Dissertations / Theses on the topic 'Enrichissement sans cause'
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El, Nachef Nadim. "L'enrichissement sans cause en droit francais et en droit libanais." Rennes 1, 2001. http://www.theses.fr/2001REN10403.
Full textNizard, de Saint-Didier Stéphanie. "La répétition de l'indu." Paris 2, 1998. http://www.theses.fr/1998PA020036.
Full textMonteillet-Geffroy, Mélanie. "Les conditions de l'enrichissement sans cause dans les relations de famille." Orléans, 2000. http://www.theses.fr/2000ORLE0005.
Full textTagen, Ragab. "L' équilibre financier des contrats administratifs : étude comparative des droits français et égyptien." Paris 1, 2004. http://www.theses.fr/2004PA010257.
Full textBoüard, Fabrice de. "La dépendance économique née d'un contrat d'intégration en droit des obligations." Paris 1, 2003. http://www.theses.fr/2003PA010322.
Full textBarret, Olivier. "L'Appauvrissement injuste aux dépens d'autrui en droit privé." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb375944829.
Full textMestre-Lafay, Frédérique. "Le quasi-contrat en droit administratif." Nancy 2, 1991. http://www.theses.fr/1991NAN20007.
Full textIn French civil rights, the existence of "quasi-contrat" (implied-contract) is strongly denied. It is different in administrative law because the "quasi-contrat" gets a conceptual autonomy. It has mainly a complementary function, supplied and substitutive according as it is relative to a perfect contract, a not valid or not formed contract, or it is playing on the outside of any contractual framework. It holds an intermediary place between the contract and the "quasi-delit" (tort law). So three "types" of "quasi-contract" come into view according their degree of proximity the "contractual ideal-type" : - performance of a useful prestation, on the initial will of the administration ; - performance of a useful prestation, with its tolerance ; - performance of a necessary prestation executed without its knowledge. The judge identifies in this fact, a fount of autonomous obligations, for which he attributes specifical consequences. The legal system of "quasi-contrat" is mainly characterized by the existence of the "quasi contractuelle" liability founded on "enrichissement sans cause", and by the existence of peculiar rules: priority and specifical combination with the "quasi-delictuelles" liability
Abd, El Hafiz Alaa. "De l'autonomie du quasi-contrat." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0125.
Full textQuasi-contracts are set as an autonomous part of the civil code, yet the notion answers to no unity. Law defines the notion as a voluntary fact leading to bind its author but scholars are considering quasi-contracts to be halfway between contract law and tort law due to the lack of will leading nevertheless to binding obligations. Practice shows that, except for the business management based on a mandate without any express will, the other quasi-contracts, unjust enrichment and repetition of undue do not follow any contractual regime. Scholars have attempted to propose the transfer of value for explaining the unity of the notion but this criterion is no longer relevant since cases creating a new quasi-contracts: lotteries. This work aims to discover a new criterion to find back unity of quasi-contracts. Impossible task as each quasi-contract shares common aspects of contract law and of tort law
Sion, Delphine. "De l'apport de l'enrichissement sans cause au droit des contrats administratifs : contribution au règlement indemnitaire des situations péri-contractuelles." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1062/document.
Full textThe situations peri-contract are characterized by the fact that a third person realizes services for the benefit of a public person in the absence of valid contract. The person receiving benefits cannot demand the payment of the service provided in the community by calling upon the obligations resulting from an agreement spent with the Administration. The public person does'nt benefit from any contractual guarantee, or post-contractual, in conformance for the faults affecting the delivered work. To guarantee the diverse interests in presence, the administrative judge gradually developes a legal solution which enables to adjust the imbalance between the financial situations of the parts by combining the foundations of quasi-contractual or quasi-delictual responsibility. The compensation of enrichment without cause will in that way allows to cover the total expense that the person receiving benefits usefully exposed for the benefit of the public person and a complementary compensation can be granted to him to compensate for the loss of income which he suffered because of the absence of contract. More the damage resulting for the public person, of the delivery of a work not in compliance with its destination, to have been built in misunderstanding of the rules of the art, opens straight ahead to repair on the foundation of the quasi-delictual responsibility of companies
Dross, William. "Le mécanisme de l'accession. Eléments pour une théorie de la revendication en valeur." Phd thesis, Université Nancy II, 2000. http://tel.archives-ouvertes.fr/tel-00457621.
Full textGouëzel, Antoine. "La subsidiarité en droit privé." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020062.
Full textSubsidiarity of unjustified enrichment claims, subsidiarity of the lex fori, subsidiary pleadings, subsidiary obligation of the members of companies with unlimited liability, etc. : subsidiarity is recurrent in private law. However, its mechanism is not clearly understood. Subsidiarity creates order in law. It is a coordination technique of rival elements, which makes access to the subsidiary element subject to the default of the first element. As long as the first element can produce its effect, the subsidiary element is blocked. The purpose of subsidiarity is to create a hierarchy between those elements: it states the primacy of the first element, seen with favor, on the subsidiary element, which is considered a backup. This mechanism is useful in contract law. An obligation is subsidiary when it is subject to the default of another obligation; it matches the pattern of a conditional obligation. Normal payment is expected from the debtor of the primary obligation; the intervention of the subsidiary debtor is seen as pathological. In order to sue the subsidiary debtor, the creditor must prove that the primary obligation is in default. The former can invoke all the exceptions which prove that this event, which can be defined in a variety of ways, has not occurred. The concept of subsidiary obligations is important in legal operations involving three persons, and encourages to reconsider our understanding of solidary obligations
Diango, Maïmouna. "La subrogation de l'assureur maritime." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1011.
Full textSubrogation is a privileged mode of transmission of claims in marine insurance. It brings together key players in the maritime trade: the insured, the insurer and the third party responsible. Subrogation of the underwriter has always enjoyed a special favor resulting flexibility of legal texts both for subrogation exerted automatically by the fact of the law, for contractual subrogation which proceeds the will of the parties. However, faced with the procedural requirements of the courts, litigation of subrogation tends more toward a cure. Therefore, the question arises of whether if there are other alternatives to the underwriter? The arbitration is a good solution in terms of the flexibility of awards made in the matter. Also, judicial jurisprudence reported a great change that would insurers to ordinary means, among other things, the assignment, the repetition of the undue and action "de in rem verso" to overcome the uncertainty of litigation of subrogation. In terms of private international law, there is no specific rule of subrogation of the marine insurer. However, the Regulations Rome I and Rome II enact conflict mechanisms applicable to contractual and extra-contractual. They designate the law that governs subrogation
Pfeifer-Chomiczewska, Katarzyna. "Les rapports patrimoniaux entre concubins et leur liquidation. Etude comparative des droits français et polonais." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1003.
Full textAfter leaving the world of disapproval, concubinage has integrated the social order and consequently the legal order. In French law, cohabitation is legally defined. In Poland, a legal definition of cohabitation does not exist. Notwithstanding this difference, the elements of cohabitation in the two legal systems are similar. Cohabitation is characterized in France and in Poland by the absence of a legal relationship between partners, monogamy, stability and continuity, and community of life. In both countries, concubinage is not legally organized. Cohabitation does not create any rights or obligations between the cohabitants, whether in a personal, property or financial sphere. Property relationships of cohabitants and their liquidation pose many difficulties. In order to legally qualify the economic acts of the cohabitants, it is necessary to retrospectively analyse the facts
Habre, Carla. "La subsidiarité en droit privé." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020030.
Full textSubsidiarity which constitutes a leading principle of European Union law has also its place in private law. It is a functional notion that can only be comprehended through its applications, the search of the place that it occupies in private law passes through analyzing the various functions which it has. It is an autonomous notion which has to be distinguished from close situations where there’s a concept that is elaborated according to another one said to be principal or primary. It has to be for instance distinguished from the links existing between the principal and the accessory, from suppletivity and from equivalence. Revealed and known as a characteristic of the legal action of enrichment without just cause, it has spread to various topics of private law. In private law subsidiarity performs two functions: the first one aims to preserve the primacy of the principal, and the second one, aims to assure the substitute of the principal. Its first function is illustrated by the obligation of the guarantor, by the obligation of the partners for the liability of debts in civil companies and other assimilated societies, and also by the subsidiarity of the enforcement proceedings, more precisely, the one related to the seizure of goods. In addition to these illustrations related to substantive law, subsidiarity is also illustrated in civil procedure; it is the one which is revealed to the course of the process. Its second function is illustrated by the legal action of enrichment without just cause, as of a subsidiary legal action, and by the nullity recourses, as of subsidiary remedies at law, and also by the subsidiary vocation of the common law, illustrated by the common rules of civil liability. Subsidiarity is employed to avoid any subversion of the legal order. It contributes to fill the gaps of Law and to make the legal system more efficient
Isenbart, Jens Friedrich. "Bereicherungsansprüche beim Eingreifen Dritter in Forderungen: Herausgabe des Erlangten und Gewinnabschöpfung beim Einzug fremder Forderungen und bei der Anstiftung zum Vertragsbruch im deutschen, englischen, amerikanischen und französischen Recht." Doctoral thesis, 2005. https://repositorium.ub.uni-osnabrueck.de/handle/urn:nbn:de:gbv:700-2005062911.
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