Dissertations / Theses on the topic 'Droit international privé – Sûretés – France'
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Attal, Michel. "La reconnaissance des sûretés mobilières conventionnelles étrangères dans l'ordre juridique français." Toulouse 1, 2004. http://www.theses.fr/2004TOU10035.
Full textIn situations involving international elements, French law provides for the lex rei sitae, that is to say the law of the place of the thing, to rule contractual movable security interests. The movable nature of the thing frequently leads to a confrontation of the French legal system to foreign warranty rules and techniques. Thus, if the thing is imported from a foreign country to France and if the foreign creditor would like to take advantage of his security interest in France, the question of the foreign security interests' recognition in France is to be asked. French law currently provides that French law shall rule rights in rem on movable things as soon as those things enter French territory. However, each time that a foreign security interest has been examined by a French judge, it has been declared equivalent to a French law-prohibited mechanism. Consequently, the foreign creditor is never granted to take advantage of his security interest, even though it has been validly created. This thesis' purpose is to show that the competence of the lex rei sitae and his enforcement in case of a change of the connecting factor are a method which doesn't necessarily hinder the recognition of foreign security interests; this research also aims to describe how French law could, in a material point of view, organize foreign forms of securities' reception through an assimilation to French law's valid mechanisms and through the achievement of publicity formalities
Pretelli, Ilaria. "La protection du droit de gage général en droit international privé : l'action oblique, l'action paulienne et l'action en déclaration de simulation." Paris 2, 2005. http://www.theses.fr/2005PA020014.
Full textHenry, Elisa. "Les sûretes mobilières en droit international privé : étude critique du droit francais à la lumière du droit comparé et du droit uniforme." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30304.
Full textUnder domestic law, this type of guarantee is widely used, specifically in France, Great-Britain and Canada, under different forms. On the other hand, due to legal uncertainties surrounding operations bearing an international character, securities on movables are rarely used in international transactions.
Regrettably, this established fact, particularly illustrated by French law, appears to go against modern tendencies to favour the internationalisation of commercial activities. The analysis of the rules of French private international law in the light of the corresponding rules of English and Canadian law allows us to identify the main obstacles in the international traffic of securities on movables and to propose reforms initiatives.
Consequently, the analysis of several ratified or drafted international conventions which are related to some aspects of securities on movables in an international context can bring suitable solutions to problems raised by the internationalisation of securities. This thesis proposes that these international agreements carrying conflict of law rules or uniform substantive law constitute the most promising means of regulating these mechanisms which are directly connected to modern international financing.
Prévot, Chantal. "La sûreté réelle pour autrui." Thesis, Guyane, 2017. http://www.theses.fr/2017YANE0015.
Full textA collateral debt can be garantee personnaly or on sombody else property. The collateral guarantor which commits its only property to guarantee a debt takes a huge risk just like a personal guarantee. The pre reform of securities of 2017, reintroduced in an article 2291 the collateral garantee on property, like in the pre reform of safeties of 2006 in its article 2285, as being a variety of personal garantee. The article 2285 of the 2006 pre reform of securities has not been retained by law. To solve the problem on the protection of the collateral porperty garantor, a primary solution is to establish common rules for both collateral garantees, personal and on properties. And, the special rules of the personal garantee and the collateral garantee on goods. This solution will put an end on the conflict created by the search of the real qualification of the collateral guarantee
Ladouceur, Kevin. "L’insécurité juridique dans la détermination de la loi applicable aux contrats internationaux par le juge dans les systèmes juridiques français, américain et chinois." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB033.
Full textWhen determining the law applicable to international contracts in the French, American and Chinese legal systems, legal practitioners undeniably encounter legal uncertainty at several stages. With regards to conflict-of-law rules, the determination of legal certainty is primarily undermined by the considerations of : - legal predictability and - the protection of weaker contracting parties. Legal predictability is particularly considered when dealing with contracts underpinned by relationships of relatively equal bargaining power whereas the protection of weaker contracting parties is considered exclusively when dealing with unfair contracts. Nevertheless, despite considerable efforts made by these three countries, legal uncertainty still persists, especially in three separate areas. First, conflict-of-law rules are scattered across several legal instruments in the French and Chinese jurisdictions. In the United States, the subject matter being largely uncodified judges apply their own rules when deciding on conflict-of-law. Second, the substance of conflict-of-law rules in these three countries is incomplete, obsolete and complex. American judges who have been applying the same conflict rules for over 50 years are now faced with rules which, in addition to their complexity, no longer meet the needs of the current international market. Notwithstanding new reforms in Chinese private international law, attention to the contractual matters is albeit brief, with only a few articles devoted to that particular topic. In contrast, French private international law is currently seen as one of the most complete and modern existing laws on the subject matter. However, some rules are very complex, if not unnecessary. And third, the implementation of these same rules can also result in enigmatic conundrums. The enforcement of a rule can point to different laws. Besides, the discretion conferred to some judges bestows upon the latter a significant degree of freedom. Consequently, these judges have the power to dismiss the law of autonomy in several cases. Furthermore, in the absence of choice, the scope of interpretation is much greater to enable them to designate a law of their choice to reach a judicial decision. This element of legal uncertainty can be removed, if not reduced, in two ways, namely: - by providing for an electio juris clause as well as an electio fori clause in the international contract or - by the adoption of an international convention unifying the conflict-of-laws rules of these three countries, in the hope that the same convention could eventually be extended to all other countries
Ancel, Baudouin. "Lois de police et ordre public dans le droit des conflits (XIIe siècle-XXe siècle) : genèse et réception de l'article 3, alinéa 1er du Code civil." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020043.
Full textThis research aims at shedding light on the historical background of the avatars of two mechanisms now integrated into the French system of private international law: lois de police (i.e. overriding mandatory rules) and (international) ordre public (i.e. public policy). Both share the common feature of opposing the normal interplay of choice-of-law rules and rely on Art. 3, para. 1 of the 1804 Civil Code. Preventing by pre-emption infringements of utilitas publica vel communis or reacting to them by eviction from the normally applicable law, these two types of norms have emerged from a common history beginning with the antecedents of prohibitive and territorial statutes identified by medieval romano-canonical commentators. Then members of the Dutch and French Schools adapted the two concepts to the prevailing hypothesis at the end of the Ancien Régime, that of conflicts of sovereignties. In 1804, lois de police and ordre public were collected in the French Civil Code. Thanks to the joint work of scholars and case law, on the one hand, and to a reaction to the hybrid notion of lois d’ordre public that emerged over the next century, on the other hand, the distinction between the two concepts was made possible at the turn of the 19th and 20th centuries. As conflict of sovereignties declined, leading to a loss of interest in public law, or even in criminal law, and as a more private-law-driven representation arose, without ignoring, however, growing state interventionism, the distinction has been confirmed between the two concepts: lois de police or d’application immédiate, promoting the utilitas communis, and exception d’ordre public, defending fundamental values
Hallier, Cécile. "La connexité en droit international privé." Nice, 2003. http://www.theses.fr/2003NICE0033.
Full textThe question : The related actions, protean concept, concerns both the form and the substance of law. The effects at the stage of the execution of the judgements reveal the interest of the notion: the existence of a risk of contradictory decisions questioning the international legal security. Handled in a indirect way in the international order through its effects, the notion does not offer a solution corresponding to its nature. From then on, it was necessary to envisage the method under a new angle: the function of guarantee at the same moment within the legal operations and in the good administration of the justice. This entails taking into account the coherence from the arising of the dispute to integrate it into the method of resolution of the private international law and restore its effectiveness. On the theoretical plan, the interest of a direct treatment of the notion of related actions allows to notice not only its compatibility with the objectives of harmonisation and co-ordination of the private international law but also the positive action which it can exercise in this domain
Rongeat-Oudin, Federica. "L'efficacité internationale des sûretés mobilières et l'unification du droit privé." Paris 11, 1999. http://www.theses.fr/1999PA111010.
Full textLu, Shenghui. "Contrats internationaux en droit international privé chinois : comparaison avec le droit international privé français." Paris 2, 2001. http://www.theses.fr/2001PA020037.
Full textVauthier, Catherine. "Contribution à l'analyse théorique et pratique des garanties internationales." Nancy 2, 2004. http://www.theses.fr/2004NAN20011.
Full textMehdi-Ayoub, Pfaff Françoise. "La répudiation en droit international privé français." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30008.
Full textIn some confessional laws, the marriage could be dissolved unilaterally and discretionarily by the husband. However, this cannot be done in France since the principle of laicity and the French judicial courts monopoly in this matter. Moreover, the french law doesn't foresee this dissolution's mode and the possible applicable of foreign law will be turned down in the name of public order. But if repudiation was pronounced in a foreign country, it will be able to produce some effects in France at the condition of satisfying the international regularity control of the foreign judgements. The conditions of this control relating to the competence of the foreign authority and to the applied law are easily satisfied. But, those related to the fraud absence and the repudiation conformity to the public order play an important role in the acceptance refusal of this institution. The unequal marital character of this institution goes against the equality european principle between spouses formulated in article 5 of the protocol n° 7 of the European convention of human rights integrated by jurisprudence within the international public order
Bourdelois, Béatrice. "Le mariage polygamique en droit international privé français." Paris 2, 1991. http://www.theses.fr/1991PA020114.
Full textGouëzel, Antoine. "La subsidiarité en droit privé." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020062.
Full textSubsidiarity of unjustified enrichment claims, subsidiarity of the lex fori, subsidiary pleadings, subsidiary obligation of the members of companies with unlimited liability, etc. : subsidiarity is recurrent in private law. However, its mechanism is not clearly understood. Subsidiarity creates order in law. It is a coordination technique of rival elements, which makes access to the subsidiary element subject to the default of the first element. As long as the first element can produce its effect, the subsidiary element is blocked. The purpose of subsidiarity is to create a hierarchy between those elements: it states the primacy of the first element, seen with favor, on the subsidiary element, which is considered a backup. This mechanism is useful in contract law. An obligation is subsidiary when it is subject to the default of another obligation; it matches the pattern of a conditional obligation. Normal payment is expected from the debtor of the primary obligation; the intervention of the subsidiary debtor is seen as pathological. In order to sue the subsidiary debtor, the creditor must prove that the primary obligation is in default. The former can invoke all the exceptions which prove that this event, which can be defined in a variety of ways, has not occurred. The concept of subsidiary obligations is important in legal operations involving three persons, and encourages to reconsider our understanding of solidary obligations
Bost, Emmanuelle. "La location financière en droit international privé : étude comparative de la Convention d'Ottawa du 28 mai 1988 sur le crédit-bail international (droit français et droit américain)." Paris 1, 2003. http://www.theses.fr/2003PA010311.
Full textEl-Husseini, Begdache Roula. "Le droit international privé français et la répudiation islamique." Paris 2, 1999. http://www.theses.fr/1999PA020026.
Full textThe admission of islamic repudiation (talaq) by french private international law has known many ups and downs in half a century and given rise to numerous court decisions. Because of the presence in france of a very important muslim community of immigrants from the maghreb, french courts had to deal with innumerable cases of dissolution of marriage through the free and unilateral will of the husband. Hence it is interesting to get acquainted with this institution which arises from classic islamic law and has been integrated into the positive law of countries which admit it. This study attempts to analyse talaq in those legislations, its reasons, structure, adaptations and limitations, and to show that it is an act both semi-public and semi-private. The study, on the basis of recent doctrinal works in the field of "conflict of authorities" tries to qualify repudiation which ipso facto means determining the applicable system. After reviewing court decisions and especially those requiring that the act of repudiation should be in accordance with article 5 of protocole n0 7 of the european convention on human rights relating to the equality between spouses at the dissolution of marriage, an alternative method of admission is submitted. Based on belgian doctrine and case-law, this method separates the principle of talaq from its effects by subjecting them to different systems according to their respective natures. Therefore, the principle of talaq is subject to a specific flexible system which allows an admission of the principle of marriage dissolution while the pecuniary and personnal effects could be rejected if they appear to be shocking ; this enables the french judge to provide the divorced wife with the guarantees which french law would have granted her
Poulain, Bruno. "La garantie internationale au service du crédit aérien : contribution à l'étude et à l'élaboration de nouvelles règles internationales." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40021.
Full textCocteau-Senn, Delphine. "Dépecage et coordination dans le réglement des conflits de lois." Paris 1, 2001. http://www.theses.fr/2001PA010287.
Full textLachance, Martine. "Le contrat de transaction : étude de droit privé comparé -France-Québec- et de droit international privé." Paris 2, 2004. http://www.theses.fr/2004PA020097.
Full textPerreau-Saussine, Louis. "L'immeuble et les méthodes du droit international privé." Paris 2, 2004. http://www.theses.fr/2004PA020049.
Full textLuciani, Anne-Marie. "Les droits de la personnalité : du droit interne au droit international privé." Paris 1, 1996. http://www.theses.fr/1996PA010315.
Full textThe personality rights are the rights give every individual the exclusive rights to use certains traits which alow him or her to affirm his or her identity in relations to others. This includes, in particular, the right to carry a name, an image and a voice, as well as the respect of privacy and the rights of autorship. . . International privacy law specify not the rights as stated but the relationship between rights. The practice of personnality rights involves two types of legal relationships : those where the individual opposes the use of his personality and those in wich he consents. The legal relationship wich do not have a material object must be localized at their source. The source of the legal relationship wich results from the exercice of personality rights rests in the act of infrigement when the individual opposes the use of his personality and in the express act when he consents. The duality of legal relationship must therefor correspons to the duality of the attachements
Henry, Elisa. "Les sûretés mobilières en droit international privé, étude critique du droit français à la lumière du droit comparé et du droit uniforme." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64280.pdf.
Full textFerry, Claude. "La validité des contrats en droit international privé : France - U.S.A." Montpellier 1, 1988. http://www.theses.fr/1988MON10018.
Full textAbout thirty years ago, a so-called crisis of the conflict of laws appeared. This concept expresses, on one hand, the apparition of "rattaching rules of material character" and of material rules of international private law, on the other hand, the development of a new method of conflict, called "functionnalism" by the american scholars, which is revealed in France by the multiplication of "lois de police" and by the taking into account of foreign "lois de police" in a way not related to the rattaching rules. The hereby thesis is aimed at studying, from a comparative and historical point of view, the phenomenon of the crisis of the conflict of laws in the litigation relating to problems of law applicable raising in contracts validity issues. The comparison of french law with american international private law shows that, although prima facie very different, the two systems of laws provide for similar solutions
Haddad, Yona. "L'égalité entre l'homme et la femme et le droit international privé." Paris 2, 1999. http://www.theses.fr/1999PA020078.
Full textGoré, Marie. "L' administration des successions en droit international privé français." Paris 2, 1990. http://www.theses.fr/1990PA020002.
Full textFrom a comparative point of view, estate administration, whether in common law or in civil law, has a common aim: the unity of the "patrimoine" (the estate), the caracteristic of which is the netting out of the assets and liabilities. It appears that the rule of conflict of laws - in its classical structure - is the only method susceptible of preserving the integrity of the estate. Therefore, the principle like the means of respecting the integrity of the estate is revealed by the study of the law governing estate adminis- tration (first part) and the execution of estate administration (second part). In fact, more generally, it appears necessary to recognize in private international law a special category peculiar to estates with its own law, the "law of the estate", governing the netting out of all the liabilities and all of the assets, as a whole, regard less of where the individual assets and liabilities may be found
Viganotti, Momot Elisa. "La filiation en droit international privé français et italien." Paris 2, 2000. http://www.theses.fr/2000PA020037.
Full textMeier-Oehlke, Alice. "La nationalité comme critère de rattachement en droit international privé français et allemand." Paris 10, 2001. http://www.theses.fr/2001PA100150.
Full textThe Private International law of personal status has evolved a lot. In addition to its quantitative augmentation, the qualitative diversity of the immigrants has modified its data as they are to a majority nationals of countries dependent coming under law systems totally different from the german and french law systems. There is then truly a situation of conflict of laws. In this context the present study had as an objective to evaluate and appreciate the connection in matters of personal status to nationality. For this purpose an extensive research of german and french positive law was imperative. This study has conducted to the ineluctable statement of a breach of the nationality principe by an unquestionable dimunition of its theoretical and practical field of application in both countries, even though the breach seems to be more important in France than in Germany. From an absolute principle, it has developed to a shared principle as the hypotheses where the domicile law has vocation to be applied multiply. Consequently the question of the adequate connection in matters of personal status arises again : is it necessary to maintain the connection to nationality or does it have to be substituted by connection to domicile? The present study has made every effort to answer this question. Going by the postulate that the national law was after all qualified to bring an adequate answer to the conflict of laws in matters of personal status, the concern was to examine attentively all the arguments in its favour. In addition to the classical merits in favour of nationality, the sociological and political approaches have sufficed to convince of the adequation of nationality, the sociological and poitical approaches have sufficed to convince of the adequation of nationality, the sociological and political approaches have sufficed to convince of the adequation of nationality as a connecting factor in matters of personal status. Finally, if it appears that in a particular circumstance the national law is obviously no longer the law presenting the tightest bonds with the situation, it is suitable to take the ineffectiveness of this nationality into consideration and to substitute it by the competingly adequate this nationality into consideration and to substitute it by the competingly adequate connection. When thus reaffirming the connection by principle to the nationality and clearly connection. When thus reaffirming the connection by principle to the nationality anbd clearly delimiting the possibilities of derogation to it, it becomes possible to envisage a reconstruction of the system in order to increase its coherence and its predictability
Karam, Marie-Line. "Le rôle de la volonté en droit extrapatrimonial et patrimonial de la famille : Etude du droit international privé français et du droit des pays multiconfessionnels." Paris 2, 2007. http://www.theses.fr/2007PA020018.
Full textFongaro, Éric. "La loi applicable à la preuve en droit international privé." Toulouse 1, 2002. http://www.theses.fr/2002TOU10012.
Full textThe present works, based on a well defined method, set up rules of conflicts of law about evidence in international private law. Each solution is presented in comparison with works of other authors, decisions of French Supreme Court, and international texts, such as Rome agreement
Safiyeh, Ghiass. "Les modalités d'application de la loi étrangère en droit international privé français." Nice, 1993. http://www.theses.fr/1993NICE0009.
Full textCadet, Fabien. "Les transformations méthodologiques de l'ordre public en droit international de la famille : étude comparée France/Espagne." Toulouse 1, 2001. http://www.theses.fr/2001TOU10088.
Full textOver the past twenty years ,courts of law have had to decide issues of international family law that can properly be described as a "clash between civilizations". Where litigation has an international dimension, two contradictory requirements fall to be reconciled : respect both for the foreign law involved and for the fundamental rights or national legislative policies contained in the "lex fori", under the protection of rules of exception (public policy, mandatory law and fraudulent evasion of applicable law). Case law has had to amend traditional rules of exception by resorting to objectivized criteria for bringing them into play. The present thesis compares the provisions of French and Spanish law, and attempts to identify and analyse the specific nature of such criteria, in particular with respect to a more traditional approach based on subjective rules of exception. Applying objectivized criteria meets two conditions : it introduces a hierarchic dimension into rules of exception and it justifies defining a much more proximate type of public policy
Zaher, Khalid. "Conflit de civilisations et droit international privé." Paris 1, 2007. http://www.theses.fr/2007PA010269.
Full textDahan, Frédérique. "La floating charge dans les rapports internationaux de droit privé : essai sur la reconnaissance d'une institution étrangère." Paris 1, 1995. http://www.theses.fr/1995PA010266.
Full textThe floating charge is an english law security based on contract on the debtor's whole property, until the crystallisation. The purpose of this thesis is to explain the mecanism of the security and the possibility it could have to be recognised in france by courts. The first part is the qualification in french civil law: it is a conditional property interest on an entity called entreprise. In the second part, the conflict of laws is solved: the lex rei sitae is the law of the place where are located the object of the security, i. E. The French law. That law has to be adapted to let the floating charge have effects. Transpostion will be in the "nantissement de fonds de commerce" without application of strict conditions of creation. In conclusion, we believe he floating charge could be recognised and have effect in France
Khallouki, Mustapha. "Droit musulman et jurisprudence française : la réception du droit musulman par les tribunaux français." Perpignan, 2009. http://www.theses.fr/2009PERP0950.
Full textFrance shares a very long story with the Muslim countries, in particular trough the episode of the colonization but especially through the wave of immigration which began in 1970. So The Muslim community had not only, to adapt to the French society characterized by the customs, the laic and citizens values; but also with laws in particular, and to the institutions generally. Therefore, the integration of the Muslims in France requires a particular approach in the right of persons and in that of the family, both reflecting directly the Islamic civilization and its right, inspired of religion However, it becomes more and more difficult to apply (or to set up) the muslim2 personal status in France because judges do not want a religious right which does not respect the irrefragable principle of Human Rights This thesis aims at demonstrating, in support of numerous stops(rulings) of the French case law of D. I. P, the difficulty
Dumontet, David. "La considération de la famille dans le droit international privé français d'aujourd'hui." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40031.
Full textMarcou, Charlotte. "Le renvoi conventionnel à la loi : étude de droit interne et de droit international privé." Toulouse 1, 2009. http://www.theses.fr/2009TOU10020.
Full textThis essay highlights the conventionnal law reference in domestic and private international law. Although the latter frequently appears in conventions, not a single legal concept has been worked out to enable understanding. And yet, the advantage of said mechanism exceeds contractual practice, as it leads to the renewal of the fundamental question between the relationship of willingness and normative pressures. Indeed, if the insertion of a reference clause in law can be motivated by different intentions, it mainly allows the parties to interfere on the normal reports of law and contracts. The contracting parties, by referencing law will as well choose the law of their contract by incorporating provisions in their agreement or by including their contract in its juridiction
Akhdi, Si Mohamed. "Le divorce en droit international privé : approche juridique entre le système français et le nouveau code marocain de la famille." Nantes, 2015. http://www.theses.fr/2015NANT4011.
Full textJiang, Lin. "Insolvabilité internationale : étude comparative du droit chinois, du droit français et des instruments internationaux." Paris 2, 2010. http://www.theses.fr/2010PA020100.
Full textLegrand, Véronique. "Le contrôle de la Cour de Cassation en droit international privé." Rouen, 1998. http://www.theses.fr/1998ROUEL297.
Full textIn a first part, we have pin-pointed not only the unsuitability of the distinction between fact and law in private international law, but also the inadequacy of the trench Court of Cassation's control. Indeed, this supreme court may have to face three problems. On the one hand, conflicts' rules are really specific and, it's difficult to determine the way we can make sure the first judges have applied them. On the other hand, the status of foreign law is paradoxical. And finaly, the whole question is overwhelmed by the fact that the concrete appreciation of the link between a case and a foreign country cannot be checked by the suprem court. Consequently, in order to develop the control of the Court of Cassation, we scrutinised the solutions adopted by foreign countries. That step was useful but not deciding. Nonetheless, we were made to isolated the notion of "manifest mistake" we can recognise in main fields of publics law. Off course, we have demonstrated how and why it was the solution to give more power to the French Court of Cassation in private internalinal law
Krokhalev, Sergey. "L'ordre public en droit international privé comparé français et russe." Paris 12, 2005. https://athena.u-pec.fr/primo-explore/search?query=any,exact,990002456480204611&vid=upec.
Full textWe are before the study of the public policy in the international private law. This research is based on the comparative and critical analysis of the french and russian law. The author, during his study, shows the theoretical aspects of the concept of the public policy. We meet the attentive and deep analysis of the public policy's elements – its function, contents, sources, mechanism, and the consequences of its application. The candidate proposes a critical analysis of the judicial practice, shows an important field of the public policy'spossible application in the sphere of the international civil procedure : on the stage of the execution of the rogatory letters, of the requests for the signification or notification, on the stage of the exequatur of the foreign judgements and of the acts of the public authorities. Finally the author tries to retrace the future prospects of the public policy
Billarant, Serge. "Le caractère substantiel de la réglementation française des successions internationales : (réflexions sur la méthode conflictuelle)." Paris 1, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098880.
Full textMoille, Celine. "L’influence du droit international privé sur le droit interne français." Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Full textFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed
Mélin, François. "La connaissance de la loi étrangère par les juges du fond : recherches sur l'infériorité de la loi étrangère dans le procès civil." Reims, 2000. http://www.theses.fr/2000REIMD005.
Full textCorneloup, Sabine. "La publicité des situations juridiques en droit interne et en droit international privé : comparaisons franco-allemandes." Paris 1, 2000. http://www.theses.fr/2000PA010267.
Full textMarotte, Julien. "L'incompatibilité des décisions de justice en droit judiciaire privé interne, européen et international." Paris 10, 2001. http://www.theses.fr/2001PA100158.
Full textThe multiplicity of appeals to judges, arbitrators or settlements leads to a prolifération of legal decisions, sometimes taken with regard to identical issues. Occasionally, it can happen that some of these decisions resolve differently the issue put before the respective deciding bodies. The incompatibility of legal decisions stems from this disparity of solutions applied to one question. The incompatibility of legal decisions is a general phenomenon which, in the field of private law, goes beyond mere hypotheses of contrary and irreconcilable judgments or diverging case law. There may be inconsistency between French and foreign judgments, but also where there is a settlement, which constitutes a legal decision on the parties' initiative. The consequences of this inconsistency are cause for concern. The incompatibility of decisions, which amounts to a denial of justice. Leaves the individual uncertain of the extent of his personal rights. There is a risk of failure to obey incompatible decisions and even the law itself In addition, this situation appears to be contrary to the legal concept of law and order (Fïrst Section). The reactions which positive law opposes to the inconsistency of legal decisions do not appear to be sufficient in dealing with the threat caused by the incompatibility of decisions. Although there are numerous preventive mechanisms, thev are oftentimes ineffective, due to the fact that, regrettably, they are generally optional. The corrective mechanisms do not always remove the inconsistency, particularly when there is an international dimension. The choice of a decision by virtue of the criterion prior tempere potior jure, the extension of the appeal based on Article 618 of the New Code of Civil Procedure, tends to favor incompatibility (Second Section)
Ouerghi, Jamila. "Le détournement de la loi compétente et le forum shopping en droit international privé de la famille." Paris 8, 2006. http://www.theses.fr/2006PA082871.
Full textRémy-Corlay, Pauline. "Etude critique de la clause d'exception dans les conflits de lois : application en droit des contrats et des délits." Poitiers, 1997. http://www.theses.fr/1997POIT3014.
Full textFerjani, Nabil. "Le juge étatique et les contrats internationaux : essai d'un droit comparé franco-tunisien." Perpignan, 2006. http://www.theses.fr/2006PERP0722.
Full textCoursier, Philippe. "Le conflit de lois en matière de contrat de travail : étude en droit international privé français." Montpellier 1, 1992. http://www.theses.fr/1992MON10019.
Full textThe interest of the doctrine in the conflict of laws, as far as labour contract is concerned, is increased with the multiplication of the problems liked to this conflict. The question is now of biggest importance because of the convention of rome, 19 th of june, 1980, relating to the conflict of laws, as far as contracts are concerned. This text proclaims the freedom of choice for the contracting parties as far as lex contractus is. But the labour contract has also its own rules destinated to protect the worker. The imperative disposals of the usual workplace warrant this protections. Beyond those questions, we find the problem of the application of the laws of immediate application,imperative rules ("lois de police") "substantial" rules of international private law
Kouka, Abdelkerim. "Le contrat de transport maritime de marchandises en France et en Tunisie : théories et pratiques." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020069/document.
Full textIn international transportation of the goods by sea, the contract of transport of goods is the act concluded between the charger and the carrier. But, conjunctively, it does not include only these operators. The beneficiary is contracting party of right because he is, in fact, the beneficiary of the contract of transport. From certain moment, it is him who is the commander of the goods and who commands (orders) the execution of the contract. In case of damage, he has to ask for reparation to the carrier. However, to avoid any eventual condemnation, the author of the damage can, to exempt, appeal to one of the excepted perils. But, these cases remain widely debatable both at the level of their number and their consistence. The solution is of reducing at most the number because the briefer is the list of the excepted perils, the more the responsibility is in full objectivism. This solution can be made effective by the adoption of a system of responsibility retaining only the gravest causes of exemption only, which cannot be imputed to the shipping company and which make logically it a rule to know the coincidence and the major forces, the state of the goods, the fact of the charger and\or the addresser and the fact of someone else (third party). However, to be able to ask for repair of damage it is necessary at first to avoid it is enough for the plaintiff (applicant) to prove the production of the damage and the moment of its emergence. What means that he just has only to prove the damage and that this damage occurred when the goods were under the guarding (nurse) of the carrier between the moment of their apprehension and that of their delivery, in destination, in his (her) legal successor such as described in the document of transport. In summary, he has to prove the reality and the importance of the damage undergone because of the way the shipping company settled its contractual duty, in the first one to satisfy its obligation (bond) fundamental and essential to supply a ship with seaworthiness and to maintain this state until the promised result (profit) is reached (affected). If the promised result (profit) is not reached (affected), he (it) lives, in case of damage, responsible. The seaworthiness is the primary condition for a ship. It would be in the ship that the thought belongs to the man. We could support that a person with disrupted mental capacities or working badly is a subject of risks that can be affected by some dysfunction and can even lose the cap. This person will be, certainly; originally at the origin of several disputes and affairs before courts. In the same way, for a ship, the seaworthiness of which is compromised
Azavant, Marc. "L'ordre public et l'état des personnes." Pau, 2002. http://www.theses.fr/2002PAUU2006.
Full textEnlightened with the reasons which drive the state to see it as essential, the notion of people statuts recovers the coherence that classic analysis deny her. Focussed on its law and order function, the institutional system comes into light. The functions of people statuts are dual. Used as a normative tool, the institution allow the state to shape the legal statuts of people and to spread the rules and values on which is built the democratic order it identifies with. Assigned to a function of identification, the category provides society as well as individuals with structural elements of identity. The one and only aim of the institutional system is to preserve these functions. In national law, inalienability and imprescriptibility are meant to be two constitutional guarantees in the service of the finalities of the category. In international law, all the means used are meant to protect constantly the models and values of national law