Dissertations / Theses on the topic 'Droit des assurances maritimes'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droit des assurances maritimes.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
HAMZI, ZINER IDRISSIA. "Le contrat d'assurance maritime en droit marocain." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32020.
Full textHamdalla, Mohamed. "La navigabilité du navire : contrats d'affrètement, de transport et d'assurance maritime." Montpellier 1, 1986. http://www.theses.fr/1986MON10026.
Full textStephanides, Georges. "Aspects du risque maritime aux XVIIe et XVIIIe siècles : problèmes juridiques posés par la sécurité des mers à la fin de l'ancien régime /." Athènes : Éd. Themelio, 1986. http://catalogue.bnf.fr/ark:/12148/cb366356539.
Full textLallement, Charlotte. "La navigabilité du navire." Nantes, 2004. http://www.theses.fr/2004NANT4023.
Full textSeaworthiness of the ship cannot be resumed to suitability to sail. In order to be reasonably fitted for its intended purpose a ship must also have a correct stability, be properly manned in number and qualifications, be "cargoworthy" which means suitable to receive, carry and preserve cargoes, etc. The first part of this study, entitled "The ship and the concept of seaworthiness", defines the ship and the scope of seaworthiness. Beyond the concept, seaworthiness requires a person to exercise and perform some duties. A ship is said to be seaworthy when all requirements for suitability have been fulfilled. This is the matter of due diligence from the shipowner. The second part of this study, entitled "The duty of seaworthiness", defines due diligence through the duties of the shipowner and through the scope of classification and insurance
Noel, Betty. "L'assureur et le contrat d'assurance maritime (XVIIe-XIXe siècles) : Acteur et instrument de la colonisation." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD068.
Full textThe practice of maritime insurance was closely linked to maritime commerce, particularly that concerning the colonies. French colonization, undertaken for reasons of political domination but especially in the interest of the economic prosperity of the home country, contributed to the development of insurance. Insurance contracts offered protection against the risks arising at sea, placing them at the heart of the economy of the eighteenth and nineteenth centuries. This insurance was necessary in particular for islands located in the Antilles or in the Indian Ocean, where trade was exclusively conducted by ship. Even though the commerce with the colonies increased the necessity of insurance, the successive French governments reserved legislation and the practice of insurance to the home country. The colonial commercial policy only benefited the home country, excluding settlers from the practice of maritime insurance. This was the case, starting with the formulation of the insurance contract when determining the risks which the insurer would guarantee, and continuing in case of accident and claims made
Tak, Tak Hind. "Les actions judiciaires exercées contre l'assureur maritime : Etude comparartive des droits français et anglais." Lille 2, 2003. http://www.theses.fr/2003LIL20004.
Full textWhen the marine insurer contests the insured's or injured person's claim, two types of legal action could be made : action for payment of indemnity made by the beneficary, or direct action taken by a third parrty against the liable party's insurer. The main question is to know if the two systems, civil law (French law) and common law (English law) tend to have an approximate approach, espetially when the insurer or injured person brings an action against the underwriter. In the order words, how do the french or English judge handle the trial bearing on marine insurance ? They must take into account the different aspects of the legal dispute : the procedure and the main issue of the suit. The first aspects must be dealt with : the relevant jurisdiction, the applicable law and the admissibility of a claim. The second aspect consists of the differents defence formulated by the insurers and founded on the contract of insurance or on the regime of the liable insured party
Tanoh, Marie Madeleine. "Le transport maritime de substances nocives et potentiellement dangereuses, l'assurabilité du risque." Nantes, 1996. http://www.theses.fr/1996NANT4008.
Full textTHE VERY DIVERSITY OF HAZARDOUS AND NOCIOUS SUBSTANCES (HNS), AS WELL IN THEIR PHYSICAL FEATURES AS IN THE NATURE AND THE MAGNITUDE OF RISKS THEY CREATE AFFECTS THEIR CONCEPTUALIZATION, AND CONSEQUENTLY THE SCOPE OF RULES GOVERNING THEM. AS THEY ARE USUALY CARRIED BY SEA WAY IN THE FRAMEWORK OF INTERNATIONAL TRADE, SHIPPING TENDS TO RAISE MAGNITUDE OF SCARED HARMS BECAUSE ITS OWN RISKS FACTORS CAN NOT COMPLETELY BE UNDER-CONTROL. IN THIS MATTER, AVAIBLE COMPENSATION RULES COME FROM BOTH SPECIAL CONVENTIONS (ABOUT NUCLEAR AND OIL POLLUTION DAMAGES) AND GENERAL CONVENTIONS ABOUT SHIP OWNER'S LIABILITY. BUT THEY DO NOT ALLOW SUFFICIENT INDEMNITY FOR THE CONSIDERED DAMAGE AND THEY ALSO COMPROMISE THE EFFICIENCY OF THE PARTICULARY HNS CONVENTION WHICH INTERNATIONAL MARITIME ORGANIZATION HAS BEEN TRYING TO SET UP SINCE 1979. HOWEVER A GLOBAL MANAGEMENT SYSTEM COULD OVERCOME LIMITS TO INSURABILITY. BUT A MODERATE INTEGRATION OF ECOLOGICAL ETHICS IS REQUIRED TO SOLVE THE POLLUTION PROBLEM WITHOUT UNDER-ESTIMATE ECONOMICAL NECESSITY. PREVENTIVE RULES MIGHT ALSO BE strengthENED BY EFFECTIVE CONTROLE AND SANCTION AND IMPROVEMENT OF CIVIL LIABITY RULES. INSURER CAN CONTROL THE RISK AND BE ABLE TO COMPENSATE A LARGER FIELD OF LOSS IF HE PRATICS "RISKS MANAGEMENT". WE MUST NEVERTHELESS ADMIT THAT THE SUCCESS OF THIS SYSTEM IS DEPENDANT ON THE INDUSTRIALS AND STATES INTENTION. SO AN EVOLUTION OF LOW IS EXPECTED TO FORCE MODERATE BEHAVIOR SO THAT THE RISK WILL NOT BE ABSOLUTELY ININSURABLE
Zerhouni, Farouk. "L'arbitrage en matière d'assurance maritime." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D071.
Full textMaritime transport, which is an inherent part of international trade, has been able to develop due mainly to marine insurance. Marine insurance disputes, given their technical nature and their international character, have been often settled by arbitration. The use of arbitration in marine insurance may be in the course of litigation between insurer and insured, subrogated insurer and a responsible third party, insurer and reinsurer, etc. This study deals with aspects peculiar to maritime law and various disputes submitted to arbitration. This thesis delves into the comparison of French. Moroccan and English laws. Moreover, the comparative approach to the subject will allow us, while bringing it closer to the doctrinal and jurisprudential debate, to discover the concrete settlements reached in the three legal systems in question
Rodet-Profit, Alix. "Le contrat d'assurance maritime à Rouen dans l'Ancien droit." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020010.
Full textShipping insurance is the first known form of insurance. It was instituted at the end of the Middle Ages and spread to the whole of Europe in the sixteenth century. Rouen, as one of the largest commercial and maritime cities in the Kingdom of France, was the first and indeed the only city to be given a patent for insurance as early as 1556. It is therefore the ideal place in which to study such a contract in this country. The fluctuating nature of insurance quickly pinpointed the problem of balancing the interests of the parties involved. On the one hand, the insured person needed to be able to benefit from guaranties allowing him to resort to insurance. Similarly, the insurer needed to be protected since he not only had the responsibility of the voyage, with the risks that that implied, but was also dependent on the honesty of the person insured. Together with their “insurance agents”, the merchants of Rouen therefore sought and adopted solutions to this problem. The Royal Ordinance of Shipping, in 1681, – the first French legislation on insurance – then endeavoured to unify the customs and uses carried out in the Kingdom of France. It offered various measures to develop this contract between the insured and the insurer. Maritime insurance, together with the many other sectors of law such as that of obligations, commercial law, maritime law, law pertaining to Exchange or to Societies, then evolved under the combined influence of the judiciary and of merchants, continually seeking a contractual balance
Ghalloussi, Farah. "L'assurance des nouveaux risques maritimes." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D021.
Full textThe rise of new risks that affect maritime transport operations raises the challenge of how to deal with them through maritime law and insurance procedures. Indeed, since it is the sine qua non condition of this trade, it is worth querying its methods of apprehending new risks and its procedures for dealing with them to see to what extent they can be the subject of an insurance operation. The hostility of the maritime environment is therefore intensified by the instability of the international legal framework, the uncertainties associated with shipping in certain areas, the accumulation of values at risk on very large vessels and finally the poorly monitored digital transition in the maritime industry. First, through the identification of new risks that are of concern to maritime operators, it has been made possible to identify some common features in their apprehension. The technical and legal insurability of each of these new risks is examined in the light of itscharacteristics. It is monitored to see what weaknesses it creates, what the consequences of its realization may be and what challenges it represents for the insurance market. In addition, the examination of the legal and normative framework for new maritime risks makes it possible to assess the relevance of the responses developed for their management and, if necessary, to propose appropriate responses in order to improve their insurability when this is possible. Next, the insurance of new maritime risks is to cover the risks selected by the contracting parties from among all insurable risks or those located "at the limit of insurability". The principle of the guarantee offer in this area follows two interdependent dynamics. On the one hand, policyholders, unable to cope with new risks, are seeking to transfer them to insurers by pushing them to expand their range of offers by creating products that are increasingly specific to their new needs. On the other hand, insurers have always been there for their clients by pushing the limits of their commitments and increasing their subscription capacities by seeking solutions in traditional or alternative risk transfer and sharing markets. The implementation of the guarantee taken out must make it possible to indemnify the new risks incurred against which the maritime actor has taken out insurance. The mobilization of insurance protection in the event of a claim may face barriers that place the marine insurer at the center of three actions dealing with the marine insurance contract. Two actions can be taken against him: One by the insured, the action in warranty, the other by the victim, the direct action taken by a third party against the insurer. The marine insurer, which has indemnified its policyholder for the damage it has suffered, has recourse against the liable third party who has mobilized its coverage through subrogation
Ould, Zidbih Daoud Maely. "Les Assurances maritimes sur facultés en Mauritanie." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37608642w.
Full textAmouri, Badreddine. "L'action directe contre les clubs de protection et d'indemnité." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1054.
Full textDirect action against the P & I clubs is one of the main issues of maritime international disputes. Indeed, protection and indemnity clubs, which provides to shipowners "Indemnity" policies, requires a club member to discharge his liabilities to the injured third party before he can be indemnified by the P&I club. It results from a clause contained in the rules called "pay to be paid". Therefore, if the member cannot compensate the third party as result of insolvency, the english law does not allow the victim to bring proceedings against these institutions. Indeed, the third parties act against insurers 2010 transfers to the victim the rights of the insolvent insured against the insurer. At the same time, and regarding the legislation of England, the club is entitled to rely on the “pay to be paid” rule against the third party, which will defeat finally the claim. However, it is well known that some international conventions regarding the liability of the shipowner are conferring direct right of action against the P&I clubs. The International maritime organization does not allow these institutions, for some damages, to rely on the "pay to be paid" clause. From "indemnity insurers", the P&I club become "liability insures". Besides these conventions, this thesis will analyze the function of the direct action against P&I clubs in maritime disputes, and the legal solution which will allow any third party to sue directly the P&I clubs for the other damages
GUISSE, PAPA BANGA. "Les aspects institutionnels des assurances maritimes au senegal." Nantes, 1992. http://www.theses.fr/1992NANT4007.
Full textThe aim of this thesis is to try find an answer to the following question : how can senegal's protectionist institutions become compartible with the intmernational nature of marine insurance ? in agreement with the recommendations outlined by the (cnuced), senegal, like most developing countries had wanted to create its own market in marinem insurance in order t reduce currency outflow. To this effect, the following measures were taken : local insurance was established for goods and commodities imported as well as for the main vessels bearing the senegalese flag; a senegalese reinsurance company (sen-re) was created in addition to two regional and sub-regional reinsurance companies (africa-re and cica-re); a legal insurance transfer was established in their favour. Inspite of all these measures, ship owners and importers continue to insure abroad. The number of premiums collected annually is lowering regulary. Insurers under-rate the risks and issue complacency certificates, the insurance companies retrocede most of the risks. As a result, it has been noted that the aims set by the authorities have not been attained. Solutions have to be found therefore. Among them is thenecessity for new rules, the reinforcement of control and sanctions, the increase of insurance and reinsurance companies capital, creation of regional insurance and reinsurance pools, the reinforcement of the worldwide co-operation and finally, the lifting up of protective measures at a medium term, in order to give new boost to the private initiative of insurers
Clavero, Ternero Manuel Jiménez Sánchez Guillermo J. "Clubs de P & I /." Madrid : IEEM, 1992. http://catalogue.bnf.fr/ark:/12148/cb37684894c.
Full textEID, GABY. "La faute de l'assure, obstacle au jeu de l'assurance maritime." Nantes, 1990. http://www.theses.fr/1990NANT4004.
Full textThe fault of the policy holder appears mainly in two ways : the first imposes a duty of care : not to encourage, by an absolute indemnity against all risks in no matter what circumstances, a lack of care on the part of the insured. That's why a fault qualified as a lack of reasonable diligence or as an unforgivable fault is excluted from the cover. The second imposes a duty of good faith. The risks are not covered by the insurance and weigh heanly on the policy holder as a punishment. The legfislator concern is to introduce an alement of morality. We observe that in order to create a balance based on the most banc moral principles in the marine insurance the legislators have allowed insurers to avoid hability in cases of negligence or fraud. One can rightly say this legislation at least ensures, in its essence, a respect on the part of policy holder both for the rules of morality and for the viscitudes of life
Sadry, Ahmed. "L' Assurance maritime au Maroc f." Perpignan, 2001. http://www.theses.fr/2001PERP0946.
Full textOuld, Zidbih Daoud Maely. "Contribution à la recherche du nouvel ordre économique international : les assurances maritimes sur facultés en Mauritanie." Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D026.
Full textThe insurance policies in mauritania are subject to a state monopoly under the rules of industrial and commercial public institutions, who in turn obey more or less successfully, both the rules of public law and the rules of private law. Mainwhile, this situation only began in 1974 in that before the french colonization, insurance was unrecognized in mauritania for two reasons; the muslem law forbides aleatory contracts, and the social stratification in the country that hinders the emergence of individual insurance. Colonization soon introduced this habit through insurance agents representing important european insurance companies. Thereafter, all the french speaking african countries go to adopt the french legislation in the field of insurance. So whilst impelled by the nationalist political movements and by the unctad resolutions, most of the third world countries including mauritania tended towards the creation of national insurance markets, unfortunately in most french speaking african countries, the legislative aspects of contracts and insurance policies have often been left out of these efforts. Thus, the mauritanian company for insurance and reinsurance "smar", uses the french policies of cargo insurance of 1944, which in most ways is outmoded by the international system. But the originality of theses new markets of cargo insurance lies on their compulsory aspects. Infact, in order to better equilibrate their balance of payments most third world countries have had to adopt the compulsory local insurance for importation "aloi", which consist in giving their own insurance markets as an official domicile, while insuring their importations. But this attitude quickly affected the international market of direct of direct subscription for insurance and reinsurance. The resulting consequencies are the main subject of the present thesis
Lesage, Franck. "La place du droit commun des contrats et du droit des assurances dans les assurances obligatoires." Montpellier 1, 2000. http://www.theses.fr/2000MON10036.
Full textBeira, Ehi Marc. "Les assurances cumulatives." Nice, 1986. http://www.theses.fr/1986NICE0012.
Full textLeblond, Nicolas. "Assurances et sûretés." Paris 2, 2007. http://www.theses.fr/2007PA020062.
Full textTrescases, Anne. "Assurances et droit des régimes matrimoniaux /." Paris : Defrénois, 2007. http://catalogue.bnf.fr/ark:/12148/cb409890972.
Full textThomas, Anne-Catherine. "La faute en droit des assurances." Orléans, 2005. http://www.theses.fr/2005ORLE0004.
Full textTrescases, Anne. "Assurances et droit des régimes matrimoniaux." Montpellier 1, 2005. http://www.theses.fr/2005MON10057.
Full textNodjigoto, Enoch. "Le régime des assurances au Tchad." Nantes, 1998. http://www.theses.fr/1998NANT4004.
Full textThis thesis is an analysis of texts relating insurance companies in Chad. Since 1967, the new texts that were adopted concentrated on the functioning of the private insurance companies under the control of the state. However, they were merely an adaptation of the colonial texts applied in the past, and can even be considered as a copy. As far as insurance deals were concerned, the july 13, 1930 law on the insurance contract remained applicable until 1992, then Chad signed the treaty of Yaoundé, instituting an integrated market for such transactions and created Cima. This treaty which came into force on february 15, 1995 in Chad, included in its annex i the insurance code of the contracting parties. This thesis aims to analyse the former and present texts in order to determine whether there was an evolution or a revolution thanks to the creation of a supra-national organ of control (commission). There was a slight evolution as far as insurance deals were concerned. The new texts renovate a great deal of the dispositions contained in the former ones with some new ideas being included. It was a question of "tidying up". The major innovation was the new regulation of power-driven land vehicles instance with a new compensation system a corollary. This system was created to cushion one of the evils of insurance companies: the payment of sometimes quite high compensations demanded by victims. This analysis concludes that the new texts are protectors for the assured persons, the beneficiaries of insurance contracts, or the insurance compagnies'creditors themselves. As well, its aim is to determine whether they will allow a good functioning of the insurance firms to exist starting from the local market of insurance, whose decline had been prevelent before 1992. Still, a strong political will, a moral uprightness from the inspectors, and a total change of the mentalities is needed for true success to remain finally
Meknas, Jamal Eddin. "L'assurance maritime de la responsabilité du propriétaire du navire en mer." Montpellier 1, 1988. http://www.theses.fr/1988MON10048.
Full textBelebna, Mohamed. "Le contrat d'assurance maritime en droit algérien et en droit français." Paris 2, 1995. http://www.theses.fr/1995PA020061.
Full textThe aim of this thesis is the study of marine insurance contract in algerian and french law. The long experience of the french marine insurance market explains its predominant place and role among the largest insurance market in the world. It's not the case of algeiran insurance system. Although that is a french inspiration, the algerian insurance it's so young and a few studies was maked in this matter. The first part is an preliminary chaptr. Its aim is the draw of history evolution to marine insurance. The first chaptr deal at once the definition, the characters of the marine insurance contract then relative rules of this formation. There is not marine insurance when the insured values (hull and cargo) don't takes to submit marine risks. This cause to express by both ways: as for nature risks, a time and place covers. It's object of the second cha@pter. The main prupose of insurance is to indemnity the assured for loss substained by this property. This rule to express in the insured values. For instance, we have treated in the third chapter. The last one chapter, explains the obligation of the insured, assured and settling on indemnity. It can be made : "in damage" or "in abandonment". However, the divergences separates the algerian and french systems. Since 1966, algeria has instituted a state monopoly on insurance sector
Diango, Maïmouna. "La subrogation de l'assureur maritime." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1011.
Full textSubrogation is a privileged mode of transmission of claims in marine insurance. It brings together key players in the maritime trade: the insured, the insurer and the third party responsible. Subrogation of the underwriter has always enjoyed a special favor resulting flexibility of legal texts both for subrogation exerted automatically by the fact of the law, for contractual subrogation which proceeds the will of the parties. However, faced with the procedural requirements of the courts, litigation of subrogation tends more toward a cure. Therefore, the question arises of whether if there are other alternatives to the underwriter? The arbitration is a good solution in terms of the flexibility of awards made in the matter. Also, judicial jurisprudence reported a great change that would insurers to ordinary means, among other things, the assignment, the repetition of the undue and action "de in rem verso" to overcome the uncertainty of litigation of subrogation. In terms of private international law, there is no specific rule of subrogation of the marine insurer. However, the Regulations Rome I and Rome II enact conflict mechanisms applicable to contractual and extra-contractual. They designate the law that governs subrogation
Hatimy, Farid. "Les épaves maritimes en droit marocain." Université Robert Schuman (Strasbourg) (1971-2008), 1988. http://www.theses.fr/1988STR30009.
Full textThe maritime wrecks are closely linked to the notion of property-liberty as well as to the questions of security of navigation fishing industry and marine environment. That what we notice about these wrecks (ships and marchandiseswrecks) are two specific aspects of their juridical status. It's on one hand a matter of the relative aspect to the settlement of the private interests linked to the settlement of the public interests endangered by these wrecks (especially the hazardous one). From these aspects, the double mission of the authorities comes to light, being charged with the management of the maritime wrecks and the maritime public ownership. Indeed these authorities intervene not only to save the owner's rights against any risks of usurpation and the rescuer's rights against the risks of losing his rescuing expenses, but also to protect the community's rights agains any imminent danger caused by these wrecks. In order to accomplish this goal, only exorbitant powers of the common law could help these administrations to reach this goal which is the research and the saving of a balance between these different interest
Berger, François-Xavier. "Aspects contemporains du droit criminel des assurances terrestres." Toulouse 1, 1996. http://www.theses.fr/1996TOU10002.
Full textNon-marine insurance appears as a pressing social necessity. That is why it is strictly controlled by the state. Therefore, our non-marine insurance law contains several criminal rules taken from criminal law or criminal procedure. A non-marine insurance criminal law can be drawn up from the combination of these different rules. The French insurance code deals with offences relating to insurance activity and punishes motorists or builders whose insurance cover is inadequate. Many criminal rulings have been created for the last-mentioned matters, such as fraud based on an insurance policy. The crime of fraud is defined in the French penal code, former article 405, new article 313-1. The number of cases which have been heard by criminal courts confirms the increasing rate of this criminal phenomenon. Regarding the offences relating to unintentional homicide or injury, the insurer of the defendant or of the plaintiff has the right to intervene, under particular circumstances, in front of the criminal jurisdiction. That reform, brought about by the act no 83-608 of July 8th 1983 has considerably reduced the delay in the payment of compensations to victims for the damage caused, while maintaining the insurers’own interests. It has sometimes been of the case law's responsibility to define under what conditions that third party was allowed to intervene in the criminal debate. Non-marine insurance criminal law appears, on the whole, as most heterogeneous and complex. Yet, it is not definitely set and has regularly evolved so as to protect the parties involved in the insurance contract as well as the victims of accidents
Chartier, Henry. "Responsabilisation en droit des assurances de responsabilité civile." Orléans, 2003. http://www.theses.fr/2003ORLE0007.
Full textCHAMAA, WIDAD. "Rivalites maritimes et droit de la mer." Rennes 1, 1994. http://www.theses.fr/1994REN11012.
Full textThe analysis of the maritime rivalries in mediterranean appeals the study of their objectives. Their evolution depends on the application of the general rules of the sea law and the economic and politic stakes of the region. The tightness of the mediterranean, its complex geographic lies, its strategic, importance, particularly for the great powers, have as result the adaptation of the nearest states'prerogatives by the treaty of the new sea law at this sea
Pierronnet, François-Xavier. "Responsabilité civile et passagers maritimes." Nantes, 2004. http://www.theses.fr/2004NANT4029.
Full textMaritime carriage of passengers give us a chance to shape the contours and the issues of an evolution : Civil Liability is becoming Strict Liability. It concerns not only all transport users but also mutations that Maritime Law, is undergoing. Civil Liability Law in maritime transportation of passengers changes its centre of gravity towards its object. The classical axis of Civil Liability, built on the quest of a responsible man, tends to be modernized by a new pivot based on the compensation of the victims. Such an evolution has already affected " Pleasure-boat passengers " and "Cruise passengers". For all that, Civil Liability of "pure" maritime transportation of passengers remains widely outside this evolution. Signs of change are noticeable but insufficient. We propose elements for the reconstruction of the existing " passengers maritime Law" (a safety-of-use with obligation of end-result combined with a full compensation) after having stigmatized its major constituents. Responsabilité civile et passagers maritimesCivil liability and maritime passengers
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
Chen, Peng. "L'information précontractuelle en droit des assurances : étude de droit comparé français et chinois /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2005. http://catalogue.bnf.fr/ark:/12148/cb40099574f.
Full textChabannes, Claire. "La libération des services dans le cas de l'assurance maritime : aspects communautaires et internationaux." Lille 2, 1990. http://www.theses.fr/1990LIL20002.
Full textThe growing importance of services in inter. National trade has led states to try to determine the barriers to exchange of services, in order to eliminate injustified obstacles and to improve international cooperation in this field. Among the services which are subjected to international measures of uberation, marine insurance holds a special position because of the international and not very regulated nature of its market, which justify the recourse to coinsurance and reinsurance. The aim of this thesis is to evaluate the impact of liberation on national legislations, which regulate access to the market and the conditions of exercice in marine insurance. The eec realizations are the most important because of their juridical perfection. (. . . )
Bigot, Magali. "Les assurances de groupe : Magali Bigot." Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30020.
Full textIf the group insurance has today an important economic weight, the legislator’s interventions have been late and the practice’s marks did not disappear. Because of this, the field men had an important role in its development. It is now, for us, a major source of legal insecurity in the use of group insurance. We can find the “stipulation for the benefit of a third party” mechanism in every group insurance agreements. However the stipulation object is not the same. The stipulation object determination is particularly important. It allows to identify, within the group insurance mechanism, which privity of contract is an insurance contract. In an optional agreement contract, each subscriber is linked to his insurance company through a single insurance contract. On the contrary, in a mandatory agreement contract, only the group insurance agreement is an insurance contract. This bases the difference between a mandatory agreement contract and an optional agreement contract. The provisions calculated to the group insurances are too incomplete to build a true system of law. Only the juridical grounds of these contracts allow to define their system of law. The obvious impossibility to find a common juridical ground for the whole group insurances, forces to recognize two separate systems of law. One deals with optional agreement contract, the other with mandatory agreement contract
Garo, Philippe. "L'adaptation du droit des transports maritimes au droit du commerce électronique." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32067.
Full textThe main tool of the e-commere development, EDI (Electronic Date Interchange) led to important works of the international organizations (normalisation, model contracts). EDI applied in maritime carriage but whereas the practice required a documentary dematerialization, there was a B/L dematerialization as cargo title. The B/L was less and less used. EDI continue dits development. However, the International and European organizations could not only take into account EDI to adapt the Law with regard to the amazing development of the e-commerce and they ciontributed to the Law changes. Law had to adapt and e-commerce will be recognized as a legal point of view. The reference to the maritime carriage was not absent from the work sessions of the international organizations; nowadays the Rotterdam Rules incorporate the e-transport document for liner services. The E-commerce Law permits the use of the dematerialized transport documents
Meskini, M'hammed. "La responsabilité du transporteur maritime et de l'entrepreneur de manutention en droit français et en droit marocain." Nantes, 1986. http://www.theses.fr/1986NANT4009.
Full textMorocco already finds itself under the regime of the protectorat, equipped with a regulation that is well constructed and coherant and applicable to the transport of goods by sea : it is the dahir forming the maritime commercial code of 31 march 1919. At the time of its elaboration, the maritime law of morocco, appears a text both complete and very solid. Then, since 1919, a large tranfer operated in the sector of maritime transports. The importance of cargo carried by sea, the growing development of commercial exchanges have given birth to undertakings of handling independant of the companies of navigation which fulfill the demand of the latter with operations which are the preliminary or the necessary continuation of maritime transport. What then is the legal system of intervention in these undertakings and what are the fields of law which they undertake with the charger and maritime transport ? French law before 1966, like Morocco law, regulates the only transporter-destinationrelations, and gives no solution to this thorny problem. Morocco is on the eve of a reform its maritime law, which, following the example of french law of 1966, regulates the spatial limites of maritime transport contract at the same time, the texts have regulated the problem of the titular of the action direct against the undertaker of the handling and the judicial system applicable to this action. On this imprtant point, the moroccan project follaos clasely the law of 1966 in that it suppresses the disparity that used to exist before because, it aligns the judicial statute of the undertaker of handling with that of maritime transporter
Wilpart, Marie. "Secret médical et assurances des personnes." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_wilpart_m.pdf.
Full textThis dissertation deals with the difficulties surrounding the coexistence of medical confidentiality, which imposes the silence, and good faith, the basis of a health insurance contract, which supposes the transparency on the insurant’s health. In the first part, we note that medical confidentiality constitutes a threat to good contractual faith, by paralysing the appearance of truth. Medical confidentiality, being at the same time a duty of the doctor and a personal right, protected by internal and European law under the grounds of one’s private life, it cannot be nevertheless lifted without careful consideration. Only the conciliation seems thus possible. In the second part, we notice that the case law solutions require the lifting of medical confidentiality only when a clause of early renunciation is included in the insurance contract. So, we were interested in article 8 of the European Convention on Human Rights, which protects the medical confidentiality on the grounds of one’s private life, and in the doctrine of the ban to contradict itself to the detriment of others, stemming from the estoppel. The analysis of these legal foundations allowed to admit a lifting of medical confidentiality, limited in time. The insurer would therefore have a certain amount of time to examine the truth. Then, medical confidentiality would benefit again from its absolute protection. All things considered, the legislator will then determine the timeframe required of the lifting of the medical confidentiality for the insurance company. So, if the necessity of the conciliation of the right to the medical confidentiality and the right to the truth presented itself, the intervention of the legislator would be imperative
Aboussoror, Abdellah. "L'exécution du contrat de transport maritime de marchandises en droit marocain et en droit français." Nantes, 1999. http://www.theses.fr/1999NANT4016.
Full textChen, Peng. "L' information précontractuelle en droit des assurances : étude de droit comparé français et chinois." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32067.
Full textRajot, Bénédicte. "Transports maritimes et concurrence communautaire : la confrontation /." Paris : Économica, 2001. http://catalogue.bnf.fr/ark:/12148/cb377170500.
Full textMalecot, Monelle. "La régulation de la concurrence fiscale dommageable dans les transports maritimes." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D017.
Full textZhou, Jian. "Les frontières maritimes de la Chine." Paris 10, 1991. http://www.theses.fr/1991PA100002.
Full textBy invoking the state's sovereignty, china has made since 1949 as its primary maritime policy objective, the consolidation of its maritime boundaries. In order to justify its claims over the sea areas adjacent to its coasts, she has also adopted in different circumstances, the theory of projection of sovereignty of coastal state over the sea. On the one hand, china maintains an intransigent position in the disputes with its neighbors concerning the sovereignty over the Diaoyu islands, the Paracels islands, and the Spratlys islands, considering all these archipelagos as coming into Chinese traditional maritime spaces. On the other hand, she tries to demonstrate some comprehensive flexibility when only the maritime delimitation is concerned. In this regard, the claims of the china, revealed often through its government's statements, are rather the counter-claims. It is remarkable that china has never tried to create unilaterally an effective situation in view to resort or to affect the maritime delimitation matters in relation to its neighboring states. She always insists on the diplomatic means in finding a solution to the disputes
Camille, Arthur. "Responsabilités et assurances du sous-traitant en droit de la construction." Toulouse 1, 2010. http://www.theses.fr/2010TOU10077.
Full textLinglin, Emilie. "Corps humain et assurances de personnes." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020026.
Full textIn that it is intimately linked to the person, the human body is a delicate entity which is the object of diverse protections. Amongst these figure personal insurances which, with their nature of precaution, play an important economic and social role that justifies easier access. This study aims to determine in which manner the specificity of the human body and the will to protect it affect the two principal aspects of contractual processes in insurance: the understanding and the coverage of risk factors. Indeed to determine a risk and to decide to cover it, the insurer must understand it. Concerning coverage of risks liable to affect the individual’s existence, his physical integrity or his health, pertinent information concerns the insurance candidate’s intimacy. In which way is it possible to reconcile the rights respecting private life, medical confidentiality, the protection of genetic data and the insurer’s need for information ? In addition, in order to respond to the ever increasing demands for protection of the human body, the combined actions of legislators and judges cause certain mutations in coverage of risk by the insurer that weigh on the person and it is necessary to study these modalities. Despite all the attention paid to the human body, the “soul” of personal insurance must not be sacrificed
Robineau, Matthieu. "Contribution à l'étude du système responsabilité : les potentialités du droit des assurances." Orléans, 2004. http://www.theses.fr/2004ORLE0002.
Full textAlmeida, Dosse d'. "La responsabilité du transporteur maritime en droit togolais comparé au droit français." Aix-Marseille 3, 1988. http://www.theses.fr/1988AIX32014.
Full textThe togolese maritime charter of july eight nineteen eighty-two and the french law of june eighteenth nineteen sixty-six have substantially filled the gaps of the law of april second nineteen thirty-six still in effect in togo, by integrating into their respective laws most of the clauses of the brussels convention of nineteen twenty-four. But unlike the french law a lot of work has still to be done in togolese law in order to integrate the contents of the two agreements of february nineteen sixtyeight and of december nineteen seventy-nine amending the international treaty of nineteen twenty-four
ROCHDI, ZAHRA. "Le remorquage en droit maritime." Nantes, 1989. http://www.theses.fr/1989NANT4012.
Full textThe towage agreement has developped differently according to the port's towage or the sea's towage. The port's towage agreement is based on clause of conveyance liabilities. The liabilities in the sea's towage agreement has been radicaly changed because of the towage's inerts bodies which apparead with the off shore industry. In the wet tow, the liabilities are based on the "knock for knock". This system has forsaked in the dry tow because the influence of the contractor's. This evolution could be realised by consentement of the insurers
Cuisigniez, Rémy. "L'assurance maritime et la prévention des sinistres." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32017.
Full textConsidering the substanciel losses recorded by marine insurance industry at the turn of the decade 1980-1990 resulting from the overall deterioration of safety, it is now more necessary than ever for insurance company administrators to learn and implement methods for preventing losses which are or which may be available to them. First, insurers have the legal option to require, and even, contractually compel their insured to fullfil certain obligations (warranties) with regard to the sea transport safety. A legal framework therefore exists, however insurers are often unfamiliar with it and consequently the law is seldom enforced, for example as applied to penalties. This is why it is necessary to build awareness of the law and thereby provide greater efficiency. Furthermore, insurers hold another means to induce safety: rates. In applying this principle, the insured party that invests in prevention measures should be compensated by paying lower premiums. Unfortunately, this method, while theoretically attractive, can rarely be implemented on a thorough basis considering the strong competitive pressure that weighs on insurance offers. Finally, it is probable that insurers will be led in the future to intervene on a more direct basis with regard to the safety prevention policy of their clients. This means an increase in safety inspections to be conducted by insurers themselves or by their agents, and no longer exclusively by flag administrations and classification societies whose credibility today has been weakened