Dissertations / Theses on the topic 'Droit du suite'
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Tamwa, Talla Guy Rostand. "Le droit de suite." Thesis, Nantes, 2020. http://www.theses.fr/2020NANT3022.
Full textThe right of tracing is apparently a simple notion. In examining attentively the doctrine, it appears that this notion is unclear, because there are many definitions. We can however distinguish the classic conception and the modern conceptions of the law of tracing. The two conceptions can be qualified as subjective, because the right of tracing is essentially viewed as a power of a subject. More precisely, it is the prerogative which enables a subject to follow a thing in whatever hands it may be. This subjective approach of the right of tracing is insufficient in many ways. Therefore, the way of analysis must be changed, and the right of tracing should be primarily viewed as a rule of transmission of a thing with a charge attached to it. Such an approach can be qualified as objective. More simply, the right of tracing conveys the idea that in case of transmission of a thing, the charge attached to that thing follow it in whatever hands it may be. This objective approach of the law of tracing does not imply the abandonment of the subjective conceptions. On the contrary, both approaches are two aspects of the same notion. But the objective approach is the principal aspect of the notion of the right of tracing. The subjective approaches are in reality the application of the right of tracing. However, this application must be flexible and pragmatic. The conditions, the methods and the effects of the application may change depending on the title of the person who is following, the title of the person who has the thing in his hands, and the nature of the thing followed
Bailliencourt, Clarisse de. "Le droit de suite des artistes plasticiens." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA016.
Full textResale royalty rights came into being in France with the growing awareness of the difficult financial conditions faced by otherwise successful artists. The prevailing image was one of the artist’s family watching the price of his works soar yet with no financial gain for itself. The early 20th century saw increasing numbers of initiatives taken to resolve the difficulties caused by this unfair situation, resale royalty rights becoming enshrined in French law with the law of 20 May, 1920, before subsequently spreading abroad. Through an interesting lobbying process, the European Union has also enshrined resale royalty rights, and the movement appears to be spreading. Despite this laudable movement and its spread, resale royalty rights continue to be criticised, thus bringing their very legitimacy into question. These rights, the system of which was rapidly established, are still in search of a true rationale
Roussat, Léon. "De la survie du droit de préférence au droit de suite en matière hypothécaire." Lyon : Université Lyon3, 2006. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/1990/roussat_l.
Full textLeach, William H. "Droit de Suite in the United States: The American Royalties Too (ART) Act of 2014." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/927.
Full textBascugnana, Jean-David. "Les successions particulières légales et para-légales." Toulouse 1, 2010. http://www.theses.fr/2010TOU10052.
Full textWith the emergence of new hypotheses of right of return and the reproduction of exceptional rules of devolvement, consequence in particular laws n°2001-1135 of December 3rd, 2001 and n°2006-728 of June 23rd, 2006, the notion of "particular successions" arouses a renewed interest in doctrine. This study aims to provide a complete analysis of the notion envisaged as a specific mode of transmission of certain constituents of the heredity. First of all, it seemed necessary to specify it, so much it was modified by the last legislative interventions. The notion then revealed all its specificities. Based on heterogeneous rules of devolvements, taking account into the affection, the nature or the origin of the property, the particular successions allow the personalization of the devolvement as well as the transmission of the specific possessions to the heir best to receive them. However, as any successions, these produce consequences at the time of the inheritance regulation. At this stage, the study advanced the difficulties bound to the conciliation of the particular successions, both with the common succession and between them. The examination of the various exceptional hypotheses then demonstrated the textual incapacities and the difficulties inherent to the liquidation of such successions, because the legislative will, liking the acceleration and the simplification of the inheritance regulation, is partially held in check by the existence of the particular successions. Now, if the pursued purpose is praiseworthy, in the fact that he allows a personalized transmit of someone constituents of the heredity, the reserved method is open to criticism. Nevertheless, personalization of the succession and facilitated inheritance regulation are not necessarily paradoxical, as the study demonstrated it. It's enough, indeed, for returning these two compatible objectives, to proceed to a punctual reform of the applicable rules
Barillot-Cartier, Pascale Combessie Jean-Claude. "Le reclassement professionnel suite aux plans sociaux le cas de l'entreprise X /." Saint-Denis : Université de Paris 8, 2009. http://www.bu.univ-paris8.fr/consult.php?url_these=theses/BarillotCartierThese.pdf.
Full textSinanidou, Maria. "Das "droit de suite" der Künstler Auswirkungen der Folgerechtsrichtlinie und ihrer Umsetzung auf die Praxis des Kunstmarktes." Saarbrücken VDM Verlag Dr. Müller, 2004. http://d-nb.info/988496747/04.
Full textSinanidou, Maria. "Das "droit de suite" der Künstler : Auswirkungen der Folgerechtsrichtlinie und ihrer Umsetzung auf die Praxis des Kunstmarktes /." Saarbrücken : VDM, 2008. http://d-nb.info/988496747/04.
Full textChiche, Jennifer. "La réparation du préjudice professionnel à la suite d'un dommage corporel en droit de la responsabilité civile." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0040.
Full textAt a time when the law of personal injury tries to stand out from the rules that are specific to it, full compensation for bodily injury seems to be truly obtained by the victim only in the context of civil liability. Professional prejudice has become more autonomous since the development of the Dintilhac classification distinguishing professional earnings losses from the functional deficit and conceptualizing a new professional harm position « professional incidence ». Comprehensive reparation « all prejudice; nothing but prejudice; the real harm » becomes its expression. However, this principle is often abused and inevitably inequalities of treatment between victims result. Indeed, the excessive influence of third-party payers' recourse on the assessment of professional harm and the absence of tools essential to the sustainability of the matter are puzzling
Barillot-Cartier, Pascale. "Le reclassement professionnel suite aux plans sociaux : le cas de l’entreprise X." Paris 8, 2007. http://octaviana.fr/document/134096177#?c=0&m=0&s=0&cv=0.
Full textWith the rise of wage-earning, the French economy takes a new face, the incomes are distributed more largely but also unequally. To have a work means being integrated into a company however today one does not get into a company to make a single course there, the universalization of the economies imposes a flexibility on the companies and to the employees. The policies try to find solutions but the laws of competitiveness are such as the companies must follow the movement under penalty of not being profitable anymore. Human resources are managed like the material resources and the social fabric changes in-depth and durably. Far from decreasing, this phenomenon develops, costs of labour being less important in the emerging countries and the social and economic constraints weighing always more heavily on the labour law of industrialized countries. This labour law protects the employees from the possible abuses but by refining itself and organizing itself, it becomes a rigid yoke. This protection, lived perhaps as a necessary evil will extend to the new economies which will be then less attractive for the companies which delocalize in this moment
Verdier, Laurent. "Les actions en justice susceptibles d'être mises en oeuvre à la suite de la dissémination et de la mise sur le marché des organismes génétiquement modifiés : le cas des plantes transgéniques." Paris 7, 2003. http://www.theses.fr/2003PA070045.
Full textThe development of genetically modified plants is thought to be likely to endanger the environment and public health. The aim of this thesis is not to reach a verdict on these dangers but to wonder about their legal consequences. That is why, after studying the French and European regulations suited to the genetically modified organisms (GMOs), it takes an inventory of a certain number of legal actions to be used should these risks come true : criminal responsibility, civil liability and administrative responsibility. It finally analyses the possible appeals outside any harm done, and particularly studies the scope of the principle of precaution in the debate on GMOs
Salhi, Mongi. "L'évolution du droit de propriété intellectuelle en Tunisie suite à son adhésion à l'OMC et la signature de l'accord ADPIC." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB018/document.
Full textThe TRIPS agreement has been accepted by Tunisia as a necessary evil in order to obtain commercial benefits in sectors of great interest. It was also considered well thought out because it provided a transition period for developing countries to adapt their systems to this comprehensive instrument and establish a minimum standard that could apply to all countries and link IPR to trade. Tunisia is an interesting case of analysis, especially in comparison with other countries maintaining an attitude of rejection towards the traditional treaties of IP. Our country has been a member of the Paris and Berne Conventions for more than a century. It was, of course, the right student who harmonized by developing a new culture of IP protection in accordance with the new international system. The reason is that IP is designed to be, in the new cognitive economy, an important tool in international competitiveness. It is also an instrument for attracting FDI. At the same time, and as stipulated in TRIPS, IP would be an essential component in promoting innovation and ease of technology transfer. But this pattern of harmonization on the basis of so-called minimum standards has not satisfied the enthusiasm of the industrialized countries that have embarked on the conclusion of bilateral trade agreements beyond TRIPS. Our objective is therefore to analyze these assumptions and try to explain what has happened since the TRIPS agreement. The question is whether, in doing so, the country has succeeded in establishing this link between the trade considerations required by TRIPS and the internal concerns related to health, agriculture, cultural diversity and environment. Twenty-three years later, has the country benefited from the alignment of its IP regime with the TRIPS Agreement? One of the stated objectives of TRIPS was the spread of knowledge and thereby the improvement of R & D capabilities. However, very little progress has been made, and it seems that the situation has worsened
Gijsbers, Charles. "Sûretés réelles et droit des biens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020088.
Full textProperty, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency
Broto, Pérez Daniel. "El droit de suite de los autores de obras de artes plásticas: análisis jurídico y efectos en el mercado del arte." Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/398004.
Full textDroit de suite is granted by copyright law and provides the author of an original work of art with the right to claim a share of the profits on the resale of his work of art. The sale must involve a professional party or intermediary, such as salesrooms, art galleries and, in general, any dealers in works of art. This right was first regulated in France in 1920, but it was not until 1987 that droit de suite was recognized by the Spanish Copyright Act. Nonetheless, this late recognition also happened in many other countries. In fact, only six European countries had legal provisions for this right in the 1950s. The greatest achievement for the recognition of droit de suite took place when it was included in the Berne Convention for the Protection of Literary and Artistic Works which established optional recognition of droit de suite by the States of the Berne Union. In recent years, the gradual recognition in copyright law of the so-called «rights to remuneration» and the spectacular increase in the turnover of the art market has raised the interest in droit de suite, as it may provide copyright holders of a work of art with higher and higher royalties. As a result, many countries have decided to introduce the droit de suite in their copyright legislation. Indeed, the European Union has adopted the Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art that compels all the Member States to recognize this right. Despite this, the international recognition of droit de suite cannot be considered completed. This right is only recognized in the international arena according to the principle of material reciprocity, which must be seen as a failure for its global recognition. Unlike other less controversial copyright issues, there are powerful detractors of droit de suite, especially the countries that follow common law tradition and consider this right to be a threat to the competitiveness of their art markets. The three leading countries in the global art market –United States, United Kingdom and China– have been reluctant to accept the droit de suite; the United States and China still offer resistance against its implementation while the United Kingdom was compelled to regulate it according to the Directive 2001/84/EC on the resale right. Last but not least, there is an increasing academic interest in studying the droit de suite. Traditionally, scholars did not pay too much attention to this right, so its legal nature and theoretical justification seems to be open to debate. All these legal and dogmatic aspects must be studied in relation to its economic effects, so it seems necessary to analyze this right from both, the legal and an economic perspective, in order to analyze it and explain the economic effect of droit de suite on the art market.
Ladoux, Cyril. "Gestion de l'évolution des conditionnements pour les pays de l'international : cas particulier du changement de nom des entités légales suite à la création d'Aventis." Paris 11, 2004. http://www.theses.fr/2004PA114098.
Full textRobert, Emilie. "L'Etat de droit et la lutte contre le terrorisme dans l'Union européenne : Mesures européennes de lutte contre le terrorisme suite aux attentats du 11 septembre 2001." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00730914.
Full textRobert, Emilie. "L’Etat de droit et la lutte contre le terrorisme dans l’Union européenne : Mesures européennes de lutte contre le terrorisme suite aux attentats du 11 septembre 2001." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20001/document.
Full textThe fight against terrorism, as well as its consequences in the field of Human Rights, is not a new theme for Europe. However, since the terrorist attacks of September the 11th 2001 in the United States of America, “confirmed” by the ones of Madrid in 2004 and London in 2005, it has never embodied such a priority. The larger part of the measures taken by the European Union falls under the heading of cooperation in criminal matters, i.e. within the scope of the former Third Pillar, among which the framework decision on combating terrorism, the framework decision on the European arrest warrant and the agreements between the European Union and the United States of America on extradition and mutual legal assistance. On basis of the European measures, some States, not historically concerned by terrorism, have been compelled to carry out counter-terrorism measures whereas, others have seen a legitimation to reinforce their existing body of law. What is the impact of the European measures and the ones taken by States on the delicate balance between security and liberty? In other words, what is the role of the Rule of Law: a limitation to those measures or, a principle aiming to the strengthening of the fight against terrorism?
Dubes, Virginie. "Mécanismes arythmogènes dans le ventricule droit sain et dans la dysfonction ventriculaire droite." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0050/document.
Full textThe right ventricle (RV) has different embryologic history, geometry andbiomechanics properties compared to the left ventricle (LV). The right ventricular outflow tract(RVOT) is a common arrhythmia origin in the healthy or pathological RV. Tetralogy of Fallot(TOF) is the most frequent cyanotic congenital heart disease and is associated with RVdysfunction. Surgical correction has significantly increased patient’s life expectancy butsurgical lesions often lead to heart failure, arrhythmias even sudden cardiac death inadulthood. The aims of this work are to: (i) define RVOT electrophysiological and structuralproperties in the healthy pig and (ii) characterize a potential arrhythmogenic remodeling inboth ventricles in a porcine model mimicking repaired TOF (rTOF). We showed the presenceof repolarization and conduction heterogeneities in the healthy RV in relation to a specific ionchannel expression profile in the RVOT epicardium. Moreover, an histological approachhighlighted the presence of a specific tissue structure likely to contribute to the slowconduction observed in this region. A pro-arrhythmic electrophysiological and structuralremodeling was found in the RV of rTOF pigs. This remodeling was characterized by anincreased dispersion of repolarization and slower conduction properties which were linked toa molecular and structural remodeling. Interestingly, we also described a distinct electricaland structural arrhythmogenic remodeling in the rTOF LV in the absence of hemodynamicalteration. To conclude, this work revealed the presence of an arrhythmogenic substratewithin the healthy RV and a profound arrhythmogenic remodeling of both ventricles in rTOF
Camara, Ahmady. "La transmission culturelle du traitement de la criminalité chez les enfants mineurs de la Grande-Bretagne à l'Écosse à la suite de la dévolution de 1999." Thesis, Toulouse 2, 2014. http://www.theses.fr/2014TOU20088/document.
Full textThis dissertation is built around four parts : 1) an historical contextualisation of the phenomenon of transmission not from the United Kingdom but from Great Britain towards Scotland; 2) cultural transmission is never spontaneous, yet it can be carried out through the handling of crime; 3) criminology, developing in 19th-century Europe, reaches Great Britain and consequently Scotland, although the latter has retained some degree of judicial independence since the passing of the Treaty of Union in 1707; 4) reviewing crime and how to handle it is then focused on children, and how punishment can be opposed to a Welfare approach
Bagal, Monique. "La protection des indications géographiques dans un contexte global : essai sur un droit fondamental." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3077.
Full textSince two decades, the international protection of geographical indications is characterized by a “blockage” in the negotiations at the World Trade Organization opposing the countries favorable to the protection of geographical indications to countries more skeptical in this regard. Deriving from a compromise between the European conception of the protection of GIs and the American one, the minimum standards of TRIPS have revealed the different legal options in this field and have resulted in a passionate debate over the appropriate role of the State. History shows that the advocacy for, or indictment against one or the other way of protecting GIs focuses essentially on the philosophy of protection in one or the other territories. As a reminder, the European Union “culture” is to protect industries far too exposed to competition while the American “culture” is to preserve economic freedom of operators and to grant monopoly on a geographical name only where such name has been tested on the market and is recognized by the “public” as having a geographical anchorage. Equally compelling, neither of these philosophies has allowed reaching the most acceptable balance for GI regime. This work seeks to transcend them. It bets that everything has not been tried yet, at least from a legal perspective. In order to find a common solution and a way forward to multilateral protection of geographical indications, the paper relies on the culture of “human rights”, not really with a view to “moralize” the field of study but more to deduct practical answers deriving from the international human rights law. As a matter of fact, article 15.1 c) of the Convention on Economic, Social and Cultural Rights provides that “The States Parties to the present Covenant recognize the right of everyone […] to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”. The activation of this article could allow approaching geographical indications operators, not only as beneficiaries of certain rights but also as beneficiaries of public policies. By virtue of article 15.1 c), there shall be a right to benefit from the GI protection (“right-liberty”) but also, a right to claim certain public policies (“right-debt”) in this regard. Beyond this seemingly strict framework for GIs, the reference to international human rights law proves to beneficial to the necessary balance between the rights of GI operators and the rights of the public. Incidentally, this balance is inclusive of multiple issues which is essential to the legitimacy of the multilateral regime of protection of GIs
Moundaka, Iris ursula. "Obstacles à l'accès aux soins d'urgences suite aux complications des avortements non sécurisés dans la province du Moyen Ogooué au Gabon : aspects juridique, socioculturel et médical." Thesis, Paris 8, 2014. http://www.theses.fr/2014PA080040.
Full textThis dissertation begins with a broad overview of juridical and historical controversies surrounding abortion in the world followed by an analysis of attitudes and practices in diverse socio-cultural contexts linked to gender relations, unwanted pregnancy and unsafe abortion. We then examine articulations between traditional, colonial and modern medicine in Gabon. That panorama brings us to our study of the obstacles women with medical emergencies face in accessing modern health care.The objective of this doctoral research is to elaborate and apply a methodology for studying the network of actors involved in practices connected to abortion in order to better understand resistance to socio-clinical and juridical change. What is the formal and informal health care system of medical providers in matters related to abortion and what are the obstacles that providers and women must transverse to offer (providers) and obtain (women) this service? Specifically, an investigation of social and institutional interactions was conducted in urban hospital settings and in surrounding rural areas. That led us to detect different extra-medical and intra-medical barriers to emergency care access following unsafe abortion complications. In this way, we focused, on one side, upon the discourse, practices and medical contexts of health professionals while, on the other side, privileging the accounts women recited of their strategies for terminating pregnancies with or without medical help and for accessing modern care despite the obstacles.Content analysis of interviews revealed major barriers to emergency care access. Those difficulties start in the social environment with the search for abortion products and for initial treatments (self-medication and visits to the pharmacy or to traditional practitioners). In cases of advanced complications, extra-medical obstacles intensify with greater geographic distance, transportation problems and insufficient financial means. Moreover, once those obstacles are more or less overcome, women must then confront intra-medical obstacles within emergency care hospital units. Providing access to safe abortion for Gabonese women in current times is one of the great challenges we must confront. This dissertation contributes to a loud vocal denunciation of informal happenings in the society of Gabon. Women live tragic circumstances
Débourdeaux, Salles Frédérique. "La femme et le droit du Ve au VIIe siècle : le Code théodosien et ses suites." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1083.
Full textAt the beginning of the Roman Empire era Women enjoyed a certain degree of autonomy. We wondered how it evolved when Roman civilisation had to face the durable installation of Germanic populations on its lands. We undertook to study the turning-point during the 5th to the 7th century. How did legal provisions regarding women, which were derived from the Codex Theodosianus, evolve when Barbarian kings decided in turn to enact written laws? To evaluate the impact of legislative measures on society, we have drawn upon the comments of contemporary authors and compared the text of legal dispositions with practitioners' forms. In order to measure Christian influence on imperial constitutions and on Germanic texts, we read the Fathers of the Church and conciliar decisions. We tried to grasp the reasons for the adoption of particular measures. We have attempted to examine whether it is possible to refer to "women's rights", from the Roman Empire to the Burgundian, Frankish, Visigoth and Ostrogoth kingdoms. Roman law appears to be the common thread which links the Empire to the Barbarian kingdoms, without breaking. It shaped the way women were considered in societies which had become Romano-Germanic. Law and societies' permeation by Roman mores contributed to the merging of peoples. Some Germanic customs obviously survived. Legislation sometimes drew on the fertile ground of Christian thought. We have attempted, in our research, to map these currents
Vittone, Joëlle. "Caractérisation et reconnaissance de droites et de plans en géométrie discrète." Université Joseph Fourier (Grenoble), 1999. http://www.theses.fr/1999GRE10278.
Full textLi, Xiaoshan. "La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020021.
Full textThe dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minority shareholders, and between the shareholders and the company or group of company. It is corporate profits and the principal of equality that direct legislators and judges to suggest applicable solutions.It is important to notify that in French law, legal provisions about the responsibility of majority shareholders or company leaders and the ways of resort of minority shareholders provide reference for improvement of Chinese law. Besides, the study of acquisition of chinese listed companies, looked from the angle of the protection of minority shareholders, very different from tender offer in French law, demonstrate the characteristics of Chinese stock market and deserve foreign investors’ enough attention
Peeroo, Jamsheed. "La protection de l'instance arbitrale par l'injonction anti-suit." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D038.
Full textThe anti-suit injunction is the only means capable of preventing a party from being involved in proceedings commenced before a domestic court of its choice in bad faith and with the only objective of disrupting arbitration. It is most efficient in the form of an interim measure. In accordance with modern arbitration laws and rules, this jurisdictional tool may be obtained, in this form, from arbitration tribunals, which normally have sufficient imperium to order it, as well as to impose sanctions on any non-compliant party. Although it can be issued before the parties’ rights have been determined, the arbitrator must nevertheless make sure that its legal basis falls under his jurisdiction. Examples of such legal bases are the prima facie potential breaches of one of the obligations contained in the arbitration clause, such as to perform it in good faith, or of a confidentiality clause contained in the main contract. This restraining measure is also available to the French judge, since prohibitory injunctions are hardly unknown to French law. In the field of arbitration, it appears that its use may be permitted under the new Brussels 1 bis Regulation in spite of the West Tankers case and, especially, where it takes the form of an interim measure. When its issuance appears to be legitimate, it is primarily for the court of the seat of an arbitration to decide whether it should be ordered in support of the arbitration proceedings. However, for reasons of efficiency, if the court of another country happens to be in a better position to ensure compliance with the anti-suit injunction, it may also order it
Restier, Lioara. "Caractérisation des troubles du rythme cardiaque héréditaires par analyse spatiotemporelle de l'ECG." Lyon 1, 2007. http://www.theses.fr/2007LYO10262.
Full textDe, Mesnard Adele. "Déplacements environnementaux et peuples autochtones : repenser la responsabilité des Etats et de la communauté internationale." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3032.
Full textThe protection of the rights of indigenous peoples, who are displaced by environmental degradation, is a theme that has received little attention in most of the work on environmental displacement that tends to conceptualize displacement in an abstract way. The particularities of indigenous peoples' environmental displacement require analysis in the legal, political and social contexts in which they occur: this framework makes it possible not to isolate the environmental factor but to specify its importance in view of the particular relationship that indigenous peoples have with the land and their environment and their claims to be able to freely decide their future. Taking the indigenous communities in Alaska as an example, the analysis of the legal and institutional obstacles to the recognition of indigenous particularities in displacement then makes it possible to consider the role of the law in maintaining the status of indigenousness and the perpetuation of the status of the indigenous land in the territory of destination. The mobilization of the various corpuses of recognition of the rights of indigenous peoples under international, regional and domestic law (American law) allows for a re-reading of the obligations of States in the implementation of indigenous rights in the light of the unprecedented context of their environmental displacement, while demonstrating the importance of not locking indigenous peoples into a “legal straitjacket” that would lead communities to no longer being recognized as indigenous when being displaced
Guimier, Anne. "Identification des bases moléculaires et étude physiopathologique de maladies cardiaques rares en pédiatrie." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB241.
Full textRare diseases are defined in Europe by a prevalence of less than 1/2,000 individuals and represent more than 7,000 different diseases of which 80% are genetic. Most have a paediatric onset. My project involved the study of rare cardiac disorders in familial cases with recurrence in siblings, focusing on congenital heart disease in the context of heterotaxia (laterality defects) and sudden unexpected death due to cardiac arrest in infancy and the neonatal period. Whole exome sequencing was used as a tool for disease gene discovery in these families with the hypothesis of autosomal recessive inheritance. This strategy led to the identification of 3 novel disease genes. I performed functional validation for two of these genes in different models, confirming their involvement in each disease. 1) Loss of function of MMP21 and cardiac malformations due to left-right patterning defects during embryonic development. MMP21 encodes a metallopeptidase for which I demonstrated a highly specialized role in the generation of left-right asymmetry at the node using zebrafish. This gives new insight into the molecular mechanisms at the origin of left-right asymmetry in vertebrates. Interestingly, all mammals have a left-sided heart, but some species have lost the Mmp21 gene, indicating that there are different pathways leading to left-right determination in vertebrates. 2) Hypomorphic mutations in PPA2 cause sudden cardiac arrest in infants. PPA2 is a nuclear gene encoding the mitochondrial pyrophosphatase and using a yeast model we showed that this enzyme is essential for the mitochondrial energy transducing system and biogenesis. I described a novel clinical spectrum for a mitochondrial disease responsible for unexpected cardiac arrest in infancy. 3) PLCD3 loss of function and fatal cardiomyopathy by cardiomyocyte apoptosis and necrosis in neonates. Exome sequencing in one familial case with 2 siblings presenting fatal cardiomyopathy led to the identification of compound heterozygous mutations in PLCD3, a gene previously implicated in a similar pathology in a mouse model. Identification of further cases with mutations in this gene will be needed in order to confirm the role of PLCD3 in the disease. In total, these studies are crucial from a clinical point of view for the genetic counseling of the affected families and they contribute to the elucidation of biological mechanisms of embryonic development and left-right determination (MMP21), mitochondrial function (PPA2) and post-natal cardiomyocyte survival (PLCD3)
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
Joseph-Ratineau, Yannick. "La privatisation de la répression pénale." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1009/document.
Full textIt is traditionally allowed that the criminal law has as a function to defend the general interest, which explains the preeminent role of the State throughout the repressive process. However, the analysis of the substantive law puts forward an extension of the normative function of the criminal law in the direction of the private interests, individual or collectives which can only upset the functions traditionally assigned with the criminal responsibility and with the penal sanction which accompanies it. Because the private interests compete with the general interest in the order of the values protected by the texts from incrimination, the rules of the criminal responsibility and the functions of the penal sanction from now on are requested to solve litigations between individuals, and to ensure the compensation for the damage caused by the infringement. Because the configuration of the actors to the criminal trial is only the reflection of the values protected by the penal standard, the introduction of the private interests into the field of protection of the criminal law naturally involved a change of the traditional distribution of the processual roles of the judge and parts in the criminal trial with the profit as of private parts. Even if this change found in the influence of the European model of fair trial the compost favorable to such an evolution, this one played only one catalyst part in the rise of the parts in the control of the direction of the penal authority as in the control of the litigious matter; the true cause of these evolutions, it is the privatization of penal repression
Tsai, Cheng-lin, and 蔡政霖. "A Study on the Droit de Suite under Copyright Law and its Implementation into Taiwan." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/01200215468975854150.
Full text逢甲大學
財經法律研究所
99
The Droit de Suite finds its origins in the Droit morale or moral rights movement born of the French. It aim to help the “starving” artists. First it was introduced in France in 1920. During approximately century, the Droit de Suite was not available in international society. Since 1948, the Droit de Suite was introduced by Berne Convention article 14bis. However, the contracting countries agreed that the Droit de Suite would not be a minimum Convention requirement and was taken by the principle of reciprocity. The Droit de Suite was still not important on universal Copyright Act. Until European Union directive, the Droit de Suite was implemented by European Union for all contracting countries. The Droit de Suite was put on main position in international society. This essay states on the droit de suite’s history of the development and legislative, especially the Berne Convention and the European Union directive. Moreover, the droit de suite develops under the civil law system. To discuss the problem of the droit de suite apply under the common law system. The Droit de Suite was called “Resale Right” or “Resale Royalty”. The Droit de Suite conflict with some concept on Copyright Act under common law system, like first sale doctrine、work for hire doctrine、contract clause and free alienability of property etc. But there is a California Resale Royalties Act in California. Finally, the situation on the art market and Copyright Act in Taiwan discuss that whether the Droit de Suite is suit for introducing into Taiwan or not.
Fournier, Johanne. "Les problèmes posés par la multiplicité de lois applicables dans les recours collectifs internationaux engagés à la suite d'accidents à grande échelle." Thèse, 2008. http://hdl.handle.net/1866/3235.
Full textWhen a catastrophic accident occurs, involving numerous victims from different states, we could, instinctively believe that justice will be best served by consolidation of all claims arising from such event. However, this idea isn’t completely right... Ironically, while catastrophic accident is a collective event, the claims pertaining such event remain a personal right of action. Therefore, the court might select the law applicable to each claim in accordance with its own conflict of laws rules. Because those rules aren't similar among states, the law applicable to each claim will differ accordingly. Consequently, the judge hearing a multi-state class action pertaining the same event will need to deal with multiplicity of laws. Historically, American federal courts have almost systematically rejected consolidation of claims when a multiplicity of laws appears. Many solutions to overwhelm problems arising from multiplicity of laws have been raised by the legal communauty. To date, none of those solutions seems perfect. It brings the conclusion that the idea of an international class action to resolve in a single lawsuit, all claims resulting from a single accident, might be an utopia. However, efficiency of class actions proceedings remains. As soon as litigants determine, prior to the certification request, the law applicable to each individual claims, in accordance with the relevant conflict-of-laws rules, in order to join all claims that are similarly conducted by the same law. In doing so, problems related to diversity of laws in class actions are avoided.
Santos, Gustavo Ferreira dos. "Direito de sequência : um direito de autor?" Master's thesis, 2019. http://hdl.handle.net/10400.14/28657.
Full textWith the technological and scientific advancement growing exponentially with each passing day, and as the Author’s Right is increasingly expanding, we feelt the need to focus on a particular issue: the artist’s resale right in the art world. We’ve proposed to analyze the quarrel surrounding this right, in order to determine whether it should be called, or not, as an artist’s resale right.
Barahona-Dussault, Catherine. "Rôle du test génétique dans la cardiomyopathie arythmogène du ventricule droit. Étude sur une cohorte prospective unicentrique." Thèse, 2008. http://hdl.handle.net/1866/2789.
Full textArrhythmogenic right ventricular cardiomyopathy/dysplasia (ARVC/D) is a genetic disorder characterized by the presence of fibro-fatty replacement of the myocardium in the right ventricle. The disease is thought responsible for an important percentage of sudden cardiac death in the young. Hence the disease is usually difficult to diagnose with present clinical tools. ARVC/D is it caused in greater part by mutations in desmosomal proteins. The diagnosis of the genetic carriers bears important implications in family members, who unknowingly may be at risk for sudden death. In order to improve the diagnosis, a new tool, genetic testing, is increasingly being used. Hypothesis: In order to assess the value of genetic testing in complementing clinical testing in ARVC/D, we undertook the project to collect and perform clinical and genetic investigation in 23 probands with the disease. Methods: The probands were usually identified either after the death of a family member or after their clinical investigation for arrhythmias. The diagnosis of ARVC was made with clinical tools according to accepted criteria. Genetic analysis of desmosomal proteins previously associated with the disease was performed by sequencing the exons and intron-exon boundaries. Results: The clinical diagnosis was clear in 18/23 and suspicious in 5/23 individuals. We identified 15 different mutations in 10 probands. 64% of the mutations were not previously described. Interestingly we also observed the presence of double or triple mutants in 40% of the positive individuals. Individuals with mutations were younger and had more symptoms than individuals with no mutation. Conclusion: Genetic testing is useful in 43% of patients with ARVC. The use of mutation-based genetic technology has a very limited value due to the high percentage of previously unknown mutations in this disease. The presence of double and even triple mutants is not associated with a more severe phenotype but it indicates the need to have genetic testing performed for all genes for familial screening. Genetic testing is a useful tool to add to the clinical testing for the diagnosis of patients who do not completely fulfill the clinical criteria for the disease. Key words: genetic, ARVC/D, sudden death, desmosome
Charbonneau-Quintal, Laurence-Guillaume. "Résistances et processus de légitimation étatique : le discours des droits humains au Honduras à la suite du coup d'État du 28 juin 2009." Mémoire, 2013. http://www.archipel.uqam.ca/5640/1/M13070.pdf.
Full textLafontaine, Isabelle. "La perception des parents non gardiens de leur lien avec leur enfant dans un contexte où les conflits parentaux perdurent à la suite de la séparation conjugale." Thèse, 2015. http://hdl.handle.net/1866/13677.
Full textIt is known that many children are living with parents who are conjugally separated. With this in mind, following the separation the children mostly live with their mother (resident parent), while maintaining contact with their father (non-resident parent). Although the principles of law suggest that the child has the right to maintain ties with both parents after marital separation, these visits are not always done on a daily basis and the qyality of their relationship can be affected. Living the separation of his parents, the child may be exposed to parental conflict because the separation can increase their intensity. The objective of this thesis is to better understand the perception of the non-resident parents and their relationship with their child in a context where parental conflict persists after marital separation. A fundamental objective is to document the factors that influence the relationship between non-resident parents and their children after the marital separation. In order to achieve these objectives, eight non-resident parents were interviewed using individual, semi-directive interview techniques. An analysis of the thematic content pertaining to their perspective on this research subject was then conducted. From the perspective of the non-resident parents, the results have shown that the quality of the relationship between them and their child remains positive. The most dominant factor is post-separation parental conflict. It appears they feed on other factors such as, child care arrangements and access rights. Also, the frequency of visits between the non-resident parents and their child, the child's attitude towards their non-resident parent, the parental involvement of non-resident parents and the parental relationship post-separation, all have an impact.