Dissertations / Theses on the topic 'Droit français des contrats'
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Herrera, Moreno Jorge Ivan. "La cessation du contrat de distribution en droit colombien : l'apport du droit français." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020062/document.
Full textUnder Colombian law, there are different legal regimes governing the termination of distribution contracts. In particular, the rules of the termination of the commercial agency contract differs from the rules of other distribution contracts, such as the concession and franchise contracts. This difference stems the fact that the legislator established rules of protection in favor of the commercial agent in a particular political-economic context whereas he did not worry until now about the regime of termination of the other distribution contracts. This differentiated treatment is, however, highly questionable. In addition, the application of the general contract law is revealed to be unsuited in many respects to the peculiarities of the termination of distribution contracts. In order to overcome these issues, a special common regime for the termination of distribution contracts is possible, which is based on the unity of their characteristic performance and on their common structural characteristics. Special regime, it allows to understand the special nature of these contracts. Common regime, it allows to remedy unjustified differences in legal regime. A proposal of the rules which make up this common regime is necessary
Saad, Rami. "L'arbitrage dans les contrats administratifs : étude comparée, droit français-droit libanais." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010352.
Full textThe study arbitration in administrative contracts may be surprising that the two concepts do not belong to the same branch of law in countries of French tradition. Similarly, the activity of legal persons govemed by public law is exorbitali common law that allows the public interest to outweigh the private interest. Arbitration is a judicial egalitarian disput resolution mean. Thus, the administrative courts must necessarily intervene to order the enforcement of the awarde decision. The use of arbitration to resolve dispute arising out of administrative contracts has reason the slow action take by administrative tribunals. Similarly, the expertise that has the arbitrator led the legislature to make some exceptions the prohibition of the use of arbitration by the Public authorities. Similarly, in France, the administrative court decides t refer the famous case Sueur et autres on 29/10/2004 to an arbitrator in the view of the complexity of these contrac create the necessity of referring the case to an arbitrator for dispute resolution. Moreover, International law has aIso contributed to such exceptions as it is the case of the agreement of 6 March 2007 related to the Abu Dhabi univers museum. These developments demonstrate the obvious interest of public authority for arbitration. Hence the need demonstrate that arbitration can be adapted to the specifie nature of the missions assigned to public authorities and the legal nature of public & administrative contracts and to find the appropriate legal regime
Stora, Raphaëlle. "Les contrats de l'artiste-interprète en droit français." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20012.
Full textArtist contracts analysis reveals a dual protection: protection of the employed person but also protection in respect of rights related to copyright. Indeed, while contracts of employment are generally based on a work force, the artist contract is based on the person of the artist and the object from the employment relationship bears the imprint of his personality. The artist's employment agreement takes two worlds: artistic and economic. This passage of the artist of the artistic universe to economic reality doesn?t take place without the presence of many professionals of the show, the artist in creating economic partners or without artistic agents and managers that shape the artist to the needs of the market, the expectations of its economic partners. However this balance created between artistic world and economic universe might well be questioned by the development of new technologies
Belebna, Mohamed. "Le contrat d'assurance maritime en droit algérien et en droit français." Paris 2, 1995. http://www.theses.fr/1995PA020061.
Full textThe aim of this thesis is the study of marine insurance contract in algerian and french law. The long experience of the french marine insurance market explains its predominant place and role among the largest insurance market in the world. It's not the case of algeiran insurance system. Although that is a french inspiration, the algerian insurance it's so young and a few studies was maked in this matter. The first part is an preliminary chaptr. Its aim is the draw of history evolution to marine insurance. The first chaptr deal at once the definition, the characters of the marine insurance contract then relative rules of this formation. There is not marine insurance when the insured values (hull and cargo) don't takes to submit marine risks. This cause to express by both ways: as for nature risks, a time and place covers. It's object of the second cha@pter. The main prupose of insurance is to indemnity the assured for loss substained by this property. This rule to express in the insured values. For instance, we have treated in the third chapter. The last one chapter, explains the obligation of the insured, assured and settling on indemnity. It can be made : "in damage" or "in abandonment". However, the divergences separates the algerian and french systems. Since 1966, algeria has instituted a state monopoly on insurance sector
Choubani, Salah Saloua. "La promesse de porte-fort : étude comparative en droit français et en droit tunisien." Nantes, 1998. http://www.theses.fr/1998NANT4013.
Full textThai, Thanh hien. "Exécution en nature du contrat - Etude comparative du droit français et du droit vietnamien." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30089/document.
Full textEconomic exchange, whether it is goods or services, goes far beyond today’s borders. This phenomenon undoubtedly requires mutual understanding of respective national laws by the co-contractor parties of various nationalities. The comparative study of French and Vietnamese Law is limited to specific performance and legal measures of constraint. Therefore, several issues emerge around the sanction applied for a breach of contract: - Is there a general principle of specific performance? And, if needed, can legal measures of constraint be imposed? - Is the judge obliged to order specific performance when the party for whose benefit an undertaking has not been performed requests it?- What decisions will the judge take about the creditor’s request, party that is victim of the breach, who is seeking either for a specific performance or to have the contract rescinded?- What decisions will the judge take when specific performance has become impossible or prohibited by the law?The answers to these questions will help solve the problem of relationship between specific performance and other remedies for breach of contract. Other issues are also raised regarding the solutions to enhance and implement specific performance, the defences that French and Vietnamese Law provide to the contracting party to implement specific performance… In order to answer those questions, and many others, we should ask ourselves which of French and Vietnamese Law best applies. Therefore, this study entitled “Specific performance – a comparative study of French and Vietnamese Law” will attempt to provide answers to these questions. These matters will be taken up in each legal system in order to bring out the points of convergence, divergence and thus identify opportunities for French and Vietnamese Law on the subject. This comparative study shows that French and Vietnamese law face a number of points in which solutions converge. At first, we can notice that these two legal systems favor specific performance to other sanctions for breach of contract, namely the price reduction, contract termination or damages. In order to protect the creditor, French and Vietnamese contract law allow to combine specific performance with other sanctions provided they are compatible, which is notably the case for damages. In the name of contractual freedom, specific performance and its combination with other sanctions can also be appointed by mutual agreement of the parties.More broadly, the study of French and Vietnamese Law on specific performance, which is the very substance of this research, will not only be the ones to be considered. In the vast movement of global economic integration, referring to other legal systems can also provide better insights on contract law and, thus, will permit to update legislation and judicial interpretation in favor of French and Vietnamese Law related to specific performance
Aubry, Hélène. "L'influence du droit communautaire sur le droit français des contrats." Paris 9, 2000. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2000PA090002.
Full textFixot, Sébastien. "La réception des contrats de la finance islamique en droit français." Thesis, Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD016.pdf.
Full textIslamic financial law has its source in the Shariah, composed of the Quran and the Sunna, but also in commercial practice and rulings of scholars. The thesis focuses on Islamic finance contracts, the system’s cornerstone. It intends to demonstrate their integration into French law requires no legislative reform. This implies studying the fundamental rules governing these contracts in order to first specify them, and then to identify their common purpose: contractual justice. Though they significantly differ from French law, they are neither completely foreign to – nor incompatible with – our own system, which multiplies the provisions protecting contractual balance. Starting from the observation that acceptance is possible, the question arises as to its modalities. French law’s liberalism leaves ample room for the integration of Islamic rules into the contract by their incorporation or by submission to a foreign law that enshrines them. Assuming the agreement is governed by French law, it is necessary to establish, on the basis of positive law, the legal framework of Islamic finance nominate contracts. Echoing the intention the French government has expressed in the wake of the financial crisis, this thesis highlights the possibility and the modalities of the integration of Islamic finance contracts into French law
Gemei, Hassan. "L'Opposabilité des contrats en droit français et egyptien." Paris 1, 1987. http://www.theses.fr/1987PA010251.
Full textÖzcan, Cem. "Les droits du sportif professionnel : étude de droit européen et français." Paris 10, 2009. http://www.theses.fr/2009PA100019.
Full textThe penetration of the market rules in the professionnal sport has changed the structure of the rights of professionnal athletes. The right of the free mouvement in the European Union was won by the famous decision Bosman and it created new perspectives for the professionnal athletes. On the other hand the problems which were created by these changements made necessary to think seriously about the specific aspects of the sport
Cabrillac, Rémy. "L'acte juridique conjonctif en droit privé français." Montpellier 1, 1989. http://www.theses.fr/1989MON10032.
Full textMoura, Marie-Elisabeth de. "L' inexécution du contrat en droit français et dans les principes de droit européen des contrats (principes Lando)." Clermont-Ferrand 1, 2008. http://www.theses.fr/2008CLF10004.
Full textChahbar, Taoufik. "Étude de la formation du contrat électronique, comparaison droit français et droit marocain." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100097.
Full textThe e-commerce business is usually embodied in a traditional legal tool made available to economic actors by the law: the contract. This one is usually signed from afar. Thus it is dematerialized. In addition, there is the possibility of depersonalization and internationalization thanks to the ability of computer networks to break free of borders. These characteristics of the e-commerce contract have disrupted the legal framework. The latter being essentially aimed at regulating a contractual relationship in which the parties involved are human beings by using tangible elements. In such a situation, an adjustment process due to the new parameters of the electronic commerce contract is required for the law to avoid a historical setback. French and Moroccan laws have proved to be reactive insofar as contract law here and there already witnesses a process of adaptation to the new parameters of the electronic commerce contract. The analysis of such a process reveals; the advent of rules specific to such a contract; certain rules have been declared inapplicable; some institutions have been rethought taking into account these new parameters and definitions of existing concepts have been introduced as part of such a process. The comparison between French contract law and Moroccan contract law in the field of electronic commerce contracts allowed us to observe the shortcomings. Thus, we noted, but not exhaustively, that: the capacity-rule in the current state of French or Moroccan positive law is detrimental to the signing of the contract by "electronic agents"; the application of the reasonable time limit to the offer by electronic means under French law is incompatible with the need for competitive intelligence which is felt in the virtual market (cyberspace) more than elsewhere; the Moroccan legislator has been quite firm in recognizing the quality of the offer through electronic means by ignoring certain advertising techniques which allow immediate sale; etc. Any initiative likely to fill such gaps must be entrusted to the case law, since the case-law is not mandatory, it is likely to be rejected or modified at any time when a new case is examined. This turnaround possibility makes it possible to work alongside the evolving nature of the e-commerce contract. The legislator's intervention in the field of electronic commerce contracts, insofar as it is necessary, must be limited to adopting existing legal frameworks in order to remove the real obstacles resulting from a legal constraint
Douchy-Oudot, Mélina. "La notion de quasi-contrat en droit positif français." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32025.
Full textAccording to the article 1371 of the french civil code, the quasi-contract is an autonomous source of obligations. It belongs to the commitment witch are formed without convention. At the economic level, it's a movement of values made up of the impoverishment of a person and a correlative enrishment of an another. At the juridical level, this transfert must be spontaneous. The typical characteristic of the quasi-contract has, for the negative criteria, the absence of cause, and by indirect, the absence of fault made by dishonesty. The operated shifting of values is injustified, the commutative order obliged to a come back of anotatus quo. The studied notion knows a tripartition of the actions-business management, repetition of undue and the enrishment without cause. Beyond, many legal figures are grafted on the the quasi-contract by the doctrine. The present work also attemps to discern the well-founded of the linking up the most commonly operated
Gabayet, Nicolas. "Les contrats publics à l'épreuve de l'aléa en droit anglais et français." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1004.
Full textThe question of the treatment of uncertain/unforeseen events affecting public contracts seems to oppose in an immeasurable way English and French laws. While, in French law, general rules provide, in the public interest, the treatment of uncertain/unforeseen events affecting public contracts without the consent of the contractors, no such provisions exist in English law, where the sanctity and intangibility of contract prevails. Thank to this antagonism, the proposed comparison enables to highlight the deep motivations of the treatment of uncertain/unforeseen events affecting public contracts, through the theoretical opposition between sanctity of contract and public interest. In this respect, the general rules allowing, in French law, the treatment of the uncertain/unforeseen events without the consent of the parties appear to be based on an economic and teleological approach of the contract and its biding force. Surprisingly, the latter approach can also be noticed, in some respects, in the English law of contracts. Moreover, the priviledged mean to treat uncertain/unforeseen events in England as well as in France is the agreement of the parties – whether ex ante or ex post. Nonetheless, the possibilities of variating the contract in the course of its performance have been drastically limited by the European Union law. By contrast, the intial terms which tends to erect an autonomous regime of treatment of uncertain/unforeseen events through the spreading of standard terms appear to be the major and indispensable mean of adaptation of public contracts in the course of their performance
Gonzalez, Aguilar Audilio. "La rédaction automatique des "contrats informatiques" en droit français et espagnol : approche cognitive et pragmatique du droit." Montpellier 1, 1994. http://www.theses.fr/1994MON10008.
Full textThe production of juridical acts passes by a formalisation inseeing of the automation. The instruments cognitive available relevants of the artificial intelligence, himself reducing and maladjusted to an open treatment. This is therefore starting from the deep structure of right somecontracts, conceived like one common space of communications, than a methodology is formulated and validated by the realization of an interactive system of aide to the decision for the contrats of prestations data processings in french law and spanish law
Torkmanie-Ghazal, Mohammad-Ammar. "L'évolution du gage en droit français : étude comparée avec le droit musulman." Lyon 3, 2004. http://www.theses.fr/2004LYO33041.
Full textMaroudis, Marguerite. "Le contrat à distance : notion et régime, étude comparative (droit français et droit libanais)." Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND006.
Full textThe distance contract knew a real development with the intervention of the new information and communication technologies which aroused an accelerated passage from the catalog to the screen and a commercial revolution of which the remote sale and essentially the e-commerce establish its privileged point of observation. The existing European, French and Lebanese legislative initiative was not, unfortunately, as high as the technological progress. On one hand, it bounds the distance contract as a contract of consumer law and not as a contract of common law. On the other hand, it connects the economic balance of power unbalanced between the contracting parties to their respective qualities (consumer and professional) and not to the defect of negotiation which precedes the conclusion of the distance contract. It is advisable, from then on, to propose a simultaneous comparative study which allows to reconsider the distance contract in the light of the period which precedes its conclusion by supplying solutions for the gaps and the existing legal disparities in the French and Lebanese substantive laws and in the European directives, to demonstrate that the distance contract as a contract of membership or by mutual agreement is a contract of common law which benefits from a appropriate regime. By involving diverse branches of the law, this comparative study allows to encircle this appropriate legal regime of the distance contract to release its notion
Rooz, Delphine. "L' intégration du droit de l'Union européenne et le droit français des contrats." Paris 1, 2012. http://www.theses.fr/2012PA010319.
Full textAl, Hajjar Wissam. "Les nouveaux contrats publics de construction en droit français et en droit libanais." Montpellier 1, 2007. http://www.theses.fr/2007MON10032.
Full textMichaud-Tulquois, Céline. "L'idée littéraire et artistique : droit français et droit américain." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_michaud-tulquois_c.pdf.
Full textLiterary and artistic ideas appear to constitute essential elements of French and US intellectual property laws. However, analyzing them remains uneasy. Our study required the revision of the classical grounds for excluding ideas from copyright protection, and suggested to go beyond the idea-expression dichotomy, by disregarding the work of authorship dissection process that leads to consider that certain elements of the work are ideas and that others belong to the form of the work, to prefer a global analysis of the work. The use of criteria such as precision and originality allows a global analysis of the work. Besides, if courts do not ignore ideas and more generally the substance of a work in their analyses, which we have shown, we had to move away from copyright and head toward other legal remedies in order to protect efficiently ideas or their creators, outside any copyright infringement. Our study therefore led us to proceed with the search for other protection modes, outside the strict realm of intellectual property law
Georgijevic, Goran. "La prise en compte des motifs en droit comparé des contrats : (droits français, serbe et anglais)." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40061.
Full textThe behaviour of every individual of sound mind is explained by a variety of reasons. Besides psychological science, Law, including contract law, is interested by those reasons, called motives. This interest results from the fact that the behaviour of contracting parties is not abstract; it always reveals the existence of a variety of motives. However, the legal rules of a given domestic system cannot attribute an importance to all motives of parties. This is so because motives represent a psychological category and taking into account in an unlimited way those motives would imperil security in law. This present doctoral thesis aims at proposing a critical analysis of the taking into account of parties’ motives through a comparative study of French, Serbian and English law
Dournaux, Frédéric. "La notion de fraude en droit privé français." Paris 1, 2008. http://www.theses.fr/2008PA010272.
Full textWaked, Rita. "La notion de contrat administratif international à travers l'exemple du contrat BOT (Build, Operate, Transfer) : étude comparée Droit français-Droit libanais." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020005.
Full textSidi, Abdoullah Braham. "Droit français et droit musulman dans le code mauritanien des obligations et contrats : l'exemple du consentement." Orléans, 1998. http://www.theses.fr/1998ORLE0002.
Full textIn theory, it is generally proclaimed that important differences exist between French and muslin law. In practice, both systems converge. The examination of the rules relating to the consent in the Mauritanian code of obligations and contracts. Is appropriate to show the respective influence of both systems of laws. The analysis of the new put in to force in 1989, show clearly that the principles relating the consent, its structure, but its protection, Muslim law and French law have similar rules. The new Mauritanian code has been successful in mixing modernity and tradition. It shows that Muslim law is open to any contemporary evolution in law because, it is also a rational system
Denoix, de Saint Marc Stéphanie. "Le contrat de commande en droit d'auteur français." Paris 2, 1997. http://www.theses.fr/1997PA020064.
Full textArtistic or creative work carried out "on order" is quite a paradox : artists and authors need a certain amount of freedom to create a work, yet at the same time may be bound by a contract which more or less restricts that freedom. Although a contract may restrain the artist's freedom, it may also end up stimulating the creative process. As an expression of the parties agreement, how can the french contrat de commande be classified? although the specific nature of this contract must be taken into account, a sui generis definition need not be retained. Indeed, the french rules governing the category of "contracts for work" (contrat d'entreprise) are flexible and broad enough for work ordered through a contrat de commande to be easily classified here, without such contract losing any of its original features. As contracts of this type can fall into the category of contrat d'entreprise, rules in this category of contract will apply, such as those applicable to setting prices and the unilateral right to terminate the agreement in favor of the party who ordered the work. Due to the very object of work ordered under a contrat de commande and due to the fact that in most cases, one of the parties is acting in the capacity of an author or is engaging in creative work, rules protecting literary and artistic property rights must also be examined, as they may conflict with rules applicable under french law of contract. These protective provisions include rules whereby an artist cannot be bound by contract to sell all of his or her future works, artists have the right to release their work (wich allows them to refuse to deliver a work they are not satisfied with), as well as rules which help artists and authors seriously consider the extent to which they plan to sell or transfer their property rights. However, artists and authors can be overprotected which is damaging to them. Therefore, when the work ordered is to be used or exploited and the law does not contain specific provisions to this end, it appears more useful to attempt to strike a balance between the parties interests
Lu, Shenghui. "Contrats internationaux en droit international privé chinois : comparaison avec le droit international privé français." Paris 2, 2001. http://www.theses.fr/2001PA020037.
Full textMégnin, Serge. "Le contrat d'agence commerciale en droit français et allemand." Montpellier 1, 2002. http://www.theses.fr/2002MON10060.
Full textSurachat, Jinda. "L'identification du contrat administratif : étude de droit comparé des modèles français et thaïlandais." Nantes, 2014. http://www.theses.fr/2014NANT4005.
Full textNowadays, the administration resort to contractual process in order to successfully complete its missions for different kind of public action. Nevertheless, not all contract of the administration are administrative contracts. The latter are based on the principle of inequality between the administration and private individuals. It is subject to an exorbitant regime which come under the administrative judge, while the civil contract of the administration is based on the equality of party. It is then necessary to distinguish the different contracts in order to know the relevant jurisdiction, the applicable rules and procedures. In Thailand, we used to apply, for every contracts of the administration, administrative and civil, the rules of civil law. The concept of administrative contract has been recognized only since the creation of the Administrative Court in 1999. There is therefore, a difficulty for identifying contracts, which is not known in French law, where the dualism of jurisdictions system is implanted for a long time. The principle of the administrative contract are more developed and clearer thanks to the Council of State's decisions and legislative texts. In this research, the French law is used as a paradigm for trying to grasp the criterion that make possible the identification, and thereby, the execution of the administrative contract in Thailand
Fattal, Raghid. "La résiliation unilatérale du contrat : étude comparée du droit français et du droit des Émirats Arabes." Poitiers, 2008. http://www.theses.fr/2008POIT3017.
Full textThe right, for one contracting party to break a contract is provided in French law and in the UAE (United Arab Emirates) law, by a legal act or a termination clause. Furthermore, French courts have ruled that the right to break a contract could apply to a contract concluded for an unspecified period and also to a contract concluded for a specific period in case of emergency or when the situation has become unbearable given the bad behaviour of one of the contracting parties. In 1998, the French Court of Cassation established, in the Tocqueville case, a unilateral right to break a contract when one contracting party had a harmful behaviour. This sentence was confirmed by many others as well. This new solution is not yet admitted by the UAE law despite of a quite similar legislation and the economical benefits brought by the decision of the French Court of Cassation
Marie, Géraldine. "Droit européen des contrats de valorisation des biens immatériels : Essai de comparaison du régime des contrats en droit français et en droit anglais." Strasbourg, 2011. http://www.theses.fr/2011STRA4018.
Full textIn view of harmonizing contract laws in the European Union, it is necessary to compare the existing national legal systems. In particular, we undertook a comparative study between French and English contract laws for exploitation of immaterial assets in order to understand how each system deals with security, contractual justice and allows the circulation of immaterial assets such as trademarks, patents and know-how. In both countries, these contracts are based on general rules of contract law, as well as exceptional rules dictated by the specificity of their object. In French law, assignment and licensing agreements are respectively treated as sales and rental contracts. On the contrary, in the absence of any property right, the know-how agreement is regarded as a contract for services. In addition, French law reinforces the implied terms of these contracts according to the general principles of “good faith” and equity. In contrast to French law, freedom of contract appears to be prevalent in English law as discussed in this thesis. The thesis also studied the influence of European Union competition law on the contracts relating to trademarks, patents and know-how. These contracts have become instruments of market regulation through the control of contract terms carried out according to cartel law. This regulation allows a fair balance between the interests of parties and competitors. In conclusion, the contracts for exploitation of immaterial assets should be viewed as a frame for implementing access to innovation and wealth
Mouyaga, Inès Sonia Leslie. "L'économie du contrat en droit privé." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR083.
Full textThe study of the concept of contract economie has been the subject of a sustained doctrinal interest in recent decades in French law. According to the French doctrine, the economie of contract is certainly one of the most predominant concepts of modern contract law. As a changing concept, French jurisprudence has been resorting to it since 1894, the economiee of the contract was taken over by OHADA law. It is therefore no less interesting to examine this concept in OHADA law, since it is constantly used by the courts. Its development, however, remains more marked in French law, where it has been recognized, a constitutional dimension. Since the issue is more practical, our analysis is therefore part of a functional approach to the concept, rather than an account of the negativist controversies that its conceptualization has often given rise to. It will therefore be a question for us here, through the prism of comparative law, to give a doctrinal overview of the contours of the concept as well as the results which it allows to be achieved in common law in the office of the French and OHADA judges. The study also tends to delineate a certain number of functions which are constantly increasing, and which could, therefore, be a source of legal uncertainty which the judge assigns to the concept in litigation of the interpretation of contracts, and why not try to make its use fluid while limiting judicial arbitrariness
Raboteau-Duval, Michèle. "Le droit des contrats de travail à durée déterminée en droit espagnol et en droit français : contribution à l'étude du droit social comparé." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32028.
Full textFixed-term contracts rose considerably these twenty-five past years in Spain. Just as in France, the legislator had to intervene in order to give framework to the use of this contract. If the two systems made fixed-term contracts an exception, thus privileging the recruiting at indeterminate duration, the regulation relating to the fixed-term contracts comprises an ambivalent character in Spain and in France. On one side, the legislation of the two countries limit the recourse to this contract when it is used jointly with the contract of employment at indeterminate duration like instrument of flexible management of the personnel. But, in addition, the contract affected of a term was largely privileged by the two laws as stimulative of employment within the framework of public policies of fight against unemployment and exclusion. In Spain, the laws of these contracts shows a certain flexibility, whereas in France it appears definitely more formal and "sanctionnator". The working relationship in fixed-term contracts raises moreover the question of the application of the guarantees recognized to the permanent employees. In this respect, the two legislations seem to be oriented towards the progressive development of a statute of the fixed-term contracts. This statute is articulated around the principle of equal treatment and of non-discrimination, principle also recognized under European Union's regulations, with the directive of June, 28, 1999. Nevertheless, the construction of the Spanish law remains now less contrued than in France. Moreover, the end of the contract remains the principal source of precariousness in Spain, whether for the renewal, for the succession of contracts or for the rules of anticipated rupture. Indeed, the rules of anticipated rupture merges with the rules on dismissal and does not fully ensure the stability of the contractual relation, contrary to the French regulation which locks the possibilities of rupture before the term of the contract
Thery-Schultz, Juliette. "La réciprocité dans l'exécution des contrats synallagmatiques en droit privé français." Paris 12, 2003. http://www.theses.fr/2003PA122003.
Full textReciprocity can be defined as a symmetrical action principle. It appears interesting to look at it within the synallagmatic contract execution, which formalize the exchanges. The causalist explanation is the main one on that matter. The two parts only accept to be debtor as they are in credit of the reciprocal service. The explanation can be incomplete: each case produces the same effects, hence no room is left to the parties relationship. Reciprocity leads to two kinds of analysis: the first one is centered on exchange, then comes the behavior of the parts. Reciprocity investigation authorizes not to only consider the exchange execution as an abstract system. The exchange comes out of a smoothed conflict between two self-related entities
Heuzé, Vincent. "Le droit international privé français des contrats : étude critique des méthodes." Paris 1, 1988. http://www.theses.fr/1988PA010264.
Full textThe "juridicalty" being a quality which comes from a determined legal order, there can't be a subjective right which is not the product of institution's activities, that this order entrust with a legal competence. However, contractors have not this quality of state order's institutions and their agreement, far from being an act, creative of legal norms, is a simple fact, from which just a juridiction is allowed to write off rights, which are given to parties by its own state, by enforcement of the convention's law. But the representation of this forum's conflicts rules which are proposed is inacceptable. The rule of autonomy which pr. Batiffol's localisation's theory refers to, can't act as a conflict rule. It has to be a way of material reglementation. However, the method itself is incompatible with the phenomenon of policies rules (regles d'application immediate) which itself consists of a manifestation, not of an autonomous method of private international law, but of the very classical exception of public order. If the french positive law is not incoherent, it can only be interpreted as a plurality of conflict rules, each one being adaptated to a given type of specific contracts. Wether an electio juris's clause has been chosen or not, the labour contract is governed by the lex loci executionis, contract on real estate are governed by the lex rei sitae, and the residence's law of the debtor of the caracteristic performance is competent for others contracts if the. .
Mouawad, Julie. "Les relations d'affaires : approche comparée du droit français et du droit libanais." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0030.
Full textThe word « business relations » is no longer only a denomination in the « business world »; in fact, the legal notion of business relations intervenes today as a new legal category of law, in particular since the drafting of French order No. 2016-131 in 10 February 2016. Our analysis will focus on the consecration of « business relations » in French and Lebanese positive law. This analysis has a principal interest to attempt to outline a general definition of the concept of « business relations », to develop the legal framework within which it is formed, and to determine the related characteristics of the business relations concept. A legal approach of this notion has enabled us to specify the legal framework of the business relations notion, this is largely based on article L. 442-6-I, 5⁰ of the French commercial code. The analysis of the economic equilibrium and the legal security of contractors will lead us to study not only the pre-contractual and contractual relations but also the condition and the legal effects of business relations at the post-contract stage. In a first approach, we will clarify the areas in which the notion of business relations is approached in positive law, and will try to specify its constituent elements. In a second approach, we will analyze the legal effects of the « business relations » notion during the diverse phases of the contract drafting and the consequences of the contract termination on those relations
Lardeux, Gwendoline. "Les clauses standardisées en droit français et en droit allemand." Paris 2, 1999. http://www.theses.fr/1999PA020031.
Full textHascoët, Marie. "Le contrat de travail précaire en droit italien : droit comparé italien et français." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32035.
Full textStudying insecure work contracts in Italian labour laws raises a first question for the French readers. According to Italian labour laws, "work contract" is common to the field of "subordination" and to the field of independence as well. This study aims at analysing both models. In the field of "subordination" the insecure work contract remains a fixed work contract. The comparative study shows that the legal framework of the contract is not the same in French and Italian laws. Such differences are due to opposed legislative policies: limiting insecure unemployment according to the French law; promoting jobs even at the expense of insecurity according to the Italian law. Italian labour laws advocate a liberal legislative policy to make resorting to fixed term contract easier. Convergent contractual guarantees are still provided for in French and Italian labour laws so as to maintain minimal stability and prevent improper use of the contract. In the field of independence, "parasubordination" is the standard for job insecurity. Italian labor laws put in contract "parasubordination" with a specific independent work contract, a "parasubordinated contract". In spite of various reforms, the contract remains uncompleted and a factor in insecurity. On the contrary, French laws does not offer a homogeneous construction of "parasubordination. " Hence, a comparative study of the two frameworks is relevant
Khoriaty, Rita. "Les principes directeurs du droit des contrats : regards croisés sur les droits français, libanais, européen et international." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020042.
Full textThe comparison of the guiding principles of contract law in French, Lebanese, European and international laws reveals on one hand a convergence in terms of identifying the guiding principles of contract law and on the other hand a divergence interms of implementing these principles.The convergence arises from the same principles - namely the principles of contractual freedom, contractual security and contractual “loyalty”2 - underlying the general theory of contracts in all three laws. This convergence is due to two mainfactors: firstly, a logical factor that is the inductive reasoning that allows extracting the guiding principles of contract law, and, secondly, a political factor based on the similarity of the general objectives of contract law in the three laws. As for the divergence in terms of guiding principles implementation, it is revealed through reinforcing in European and international laws, the guiding principles of contractual freedom and contractual “loyalty” as well as the adjustment of the guiding principle of contractual security. This divergence could be explained by the existence of specific needs of international trade. However, it should rather be related to the influence of foreign national laws different from French and Lebanese laws
Li, Yingyi. "Des Prérogatives de contrat administratif : comparaisons entre droit chinois et droit français, entre droit administratif et droit contractuel." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020032.
Full textThe theory of prerogatives of administrative contract transplanted from the French administrative law has triggered such a longtime debate in the judicial community that a unified national legislation has been absent even today. Actually, in the French administrative law, composed mainly by Case Law in this domain, there is not only a series of conditions to enforce each prerogative, but also a protective mechanism to keep a financial balance of contract for the final justice. However, based on a preference to the Power rooted from the legal traditions and the political regime of China, combined with certain contemporary facts, Chinese researchers have partially highlighted the former but ignored the latter, leading to the failure of this legal transplant. Actually, as a type of administrative power, the prerogative should not be considered into the proper system of contract composed by the conventional rights and obligations, but refers to the legal authority of administration that should be controlled by the legal responsibility. In addition, it could be considered as the breach of contract too, so that the administrator should take the contractual responsibility based on the Theory of no-fault, on the Relativity of contract and on the Force effect of contract; thus the administrative responsibility hereof could be assumed for the breach of contract, for the quasi-tort out of contract and for the illegality. No matter which pattern would be followed by the future legislation in China, an independent and influential judicial system should be the final protection of all legal systems including the administrative contract
Lelièvre-Boucharat, Martine. "Contribution à la théorie des contrats de distribution : étude de droit français et droit anglais." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32015.
Full textISSA, AHMED. "De la représentation dans le mandat en droit civil français." Caen, 1997. http://www.theses.fr/1997CAEN0046.
Full textIn application of mandate rules, indeed problems connected with representation may always arise. This thesis is aimed at explaining those problems to put forward some solutions. The first part deals with the gradual elaboration of representation in the mandate to define the judicial status of this representation. The last part is about the search of the judicial nature of representation in mandate : a critical presentation of the various theories attempting to draw the judicial nature of this institution is indispensable in order to establish then an appropriate solution
Mahjad, Bouchra. "Le déséquilibre contractuel en droit marocain : l'apport du droit de la consommation au droit commun des contrats : approche comparée des droits marocain et français." Perpignan, 2014. http://www.theses.fr/2014PERP1179.
Full textIn the general theory of contracts, a commitment made by consenting parties is deemed inviolable. The legislator takes the contractor’s consent to be a necessary condition, and hence takes measures to protect contracting freedom and to maximize the binding force of the contract. However, the issue of prior consent is becoming problematic with today’s economic changing realities. There have emerged new types of unilaterally pre-formulated contracts which do not allow for any prior negotiation whatsoever, a fact which has urged the introduction of the Consumer Law that is meant to protect the rights of the weaker parties. This new law is more concerned with the identity of the contractors than with the nature of the contract. This law is therefore based on a new conception that seeks to guarantee a contractual and economic balance among contractors. Inspired by the french consumer law, the moroccan consumer law permits the legislator to issue whatever consumer-protecting laws necessary. In any case, however, the consumer needs to be sensitized and well-informed. The moroccan government is thus urged to encourage the creation of more associations for the defense of consumer rights, and to provide them with the financial support needed for them to carry out their mission
Yang, Liu. "La suspension du contrat en cas d’obstacle à l’exécution : en droit comparé français chinois." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10035/document.
Full textIn practice several obstacles may prevent the natural progress of the contract. When those obstacles are not permanent in nature, modern law offers the contracting party a temporary solution : suspension of the contract. However, up until now, that legal solution has not been subject to a unitary legal system. Suspension is concealed by a range of traditional and modern legal techniques. Sino-French comparative law in relation to suspension makes it possible to clearly identify all these techniques, to envisage a new understanding and to offer a systematization of the complex phenomenon of suspension. Our study has revealed several important findings. For a contracting party, suspension is not merely a way to enable the sanctioning of temporary breach by the other contracting party; it can also be used to prove his legitimate breach. In addition, suspension can be used, not only in the event of breach of contract, but also in the event of the risk of breach. Lastly, the object affected by the suspension may not only be the contractual arrangement, but also the work leading up to it
Samir, Mohamed. "L'exclusivité territoriale dans le contrat de concession exclusive : étude comparée de droit français et égyptien." Montpellier 1, 2000. http://www.theses.fr/2000MON10043.
Full textBen, Ali Prieur Nabila. "Les contrats d'exploitation des biens immatériels : étude de droit français et marocain." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA022/document.
Full textIntangible property owned by companies consists most often of the industrial property rights or a secret know-how. Their indirect exploitation, national or international, is made through the concluding of various contracts of exploitation. With the globalization, these contracts are at the heart of the modern economy and constitute one of the most important tools of technology transfer. This dissertation offers a global analysis of the various contracts of exploitation of the industrial property rights and know-how in Moroccan law and in French law. The first part of the thesis exposes their general regime under contract law, industrial property law and competition law. The second part proposes a unitary analysis, which views the problems raised by each type of these contracts in these two legal systems and treats their specific regimes
Mohr, Pablo J. "L'harmonisation européenne du droit des contrats d'auteur : étude de droit comparé à partir des droits allemand, anglais, espagnol et français." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA019.
Full textThe objective of the present study is the comparative analysis of contract law relating to copyright in four legal systems of the European Union, which are German, English, Spanish and French law, and to analyse the resulting prospects of European harmonization on this subject. First, the similarities and specificities of the aforementioned legal systems will be explored on a certain number of fundamental issues of copyright contract law. Then, propositions of convergence will be formulated, which could provide a basis for discussions in the case of a possible European harmonization. The study considers aspects from copyright law, general contract law, property law, personality rights, fundamental rights, comparative law theory, as well as some European scientific projects
Ngo, Quoc Chien. "Le contrat de franchise : étude comparative (droit français et droit vietnamien)." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1004/document.
Full textFranchising is based on the exploitation by a franchisee of a clientele associated with the franchisor’s trademark. The common interest of both parties in operating a class of customers justifies their mutual obligations: the franchisee mobilizes financial and human resources while the franchisor brings intangible assets. The implementation of a common work also justifies collaboration and mutual trust among the parties during the carrying out of the agreement.Beside their common interest, each of the franchisor and the franchisees has proper interests. Therefore, it is not astonishing to find that every party tries to obtain the best advantage at the lowest cost.The comparative approach of the relationship between the franchisor and franchised in light of their respective interests, under French Law and Vietnamese Law, is enriching. It enables to go thoroughly into the legal aspects of franchising under two legal systems which, in spite of their difference, have many common points
Horowitz, Sigmund. "La protection du tiers contractant en face d'un faux mandataire en droit allemand et en droit français." Paris 2, 1996. http://www.theses.fr/1996PA020045.
Full textKremer, Christoph. "La circulation des conceptions contractuelles allemandes en droit français : une étude comparative dans le contexte de l'harmonisation européenne du droit des contrats." Toulouse 1, 2010. http://www.theses.fr/2010TOU10047.
Full textThis study will aim at outlining those concepts, originating in German general contractual theory, which have been influential in French law. Education which provides us with a comparison of national rights in terms of contracts also enables us to discern substantial and effective notions which have been established in German national law which have subsequently exerted a real influence on French lawmakers, their doctrines and jurisprudence. The study may be seen as part of a substantial amount of research currently being undertaken into the possible reform of contractual law as regards French law of obligations within the 'Code civil', as well as possible future synchronisation or even standardisation of European or International contract law. It is necessary to analyse the concepts which have become established in German and French national law which recur in various scholastic texts, which are intended to contribute to the reform of the French law of obligations, along with the emergence of a genuine European or International Law of Contracts. The aim of this work is the general contractual theory, which is at the very heart of national laws of obligations. The study will not merely be a report on the circulation of legal concepts. Its relevance will also lie in emphasising certain proven notions which are likely to be a part of a judicial decree which could exceed the framework of national rights