Dissertations / Theses on the topic 'Droit des entreprises en difficulté'
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Vasquez, Alexandre. "La cession des entreprises en difficulté." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10030.
Full textTwo technics permits to do the transfer of companies in difficulty : in one side, the transfer of companies in the strict sense of the word, it is the external transfer more frequently called "transfer plan" owing to dispositions in the Commercial code. In other side, the internal takeover leads investors to introduce a business continuation plan which is a protection plan or a recovery plan. This study tries to determine points of convergence or divergence between this two forms of transfer of companies in difficulty. In appearance, some dispositions do the external transfer the more attractive of the transfer form, but in practice the external transfer maintain a controversial connection with other branches of law, that will be a sources of risk for the candidate for taking over. In order to avoid the disadvantage of the external transfer, the latter can make for an internal takeover. The study of conditions and effects of different forms of transfer of companies in difficulty put in evidence the existence of a narrow convergence of the two way of takeover. In this way, the internal takeover take out to be a way of competing transfer of the external transfer. Thus it is sometimes more appropriate for the candidate of the takeover to do an internal takeover then an external transfer
Couturier, Gaël. "Droit des sociétés et droit des entreprises en difficulté." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30088.
Full textIt is commonly understood that, when considering ailing companies, the conflicts that arise between concurrently applicable corporate law and insolvency law can be solved with “special law” that prevails over “ordinary law”. This understanding has lost some relevance through the transformation of “bankruptcy law” into “distressed business law”. The trend towards the use of explicit contracts in these fields is bringing about a change in their finality, content and scope. This evolution of corporate law and insolvency law is creating new apprehension on the part of both the distressed company and the creditors, with the result that both parties are looking for means to combine these subjects when organising the recovery of an ailing firm. Their coexistence in substantive law turns out to be even more subtle and complex. In the case of an amicable settlement of a dispute, a synergy exists between corporate law and insolvency law whereas when a settlement is imposed under court supervision, the prevalence of insolvency law over corporate law is notable. Despite distinct origins, differing finality and radically opposing functions, a common logic motivates the relation between corporate law and insolvency law revealing a legal corpus and case law as a testament to the existence of an “ailing company law”
Ben, Badda Mustapha. "L'entreprise en difficulté à l'épreuve du droit fiscal." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40040.
Full textChopard, Bertrand. "Analyse économique du droit des entreprises en difficulté." Besançon, 2002. http://www.theses.fr/2002BESA0002.
Full textThis thesis deals with the impact of bankruptcy rules on debtors' and creditors' ex ante behaviours, corporate governance and credit market development. Based on an international comparison of bankruptcy procedures, we study the link between the orientation of the bankruptcy system (pro debtor / pro creditor) and the type of the financial system. In the same time, we interpret this diversity as solutions to moral hazard and adverse selection problems between debtors and creditors. From a normative point of view, we explain why the French bankruptcy law doesn't require the use of auctions to resolve financial distress. After, we justify the current reform of the règlement amiable, a specific renegotiation procedure introduced by the French bankruptcy code
Fouquet, Thierry. "L'application du droit communautaire aux entreprises en difficulté." Nice, 2001. http://www.theses.fr/2001NICE0024.
Full textNahoumovitch, Michel. "Le nouveau droit des entreprises agricoles en difficulté." Paris 1, 1990. http://www.theses.fr/1990PA010277.
Full textThe farmers physicals persons having acute financial difficulties weren't able to have access to benefit schelmes except those persons we qualified as sole travers or craftsmen. Some provisions of the law of december 30, 1988 nowadays to those physical persons having an agricultural activity ro benefit as well out of court settlements as to go into receivership or winding up, belonging to the law of january 25, 1985. The object of this thesis wants to demonstrate the particular assets of agriculture examining the questions concerning the law of december 30, 1988 has though the difficulties to make things compatible according to the provision of the rural right with those of out of court settlements or receivership the intervention of state is approach in the frame work of a stady of "commission for farmers in difficulties"
Demeyere, Dominique. "Personnalité morale et droit des entreprises en difficulté." Paris 10, 2005. http://www.theses.fr/2005PA100130.
Full textKoehl, Marie. "La négociation en droit des entreprises en difficulté." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100016/document.
Full textAt first glance, it may seem surprising to focus on negotiation in insolvency law since this branch of law is marked by the seal of public order. However, the logic of dialogue between the debtor and his creditors is increasingly observed in most of the procedures offered to the debtor to deal with his difficulties. The legislator's perspectives have changed: it is no longer just a question of sanctioning, but more of preventing difficulties and safeguarding companies. This evolution has given rise to the desire to understand the current phenomenon of negotiation in its effects on the law of companies in difficulty. The aim was to determine, in the texts, the reality of the negotiations and, as a counterpoint, the real share of the judge's power. The promotion of the negotiation process in dealing with business difficulties has upset, on the one hand, the balances within the procedures. Negotiations appear to have been strengthened in procedures that were originally judicial and collective and in which unilateralism was prevalent. Conversely, mutual agreement procedures are more judicial in nature than before. As a result, the dividing line between amicable and judicial proceedings is less clear than in the past. The development of negotiation has also upset the balances between the players: at the heart of the search for a solution to the company's difficulties, the debtor and his creditors are placed at the forefront of the processing. The changes brought about by the integration of negotiation into the law of companies in difficulty are also changing the values traditionally attached to the subject. Traditional principles such as the equality of creditors are reduced. However, these changes offer above all a more balanced and attractive law. If the judge's traditional office seems to be distorted, his power is strengthened accordingly. The negotiation process requires the establishment of a strict legal framework and significant judicial control to ensure that the fundamental rights of the parties are guaranteed. Above all, the debtor and his creditors will more easily accept a solution in their control. This development shows that the law is more based on the idea of trust. Thus, because of the many advantages known to it, the amicable way could still play its charms with the French legislator
Mpika, Jean-Aime. "La responsabilité civile des dirigeants sociaux dans l'entreprise en difficulté : étude comparative droit français et droit congolais." Paris 10, 2002. http://www.theses.fr/2002PA100022.
Full textOllective proceedings make provisions for the implication of the managers whose weakness reveals the inadequacy of assets. The cocern of the laws aims to stabilize commercial activities. If the case both in the French and Congolese PositiveLaw on collective proceedinds, there are however two fundamental divergences between both legal systems considered. One the one hand, both legislations do not have the same philosophy. As a matter of fact, whereas the french Corporation Law, based upon a distinction between the firm and its managers - permise of modernity- favors economic efficiency all the more so since recovery is a priority. On the other hand, the Congolese bankruptcy Law, underestimates this principle and focuses on moral rigor to the detriment of economic efficiency. It explains its repressive and indeed almost penal role. The congolese bankruptcy laws is therefore essentially punitive and aims at liquidation insofar as the firm's recovery is not the purpose of the law. As a result, it is eventually not adapted to the constantly changing economic context. The difference in the philosophy of respective texts implies therefore a diference in concelving : the modernity of French Law on collective proceedings opposed to the anachronism of the Congolese bankruptcy. .
Balle, Thierry. "Entreprises en difficulté et fiscalité." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND011.
Full textEntreprise insolvency proceedings are growing up, unfortunately, each year. It seems that - and we understand why – it is easier for each government to rewrite commercial laws instead of giving to these companies a steady and sustainable market. Nevertheless, we think that there is a common actor in all these insolvency proceedings that may help ailing companies : The French public Treasury. In that way, insolvency laws and tax laws have to stop to follow their own way and should combine their forces in a common goal : the entreprise survival. French Treasury, frequently known as the proceeding ogre, should not be seen anymore by the debtor as an enemy, harming his redressment, but as an allied partner and then, the debtor should be able to use the French tax administration power to his own profit. Our works, analyzing the existing proceedings, suggest some new solutions in order to make easier such an adaptation
Bougja, Abdennaceur. "La banque et les entreprises en difficulté." Toulouse 1, 1986. http://www.theses.fr/1986TOU10036.
Full textSuch a survey aims at two targets. First it intends to define the bankers part and liabilities in the lending, renewal, and cancellation of credit to companies in deficit. It matters to underline the rights and liabilities of credits lending institutions as far as the financial difficulties of these companies are wellknown and can be protected. These credit institutions contribute to the recovery and safeguard of a company submitted to some king of auditing. The survey also intends to show the relative fragile financial power of creditors in the procedure and settlement by collective arbitration. Through this approach can be autlined the whole range of rights and duties between banks and companies in deficit
MELEDO, BRIAND DANIELE. "Nature du droit des entreprises en difficulte et systemes de droit." Rennes 1, 1992. http://www.theses.fr/1992REN11012.
Full textThe thesis' subject is to analyse the nature of the new bankruptcy law. Issued from the 25 the january 1985 act. Bankruptcy law is coherent, based on a legal organisation and a judiciary implementation. This basic division proves the connection between business law and judiciary law. Brankruptcy law is specific but it doesn't depart from common law. It displays the "economic cause" in the relationship between contractual law and real law. So, the contract takes an economic value as well as the property rights, cutted off of their object. Bankruptcy law is realised in judiciary law, by an economic contentious business. The result is that proceeding rules are modified but basic principles are preserved. The new bankruptcy law is an economic one wich sets a very different organisation compared to the antecedent law ; it's an innovating plan
Cagnoli, Pierre. "Essai d'analyse processuelle du droit des entreprises en difficulté." Caen, 1999. http://www.theses.fr/1999CAEN0052.
Full textEl, Hajjami Ahmed. "Le redressement des entreprises en difficulté en droit marocain." Metz, 1988. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1988/El_Hajjami.Ahmed.DMZ8801.pdf.
Full textThiberge, Mathieu. "L'entreprise saisie par le droit des entreprises en difficulté." Caen, 2010. http://www.theses.fr/2010CAEN0093.
Full textThe Bankruptcy Law seems to have recently undergone a major transformation, which tends to present the firm as the recipient of the rules of the bankruptcy proceeding. This point is revealed by its title that mentions the difficulties of the firm, and the new wish to save the firms that can be. This change, however, raises questions. Technically, in fact, the bankruptcy proceeding is facing a debtor, subject to law, natural person, or legal entity, which remains a very traditional concept. Initially, the study reveals the fundamental inadequacy of this subjective approach to the situation of the debtor that is not only a business owner, such as a natural person. The procedure then seizes all its assets and debts, not the firm itself. It is therefore likely to miss its targets. Although, occasionally, certain rules favor some individualization of the economic activity, it remains unfinished. Conversely, in a second step, the same inability to grasp economic activity occurs when a business is run by several debtors, or when the business assets are owned by several persons. The analysis then shows that the firm is not subject to the bankruptcy proceeding, because it is always a debtor who is referred. Although some patches, such as the extension of bankruptcy proceeding, show a wish to look for the firm, they remain marginally efficient. The bankruptcy law is therefore not yet the firm’s law, but at most a law conceived for firm owners’ running to debts
Maraud, Olivier. "Les associés dans le droit des entreprises en difficulté." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0067.
Full textThe Schedule VI of Commercial Code is silent on the insolvency of companies, therefore there is no specific treatment for the shareholders of a debtor company. The first part of this dissertation will be to determine the statutory rights of a shareholder. These rights will be applicable to any shareholders of an insolvent company. Regardless of whether they are the first party to be affected, they do not appear to be involved within the prevention and remedy of the company in difficulty. There has recently been some progress that could resolve this situation. However, the lack of legal provisions on the shareholders’ rights and obligations, is an obstacle to address the difficulties. Yet the legislators have created a number of rules in order to involve the shareholders in the rescue of their company. Shareholders definitely require to have their status improved. The second part of the study will propose the establishment of a complementary shareholders status. This status would apply to some partners only. The Schedule VI of Commercial Code already contains specific rules for the shareholder, where they are a company executive. These rules could be introduced to this proposed complementary status. Furthermore, special prerogatives could be granted to the leading shareholder in charge of the company for dealing with the difficulties of their corporation. He should also have specific obligations and liability. Therefore there should be another complementary status. To conclude, a refined approach through the shareholders themselves could benefit Insolvency Law as a whole
Girval, Cyprien de. "Restructurations financières et droit français des entreprises en difficulté." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30042/document.
Full textTo face financial difficulties, companies shall proceed to restructuring operation involving modification of their assets and liabilities. To this end, companies shall identify and overcome barriers to this operation to reach an overcome suited to their new needs. Each legal system provides different responses according to its legal origin, common law or civil law, and the interests it aims to protect. Between the debtor’s and the creditor’s interests, French insolvency law evolved a lot as the companies and the creditors became more sophisticated. From a bankrupt law to a creditors-friendly law, French insolvency law became a debtor-friendly law and now appears to be a mixed law which seems to protect both parties interests in a more balanced way. Despite its civil law origin, French law is constantly influenced by commercial courts that seem to force a mutation following the financial and legal innovations of large companies, while remaining adapted to small businesses. This living and proactive law clearly states its objectives to preserve the business, the employment, reduce liabilities and provides tools for companies facing difficulties, when the debtor and the creditors fail to overcome their diverging interests. These tools evolved and have to continue to evolve to adapt to contractual innovations of some business stakeholders, while remaining a protective environment for others
Capoen, Anne-Laure. "La responsabilité bancaire à l'égard des entreprises en difficulté." Toulouse 1, 2008. http://www.biu-toulouse.fr/uss/scd/theses/fiches-pdf/capoen-a-l/index.htm.
Full textArticle L 650-1 of the Commercial Code, created by the French Insolvency law of July 26th 2005 (Loi de sauvegarde des entreprises), limits the creditor's liability in tort : he is no more liable for the damages suffered because of credits granted to companies in difficulty. If the legitimity of the measure has been disputed, it answers nevertheless to a general interest objective : promote supply of loans. Tort damage actions are admissible in three cases : fraud, characterized interference with the management of the debtor, or the obtention of disproportionate guarantees on the credits, which constitute the only three admissibility cases of excessive financial backing actions. From now on, creditors take advantage of this immunity. Reasons of lapse of this immunity aim at moralize business law. But these limits to liability in tort do not concern the other cases of creditor's liability. He remains liable for damages in case of improper breach of loan contract, in case of no respect of his duties towards no informed borrowers, or when he is the manager-in-fact of the company in difficulty. Lastly, providing ruinously expensive ways to avoid or delay opening insolvency procedure, involves creditor's criminal responsability, as he is considered as accomplice. Moreover, consequences of the liability have deterrent effects, especially nullity of guarantees. So, this limitation of liability gives opportunity for creditors to invest more in corporate financing ; nevertheless this opportunity has to be taken, without lapsing into excess
Sassi, Mondher. "Les actions en responsabilité en droit des entreprises en difficulté." Toulouse 1, 2010. http://www.theses.fr/2010TOU10046.
Full textLargely inspired of "Chapter 11" of the American federal law on the bankruptcy, the law of safeguard of July 26, 2005 deeply renovated the law on the enterprises in difficulties by affirming the primacy of the anticipatory procedures on those purely judiciary (compulsory liquidation). As consequence, the economic treatment of an enterprise is favored as soon as a difficulty foreseeable or proven is detected. In another word the economic treatment is possible well before the suspension of the payments. The question of the adaptation of the whole actions in respect of pecuniary, penal and professional liability with this new conception is a question of a major importance. Indeed, these actions have to fulfill cumulatively two requirements, a priori paradoxical, namely the requirement to achieve their role original of moralization, but to also be in adequacy with this new conception. It is under these two requirements thaht the title V of book VI of the commercial code entitled "the responsibilities and the sanctions" was designed. In these adaptations of the actions of responsability to this new conception of the law of enterprises in difficulty, interferences, imperfections and excesses were raised, of which the ordinance of December 2008 did not completely bring the remedies
Farhi, Sarah. "La fiducie-sûreté et le droit des entreprises en difficulté." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0036.
Full textThe fiducie is a new legal instrument introduced in the French system by a law passed in February 2007. Being a mecanism of security, or management, the fiducie’s favoured use is in guarantee of payment. Indeed, considering not only the ineffectiveness of the classical security interest systems, which confers preferential rights, but also the economic crises and bankruptcy laws, creditors look for safeties the efficiency of which is absolved. Thanks to the temporary transfer of ownerships of assets, purposely allocated to the payment of the creditor, the fiducie conveys the dream of absolute security. Besides, with its use of a temporary ownership and a special fund, the fiducie modernizes the classic principles of the French law system regarding property. It also contributes to the development of transfers of titles for security purposes in France. Therefore, a precise study of the regime of the fiducie and of its characteristics is essential ; but it is however insufficient. The development of fiducie will undeniably depend both on the coherence of its system as on its effectiveness in the insolvency of the debtor, since security law and bankruptcy law are two inseparable subjects. If protecting the creditor against the debtor's insolvency is the function of security law, treating insolvency is the function of banckrupcy law. As far as security is concerned, bankruptcy laws act as indicators of efficiency. Therefore, in order to ascertain the efficiency of the fiducie, an assessment of the treatment of this sureness in the French banckrupcy law is unavoidable
Ould, Eba Moussa. "Le rôle de l'information en droit des entreprises en difficulté." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10079/document.
Full textInformation is a reliable means of management and essential for the protection of the interests of actors in economic activity. It plays an important role in the prevention and treatment of business difficulties. Indeed, in light of the accounting, financial and social information, managers can prevent problems and make decisions appropriate to the situation of the company. However, in case of insolvency, the need for protection is substituted for that of prevention. The role of information is therefore to ensure the smooth running of insolvency and to protect the interests of the parties
Hilmy, Nadia. "Essai sur le perfectionnement du droit des entreprises en difficulté." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1007.
Full textA company in distress is a ground for conflict between different interests. Studies on the development of legal rules allow determining the interests protected in law and fact. The latter emerge from the content and function of the notion of the company’s interests. The equilibrium is found between economic rationality and legal rationality. However, it faces the provisions of the laws of layoffs inappropriate to the situation of companies in insolvency. In fact, the absence of this scheme in the backup procedure does not affect its effectiveness especially as it is part of a movement of anticipation and contracting. The judicial law of firms-in-difficulty refers to the judicial rules governing procedural law and the distribution of power among stakeholders. If the debtor's situation has improved, the place given to creditors, particularly in the procedure involving creditors’ committees, is not audacious. Consultations of common law resumes at the slightest incident. Much trouble for nothing! Our study is not only justified by the economic and social context, but also because of the specificity of procedural laws. After the latest reforms, an inventory was necessary
Borelly, Céline. "La notion juridique d'entreprise en droit des procédures collectives." Montpellier 1, 2004. http://www.theses.fr/2004MON10048.
Full textAl, Saud Salman ben Abdel Aziz ben Salman ben Mohammad. "Problèmes de base du droit des entreprises en difficulté : étude comparée droit français - droit saoudien." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020096/document.
Full textAt a general level, French law and Saudi law provide similar solutions to companies facing financial difficulties: they both provide for the possibility of a non-contentious treatment of the difficulties through an agreement between the debtor and its creditors; if this process fails, an insolvency procedure will be initiated. However, the philosophy of the two systems is far from being the same: the main concern of French law is to achieve save the company, that it considers being creative of wealth and jobs, whereas Saudi law has essentially the concern of securing the creditors' rights. To achieve its objectives, French law has been very active in this area, while the Saudi law remains in its Regulation of 2 June 1931 on bankruptcy and its decree on preventive conciliation of bankruptcy dated 24 January 1996. Where the French insolvency system is complex, the Saudi one is simple. The analysis of the basic issues in this area leads to wonder whether a third route could be considered
Kanga, Bienvenu. "Entreprises en difficulté et droits des salariés : de l'illusion au désespoir." Paris 13, 1993. http://www.theses.fr/1993PA131015.
Full textThe aim of this thesis is to study the mechanisms for the protection of employees in firms in cresis; in this manner it raises the question of infiltration of employment laws into business law and the dissolution of the former for the needs of the latter. Section i deals with the study of collective employment laws for workers in everyday running of a company and in the context of civil law. There is an emphasis particularly on the problems brought laws for workers in everyday running of a company and in the context of civil law. There is an emmphasis particularly on the problems brought by the rules governing amicables settlement for firms in difficulty and the inefficiency and perverse effect of power for initiative and control given to personnel staff by the march ist 1984 law. Section ii assesses the law maker's failure in his willingness to the maintain the running of businesses, employment safeguard and the balancing liability. This employment safeguard is found to be utopic for in reorganising civil law, in its first article, the 25th january 1985 law has given priority to the rescue of companies and this has resulted in severe employment loss accentuated by an unfavourable economic climate and use of judicial redressment as a normal management tool giving precious opportunities to certain companies' bosses. Employment is more than accentuated in that the re-training of the work force for new careers is purposeless. The only comfort is that wages are well protected by the ags
Fort, Gilles. "Les plans de redressement des entreprises en difficulté." Nice, 1988. http://www.theses.fr/1988NICE0029.
Full textToh, Aymar. "La prévention des difficultés des entreprises : étude comparée de droit français et droit OHADA." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0284/document.
Full textDue to the inadequate judicial processing of difficulties encountered by enterprises today, the right to prevention is becoming more and more attractive. In France as in Ohada, the law of July 26 2005 and the uniform act concerning collective procedures of passive clearance have stressed the importance of the negociated solutions in order to straighten the curve of the numerous company failures. On account of incitative mesures in favor of debtors and creditors, the confrontation of the French prevention system and the Ohada prevention system have limited results despite the quality of the various prevention systems. Even though the French prevention system, which appears to be better structured and better organized, serves as a model to the juidicial system of Ohada, it must be noted that both legislators are far from achieving their goals. In fact, company failures are increasing rapidly, highlighting the ineffectiveness of the judicial prevention mecanisms that have been proposed until now. Consequently, a reform of all prevention devices in both judicial orders is required. Moreover, the comparative approach set by this matter's principle aim is to develop a new approach in company law which henceforth advocates contractualization of the matter in order to make it more effective
Stoll, Rémy. "Entreprise en difficulté et droits des salariés." Université Robert Schuman (Strasbourg) (1971-2008), 1994. http://www.theses.fr/1994STR30012.
Full textThe aim of this thesis is the study of the rights and statute of employees in situations of financial crisis and bankrupcy in the sense of the two above mentioned law. The economic concept of "entreprise en difficulte" retained in this thesis is an extensive one ; soit makes possible an analysis of wage-earners rights in the whole juridical means established in order to prevent and cure financial and economic difficulty. Two major points can be put up wage-earners considered as members of a "working collectivity". This is inducing a very specific kind of right, which can be called an "economic right of labour and employment" ; two main aspects are envolved here : - a series of rights of information and intervention confered to the employees and their representatives ("comité d'entreprise") at every step of the above mentioned procedures - a specific protection of employment, in the law of 25 th january 1985 (paragraphe 1, 81, 85, 155) wage-earners regarded as creditors of their own employers. This point induces a more traditional "right of protection" ; so this thesis has to study the specific procedures confered to employees in order to secure their immediates financial interests. This study is including an analysis of the juridical relationship between wage-earners and the AGS system (wage guarantee system)(procedures and field of intervention)
Eckert, Gabriel. "Droit administratif et commercialité." Université Robert Schuman (Strasbourg) (1971-2008), 1994. http://www.theses.fr/1995STR30001.
Full textAdministrative law is more and more frequently connected with commercial activities. This relationship strongly marked by a tendancy to make commonplace the legal system of the public authority's interventions on economic matters. This implies either a reduction of the field of administrative law or a modification of its content. Regarding commercial activities directly or indirectly provided by the state's representatives, the enforcement of commercial law depends traditionnally on the choice of managing these activities, that is to say, the will of public authority. This subjective notion of commercial law gives public authority special privilege. But on the initiative of public law especially of the more recent fields of commercial law, the latter tends to implement objectively, according to the nature itself of the activity in question. The result of strengthening the principal of equality of treatment between public and private actors leads to reduce the field of administrative law. Regarding the activities of ordinary shopowners, administrative law traditionnaly places them in a precarious situation, while accepting the technics of bussiness relationships which seem to be more adapted to the action of the state's representatives. However to reassert the role of commercial activities in terms of social benefits tends more and more the requirements of bussiness life, particulary when a firm is in difficulty. This results in a transformation of administrative law content in relation with commercial activities. Such a setback in administrative law makes it necessary to question the destiny of the state
Prat, Carine. "La concurrence des pouvoirs dans les sociétés en difficulté." Toulouse 1, 2001. http://www.theses.fr/2001TOU10039.
Full textThe study of the competition of powers within ailing compagnies is aimed at analysing the effects of the opening of a judiciary collective bargaining on the hierarchy of powers within the compagny life. On an external level, it appears as the stumbling of Compagny Law and Collective Bargaining Law. On an internal level, it can be considered as a procedure used to reach a specific aim
Roméo, Michèle. "Les époux et le droit des entreprises en difficulté : Thèse de Doctorat en Droit." Nice, 2002. http://www.theses.fr/2002NICE0001.
Full textThe study of married couples in the context of the law governing businesses in difficulty covers several fields of law. Civil law stands on one side, notably with the respective laws concerning matrimonial settlements, guarantors and joint ownership, and standing on the other side is the law governing companies in difficulty. The various provisions favour different interests : those of the spouses, and those of the creditors. The confrontation of these rules is a source of problems. After examining the case law and the doctrine, it is clear that the texts are compatible. No single system of rules has priority over another. Consequently, spouses and creditors both have legal means available to them to protect their interests
Delattre, Olivier. "L'entreprise en difficulte face au droit communautaire." Lille 2, 2000. http://www.theses.fr/2000LIL20030.
Full textMougharbel, Safaa. "Les entreprises en difficulté : contribution à une réforme du droit libanais." Clermont-Ferrand 1, 1991. http://www.theses.fr/1991CLF1A001.
Full textMougharbel, Safaa. "Les entreprises en difficulté : contribution à une réforme du droit libanais." Clermont-Ferrand 1, 1991. http://www.theses.fr/1991CLF10114.
Full textDiarra, Abdouramane. "Cautionnement et entreprises en difficulté." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD006/document.
Full textThe treatment of the economic difficulties of companies was originally oriented towards liquidation because of its traditionally moralistic approach, since bankruptcy was then necessarily faulty. Driven by the various economic crises and mass unemployment that they provoked, it became clear to the legislator that such an approach to economic failure had to evolve.Thus, for several decades now, the emphasis has been on preventing difficulties. In this new context, the legislator intends to rely on the guarantee, a natural person, as a lever of anticipation. It thus exploits the status of secondary debtor of the latter, hoping that its fear of being called after the bankruptcy, will lead it to direct the principal debtor towards the preventive procedures. It is for this purpose that it extends, under certain conditions, the benefit of the protective measures enacted in favor of the principal debtor in the context of such proceedings. In so doing, these measures constitute a derogation from the guarantee in the context of collective proceedings, which should encourage creditors, who seek above all the settlement of their claims, to consider other mechanisms of this type as collateral for the insolvency of the principal debtor is not the primary function. In turn, the guarantor, in order to ward off the risk of a definitive contribution burdening it in the event that the procedures envisaged have not resolved the economic difficulties of the principal debtor, will have to explore different avenues which will allow it to dilute this risk
Galokho, Cheik. "Droit de la concurrence et droit des entreprises en difficulté : de la recherche d'un équilibre juridique." Perpignan, 2012. http://www.theses.fr/2012PERP1097.
Full textBetween competition law and bankruptcy law confrontation is inevitable. Competition Law establishes rules for the selection of the best companies in the competition. It inevitably leads to the elimination of the weakest companies, as long as that elimination does not compromise the competitive process itself. Bankruptcy law creates for its part rules aimed at rescuing firms in difficulty, to maintain their activities and jobs. This law promotes the conservation of companies, even when their difficulties result from normal competition. In this confrontation, no law can claim to completely defeat the other, it is the way of a balance that must be privileged. The balance between logics animating the two laws is a legal necessity that arises from fundamental social and economic choices made by the legislator, both at European and domestic level. The law therefore seeks a balance between the two bodies of rules, a balance which requires mutual consideration of different logics animating these two main branches of commercial law
Staes, Olivier. "Procédures collectives et droit judiciaire privé." Toulouse 1, 1995. http://www.theses.fr/1995TOU10034.
Full textCroizier, Isabelle. "La Communauté européenne et le soutien public des entreprises en difficulté." Rennes 1, 2000. http://www.theses.fr/2000REN10402.
Full textIn order to be approved by the European Commission, the granting of state aids to firms in difficulty implies the implementation of a restructuring program capable of restoring their viability in the long term. However, the member States often refuse to integrate the principle of restructuring thoroughly into their conception of a national policy regarding aids to firms in difficulty and into its implementation. That is the reason why the thesis favors a public law specialist’s approach to the question and, more specifically, consideration about the sharing out of competences between the European Commission and the member States. The thesis, straightaway, sets out to adopt the perspective of a situation of conflict and gives the elements that enable us to understand the repressive policy implemented by the Commission, with the unfailing support of the Court of justice, with regard to aids meant to ensure the mere preservation of the firms. The ever increasing number of recovery injunctions, especially after the Single European Act, is the very epitome of that tendency (1st part of the thesis). However, the persistent tendency of the member States to fail to comply with the requirements of the Commission challenges the relevance of the repressive approach (2nd part of the thesis). The Commission should indeed encourage the member States to systematically restructure firms in difficulty that benefit from aids, while promoting a framework for industrial restructuring that could be socially acceptable. Among other things, the Commission should put forward its favorable approach to national aids meant to cover the social costs of restructuring and make people more aware of the coordination of national aids with the system of Community aids, without overlooking, beyond the existing laws, a more forward-looking approach to industrial mutations
Safa, Rachid. "Les procédures applicables aux banques en difficulté en droit comparé." Clermont-Ferrand 1, 1991. http://www.theses.fr/1991CLF10008.
Full textStankiewicz, Murphy Sophie. "L'influence du droit américain de la faillite en droit français des entreprises en difficulté : vers un rapprochement des droits?" Strasbourg, 2011. https://publication-theses.unistra.fr/public/theses_doctorat/2011/STANKIEWICZ_MURPHY_Sophie_2011.pdf.
Full textThe latest reforms of French bankruptcy law have demonstrated the interest of French legislators and practitioners in the American procedure of reorganization, chapter 11 of the title 11 of the federal code of the United States (popularly known as “chapter 11”). As a consequence of this interest, certain American legal concepts have been introduced into French law. Some illustrations of this are the new procedure of “sauvegarde”, classes of claims or interests, idea of a “second chance” for the debtor and the prepackaged plan (i. E. The accelerated financial safeguard procedure or “procedure de sauvegarde financière accélérée”). In particular, the influence of American bankruptcy law is omnipresent in the French procedures of “sauvegarde” and “redressement judiciaire”. The study of this influence raises questions regarding its future in French law. On the one hand, some aspects of American bankruptcy law merit inclusion in French law, such as the bankruptcy estate, the debtor in possession or the “best interest test”. On the other hand, the recently demonstrated weaknesses of the American reorganization system, as well as the recognition of the international character of bankruptcy law, are limiting factors for the influence of American bankruptcy law in France
Janssens-Peyrega, Valérie-Anne. "L'influence du droit communautaire sur le droit interne des aides aux entreprises." Reims, 2007. http://www.theses.fr/2007REIMD008.
Full textThe French economy has been for approximately 30 years in phase of adaptation: the increasing globalization of the economy, the opening of the tïnancial markets, the emergence of new branches of industry, led it to painful adaptations as well industrial and commercial sector as financial sector. The European regulation has a real impact on the French policy. The economic policy of the country does not escape this data. Article 87 of treaty EC makes incompatible with the market the govemment aids of the state. This same article poses at the same time certain installations by authorizing same blow certain forms of assistances framed well in precise fields. The economic weight of the local communities became impossible to circumvent in the French economic life since those are actors of the local economic development and had to be implied in favor of the companies in an increasing way. Of this economic preponderance of many imperfections of the legal fmnework of the interventionism of communities in the economic one can be raised. Since the middle of the years 1980 the internal policy has exchanged of orientation. The communities seek less assistance with the companies in difficulties, but more the economic development, and turned to the creation of companies. That resulted in the installation of structures making it possible to the young creators to create their own Company. The Community authorities preach, obviously, the natural disappearance of companies whose financial standing does not enable them to face competition. The sanction inflictedl to the authorities to recover illegal or rather inappropriate assistances also tends to correct or limit
Vinckel, François. "L'acte suspect ou la théorie des nullités à l'épreuve du droit des procédures collectives." Paris 2, 1999. http://www.theses.fr/1999PA020103.
Full textLesage, Laurent. "La résolution du contrat à l'épreuve du droit des entreprises en difficulté." Lille 2, 2003. http://www.theses.fr/2003LIL20003.
Full textTypically, the encounter between the law of contracts and the law of collective proceedings is presented as a confrontation resulting in the defeat of the first one. In the respect, the application of rescission processes, whether it be any rescission ordered by court or the avoidance clause, the analysis of new forms of cancellation generated by the law of financially troubled businesses and more generally the structuring of the various statutes still give rise to many questions. The fact remains nonetheless that the systematic opposition between common law and special law eventually turns out to be rather simplistic. Concerning rescission, a convergence between special law and common law can be highlighted, at times to support the continuation of the agreement, on other occasions to encourage unilateral rescission, for the sake of economic efficiency. It was then crucial to consider the future of our system of contract rescission in view of the law of financially troubled businesses. Could solutions determined by this special law for any breach of contract be the omen for a deep change in the common law rescissions ?
Sabathier, Sophie. "Le droit des obligations à l'épreuve du droit des procédures collectives." Toulouse 1, 2000. http://www.theses.fr/2000TOU10026.
Full textDisa, Lyvia. "Responsabilités et sanctions civiles du dirigeant d’entreprise en difficulté." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10029.
Full textIf the law is an evolving subject, collective procedures give a particularly blatant illustration. Begun by the law of July 26th, 2005, reforms followed up as one goes along shaping the current regime. The led study aimed to report reached evolutions, regarding responsibilities and regarding civil penalties applicable to the company director in ailing firm. Thus it conduced to examine the purpose, efficiency and coherence of the regime, in the light of numerous legislative and case law upheavals, and this compared with past regulations. The following approach proceeds in two steps in order to demonstate the paradox of its organization. Accordingly on one hand the common principles which govern the exercise of the actions for penalties were developed, and on the other hand, the disparities of mechanisms and conditions of their implementation were revealed. The first angle of study gave the opportunity to apprehend the subject of right concerned by this specific regime, in particular by wondering in about the company director's general notion, with regard to the diversity of the concerned entrepreneurial activities. It served, besides, to examine the various modalities of procedural submitted, among others, to the requirements of impartiality and proportionality. The second angle of study attempted to highlight the diversity and the specificity of the applicable civil penalties. Firstly, the evolution and the distinctive feature of the patrimonial responsibility allowed us to underline its main purpose and then, secondly, the link between the professional penalties conduced to strengthen their distinction by asserting their singularities
Rey, Perrette. "De l'usage de la loi du 1er mars 1984 relative à la prévention et au réglement amiable des difficultés des entreprises." Paris 1, 1993. http://www.theses.fr/1993PA010278.
Full textBecause prevention is bess than cure to save businesses and jobs, the ambition of the 1984 act was to put in french legislation a coherent and complete system aimed at preventing troubles for companies. This system has three progressive stages : - first, improving estimated managerial information, - secondly, preventing by a warning mechanism that the auditor should use and the joint production committee may use, - third, the voluntary arrangement between the debtor and his main creditors under the supervision of the court. Eight years of practice have revealed gaps in the text and the insufficient use made of it : - establishing estimates is not compulsory for small businesses to whom it would have been useful, - the auditors have still a shy practice of the law and the joint production committee does'nt use it, - but the voluntary arrangement, that everybody thought it was dead, has a new youth on the initiative of the commercial court of paris in regulating the reale estate crisis
Lévy, Jean-Marc. "Contribution à l'étude de la cession d'entreprise dans le redressement judiciaire." Paris 1, 1989. http://www.theses.fr/1989PA010278.
Full textAs solution to the bankruptcy pr5ocedures, the sale of a firm is one of the major innovations of liquidation and bankruptcy proceedings. In this regards, it allows the achievement of th three main objectives : maintain activity and jobs, clean-up of liabilities. For lack of a definition, the law picked "its" definition of a firm in the tax ruling that caracterises it as the economical activity that is independently managed. The operation has the goal to insure the global, judiciary and forced transmission of the firm or of the producing unit. It is not bound by contract, it is an original institution of judiciary origin allowing the forwarding on contracts necessary to maintain the activity. The role of the judge is considerably modified, he acts more as a decider rather than as an umpire between private rights. Its legal background lacks coordination with previous legislations and coherence as the transmission is not instant. By lack of a general system it forms the nucleus of french law on the sale of firm
Baux-Valerdi, Anne-Camille. "Recherche sur le droit du financement des sociétés commerciales en difficulté." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0569.
Full textIn order to solve their financial difficulties, trading companies need to put in place funding measures to overcome the obstacles they may face. The present thesis discuss about with the financing of trading companies in difficulty, the law applicable and the possibility for them to ensure their rescue/rebound in a difficult financial context. They have financial solutions that are common to other debtors. The distressed trading company is one of the debtors concerned by articles L620-1 and L631-2 of the Commercial code and can therefore benefit from the measures of the insolvency law which are negotiated by the manager and/or his council or imposed by the court depending on the context. The social structure is also a legal person with its own legal regime which is erased to the benefit of the provisions of the Commercial code relating to the preventive and curative proceedings of insolvency law. That is why there are financing tools reserved only for distressed commercial companies. The measures to finance or refinance a trading company have evolved and continue to evolve to adapt to legal innovations while ensuring respect for all interests in the presence
Adjagba, Irène. "Le déclin des sûretés réelles spéciales dans les procédures collectives de redressement des entreprises." Paris 2, 1988. http://www.theses.fr/1988PA02T101.
Full textAlquier, Alexandre. "La loi de sauvegarde des entreprises en difficulté : sauvetage des entreprises ou protection des créanciers ?" Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32002.
Full textIn our modern market economies, the collective procedures play an essential part. The legislator of 1985 there had already not been mistaken and had introduced a right in adequacy with economic diagrams of its time. In twenty years, the economy has deeply moved and this right, which leads to 95% of bankruptcies, is not there more adapted. The legislator of 2005 marks, with " law of safeguard of the companies in difficulty ", a will to break with this acknowledgement of failure. Taking as a starting point the Chapter Eleven American, but also in tie lesson of the errors of the past, it reforms the whole of the right of collective procedures by supporting anticipation massively there and in giving again a place activates with the creditors, often abused under the empire of old law. Present study more particularly approaches this important reform with through prism of the creditors. The success of this law, which necessarily passes by a change of mentalities, contains without question of real innovations and should result in giving again with the creditors a major role in these procedures