Dissertations / Theses on the topic 'Droit foncier'
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Emery, Caroline. "Le droit de préemption en droit foncier rural /." Lausanne : [s.n.], 2005. http://aleph.unisg.ch/hsgscan/hm00241096.pdf.
Full textFian, Assemian. "Le droit foncier de l'État ivoirien." Paris 1, 1991. http://www.theses.fr/1991PA010257.
Full textBeyond essential hermeneutics of legal texts and the determination ofthe legislator's intentions, both well known methods of legal analysis, it remains to determine the social signification of ground law policies. Through ist choice of legal procedure, and modes of land apportionment between various economic sectors of activity, what type of society is ground law fashoining in the ivory coast and what are the limitations encountered by the restructuring ? The anthropology of law approach permits us to go beyond texts and legal practices to analyse the underlying assumptions that govern legal choices as an attempt to respond to the questions raised. Resistance from traditional systems of ground law which were at first disregarded and then deformed, and a variety of legal and sociological obstacles raise the problem of the responsibility of the state and its principal agents in the implementation of ground law policies and in the choice of capitalist development and its imbalances and inequalities. Legal and negotiated conflict resolution become deadlocked. Ground law reform has become urgent in the ivory coast. It must be founded on local ground law dynamics, ground law negotiation pratices, and the positive aspects of traditionalist systems of ground law
Han, Jingjing. "Le droit foncier chinois : le droit d'usage du terrain d'Etat." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020005.
Full textThe issue of ownership has been a fundamental question throughout Chinese history. Different from what has been established by western legal systems, the private ownership has never been considered as a subjective natural right , not an absolute right. In addition, there exists a contradiction between the market economy and the socialism. The land use right was created under the circumstances aiming to encourage economic development without breaking with the socialist ideology. Therefore, the land use right and the public ownership interact with each other in a very original way. The land use right develops along with the economic demands. In order to extend the protection to private ownership, the Chinese Constitution is amended in 2004. Accordingly, the Property Law of 2007 explicitly recognizes the very nature of the land use right, and offers equal protection to both private ownership and public ownership. It is important to keep in mind that the recognition of such new element in Chinese Property Law raises many legal questions as well as political ones. What are the consequences of governmental land finance? Is there a need to address the issue of ineffectiveness in the protection of land use right against the State? How to respond to the dissatisfaction of the private person whose property is expropriated? All these questions lead us to the conclusion that the land use right is still far from a sac red right. It requests a further extensive reform. In our view, a comprehensive political reform is both necessary and unavoidable
Randranto, Malala. "La pertinence du nouveau système de droit foncier de Madagascar : (la réforme foncière de 2005)." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010263/document.
Full textThe land question is an important issue in most African countries. Indeed, legal, economic and social constrain these states to reconsider their systems of land-law, mostly inherited from the colonial administration. Recognizing these issues, Madagascar reforms the land law in 2005. This reform challenges two fundamental principles: on the one hand, the principle of presumption of state ownership of land unregistered and on the other hand, the monopoly of the land registers by the State. Reform begins with the 2003 Act. It’s first intervened to make the first changes. The idea of a transfer of jurisdiction to the common land sup was then taken up and confirmed in 2005 by the Politique de Lettre Foncière. The 2005-19 and 2006-31 Acts give to the user the choice between the procedure based on the registration and certification for the security of his property rights. The implementation of this new land-law system has generated a lot of questions and it is important to contribute to answer these questions. The objective of this dissertation is to study the relevance of this new land-law, trying not to be limited to the theoretical but also considering the practical aspect of the question
Makassy, Gilbert. "Le droit foncier domanial et de l'urbanisme au Congo." Paris 2, 1989. http://www.theses.fr/1989PA020093.
Full textThis work analyses juridical rules and proceedings enacted in congo to face the urban growth. In view of the extent of the urbanization phenomenon, the congolese authorities have resorted to law to organize the occupation and utilization of space. That is how a town planning law is born in congo. That law is the result of a synthesis of juridical techniques of french town planning law and socialist ideology principles. However it is still embryonic, and must be clarified and explicit on various points. Besides, order that law is still far from being effective. In order that it becomes effective, an efficacious will from the authorities, an adequacy of rules to congolese reality and a decentralization are required
Yelome, Épiphanie. "Pertinence du nouveau système de droit foncier au Bénin." Electronic Thesis or Diss., Perpignan, 2022. http://www.theses.fr/2022PERP0039.
Full textThe numerous development challenges oblige African States to “reinvent” and reform the land code they inherited from colonization. This reform has not spared Benin, which is confronted with land insecurity of all sorts. In order to achieve that reform, many steps have been taken. The reform undertaken in Benin gradually led to the advent of the new land code which established a new legal system that governs all land (rural, suburban, and urban). The contradictory procedure of land right confirmation is established in replacement of the former land title and permit to inhabit in order to issue a new (revised and reviewed version of) land title. The adoption of this new legal arsenal has given rise to many questions among the various stakeholders concerning its effectiveness. We have found it necessary to make contribution that can foster its adaptation. The objective of this thesis is to make an extensive study of this new system of land right both theoretically and practically
Lespinay, Charles de. "Territoires et droits en Afrique noire : essai d'anthropologie du droit foncier en milieu rural." Paris 10, 1999. http://www.theses.fr/1999PA100050.
Full textKaled, Said. "La fragilité du droit foncier comorien à la lumière de la pluralité des droits." Thesis, Perpignan, 2014. http://www.theses.fr/2014PERP1198.
Full textThe Comoros is an archipelago of four islands in the Indian Ocean at the northern entrance of the Mozambique Channel. It was a French colony until 1975 when it gained its independence. The mix of applicable legal systems seems to be the origin of the legal and institutional stagnation gripping the country since its independence. Indeed, both Muslim and French legal systems have been superimposed local traditional law. Initially, these systems were merged into local practices, but will thereafter be considered that these customs can not coexist with the institutions of a modern state. But recent history shows that ignorance or contempt for tradition and its system of social regulation undermines social reforms introduced by the prosecution because it has no support from society. Comorian land law is also facing this legal pluralism. Itis the origin of land conflicts that plague society. The villagers, families and even the state are at the center of these conflicts. The judiciary is supposed to adjust paralyzed by its complex organization, its lack of resources, but also by widespread corruption. The lack of a unified positive law contributes to legal uncertainty. Several failed attempts to stabilize since the colonial era, but recent reforms, such as the OHADA legislation and that relating to the Judicature (Act No. 05-016 / AU), have a sign of hope
Rasoloherindraibe, Seth. "Les problèmes d'ineffectivité du droit foncier en milieu rural malgache." Paris 1, 2006. http://www.theses.fr/2006PA010294.
Full textAteba, Bouli Prosper. "Le régime foncier camérounais : du mimétisme et de la crétivité." Nice, 2008. http://www.theses.fr/2008NICE0049.
Full textThe colonial ideology was based on legal doctrines elaborated since the 16th century from the concept of imperialism, which gives room to territorial conquest considered as the legal mode of land acquisition. These territories were considered as not having Masters. Imperialism was mostly cultural. The territorial aspect was not always the main focus of this ideology, which is not the case of colonialism. France and England were colonial empires whereas the United States has mostly practiced an economic imperialism throughout the 20th century. Land was at the center of colonial concerns and a major stake in the development of economic policiesColonization was initially geared at serving the economic interests of the metropolis through the exploitation of the resources found in the lands acquired. Considered from this perspective, land became essential in the implementation of colonial policies for development. Whatever be the techniques used, it was necessary to have a large of amount of territories. The triple colonial heritage of Cameroon will also be affected by different strategies of land conquest worked out by its German, French and English “Masters”, influenced by a Western vision of the development. Development is however not a static concept. It cannot be limited in space and time because the human spirit is in permanent search of innovations. Thatnowithstanding, there are parameters which make it possible to consider a country underdeveloped or developing. The triple colonial heritage of Cameroon will also be affected by different strategies of land conquest worked out by its German, French and English “Masters”, influenced by a Western vision of the development. Development is however not a static concept. It cannot be limited in space and time because the human spirit is in permanent search of innovations. Thatnowithstanding, there are parameters which make it possible to consider a country underdeveloped or developing. These parameters are economic, social, political, cultural and mental. . .
Bourmouche-Yacoubi, Fatiha. "Le droit, le foncier pastoral et les sociétés Tamacheq : entre ignorance et reconnaissance." Paris 1, 2004. http://www.theses.fr/2004PA010267.
Full textElosua, Lopez Miguel Angel. "Un régime de propriété aux caractéristiques chinoises : droit foncier du sol collectif et urbanisation." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH198.
Full textIn China, land rights have always been a central concern for the Chinese Communist Party (CCP) since it came to power. The system of collective land property rights has undergone multiple changes since the arrival of the CCP to power. During the first few years after the economic opening the liberalisation of the rural land market brought about high rates of economic growth to the Chinese countryside. However, since the end of the 1980, and especially since the 1990 with the ban on the transfer of rural land and the increase of the speed of urbanisation, it has coexisted with an urban land rights system where land has been progressively liberalised. In urban areas there is a thriving market in real estate that has contributed greatly to the robustness of the economy and the welfare of urban residents. This has thus led to the increasingly less peaceful coexistence of two diametrically opposed systems of property: a system of collective ownership with socialist characteristics and a quasi free-market system where land can be transferred, leased, or used as collateral, exploiting its inherent value.Behind the rural land policy of the CCP is the ideal of common prosperity. However, after more than thirty years of rapid economic development, a salient feature of China’s rural areas has been the common poverty of the farmer class as a whole. The economic gap between the rural and the urban has not ceased to increase. The author argues that one of the main causes of this urban-rural gap lies in the dual system of land property rights, which has proved to be flawed, as farmers have been deprived from exploiting the value of their most precious asset: land. This is illustrated through the analysis of the emergence of new phenomena linked to land development, such as minor property rights and urban villages, which show the lack of adaptation of the land property regime to the new socioeconomic circumstances that prevail in China today.In order to test his assertions the author makes an historical analysis of the formation of the dual system of land property rights since the arrival to power of the CCP. Likewise, the author identifies the main flaws of the dual property rights system and put them in relation with the existing rule by laws in China, which serves as its framework. Finally, in order to illustrate his hypothesis the author draws on two study cases carried out in the municipality of Chongqing.Therefore, the author advocates reforming the dual property system, and more specifically, land-use rights concerning rural construction land. The author uses a comparative perspective borrowing from European Union’s property rights systems as a reference, to devise certain aspects that could be used by Chinese law makers as a reference for an eventual reform
Aka, Aline. "Nouvelles approches du droit foncier et de l'organisation territoriale ivoirienne dans une perpsective de sortie de crise." Paris 1, 2005. http://www.theses.fr/2005PA010295.
Full textMoudden, Imane. "La propriété de la terre en droit marocain. : Tradition et modernité d'un système foncier." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0093.
Full textThe land system in Morocco is marked by the coexistence of two regimes. The first is atraditional one and has its origins in the Muslim law and local customs. The so-called modern"land registration system" was introduced in 1913 and originates in the Act Torrens Act ofAustralia following the name of its author Sir Robert Torrens "Registra" General of Australia.This modern law was intended to guarantee the right of ownership.The cohabitation and the amalgamation of the traditional and the modern law make it a richfield because of its originality and complexity.Thus, the land regime in Morocco presents an extraordinary diversity of statutes that havebeen established throughout the country's history and some of which do not provide thestability and necessary guarantees to undertake investments in the long term: Melk lands,collective lands, Guich lands, Habous lands, Crown lands and registered lands.This diversity and complexity of statuses present an obstacle to the development of thecountry.The direction of the current evolution suggests, in the near future, a unified and simplifiedland tenure
Moulai, Ghislaine. "Nouvelle approche juridique du foncier au Bukina Faso en cours de décentralisation : la nomosynthèse." Paris 1, 2003. http://www.theses.fr/2003PA010296.
Full textDijoux, Elisabeth. "Accès des femmes au foncier et changement des comportements de procréation dans le Sud-Bénin." Paris, Institut d'études politiques, 2001. http://www.theses.fr/2001IEPP0017.
Full textBivaud, Yann. "Les fonctions du juge de l'expropriation en droit francais. Vers l'instauration d'un juge foncier specialise." Nantes, 1989. http://www.theses.fr/1989NANT4003.
Full textThe juridiction of expropriation according to french law is an institution which is undergoing changes. Traditionaly entrusted with the transfer of property in the case of expropriation and to calculate the amount of indemnity of disposession, in virtue of the principle by which the magistrate is the gardians of private property, this juridiction is undergoing total evolution. The competent expropriation judge in matters of town planning, in domains outside expropriation cases, has moreover confirmed his role as an expert on real estate. Nowadays, the expropriation judge is not only a gardian of private property, he is above all an expert on real estate
Nobirabo, Musafiri Prosper. "Droit foncier des peuples autochtones et le droit international cas des peuples de la forêt "Pygmées" de la R D Congo /." Bern : Stämpfli, 2007. http://www.ub.unibe.ch/content/bibliotheken_sammlungen/sondersammlungen/dissen_bestellformular/index_ger.html.
Full textHouedete, Ogounbyi Thomas. "Régime foncier et développement agricole au sud du Bénin : de l'indépendance à nos jours (1960-2002)." Grenoble 2, 2004. http://www.theses.fr/2004GRE21004.
Full textThe purpose of this thesis is to analyse the dynamics and the results of the system of land tenure in southern benin on the region's agricultural development. It aims to contribute to the general approach to the dynamics of the unwritten " common " law of land tenure systems, as regards their relationships to the state and the productive use of agricultural ressources. This study borrows some analysing tools from the old institutional economics. It participates to an empirical study of institutional change from the standpoint of a specific institution - land tenure - in the context of an under-developed agricultural economy, still bearing some scars from its colonial past. The notion of transaction in commons' sense is used here, as is the role of state action through regulating processes to establish the counter-developing nature of land tenure in southern benin. The main reasons of the present institutional deadlock are presented here, along with a few suggestions as to how to modify that land tenure
Hassani-El-Barwane, Mouhssini. "Le système foncier comorien de 1841 à 1975." Thesis, La Réunion, 2010. http://www.theses.fr/2010LARE0028/document.
Full textThis purpose of this research is to attempt to study how the Comorian land ownership system as regards its organization functioning during the pre-colonial, colonial and post colonial period. This system actually reflects the side by side existence of both traditional and colonial structures. It has however undergone deep changes with three different types of ownership, the customary, the Islamic and the colonial modes of property acquisition. The choice of this time frame is deliberate since it has enabled us to analyze the weakness of the system before, during colonial period and up to the independence in 1975. This study will first look closely and exhaustively at the permanent mode property acquisition continuous changes and challenges related to the mode of property acquisition such as inheritance, donation, sale contract, exchange, accession and prescription. At the same time, it will examine the general and specific features of the socio cultural context. Finally it will present the possibilities and land policies leading to a written document for regulation estate and land while keeping a balanced ecological environment in relation to a true policy promoting human sustainable and development
Freydier, Cédric. "L'accession à la propriété foncière pour les investisseurs étrangers à Madagascar." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0055.
Full textThe perpetual search for gain or profit has not spared reportsbetween states. Indeed, the country through their relationshipssign agreements in order to ensure growth and developmenteconomic, Madagascar is no exception to this rule.Thus, it is clear that in recent years investorsforeigners are interested in the prospects offered by the"red island"however, the issue of security of their investments arises, andresult, many questions about the home landfor foreign investors in Madagascar.The land will be heard in this research as the sum ofland acquired or to be acquired by foreign investorsdevelop their projects. Indeed, investors, that is to say,Corporations (SA, SARL, EURL, group ...) wishing to relocate toMadagascar want to ensure guarantees of "property of the thing(...) And what it product1 "that is to say their investments.Thus, a necessary condition for business development, investmentForeigners represent a significant potential that can afford to takethe economy up. However, many business leaders orindividual entrepreneurs remain on their reserves because of theirconcerns about the reliability of a settlement on the island of the Indian Ocean.It is within this framework, business law with support from Madagascarcurrent government and through institutionsInternational is undergoing a profound change. Indeed,RAVALOMANANA2 Mr. President of the Democratic Republic of Madagascarintroduced new processes in the economy and politics of Madagascar. Amajor reform of business law and the law applicable toinvestors is Class3, this in order to restore confidenceforeign companies to revitalize the economy and allow a "call"investment to encourage international donors fonsforeigners.The approach, the study and deepening of these new data allowof a comprehensive review of home land (which is acondition to promote, develop and encourage investmentsforeign companies).As part of this profound change, and these reforms withimpact on business law it is interesting to speculatethe new conditions of home ownership on the ground in Madagascar,and to study the processes in place to encourage creativecompanies, relocation (Taxation encouraging ...) and to reassureinvestors.1 Art.544 C.civ "Property is the right to enjoy and dispose of things(...) "And 546 C.civ" The ownership of a thing is movable or real estateis entitled to everything it produces (...) "2 President since 2002, he succeeded Mr. Didier Ratsiraka.3 See, the official launch ceremony of "the Economic Development Boardof Madagascar "and the Economic Development EconomicMadagascar, dated March 5, 2007, in Antananarivo
Berthier, Bruno. "La commune savoyarde et les enjeux fonciers depuis le XVIIIe siècle." Grenoble 2, 1993. http://www.theses.fr/1993GRE21046.
Full textBased upon perusal of judicial records, this study presents the land status of the "commune savoyarde" from 1778 (reapplication of the "edit de rachat des droits seigneuriaux" in savoy) to 1900. The analysis of the "commune" reports the diversity of juridical status present in savoy where the communal property represents up to 80% of the parcels of land. Although the "commune" can manage a part of its patrimony like privates individuals, the set of goods out of trade (water, roads and paths, churches, woods, etc). Administrated by the community is becoming more and more important. Out of france until 1860, savoy, yet a precursor in land politics, in the 18th century's europe has known, from the late age of enlightment to the end of the 19th century, an extraordinairy juridical systems (sardinian legislation before 1792, imperial and revolutional legislation from 1792 to 1814, re-application of the ancient legislation from 1814 to 1837, remake of the sardinian legislation by the "code albertin" in 1837 and application of the french law from 1860) unprecedent in occident. Therefore it is interesting to analyse the terms of the communal patrimony's being until today, despite the reparated "assault" of all these legislations. This study goes on through the present. The nature of the "commune savoyarde" now presses with all its weight on the montains developpement's politics connected to the winter sports. The work of yesterday "communiers" is not less significant than the work of the modern legislator
Barrière, Olivier. "Gestion des ressources naturelles renouvelables et conservation des écosystèmes au Sahel : le foncier-environnement." Paris 1, 1996. http://www.theses.fr/1996PA010299.
Full textThe objet of the study is related to the research on a coviability between humans and ecosystems within a sahelian context whose environmental, socioeconomical and political data have deeply evolued since at least twenty years. An approach based on the anthropo-juridical study of the various exploitation systems and their interactions infers the fundamental imbrication of the land (defined as the substrate support of the biotic elements and the ecological process) and of the environment (composed in particular of the renewed resources as stakes of power relations). This approach in environmental law is made from a methodological attitude taking into account three observation scales : the village territory, the province and the region. Constituing the binomial spaceresource as unit of observation and as operative concept in every scales, it explores the relation man-natural environment by decorticating the land tenure frame of each of the exploitation systems taken individually and in interaction with the others. The aim is to think the principles of a right considering the interactions which weigh on the behaviour of individuals, on their decision and their action in terms of management of natural resources and which integrate the necessity of the longterme coviability of the biodiversity and of the cultural diversity. This right should constitute a change lever and allow to move from the conflicting and disorganized situation that the analysis of the social structures shows to a juridical situation where the liberty margin of the social actors and their respective responsability shares are clarified in accordance with the rights they have on the space-resources and in which they must be, in other respects, secured
Dupont, Josselin. "L'émergence d'une politique foncière régionale en Bretagne : de l'identification des enjeux à la création d'un établissement public foncier d'Etat." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20020/document.
Full textDuring the last decades, we have experienced a general rise of real estate prices as well as the reinforcement of sustainable development issues. This resulted in a "renewal" of land policy in France, with the development of “Etablissements publics fonciers” (EPF). At the same time, there is a withdrawal from the public sphere against a dominant financial logic. In this context, our thesis questions the need to develop land policy at the regional scale. To do so, we have examined the situation of Brittany on the basis of several partnerships (Regional Council, DREAL and EPF of Brittany, ADEF, COST and joint supervision with the University of Liege), with research materials gathered from three distinct research terrains (in Brittany, in France and in Europe). This leaded to a PhD structured in two main parts: on the one hand, a regional diagnostic on land issues for Brittany with a list of mobilized land data and, on the second hand, an original analysis of the EPF tool. Our results show that Brittany is facing fundamental land issues (fast land artificialization due to specific modes of living and demographic dynamics) that impact in different ways the regional territory (rural-Urban and Armor-Argoat disparities). Ourresults also show that the choice of a regional land policy embodied in the creation of an EPF is at the same time very common from a French perspective and very original from a European perspective. In conclusion, we note that the effectiveness of EPF is not yet actually demonstrated and we propose recommendations to Brittany’s decision-Makers
Gillieron, Johann. "La liberté de disposer à cause de mort au regard de la loi fédérale sur le droit foncier rural /." Zürich [u.a.] : Schulthess, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/53896393X.pdf.
Full textAit, Abi Hicham. "Le pluralisme juridique du système foncier marocain (droit musulman, makhzenien et protectoral) et son impact sur la vente immobilière." Perpignan, 2008. http://www.theses.fr/2008PERP0804.
Full textReal Estate sales issues attract a lot of attention in Morocco today, especially after recent socioeconomic evolution, which happen in the country recently. During the 1990s, rules for sales of land in Morocco changed significantly. Many new academic publications were created which were trying to bring together the existing law and usual practice during its sales in order to protect the owner of the property and so to be able to find a better solution for eventual conflicts with regard to the land matters. In the past few years Morocco has become more involved in the reform process as with regard to land legislations
Galland, Maxime. "Les obligations foncières." Paris 1, 2004. http://www.theses.fr/2004PA010328.
Full textAndrew, Nancy. "Réforme agraire et dynamiques sociales du conflit foncier dans les campagnes sud-africaines." Paris 5, 2005. http://www.theses.fr/2005PA05H020.
Full textThe thesis explores the dilemmas behind South Africa's politically-strained process of landreform since 1995, by looking at rural social conflict : by looking at rural social conflict : African women's limited access to land, the precarious situation of farmworkers and labour tenants, large numbers of whom were evicted from the white-owned farms in the face of potential land rights, and the painfully slow land restitution programme. Crucial areas of debate are presented : how much capitalism has transformed agrarian social relations, sharp differences over the goals and market approach of land reform, its targets and poor results, as well as the major structural hurdles facing the ANC in the context of the 1994 social compromise. How to handle the paradox of democratising a property system that anchored apartheid but continues to underpin the current economic order? A comparison with Zimbabwe's controversial fast-track expropriation after 2001 concludes the study
Roussel, Franck. "L'exploitation agricole : une entreprise." Bordeaux 4, 2009. http://www.theses.fr/2009BOR40025.
Full textFarm's change into farming business, desired by the legal community for years, has been realized by French law in 2006, with the creation of "farming concern" and "out of family transferable lease". So the unity of all the parts of farm, as farming business, is complete, that is, as well as land (traditional element), farming activity, possible legal organisation and, for the time being, production's administrative management. Through the different writings put together, the farm's change seems to be connected with the obsolescence of personal liability family farms, and of the exclusive link between farm and land. Demonstration results from the study of the rules applicable to "SAFER" (property development rural settlement companies), "deferred salary", "out of family transferable lease", "farming concern", farming activities, production rights, commercialization rights and allowrance rights
Baouche, Fatiha. "L'évolution du foncier agricole en Algérie à travers les réformes." Electronic Thesis or Diss., Poitiers, 2014. http://www.theses.fr/2014POIT3007.
Full textTalking about the agricultural land in Algeria, is inevitably evoking a historical process in which the land was the main challenge both during the colonization and during the post independence period, where it was the centre of a political and even ideological choice. A whole legal arsenal is introduced during more than 60 years, for the creation and the liberalization of land market, in order to facilitate the land transactions and to realise a land security of farmers to reinforce the access to agricultural land. In Algeria, the land problem becomes crucial. Due to extremely varied raisons and to various degrees, the land lies at the centre of debates and issues. In this research, we focus on the land of agricultural problem in Algeria and the various devices set up by the government since the independence to find a solution to complex question of the agriculture landholding in Algeria, and that, through all the reforms of the self- management to the concession of land in the private domain of the state
Boche, Mathieu. "Contrôle du foncier, agricultures d'entreprise et restructurations agraires : une perspective critique des investissements fonciers à grande échelle : Le cas de la partie centrale du Mozambique." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111018/document.
Full textThe growing demand for food, energy and natural resources, combined with the limited stock of natural resources available and the process of trade liberalization are among the factors that have triggered a new rush for land observed in the last years. Despite an extensive literature, most analyses of large scale land based investment are politically and ideologically anchored, reflecting strong opposing stances. On one hand, some have expressed some concerns on the potential implications of these projects on peasants’ land rights and livelihood. On the other hand, some other researchers have argued that these projects should be seen as opportunities in the struggle for food security and rural development. This thesis questions the economic, social and institutional complexity of large scale land based investment including their differentiated evolutionary dynamics and implications in terms of agricultural development and agrarian change in Mozambique. Because of a high failure rate and difficulties to establish the production structures, it appears that large scale land based investments haven’t led to a shift from small scale farming to large scale farming as the main farming organization in Mozambique. However, the rising interest of foreign investors tend to influence national authorities in rehabilitating the post-Independence agricultural development model, which was characterized by a dual system composed of marginalized subsistence farmers on one hand and foreign owned large scale farms. So, not only do smallholders benefit little from present agricultural investment dynamics, but also agricultural policies and support measures tend to shift away from the former towards the facilitation of large-scale investment. Our results questions the capacity of actual large scale land based investments to trigger a trajectory of agricultural development able to meet African economies challenges
Kpongo, Iwewe. "Le patrimoine foncier de l'Église catholique en Afrique : l'exemple du diocèse de Budjala en République démocratique du Congo." Paris 1, 2004. http://www.theses.fr/2004PA010576.
Full textBaouche, Fatiha. "L'évolution du foncier agricole en Algérie à travers les réformes." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3007/document.
Full textTalking about the agricultural land in Algeria, is inevitably evoking a historical process in which the land was the main challenge both during the colonization and during the post independence period, where it was the centre of a political and even ideological choice. A whole legal arsenal is introduced during more than 60 years, for the creation and the liberalization of land market, in order to facilitate the land transactions and to realise a land security of farmers to reinforce the access to agricultural land. In Algeria, the land problem becomes crucial. Due to extremely varied raisons and to various degrees, the land lies at the centre of debates and issues. In this research, we focus on the land of agricultural problem in Algeria and the various devices set up by the government since the independence to find a solution to complex question of the agriculture landholding in Algeria, and that, through all the reforms of the self- management to the concession of land in the private domain of the state
Babouin, Jean-François. "Le domaine foncier des communes de 1789 au début de la Troisième République : de la communauté rurale à la collectivité publique." Orléans, 2004. http://www.theses.fr/2004ORLE0007.
Full textHoungbedji, Ouziel Kenneth. "Trois essais sur la formalisation des droits fonciers au Bénin et en Éthiopie." Paris, EHESS, 2015. http://www.theses.fr/2015EHES0031.
Full textContending that tenure insecurity under informal customary institutions dampens incentives for investment and contributes to low agricultural productivity in much of Sub-Saharan Africa, policymakers have tried to formalize customary land use through the provision of de jure rights to users. Two examples of such initiatives are the land registration programmes in Benin and Ethiopia. Both programmes embed the resolution of land disputes, the demarcation of plots and the recognition of individual land rights within customary practices and provide documentary evidence of those rights. In this doctoral thesis we explore the early effects of such programmes on household welfare. Following the land demarcation activities and the resolution of land disputes, the resources previously used to safeguard land claims from risk of encroachment are freed and can increase household welfare. There is also evidence that households anticipate the registration of their landholding(s) and take preventive measures to safeguard their land rights. This anticipation has an impact on the distribution of land rights between female and male landholders and could bias the impact evaluation of land registration programmes
Pujar, Arlette. "Gestion responsable du foncier et développement durable outre-mer : contribution à une approche critique de l'espace martiniquais." Thesis, Antilles-Guyane, 2011. http://www.theses.fr/2011AGUY0503.
Full textManagement of land in Martinique is a complex, sensitive and highly political topic.The total area of the island is 1 100 km2 (square meters), e.g, one of the smallest French areas, with the highest concentration of population, submitted to multirisk desasters (cyclonic, seismic, volcanic, technological, flood, air, ground and water pollutions, tsunami…).The urban triangulation made up of a multiplicity of actors, texts and regulations, as well as a multi-level institutional cream cake (6 levels of administration: the city, the intercity, the Department, the Regional Council, the State and Europe), destroys all kind of responsibility and obstruct an endogenous development of this micro territory.A fair balance between economic, social, cultural and environmental development is necessary, by reconciling with the economic and social goals related to the insular development.The astonishing biodiversity of the island of Martinique represents an obvious tourist asset, threatened by strong land anthropic pressures.This research study highlights the relevance of the regulation applicable to the land in Martinique as well as the influence of sustainable development on this regulation. This thesis suggests perennial solutions to implement, in order to mitigate the legal inconsistencies pointed out by the study
Remou, Charaf. "Identification et dimension spatio-temporelle des conflits territoriaux dans les projets d'aménagement à Mayotte." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1501/document.
Full textThe island of Mayotte, a piece of France in the Indian Ocean between Madagascar and East Africa, is an insufficiently equipped territory. It was the victim of a succession of never stable legal status, not promoting a policy of planning. But since the change of status of the island in to a departmental authority in 2001 (101 th French department in 2011), Mayotte begain its mutation. Thus, the new goal of the island is to catch up with the metropolis and other Overseas Departments (DOM). But here, more than elsewhere, development projects are a source of tension due to a combination of many factors, including the status of land governed by two jurisdictions, the customary on the one hand, and the French law on the other hand
Poussin, Jean-Christophe. "Fonctionnement des marchés et évolution des formes d’habitat dans les territoires à faible tension foncière en Bretagne." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20022.
Full textSustainable land management is a leading stake in Brittany, where the artificialisation of land tendencies turn out worrisome. This stake invites to wonder about the conditions and the forms of a more respectful urban development. We know that the land resource, is, by definition, limited in space. In this context was created in 2009 “l’Etablissement Public Foncier de Bretagne”, a public state operator positioning as a tool in the service of the Breton communities to accompany them in the elaboration of their land strategy and the implementation of operations, in the priority domain of housing. The creation of this new structure intends to participate on a regionalscale in the regulation of markets and in the emergence of more virtuous operations. Our reflection aims at analyzing the mechanisms of interrelations between working of markets and evolution of urban forms by focusing on the “intercommunal” level and the low land pressure territories. These territories are indeed little surroundedby researches even though they establish, because of moderate costs of the land, the new "receptacles" of the urban sprawl. From the study of 4 “intercommunaux” territories and the analysis of the words held by various metactors, the thesis highlights tracks of stakes for a control of land markets by housing operations. These stakes are then declined in recommendations in the last part of the thesis
Labzaé, Mehdi. ""La Terre est au Gouvernement" : droits fonciers, encadrement bureaucratique et conflictualité politique dans deux périphéries éthiopiennes." Electronic Thesis or Diss., Paris 1, 2019. http://www.theses.fr/2019PA01D064.
Full textHow is political power deployed on the peripheries of an “authoritarian” state ? Based on field work carried out between 2013 and 2019, this thesis builds on studies of the sociogenesis of the state by analysing contemporary processes of state formation through an ethnographic lens. In the western lowlands of Ethiopia, where this study was conducted, land is often seen as a free resource waiting to be developed. On the basis of reified ethnic categories, land belonging to selected peasants is therefore expropriated by the state and transferred to investors. This process of expropriation is staged under the guise of land registration and is carried out by a range of actors. In this landscape, civil servants engage in self-criticism sessions before political cadres who will determine the course of their careers, and who have the power to send them to jail. Working alongside these cadres, western donors design and fund development programmes that directly contribute to peasant land expropriation. In rural areas, fighting sometimes prevents civil servants from carrying out land surveys scheduled as part of these programmes. Nevertheless, peasants are frequently gathered in long meetings where civil servants praise the benefits of land registration and call for common efforts towards development. This thesis brings together these various social events and their contribution to the formation of a cadastre in the countryside of Benishangul-Gumuz and Gambella. It demonstrates some concrete dynamics of state power in regions that were integrated relatively recently into the Ethiopian polity, and where state power has often been violent and predatory. Ethnographic data reveal how state power is deployed through the marketing of land as a resource and the development of tensions over land ownership into political conflicts. Consequently, this work also sheds light on how the current regime is concretely legitimized, notably through its international relations
Guégan, Isabelle. "Rapport à la terre, conflits et hiérarchies sociales en Basse Bretagne au XVIIIe siècle." Thesis, Brest, 2018. http://www.theses.fr/2018BRES0044.
Full textThe domaine congeable, a system of land renting specific to Western Brittany, is in the heart of our study. It is based upon the separation between the land on one hand and the edifices and superfices (houses, stables, barns, embankments and so on…) on the other. If the land belongs to a landlord, the edifices and superfices are most often owned by a tenant, called convenancier or domanier. In Cornouaille, the landlord lets his land to the tenant for a rent for a period of nine years. If he wishes to part with his tenant, the landlord can dismiss him after the edifices andsuperfices have been evaluated and paid back to the tenant. Our aim is to show that, in spite of the many criticisms that have been levelled at it, the domaine congeable worked quite well during the XVIIIth century, even if it tailed off on the eve of the French Revolution (conflicts over woods, ban on building without the landlord’s consent).Under an apparent rigidity, it enabled a class of well-off farmers to emerge, all the more so because the risk of being dismissed was relative, this prerogative being rarely used by the landlord, who let a farmer dismiss the tenant in place. The fact that the tenancies / tenures under domaine congéable were owned by a class of well-off farmers rendered the land market rather dull because a very great number of land transactions were made within a limited number of families, which perpetuated accordingly the supremacy of those families over the Breton countryside
Chamroeun, Hel. "Les conflits fonciers au Cambodge : contribution à la connaissance du droit de propriété cambodgien." Paris 1, 2008. http://www.theses.fr/2008PA010275.
Full textRandriamahafaly-Rasolo, Léa Fabienne. "La population rurale dans la réforme foncière et face aux investisseurs étrangers : étude de cas d’Analanjirofo Madagascar." Thesis, Amiens, 2017. http://www.theses.fr/2017AMIE0003/document.
Full textThis thesis focuses on land context in Madagascar and the nature of relations between multinationals, Malagasy State and farmers in the Analanjirofo region. The challenge is to study two land law formulas that have been implemented successively in Madagascar since 2008 and how they have affected the lives of local farmers who, for the most part, have worked lands registered in the name of former colonists or have not updated their land titles. It has been not only focused on land practices before and after reforms undertaken by the Malagasy State but also on the limits of these reforms and the critical contentious points of this new policy in Madagascar. It made an inventory of Malagasy farmland being subject (or not) to the Malagasy State assignment to domestic and foreign investors for the implementation of land reform in a context where agricultural land is becoming increasingly scarce and expensive, and where property speculation is becoming, more than ever, a way to get rich, the goal of these investors is to practice extensive farming on land they have acquired outside their home territories. Therefore, the land swung at the heart of the multinational investment strategies. It is in this context that, since 2008, Madagascar has become one of the target countries of agricultural land and mine purchases by international investors, even if Madagascar meets food safety issues, local farmers do not produce enough to cover the food needs of the Malagasy population. These are considered simultaneously land and local farmers interests, the Malagasy government and foreign investors. The second part specifies the particular local context due to the non-completion of the land reform and its partial nature, this reform concerns, finally, only a single part of land in a given municipality. The very partial implementation of land tenure offices, intended to allow local farmers to formalise their land goods, is contemporary to the giving away of land to foreign investors by the state. This section returns to the absence of effective public adhesion to land reform and to the feeling of land insecurity among the population confronted by a kind of 'land grabbing' by foreign investors in a climate of confusion maintained by the contradictory legal status of land, customary law coexisting with the land tenure offices and the transfer of land by the State to foreign investors. Thus, for local farmers, 'land grabbing' is a major issue of land reform. Thirdly, the thesis will seek to highlight the context in which foreign investors settle in Madagascar and will show why these investments for the purpose of development eventually lead to a kind of land grabbing. It will also show how relationships between local farmers and foreign investors are tinged with mistrust and the loss of confidence of farmers towards the Malagasy state, which is perceived as manipulative because of the use of foreign investments for self-enrichment. One solution would be, as the saying goes, to "give time to time", by allowing a comprehensive and definitive implementation of land reform and the reform of land tenure offices, without which farmers are obviously powerless in the face of foreign investments, an aspect of globalisation
Brochu, François. "La publicité foncière et la prescription acquisitive en droit civil québécois à la lumière du droit français, suisse, allemand et australien." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32007.
Full textThe new civil code of quebec, which came into effect on january ist 1994, has considerably limited the function of acquisitive prescription by giving new powers to publicity of rights. Indeed, although quebec's law has kept the conventional transfer of real estate element, the registration of rights in the land register will create an irrefutable presumption of their existence after ten years, when the setting up of the new system of publication by registration in the land register will be done. Also, those carrying out transactions for an immovable will be able-if they are in good faith - to rely on the entries in the land register. Inspired by swiss law, australian law and alsatian law, quebec's reform of its law on publication by registration in the land register has kept the acquisitive prescription as well as each of these countries. Even if the resort to prescription will in fact not be as popular as in french law or as under the civil code of lower canada's system, it will be possible, with the prescription, to avoid for the inscription of rights in the land register to lead to deadlock if, for instance, the registered holder of a right is absent or dead. The quebec's publication by registration in the land register was powerless without the complementarity of the prescription but it could become pressing without acquistive prescription. Maybe quebec's reform will be an example to the french legislator
Soulé, Marc. "La place de la coutume dans l’organisation de l’espace et dans la société Futuna-Samoa." Thesis, Paris 4, 2010. http://www.theses.fr/2010PA040226.
Full textCustom or the traditional system of governance seem unchanging and cannot be ignored either in Futuna or in Samoa. The light touch of colonization has not altered the customary systems .The Custom system structures, organises space, rules land ownership in both archipelagoes.Numerous agricultural ( productions) outputs such as taros, yams, kapés and breeding pigs are dedicated to custom exchanges.The traditional order still remains omnipresent in both societies.Ignoring custom means opting out of society. Even far away from home, the Futunian diasporas in New Caledonia and Samoan ones in New Zealand are actively involved in the traditional order.Alikis and Mataï remain powerful in these societies. They Administer justice which is not without causing difficulties of cohabitation with state justice.The link between religion and custom is unfailing in both archipelagoes.Custom ceremonies such as Kava or Katoaga in Futuna are uncontested moments.However this custom system unveils its limits as regards to sustainable development and major risks: cyclones and earthquakes.These islands are at the crossroads between tradition and modernityAlthough the customary system displays a certain number of advantages, it also acts as a break upon expansionLand ownership is one of the main examples
Chene-Sanogo, Alima. "Enjeux fonciers et développement "durable" au Mali." Phd thesis, Université de Bourgogne, 2012. http://tel.archives-ouvertes.fr/tel-00839314.
Full textZabalza, Alexandre. "La terre & le droit : du droit civil à la philosophie du droit /." [Pompignac] : Éd. Bière, 2007. http://catalogue.bnf.fr/ark:/12148/cb41155251g.
Full textChatain-Autajon, Lise. "La notion de fonds en droit privé /." [Paris] : Litec, 2006. http://catalogue.bnf.fr/ark:/12148/cb40936876j.
Full textJanin, Patrick. "L'espace en droit public interne." Lyon 3, 1996. http://www.theses.fr/1996LYO33017.
Full textLa, Rupelle Maëlys de. "Institutions financières, migrations et inégalités en Chine." Paris, EHESS, 2011. http://www.theses.fr/2011EHES0025.
Full textThis PhD focuses on the relationship between institutions and development, and, more specifically, on land rights and on internaI migration in China in the early 2000s. Our work deals with two main questions: is institution al reform able to transform deeply society and to have a durable impact on inequaIity ? How institutions are impacting individual decisions and therefore development? The three decades of the Maoist period aimed precisely at disrupting the intergenerational transmission of inequalities. Yet, we show that the offspring of the households which were the poorest in the 1940s have, in the ear1y twenty-first century, less access to land and education than others. In rare areas, where revolution has benefited from additional resources and that the Long March path identifies, we observe a reverse pattern: the sons of the former poor peasants rely on a bigger amount of land than others. As access to land and education proves to be persistent, migration has an important role to play in developing the countryside. However, migration is heavily constrained by a set of institutions. The household registration system, or Hukou, land rights, birth control are making a definitive settlement in urban areas extremely difficult. We show how land rights insecurity, jeopardizing the main asset of rural households, and family planning policies, reducing family size, and thus resources to cope with agricultural needs, shorten migration duration
Muttenzer, Frank. "Déforestation et droit coutumier à Madagascar : l'historicité d'une politique foncière /." Genève : Institut universitaire d'études du développement, 2006. http://www.unige.ch/cyberdocuments/theses2006/MuttenzerF/these.pdf.
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