Dissertations / Theses on the topic 'Droit uniforme'
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Adouko, Anoh Bernard. "Le droit uniforme africain et le droit international privé." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40051/document.
Full textEither uniform law is seen from the point of view of the private international law or either one assesses the impact of the communal vision of uniform law on the evolution of private international law of member states, the interactions between African uniform law and private international law can all be summed up as follows. A mere unification of laws between some states is not enough to eliminate or solve conflicts of laws and all the difficulties brought about by foreign origin element, such as jurisdiction disputes, foreigners legal status,… The reasons of this situation are that the unification of law (content and procedure rules) has never been total because some indomitable points may prove to be insurmountable at the level of the drafting of uniform rules, but also because the unification of laws can deteriorate further on during its implementation due to various factors. Therefore, the supranational lawmakers have often had to back up the uniform content rules with the uniform rules of private international laws. This leads, in the African uniform law to the emergence of a private international law with a communal origin. The private international law deriving from African uniform law will also be specific in its conception, its methods, its tools or instrument, even if to some extent, it shows some classicism. This is because the private international law deriving from the African uniform law has been fathered by a law which is specific in itself because it stands between international and home law, between public and private law. Its advent has upset the basics of the international home law of member states but also the basics of the private international law itself. However, this private international law which is still in its gestation period still has some weaknesses in its instruments and rules and must necessarily lean on that of member states as it is a vital necessity
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 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.
Pitton, Marie-Camille. "Le rôle du jugement étranger dans l'interprétation du droit conventionnel uniforme." Paris 1, 2007. http://www.theses.fr/2007PA010292.
Full textDiomandé, Souleymane. "Regards sur les fonctions attribuées au capital social : (Aspects de droit comparé : droit uniforme de l’OHADA et droit français des sociétés)." Caen, 2012. http://www.theses.fr/2012CAEN0099.
Full textTraditionally, the share capital is presented as filling two essential functions in companies : on one hand, a function of distribution of the social rights because it is on the basis of this share capital that are distributed the pecuniary and political rights within the company between the partners and, on the other hand, a function of security of social creditors in the sense that the values brought by the partners and registered on this balance sheet item have to stay in the company until its liquidation. But, this study demonstrates that the post share capital of a company hardly serves as a reference to the distribution of the pecuniary and extra-pecuniary privileges between the partners and that it informs only very imperfectly the creditors about the financial solidity of their cocontracting party today. The orthodox presentation of the functions devolved to the share capital does not report finally any more the complexity of the company. The distribution of the rights between the partners raises henceforth more contractual arrangements which considers less the weight of the respective contribution of every partner than they are the consecration of the balance whom reached strengths of negotiation whereas sources and modalities of financing from the partners diversified and integrating the other balance sheet items. If some of these evolutions were allowed by the spaces of freedom which the company law offered to his users, on the other hand, counts of them are the expression of needs arisen from the practice which were not able to or did not know how to be the object of a specific legal consecration
Tamega, Paly. "L'Acte Uniforme relatif au droit commercial général et le conflit des lois." Thesis, Université Paris-Saclay (ComUE), 2015. http://www.theses.fr/2015SACLV022/document.
Full textThe Treaty for Business Law in Africa Harmonization was signed in Port Louis (Mauritius ) ,October 17, 1993 and entered into force on 18 September 1998. It was amended by the Treaty of Quebec on17 October 2008. This revised treaty entered into force March 21, 2010. The treaty 's main objective is toaddress the legal uncertainty and judicial existing in States parties . To do this , it adopted new Uniform Actsincluding the Uniform Act relating to general commercial law, following the AUDCG which is the subject ofour study. The OHADA Treaty has also established a Joint Court of Justice and Arbitration responsible forthe interpretation and uniform application of those acts .The AUDCG was adopted April 17, 1997 and entered into force on 1 January 1998. It was amendedDecember 15, 2010 and published in the Official Gazette of OHADA , February 15 , 2011. It entered intoforce on 15 May 2011. It is applicable in the same way in all Contracting States. The existence of such a setof rules to reduce the importance of the forum in the resolution of international disputes and reduce the needto resort to conflict rules that generate legal uncertainty. That is why OHADA law so general and especiallyAUDCG does not care or whatever conflict of laws.Yet the conflict of laws remain in OHADA . First, the AUDCG leaves the provisions of national law as longas they are not contrary to it. The AUDCG may also be subject to differing interpretations by national courtswhich are the ordinary courts of harmonized law.Furthermore, the AUDCG is part of an international legislative context involving a wealth of substantiverules subregional such as West Africa 's Economic and Monetary Union (UEMOA) , the EconomicCommunity of States of West Africa (ECOWAS ) , the Economic and Monetary Community of CentralAfrica (CEMAC) and the Economic Community of Central African States and international substantive lawsuch as the CISG , Protocol of 11 April 1980 and the New York Convention of 14 June 1974 relating to thelimitation period in the international sale of goods .This interweaving of law born of conflict. So AUDCG persists in the conflict of laws and conflict ofsupranational norms .This thesis aims to investigate these conflicts as well as the principles of solutions that these should beapplied through the conflict of laws rules , the UNIDROIT Principles of the law of autonomy, arbitration
Ndongo, Céline. "Le nouveau visage de la prévention en droit OHADA." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D004.
Full textOn September 10, 2015, OHADA adopted a new law for companies in difficulty through reform of Uniform Act organizing Bankruptcy Proceedings for the wiping off debts . Indeed, eight years after the first works of amendment, the revised law has finally been adopted at Grand Bassam (Ivory Coast), during the 40th meeting of OHADA's Council of Ministers. The event is not unimportant insofar as the old text clearly showed its inability to safeguard viable enterprises and to liquidate quickly those that were no longer viable. On 24 December of the same year, in accordance with the Community texts, the new law came into force in the entire OHADA's space. One of the striking points of this reform is doubtless the special place granted to the prevention of the difficulties of companies by the legislator. Indeed, since prevention is better than cure, the legislator improved the old procedure, but also introduce a new one named « conciliation ». He has not failed to organize the status of judicial officers who intervene in both preventive and curative matters. Following this reform, two questions can mainly arouse the interest. Firstly, one can wonder what really changed in the legal prevention of the difficulties of the companies in OHADA's space, and secondly, one can wonder right now about the means of improving the reception of this law by his recipients namely debtors, experts and magistrates. The answers to these questions will hopefully facilitate the implementation of this new OHADA preventive policy
De, Dravo-Zinzindohoue Marie-José. "La mise en place d'un droit uniforme du travail dans le cadre de l'OHADA." Reims, 2009. http://www.theses.fr/2009REIMD001.
Full textThe birth of the OHADA (Organization for the Harmonization in Africa of the Corporate law) reflect an awareness of the member states of the stake which represents the globalization, which is translated by the intensification of the exchanges and by the greater opening of the state economies in the international competition. It implies to go out of the archaism and the legal outdatedness by the harmonization of the corporate law around rules sure, stable, foreseeable and known to found a climate of trust favourable with the investments and to facilitate the line of business. Legal order OHADA rests on the legislative and jurisprudential unification: the secreted common right is of immediate application and uniform in all the States, left and a single jurisdiction controls and takes care of its correct and uniform application. Thanks to the celerity of the production process normative, eight (08) uniform acts are in the active of the OHADA, which contributed to improve the environment of the businesses in the countries of space OHADA even if it remains still remote regions when to the method of development, application and control of the uniform right. If one can be satisfied economic assessment, it is advisable to wonder about the slowness which the result of a uniform right knows on the l labour’s law whose project has been initiated for one decade (1999)… Yes, the fact of including the law of labour in the matters of the right of the businesses is well justified, but remains the equation of the method and the institutional framework appropriate to the “sensitivity” of the labour’s law. The reading and the spirit of the text of the preliminary draft do not let show through a social model which would be specific to the OHADA. This document rather seems to fall under the prolongation of the reforms started in the nineties, pennies the crook of the basic financial backers and marked for the ones by the primacy of the interests of the company and for the others by the “die-protection” of the rights of the employees; moreover, the OHADA runs up against kingly competences of the States like certain prerogatives of managements and labor as regards the labour’s law. However the construction of a African social model remains possible apart from the rigid framework of the OHADA. The UEMOA, which pursues the same objectives of harmonization of the legislations by taking for model the European Union which gradually builds a European social right based on the principle of freedom of movement for the workers, could be a new track to be explored: the method adopted by the UEMOA is softer and envisages the creation of consultative institutions, managements and labor could feel implied in the process of standardization of the labour’s law
Saba, Amevi de. "La protection du créancier dans le droit uniforme de recouvrement des créances de l'OHADA." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D036/document.
Full textA creditor who initiates the simplified debt collection procedure established by the OHADA States is exposed to procedural complications that hold on to the risk of ineligibility to the procedure, the risk of prescription of the claim, the risk of abusive dispute, the risk of nullity of injunctive title, the risk of non-execution of the enforceable title, especially in cross-border cases and in litigation affecting legal entities of public law. These risks make the procedure complex, lengthy and costly for corporations and financial institutions. The procedure thus depicted is also inapplicable to craftsmen, traders and micro business that often carry small debts, the consolidation of which, on the scale of the seventeen States of OHADA, can reach billions. These difficulties lead to question oneself how the other States and regional organizations solved the problems now facing the OHADA States. The study explores, for this purpose, the law of some European Parliament and Council’s regulations on the fight against defaults also constitutes a field of investigation because these instruments address the problems that escaped OHADA’s legislator, particularly those relating to the need for diversion, simplifications of procedure and to the free movement of enforceable titles within OHADA. This prospective analysis, coupled with lessons learned from practice, allows to highlight the “Best Practices” and the reforms needed to make of the simplified recovery procedure an effective instrument to fight against delays and defaults to pay in the States OHADA
Alodat, Ghazi. "Le règlement uniforme des litiges relatifs aux noms de domaine sur internet." Nantes, 2007. http://www.theses.fr/2007NANT4010.
Full textDomain name registrations, based on a “first come, first serve” logic, have been subject to “cebersquatters” rushing to register trademarks as domain names. The Uniform Domain name Dispute Resolution Policy (UDRP) is an international procedure aimed at targeting such practices and resolving resulting conflicts. In a UDRP proceeding, the panel will consider factors such as, whether the defendant registrant's domain name is identical or confusingly similar to a trademark in which the complainant has rights; whether the defendant registered rights or legitimate interests in a name; and whether the defendant registered and is using the name in bad faith. Although a variety of arguments are put forward to explain the policy, study show that the policy must simply be reformed
Tshiyombo, Kalonji Louis. "Le droit uniforme OHADA et l'interconnexion des marchés financiers en Afrique Subsaharienne : contribution à la construction d'un droit financier africain de développement." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1046.
Full textEven if the OHADA, through the Uniform Act on the commercial companies and economic interest groups (AUSC), regulates certain aspects of the finance law (Bonds, shares, public offering), it is necessary to recognize that this legal discipline escapes to a large extent the work of harmonization of the OHADA legislator. The logical consequence of this situation is the weak implication of the OHADA unified law in the interconnection of the financial markets of its space, the rule of financial markets being mainly taken care by the CEMAC and the UEMOA. So, given that all the member states of these two organizations are also members of the OHADA and given that this last one has a continental vocation and a specific object, the integration of the business law, it is desirable that the OHADA plays a more dominating role in finance law. The ideal solution is to see the OHADA registering the finance law among the subjects of the domain of the business law and therefore adopt a uniform act on the finance law. Nevertheless, to avoid any overlapping of competence with the other legislators of the zone, the cooperation and the dialogue must be privileged
Nkoum, Eric. "L’approche fonctionnelle et uniforme des sûretés réelles dans l’espace OHADA." Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0069.
Full textAfter two successive reforms of security law in space for the harmonization of business law in Africa, it appears that the security law is quite ineffective. The study of the approach initiated by the community legislature shows a rather complex and confusing security law, hard to read. Some foreign legislatures, facing the same difficulties, have begun to modernize their security law. They have chosen solutions that could inspire the community legislature. To do this, they have adopted some solutions which could inspire the community legislature. Indeed, they have adopted a functional approach to security interests’ law. Legal theory as a whole supports this approach. Moreover, the pragmatic use of security law by the community legislature, during the last reform, can be understood as a call for the simplification of security law. These findings claim for a look to another way of understanding security law. As a result, in view to rationalize, to harmonize, to make more effective security law, it is appropriate and indeed necessary, to reorganize the subject-matter
Afana, Bindouga Michel. "L'égalité des associés dans l'acte uniforme de l'OHADA relatif au droit des sociétés commerciales et du groupement d'intérêt économique." Nantes, 2010. http://www.theses.fr/2010NANT4025.
Full textThis study falls within the framework of a new scope of research, namely the Organization for the Harmonization of Business Law in Africa (OHADA) and is based on a critical and comparative approach. Specifically, it examines the principle of equality of shareholders at the national, community and international levels. The first part of the study dwells on the notion of equality of shareholders which is a guiding principle that seeks to maintain contractual equilibrium in the making and execution of partnership contracts. The principle of equality of shareholders is examined through its bases: partnership contract, homogeneity and equity. Furthermore, it manifests itself through the access and participation of partners in companies, the protection of the principle of equality by the African legislator. A second part is a critical reflection on the principle of equality of shareholders. Furtherance of the principle is incomplete as the African legislator was hasty and did not have a clear understanding of this principle whose application poses serious problems. The attainment of the egalitarian objective is impeded by a gap in the law or by the behaviour of shareholders. These are de facto and ex officio obstacles. There is need to introduce necessary reforms to strengthen the OHADA Business Law, the role of the shareholders and control bodies so as to improve the full application of the principle of equality of shareholders in the Africa uniform business law
Tchamwock, Virginie Magloire. "Du devoir de collaboration dans les contrats : essai d'une théorie juridique : du code civil au droit uniforme africain." Nantes, 2015. http://www.theses.fr/2015NANT4001.
Full textOver the past decades, the notion of contract has continued to transform and diversify, with the consequence that, in addition to classical obligations that are traditionally known in contract, there have been other new forms of contracts, both nominate and innominate, as well as a new obligations on contracting parties. The present thesis taps form this development to explore the duty to collaborate on special contract end determine what role this duty plays in modern contract law. The contractual duty to collaborate, which is backed by the doctrine of solidarity, is a result of the development of concept such as good faith and fair dealing. This duty consists, for every contracting party and at the all stage of the contract, to take into account the interests of the other party by making things easier for him. The duty to collaborate takes into consideration the type of contract to assess, in a more rigorous manner, the co-operative behavior which is expected from the contracting parties at all stages of the contractual process. This research was conducted using a historical and positivist (legal and sociological) methodology supported by documentary data and based on the civil code as well as the African Uniform Law. It demonstrates, on the one hand, that special contracts are, par excellence, the domain of application of the duty of collaborate and, on the other hand, that from this duty, it is possible to develop a general theory on the contractual duty to collaborate. The first part of the thesis examines the duty to collaborate in the formation and execution of special contracts. It also highlights both the meta-legal and legal basis of the duty of collaborate in contracts and notes the existence of this duty in contracts under African customary law. The second part establishes that the duty to collaborate is a component of general theory on contracts in that, in addition to the traditional mode of classifying contracts, it offers a new classification mode base on the notion of interest. Furthermore, the moral purposes of the duty to collaborate contribute towards a more rigorous approach to contracts through the principles if consistency and motivation that were recently introduce in contract law. This test has led to a partial legal theory on the duty to collaborate in contracts, given that this duty only applies in specific contracts and cannot therefore be generalized
Djimasna, N'Doningar. "Réflexions sur l'efficacité des sûretés personnelles dans le droit uniforme issu du traité de l'O. H. A. D. A." Orléans, 2004. http://www.theses.fr/2004ORLE0001.
Full textNikonova, Maria. "L'interprétation du droit uniforme du commerce international en Russie : l'exemple de la Convention de Vienne sur les contrats de vente internationale de marchandises." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0020.
Full textThe international trade operations need legal certainty. The uniform substantive law comes as a response to this need, providing parties with uniform legal basis adapted to international transactions. However, the effectiveness of this response will largely depend on how the uniform law is implemented by domestic courts and arbitral tribunals. The objective of this study is to provide a critical analysis of the practice of interpretation of uniform legal texts in Russia by taking as an example the uniform law of the international sale of goods created by the Vienna Convention of 1980. This analysis reveals that the particular characteristics of the Russian legal and judicial systems have significant implications on the interpretation of uniform substantive law. The integration of international conventions in the Russian legal system is supposed to ensure their implementation by state judges, but it can also create confusion between the rules of uniform law and those of domestic law. This confusion brings Russian judges to interpretation of the uniform law on the basis of their national law, thus threatening the goal of international uniformity in interpretation of the uniform substantive law. Since there is no existing transnational precedent rule, the uniform interpretation of international substantive rules can only be achieved by co-operation and discussion between different national courts and arbitral tribunals [...]
Ngwanza, Achille André. "La "Favor Contractus" dans les Principes Unidroit et l'avant projet d'acte uniforme sur le droit des contrats en OHADA." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111026.
Full textThe UNIDROIT Principles of International Commercial Contracts were drafted with the aimof creating universal rules based on a pragmatic approach, and not in defense of a particularlegal tradition. In the OHADA area, a preliminary draft Uniform Act on contract law wasdrafted using the Unidroit Principles as a model, which took up nearly all of the provisions.Given the cultural neutrality of the UNIDROIT Principles, one may wonder whether thisinstrument was indeed an appropriate source of inspiration for a predominantly civil law area.A proper analysis of this issue implies to scrutinize the philosophy underlying the UnidroitPrinciples. In this regard, and contrary to concepts such as freedom of contract, good faith andfair dealings, due consideration given to usages and fight against unfairness which have aclear axiological orientation, favor contractus provides a good lens for analysis. Focusing onthe protection of the contract, it will be easily understandable whether the UNIDROITPrinciples are an assault to the legal tradition of the majority of OHADA countries. With aview to controlling the variety of risks bearing upon the contract, the Unidroit Principles dealwith the protection of the contract under a temporal perspective, keeping it in existence andensuring its performance. In so doing, they do not make a choice between economicefficiency and contractual fairness, but integrate both. As a result, and despite theimperfection of some of their rules, the UNIDROIT Principles provide a valuable source ofinspiration for the OHADA legislator, who could also benefit from certain improvements tobe drawn from the contract law reform projects in France
Ewane, motto Patrice Christian. "La gouvernance des sociétés commerciales en droit de l'Ohada." Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0065.
Full textIn the space of OHADA, the massive dissemination of the term governance essentially within the context of international cooperation for development. This new imperative of governance in recent years, the debate on building a corporate governance at the heart of all the speeches, reforms, all initiatives in the development of effective business and operation of the 'business. In fact, at that Community environment OHADA (CEMAC and UEMOA), there is the political will is above all economic, law playing only a role of second order implementation plan afterwards. Also, this poses the following problem, namely how to reconcile one hand, the essential objective of legal and judicial security to drain large flows of investment and, secondly, the essential challenge which involved the OHADA in establishing what is today commonly called "good governance" and the rule of law in Africa as a vector of economic performance. Given the ambition of the drafters of the AUSCGIE and, from the perspective of international standards, new requirements of economic development and enterprise sustainability, governance of corporations raises the issue of the legal effectiveness This set of rules. In other words, how to emerge in a space where the state control on economic activities is undermined, effective corporate governance rules within the commercial companies? Extensive program.In practice, given the realities, "Governance in the OHADA member states often means something else entirely. There is no corporate governance in the classic sense, but rather of political influence." Indeed, it is today the OHADA area suffers above all, not the absence of rules, but serious weaknesses persistence and a severe lack in terms of governance and control proper application of rules of law, particularly vis-à-vis the company. Given this situation, one is tempted to say that the rules and principles of corporate governance remains somewhat limited and has not yet yielded the expected fruits. Is a corporate governance in OHADA an illusion? The objective fact is obviously not. So the prism of current economic challenges and face new challenges and expectations of Member States, would only be possible convergence of the axes of realism that under the law of the OHADA, which must reconcile both imperative Economic (investment required) and legal and judicial security of economic activities (search for legal certainty).Keywords: OHADA (Organization for the Harmonization of Business Law in Africa), Law, Governance, Enterprise, Uniform Act
Thera, Fatoma. "L'application et la réforme de l'acte uniforme de l'OHADA organisant les procédures collectives d'apurement du passif." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/out/theses/2010_out_thera_f.pdf.
Full textThe application and the reform of the Act of OHADA uniform procedures organizing collective liability of clearance the ohada Uniform Act organizing collective procedures for settlement of liabilities occupies a central place in business law and harmonized set by Member States of the organization. The procedures of preventive settlement, bankruptcy and liquidation of assets imposed by the community text aim at the safeguard of the company and the payment of creditors. However, the critical approach to their implementation and the rules, techniques and solutions to establish how they are equipped, reveal the existence of sluggishness, gaps and shortcomings that make them unable to achieve fully the goals assigned to them. It then becomes necessary in light of these findings to propose a deep reform of the text. This approach focuses on preserving the company with such activity and results materially by strengthening prevention and rehabilitation of bankruptcy proceedings and liquidation of assets. These levers which associate the freedom of the contractor and the intervention of the court ensure a balance between the purposes selected. Also, it appears very clearly that the work of construction of the law firms in difficulty from the OHADA brilliantly initiated by the legislator must be pursued
Betoe, Bi Evie Olivia. "Pour une promotion de la liberté contractuelle en droit OHADA des sociétés." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1007.
Full textThe Uniform Act on Commercial Companies is a special case. Indeed, the principle of legal certainty is recognized through the article 2, which makes the provisions of the Uniform Act as many public policy provisions. However, the lack of legal definition of such a concept is likely to cause some difficulties due to its nature of legal standard, except considering that public policy should rather be viewed as a law implementation technique. Though, it is clear this is a concept that helps to fulfill the requirement of legal certainty pursued by the OHADA legislator in the Uniform Act on Commercial Companies, ensuring thereby its economic attractiveness.In this regard, addressing the issue of contractual freedom in the Uniform Act on Commercial companies necessarily leads to highlight the paradox that results from the positive understanding that one can have of public order through the article 2 in view of the purposes persued by the OHADA legislator. Because, in attempting to meet the requirement of legal certainty and the requirement of economic attractiveness, it is the guarantee of the exercise of contractual freedom which is ensured by ricochet. In the end, this leads us to consider how the public policy as enacted ensures the protection of contractual freedom, so that public policy and contractual freedom become notions either to oppose, but to reconcile
Raspail, Hélène. "Le conflit entre droit interne et obligations internationales de l’Etat." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020096/document.
Full textAt first sight, international obligations define real actions of States. Domestic law seems, from certain points of view, unable to affect them. However, the mere enactment of national legal acts, understood by international law as immediate realizations of individual situations, may be amount to a breach of these international obligations. Without any enforcement, an international wrongful act will be exposed. Nevertheless, some domestic norms will still be very abstract from an international point of view. Their creation and maintenance in force can’t be seen an international failure rather a risk. Thus, our task will be to find some other kind of State’s obligations, that relates specifically to a given state of general domestic law. An international wrongful act will be then constituted by the very existence of a national norm, if its state is not the one required by international law. Still, the question of State responsibility for such actions, which don’t cause any concrete injury, has to be answered. The more abstract domestic law is, the furthest responsibility will be from a restorative dimension. Responsibility will only be aimed at protecting the international rule of law for the future. Finally, this leads us to the question of the implementation of this responsibility, since classic international litigation law can prevent a claim against domestic law as a wrongful act. This challenge is easily overcome as long as an individual legal act is at stake. On the contrary, a claim against the fact of a general norm is, on different levels, far more difficult to present before international courts. Today however, some international tribunals go beyond this frame, urging States to adapt their domestic law, following the new exigencies of international law
Diop, Falilou. "Uniformisation du droit de la propriété intellectuelle et conflits de lois dans l'OAPI." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3046.
Full textThe idea that the uniformization of intellectual property law eliminates the problem of conflict of laws seems to be deeply rooted in the opinion of observers who have taken an interest in OAPI law. At least, the studies that relate to intellectual property in this space do not specifically address the issue of conflict of laws. When they mention it occasionally, they essentially limit themselves to asserting that the uniform law eliminates the problem of conflicts of laws. This common observation nevertheless deserved to be verified. The first part of this thesis is devoted to such a verification. This verification was carried out by means of a comparison between the effects of the uniform intellectual property law and the causes of the problem of conflicts of laws. The results of this confrontation show the persistence of the problem of conflicts of laws within the OAPI area, even if uniform law does not fail to influence its configuration. The second part of the thesis is devoted to the search for solutions adapted to the configuration of the problem within the OAPI area. This search for solutions considers the objectives of the uniformization of intellectual property law, the international commitments of the member states as well as the specific interests that the identification of the applicable law seeks to serve. It leads, on the one hand, to the proposal of positive solutions concerning the jurisdictional coordination necessary for a uniform realization of intellectual property rights; on the other hand, to the development of rules intended to identify the law applicable to different aspects of intellectual property
Deshayes, Olivier. "L'amélioration de l'application et de l'interprétation uniformes des conventions internationales relatives au contrat de transport : le cas de la faute qualifiée." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR034.
Full textThe purpose of international conventions of uniform international trade law is to adopt a set of rules that are common and directly applicable to the legal relationship between the parties to an international commercial contract. The uniformity of these conventions can, however, be broken by divergent interpretations of which some of their provisions are the subject of the various national judges. This is particularly the case of the provisions relating to misconduct described in the international conventions of uniform law relating to the contract of carriage. In order to reduce differences of interpretation in this area, it has been proposed to change the wording of this qualified fault which, after having been formulated by means of a standard, has thus been made by means of a definition. This thesis was at first interested in the study of the results obtained in terms of uniformity of interpretation of this qualified fault under the influence of the standard, then under that of the definition. This made it possible to highlight the fact that beyond the drafting of the qualified fault by means of a standard or a definition, the divergences of interpretation appeared or could appear because of various disruptive elements which have been identified and for which a first level of proposals for solutions has been made. However, these proposals for solutions, which generally consist in adopting an interpretation taking into account the various disruptive elements of uniformity of interpretation that have been identified, must be implemented through mechanisms that are necessary to create. This is what this thesis proposed in a second step. The purpose of these mechanisms is to issue interpretative recommendations on conventional provisions that are the subject of at least potentially divergent interpretations. These recommendations are addressed to the courts of the States Parties to the conventions concerned and enjoy a sui generis status which justifies them being taken into account by the judge.If it is the misconduct described in the international agreements of uniform law relating to the contract of carriage which served as support and guideline for this study, the proposed elements of solution are however intended to apply, according to the same scheme, in other fields than transport law, governed by international conventions of uniform international trade law
Mikponhoue, Hervis Igor Cariol. "L’ordre juridique communautaire ‘’ohada’’ et les enjeux d’integration du droit des affaires." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0007/document.
Full textFollowing their accession to independence in the 1960s, the countries of Francophone Africa were equipped with a system of private law closely derived from that of the former colonial power. During about two decades, these States have separately evolved their legislation in accordance with the expression of national sovereignty even if the desire to unify law in Africa was marked by sub regional attempts little successful. Today, the Organization for the Harmonization of Business Law in Africa (OHADA), created 1993 since in Port Louis works for business law harmonization in Africa. With the adoption of its various uniform acts, it has managed to harmonize or standardize at community level the essential areas of business law, including business law, corporation law and reliability law. In its perspective of integration, it is also considering consolidation sites in order to expand its community in other States which still reluctant to a loss of sovereignty for the benefit of an instance of integration and harmonization of business law. Let us remember that this OHADA integration perspective still raises huge questions regarding the purpose of the Organization's objectives, which fits more in a perspective of standardization over harmonization as its name would suggest; added to this sensitive issue of offenses criminalization in Business Law in Africa. Also, other important points and various issues related to African integration, which do not portent a glorious future for the Organization
Toure, Lalla Aicha Oumoul Makhtoum. "L'entrepreneuriat en droit OHADA : analyse comparative à la lumière du système français." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0044.
Full textThis thesis addresses the problem of the abundance of activities in the informal economy in Africa that escape the control and regulation of the state. The objective is to participate through a legal debate of a continental dimension, to the analysis of the role of the entrepreneur in economic development. In the context of changing business law, it is particularly important to focus on the role of the entrepreneur as an economic actor. We propose a comparative approach in the light of French law to encourage business creation in the states of West Africa. With this in mind the OHADA legislator intervenes with a view to putting in place a simplified regulation allowing individuals to get into the business world, without subjecting themselves to severe constraints of legality. The integration of Entrepreneurship by the bill of revision of the Uniform Act on Company Law and Economic Interest Grouping of January 31, 2014, the Uniform Act on General Commercial Law of December 15, 2010, the Uniform Act relative to the law of cooperative companies of December 15, 2010, constitutes a fundamental lever.New regulations are now issued to professionals who were not governed by commercial law. This major innovation reflects this desire to involve all citizens in economic development. The purpose of the present study is to analyze the advantages and the disadvantages of this ease of management offered by OHADA law entrepreneurship through an overview of the uniform acts concerning the creation of a company. Finally, we discuss the relevance of this approach by comparing it with the very advanced French model of entrepreneurship. Through the importance given to micro credit, the diversification of financing methods, the formal sector, but also and above all to the change of status. The entrepreneur in OHADA law has enormous similarities with the status of auto-entrepreneur resulting from an innovation of French legislation by the law of modernization of August 4, 2008. Moreover, transitions can be envisaged, through the creation of commercial company.France offers a wide range of transitional modes ranging from the self-employed entrepreneur, the sole proprietorship, the one-man limited liability company to the creation of commercial company. It will also be necessary to emphasize the superficial nature of certain aspects of the entrepreneur's legal status. The scope of the rules governing this status is often limited because the legislator leaves it to the Member States to decide on certain points. This is undoubtedly what is at the origin of this lack of reconciliation of national logic with community dynamism. The concept of enterprising then raises many uncertainties, a synthesis of solutions could favor the maintenance of this status. The formalization of the informal economy is today a complex phenomenon, but essential to deal with the weak growth of African economies. Self-entrepreneurship is generally considered in France as a source of income supplement, while in Africa it is an important part of the subsistence economy
Meunier, Hugo. "Les normes internationales qui prescrivent l'existence ou l'inexistence d'une règle interne." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020089/document.
Full textThis thesis establishes a general theory of international norms which prescribe the validity or the invalidity of an internal rule. This research, the first of its sort to be undertaken in international legal doctrine, follows two principal lines of enquiry. Firstly, it demonstrates that the concept of international norms which prescribe the validity or the invalidity of an internal rule provide a basis on which to describe a fundamental part of positive international law, usually presented by mean of well-know others concepts as the principle of primacy or superiority of the international law, and the conflict or contradiction between international law and internal law. Secondly, this thesis draws on more than 250 legal instruments and 750 judgments, relating principally to business law, environmental law, human-rights law, criminal law, labour law and European Union law, to illustrate the existence of a coherent regime governing all international norms prescribing the validity or the invalidity of an internal rule
Diakhate, Serigne. "La lutte contre la délinquance économique et financière dans l'Union Economique et Monétaire Ouest Africaine (UEMOA) et dans l'Organisation pour l'Harmonisation du Droit des Affaires en Afrique (OHADA) : état des lieux et perspectives." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D007/document.
Full textEconomic and financial criminality, constituted by all illegal activities, which can be committed individually, in companies or organized groups, has different methods of action than those of violation of common law. Most often, they are committed by clever means (trickery), fraudulent (false for example), by the exploitation of trade secrets or confidential data (insider trading), requiring knowledge and know-How of the business world, or even financial engineering against individuals, companies, the State or international organizations. Most often, their finality is the search for easy gain. therefore dirty or black money is the fruit of illegal or criminal activities. This money is at the center of economic and financial crime. It is the driving force behind it. This is one of the reasons why the fight against this form of crime must have as main objective the seizure of assets of criminal origin. In this sense, we have made in these study proposals for reform in the penal codes and criminal proceeding of the States belonging to the WAEMU-OHADA sphere and to include disposal enabling effective seizure. This issue of seizure of assets of illicit origin shows how difficult it is to fight this form of delinquency. Because today, the action of States taken individually to fight this scourge, has lost its effectiveness. Therefore, the treatment of this delinquency should necessarily involve a harmonization of the criminal business law of the OHADA and a standardization of the economic and financial criminal law of WAEMU. However, this battle at Community level is not without some difficulty, to the extent of that the member states of these two organizations do not wish to abandon the power to draw up criminal sanctions against Community incriminations applicable in their territory to the benefit of the community institutions. From where the necessity to take account of the need to harmonize criminal law rules penalties against community law violations. on the one hand and the imperative of respect for State sovereignty on the other, even if these two imperatives are difficult to reconcile. At all events, in order to make efficient the fight against this criminal phenomenon, the current plan of action must evolve towards new and more appropriate instruments. Thus, are typologies of measures relating to criminal law in form and substance proposed at both national and regional level. Indeed, a fight envisaged at a single level is in advance tied to failure. It is thus necessary to establish real judicial cooperation in the WAEMU-OHADA area for an effective fight against economic and financial crime in this area
Kounde, Dédji. "Les actes uniformes de l'OHADA et la croissance économique des états d'Afrique de la zone franc." Perpignan, 2005. http://www.theses.fr/2005PERP0640.
Full textThe uniform acts, new business law applicable in sixteen (16) Africa States, enter into force progressly from 1998. They are to serve economic growth in the States members of the Organization of Business Law in Africa. This study help to discover theoreticaly and praticatily their real power to satisfy the purpose. Are the innovations in OHADA law able to improve economics in Africa? Many elements as africa's tradition, corruption, mondialization, OHADA as an example of regional integration have be taken into account in analysis. Economic indicators before and after enter in force of OHADA business law are disponible. Comparating them show us a result. But it is important to not forget that other parameters intervene in economic growth. At last, we know from now on that if the economic growth in the period after application of OHADA law is better or no than in the previous period
Badawy, Ingy. "L'arbitre international et les règles matérielles uniformes." Paris 1, 2001. http://www.theses.fr/2001PA010289.
Full textBohoussou, Kouakou Stéphane. "Réflexion critique sur l’efficacité des sûretés réelles en droit OHADA : proposition en vue d’une reforme du droit OHADA des sûretés réelles." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0133/document.
Full textThe real security interests law/secured transactions has gone through crucial changes following a series of several reforms which has affected it. If the subject matter has undoubtedly been modernized, it is obvious that the real security interests law/secured transactions is still lacking of general consistency which is linked simultaneously to the large numbers of proposal on security interests and to the insufficiency of federative rules which come to govern the whole. Actually, the problem poses the question to know if it is possible and conceivable to put forward a base of more sophisticated general rules, or even a general law, and according to what methods? The interrogation underlines the efficacy of ohada real securities law in regard to the inadequacy between the objectives of the African legislator and the means used by him to achieve them. In other words, it is admitted to question on the way of a reinforcement of the actual real securities law in sight of a greatest efficacy. In regard to the international experiences, the answer of these questioning is found, in our opinion, in a reform more ambitious of the ohada real securities law which is going to lead to the adoption of a functional approach as it was observed in States with the same juridical culture of ours. In concrete terms, it is important to give back, through this functional conception of securities interest, coherence, and simplicity, in sum, efficacy to ohada real securities law likewise to bring it closer to the population and to the socio-economic realities of ohada member States while revealing the international economic stakes
Ferrani, Yacine. "Sur l'estimation non paramétrique de la densité et du mode dans les modèles de données incomplètes et associées." Thesis, Littoral, 2014. http://www.theses.fr/2014DUNK0370/document.
Full textThis thesis deals with the study of asymptotic properties of e kernel (Parzen-Rosenblatt) density estimate under associated and censored model. In this setting, we first recall with details the existing results, studied in both i.i.d. and strong mixing condition (α-mixing) cases. Under mild standard conditions, it is established that the strong uniform almost sure convergence rate, is optimal. In the part dedicated to the results of this thesis, two main and original stated results are presented : the first result concerns the strong uniform consistency rate of the studied estimator under association hypothesis. The main tool having permitted to achieve the optimal speed, is the adaptation of the Theorem due to Doukhan and Neumann (2007), in studying the term of fluctuations (random part) of the gap between the considered estimator and the studied parameter (density). As an application, the almost sure convergence of the kernel mode estimator is established. The stated results have been accepted for publication in Communications in Statistics-Theory & Methods ; The second result establishes the asymptotic normality of the estimator studied under the same model and then, constitute an extension to the censored case, the result stated by Roussas (2000). This result is submitted for publication
Smeets, Sybille. "Nouveaux uniformes et Etat social actif: vers une recomposition du champ de la sécurité en Belgique ?" Doctoral thesis, Universite Libre de Bruxelles, 2006. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210805.
Full textL’apparition des nouveaux uniformes de la sécurité publique trouve en effet son origine, au début des années 90, dans l’articulation établie entre la préoccupation pour la sécurité du citoyen et la politique de l’emploi. La première se concrétise principalement grâce à la création des contrats de sécurité en 1992. Conclus entre le pouvoir fédéral (principalement le ministère de l'Intérieur), les Régions bruxelloise et wallonne et un nombre de plus en plus important de villes et communes, ces contrats sont conçus au départ autour de deux volets, « préventif » et policier, et présentent trois caractéristiques :le partenariat, l’insertion locale et la prévention intégrée. Le lien entre politique de sécurité et politique de l’emploi se fait tout particulièrement au sein du Plan global pour l’emploi, la compétitivité et la sécurité sociale (1993) qui prône l’amélioration de l’« employabilité » des chômeurs et le développement d’« emplois de proximité » liés à l’amélioration de la qualité de la vie. Ces nouveaux emplois vont rapidement être reliés au thème de la sécurité du citoyen, notamment grâce à une extension des contrats sécurité. La volonté de faire de la sécurité un « gisement » d’emplois ne se dément pas dans les années qui suivent, lesquelles voient se multiplier les statuts d’insertion professionnelle, en particulier en ce qui concerne les intervenants civils « en uniforme ». Ces acteurs se situent donc à la croisée de deux domaines au départ distincts – ceux de l’emploi et de la sécurité publique – dont la rencontre nous semble déjà soulever un certains nombres d’enjeux.
Mais l’émergence des nouveaux uniformes s’inscrit également dans une évolution de la fonction de police en Belgique, surtout au niveau local. Depuis vingt ans, on constate en effet un élargissement des missions de police qui se manifeste à la fois par la multiplication de tâches dues à la diversification des demandes et des attentes à l’égard de l’institution policière et dans le souhait exprimé, depuis quelques années, de développer au sein des polices locales des programmes de police de proximité. Cet élargissement va avoir pour conséquence, entre autres, un transfert vers d’autres intervenants de tâches qui ne sont plus jugées indispensables au « vrai » travail policier. Parmi ces intervenants, on trouve les nouveaux uniformes. C’est donc à la fois de cette rencontre entre emploi et sécurité publique, ainsi que des évolutions respectives de la fonction de police et de la fonction policière, que nous allons traiter ici par l’entremise des nouveaux uniformes.
Notre hypothèse générale est que les nouveaux uniformes de la sécurité publique constituent un phénomène emblématique d’une transformation de l’action de l’Etat dans les deux champs qui les concernent directement, à savoir ceux de la sécurité publique et de l’emploi, transformation dont l’Etat social actif représente l’épigone.
Doctorat en criminologie
info:eu-repo/semantics/nonPublished
Palgo, Diane Horélie. "L'harmonisation du droit pharmaceutique en Afrique de l’Ouest : le cas de l’UEMOA." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF010/document.
Full textHealth protection, the setting up of health security highly depend on an organization of the pharmaceutical market by the establishment of a common pharmaceutical market. In West Africa, particularly within WAEMU, the absence of such of market eases the rise in illicit drug market and impedes a free movement of health products between States. Yet, economic development involves an effective and secured health system. WAEMU’s member States awareness is emerging gradually, hence the necessity to join forces for better health protection ; therefore the long-awaited legal integration can be done through several means ; harmonization, unification, standardization. Harmonization is the means of legal integration that WAEMU has chosen to set up more effective and elaborate standards. Reconciliation through the harmonization of pharmaceutical regulations therefore becomes a key objective, with a view to setting up health security within the community zone. Yet, this harmonization, to achieve its objective of improving pharmaceutical systems, implies an elaborate legal framework. A process of harmonization is therefore set up and materialized by the adoption of several community legal instruments : guidances ; regulations, decisions. However, it should be noted that WAEMU is not the only sub-regional organization that has objective the pharmaceutical right harmonization. Other regional and sub-regional organizations such as ECOWAS, AU, of which WAEMU States are member, target also a reconciliation by the harmonization of the pharmaceutical area. In addition to the operating difficulties, at internal and community level, there are some external impediments related to the belonging of WAEMU States to those both organizations. Those obstacles will jeopardize the effectiveness of the harmonization process. Consequently, it is necessary to reconsider the choice of reconciliation legal instruments, even if that means venturing into a mixed reconciliation of pharmaceutical regulations through a combination of two means of legal integrations : harmonization and unification
Mushagalusa, Ntakobajira Justin. "L'amélioration de la situation des créanciers chirographaires en cas de faillite ou liquidation des biens : une mission impossible ? Etude de la question au regard du droit belge et des actes uniformes de l'OHADA." Université catholique de Louvain, 2006. http://edoc.bib.ucl.ac.be:81/ETD-db/collection/available/BelnUcetd-09182006-222253/.
Full textFerrani, Yacine. "Sur l'estimation non paramétrique de la densité et du mode dans les modèles de données incomplètes et associées." Electronic Thesis or Diss., Littoral, 2014. http://www.theses.fr/2014DUNK0370.
Full textThis thesis deals with the study of asymptotic properties of e kernel (Parzen-Rosenblatt) density estimate under associated and censored model. In this setting, we first recall with details the existing results, studied in both i.i.d. and strong mixing condition (α-mixing) cases. Under mild standard conditions, it is established that the strong uniform almost sure convergence rate, is optimal. In the part dedicated to the results of this thesis, two main and original stated results are presented : the first result concerns the strong uniform consistency rate of the studied estimator under association hypothesis. The main tool having permitted to achieve the optimal speed, is the adaptation of the Theorem due to Doukhan and Neumann (2007), in studying the term of fluctuations (random part) of the gap between the considered estimator and the studied parameter (density). As an application, the almost sure convergence of the kernel mode estimator is established. The stated results have been accepted for publication in Communications in Statistics-Theory & Methods ; The second result establishes the asymptotic normality of the estimator studied under the same model and then, constitute an extension to the censored case, the result stated by Roussas (2000). This result is submitted for publication
Onanga, Opissina Vianney. "Problématiques de l'application de la TVA dans la zone O.H.A.D.A." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1028.
Full textThe value-added tax or VAT is by nature a tax that contains a large base deductible from all sells including those with a systematic deductible right upon the paid-tax. The VAT is paid at each level of the production chain to make sure it does not constitute a burden upon consumption. As such, it guarantees tax neutrality. This way of paying the VAT is yet questioned in regard to the context of OHADA member States because the current applied VAT system within these member States showcases numerous problems and costly obstacles for the economic operators mainly because numerous ways are being used to treating and dealing with operators. This, in part, generates numerous economical distortions and tax issues in total contradiction with the very idea of a Common Market. The VAT harmonization, happens thus to be one of the inevitable taxation strategies needed to improve the current VAT system, iron out any obstacle, and any risk out of an increasing fraud. Yet, face to the resistance of respective member States not to give away parts of their fiscale responsibilities to community institutions that have the expertise in VAT-related matters, this regional integration tool remains in a stagnation stage within the OHADA member States, which could potentially jeopardize the institutionalization of a mutual and regional VAT presented as the last step toward the harmonization process. What is required then is the willingness from the OHADA respective member States to boost the VAT harmonization process
Felder, Daniel. "Etude comparée de certaines divergences entre les droits de change des pays anglo-nord-américains et des pays ayant adopté la loi uniforme de Genève eu égard au projet de convention de la CNUDCI sur les lettres de change internationales." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65915.
Full textObeng-Kofi, Anthony. "Le cadre juridique du financement de projet dans l'espace OHADA." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1005.
Full textConsidered both as a financing and development instrument, the technique of project finance is more and more used in the Organization for the Harmonization of Business Law in Africa (OHBLA) members states. However, because of the complexity of its legal framework, consequence of the heterogeneity of sources and rules that are apply to it, its implementation remains difficult. To solve this problem, an integration of the above mentioned framework, in particular, through the unification of sources and rules, as well as the improvement of the mechanisms of its implementation looks necessary. In that regard, the OHBLA Treaty could be usefully mobilized. Indeed, Project finance falls clearly in its sphere of competences and could therefore complete the eight Uniform Acts that are already enforce in that area of Africa
Yougoné, Franck. "Arbitrage commercial international et développement : étude du cas des États de l’OHADA et du Mercosur." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40028/document.
Full textOHADA and Mercosur are two regional organizations that were created to enhance the integration and promote judicial and legal certainty for international traders. In other words, their goal is to help the economic development of member countries. From the operation of these two organizations, arbitration was favored as a means of resolving disputes in international trade. From there, it became possible to establish a link between the concept and the development of international commercial arbitration. Almost twenty years after the creation of OHADA and Mercosur, this study aims to assess the relationship between arbitration and development. This assessment is based on the observation of the influence of arbitration on the integration process and the contribution of this technique towards the improvement of judicial and legal certainty in international affairs
Helou, Antoine. "Les Incoterms de la Chambre de commerce international et les termes de vente du Code de commerce uniforme (UCC-A2) : étude et analyse." Mémoire, 2006. http://www.archipel.uqam.ca/2114/1/M9166.pdf.
Full textPerret, Stéphane. "Localisation, reconstruction et mosaïque appliquées aux peintures sur cylindres généralisés à axe droit en vision monoculaire." Phd thesis, 1997. http://tel.archives-ouvertes.fr/tel-00004961.
Full text"L'amélioration de la situation des créanciers chirographaires en cas de faillite ou liquidation des biens : une mission impossible ? Etude de la question au regard du droit belge et des actes uniformes de l'OHADA." Université catholique de Louvain, 2006. http://edoc.bib.ucl.ac.be:81/ETD-db/collection/available/BelnUcetd-09182006-222253/.
Full textLanthier, Suzie. "Les sûretés sur les valeurs mobilières : le mouvement d'uniformisation d'origine américaine est-il transposable universellement ? : vers une approche québécoise à la question." Thèse, 2009. http://hdl.handle.net/1866/3770.
Full textNew technologies changed financial markets. Where securities were represented by certificates, now often, they are dematerialised and held indirectly in order to facilitate and expedite trades. However, this situation caused new problems since the legislation was inadequate to regulate the indirect holding system. The american Uniform Commercial Code enacted a new and unique legislation in order to respond to the legal uncertainty. Following the Americans, an international effort rised in order to harmonise legislation pertaining to the transfers and security interests on securities and other investment properties, namely, the Hague Conference, UNIDROIT and the Uniform Law Conference of Canada, just to name a few. Accordingly, Quebec adopted the Act respecting the transfer of securities and the establishment of security entitlements, in order to respond to the actual discrepancies. However, does the Act integrate itself harmoniously within the civil law tradition? May the private citizen grant a hypothec on securities? Where are situated uncertificated or indirectly held securities? We will attempt to answer these questions in two parts; firstly, we will study the evolution and particulars of the transfers and security interests on securities and other investment properties. Secondly, we will study the Quebec Act in respect with other legislations and with the civil law rules.
Béland, Marie-France. "La lettre de crédit commerciale : facilité de crédit désuète ou incomprise ?" Thèse, 2009. http://hdl.handle.net/1866/6123.
Full textMore than seventy-five years after the creation of the Uniform Customs and Practice for Documentary Credits by the International Chamber of Commerce, can we talk about a true international success of the commercial letter of credit as a reliable and secured instrument of payment? Notwithstanding its triple functions and the formalistic application of its principles of non-assignability, of strict compliance and of dual autonomy, which have answered the needs resulting from the evolution of international commerce, it seems unrealistic to talk about such success. But why? Confronted with the national regulations as well as nationalist and protectionist practices of the states which have nevertheless ratified the Uniform Customs and Practice for Documentary Credits, the malleability of those rules seems to have been misrepresented of the principal attributes of the commercial letter of credit. ln that respect, we can ask ourselves if the commercial letter of credit is an outdated or misunderstood credit facility? The present thesis is the fruit of many reflections on the problems linked with the application and the interpretation of the commercial letter of credit as an international instrument of payment and more particularly, on the gaps of the Uniform Customs and Practice for Documentary Credits.