Dissertations / Theses on the topic 'Droits intangibles'
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Figueira, Tonetto Fernanda. "Pour une suprématie du droit international dans la protection de valeurs intangibles de l’humanité." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020031.
Full textBecause of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals
Le, Brun Antoine. "Les décisions créatrices de droits." Electronic Thesis or Diss., Rennes 1, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226610.
Full textThrough a comprehensive study of the case law, legislation and legal literature, this thesis seeks to propose a renewed definition of the notion of decisions creating rights. In doing so, it critically analyses the legal regime applicable to this category of administrative acts. The definitional work has been carried out from both a functional perspective, relating to the revocation regime, and a conceptual perspective, relating to the effects of decisions creating rights. From a functional point of view, it appeared that the scope of the concept under study was broader than the one that is traditionally used. The category of decisions creating rights thus includes the entirety of individual administrative decisions whose withdrawal or repeal cannot be decided on a discretionary basis by the administration. As regards the effects of decisions creating rights, their main characteristic is that they are, in principle, the source of subjective public rights and administrative obligations. The establishment of a protective revocation regime is thus correlated with the potential identification of a right in a conceptual sense. This new conception of decisions creating rights opens the way to a renewed analysis of the rules governing their adoption, enforcement and revocation. Particular attention is thus paid to the guarantees which allow the beneficiary of the decision to peacefully enjoy the subjective rights and advantages of which he or she is the holder. Furthermore, emphasis is also placed on the various mechanisms which govern the execution of the administration’s obligations
Mamouna, Nicaise. "Le noyau intangible des droits de l'homme." Rennes 1, 2001. http://www.theses.fr/2001REN10405.
Full textGagliani, Gabriele. "International Investment Law and the Tangible and Intangible Aspects of Cultural Heritage : Substantive Discipline and Dispute Settlement Interactions." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLN012.
Full textThe relationship between international investment law and cultural heritage has commanded little attention and only recently. Certainly, international investment law has become one of the most prominent branches of international law. Its development has been strictly connected to the soaring growth of bilateral treaties on the promotion and protection of foreign investment and free trade agreements with foreign investment chapters. n turn, the status and place of cultural heritage under international law has grown, significantly progressing from some provisions included in international humanitarian conventions on the protection of heritage during armed conflicts. In light of the few studies existing on the subject of this thesis, which have in general concluded that conflictual and ambiguous relations exist between international investment law and cultural heritage, this thesis proposes to analyze this relation from both the substantive and dispute settlement standpoints. The idea that the relation between foreign investment and cultural heritage, regulated in different ways and ‘intensities’ by international law, could be positive was a general premise for all the research. Indeed, among investments, foreign investments have a great importance in a moment of economic crisis and difficulty in finding appropriate resources to safeguard heritage. Investments are hence vital for culture. The researches and analyses carried out for the thesis have shown that investment treaties often contain a number of provisions concerning culture and cultural heritage. With regard to international disputes, investment disputes have involved or touched upon different cultural forms and expressions: from UNESCO sites to cultural industries, to lieux de mémoire and indigenous communities’ heritage. Further, quite surprisingly, the international rules protecting foreign investors have sometimes been invoked, or resorted to, by subjects that had invested specifically in cultural ‘resources’ or to protect economic activities based on indigenous communities’ culture. The studies and researches carried out for this thesis have made it possible to reach and demonstrate a number of conclusions. First, the researches carried out have demonstrated that foreign investments are necessary to protect, safeguard, preserve and promote any form of cultural expression, and a strong interaction exists between the international regulation of foreign investments and cultural heritage. It has thus been shown that there exists a symbiotic relationship between international investment law and cultural heritage. Second, it has been possible to prove that, within international culture and cultural heritage law, there exists a ‘legitimate space’ for international investment law. Symmetrically, international investment arbitration can represent a valid cultural dispute settlement mechanism. Lastly, it is possible to assert that merging international rules on foreign investments and international rules on culture or cultural heritage can lead to create, or support the existence of, a more transparent, legitimate and rule-of-law-based system. In the light of all these considerations, the research, analysis and reflection carried out for the thesis has demonstrated how positive the relation between international investment law and cultural heritage can be fro states and the society. This, without denying any potentially negative effect. One might hope that the results obtained allow to adapt any practice in the field of culture. The protection of cultural heritage can indeed be strongly enhanced through the regulation of foreign investment
Yambissi, Claude Désiré. "La légalité de crise en droit public français." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3037.
Full textLegality is a principle that appears as a cornerstone of the rule of law. The term "principle of legality" has long been used to assert that the administration must respect the rules of law. But, in the event of a major crisis, legality can be mitigated. It is tolerated a legality of crisis. The state needs other legal tools than ordinary ones. Exceptional powers are conferred on certain authorities or recognized to certain persons by legal devices of a very different nature. This theory of exceptional circumstances aims to ensure the continuity of the state. It is based on the controversial "necessity is law" saying that in extreme cases, certain acts that would be illegal in normal times are justified. State of necessity and self-defense of the state are the main justifications for the use of crisis powers. In positive law, crisis regimes are heterogeneous and redundant. The persistence of the terrorist threat accentuates the accumulation of anti-terrorist laws and measures. The heterogeneity of the French crisis regimes raises the question of the unification of the main states of crisis by rewriting their constitutional framework. The control of the state of emergency is tempered by important prerogatives recognized by the executive. This can be a risk for guaranteeing the exercise of fundamental freedoms, especially when the exception becomes permanent or when common law is contaminated by the derogatory right
Schlosser, Ralph. "Le contrat de savoir-faire étude de droit suisse /." Lausanne : Université de Lausanne, Faculté de droit, 1996. http://catalog.hathitrust.org/api/volumes/oclc/214938193.html.
Full textMéchin, Elodie. "Le droit patrimonial à la vie privée." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30070.
Full textIn addition to the generally accepted non-patrimonial dimension or privacy, attributes have a patrimonial dimension. The right to privacy is now deemed to constitute intangible property largely exploited by its holder. Moreover, this commercial exploitation has opened the way for the existence of a second right pertaining to privacy, a right of a patrimonial nature which supplements non-patrimonial rights. However, this right is not upheld by case law, despite the fact that the courts are developing patrimonial personality rights under French law. Yet it is essential for positive law to protect privacy through a new regime which takes account of its dual nature. The copyright regime could very well be applied to privacy. As well as being closely linked to personality, privacy has a form which is perceptible to the senses. It is a creation of the individual himself. Everyone shapes his private life as he sees fit and makes it an original work. Thus, the monopoly of the author over his work appears to be a potential "patrimonial right to privacy."
Jaoul, Mélanie. "La notion de fruits : étude de droit privé." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10021/document.
Full textThe concept of fruits suffers from a lack of modernity. Present in many articles of the Civil Code, the concept of fruits plays a central role in concept. That said it seems confined to supporting roles in practice. This paradox has been made possible because the concept has no relevant definition, nor efficient criteria for qualification. This work puts forward all structural defects that affect the notion into that definition and that regime. These failures are the result of a construction by sedimentation of the concept that has never been a comprehensive refurbishment. Before submitting a case, we try to propose a modernization of the concept of fruits and its classes. For this purpose, we have served the notion of his "slag" related to an agrarian design. By focusing on the good fruiting, terms of birth fruits and destination legal autonomy, we have tried to highlight it as a transitional concept, whose existence is "time very limited". Once the draft of a revival of the fruit's concept completed, it seemed essential to the usefulness of such an approach. Indeed, if the transaction qualifying leads the implementation of the scheme, the disinterest of practice for diet fruit often leads to evade the qualification of fruit. The proposed notion of fruit freed from its connection to the land, renewing the usefulness of the concept and particularly against the intangible. This, the concept of fruits enters fully into the twenty-First century to be used in the qualification process intangibles. The concept of fruits takes on its full meaning: the fruit is generated intangible property since the notion of funds of article 583 of the Civil Code should not be understood only as the “land base”, or that the fruit is itself an intangible asset. This meeting of the right of property and intangible assets then allows us to offer lines of thinking in terms of regime: next special rights, civil law, and in particular the laws governing fruit can then be used to adjust disputes relating to methods of birth and ownership of intangible assets
Lebon, Geoffroy. "Le droit "exclusif" de l'organisateur sportif." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0527.
Full textThe sports organiser has, in France, a singular legal prerogative that grants him a sovereign control over the marketing of its sports events. Organized initially around a de facto monopoly, this reservation of the sporting spectacle is now fully laid down in article L. 333-1 of the sport code. However, due to the assignment of a laconic legal regime, the legal reception of the patrimonialization of the sporting fact leaves perplexing and imposes, in order to seize perfectly its meaning, to have to determine its nature. Not being satisfied either with the doctrinal qualification of sui generis law, or with the doctrinal qualification of neighboring rights legislation, the right of the sports organiser must be then regarded as a new right of intangible property. Indeed, the subjectivation of the sporting spectacle is intended to be the culmination of the transposition of the general concept of property right to the issue of the appropriation of sporting competition. In other words, article L. 333-1 of the sport code establishes an original ownership right which, beyond the incorporation of its object, directly bases its regime on what is at the heart of the singularity of competitive sports activity, namely the sporting uncertainty. Thus, beyond the specific provisions of the sport code, the sports organiser’s “exclusive” right must be directly inspired by the residual provisions of the civil code
Khalaf, Husam. "Le droit du patrimoine culturel en Irak : approche locale et internationale." Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10424.
Full textIn the twentieth and twenty-First centuries, the idea of protection of tangible and intangible heritage and cultural properties developed tremendously at both national and international levels. This idea is specially coming out by defining the properties to protect, developing the standards necessary and establishing the institutions mandatory for this purpose.This study focuses on the formation of cultural heritage law in Iraq in a historical perspective by tracing the genesis of concepts related to cultural heritage, evolution of the legislation but also by analyzing the institutions and legal Contemporary rules developed to ensure the protection. In case of Iraq, especially with the recent conflicts, the embargo years and the damage caused to the cultural heritage, the effectiveness of national and international provisions remains questionable.From an analysis of committed violations despite international conventions, determination an implementation of the responsibility for the cultural heritage may be considered. Since 2003, a strategy is established to strengthen the protection, to conserve and valuate this precious heritage with the support of international cooperation. Using all these elements, this thesis suggests recommendations to contribute to further possible developments
Assous, Lionel. "La définition des incorporels en droit fiscal." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020041.
Full textFor a definition of a fixed asset in Taxation Law we must be guided by those criteria that in the first instance enable the identification of an underlying asset and the calculation of the acquisition cost for that asset. The difficulty resides in the fact that the General Taxation Code contains only one provision, article 38 quinquies (fifth section) of Appendix III which stipulates that: “Fixed assets shall be recorded on the balance sheet at their original value”. Although the Code deals with measurability it falls silent on identification. In the absence of a purely fiscal definition, we need to turn to accountancy law. In this regard, it emerges from article 38 quater (fourth section) of Appendix III of the General Taxation Code that "businesses shall comply with the definitions set out by the General Accountancy Plan subject to these not being incompatible with the applicable regulations for the calculation of tax brackets". In this regard, the General Accountancy Plan defines an asset as “an identifiable component of property having a positive value for the entity, i.e. a component generating a resource that the entity controls owing to previous events and from which it anticipates future financial advantage”. This definition is the result of a profound reform of our accountancy practices. In fact, accountancy has been in a state of upheaval since 1st January 2005, when all listed companies within the European Union were required to publish their consolidated accounts in accordance with international accountancy regulations. What is more, and also under the influence of international accountancy regulations, internal accountancy now tends to favour a financial approach to the detriment of a traditionally asset-based approach. The definition of intangible fixed assets fully confirms this trend and for some it heralds the ultimate disappearance of any specifically French accounting and taxation law
Fabre, Marie. "L’usufruit atypique : contribution à la notion de démembrement de la propriété." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020049.
Full textIn the face of the limits of a social model organization based on absolute property rights, the right of usufruct (usufruit), which can be defined as a temporary right of use on another individual’s property, appears nowadays as fundamental tool. Usufruct is also a thriving tool, as evidenced by the growing diversification of its implementations. In this regard, the rise of atypical forms of usufruct – usufruct rights that differ substantially from the traditional form and regime of usufruct – is particularly striking. Quasi-usufruct (also known as irregular usufruct), successive usufruct, temporary, conditional or potential usufruct, as well as usufruct on debts, shares, and intellectual property rights are just examples of this booming phenomenon. They are the subject of this research. More precisely, this research seeks to determine whether such atypical rights of usufruct may be accommodated to the more traditional form of usufruct. In other word, the question is whether a characterization and legal regime common to both traditional and atypical forms of usufruct can be achieved. Therefore, this study aims at resolving past debates over the characterization of usufruct as a breaking-up of property rights and at providing remedies to the well-known insufficiencies in the traditional legal framework of usufruct rights, such as the absence of interpersonal relations between the parties, and more generally, their strict dissociation in the actual exercise of the usufruct right. In this perspective, this research on the atypical forms of usufruct is the occasion to fully rethink this legal institution, and opens the way for its prospective renewal
Peyroux-Sissoko, Marie-Odile. "L'ordre public immatériel en droit public français." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D064.
Full textA key notion in the relationship between the State and individuals, public order implemented by the administrative authorities is normally considered as material. Essential to the balance between maintaining social peace and ensuring respect for individual rights and freedoms, public order is implemented especially where security is involved. Recent legislation (in the broad sense) introducing the state of emergency is a case in point. However, public order is not merely material or restricted to matters of public security, peace or health. Public order, a traditional notion in public law, continues to evolve. From the various different phenomena, it is indeed possible to deduce the existence of an immaterial public order, the emergence and implementation of which are intended to offset the disequilibrium arising from the rule of law. The purpose of immaterial public order, which ensures the protection of objective values around which society is organised, is to restore the balance between the public and the individual. In that sense, it is a functional notion. It is therefore possible to define immaterial public order and build a legal system adapted to it. Immaterial public order, which is powerless to restrict freedoms in private life, expresses itself in the public domain to which it is confined, thereby limiting the risks of State intervention. lt can be seen as a notion in its own right. As a result of this formalisation, immaterial public order can be more readily identified. Above all, formalisation suggests that it could become a permanent feature of the French legal system
Tonetto, Fernanda Figueira. "Pilares para umnovo direito internacional." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185087.
Full textComo resultado da Segunda Guerra Mundial, as instituições internacionais criaram um conjunto de direitos relacionados à essência da condição humana que são tão intuitivos quanto difíceis de sistematizar. Dessa emergência tem origem a estreita relação entre o direito internacional e a tutela de um núcleo intangível de valores da comunidade humana em seu conjunto, engendrados à luz das construções filosóficas e jurídicas do conceito de humanidade até o momento em que a mesma passou a ser protegida pelo direito internacional costumeiro e convencional. Essa proteção deu-se, de um lado, pelo direito internacional penal a partir da edificação do conceito de crime contra a humanidade e de genocídio, de modo a possibilitar a identificação do sentido de graves violações e, de outro lado, pelo direito internacional dos direitos humanos, naquilo em que se ocupou da salvaguarda do indivíduo enquanto ser ao mesmo tempo singular e coletivo, assim como dos direitos essenciais à preservação de sua condição humana. O problema maior que se apresenta diz respeito às difíceis interações do direito internacional com o direito nacional, agravado pela herança deixada pelos paradigmas do direito internacional clássico, o que nos leva a buscar responder à pergunta de como se comportam ou devem se comportar os Estados quando o direito internacional tem por objeto resguardar esse núcleo duro de valores humanos. Na presente tese, buscamos demonstrar que a proteção exercida sobretudo sob a base de proibições aporta ao direito internacional uma posição de supremacia que se liga ao seu caráter de jus cogens, de modo a impor obrigações tanto aos Estados quanto aos indivíduos.
Because of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as they are difficult to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals.
Guimaraes, de Freitas Magali. "Les prix de transfert pratiqués par les entreprises transnationales françaises et brésiliennes de 1994 à 2010 : ‘Cas des droits de la propriété incorporelle’." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2004/document.
Full textTransfer pricing are the prices to which services, the tangible property and intangibles are exchanged between parties with a link dependency in cross-border operations. The transfer pricing of the transactions with the intangible property rights adopted by a group of parties having a bond of dependence have a direct incidence on the benefit declared by each one as of these parts in their respective country. The French and Brazilian legislative measures incorporate the principle Řarms, however implicitly. The question of whether a taxpayer has respected the principle Řarms, however implicitly is a matter of fact to be examined in each case
Alsalmo, Abdallah. "La sauvegarde du patrimoine culturel immatériel en droit international." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40007.
Full textCultural heritage doesn't only include monuments and the collection of objects. /cultural heritage is about more than monuments or the collection of objects. It, also, includes the traditions or the modern inherited expressions from our ancestors and transmitted to our descendants, what we call the intangible cultural heritage. The importance of this heritage doesn't reside so much in the cultural demonstration itself, but in the richness of knowledge, and the know-hows that are transmitted from one generation to another. This transmission of knowledge has social value, economical, cultural and legal relevance for minority groups, as well as for the main social groups, and is also, important for the world. The choice of the techniques used for international protection is linked directly to the objectives pursued by the UNESCO. Beyond the text of the 2003 convention and other international agreements adopted by the UNESCO, it can perhaps be useful to tackle more widely the legal solutions of the intangible cultural heritage. The aim of our study consists of analysing the normative action concerning the intangible cultural heritage in placing the light on the definition of the intangible cultural heritage as well as the international standards important to its protection and also in tackling the question of effectivity and efficiency of the international protection of this heritage. In conclusion, the results for the normative action and effectivity do not escape our analysis. It is, in the end about the possibility of putting in place a plan for the protection of a better future
Bouthier, Corinne. "Le droit comme outil de développement du commerce électronique." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSES049.
Full textE-commerce is considered to be a source of economic growth. If it has developed thanks to the new information and communication technologies, a legal framework is nevertheless needed to promote its growth. Our study will seek, by considering the multiple sources of regulation, mainly European and national, to demonstrate that the latter is oriented along two main axes: ensuring, on the one hand, the freedom of electronic commerce, and, on the other, confidence in this new mode of commerce. We shall establish that the freedom of its exercise cannot be absolute, and that this is indissociable from the interest of the consumer. As soon as a legal framework is absent or inappropriate, the freedom of e-commerce is weakened. Finally, the study will focus on the rules that create the confidence of the participants in e-commerce: their joint confidence in electronic transactions secured within a legal framework; their singular trust, regarding their respective interests, whether it concerns the protection of the intangible assets of the company, or the consent of e-consumers, during their act of purchase as well as in the processing of their personal data
Blanchet, Pierre-Adrien. "La valorisation du patrimoine immatériel des personnes publiques." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020087.
Full textOver the past decade, public entities have become aware of the economic potential of their "intangible assets". Upon analysis, such assets are highly diversified and include both irrelevant and relevant items, which can be described as "intangible public properties". It is critical for public entities to achieve a balance between different constraints when promoting their "intangible assets". They must be able to generate new financial resources from such assets by exploiting them while ensuring its adequate protection. Irrelevant elements usually included in the "intangible assets" are often subject to autonomous legal regimes which, taken altogether, allow public entities to contemplate a balanced valuation. As for intangible public properties, the analysis will focus on the challenges faced while incorporating them into the domain regime - whether public or private - and then on the available options to implement a legal regime capable of ensuring an optimal valuation
Pinto, Hania Vanessa. "Les biens immatériels saisis par le droit des sûretés réelles mobilières conventionnelles." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0066/document.
Full textImmaterial assets are traditionally described either as intangible assets or as intangible or intellectual property, or else as operating assets, but most of those terms are not satisfactory. This class of assets actually suffers from a lack of definition. However, some people state that they represent a form of economic wealth, a fantastic source of credit for the debtors, and a guarantee of safety for the creditors. And yet, French legislation seems to have ignored immaterial assets.This is first and foremost demonstrated by property law. Indeed, according to article 516 of the Code civil, which states that « property is either movable or immovable », one has to admit that immaterial assets cannot validly be linked to movable or immovable property. Immaterial assets are opposed to material assets (property of nature, commodities, intellectual property of the public domain or without protection under intellectual property law). They refer to property that has an object and a corpus. Two types of immaterial assets have been identified: financial immaterial assets, bringing together currencies, units and shares in a company, financial instruments, liabilities and industrial immaterial assets, bringing together business and intellectual property.This is also demonstrated by conventional real-property surety law. The surety law reform project which was awarded to the Grimaldi Commission was the source of significant hope. It had only been rarely amended since the inception of the Code civil and the structure was weakening and needed updating. This weakening had three main grounds : readability first, in particular since conventional real-property surety law on immaterial assets had developed outside of the Code civil, efficiency and capability of the contemplated systems regarding the preservation of the interests of the debtor and the creditor. Practice and doctrine had been denouncing such complexity for long and were calling for amendments. Unfortunately, order n°2006-346 of March 23rd 2006 reforming surety law didn't restore confidence. By creating the lien as the conventional real-property surety on immaterial movable assets without creating a consistent system, it has only emphasized the obvious concerns and critics.However, we are convinced that French law has the means that are essential to save this subject. Indeed, the new system of pledge, as amended by order n° 2006-346 of March 23rd 2006, now has a system that is suitable for industrial immaterial assets. As for the “fiducie-sûreté”, established by Act n° 2007-211 of February 19th 2007, it has revealed that, through the experiences observed abroad, it is fully efficient when it deals with financial immaterial assets
André, Étienne. "Les actifs incorporels de l'entreprise en difficulté." Electronic Thesis or Diss., Lyon, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201150.
Full textThe mutation of the economy has fundamentally transformed wealth by disembodying it. This has led to the increase in intangible wealth within companies and, incidentally, when they experience difficulties. The concept of intangible assets places centers on value and refers to both a legal and economic reality. This approach reveals their exceptional character in a context of default by observing operations related to valuation and transfer. On the one hand, the valuation of intangible assets is defective, revealing the shortcomings of French accounting, which struggles to translate the value of these assets, and more broadly, highlights the limits of the methods used to value these assets in a difficult context. On the other hand, the transfer of intangible assets is made more complex by the methods of sale or guarantees provided. Thus, the exceptional nature of intangible assets makes them difficult to master. However, solutions can be found in law governing companies in financial difficulty. An index for measuring intangible assets can already be based on value and its interaction with business operations. Some intangible assets, such as software or client files, are directly correlated to the company's activity and tend to devalue as the company's difficulties arise. Other intangible assets, such as receivables and social rights, based on elements external to the company, do not automatically lose their value in the event of difficulties. The division of intangible assets can therefore be made between those intangible assets whose value is established based on exploitation, and those whose value is not directly related to it. Consideration of valuation and transfer operations in relation to intangible assets has led to changes in the law governing companies in difficulty. It is essential to take these developments into account. The growing importance of intangible assets within companies in difficulty must not be ignored at the risk of weakening them further and undermining the judicial framework for such companies
André, Étienne. "Les actifs incorporels de l'entreprise en difficulté." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3076.
Full textThe mutation of the economy has fundamentally transformed wealth by disembodying it. This has led to the increase in intangible wealth within companies and, incidentally, when they experience difficulties. The concept of intangible assets places centers on value and refers to both a legal and economic reality. This approach reveals their exceptional character in a context of default by observing operations related to valuation and transfer. On the one hand, the valuation of intangible assets is defective, revealing the shortcomings of French accounting, which struggles to translate the value of these assets, and more broadly, highlights the limits of the methods used to value these assets in a difficult context. On the other hand, the transfer of intangible assets is made more complex by the methods of sale or guarantees provided. Thus, the exceptional nature of intangible assets makes them difficult to master. However, solutions can be found in law governing companies in financial difficulty. An index for measuring intangible assets can already be based on value and its interaction with business operations. Some intangible assets, such as software or client files, are directly correlated to the company's activity and tend to devalue as the company's difficulties arise. Other intangible assets, such as receivables and social rights, based on elements external to the company, do not automatically lose their value in the event of difficulties. The division of intangible assets can therefore be made between those intangible assets whose value is established based on exploitation, and those whose value is not directly related to it. Consideration of valuation and transfer operations in relation to intangible assets has led to changes in the law governing companies in difficulty. It is essential to take these developments into account. The growing importance of intangible assets within companies in difficulty must not be ignored at the risk of weakening them further and undermining the judicial framework for such companies
Huleux, François. "La contribution de la Convention pour la sauvegarde du patrimoine culturel immatériel à la conservation de la biodiversité." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASV028.
Full textThe international community is trying to fight the current pattern of biodiversity erosion. In recent years, local and indigenous communities have been recognized as models in the conservation and sustainable use of biodiversity. Some of them have been recreating, expressing and transmitting knowledge and natural resources management practices for centuries. In 2003, the Convention for the Safeguarding of Intangible Cultural Heritage (hereinafter “ICH Convention”) was adopted in order to preserve this heritage, which is also on the verge of disappearing due to acculturation, globalization, deforestation, etc. Despite the interdependent relationship which characterizes certain elements of intangible cultural heritage (hereinafter “ICH”) with the natural material elements associated to it, the Convention does not guide its Parties towards the recognition and preservation of this unique relationship. More specifically, it does not guide them towards the conservation and sustainable use of the elements of biodiversity that are necessary to the safeguarding of ICH (considered as a network of life). This is why, some might question the capacity of the ICH Convention to safeguard ICH associated with biodiversity? At a time when species and tradition knowledge and practices are going extinct, it is essential to refine the implementation of the Convention by a revision of its Operational Directives responsible for specifying the commitments of the Parties – and which are regularly amended by the Intergovernmental Committee for the Safeguarding of ICH and the General Assemble of State Parties to the Convention – towards a better suited safeguarding of ICH associated with biodiversity. The ecosystem approach developed for the implementation of the Convention on Biological Diversity (hereinafter “CBD”) – whose objectives are the conservation, sustainable use of biodiversity and the fair and equitable sharing of the benefits obtained from the use of natural resources – is the basis for this proposal to revise the Operation Directives of the ICH Convention. This approach allows the sustainable management of ecosystems considered as being networks of life including humans and their biodiversity
Rekik, Sabrine. "Innovation technologique : mesure, valorisation et effets sur les performances financières et opérationnelles des entreprises." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090067.
Full textTechnological innovation is considered as a key element in the knowledge-based economies, where the share of intangible assets continues to grow significantly. The development of innovation is enhanced mainly in the purpose of value creation and the obtaining of a competitive advantage. Nevertheless, innovating is a long process where the lag between the investments in Research and Development (R&D) activities, considered as its input, and the obtaining of a valuable output, often estimated by the patent application, is large. The long character is emphasized by the uncertainty and the riskiness of the process which are at the root of important problems of information asymmetry between investors and the insiders. This dissertation studies the impact of intangible investments on the financial performance of companies in Europe. Therefore, we use a unique database of European patents and suggest a set of qualitative measures to innovation, based on the patents’ attributes. Moreover, this thesis estimates the market value of intangibles as measured by the R&D expenses, the patent applications but also the qualitative attributes. In this framework, we construct a composite quality index of innovation in order to better estimate its private economic value. The increasing lag between financial and book values in the presence of R&D investments leads us to undertake a causal study of innovation on the financial performance of companies. We suggest our composite index as non-financial metric to predict the future earnings and examine the effect of R&D on the growth and volatility of future operating incomes
Kaplangil, Diren. "Les enjeux juridiques de l'Open Data : Les données publiques entre la patrimonialisation et dé-patrimonialisation." Thesis, Université Grenoble Alpes, 2022. http://www.theses.fr/2022GRALD001.
Full textThe Legal Issues of Open Data: Public data between patrimonialisation and de-patrimonialisationSince the first commitment of the French Government in its open data policy, for a decade now, the issue of free circulation of public sector information takes a new dimension. Considered as « open » in the sense of « free of any restrictive rights », public data do not serve only the democratic goal of consolidating the rights of citizens in their relations with the public authorities, but rather provide an essential « information infrastructure » which constitutes the basis of today's emerging "digital" economy. However, this transformation in apprehension of public data inevitably raises the question of their legal status, which is still far from being clarified. Whereas some adjustments brought under the regime of open data make them legally closer to the legal status of « commons », some other monopolistic practices coming from the public institutions (in particular cultural establishments or their concessionaires) in exploiting the content of their information reveal another approach which is quite close to the form of exclusive property rights.Moreover, opening public data does not only raise the question of the legal nature of these information. Indeed, these information are at the heart of the French State's public policy relating to its intangible assets seeking to protect and exploit them in a way which sometimes may enter into conflict with the principles of open data. At the crossroads of public and private law, more specifically intellectual property law, our thesis is therefore focused on the analysis of this conflictual relationship emerged around the process of proactive release of public sector data online
Segaud, Adeline. "Contribution à l'étude de la propriété des créances." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2009.
Full textUnder the effect of repeated use of the concept of ownership of receivables by the legislature and the courts, the urgency of developing a theory of property claims appears. This subject still arouses controversy, reservations, questions and uncertainties. The combination of property and debt is often seen as a heresy. Indeed, the notion of ownership of the claims is generally condemned, not only because the ownership of tangible property is considered the only real property, but also because it seems to fit easily into the traditional distinction between real rights and personal rights. Yet is it not logical to ask whether the repeated use of the phrase "property claims" only a linguistic slippage without real significance, or whether the expression a reality which would have emerged by the vector of language? The doctrinal condemnation of property claims is not she pa on theoretical assumptions? The main goal of this thesis is to decide on the theoretical possibility of the concept of property claims. Can we legally use the term ownership in its technical sense, to designate the relation between the creditor's claim, or whether to stick to the notion of authorship? In truth, this question of the existence of the concept of ownership of receivables is important because it is also referred to the protection of the debt through property rights. Once the adjustment of property rights claims made, these intangible assets will effectively more than slipping into the mold of the property and that feed on the fundamental interest of this notion, the benefit of its certainly very effective protection. Throughout this work, however, one discovers that only the relaxation of the rigor of the classical definition of property reconciled to the consolidation of claims that makes possible the compatibility of both concepts
Woynar, Marion. "Gestion du patrimoine culturel et nouvelle vision du développement : enjeux et défis dans la dynamique historique du Mexique." Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD001.
Full textOver the last two decades, cultural heritage management in relation to development issues has become a challenge for many countries in the world. Conflicts around the issue of cultural heritage are increasing and in Mexico, this increase coincides with the application of NAFTA (North-American Free Trade Agreement with Canada and the United States, 1994). Since then, Mexico has oriented its national policies according to the neoliberal stream which has accelerated the implementation of a model of development that makes emphasis on negotiating everything. These political orientations fostered on the one hand the marketing of cultural heritage, and on the other hand the cultural homogenization slowly ending the rich diversity of models of development and concepts of cultural heritage. The Mexican government opted for a model of development that is, most of the time, in contradiction with cultural policies. In the Mexican Maya area for example, two main concepts of cultural heritage exist. The first system was identified among the Mexican government (as well as among UNESCO’s policies). The second system was identified among indigenous Maya people. The first system is fundamentally drawn from the occidental thought and the second one from the Amerindian thought. Both systems have their respective modalities to transmit cultural heritage. In both cases, modalities of transmission have a significant role and greatly influence the implementation of a specific model of development. In fact, the way cultural heritage is conceived will state the way it will be managed and transmitted and will define the model of development that should be implemented. Looking at the differences that exist between both systems helps to understand the present conflicts related to cultural heritage and development. To overcome the conflicts, the Amerindian system is considered as a feasible alternative for the world’s challenges in terms of development
Steyn, Elizabeth A. "At the Intersection of Tangible and Intangible : Constructing a Framework for the Protection of Indigenous Sacred Sites in the Pursuit of Natural Resource Development Projects." Thèse, 2017. http://hdl.handle.net/1866/19984.
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