Dissertations / Theses on the topic 'Du contrat social'
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Tatin-Gourier, Jean-Jacques. "Le "Contrat social" en question : échos et interprétations du "Contrat social" de 1762 à la Révolution /." Lille : Presses universitaires de Lille, 1989. http://catalogue.bnf.fr/ark:/12148/cb35041330w.
Full textPoitevin, Claire. "L'avant-contrat en droit des contrats d'auteur." Phd thesis, Université d'Avignon, 2011. http://tel.archives-ouvertes.fr/tel-00944059.
Full textZeidenberg, Sacha. "L'intérêt social : étude du particularisme du contrat de société." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40042.
Full textBranco, Juan. "De l'affaire Katanga au contrat social global : un regard sur la Cour pénale internationale." Thesis, Paris, Ecole normale supérieure, 2014. http://www.theses.fr/2014ENSU0004/document.
Full textJune 25, 2014, Germain Katanga became the first person to be convicted and sentenced by the International Criminal Court. As his case continued to be cloaked in silence, this congolese villager from the remote province of Ituri became a figure in the early history of a rising institution. Through a deconstruction of each stage of the proceedings against Katanga for war crimes and crimes against humanity at the ICC, this work attempts to understand how an institution built to prosecute the masterminds and those most responsible for the gravest crimes and atrocities targeted a 24-year-old Okapi hunter who never before heard of “The Hague”.Lasking social control, unable to play the role for which it was designed more than ten years ago, the ICC has systematically blamed the States for its numerous failures. The reality is more complex, and this research reveals that the institution has a structural incapacity to act against the interests of the state order, and a fortiori against the dominants of the order, therefore rendering obsolete any of its cosmopolitan pretentions. Following from a description of the ICC “from the inside”, based on the author's experience at the office of the Prosecutor and at the French Ministry of Foreign Affairs, this work assesses the Court through a Hobbesian lens. Relying on field work in Congo and the Central Africa Republic, more than a hundred interviews and a novel analysis of Hobbes Leviathan this work takes a bottom-up approach, starting from the smallest scale - from what was considered a minor case – and ultimately questioning the institution as a whole
Alibert, Anne-Claire. "Les Cadres quasi-indépendants : : du contrat de travail au contrat d activité dépendante." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2005. http://tel.archives-ouvertes.fr/tel-00663180.
Full textDeplanque, François-Xavier. "Le cumul d'un contrat de travail et d'un mandat social." Montpellier 1, 1995. http://www.theses.fr/1995MON10002.
Full textThe heap of the quality of company leader and the quality of holder of a contract of work with the same company is submitted to various constraints of very different inspiration. The presence of the right of companies, to the breadth it regulation of the social mandate and the presence of the right of the work, by the utilization of the contract of work, does not allow to establish a unique doctrine. Exists equally a report of force in the theory of the heap. The leader and wage-earner notions are opposite. In spite of these difficulties, the jurisprudence has, all time, refused to admit the existence of an incompatibility of principe about the subject. The plug in account of notions of notions as various as varied, as the respect of subordination bond, the distinction of functions, the legal an formal conditions respect of the heap, has brought the judge to elaborate various solutions more theoretical than practice
Rouvillois, Frédéric. "L'idée de progrès à l'aube des Lumières." Paris 2, 1994. http://www.theses.fr/1994PA020006.
Full textThe idea of progress, underlying principle of the occidental modernity, appears in france following the 17th century's mecanist revolution, and following the intellectual (empiricism and rationalism) and religious (new catholicism, deeply optimistic) overthrow which accompanied it. Nevertheless, at the meeting point of these evolutions, the idea of progress seems to be principally linked to a new conception of man's office in the universe, to the rise of an activist spirit and the model of the machine and particularly, the clockwork. It will be formulated on this basis during the ancvients and moderns quarrel therefore, about one century before condorcet's system by authors like fontenelle and perrault; likewise, it will be systematised, in the next generation, in the abbe de saint-pierre's exemplary work. According to them the progress constitutes the proper sense of history: a general movement of improvement which takes place through the time, on a linear, necessary and neverending way: similar to the growth of the individual, child before to become an adult, but especially, to the infaillible and everlasting motion which would caraterize a perfect machine. In the same way, the causes assigned to this progress are no more providence, astral bodies or even the renaissance's "hero", but the enlightened scolar, and above all, the ordinary man, whose efforts add up to those of its predecessors as well as the technical progress originates from the activity of the successive craftmen. Once established the principles of the progress (1 part), it appears necessary to examine how it is applied to the reality (2 part) and the question seems to be dominated, once more, by the central opposition between nature and technic. Indeed, it is only it they reduce them to this model, that the "moderns" may be able to think
Kone, Assata. "Précarité et droit social social ivoirien." Paris 10, 2011. http://www.theses.fr/2011PA100201.
Full textPrecariousness is not a term used in the Ivory Coast’s statutes. Despite Parliament’s ressent, social law scholars are regarding toward such a concept. The feeling is widespread: precariousness should be eliminated. Thus, it is a new challenge for Iovry Coast’s social law. This concept ignored by law’s language must be defined at first. There are two forms of precariousness: precarious employment and precarious work. The first resulted from law’s insufficiency. Social law is said to be a protective law. It is built on the idea of employment’s stability, such as the open-ended contract. But there are numerous non permanent contract - precarious contract, implying insufficient income and insufficient social protection. The second form of precariousness resulted from the context, in particular the batter economy. Fighting back precariousness needs a cure matching the importance of the disease. In labour law workers with precarious contract must be granted some social guarantees. In this prospect, the action should be focused on defining more strictly the conditions to sign precarious contracts and to promote equality between workers with a permanent contract and those with a precarious one. Moreover Ivory Coast’s social law should be extended to the batter economy and social protection should be granted to the whole population
Rouspide-Katchadourian, Marie-Noëlle. "Le juge et le contrat de travail : essai sur la relecture judiciaire d'un contrat." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020018/document.
Full textAccording to article 5 of the French civil code, the judges cannot « decide through the mean of general and statutory rules on the causes they are submitted with ». Article 1134 al.1 of the same civil code provides for the principle of the binding effect of the contract. Yet, the jurisprudence of the labor chamber of the French High Court (Cour de cassation) is normative ; its interference in the labor contract is obvious. Unbalanced, subject to a specific public order, source of conflict of rights and freedoms, the labor contract has certain particularities. These appear to guide the judge’s action. The adaptation of the contract is one of the principle manifestations of the judge’s intervention. It is characterized by the improvement of the agreement of the wills or, on the contrary, by its amputation. Many obligations are added to the contract. If the reasons exposed by the judge vary, actually, article 1134 al.3 and article 1135 of the French civil code justify these additions. This subtraction has different forms. It is the source of a creative power ; such creative power is not always linked to the protection of freedoms and fundamental rights. Besides, the rework leads the judge to the rebuilding and redrafting of the contract. Said contract is rebuilt in accordance with article 1134 al.2 of the French civil code. The willingness of the parties becomes objective ; their real willingness is not necessary complied with. The redrafting of the contract is the result of, in particular, article 1152 of the French civil code. However it can be extended beyond this article. Original and audacious, the judicial way to read the labor contract is linked to the sense of the identity of such labor contract
Arsac-Ribeyrolles, Audrey. "Essai sur la notion d'économie du contrat." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2005. http://tel.archives-ouvertes.fr/tel-00662822.
Full textGuetz, Jean-Marie. "Le processus d'évolution des contrats psychologiques et du sens au travail : le cas d'une entreprise agro-alimentaire." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOE007.
Full textGlobalization and economic crises, as well as the pressures of competition and customer demands, are forcing companies, in order to survive, to initiate changes and revise their promises and payment prospects, sometimes in a brutal way. Organizational boundaries are disintegrating, atypical or triangular relationships are developing, staffs feel weakened, and values are ?. The ambiguity of these situations initiates the processes of sensemaking. Traditional expectations based on trust, stability and fidelity are shaken up. Job security and long-term internal careers are being replaced by the concepts of employability and flexisecurity. Employees try to understand and to detect what is happening in organizations. « Contract makers » then come a long side to explain and to detail changes in the promises and obligations of the psychological contract between the employee and the organization. When this process fails, it is the « contract influencers » such as unions who give meaning, but is not necessarily the one the management expected... Restructuring plans which include downsizing lead to the increasing number of processes of rupture and violation of the psychological contract and down-grading in the social climate. The process of selling the site and, the lack of long-term prospects create uncertainty and anxiety among employees. Transitional psychological contracts with no guarantee conditions emerge and when this situation persists it is likely to generate hostile and deviant behaviors that can lead to distrust psychological contract.This thesis examines the process of forming and developing the psychological contracts through the prism of sensemaking, employees of a food company in Dijon. An analytical framework based on a contextualist quantitative and qualitative mixed method allows us to follow the process of establishing and developing rupture and reconstruction of psychological contracts, as well as to understand how people concerned in the organization construct reality
Leblanc, Martin. "Le contrat social international de John Rawls : des peuples ou des individus." Thèse, Trois-Rivières : Université du Québec à Trois-Rivières, 2003. http://www.uqtr.ca/biblio/notice/resume/17806225R.html.
Full textDuhamel, David. "Les nouvelles théories du contrat social et la théorie du choix rationnel." Paris 1, 2006. http://www.theses.fr/2006PA010048.
Full textLeborgne, Céline. "La gratuité en droit social : essai sur le régime juridique du travail gratuit." Lille 2, 2005. http://www.theses.fr/2005LIL20008.
Full textApproaching the issue of free services in social laws, and more especially the issue of voluntary work, may seem highly paradoxical. Social laws are based on the costly relations of work, thus they seem very unfamiliar to this idea. As a matter of principle, work and wages are commonly tightly linked together. However, socials laws are not unfamiliar to voluntary work. But an ambivalent attitude resulting from a slow evolution definitely needs to be raised : from denying the principle of free services, social laws are now evolving and showing a progressive and partial importance to them. In fact, voluntary work does prove to be a real factor of social relation ship. As a matter of fact, by taking into account voluntary work, social laws result in the change of the free nature of the services as well as the evolution of the judicial system. In fact, the integration of free services into the sphere of social laws sometimes affects noticeably the real scope of the free services originally put forward by the free service provider and the beneficiary. Also, since they also aim at unpaid work these days, social laws carry out a new definition of their exclusively professional function
Rajjou, André. "Du lien social sous le mode de la co-errance dans un environnement post-moderne." Nantes, 2007. http://www.theses.fr/2007NANT3021.
Full textOur reasoning which aims at giving a new shape to social link is twofold. We first had a hypothetico-deductive reasoning. It consisted in listing the characteristics of a new social link in a post-modern society. The second step was derived from professional observations of young people with serious social problems. Wandering off and precarious situations are used as a way to analyse the whole society. To finish we will compare this notion of “co-wandering” with different theories (social psychology, logic, linguistics, psychoanalysis, anthropology). In order to make our reasoning and our hypothesis valid, we conducted semi-directive interviews with ten social workers. Moreover, about fourty people were given questionnaires (youth workers, teachers, trainers). We have created links between their answers and comments and the various chapters of this study. In our conclusion, we tried to spot some unanswered questions about the validity and relevance of our study. Finally we have outlined what could be done to make people become sensitive to co-wandering
Treillard, Aline. "L'appréhension juridique de la nature ordinaire." Thesis, Limoges, 2019. http://www.theses.fr/2019LIMO0032.
Full textThe law in force does not lack principles and instruments to govern activities that may have an impact on the environment. However, the concept of ordinary nature has not been introduced yet. Interest in common species and areas’ without scientifical, aesthetical or historical features has been mainly addressed by neighbouring disciplines such as conservation biology, sociology, geography or even philosophy. In response to this indifference, the thesis proposes to shed light on the legal understanding of the concept of ordinary nature by looking at theconditions of its foundation and implementation that would allow it to be recognized as a new conservation imperative. By questioning environmental law’s fondements, the thesis submits a more ecocentric legal structuring. It presents alternatives to individualistic modalities that structure our legal order. By giving a hint at new socio-ecosystem interdependencies, the legal understanding of ordinary nature also triggers new ideas on the national political organization. Therefore, the issue is twofold. The thesis aims to improve avenues of reform aboutenvironmental law while also ambitioning to establish sustainable environmental requirements at the very heart of the social contract
Yennah, Robert. "Le moi dans les Confessions et le Contrat social de J. -J. Rousseau." Paris 4, 1991. http://www.theses.fr/1991PA040132.
Full textRousseau7s confessions and social contract define the self as a physical or moral person essentially individualised, unique, autonomous, and self-conscious. As man or political body, the self manifests in its social or external3 relations a dynamic character involving the extension of its being over others or a retreat form them; whileits morale and fortune are maked by exaltation or grandeur, by self-effacement or decline. The nature of rousseau's own self is reflected in the structure of the social contract, with a prologue revealing the obsessional innocence of the author, followed by a rise unto a political ideal whose continuation is discarded by the conclusion. Rousseau's works on corsica and poland constitute an evolution, in concret terms, of the idea of the collective self ; while emile and julie contain the part of rousseau's self repressed in the face of constraints in real life
Prieto, Catherine. "La société contractante." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32003.
Full textContrats concluded by societies have specificities owing to societies characteristics. Societies as contracting parties must be investigated especially about the incidence upon formation and fulfilment of contrats. The first party describes the ascending of social interest upon the formation of contrat. This ascending exists through a protection of society : the associaltes' will,is taken in account when the social interest is at stakes. The ascending of social interest is also established through exceptional exemption of prohibilated contracting. The second party describes, on the contrary, the ascending of the fulfilment of contracts upon the social interest. The social events involve dialectics between stability and breachbreaking of contracts, dominated by the own requirements of contracts. Last but not least, mechaninsms of law of society serve the fulfilment of contracts
Raïa, Cédric. "La maladie du salarié cause de rupture du contrat de travail." Paris 13, 1995. http://www.theses.fr/1995PA131025.
Full textAccording to a law issued on july 12th, 1990, the article l. 122-45 of the labour code states the principle that "no employee can be discharged for health reason, unless he is declared unfit for by occupational medicine". This principle does not apply to discharged based on the company disorganization due to absences of the sick employee, but work agreements often limit that discharging possibility. Problems due to the employee physical unfitness are a little different. The law of december 31st 1992 forces the employer, in case of physical unfitness after a suspension period for illness, to propose to the worker an employment compatible with his physical abilities, if necessary by taking measures such as transfer or transformation of the position. Finally, by the effect of january 7th 1981 law, the employees victim of a professional illness have obtained a specific protection of their employment. The legal ban on breaking the work agreement during the period of suspension, concerns unlimited period agreement and limited period agreement, in accordance with special modes for every kind of agreement. At the end of the suspension period, the employee has to reinstate the firm. If he is declared unfitted for the job he had before, the employer must offer him a job adapted to his abilities. Discharge is only admited if it is not possible for the employer to offer him another job, or if the employee refuses the job offered
De, Smet François-Julien. "Le mythe de la souveraineté: dialectique de la légitimité, du Corps au contrat social." Doctoral thesis, Universite Libre de Bruxelles, 2010. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210153.
Full textCe Tiers, au sortir de la théologie médiévale, s’est d’abord incarné dans le concept de Corps ;le corps de l’État dérive en droite ligne du corps du Christ d’abord, de celui de l’Église ensuite, et a offert à l’autorité, alors pensée sur un registre hétéronome, divin et naturel, un écrin la liant à une légitimité et une nécessité naturelles. Le mythe du Corps, pourtant, va petit à petit devenir celui du Père au fur et à mesure de la constitution de l’État, et singulièrement de la monarchie absolue. Le Père campe alors le caractère nécessaire de l’autorité devant être exercée par le créateur sur sa chose créée, mais permet de continuer dans le même temps à faire bénéficier les structures existantes de l’empreinte théologique représentée sur terre par des mandataires héréditaire – les princes. L’institutionnalisation de l’État, et la relative stabilité qui va en découler, va toutefois fournir le cadre apte à permettre à une pensée du sujet d’émerger, faisant naître des concepts qui, tels la multitude et le peuple, posent de plus en plus directement la question de la légitimité par la prise en compte de la volonté de ceux sur lesquels elle s’exerce. C’est ainsi que naîtront les théories du pacte social, qui tentent chacune à leur manière de concevoir un moment méthodologique où l’octroi du pouvoir soit a été cédé dans le passé, soit est toujours exercé par le peuple à chaque instant. Le mythe du contrat, ainsi, est celui par lequel la légitimité de l’autorité est conciliée avec l’origine du pouvoir. Cette liaison est rendue possible par le meurtre du Père, c’est-à-dire la suppression de l’autorité naturelle et nécessaire au profit d’une autorité conventionnelle et contingente. Or, le mythe du contrat est fragile ;il nécessite, pour juguler le flux de contingence qui émerge dès lors que la question de la légitimité se pose, que la question de la nature du pouvoir soit dûment maîtrisée. Cela demande que l’autorité ne prenne pas sa source dans le repli sur le présent permanent, c’est-à-dire sur le peuple, mais sur un critère de représentativité. Cela nécessite surtout un refoulement conscient de la nature et de l’origine de l’autorité vers un sur-moi qui constituera, à l’apogée de la modernité, le cœur abstrait de la notion de souveraineté.
Or cette conception de l’autorité se fissure elle-même sous le poids d’une contingence qui, comme flux permanent, tend par nature à excéder son cadre. A terme, ainsi, l’étiolement de la souveraineté coïncide-t-il avec l’avènement du dogme des droits de l’homme, appelés sur un registre immanent à compenser la perte de sens induite par l’insuffisance de verticalité assumée par la modernité.
Doctorat en Philosophie
info:eu-repo/semantics/nonPublished
Schlumberger, Edmond. "Les contrats préparatoires à l'acquisition de droits sociaux." Paris 1, 2011. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D4428%26nu%3D16.
Full textRhiyourhi, Naïma. "Le contrat de travail et l'inaptitude médicale du salarié." Paris 13, 1995. http://www.theses.fr/1995PA131017.
Full textThe purpose of the study is to analyze the fate of the work contract, once established the identification of the medical incapacity. The law of the 31 12 92 puts an end to the long evolution of case law as regards medical incapacity of common law of the wage-earner and to the situation justly qualified by the authors as "wait and see policy", after the court decision of the 29 11 90. This ruling of the suprem courtof appeal set up the principle as regards: and breach of work contract after a medical incapacity would be qualified of dismissal. In front of this new case law, employers react by an abstention of breaches (of contracts) because so, they would not have to give redundancy payments, which could be very high according to seniority and salaried-employee age (delalande contribution). .
Arain, Ghulam Ali. "Impact of organizational social context on employee's perception of psychological contract breach (PCB) and subsequent performance behaviors." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1072.
Full textThe current study is aimed at investigating the impact of organizational social context on employees' perceptions of PCB and subsequent performance behaviors. We argued that employee's perception of PCB is highly subjective in nature, thus, heavily depends on social cues the employee picks up from the organization's treatment to other coworkers. Based on these arguments, organizational politics and social comparison processes (positive and negative comparisons) were argued as social contextual factors that influence employee's perception of PCB and subsequent performance behaviors. A non-random purposive sample of 322 subordinate-supervisor matching dyads, with 60% response rate, collected from various public & private organizations of Pakistan. The SR model results demonstrated that the negative social contextual factors (organizational politics & negative comparison) had significant positive associations with both transactional and relational PCB. However, the positive social contextual factor (positive comparison) had non-significant effects on both transactional and relational PCB. Both transactional and relational PCB had significant negative effects on employees' extra-role (OCB-I) and in-role behaviors, and the effect size was, slightly, greater for extra-role than in-role behaviors. Perceived importance of broken promises showed significant moderating effects only for the relationship between PCB (transactional & relational) and employees' extra-role behaviors (OCB-I) but not between PCB and in-role behaviors
Vinolo, Stéphane. "La société de méconnaissance : de la différance du lien social." Bordeaux 3, 2009. http://www.theses.fr/2009BOR30011.
Full textModern philosophy has thought the constitution of social systems as a self-organization. Using the three paradigms of the social contract, the crowd and the market, we show that a human self-organized system must be misunderstood by the individuals living in such group. Therefore, the concept of miscognition must be used to think the necessary difference between what people do and what they think they do, as the process of self-organization cannot be revealed. The concept of miscognition must be placed between the real mechanism that creates the group and the representation of this mechanism by the individuals that constituted the group. By understanding the necessity of miscognition, we can deconstruct the whole process of the creation of a human group, and unveil the coexistence and the articulation of two levels of explanation. This deconstruction helps us to understand the composibility in a self-organization, of concepts that philosophy is used to oppose, such as mechanism and intentionality, quality and quantity, individualism and mimetism, passions and rational self-interest. Our whole study affirms that people must trust in one of those concepts in order to let the other one work. We do not have to oppose them but to think them in a single process of differance. Therefore, it is only by a cognitive separation of the individuals that we can create human groups or social systems. So, the creation of a human group is nothing more than the process of differance by which miscognition produces recognition
Petersen, Thomas. "Subjektivität und Politik : Hegels "Grundlinien der Philosophie des Rechts" als Reformulierung des "Contrat social" Rousseaus /." Frankfurt am Main : Hain, 1992. http://catalogue.bnf.fr/ark:/12148/cb366615661.
Full textMedawar, Naji. "Le mandataire social-salarié." Bordeaux 4, 2001. http://www.theses.fr/2001BOR40004.
Full textFontaine, Caroline. "Réorganisation du travail dans le secteur municipal, influences du contrat social et de la convention collective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0007/MQ41901.pdf.
Full textMarsalek, Jan. "De la disparition d'une méthode : l'analyse entre philosophies du contrat social et sociologies classiques. Étude d'épistémologie." Thesis, Besançon, 2015. http://www.theses.fr/2015BESA1012/document.
Full textNo summary available
Mazardo, Sylvie. "La transmission des obligations en droit social." Orléans, 2004. http://www.theses.fr/2004ORLE0005.
Full textVoléry, Ingrid. "Administrer les bien-êtres juvéniles : le contrat éducatif local : l'émergence d'un mode de gouvernement local et social." Toulouse 2, 2005. http://www.theses.fr/2005TOU20056.
Full textThis thesis shows how a local educational policy emerges from composite services which crossed several policies (extracurricular, leisure, socio-family, political action of the city). However, its origin is a rather technical device. Initiated by the State in 1998, the Local Educational Contract must rationalize the animations suggested with public old from 3 to 18 years (CLAE, CLSH), then to coordinate the interventions of the multiple actors taking part in it (School inspectorate, CAF, decentralized services of Youth and Sports, local authorities, associations). At the most, it intends to organize the spaces left by the school and those conquered by the local authorities. However, such a contract does not invite only to articulate again sectoral diaries. It brings into play the capacity of the partners to control the construction of the local educational problems, calling for public undertaking. From this point of view, the analysis of the preliminary territorial diagnosis underlines two transformations, affecting at the same time the social intervention and the local forms of government. Initially, the social workers and the implied organizers formalized an "educational" work, convened beforehand by local decision makers anxious to develop preventive actions. Instead of " watching for ", it implies " to take care on " the development of the youthful aptitudes to put itself in project, to contain oneself, and to operate a work on oneself. Untied from politico-institutional executives, this administration of the wellbeing is in close touch with the situations and escapes from a direct control. The "return on the policy" is thus considerable. In this particular context, the government coalition should not only structure and control the negotiations. It must also integrate these places where the definition of an educational field takes place. From simple partenarial framework, this diagnosis becomes a political arena, in which each one intends to have a hold on the institutionalization of this emergent sector. From this point of view, the case of Toulouse lights another facet of the local government, as it is spread in a context of territorial public action. Far from " No man' s land " too often underlined, on these eroded zones, rise up political forms which, although unexpected, should be taken seriously
Turc, Annabelle. "Le statut social des dirigeants de sociétés." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30050.
Full textThe social status of corporate leaders is a topic constantly changing due to changes in legislation and the reconciliation of the non-employee to a salaried, especially for small and medium enterprises.A phenomenon of optimizing both social and fiscal won the leadership. They are led to question the choice of a salaried or self-employed. But to know or choose their social status, the officer must investigate the form of the Company that wants to create or integrate the legal structure, the conditions for the exercise of its activity and its status as personal professional.Social protection differs depending on a salaried or self-employed, and thus confers benefits more or less attractive to the manager. The status of the leader may confer significant advantages in terms of remuneration and benefit from device, hitherto devoted employees.The social status of leaders it is likely to move towards harmonization of employees and self-employed? What advice would you give to an officer in search of the most profitable status for him in the long run?Two main topics are treated : the first relating to the determination of criteria come into account in the choice of the social status of the leader, the second on the consequences of this choice in order to offer the manager
Vierling-Kovar, Emmanuelle. "Le contrat de société en participation." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00997288.
Full textMathias, Emmanuel. "Le financement des économies baltes : la confiance sociale au coeur des mutations économiques." Paris 1, 2003. http://www.theses.fr/2003PA010008.
Full textWu, Yaling. "La métamorphose de la pensée rousseauiste en Chine : à travers les exemples du Contrat social et de l'Emile." Paris 3, 2007. http://www.theses.fr/2007PA030091.
Full textEver since his thought was introduced to China via Japan at the end of the 19th century, Rousseau has for generations been a charming figure for many members from the intelligentsia in China. By citing The Social Contract and Émile as two examples, the author of the dissertation intends to discuss how the thought of Rousseau was accepted in China during a period from the end of the 19th century to 1949. The dissertation starts with an analysis of the textual differences by comparing a number of the Chinese translations of the two works, the translations, for example, of Du Contrat social by Nakae Chômin, Yang Tingdong and Ma Junwu, and of Émile by Yamaguchi Katarô and Shimazaki Tsunegoro, Xia Gaizun and Tan Juemin. Then the dissertation proceeds to look into the writings on the political and educational principles of Rousseau by Chinese men of letters living during various historical peorids so as to explore the way in which the thought of Rousseau spread to China via Japan, participated in and made impacts on the transformation of the traditional thought into the modern one. The dissertation ends up with a discussion of how Yan Fu, Liang Qichao and the other thinkers who had had a great influence on the modern Chinese culture accepted, understood and disseminated the politically democratic ideas of Rousseau, and how in the great debates that went on in the 1930s between Lu Xun and Liang Shiqiu the educational principles of Rousseau were made used of, the purpose of which is to show how the metamorphosis of the thought of Rousseau occurred in China
Pelletier, Simon. "Du Discours sur l'inégalité au Contrat social : cohérence et paradoxes dans la philosophie politique de Jean-Jacques Rousseau." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27854.
Full textCe mémoire affronte le problème de l'unité de la pensée de Rousseau, en particulier dans son versant politique. Il met en évidence la place centrale qu'occupe, dans sa philosophie, la thèse de la bonté naturelle de l'homme, et défend l'idée que les grandes articulations du Contrat social en sont des ramifications. Pour ce faire, il montre d'abord que les principes du droit politique représentent pour Rousseau la solution à un problème inhérent à la condition sociale de l'homme, problème développé dans le Discours sur l'inégalité. Les deux premiers chapitres du mémoire sont pour cette raison consacrés entièrement à une étude du second discours, où Rousseau pose le principe de la bonté naturelle de l'homme, puis décrit la façon dont celle-ci s'altère et finit par se corrompre dans la vie sociale. Les troisième et quatrième chapitres, quant à eux, contiennent une étude minutieuse du Contrat social, qui met d'une part en lumière le lien de continuité unissant l'ouvrage au Discours sur l'inégalité, et qui, d'autre part, démontre que ses tensions doctrinales résultent justement de son rattachement à la thèse de la bonté naturelle de l'homme.
Gouhier, Sébastien. "Essai d'une théorie générale de la responsabilité en droit administratif." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2002.pdf.
Full textThe generosity of the French system of public responsibility has taken place to the detriment of some overall theoretical logic. However, considering the historical development of French law which has become a model in terms of protecting victims -despite the archaic argument of sovereignty ; considering also natural law from a social point of view, it seems possible to keep the consistency of the whole system. The coming into place of the general principle of responsibility of public administration has been, in France, the result of a will from judges and the administration itself, fonder direct pressure from the people and the vital need to maintain and develop public services. Thus, the ultimate idea behind the concept of public responsibility as well as the justification for a special law to determine where public administration may be held liable lies as follows : public power is responsible for not keeping the promises made in the social contract imposing compensation for the increasing hazards inherent to the development of life in society and to public interventions. So, the responsibility of public administration entails political functions. Namely, to legitimate the action of the welfare state and to largely insure citizens against social hazards- This responsibility is based upon the need for security and for tl}e solidarity implemented by the right to equality and fairness as stated in the social contract. Consequently, the legal functions of this responsibility have to be the punitive responsibility and the insuring responsibility. The terms and conditions of such responsibility would still be the commitment of a wrong by public power, and its limits would be the necessary infringement of rights determined with reference to thé prejudicial constraints that one may undergo when living in society
Iida, Yoshiho. "La « religion civile » chez Rousseau comme art de faire penser." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAL003/document.
Full textThe eighth chapter of the Book IV of the Social Contract, entitled “On the Civil Religion”, still remains problematic. Jean-Jacques Rousseau seems to have invented the concept of “civil religion” to find a way to guarantee the fidelity of each citizen to the Sovereign. But what is this “civil religion” precisely? By what kind of means can this religion guarantee the citizens' fidelity? To solve these problems, we will examine the expression used by Rousseau which seems to summarize precisely the essence of the “civil religion”: the “sentiments of sociability [sentiments de sociabilité].” We will be able to show the importance of this expression only after a detailed exploration of its historical and philosophical context, which can be divided into four Parts: Part I will offer an analysis of the concept of “sentiment” used by Rousseau in the late 1750s. This Part will also show the philosophical background of this concept. Part II will describe the historical background of the writing and the publication of the Social Contract, focusing on the chapter “On the Civil Religion.” Part III will offer a detailed examination of the concept of “sociability:” we will verify the theoretical and polemical aspect of this concept, as it is used by Rousseau. Part IV will offer a detailed analysis and commentary of the chapter “On the Civil Religion” of the Social Contract, weaving together the various threads of the explanations provided in the previous parts. As a whole, this dissertation asserts that religion was a necessary component of Rousseau's political system, insofar as it provided a tool to generate self-contradiction and, as its consequence, moral thought and moral choice in the citizens' conscience
Tellier, Idriss-Solenne. "Le contact visuel : Démonstration de son coût sur le contrôle cognitif." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM3048/document.
Full textOur thesis extends a serie of studies on the effects of eye contact on the management of attentional resources. Six experiments tested the distracting effects of a brief versus sustained eye contact with an adaptation of the Stroop task (referred to as "Stroop Eyes" ; cf Conty, Gimmig, Belletier, George, & Huguet, 2010) involving concomitantly semantic distractors (incongruent words) and social distractors (direct gaze vs. averted gaze, and closed eyes). The main objective was to evaluate the cost of eye contact (initiated by direct gaze) on executive resources, this cost being possibly involved in pathologies such as autism and schizophrenia. Classic response time analyses and distributional response time analyses indicate that direct gaze 1) is processed automatically whatever its duration, 2) consumes executive resources, and 3) facilitates the processing of averted gaze. These results strengthen the models suggesting a modular (brain) network dedicated to the detection of direct gaze and related modulations of cognitive processes operating in parallel or consecutively. As humans perform the majority of their activities while being watched by others, the fields of application are vast. Furthermore, the links between eye contact and executive resources highlighted in our work suggests ways to address the management of people with specific social disabilities
Boumediene, Malik. "La place de la loi et du contrat dans la garantie du droit à la protection sociale de 1945 à nos jours." Nice, 2003. http://www.theses.fr/2003NICE0007.
Full textDupouy, Sabrina. "La prise en compte des données environnementales par le contrat." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1068.
Full textThe notion of environment embraces the “natural and artificial living environment of man” which means “the living space” of the human being. Today the quality of this environment takes on an increasing importance in the legal order. Environmental law, which follows the purposes of environmental protection and protection of the human being, is now investing private law. In particular, contract law seems significantly affected by the level of requirement of environmental quality. In this context, what is the role of a contract in front of growing contemporary concerns regarding environmental quality ? It seems that the environment is comprehended by the contract as an ambivalent element. On the one hand it is indeed a risk against which it is necessary to protect the contracting party and, on the other hand, a value that can be directly protected by the contract. The contract is subsequently without doubt shaped by the parties themselves, as well as by the judge and the legislator to protect the contracting party against environmental risks and to contribute to environmental protection
Le, Ruyet Armel. "L'agrément en droit des sociétés : contribution à une simplification du droit." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G040.
Full textThe study of corporate law certification reveals that the rules governing it are not free from gaps or inconsistencies. The latter result notably from their dispersed enactment, in legal or regulatory texts, on a case by case basis, individually for each social form. In addition, their intelligibility is diminished by the correlation sometimes made between the rules of his field and his procedural formalities. From this set flows a certain complexity, incompatible with the need for legal certainty required to execute any procedure. In this case, the infringement of liberty does not lie in the absence of a protective form but, paradoxically, in a formalism that is too fussy, the application of which gives rise to a serious dispute. Nevertheless, the observation of the possible presence of intuitu personae in all societies suggests the possibility of unifying the field of accreditation and, correspondingly, of simplifying its implementation, thanks to the elaboration of a common right. To this end, a contractual conception of social relations gives many keys to solving the problems currently posed by his regime. This analysis of positive law does not, however, call into question the proper balance established by law, aimed at protecting both society and its assigning partner, in the name of public societal order. Quite to the contrary, this point of view reinforces the effectiveness of the rule since the fields of intervention reserved to the legislator do not infringe either the substance of the rights of the partner or the legal concepts of the law. common right. This method of dealing with the difficulties raised leads to a reconstruction of the legislation of accreditation, which is more intelligible, thus auguring a concrete perspective of creation of a French law of closed companies, independent of any political instrumentalization
Culoma, Michaël. "L'idée de religion civile dans le débat politique de la parution du Contrat social au 9 thermidor An II." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32031.
Full textThe chapter VIII from book IV “De la religion civile” is a theory brought out by Jean-Jacques Rousseau during the redaction of the Contrat social. The idea is translated through a new conceptualization of the politico-religious link which assigns itself the main objective of changing man into citizen. As soon as the book came out May 1762, the chapter was refuted by quite a huge number of Christian authors who rose up against the antisocial vision of Christianity as built buy Rousseau. From the beginning of the Revolution, the chapter will experiment a true political life which will start in March 1790 by an exploitation of the concept. Then, after another minimalist application of the idea in May 1792, which leads to predict of all difficulty to use Rousseau’s notion, the Revolutionaries will truly start to build in a philosophico-political way the idea of civil religion. So, at the time of the Revolution’s patriotic fire, accelerated by the king’s death, citizenship will become a central political project, and Rousseau’s innovative vision will turn out to answer the Assembly demands. But, in spite of the intensified patriotism it should generate, remains in the XVIIIth century France a huge obstacle to its institution: Catholicism. However, with the ware of dechristianization which started in brumaire year II, the roman religion will go through a hasty decline allowing then a free hand to Robespierre and the “Comité de salut public” to implement the revolutionary civil religion. The 18th floreal decree will answer that will and will be very favourably received by the French population
Zalmat, Miloudi. "Le contrat de travail à la lumière du dahir formant code des obligations et des contrats (D. O. C. ) pendant le Protectorat : contribution à l'histoire du droit social marocain." Perpignan, 2001. http://www.theses.fr/2001PERP0407.
Full textUpon the decree's base forming the code of the obligations and contracts, promulgated the 12th august 1913, the labour contract had invested, from the praising of services, the moroccan economy. The conditions of setting out the labour contract, its conclusion, its sispension, its modification and its extinction geneering the parties charges of the obligations, thus specific introducing clearly the conciliation looked for by the protectoral legalisator between the europeen rights and the muslim laws
Ouabdelmoumen, Nadia. "Contractualisation des rapports sociaux : le volet linguistique du contrat d'accueil et d'intégration au prisme du genre." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20053/document.
Full textSince the adoption of the law on immigration and integration on July 24, 2006, any person applying for residency in France has the legal obligation to sign the Accommodation and Integration Contract (CAI). This contract notably subordinates the issuing or the renewal of a residence permit to the completion of language tests and/or trainings. In this context, a link is explicitly established politically between the necessity of this Foucaldian apparatus and the importance of the “equality between women and men” principle, presented as a fundamental base of the “French integration ideal”.In this thesis, a fieldwork-based account of the implementation of these “offered-required” linguistic trainings demonstrates how the French teaching-learning contract is the place of the incorporation and reactualization of the consubstantial gender and social “relations” (rapports sociaux).In this case of cultural and linguistic institutional prescription, the problematizations and interpretations of the gender and social re-actualization processes are articulated with an analysis of the contexts and principles that trigger the realization of the contractual apparatus : sexual equality, the construction of opposition in immigration (“chosen vs. suffered”), employment activation policies, autonomy, equality of chances, work, diversity, etc. This will take us to consider the contractualization of social “relations” (rapports sociaux)
Escobar, Corine. "La prévention de la violence scolaire : le rôle des associations : projets "prévention des violences"." Paris 5, 2007. http://www.theses.fr/2007PA05H068.
Full textThe experiences with situations of school violence are complex and institutional diagnostics as SIGNA do not still allow the deployment of adapted solutions at national level. Due to local diagnoses sometimes build with the concerned actors, the neighborhood associations engage more targeted actions than before. These studies are intended to assess the impact of dynamic association on the progression of school violence from a sample of seventeen associative prevention projects set up in 2004. This sample is evaluated through a series of institutional figures (SIGNA and school life indicators), the talks carried out with the projects leaders and written conclusions. It appears that beyond a very significant evolution of statictical datas it is mainly the climate trend in schools which is modified, towards a strengthening of social bond
Receveur, Bee. "La Force obligatoire du contrat de société : contribution à l'étude des relations entre droit des contrats et droit des sociétes." Phd thesis, Université de Cergy Pontoise, 2013. http://tel.archives-ouvertes.fr/tel-00949391.
Full textArchambeaud, Gait. "L'Afghanistan et le langage de l'égalité : une approche poïétique du contrat social sur une zone de fracture du système-monde." Phd thesis, Université de Bourgogne, 2013. http://tel.archives-ouvertes.fr/tel-00984980.
Full textIye, Ali Moussa. "Le Pouvoir du verbe et la force de la loi étude du Xeer, contrat social et politique des pasteurs Issas /." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37616792f.
Full textDumitru, Speranta. "Le concept de "voile d'ignorance" dans la philosophie de John Rawls." Paris, EHESS, 2004. http://www.theses.fr/2004EHES0085.
Full textJohn Rawls (1921-2002) has argued that principles of justice are to be chosen behind a veil of ignorance, that is, without any knowledge of one's place in society, including one's talents and one's conception of good. The present dissertation shows that grounding justice on the veil of ignorance is not only useless but problematic. Firstly, the uselessness is evidenced by the impossibility of deducing the two rawlsian principles and, more generally, of an egalitarian principle. Building on the economists' proofs, we observe that for ignorance be the premise of an argument, it is always necessary to translate the absence of belief into ab existing form of belief. Since arguments based on ignorance are indirect and useless it seems clear that one is better off working from the more solid foundation of the existing belief. Secondly, the dissertation argues that underlying intuitions of the veil of ignorance are problematic. It is shown, for instance, that viewing talents as a result of "natural lottery", is an idea barely defensible despite its intuitive appeal. It is also argued that a veil of ignorance is not sufficient to insure the fairness of the principles thus chosen
Revet, Thierry. "La force de travail : étude juridique." Montpellier 1, 1991. http://www.theses.fr/1991MON10018.
Full textOriginally an economic notion, the work-force is a much debated subject as far its juridical situation is concerned. This is because it corresponds to an ambivalent reality : it refers as well to human person as to personal property, to subjects as to objects of law, etc. Some of its main characteristics may however be identified : the work-force can be subject of contract and source of value. A contract of employment deals with the work-force. Through subordination, that work-force turns into object, for it is mentally dissociated from the person itself because of the modification of the debtor's subjectivity. The principle of freedom of of employment validates this process. As an instrument of objectivization of the work-force, subordination establishes too the agreement concerning of the work-force : placing something at somebody's disposal. Source of value, the work-force has not usually an effect on the jurudical situation of the products of exploitation or of the transformation of preexistent goods. In return, the work-force influences in principle the juridical situation of the products coming out only from the display of labour. One can infer from the sole quality of product of work an outline of privative reservation