Dissertations / Theses on the topic 'Fait du prince (droit administratif)'
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Kinsch, Patrick. "Le fait du prince étranger." Université Robert Schuman (Strasbourg) (1971-2008), 1992. http://www.theses.fr/1992STR30005.
Full textEven though they may not be selected as applicable law by the forum's rules relating to choice of law or recognized under its rules relating to the recognition of foreign decisions, certain foreign norms can - by virtue of their being treated as mandatorily applicable by the public authorities of the foreign state from which they emanate - have factual effects which the forum will have to take into consideration in evaluating the parties' conduct. The practice of the courts is to consider, where appropriate, the intervention of foreign public authorities in the performance of a - contractual or extracontractual - obligation as giving rise to an impossibility fo performance (or force majeure). -- from a methodological viewpoint, that method of taking foreign norms into consideration is clearly distinct from the application of choice-of-law or recognition-of-decisions rules. The reason behind it can be explained through the datum theory (b. Currie, a. Ehrenzweig). As a practical matter, the approach which consists in thus taking account of foreign mandatory rules of conduct - the courts' traditional approach in this specific field - may be deemed adequate, and its results can be compared favourably to those of two alternative methods: the act of state doctrine and the theory of unilateralist application of foreign mandatory laws (or sonderanknupfung)
Dufau, Valérie. "Les sujétions exorbitantes du droit commun en droit administratif : l'administration sous la contrainte." Paris 2, 1998. http://www.theses.fr/1998PA020069.
Full textLi, Yingyi. "Des Prérogatives de contrat administratif : comparaisons entre droit chinois et droit français, entre droit administratif et droit contractuel." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020032.
Full textThe theory of prerogatives of administrative contract transplanted from the French administrative law has triggered such a longtime debate in the judicial community that a unified national legislation has been absent even today. Actually, in the French administrative law, composed mainly by Case Law in this domain, there is not only a series of conditions to enforce each prerogative, but also a protective mechanism to keep a financial balance of contract for the final justice. However, based on a preference to the Power rooted from the legal traditions and the political regime of China, combined with certain contemporary facts, Chinese researchers have partially highlighted the former but ignored the latter, leading to the failure of this legal transplant. Actually, as a type of administrative power, the prerogative should not be considered into the proper system of contract composed by the conventional rights and obligations, but refers to the legal authority of administration that should be controlled by the legal responsibility. In addition, it could be considered as the breach of contract too, so that the administrator should take the contractual responsibility based on the Theory of no-fault, on the Relativity of contract and on the Force effect of contract; thus the administrative responsibility hereof could be assumed for the breach of contract, for the quasi-tort out of contract and for the illegality. No matter which pattern would be followed by the future legislation in China, an independent and influential judicial system should be the final protection of all legal systems including the administrative contract
Laisne, Yves. "La remotivation patrimoniale : ses origines et ses applications." Montpellier 1, 2003. http://www.theses.fr/2003MON10013.
Full textElbeherry, Ibrahim. "Théorie des contrats administratifs et marchés publics internationaux." Phd thesis, Université de Nice Sophia-Antipolis, 2004. http://tel.archives-ouvertes.fr/tel-00412538.
Full textLeleu, Thibaut. "La responsabilité sans fait en droit administratif français." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020058.
Full textPublic liability evolves and a lot of systems of compensation cannot be filed in the usual classification of this field. To remedy this problem, the thesis suggests creating a new legal category: liability without act. This one contains systems of public liability within which the victim is exempt from proving an act imputable to the person responsible. Twenty very different systems are presently filed there. Their analysis makes understanding of historical evolution of liability without act possible. The creation of liability without act produces three types of consequences which must be considered. First, it plays a particular part in compensation for victims. Second, it affects present categories of public liability which are fault-based liability and liability without fault. Finally, it is the beginning of a reconstruction of the structure of public liability. In fact, this field can be presented thanks to the distinction fact-based liability / liability without act
Weiss, Jean-Pierre. "L'apparence en droit administratif français." Paris 2, 2009. http://www.theses.fr/2009PA020049.
Full textGuillon-Coudray, Sophie. "La voie de fait administrative et le juge judiciaire." Paris 2, 2002. http://www.theses.fr/2002PA020119.
Full textBourderotte, Cécile. "La responsabilité du fait des dommages de travaux publics." Paris 1, 2003. http://www.theses.fr/2003PA010313.
Full textCondorelli, Martina. "I principi di certezza del diritto e di sécurité juridique e le garanzie offerte al cittadino in Italia e in Francia." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020081.
Full textSince the beginning of the XXI century, Italian and French administrative courts have shown an increasing interest in the protection of legal certainty, which eventually culminated in the adoption of the power to modulate the temporal effects of judicial annulments, along the lines of the powers granted to the European Court of Justice by art. 264, sect. 2 T.F.E.U. An in-depth analysis of Italian and French case law revealed that several legal doctrines aimed at the preservation of unlawful administrative acts from the effects of an annulment had already been developed by domestic Courts prior to the introduction of the power to modulate their decisions, thus demonstrating a long-lasting commitment to legal certainty by the Courts.The new techniques generated different responses in the two sides of the Alps. While in France, they received general approval by legal scholars – at least initially – and their use is now widespread, in Italy they have been almost unanimously deemed in contravention of the guarantees enshrined in article 113 of the Italian Constitution. The dissertation describes and analyses the old and new techniques by which the stability of an unlawful act or of its effects are protected by Italian and French Courts, with the aim of further defining the concept of legal certainty by illustrating what is actually protected by the Court when the principle of legal certainty is acknowledged to prevail on the principle of legality. Furthermore, the dissertation focuses on the impact of these techniques on the justiciability of citizens’ rights, in France and in Italy, as a means to explain the different reception the power of modulation has had in the two Countries
Juan, Stéphanie Tremeau Jérôme. "La responsabilité de l'Etat du fait de l'action normative en droit administratif français." Metz : Université Metz, 2008. ftp://ftp.scd.univ-metz.fr/pub/Theses/2004/Juan.Stephanie.DMZ0405.pdf.
Full textJuan, Stéphanie. "La responsabilité de l'Etat du fait de l'action normative en droit administratif français." Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Juan.Stephanie.DMZ0405.pdf.
Full textEvery citizen living in society has to bear the consequences ensuing from applying regular domestic laws and regulations. This principle, however, only applies to the extent that the burdens imposed do not turn out to be excessive. In the opposite case, based on the liability without fault for violation of equal treatment with regard to public burdens, the author of the law or regulation needs to bear the exceptional burden caused by his intervention. Although appearing to contribute to a certain equilibrium between the State and the persons subject to its administration, this regime nevertheless seems to be implemented with some difficulty into domestic law. Indeed, confronted with the impossible task to permanently reconcile diverging interests, the judge rather tends to preserve the State's prerogatives. Such protection can be explained by financial considerations, but the true reason seems to be the will not to critisize the work of the legislator. This being given, such an interpretation of the regime of State liability for legislative acts encounters problems where damage is caused by an irregular law or regulation violating European Community law. Although an analysis of the case law shows that the courts have surmounted their scepsis with regard to holding the State liable for administrative acts violating European Community law, they preserve a very protective attitude towards the legislative activity. Today, the Conseil d'Etat still refuses to hold the State liable for laws in contradiction with European Community law and makes use of numerous juridical mecanisms to maintain this immunity. Such opinion of the French administrative judge appears to be very criticable, given that there seems to be no serious juridical argument preventing the recognition of such a liability without fault regime for legislative acts of the State. Furthermore, the approval of such regime could be possible notably by implementing existing rules into the State's domestic law
Zeiter, Lionel. "La distinction du fait et du droit dans les recours de droit administratif auprès du Tribunal fédéral /." Lausanne : Ed. Bis et Ter, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/508504147.pdf.
Full textMainchin, Jean-Philippe. "La responsabilité envers les tiers du fait des constructions illégales : (Aspects administratif, civil et pénal)." Angers, 1999. http://www.theses.fr/1999ANGE0026.
Full textThe liability action brought by third parties, in case of buildings against the law is characterised by its concerning the administrative, as well as the civil and penal contentious matters. The thirds parties entitled to bring a liability action in case of buildings against the law can be found among neighbours, societies and legal entities. The administrative judge can compensate the torts undergone by thirds parties if the administrative autorities have delivered an illegal buildings licence. Third parties are allowed to bring a civil action in order to compensate the torts caused by a penal infraction, as far as town-planning laws, third parties are allowed to insolve the builder's civil responsability. The study of these contentious matters shows that third parties dispose of effective means in order to compensate the damages they have undergone in case or illegal buildings. The most adequate compensation is the demolition of these illegal buildings, and the overhauling of the place, but the actual efficiency of the compensatory actions is not certain. The L 480-13 article of the town-planning law highlights the interlocutary question giving the administrative judge the exclusive valuation power of the building licence's lawfulness. The device delays the answer of the legal judge, the only competent authority to order the demolition process. Moreover, when the demolition act is ordered, if the builder refuses to carry it out, the public administrative authorities uses but rarely his competencies to order the demolition process. Some modifications "de lege ferenda" of the concerned town-planning law's articles shall ensure a more efficient protection of the concerned third parties
Delgorgue, Juliette. "Le préjudice dans le cadre de la responsabilité pour troubles de voisinage en droit administratif." Artois, 2003. http://www.theses.fr/2003ARTO0302.
Full textFerreira, Jean-Philippe. "L'originalité de la responsabilité du fait des dommages de travaux publics." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0309.
Full textPublic liability for wrongs caused by public works is usually understood as an original and peculiar case of liability. Its existence, its structure and the rules applied to it made it different from classical administrative accountability or civil liability. Nevertheless, the study of the topic shows that at two different times such an assessment should have been more balanced. From an historic perspective, rules for public liability in the context of wrongs caused by public works are the foundation of French administrative accountability. Rules for public works had the leading role in the development of administrative accountability and were the mould for the doctrines and principles of administrative responsibility. Currently, the peculiarity of some rules applied to public works are in decline. Firstly, despite the persistence and the use of a classification specific to public liability in the context of public works, the particularity of its rules is lessened. Secondly, this peculiarity is endangered as other rules for liability coming from administrative law or civil law are preferred to its application. Thus, the originality of the public liability for wrongs caused by public works seems to become a thing of the past
Kodmani, Ahmad. "La responsabilité de l’Etat sans faute du fait des engagements internationaux : Devant le juge administratif français." Thesis, Angers, 2015. http://www.theses.fr/2015ANGE0044/document.
Full textThe question of the state’s responsibility towards international engagements is subject to jurisprudential evolutions. In 2011, the Counsel of the State dedicated the responsibility without fault due to the international customs. These dedications provoked a debate about the founded assimilation between the responsibility of the acts of laws and the responsibility due to the international conventions. Concerning this, one must turn to the past: the system of responsibility based on the occurrences of international conventions inaugurated with the stop of the company of radio electric energy. In 1966, the Counsel of the State overtook the problem of the theory of government act and constituted a system of responsibility based on the principle of equality before the public charges. The rule of reparation is not destined to repair the damages directly resulting from the convention, but those caused by its application. It only concerns the abnormal and particular damages. This state of responsibility was accepted under the close terms of the system of responsibility on the acts of laws.Today and with the jurisprudential evolution, a disassociation operates between the responsibility of actions on international engagements and the responsibility of the acts of law. It seems possible to sanction independence from the system of responsibility of actions of international engagements and that of law
Abdel-Hamid, Sarwat. "Obligations et responsabilité du fabricant de produits dangereux." Montpellier 1, 1989. http://www.theses.fr/1989MON10026.
Full textBoussard, Sabine. "L'étendue du contrôle de cassation devant le Conseil d'État : un contrôle tributaire de l'excès de pouvoir." Paris 2, 2000. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247092772.
Full textRottier, Benjamin. "L'aveu en droit processuel : essai de contribution à la révélation d’un droit commun." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D008.
Full textThe strength of judicial civil confession is inherited from roman confessio in jure, that was however an admission of claim. Confession being held as an evidence since the medieval law, its nature wears the seal of will whereas its regime is mostly determined by search for the truth. On the one hand, requirement of a free will, both in civil and criminal procedures, grants confession the nature of a legal act intended to prove a fact. Thus genuine confessions can be distinguished from sanctions against litigants who disregard the judge’s imperium, in civil cases as well as in administrative cases. On the other hand, the weight of evidence brought by confession is always determined by the courts in their unfettered discretion. Obligation for civil jurisdictions to state only in consideration of the confessed fact relies on the principle of party disposition. Civil judicial confession 's legal irrevocability is both substantial, as the evidence is permanently constituted, and procedural, preventing the confessor to invoke an opposite allegation of fact. Confession's indivisibility can be analyzed as a result of the suspensive or resolutive condition under which this legal act can be granted
Aksoylu, Özge. "La conciliation par le juge de la légalité et de la sécurité juridique : comparaison franco-turque." Paris 1, 2011. http://www.theses.fr/2011PA010278.
Full textLeclerc, Caroline. "Le renouvellement de l'office du juge administratif français." Thesis, Dijon, 2012. http://www.theses.fr/2012DIJOD005.
Full textThe study of the evolution of the methods used by the French administrative judge is necessarily connected to the new priorities that were chosen regarding the carrying out of his functions. « Pass judgment and resolve disputes » remains the foremost mission of the administrative judge. Some of the aspects of his powers and duties have nevertheless grown in importance as part of a policy of strengthening his legitimacy.. Indeed , administrative courts increasingly take into account the persons subject to trial and they have focused the revitalization of the jurisdiction on the protection of fundamental rights, a favoured field for the dialogue of judges. Those strong orientations led to a deep reform of their techniques and methods of judgment. The French administrative judge is now fully in accordance with the requirements of administrative actions and the issues at stake. Whether it concerns reviews of legality or their outcome, those interventions are obviously efficient. Thanks to the powers he now detains, the French administrative judge brings an adequate response to the needs of modern justice and has once again taken up the tough challenge of self-reforming his functions
Boutouila, Nawal. "La condition juridique des personnes privées de liberté du fait d'une décision administrative." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D007.
Full textBy taking a prospective approach, the main of this work is to highlight the existence of an evolution of the legal status of persons deprived of their liberty for an administrative decision. Though the obligation to preserve public order has long been introduced as granting the administration many prerogatives, it must from now on to be equally described as a public-service mission that should be accomplished in accordance with a particular behavior model, without however, always mentioning the presence of actual constraints at the expense of the administration because of the numerous shortcomings currently affecting the protection system. Presumably, if this improvement has been made possible, it is in mainly due to “this new opposing-force concept” that has contributed to strengthening theirs protection especially by participating in the identification of the obligations that should be respected by all administrations which have to take care of a person deprived of liberty
Forster, Ninon. "La responsabilité sans faute de l’Union européenne." Thesis, Paris 2, 2019. https://www-stradalex-eu.passerelle.univ-rennes1.fr/fr/se_mono/toc/RESFAUE.
Full textOften invoked in actions for damages before the Court of Justice of the European Union to overcome obstacles to the engagement of the European Union's extra-contractual liability, nofault liability is a vague concept whose definition, nature and very existence are contested. However, the study of this concept, based on the case law of the Court of Justice of the European Union, reveals an original Praetorian construction based on the influence of national laws on public liability. Liability without fault has acquired, with the judgments of the Court of Justice and the Court of First Instance, a consistency which makes it appear to be a legal category comprising several liability regimes in which proof of wrongful activity by the institutions of the European Union or its agents is not necessary to engage in non-contractual liability. However, no-fault liability is hardly an effective legal remedy available to individuals because of the judge's reluctance to expressly recognize it as a principle of extra-contractual liability and because of the rigorous interpretation of the conditions of its validity
Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Full textThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights