human dignity and the right to dignified housing, it leads to an improvement in its tools, and contributes to the emergence of a real right of land regularization overseas