Dissertations / Theses on the topic 'Droit de la consommation'
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Auroy, Benoît. "La consommation de l'infraction." Thesis, université Paris-Saclay, 2021. http://www.theses.fr/2021UPASH001.
Full textThe offence’s consummation is a term very familiar to the legal community, especially those interested in criminal sciences. However, the legislator has never been bothered to define it. What does this notion precisely mean? What is its usefulness? At first glance, the offence’s consummation is opposed to the attempt to designate the full constitution of the offence. It would thus be nothing other than the gathering of the constituent elements of the offence. This opposition between the consummation and the attempt is nevertheless not absolute, as illustrated by a recent decision of the Cour de cassation, in which it states that an attempt is consummated. The first could be the object of the second. This new reading of the consummation is thought-provoking, since this notion proves to be much more uncertain than it seems. Evoked in a single expression within the Penal Code, the consummation seems to have been abandoned by the legislator in favour of other expressions, such as the offence’s commission. This is to be regretted, as its role proves to be quite fundamental. In addition to constituting, in principle, the threshold for the triggering of penal repression and to cause the irreversibility of the act, the consummation influences the scope of application of punishable complicity or the spatial and temporal location of the offence. It is also a determining factor in the implementation of the non bis in idem principle and in the implementation of the rules determining the resolution of laws’ conflict, the prescription of public action and recidivism. Faced with all these issues, a substantial new light on the notion of consummation was therefore needed. If the example of foreign law could invite us to see it as a simple moment in the life of the offence (precisely when it becomes irreversible), such a presentation must be set aside. Because by expressing the perfect correspondence between the facts and the text of incrimination, the consummation appears as the link between the fact and the law; between the facts and the offence they constitute. It leads us to see in the offence not only a body composed of the incriminated facts (the corpus delicti), but also the life that animates it. But through the consummation, the offence is not only just born. It will also exist. In doing so, the consummation enables it to reach its perfection, its ideal, its aim : to generate the criminal responsibility of its perpetrator
Payet, Marie-Stéphane. "Droit de la concurrence et droit de la consommation." Paris 9, 2000. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2000PA090001.
Full textPayet, Marie-Stéphane. "Droit de la concurrence et droit de la consommation /." Paris : Dalloz, 2001. http://catalogue.bnf.fr/ark:/12148/cb376606081.
Full textBureau, Hélène. "Le droit de la consommation transfrontiére." Montpellier 1, 1998. http://www.theses.fr/1998MON10006.
Full textCross border relations have considerably increased in recent years, leading to a corresponding multiplication of disputes in this area. Now if an unbalance between a consumer and a profesional exists within a national context, this unbalance is all the more magnified in a cross border context. Rules covering conflict of laws and concurrence of jurisdictions enable the consumer wishing to take his action to court to determine the governing law and jurisdiction which will settle the dispute. These rules, however, are complex and difficult to enforce. In oroder to be effective, therefore, consumer protection must be viewed from a collective point of view. State authorities in charge of fraud prevention, but also consumer associations and self-disciplined bodies have at their disposal more adequate means to protect european consumers, who are the moving forces of european consumers, who are the moving forces of european construction
Duponchelle, Marie. "Le droit à l'interopérabilité : études de droit de la consommation." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010286/document.
Full textToday, interoperability should be formally recognized as a consumers' right: it meets their needs to control their data, and to interconnect their digital tools. This right should be enforceable against publishers of software and digital contents, considered as passive subjects. However, the current legal corpus, which actually only comprises a pre-contractual information requirement and an obligation not to obstruct interoperability, does not allow for an effective implementation of this right. It therefore seems necessary to make proposals for the revision of existing texts, which would preserve a balance with the protection of copyright and related rights. First, with regard to the information requirement, the changes should be aimed at a systematization of pre-contractual information regarding software interoperability, implemented by the passive subjects of law. Second, with regard to the obligation not to obstruct interoperability, proposals must aim at the establishment of a real obligation to act, with respect to the implementation of interoperability, in two ways : a requirement to use open and unprotected data formats ; the establishment of a strict liability to ensure an effective implementation of interoperability
Lucas, Olivier. "Pour un droit processuel de la consommation." Rennes 1, 2000. http://www.theses.fr/2000REN10405.
Full textLeroux-Campello, Marie. "Les sanctions en droit de la consommation." Electronic Thesis or Diss., Paris 2, 2018. http://www.theses.fr/2018PA020079.
Full textMultiple sanctions respond to violations of consumer law. These sanctions are perceived as essential tools for the respect of this right. However, their proliferation and their derogatory nature from ordinary law are frequently denounced. Over-criminalisation, primacy over bad faith on the part of consumers, automaticity, intrusion by the judge into the contractual sphere, would achieve their legitimacy. The instrumentalization of sanctions would lead to their confusion and general distortion. The criminalisation of civil sanctions and the trivialisation of criminal sanctions are particularly criticised. But is this double movement systematic ? This work aims to provide a more nuanced response. Abstracting from the protection offered to consumers requires certain adjustments. Understanding the essence of sanctions then becomes necessary in order to identify those that participate in a misuse. Some sanctions will thus be rehabilitated. Others, on the other hand, will be condemned. After having measured the misuse of consumer law sanctions, it was essential to put them in order. Many proposals were then formulated, so that the effectiveness of consumer law could be better ensured
Leroux-Campello, Marie. "Les sanctions en droit de la consommation." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020079.
Full textMultiple sanctions respond to violations of consumer law. These sanctions are perceived as essential tools for the respect of this right. However, their proliferation and their derogatory nature from ordinary law are frequently denounced. Over-criminalisation, primacy over bad faith on the part of consumers, automaticity, intrusion by the judge into the contractual sphere, would achieve their legitimacy. The instrumentalization of sanctions would lead to their confusion and general distortion. The criminalisation of civil sanctions and the trivialisation of criminal sanctions are particularly criticised. But is this double movement systematic ? This work aims to provide a more nuanced response. Abstracting from the protection offered to consumers requires certain adjustments. Understanding the essence of sanctions then becomes necessary in order to identify those that participate in a misuse. Some sanctions will thus be rehabilitated. Others, on the other hand, will be condemned. After having measured the misuse of consumer law sanctions, it was essential to put them in order. Many proposals were then formulated, so that the effectiveness of consumer law could be better ensured
Poillot, Élise. "Droit européen de la consommation et uniformisation du droit des contrats /." Paris : L.G.D.J, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/51970309X.pdf.
Full textLarrieule, Martine. "Le droit français de la consommation à l'épreuve du droit communautaire." Pau, 1999. http://www.theses.fr/1999PAUU2003.
Full textThe recently implemented legislation on french consumer rights, has developed to such an extent that it has been taken up by community law. The confrontation on this subject between french legislation and european community legislation, should be based on a chronological as well as a quantitative analysis. French law was a fore-runner to community law, whose drawing up reveals a concentrated effort towards national rights. This convergence of community law towards french law being so up-to-date, the tendency is to reverse the motion from national law to community law. These two legislations, of common objective, that is to say, high cosumer protection, are founded on different methods in order to keep the motion up-to-date. None the less, even if this convergence keeps an up-to-date capacity, there remains the danger of unbalance resulting from the divergent practices of member states and their proceeding for the application of community law. In particular, a lot of beyond border litigations, occur for wich a quest for solutions has became necessary
Poillot, Élise. "Droit européen de la consommation et uniformisation du droit des contrats." Reims, 2004. http://www.theses.fr/2004REIMD004.
Full textThe relations between Consumer Law and Contract Law have already been scrutinised in France. This statement does not apply to the relations between European Consumer Law and the Law of Contract. This certainly results from the fact that the implementation of the European directives relating to consumer protection should not concern Contract Law but Consumer Law. Now that the realisation of a European Contract Law is ever more discussed, the links between European Consumer Law and the Law of Contract have to be studied. They will demonstrate that the influence on Contract Law of the European directives relating to consumer protection allowed European Law to enter Contract Law. This has led to the emergence of a uniform Contract Law at a national level but this could also occur at a European level, as showed by the study of the various projects concerning a European Contract Law. This is what this dissertation aims to demonstrate. In order to make the demonstration more accurate, we have chosen not only to refer to EC and French Law, but also to pay attention to English, German and Italian Laws in a comparative and selective way
Rousset, Guillaume. "L'influence du droit de la consommation sur le droit de la santé." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/out/theses/2007_out_rousset_g.pdf.
Full textThe study of links between law's branches is important to understand the evolution of rules. Numerous materials were the object of such an attention but links between consumer law and health law were not analyzed yet in a global way. More exactly, the study of consumer law's influence in health law is useful because it corresponds to the development of a new notion : medical consumerism. This influence is often analysed through two ideas collectively accepted : it would been turned out and negative for health law. However a pushed analysis allows to contest these conclusions. This influence is much more limited than it appears and its application is useful for health law when patient's protection is insufficient. However, a generalized application of consumer law isn't advisable if we want to respect identity of the health relation. Now such a generalized intervention is today conceivable, making necessary alternative solutions of sanitary protection of the patient intended to make useless the application of consumer law
Haoulia, Naïma. "L'influence du droit de la santé sur le droit de la consommation." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1056.
Full textThe increasing interferences of health protection requirements on the market, and the emergence of consumerism in the medical sphere reflect the real reunion of two domains and branches of the law: the Health Law and the Consumer Law. Thus, the Law seeks to protect consumers and patients, and these two categories are often combined which explains the inevitable closeness and complementarity of these laws. The public order involved in some special consumption requires an adaptation of the consumer market and the rationalization of the operations performed by Health Law. This consolidation of the consumer market is extended by a supervision of the consumer transaction which goes until its achievement. Health Law, such as a consumer market police, designed to perform security, protection and to manage risks. These goals justify the elevation of restrictions against economic liberties and the moderation of the market. Also, Health Law adopts a collective and solidaristic conception of consuming that's why its ability to renew is a considerable source of inspiration and experimentation to Consumer law
Rousset, Guillaume Porchy-Simon Stéphanie. "L'influence du droit de la consommation sur le droit de la santé." Lyon : Université Lyon3, 2008. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2007/rousset_g.
Full textRiefa, Christine. "L'internet et le droit du marché (droit de la concurrence et droit de la consommation)." Montpellier 1, 2002. http://www.theses.fr/2002MON10062.
Full textTalbot-Lachance, Guillaume. "L'engagement volontaire en droit de la consommation québécois." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27225/27225.pdf.
Full textBufflier, Isabelle. "Les aspects collectifs du droit de la consommation." Paris 2, 2000. http://www.theses.fr/2000PA020031.
Full textBouknani, Ahmed. "Le crédit à la consommation en droit marocain." Perpignan, 2006. http://www.theses.fr/2006PERP0656.
Full textOuirini, Hanane. "Essai sur l'européanisation du droit de la consommation." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2051/document.
Full textConsumer protection law is inherently impacted by EU law. European contract law in general, and European consumer protection law specifically, are at the heart of tensions between EU institutions. Driven by a desire to create a European Civil Code covering contract law, tort and negligence law, and negotiorum gestio, EU institutions are confronted with fear and hesitation at the local level regarding their specific characteristics. The legal debate analyses and assesses the short-term and structural impacts resulting from the 'Europeanisation' of consumer protection law. Like it or not, socio-economic conditions are changing and we can no longer disregard a global and European approach, if only to promote and expand the internal European market. Consumer protection law is an area where opposing interests collide, and these should be reconciled. That's why there have been proposals to standardise law at the European level – to create a homogeneous group of laws that are clear and accessible and that would guarantee efficient protection for consumers, who are key to this whole process
Bonnin, Coralie Angélique. "L'intégration de la consommation durable en droit français et canadien." Doctoral thesis, Université Laval, 2010. http://hdl.handle.net/20.500.11794/21677.
Full textVigneron-Maggio-Aprile, Sandra. "L'information des consommateurs en droit européen et en droit suisse de la consommation /." Genève : Schulthess [u.a.], 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/509495893.pdf.
Full textDouche-Doyette, Nathalie. "La sanction de la violation du droit de la consommation dans les contrats de consommation." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0226/document.
Full textThe second half of the 20th century has been marked by the emergence ofconsumer society and correspondingly by the evolution of a new area of law: consumer law. This field of law can be defined as a body of rules aiming at protecting the interests of consumers and which is essentially applied in the context of consumer contracts. The legislator has not established a general system of sanctions for the violation of consumer law provisions. The sanctions are mostly criminal in nature, while the civil sanctions are those provided for by general contract law.On the basis of the existing rules this thesis aims to establish a specific system ofsanctions common to all consumer contracts. The thesis is governed by the search for adequate sanctions which would increase the effectiveness of the legal rules as well as the effectiveness of the protection of consumers. The effectiveness of the reparative function of the sanctions is analysed separately from the effectiveness of their deterrent function. This distinction is necessary, since the reparative function of sanctions is determined by the situation of the victim of the violation of the rules, whereas the deterrent function of sanctions takes into account the situation of the person responsible for the violation
Yammahi, Salem. "La protection du consommateur dans les contrats électroniques de consommation." Rouen, 2008. http://www.theses.fr/2009ROUED005.
Full textThis study examines the legal protection of consumers in electronic consumer contracts in respect of the contract : ads commercial electronic supply and acceptance of electronic contracts. Then she studied the legal safeguards in the contract as a right of withdrawal, the protection of privacy and personal data of consumers and the applicable law and jurisdiction. Lastly, the consumer protection during the execution of the contract : unfair terms, delivery, payment, legal safeguards "compliance, hidden vice, security products and service", guarantees commercial and service after sales
Kenderes, Andrea. "Conceptions et techniques du droit de la consommation : comparaison des droits français et hongrois." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D006.
Full textIn regulatory jurisdictions that provide for this consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace. The laws are designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors. Furthermore the importance of the consumer protection is to safeguard the consumer from exploitation. In the absence of consumer protection, consumers were exploited in many ways for example sale of unsafe products, adulteration and hoarding of goods, using wrong weights and measures, charging excessive prices and sale of inferior quality goods. Through various Consumer Protection Acts, business organizations are under pressure to keep away from exploiting consumers. Consumer protection law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. In 2018, the European Commission is proposing a New Deal for Consumers to ensure that all European consumers fully benefit from their rights under Union law. A study on transparency in online platforms, also published, supports the New Deal’s proposals on online market places. Finally, the different theories show the sophisticated aspects of the French consumer law which has been developing since the Code Napoleon
Rzepecki, Nathalie. "Droit de la consommation et théorie générale du contrat." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30004.
Full textThis thesis deals with relationships between consumer law and general contract theory. With this end, we first ask ourselves the question regarding the existence of consumer law in face of general contract theory in order to exist, consumer law should present itself as a true branch of law, in others words, a true law, an + ensemble ;, instead of a simple grouping of specific rules, a + compilation ;. While a simple grouping of specific rules is the result of common aim, an + ensemble ; is caracterised by a union of this rules into a superior averall law. There is an + ensemble ; when the regroupment is endowed with applied objective criteria and a clear common law. Applied to consumer theory, this distinction only allows us to conclude the existence of a + compilation ;. This conclusion determines the relationships that the special law holds with general contract theory. As there is no + ensemble ;, judges are obliged to turn to general contract theory when special law is incomplete or unclear
Rzepecki, Nathalie. "Droit de la consommation et théorie générale du contrat /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb389512554.
Full textGillotot, Annelieke. "Relevé d'office du juge et droit de la consommation." Thesis, Avignon, 2014. http://www.theses.fr/2014AVIG2040/document.
Full textThe office of the judge is organized by the rules of the Code of civil procedure: the judge must solve the litigations in law, and that, in order to do that, he benefits from the right to raise his own motion. This mission raises a particular difficulty in consumer law, especially regarding the law of the unfair clauses and consumer credit: these fields imply taking into consideration the contractual imbalance due to the weakness of the consumer. The office of the judge is confronted to the necessity to protect this « weak party », which raises the question of knowing if the judge has the right to raise his own motion. The difficulty of the answer opens a rich controversy (Part 1): the legislator, at the whim of the reforms, and the judge, at the whim of the reversals, will enrich this latter to finally come to a recognition of the right to raise the motion of the judge (Part 2).First the national judge clearly disapproved the exercising of the right to raise one's own motion in the name of the concept of public order of protection. The controversy was finally submitted to the assessment of the Community judge who enabling a recognition of the right to raise the motion of the judge. Driven by the Community jurisprudence, the French legislator finally lined up with this requirement. Then, a new impulse of the Community jurisprudence will question again the national law by the recognition of the duty of the judge to raise his own motion. The new law « Hamon » of march 17th 2014 and the recent internal jurisprudence are not evidence of a real satisfaction of the requirement set down by the Community law.We must embrace, from this laborious construction of the jurisprudence and internal legislation, the difficulty raised by the question of the right for the judge to raise his own motion concerning law consumption, which calls for future evolutions
LEHMANN, FREDERIQUE. "Essai sur l'ordre public en droit de la consommation." Paris 11, 1998. http://www.theses.fr/1998PA111003.
Full textConsumers need particulary legal protective mesures in front of the powerful professionals. Trough some examples : the law about door-to-door selling (12/12/ 1972), the scrivener laws about personal (1b/b1/1978) or property (15/07/1979) credit and also about the struggle against excessive clauses, we are going to study the evolution of law and order in consumerism law. First, the legislator has tried to protect the consumers consent thanks to a strict law and order. Unfortunately it doesn't come off and it creates a lack of protective mesures. Afterwards law and order has become more manageable in order to keep contract in position with the law about the struggle against excessive clauses. But this transfer has been possible thanks to a modification of the standard in favor with the judge
Qazi-Klingele, Khadigea. "La place du droit de la consommation dans les codifications, étude en droit comparé." Montpellier 1, 2009. http://www.theses.fr/2009MON10006.
Full textCodification covers two different concepts. Codifying is to say carrying out a code. It is as well the result of this action, that is to say the law code. Codification obeys the necessity of rationalization, accessibility, exhaustiveness and the totality of law sector. Nevertheless, a perfect codification just like a perfect law is a myth that does not exist. The codification of the consumption law, as far as it concerns the comparative law, demonstrates at two kinds of codification exist. First, the codifier can choose to codify the lawmatter by creating an separate Consumption Code, that is to say an anthology of laws only destined for consumerist rules. Yet, the choice of this codificationmethod is unconventional because of the small number of independent laws codes (Bresilian, French, Romanian or Italian law). Some legal system bills are currently about to be considered (Law of Quebec, Portuguese or Luxemburg). Secondly, the legislator cannot codify the consumption law into a separated code. This modern way of codifying consists of either inserting the Consumption Law in the Civil Code (or Obligation Code), just like in German and Dutch legislation, or in a specific law which has a national (Belgian or Austrian legislation) or a European Community origin
Le, Bideau Clément. "Engagement et désengagement contractuel, étude de droit de la consommation et de droit civil." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAA006/document.
Full textOn one hand, the commitment is at the heart of the social link, therefore the civil lawyers granted it a crucial place within the sphere of the law. It is particularly true for contract law. On the other hand, it is not possible any more to ignore the phenomenon of the right of withdrawal. The increasing place of the latter, led the doctrine to deal with it, to be interested in the rules, which plan regarding contract law a faculty to regret. Considering it, it seems to us particularly interesting to deal with the "commitment", by confronting it with its contrary, the "right of withdrawal". It could, we believe, change the way both can be apprehended. Therefore, we focus on the consumer law, which is, for us, the highest expression of the right of withdrawal
Mahjad, Bouchra. "Le déséquilibre contractuel en droit marocain : l'apport du droit de la consommation au droit commun des contrats : approche comparée des droits marocain et français." Perpignan, 2014. http://www.theses.fr/2014PERP1179.
Full textIn the general theory of contracts, a commitment made by consenting parties is deemed inviolable. The legislator takes the contractor’s consent to be a necessary condition, and hence takes measures to protect contracting freedom and to maximize the binding force of the contract. However, the issue of prior consent is becoming problematic with today’s economic changing realities. There have emerged new types of unilaterally pre-formulated contracts which do not allow for any prior negotiation whatsoever, a fact which has urged the introduction of the Consumer Law that is meant to protect the rights of the weaker parties. This new law is more concerned with the identity of the contractors than with the nature of the contract. This law is therefore based on a new conception that seeks to guarantee a contractual and economic balance among contractors. Inspired by the french consumer law, the moroccan consumer law permits the legislator to issue whatever consumer-protecting laws necessary. In any case, however, the consumer needs to be sensitized and well-informed. The moroccan government is thus urged to encourage the creation of more associations for the defense of consumer rights, and to provide them with the financial support needed for them to carry out their mission
Bonnin, Coralie Angélique. "L’intégration de la consommation durable en droit français et canadien." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/26615/26615.pdf.
Full textZemmouri, Karim. "La consommation des produits financiers." Electronic Thesis or Diss., Orléans, 2011. http://www.theses.fr/2011ORLE0001.
Full textIf consumption, in the economic sense, is the final stage of the production and distribution of goods, it is perceived in a legal sense, as the starting point of another process linking the consumer to professional. This phase is the starting point of a report which gives rise to obligations which are all professional fees for the consumer.Since the beginning of the particular 90s, an attention is devoted to protection, through some measures specific to the financial law, including the regulation of financial markets, supervision of providers investment services, and other provisions that tend toward a reconciliation of the provisions enshrined in the consumer law including the regulation of canvassing, measures to provide protection in the marketing of products and services Financial distance, enhanced disclosure requirements owed by the broker and the extension of its obligation to counsel.The legal analysis of the consumption process of financial products supposes the combination of all these elements. On the one hand, before and during the formation of links, governments attempt to restore balance in relations between professionals and consumers. The latter being deemed economically weak, do not have the same information on financial products and services are sought by various means and technologies they have no control, and must make choices between various products, and more complex. On the other hand, during the execution of services, in addition to commodity risk, or non-performance of contractual obligations, other risks may arise from failures in market functioning and behavior of its actors. Therefore a means of strengthening consumer protection is needed to overcome the shortcomings of current means that they have to obtain compensation and seek compensation
Bienenstock, Sophie. "Trois essais sur l'analyse économique du droit de la consommation." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020025/document.
Full textConsumers have bounded rationality and exhibit cognitive biases. The thesis studies the consequences of such biases on consumer choice and implications on consumer policy. Each chapter of the thesis investigates one specific bias (quality bias, utility misperception and projection bias) in a given market structure. The first two chapters focus on stan- dard duopoly models, in whichcognitive biases are incorporated: I build a horizontally differentiated duopoly based on Dixit (1979)in chapter 1, and a vertically differentiated duopoly inspired by Gabszewicz & Thisse (1979) in chapter 2. As for the third chapter, it extends to three periods, in a monopolistic framework, the projection bias model proposed by Loewenstein et al. (2003). I come to the conclusion that, while cognitive biases sometimes lead to suboptimal consumption decisions (chapters 1 and 2), naive consumers can be better off than their sophisticated counterparts(chapter 3). This observation pleads in favor of a non-systematic and context dependant legal intervention to counter cognitive errors. I argue in favor of a new approach of consumer policy, that would focus less on information disclosures in favor of debiasing schemes. Examples of such debiasing policies are discussed throughout the thesis
Chendeb, Rabih. "La formation du contrat de consommation, étude de droit comparé." Paris 2, 2007. http://www.theses.fr/2007PA020005.
Full textMeunier-Bihl, Anne. "Le droit de la consommation en République populaire de Chine." Montpellier 1, 1996. http://www.theses.fr/1996MON10033.
Full textSauphanor, Nathalie. "L'influence du droit de la consommation sur le système juridique." Paris 1, 1998. http://www.theses.fr/1998PA010279.
Full textThe main idea of this dissertation is to determine whether the effects of consumer law are beneficial or harmful to the legal system. The legal system is here restricted to its two main components : the branches and the sources of law. Since the purpose of consumer law is to protect the consumer, we must take into account the specificity of these functional law (preliminary part) to characterize their influence upon the various branches of law (part one), and upon the sources of law (part two). The preliminary part introduces the criteria used for analysis of a functional law such as its effectivity, its efficiency, as well as its unwanted effects. In this preliminary part, we explain the phenomenon of instrumentalisation through which the legal rule is used as a tool for social change, which changes dramatically all the references of the legal system. Throughout the dissertation, this contributes to understand the specificity of the legislation on the overindebtedness phenomenon which trough its instrumental characteristics comes in conflict with the coherence of the legal system. The first part explains that consumer law is beyond the traditionnal cleavages between civil law, business law, public law, and criminal law. By erasing the differences between tradesmen and non tradesmen, between industrial and commercial public services on one side and private companies on the other, as well as between criminal and civil penalties, consumer law has a beneficial effect. On the other hand, the extension of this discipline beyond its own boundaries causes harmful effects. The second part of the dissertation shows how consumer law has a positive influence upon the dynamism of the sources of law. It reinforces the interaction between the law and the judge, it entails a cooperation between the judge and administrative agencies and reflects the boosting effect of communauty law upon national sources
Lafont, Sylvain Arthur. "La soumission des personnes publiques au droit de la consommation." Montpellier 1, 2007. http://www.theses.fr/2007MON10056.
Full textSauphanor, Nathalie. "L'influence du droit de la consommation sur le système juridique /." Paris : LGDJ, 2000. http://catalogue.bnf.fr/ark:/12148/cb37099535d.
Full textDebono, Anne-Laure. "L'ouverture du droit des services publics au droit de la consommation : entre enrichissement et désordre." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32064.
Full textThe propensity of consumer law to overcome the compartmentalization within the legal system and the capacity of the jurisdictional order to derive private norms constitute the main factors explaining why public utilities law is opening up to consumerism. This phenomenon requires thinking about the nature and the consequences of the exchanges existing between the two legal systems, in the light of the systematic analysis of law, the presupposition of which is structured around relations of interaction and characteristics of unity presented by the system’s elements. The systematic approach of the relations that are built up between public utilities law and consumer law evidences the beneficial interconnections which are established between both legal systems. Reuniting the concepts of user and consumer within a broader conceptual unity is part and parcel of this perspective. Far from generating dysfunction within this particular branch of law, the extension of consumer law under the guise of the user-consumer concept proves to be positive in so far as it contributes to unifying the applicable protective norms. Adopting an analytical frame which extends to branches of law also enables us to contemplate the means to a harmonious articulation between the finalities pursued by both disciplines in the hands of the administrative judge. The perspective of the appropriation of consumerist sources by administrative jurisdiction thus allows us to perceive the foundations of an emerging branch of law which is gaining more and more autonomy: consumerist administrative law
Spanou, Calliope. "L'administration et les nouveaux mouvements sociaux : consommation, environnement, femmes." Amiens, 1987. http://www.theses.fr/1987AMIE0001.
Full textDuring the 60's and the 70's, new social movements appear, independently from the working class movement, and focus on new social issues. The political and administrative system takes cognizance of these issues and create new administrative agencies to take charge of them ; in this process, the role of political parties and unions seems rather limited and the politicization and intermediation are mainly carried out by a social movement or by the administration itself. The administrative agencies created on this occasion are transverse, weak and hybrid and have to overcome the hostility of older agencies. Their survival demands the adoption of special strategies and especially the cooperation with the social movements which form their constituency. This way, the administrative agency and the militants become interdependent, come closer and influence each other: it is then possible to speak of a "militant administration". However, tension and conflict are not excluded from their relationship because of the role confusion and the lack of precise task division between the two partners. These are also some of the basic reasons why corporatism is absent from their relations
Zemmouri, Karim. "La consommation des produits financiers." Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0001.
Full textIf consumption, in the economic sense, is the final stage of the production and distribution of goods, it is perceived in a legal sense, as the starting point of another process linking the consumer to professional. This phase is the starting point of a report which gives rise to obligations which are all professional fees for the consumer.Since the beginning of the particular 90s, an attention is devoted to protection, through some measures specific to the financial law, including the regulation of financial markets, supervision of providers investment services, and other provisions that tend toward a reconciliation of the provisions enshrined in the consumer law including the regulation of canvassing, measures to provide protection in the marketing of products and services Financial distance, enhanced disclosure requirements owed by the broker and the extension of its obligation to counsel.The legal analysis of the consumption process of financial products supposes the combination of all these elements. On the one hand, before and during the formation of links, governments attempt to restore balance in relations between professionals and consumers. The latter being deemed economically weak, do not have the same information on financial products and services are sought by various means and technologies they have no control, and must make choices between various products, and more complex. On the other hand, during the execution of services, in addition to commodity risk, or non-performance of contractual obligations, other risks may arise from failures in market functioning and behavior of its actors. Therefore a means of strengthening consumer protection is needed to overcome the shortcomings of current means that they have to obtain compensation and seek compensation
Robichez, Juliette. "Droit du travail, droit de la concurrence, droit de la consommation : le rôle de la branche du droit dans la dialectique juridique." Paris 1, 1999. http://www.theses.fr/1999PA010255.
Full textThe triangular analysis of employment, competition and consumer law leads initially to studying the concept of an autonomous branch of law. The result of this research is that both the concept of an automous branch and its fruit, the general body of principles, are the fruits of doctrinal activity. Studying this notion amounts, therefore, to emphasising the activity of scholary opinion in the construction of such a division of law. Once this element was established it was possible to describe, form legal sociology's point of view, the role conferre on a autonomous branch of law. Apart from the obvioys role of structuring and rationalising the legal system, it also plays the role of adjusting the system at stake. In order to do this the picture always divides into two, which explains the thesis subtitle : "the role of the branch of law in legal dialectic". The plan is constructed around the outline of the dialectical movements of autonomy. The first part is based on the time when the youg branch of law demands its autonomy in relation to the common trunk. The period of demand is always followed by that of reconciliation, which is dealt with in the second half of the thesis. The synthesis occurs both with the body of general principles and also with the neighbouring branches. The young branch of law therefore plays the role of a laboratory where new solutions are tested and which, once judgede satisfactory, radiate bey on their limits. The coherence of the legal system does not, therefore, appear to be shaken since, once the general body of principles has incorporated the experiences carried out by a branch of law, the latter is only meant to last in the event that it replies to the irreducible purposes of the canons of civil law
Pombieilh, Denise. "L'incidence du contrat de consommation sur l'évolution du droit des contrats." Pau, 2002. http://www.theses.fr/2002PAUU2007.
Full textThe consumer law development was not without repercussions on contract law facing the importance of contractual rules and the coming of a new category of contracts : consumer contract. Research of the measure of consumer contract incidence on the contract law evolution leads to present two results, linked to the legal nature of the object of study. First it seems that the consumer contract is not immediately considered to have an autonomous status in statute law, neither as new category of contracts nor as legal concept. It is defined as a contract concluded by the consumer and so subdued to the consumer law. Its incidence on the contract law evolution must thus, at first, be measured in the alder of the legal treatment of which object it is. So, of lege lata (statute law), the consumer contract appears as a model for inequality contracts. But, it is advisable to wonder about the possibility of applying a notion of consumer contract of which the contributions seem important. Consequently and of lege ferenda such a consideration renews in a very significant way its incidence on the evolution of contract law
Maslowski, Solange. "La reprise de l'acquis communautaire par la République tchèque : modalités générales et application au droit de la consommation." Toulouse 1, 2009. http://www.theses.fr/2009TOU10064.
Full textMy doctoral thesis relates the process of approximation of law in the Czech Republic since 1991 until its accession to the EU. Approximating its laws to EC law consisted mainly in taking over the acquis communautaire (sic) in order to be accepted in the EU in 2004. Despite of the various instruments put into place by the European Community and its strong involvement through its institutions and mainly the Commission (screening of the acquis), the process of approximation encountered some limits. Some are the same as those encountered by the member States, others are particular to candidate countries. Those limits are found at any level of the approximation process. This thesis could be served as a reflection on global solutions to the question of the reprisal of the acquis communautaire (sic)
Bérenger, Frédéric. "Le droit commun des contrats à l'épreuve du droit spécial de la consommation : renouvellement ou substitution ?" Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32012.
Full textThis thesis tries to introduce a new light of account between these two laws detecting a specifical movement existence: the substitution of contract common law by the consumption law. It tries, first, to prove that the special law cannot enable a common law change because, on the one hand , these new legal definition cannot blend with it, and on the other hand, the common law used by specifical law is altered by its coherence. The study tries next to demonstrate the existence of an extensive interpretation of specifical law then the contamination of common law by specifical law. The synthesis of analysis must permitted to put to good use the proposition which stipulate that the movement of the substitution of contract common law by consumption law can be a possible new description of the account between these two laws
Zio, Moussa. "Le cautionnement à l'épreuve du droit de la consommation, perspective d'évolution du cautionnement en droit OHADA." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10044.
Full textDubin, Stéphane. "L'influence des droits de l'homme de la troisième génération sur le droit rural français." Limoges, 2008. http://www.theses.fr/2008LIMO1010.
Full textThird-generation human rights are related to the great politicals and economics liberties recognized in 1789. Second-generation rights are usually contained in the 1946 Constitution introduction. The rights of the third generation, also called "solidarity rights", appeared in the 1970s: right to development, right to environment, right of the consumers for a particular protection. These last ones, recognized by the international or european law, have a chronic influence on agricultural policies. Numerous agreements look for their application, and find a translation in France, mostly through european mechanisms. The european integration subordinates the French law, to go always farther in an adaptation of the agricultural structures to the free trade, in theory vector of the Southtern coutries devlopment. But the environmental protection is also a major constituent of the european rules, which is translated in the french law. Protection of the consumers also gives place to turnovers: traceability, labeling, distinguishing features, and the other quality initiatives. French agricultural policy evolutions, to implement the rights of solidarity, questioning of european agricultural vocation and model
Azar-Baud, Maria José. "Les actions collectives en droit de la consommation : Étude de droit français et argentin à la lumière du droit comparé." Paris 1, 2011. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D125.
Full textKouakou, Kouamé Claude. "La Côte d'Ivoire à la recherche d'un droit de la consommation." Montpellier 1, 1987. http://www.theses.fr/1987MON10032.
Full textThe deep changes of economic and juridical structures of the ivory coast require a new kind of protection of the consumers beyond the traditional rules became inadequate. Many countries (particularly developed) speak about a right of consumption. What about the ivory coast? in the fact what we right call so is not at all a coherent widly of rules made to protect consumers efficiently. They are rather some badly matched rules, from different origins, of ancient texts, not adapted to call on civil right, commercial right, criminal right and so on. . . No, there is no true right of consumtion in ivory coast. It is in search of this right. For this it is necessary that the public prove of imagination, leave the traditional frames of private right and seach new kinds of protection : the demand of a well considered consent, the right to the information, the creation of associations which fight for the interests of the consumers. Such are the main lines of forces of the new right of the consumers protection in the ivory coast