Dissertations / Theses on the topic 'Foncier'
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Lemarié-Boutry, Marie. "Les dimensions patrimoniales du foncier viticole bordelais : une lecture par les prix fonciers." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0412/document.
Full textThrough a case-study of wine-farming in Bordeaux, this thesis aims to analyse how vineyardprices reflect heritage. We define heritage as a set of properties and institutions which arehistorically and territorially located. Locally, this defines organisations specific to the Bordeauxviticulture. We show that farmland can be an asset through which the viticulture heritage isbuilt. We assume that the value of this heritage is revealed by the preferences of agents onthe farmland market. From this assumption and through a hedonic analysis, we analyse theprice of vineyards sold between 2002 and 2010 in the Gironde department in France. Thiswork is based on an original multisource geographic information systeme data and uses spatialeconometric techniques. We show that vineyard prices on the market are the reflection of thelocal viticulture and of its past and future links to the territory
AMEUR, MOHAMMED. "Fes l'obsession du foncier." Toulouse 2, 1989. http://www.theses.fr/1989TOU20050.
Full textThe topic focuses on the main points : - an analysis of the property rules and of the evolution of the estate market in the suburbs which allowed to identify general caracteristics of property the pattern and rules of property, and the actors of the market. - an analysis of the procedures to product lands and housing points out how works the entire system in land and estate production. - the evolution of the property awning and its impact on social restructuration. Finally it points out the land roles in urban space
Durousseau, Sylvie. "Patrimoine foncier pollué et urbanisme." Limoges, 2001. http://www.theses.fr/2001LIMO0484.
Full textAmeur, Mohamed. "Fès ou L'obsession du foncier /." Tours : Centre d'études et de recherches URBAMA, 1993. http://catalogue.bnf.fr/ark:/12148/cb35591189w.
Full textMingou, Christian Nala. "Impôts fonciers locaux et stratégies de développement territorial : le cas du foncier bâti communal en France." Phd thesis, Université Paris-Est, 2011. http://tel.archives-ouvertes.fr/tel-00690391.
Full textRandranto, Malala. "La pertinence du nouveau système de droit foncier de Madagascar : (la réforme foncière de 2005)." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010263/document.
Full textThe land question is an important issue in most African countries. Indeed, legal, economic and social constrain these states to reconsider their systems of land-law, mostly inherited from the colonial administration. Recognizing these issues, Madagascar reforms the land law in 2005. This reform challenges two fundamental principles: on the one hand, the principle of presumption of state ownership of land unregistered and on the other hand, the monopoly of the land registers by the State. Reform begins with the 2003 Act. It’s first intervened to make the first changes. The idea of a transfer of jurisdiction to the common land sup was then taken up and confirmed in 2005 by the Politique de Lettre Foncière. The 2005-19 and 2006-31 Acts give to the user the choice between the procedure based on the registration and certification for the security of his property rights. The implementation of this new land-law system has generated a lot of questions and it is important to contribute to answer these questions. The objective of this dissertation is to study the relevance of this new land-law, trying not to be limited to the theoretical but also considering the practical aspect of the question
Fian, Assemian. "Le droit foncier de l'État ivoirien." Paris 1, 1991. http://www.theses.fr/1991PA010257.
Full textBeyond essential hermeneutics of legal texts and the determination ofthe legislator's intentions, both well known methods of legal analysis, it remains to determine the social signification of ground law policies. Through ist choice of legal procedure, and modes of land apportionment between various economic sectors of activity, what type of society is ground law fashoining in the ivory coast and what are the limitations encountered by the restructuring ? The anthropology of law approach permits us to go beyond texts and legal practices to analyse the underlying assumptions that govern legal choices as an attempt to respond to the questions raised. Resistance from traditional systems of ground law which were at first disregarded and then deformed, and a variety of legal and sociological obstacles raise the problem of the responsibility of the state and its principal agents in the implementation of ground law policies and in the choice of capitalist development and its imbalances and inequalities. Legal and negotiated conflict resolution become deadlocked. Ground law reform has become urgent in the ivory coast. It must be founded on local ground law dynamics, ground law negotiation pratices, and the positive aspects of traditionalist systems of ground law
Fofana, Sory Ibrahima. "Enjeux des mutations et des recompositions du foncier autour de Bamako (Mali)." Thesis, Rennes 2, 2017. http://www.theses.fr/2017REN20016.
Full textIn an uncontrolled urbanization context, the study of issues, mutations and reconstructions of land around Bamako (Mali) shows major transformations of land and allows us to understand the inequalities of access and constraints that rural people face. The high demographic growth recorded in cities as well as in peripheral towns, is a source of deep land transfers and important issues. These areas affected by rapid and multiple transformations in the context of decentralization is favored by economic liberalism since the advent of democracy. The main objective of this research is to contribute to a better understanding of agricultural land changes and their role in the supply of the city of Bamako. Through investigations based on field observation, questionnaire survey and interviews, the thesis is thus to analyze land issues, the different participants in the land transfer process, the peri urban role in supplying the city, the conflicts generated, to better understand the changes and the land reconstructions in periurban areas. The results of the study reveal that the city of Bamako, having a rapid urbanization, develops reciprocal and complementary relationship with rural peri urban suburbs. We start from the agricultural peri-urban land uses in four local authorities Baguinéda, Sanankoroba Kambila and N'Gabacoro Droit, to study the evolution of suburban land, its mutations, the actors’ strategies and practices in land grabbing process. This is one of the causes of land conflicts involving many actors (the State, customary communities, farmers, rural citizens, individuals), to what, permanent solutions must be found. This thesis aims at analyzing the land transfers in the urban areas of Bamako and the issues that stem from them
Emery, Caroline. "Le droit de préemption en droit foncier rural /." Lausanne : [s.n.], 2005. http://aleph.unisg.ch/hsgscan/hm00241096.pdf.
Full textSaussol, Alain. "Colonisation rurale et problème foncier en Nouvelle-Calédonie." Bordeaux 3, 1985. http://www.theses.fr/1985BOR3ET02.
Full textHassani-El-Barwane, Mouhssini. "Le système foncier comorien de 1841 à 1975." Thesis, La Réunion, 2010. http://www.theses.fr/2010LARE0028/document.
Full textThis purpose of this research is to attempt to study how the Comorian land ownership system as regards its organization functioning during the pre-colonial, colonial and post colonial period. This system actually reflects the side by side existence of both traditional and colonial structures. It has however undergone deep changes with three different types of ownership, the customary, the Islamic and the colonial modes of property acquisition. The choice of this time frame is deliberate since it has enabled us to analyze the weakness of the system before, during colonial period and up to the independence in 1975. This study will first look closely and exhaustively at the permanent mode property acquisition continuous changes and challenges related to the mode of property acquisition such as inheritance, donation, sale contract, exchange, accession and prescription. At the same time, it will examine the general and specific features of the socio cultural context. Finally it will present the possibilities and land policies leading to a written document for regulation estate and land while keeping a balanced ecological environment in relation to a true policy promoting human sustainable and development
Dupont, Josselin. "L'émergence d'une politique foncière régionale en Bretagne : de l'identification des enjeux à la création d'un établissement public foncier d'Etat." Thesis, Rennes 2, 2014. http://www.theses.fr/2014REN20020/document.
Full textDuring the last decades, we have experienced a general rise of real estate prices as well as the reinforcement of sustainable development issues. This resulted in a "renewal" of land policy in France, with the development of “Etablissements publics fonciers” (EPF). At the same time, there is a withdrawal from the public sphere against a dominant financial logic. In this context, our thesis questions the need to develop land policy at the regional scale. To do so, we have examined the situation of Brittany on the basis of several partnerships (Regional Council, DREAL and EPF of Brittany, ADEF, COST and joint supervision with the University of Liege), with research materials gathered from three distinct research terrains (in Brittany, in France and in Europe). This leaded to a PhD structured in two main parts: on the one hand, a regional diagnostic on land issues for Brittany with a list of mobilized land data and, on the second hand, an original analysis of the EPF tool. Our results show that Brittany is facing fundamental land issues (fast land artificialization due to specific modes of living and demographic dynamics) that impact in different ways the regional territory (rural-Urban and Armor-Argoat disparities). Ourresults also show that the choice of a regional land policy embodied in the creation of an EPF is at the same time very common from a French perspective and very original from a European perspective. In conclusion, we note that the effectiveness of EPF is not yet actually demonstrated and we propose recommendations to Brittany’s decision-Makers
Gillio, Nicolas. "Le foncier, une ressource territoriale pour le développement économique." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAH012/document.
Full textEconomic land contributes actively to the development of companies in the territories as a spatial translation of economic activity and as a form of intervention by public bodies in France and in several European countries.The location of economic activities is defined in spatial economics according to the distance to the urban center. The value that economic agents attribute to a central or peripheral location is based on the level of differential rent perceived by landowners. This income, assimilated to the land use cost incorporated in property prices, is a decreasing function of distance to the urban center, which varies according to the different activities (housing, office, retail, industry). The concentration of activities depends on the mechanisms of urban land rent and explains the differences in economic wealth between areas with high concentration of activities and jobs and spaces with low density. The land rent achieved by landowners will result in a trade-off between proximity and distance to the center that the companies would achieve through the market law. However, these explanations are incomplete to explain the divergent economic paths between territories. In spatial economics, land use is adjusted by the firm according to the level of land use they can put up with. However, this approach lacks of relevance when firms derive economic development from a territory without leading to high land rents or when development becomes a strategic issue for the territory. Thus, the concentration of economic activities and land rent are considered as a way to explain optimal locations, but they do not explain all kind of situations. The explanatory model is both dependent on the availability of data, the homogeneity of space and the modeled behavior of economic agents.In order to provide new explanations, we offer an other theoretical approach that is less econometric and more empirical in order to analyze the mechanisms for moderately dense territories where land is highly coveted by private investors. These territories are those of the Plaine de Saint-Exupéry, a metropolitan interface area of the Lyon urban zone, and Metropole Savoie, an area of inhabited plains between Geneva and Grenoble.Using the notion of territorial resource we consider territorial economy to understand the relationships between land and economic activities. The territorial land resource highlights choices of localization for services and industrial activities. These are structured by cooperative relations involving actors in land development and real estate development, alongside local authorities and companies that seek for local ecosystems that are conducive to the development of their business. They may also seek for institutional and geographical proximity, which are different from the concentration of activities.The territorial resource emphasizes the diversity of development models and specific assets. The development of land use strategies, and the methods of coordination between public and private actors that depend on them, explain the functions of redeployment and interface of land. These two functions refer, on the one hand, to the fact that the land use resource facilitates the transformation of activities on the territory and, on the other hand, that land is a condition for the existence of other resources for activities on this territory. In other words, without an interface, land can be allocated to functions unrelated to the specific assets of the territory. Without redeployability, land will be marketed without consideration for its long-term value, but only for its short-term market value. Based on empirical observations on the Plaine de Saint-Exupéry and on Metropole Savoie, we illustrate these notions and show that public management over economic land use, in particular, makes it possible to reveal territorial land resources at a time when the territories have to invent their own sustainable development path
Ndiaye, Amacodou. "Statut foncier et gestion des terres agricoles au Sénégal." Montpellier 1, 1985. http://www.theses.fr/1985MON10046.
Full textMakassy, Gilbert. "Le droit foncier domanial et de l'urbanisme au Congo." Paris 2, 1989. http://www.theses.fr/1989PA020093.
Full textThis work analyses juridical rules and proceedings enacted in congo to face the urban growth. In view of the extent of the urbanization phenomenon, the congolese authorities have resorted to law to organize the occupation and utilization of space. That is how a town planning law is born in congo. That law is the result of a synthesis of juridical techniques of french town planning law and socialist ideology principles. However it is still embryonic, and must be clarified and explicit on various points. Besides, order that law is still far from being effective. In order that it becomes effective, an efficacious will from the authorities, an adequacy of rules to congolese reality and a decentralization are required
Ziavoula, Robert Edmond. "L'espace foncier de Brazzaville : pratiques juridiques et stratégies sociales." Paris 1, 1987. http://www.theses.fr/1987PA010523.
Full textZiavoula, Robert. "L'Espace foncier de Brazzaville pratiques juridiques et stratégies sociales /." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37610943b.
Full textSaïd, Mahamoudou Le Roy Étienne. "Foncier et société aux Comores : le temps des refondations /." Paris : Karthala, 2009. http://catalogue.bnf.fr/ark:/12148/cb41452201q.
Full textYelome, Épiphanie. "Pertinence du nouveau système de droit foncier au Bénin." Electronic Thesis or Diss., Perpignan, 2022. http://www.theses.fr/2022PERP0039.
Full textThe numerous development challenges oblige African States to “reinvent” and reform the land code they inherited from colonization. This reform has not spared Benin, which is confronted with land insecurity of all sorts. In order to achieve that reform, many steps have been taken. The reform undertaken in Benin gradually led to the advent of the new land code which established a new legal system that governs all land (rural, suburban, and urban). The contradictory procedure of land right confirmation is established in replacement of the former land title and permit to inhabit in order to issue a new (revised and reviewed version of) land title. The adoption of this new legal arsenal has given rise to many questions among the various stakeholders concerning its effectiveness. We have found it necessary to make contribution that can foster its adaptation. The objective of this thesis is to make an extensive study of this new system of land right both theoretically and practically
Regnier, Camille. "Développement urbain et services écosystèmiques : une analyse du marché foncier." Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCG002.
Full textSince the end of the industrial revolution, scientists as well as politicians have been interesting in the questions related to the optimal shape of cities. Initially, a majority branch advocates for a « garden city », with open space and low density. However, the paradigm has turned over time and especially after the rise of new environmental stakes. The public debate is now focused on the need to intensify urban growth and to combat urban sprawl. This raises the question of the validity of such measures and, more broadly, of the design of a public intervention strategy on the land market ensuring urban development compatible with the preservation of the environment. This thesis proposes to contribute to the debate on the optimal forms of sustainable cities by answering the following question: is it possible to reconcile urban development and environmental preservation? More specifically, is the compact city a form of sustainable city? If so, is it the only one? Is the provision of ecosystem services conditioned by the urban structure and, if so, what services and how? Through a micro-economic analysis of the land market, and using the concept of ecosystem services, we propose to answer these questions. In general way, this thesis reveals the following major element: due to the complexity of the link between the different ecosystem services and the interconnections between them and urban development, the conclusions on sustainable city structure can only be done in conditional terms. This result is an invitation to undertake adequate researchs upstream in order to better grasp and foresee the potential perverse effects associated with the promotion of a single form of sustainable city, as is currently the case with the paradigm of the compact city
Temesgen-Jemberie, Chalachew. "Comprendre la formation des prix du foncier agricole en France." Rennes, Agrocampus Ouest, 2014. http://www.theses.fr/2014NSARE038.
Full textThe key question of this thesis is how the agricultural profitability and the cash rental price of farmland could explain the French farmland sales price. The thesis investigates and characterizes the sale market operations, at different geographical levels distinguishing the operators between farmers and non-farmers. The empirical applications are presented in three features. Firstly, the thesis evaluates and measures the agricultural return to farmland using a multiple input-output restricted profit function. The thesis finds that French farmers’ highest willingness to pay to own a prime farmland reaches €12,500 per hectare in comparison to non-operators’ willingness to pay that remains below €4,000 per hectare. Secondly, we examine the bargaining power and competitive behavior of economic agents in local land markets in Bretagne. More than 70% of land sales occur between residents of the same municipalities and almost 80% in the same small regions called cantons. The overall estimation result shows that competition of among farmers prevailed both at canton and municipality level. The price of farmland increases by €489 per hectare and by € 135 per hectare as the market share of farmers among sellers and buyers grows by 50 % in local market. Thirdly, we find that manure load restrictions increase the land price by €1,200 per hectare, in municipalities where the animal effluent load exceeds kg130 of nitrogen per hectare. The increase in price we measure in manure restricted areas is possible because the French farmland sale price below the theoretical perfect market equilibrium price and as the result farmers are stilling willing to pay the highest possible prices and compete which each other to buy land where to spread manure
Rasoloherindraibe, Seth. "Les problèmes d'ineffectivité du droit foncier en milieu rural malgache." Paris 1, 2006. http://www.theses.fr/2006PA010294.
Full textAteba, Bouli Prosper. "Le régime foncier camérounais : du mimétisme et de la crétivité." Nice, 2008. http://www.theses.fr/2008NICE0049.
Full textThe colonial ideology was based on legal doctrines elaborated since the 16th century from the concept of imperialism, which gives room to territorial conquest considered as the legal mode of land acquisition. These territories were considered as not having Masters. Imperialism was mostly cultural. The territorial aspect was not always the main focus of this ideology, which is not the case of colonialism. France and England were colonial empires whereas the United States has mostly practiced an economic imperialism throughout the 20th century. Land was at the center of colonial concerns and a major stake in the development of economic policiesColonization was initially geared at serving the economic interests of the metropolis through the exploitation of the resources found in the lands acquired. Considered from this perspective, land became essential in the implementation of colonial policies for development. Whatever be the techniques used, it was necessary to have a large of amount of territories. The triple colonial heritage of Cameroon will also be affected by different strategies of land conquest worked out by its German, French and English “Masters”, influenced by a Western vision of the development. Development is however not a static concept. It cannot be limited in space and time because the human spirit is in permanent search of innovations. Thatnowithstanding, there are parameters which make it possible to consider a country underdeveloped or developing. The triple colonial heritage of Cameroon will also be affected by different strategies of land conquest worked out by its German, French and English “Masters”, influenced by a Western vision of the development. Development is however not a static concept. It cannot be limited in space and time because the human spirit is in permanent search of innovations. Thatnowithstanding, there are parameters which make it possible to consider a country underdeveloped or developing. These parameters are economic, social, political, cultural and mental. . .
Han, Jingjing. "Le droit foncier chinois : le droit d'usage du terrain d'Etat." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020005.
Full textThe issue of ownership has been a fundamental question throughout Chinese history. Different from what has been established by western legal systems, the private ownership has never been considered as a subjective natural right , not an absolute right. In addition, there exists a contradiction between the market economy and the socialism. The land use right was created under the circumstances aiming to encourage economic development without breaking with the socialist ideology. Therefore, the land use right and the public ownership interact with each other in a very original way. The land use right develops along with the economic demands. In order to extend the protection to private ownership, the Chinese Constitution is amended in 2004. Accordingly, the Property Law of 2007 explicitly recognizes the very nature of the land use right, and offers equal protection to both private ownership and public ownership. It is important to keep in mind that the recognition of such new element in Chinese Property Law raises many legal questions as well as political ones. What are the consequences of governmental land finance? Is there a need to address the issue of ineffectiveness in the protection of land use right against the State? How to respond to the dissatisfaction of the private person whose property is expropriated? All these questions lead us to the conclusion that the land use right is still far from a sac red right. It requests a further extensive reform. In our view, a comprehensive political reform is both necessary and unavoidable
Tulyasuwan, Natcha. "REDD+ et foncier : Une étude de cas de la Thaïlande." Thesis, Paris, AgroParisTech, 2014. http://www.theses.fr/2014AGPT0022/document.
Full textThis thesis aims to provide a comprehensive analysis of de jure and de facto tenure security of local communities in relation to domestic legal framework and a thorough assessment of how REDD+ and current tenure arrangement interacts. Thailand, a country where there is an apparent coexistence of de jure state property and de facto tenure rights, was selected as a case study.There are two primary findings emerging from the study. Firstly, the legal framework with non-recognized customary tenure led to different de facto tenure impacts in different communities. Some communities were found to have their de facto tenure comparatively more secure than others. Secondly, REDD+ could not provide sufficient incentive for the government to expedite tenure clarification. Moreover, the embedded risks of tenure insecurity discouraged REDD+ investment and led to withdrawal of the fund. The thesis contributes to the existing literature on REDD+ and tenure in three main aspects: (1) legal framework and tenure, (2) tenure and deforestation and (3) tenure clarification and REDD+ competing agendas.Policy implications drawn from the study comprise of long-term measures namely comprehensive tenure reform and short to medium-term measures, including re-assessment of government priorities for policy consistency and pilot implementation in form of payment for environmental services (PES) and improvement of REDD+ institutional structure
Tulyasuwan, Natcha. "REDD+ et foncier : Une étude de cas de la Thaïlande." Electronic Thesis or Diss., Paris, AgroParisTech, 2014. http://www.theses.fr/2014AGPT0022.
Full textThis thesis aims to provide a comprehensive analysis of de jure and de facto tenure security of local communities in relation to domestic legal framework and a thorough assessment of how REDD+ and current tenure arrangement interacts. Thailand, a country where there is an apparent coexistence of de jure state property and de facto tenure rights, was selected as a case study.There are two primary findings emerging from the study. Firstly, the legal framework with non-recognized customary tenure led to different de facto tenure impacts in different communities. Some communities were found to have their de facto tenure comparatively more secure than others. Secondly, REDD+ could not provide sufficient incentive for the government to expedite tenure clarification. Moreover, the embedded risks of tenure insecurity discouraged REDD+ investment and led to withdrawal of the fund. The thesis contributes to the existing literature on REDD+ and tenure in three main aspects: (1) legal framework and tenure, (2) tenure and deforestation and (3) tenure clarification and REDD+ competing agendas.Policy implications drawn from the study comprise of long-term measures namely comprehensive tenure reform and short to medium-term measures, including re-assessment of government priorities for policy consistency and pilot implementation in form of payment for environmental services (PES) and improvement of REDD+ institutional structure
Baouche, Fatiha. "L'évolution du foncier agricole en Algérie à travers les réformes." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3007/document.
Full textTalking about the agricultural land in Algeria, is inevitably evoking a historical process in which the land was the main challenge both during the colonization and during the post independence period, where it was the centre of a political and even ideological choice. A whole legal arsenal is introduced during more than 60 years, for the creation and the liberalization of land market, in order to facilitate the land transactions and to realise a land security of farmers to reinforce the access to agricultural land. In Algeria, the land problem becomes crucial. Due to extremely varied raisons and to various degrees, the land lies at the centre of debates and issues. In this research, we focus on the land of agricultural problem in Algeria and the various devices set up by the government since the independence to find a solution to complex question of the agriculture landholding in Algeria, and that, through all the reforms of the self- management to the concession of land in the private domain of the state
Baouche, Fatiha. "L'évolution du foncier agricole en Algérie à travers les réformes." Electronic Thesis or Diss., Poitiers, 2014. http://www.theses.fr/2014POIT3007.
Full textTalking about the agricultural land in Algeria, is inevitably evoking a historical process in which the land was the main challenge both during the colonization and during the post independence period, where it was the centre of a political and even ideological choice. A whole legal arsenal is introduced during more than 60 years, for the creation and the liberalization of land market, in order to facilitate the land transactions and to realise a land security of farmers to reinforce the access to agricultural land. In Algeria, the land problem becomes crucial. Due to extremely varied raisons and to various degrees, the land lies at the centre of debates and issues. In this research, we focus on the land of agricultural problem in Algeria and the various devices set up by the government since the independence to find a solution to complex question of the agriculture landholding in Algeria, and that, through all the reforms of the self- management to the concession of land in the private domain of the state
Adegbinni, Adeothy. "Production foncière et patrimoine socio-cultuel au Bénin : cas des communes d'Adjarra et d'Avrankou." Thesis, Brest, 2015. http://www.theses.fr/2015BRES0086/document.
Full textIn Benin, the urban development of large cities on the periphery is a notorious phenomenon in recent decades, due in particular to increasing their changing populations. This new spatial dynamics results in a change of land use practices and urban sprawl in almost all the suburban municipalities. The land is now producing based on modern rules. But the status of the land in some of these suburban towns, including those with strong traditions Vodoun like Adjarra and Avrankou, raises a question about the influence of urban land production on the socio-cultic heritage. The interest of this research focuses on the issue of coexistence between indigenous land practices, looking to maintain itself, and the requirements of a modern land, which has some difficulties to be generalized. The results of our research allow us to determine the existence not only of a certain complicity between the two practices but also sometimes tensions and even confrontations between tradition and modernity. Modern land realities have been able to invest Avrankou and Adjarra area, high customary land practice, through the introduction of a land market arising from registration made especially administrative subdivisions, without managing to win in this locality. The presence of modern land tenure practices in this area was mainly facilitated by its geographical position, which makes it the receptacle of urban Porto Novo surges , resulting in a half countryside , half suburban (or urban ) next to this metropolis. Meanwhile, customary land tenure practices, although resistant face of modernity, experienced enormous changes, sometimes leading to the disappearance of certain land representations. While in the past, '' land '' (whole earth) and '' lands '' (space housing the gods) are perceived as sacred, this character seems now reduced in favor only "sacred lands", which are maintained thanks to the existence still of the belief in traditional religion. The "sacred lands" were not swept away by urban pressure, even if their spatial extent is strongly affected. Instead, they helped to slow, in many places, urbanization in its race to the consumption of space, creating a mixed landscape with interfering in the urban fabric tradition and modernity. This suburban area, which has the benefit of combining the influences of modernity and tradition, reveals, against the grain of mainstream thinking, instead of opposing, customary and modern land tenure systems tend to combine, creating a new situation
Delahaye, Olivier. "Politiques foncières, luttes agraires et marché foncier au Venezuela (1958-1990)." Paris 1, 1993. http://www.theses.fr/1993PA010715.
Full textThe thesis examined venezuelan landmarket, as the principal determinant of agrarian evolution, notwithstanding land policies applied between 1958 and 1990 emphasize agrarian reform and creation of little farms. An analysis of sale's acts shows that commercial farmers constitute, in a formally illegal way, but locally tolerated, middle sized tenure on agrarian reform's land. The agrarian reform became an esencial program for landmarket developpment. This market has been the first regulator of land tenure, and of land use in agricultural production, nowithstanding agrarian reform land represents half of farm's land. Buyers are less and less farmers, and more and more merchants and graduates from unviversities with urban residence. The land privatization has become a difficult process, because agrarian reform and access to land has been an esential base of clientelism of country prevailing parties
Belko-Maiga, Garba. "La Politique foncière au Niger : causes et conséquences des affrontements entre urbanisme périphérique et système foncier traditionnel à travers l'exemple de Niamey." Paris 4, 1985. http://www.theses.fr/1985PA040088.
Full textSerre, Marion. "Le tiers foncier : ressources, controverses et expérimentations : l'exemple de la ville de Marseille." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0427/document.
Full textThis research questions the inconsistencies between form, regulatory status and use of land, more precisely of freehold. These inconsistencies can create abandoned and neglected spaces. The persistence of this phenomenon demonstrates the necessity of inventing new words to define new mechanisms. In this perspective, I introduce the notion of tiers foncier (third freehold), which can be defined as a transitional state of land, evading the standards established in the regulated city. To define the tiers foncier, I analyzed its forms, status and uses, in the center and the periphery of Marseille. The comparison highlights singular situations: morphological, regulatory and social, in relation to the context (territory and actors). This analysis, based on an intensive (6 cases) and an extensive (scale of Marseille) survey shows that the tiers foncier is marked by several issues: precarious habitat, collective space and biodiversity. In parallel, I analyzed power relations, negotiations, strategies, tactics, and initiatives in these contexts. On this basis, I have been looking for ways of acting on the tiers foncier. For that, I chose to develop action research processes and to analyze their effects. It shows how and why the tiers foncier can be an opportunity to experiment participatory projects or, on the contrary, how and why such efforts failed. This research identifies the tiers foncier not as an empty space to fill up, but as an element of the city which supports an informal urban development. Finally, a major challenge of the tiers foncier is to explore how to allow the development of processes of appropriation, without reducing the margins of manoeuvre of citizens
Boche, Mathieu. "Contrôle du foncier, agricultures d'entreprise et restructurations agraires : une perspective critique des investissements fonciers à grande échelle : Le cas de la partie centrale du Mozambique." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111018/document.
Full textThe growing demand for food, energy and natural resources, combined with the limited stock of natural resources available and the process of trade liberalization are among the factors that have triggered a new rush for land observed in the last years. Despite an extensive literature, most analyses of large scale land based investment are politically and ideologically anchored, reflecting strong opposing stances. On one hand, some have expressed some concerns on the potential implications of these projects on peasants’ land rights and livelihood. On the other hand, some other researchers have argued that these projects should be seen as opportunities in the struggle for food security and rural development. This thesis questions the economic, social and institutional complexity of large scale land based investment including their differentiated evolutionary dynamics and implications in terms of agricultural development and agrarian change in Mozambique. Because of a high failure rate and difficulties to establish the production structures, it appears that large scale land based investments haven’t led to a shift from small scale farming to large scale farming as the main farming organization in Mozambique. However, the rising interest of foreign investors tend to influence national authorities in rehabilitating the post-Independence agricultural development model, which was characterized by a dual system composed of marginalized subsistence farmers on one hand and foreign owned large scale farms. So, not only do smallholders benefit little from present agricultural investment dynamics, but also agricultural policies and support measures tend to shift away from the former towards the facilitation of large-scale investment. Our results questions the capacity of actual large scale land based investments to trigger a trajectory of agricultural development able to meet African economies challenges
Meiller, Éric. "Contribution à la théorie des servitudes : une approche objective du service foncier." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_meiller_e.pdf.
Full textIn modern science, there is hesitation about the nature of easements or servitudes. Following the traditional opinion, servitude is a real right, a dismemberment of property. More recent works consider servitude as an obligation between neighboring owners. Nevertheless, none of them are right. Comparative law and historical studies may provide useful insights into this question. European laws share a similar core about servitudes. Everywhere, even in Common law, the fundamental rules regarding easements have their roots in Roman and Medieval law. Then, a contemporary theory of servitude must be inspired by those old conceptions inherited from the past. French servitude is best described as an incorporeal hereditament - the way it is defined in common law - or as a burden over property - the way it is defined in some continental laws, especially in Swiss law. For that matter, the French Civil Code says explicitly that servitude is a “charge”, that is to say a burden. And, by saying servitude is “immovable by object” and a “modification of property”, the French Civil Code considers implicitly servitude as an “incorporeal hereditament”. But these ideas are usually misunderstood by French lawyers. Servitude is a condition running with the servient and dominant lands. For the burdened property, servitude is a restriction on the use of land. The theory of dismemberment is wrong, because the dominant land does not derive any sort of ownership over the servient land. Servitude isn’t an obligation either. Servitude is an interest in land, that is enforceable against everyone, and that continues even if there is a change in the ownership of the land
Faure, Armelle. "L'appropriation de l'espace foncier : une étude d'anthropologie sociale en région Bissa (Burkina Faso)." Paris, EHESS, 1990. http://www.theses.fr/1990EHES0019.
Full textAndrew, Nancy. "Réforme agraire et dynamiques sociales du conflit foncier dans les campagnes sud-africaines." Paris 5, 2005. http://www.theses.fr/2005PA05H020.
Full textThe thesis explores the dilemmas behind South Africa's politically-strained process of landreform since 1995, by looking at rural social conflict : by looking at rural social conflict : African women's limited access to land, the precarious situation of farmworkers and labour tenants, large numbers of whom were evicted from the white-owned farms in the face of potential land rights, and the painfully slow land restitution programme. Crucial areas of debate are presented : how much capitalism has transformed agrarian social relations, sharp differences over the goals and market approach of land reform, its targets and poor results, as well as the major structural hurdles facing the ANC in the context of the 1994 social compromise. How to handle the paradox of democratising a property system that anchored apartheid but continues to underpin the current economic order? A comparison with Zimbabwe's controversial fast-track expropriation after 2001 concludes the study
Bourmouche-Yacoubi, Fatiha. "Le droit, le foncier pastoral et les sociétés Tamacheq : entre ignorance et reconnaissance." Paris 1, 2004. http://www.theses.fr/2004PA010267.
Full textNguyen, Leroy Marie-Lan. "Les enjeux du foncier au Vietnam à travers la nouvelle réforme de 2014." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020064.
Full textIn recent years, land issues in Vietnam are the main subject of complaints received by state institutions. Between abusive expropriation, vagueness of land allocation and agreement with the private sector, wide spread protests have arisen around land management procedures.In this context, a new land reform came into force in July 2014. This law aims to reconcile multiple objectives that may appear a priori contradictory: to ease tensions related to land, while intensifying the exploitation of land resources to achieve the goal of becoming an industrialized nation by 2020, as declared by the Vietnamese Communist Party.However, the real issue of the new law is not legal, but political. Land tensions today are of such magnitude that the lack of response by the ruling class would correspond to an admission of failure in its mission to manage land resources. The National Assembly’s intervention did not take a form of a more stringent regulation of land management. The response given by the authorities is the self-regulation of land stakeholders
Kaled, Said. "La fragilité du droit foncier comorien à la lumière de la pluralité des droits." Thesis, Perpignan, 2014. http://www.theses.fr/2014PERP1198.
Full textThe Comoros is an archipelago of four islands in the Indian Ocean at the northern entrance of the Mozambique Channel. It was a French colony until 1975 when it gained its independence. The mix of applicable legal systems seems to be the origin of the legal and institutional stagnation gripping the country since its independence. Indeed, both Muslim and French legal systems have been superimposed local traditional law. Initially, these systems were merged into local practices, but will thereafter be considered that these customs can not coexist with the institutions of a modern state. But recent history shows that ignorance or contempt for tradition and its system of social regulation undermines social reforms introduced by the prosecution because it has no support from society. Comorian land law is also facing this legal pluralism. Itis the origin of land conflicts that plague society. The villagers, families and even the state are at the center of these conflicts. The judiciary is supposed to adjust paralyzed by its complex organization, its lack of resources, but also by widespread corruption. The lack of a unified positive law contributes to legal uncertainty. Several failed attempts to stabilize since the colonial era, but recent reforms, such as the OHADA legislation and that relating to the Judicature (Act No. 05-016 / AU), have a sign of hope
Barrière, Olivier. "Gestion des ressources naturelles renouvelables et conservation des écosystèmes au Sahel : le foncier-environnement." Paris 1, 1996. http://www.theses.fr/1996PA010299.
Full textThe objet of the study is related to the research on a coviability between humans and ecosystems within a sahelian context whose environmental, socioeconomical and political data have deeply evolued since at least twenty years. An approach based on the anthropo-juridical study of the various exploitation systems and their interactions infers the fundamental imbrication of the land (defined as the substrate support of the biotic elements and the ecological process) and of the environment (composed in particular of the renewed resources as stakes of power relations). This approach in environmental law is made from a methodological attitude taking into account three observation scales : the village territory, the province and the region. Constituing the binomial spaceresource as unit of observation and as operative concept in every scales, it explores the relation man-natural environment by decorticating the land tenure frame of each of the exploitation systems taken individually and in interaction with the others. The aim is to think the principles of a right considering the interactions which weigh on the behaviour of individuals, on their decision and their action in terms of management of natural resources and which integrate the necessity of the longterme coviability of the biodiversity and of the cultural diversity. This right should constitute a change lever and allow to move from the conflicting and disorganized situation that the analysis of the social structures shows to a juridical situation where the liberty margin of the social actors and their respective responsability shares are clarified in accordance with the rights they have on the space-resources and in which they must be, in other respects, secured
Elosua, Lopez Miguel Angel. "Un régime de propriété aux caractéristiques chinoises : droit foncier du sol collectif et urbanisation." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH198.
Full textIn China, land rights have always been a central concern for the Chinese Communist Party (CCP) since it came to power. The system of collective land property rights has undergone multiple changes since the arrival of the CCP to power. During the first few years after the economic opening the liberalisation of the rural land market brought about high rates of economic growth to the Chinese countryside. However, since the end of the 1980, and especially since the 1990 with the ban on the transfer of rural land and the increase of the speed of urbanisation, it has coexisted with an urban land rights system where land has been progressively liberalised. In urban areas there is a thriving market in real estate that has contributed greatly to the robustness of the economy and the welfare of urban residents. This has thus led to the increasingly less peaceful coexistence of two diametrically opposed systems of property: a system of collective ownership with socialist characteristics and a quasi free-market system where land can be transferred, leased, or used as collateral, exploiting its inherent value.Behind the rural land policy of the CCP is the ideal of common prosperity. However, after more than thirty years of rapid economic development, a salient feature of China’s rural areas has been the common poverty of the farmer class as a whole. The economic gap between the rural and the urban has not ceased to increase. The author argues that one of the main causes of this urban-rural gap lies in the dual system of land property rights, which has proved to be flawed, as farmers have been deprived from exploiting the value of their most precious asset: land. This is illustrated through the analysis of the emergence of new phenomena linked to land development, such as minor property rights and urban villages, which show the lack of adaptation of the land property regime to the new socioeconomic circumstances that prevail in China today.In order to test his assertions the author makes an historical analysis of the formation of the dual system of land property rights since the arrival to power of the CCP. Likewise, the author identifies the main flaws of the dual property rights system and put them in relation with the existing rule by laws in China, which serves as its framework. Finally, in order to illustrate his hypothesis the author draws on two study cases carried out in the municipality of Chongqing.Therefore, the author advocates reforming the dual property system, and more specifically, land-use rights concerning rural construction land. The author uses a comparative perspective borrowing from European Union’s property rights systems as a reference, to devise certain aspects that could be used by Chinese law makers as a reference for an eventual reform
Lespinay, Charles de. "Territoires et droits en Afrique noire : essai d'anthropologie du droit foncier en milieu rural." Paris 10, 1999. http://www.theses.fr/1999PA100050.
Full textMoulai, Ghislaine. "Nouvelle approche juridique du foncier au Bukina Faso en cours de décentralisation : la nomosynthèse." Paris 1, 2003. http://www.theses.fr/2003PA010296.
Full textVéran, Jean-François. "Rio das Rãs, "Terre de Noirs" : entre "marché ethnique" et conflit foncier au Brésil." Paris, EHESS, 2000. http://www.theses.fr/2000EHESA062.
Full textPeignot, Bernard. "Les Opérations de rétrocession effectuées par les Sociétés d'aménagement foncier et d'établissement rural, SAFER." Lille : A.N.R.T, 1985. http://catalogue.bnf.fr/ark:/12148/cb361056843.
Full textMoudden, Imane. "La propriété de la terre en droit marocain. : Tradition et modernité d'un système foncier." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0093.
Full textThe land system in Morocco is marked by the coexistence of two regimes. The first is atraditional one and has its origins in the Muslim law and local customs. The so-called modern"land registration system" was introduced in 1913 and originates in the Act Torrens Act ofAustralia following the name of its author Sir Robert Torrens "Registra" General of Australia.This modern law was intended to guarantee the right of ownership.The cohabitation and the amalgamation of the traditional and the modern law make it a richfield because of its originality and complexity.Thus, the land regime in Morocco presents an extraordinary diversity of statutes that havebeen established throughout the country's history and some of which do not provide thestability and necessary guarantees to undertake investments in the long term: Melk lands,collective lands, Guich lands, Habous lands, Crown lands and registered lands.This diversity and complexity of statuses present an obstacle to the development of thecountry.The direction of the current evolution suggests, in the near future, a unified and simplifiedland tenure
Persyn, Nicolas. "Mobiliser et maîtriser le foncier pour le logement : outils et pratiques en agglomérations moyennes." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010660/document.
Full textThe current French housing crisis rises the question of land production for housing development. Local authorities are often considered as the major responsible for the land unavailability, because of their lack of means or of political will, or because of bad scale coordination between local decision-makers (municipalities/multi-municipal administrations). The thesis addresses this view through an empirical study. We analyse practices and strategies of local authorities (municipalities and multi-municipal administrations) in favour of land production for housing development. This analysis applies to medium-sized agglomerations, the Pays Voironnais (Isère) and the Beauvaisis (Oise), which need to stimulate residential and economic development while facing local resources decrease. We find varied municipal profiles (urban suburban, rural) in those territories, which may influence the perception of land issues. Comparison is made with a Dutch case (Nijmegen). For our empirical analysis, we inventory all municipal interventions in land and property, in order to identify the levers (tools, procedures) that supports the land production and the control of housing projects. This method allows us to redefine the outlines of what is actually a land policy, taking into account the diversity of experiences and practices of local authorities. This work questions the obstacles and incentives of local land policies and gives sense to those practices that are rarely expressed as public policies
Moulaye, Mohamed. "La décentralisation dans le cercle de Gourma-Rharous (Mali) : études de cas des communes de Rharous, de Gossi, de Bambara Maoudé." Thesis, Aix-Marseille 1, 2011. http://www.theses.fr/2011AIX10220.
Full textDecentralization appears as one of the answers to the crisis of the governing of the state of Mali and as a compulsory condition to the rootedness of democracy and development.They had to find a solution to the quest of a greater autonomy in the management of their affairs that some regions of the country expressed -sometimes violently- even going as far as evoking the eventuality of a secession (Touareg revolt in Mali 1990-1996).The management of the revolt in Mali has given birth to decentralization. This one will have the prerogative of the management of the land through the new territory authorities.The traditional District officers are bound to a non-judicially established distribution of the land –causing usual actual occupations which involve endless disputes between owners (first occupants) and today’s occupants.The problems between the devolution and the land property lies in a very little clear management of the local authorities and of the arbitrary allotment of the meadows, the different growing of cram-cram, of fonio, of the rice-fields, of the grazing-grounds, of the water...The land laws ignore the judicial principles of the local land systems and leave the major part of the rural populations in a state of great precariousness and often of illegality regarding the government.They are a source of conflicts that can’t be solved in a permanent way because of the numerous arbitration authorities (customary-administrative-judiciary).Such institutional choices are mainly political choices.Through this study we intend to show the importance of the land in the process of decentralization, at the interface of ancestral rights and new rights brought about by decentralization and the problems that proceed from it
St-Pierre, Sébastien. "Étude de l'effet de la qualité métrique de représentation sur la fiabilité du registre foncier." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape8/PQDD_0007/MQ42020.pdf.
Full textBoinon, Jean-Pierre. "Comportement des acteurs du marché foncier et formation du prix des terres agricoles en France." Dijon, 1991. http://www.theses.fr/1991DIJOE005.
Full textThe target of this research wasto understand the deciding factors of land market in france. Economic theory tells us that the value of land is determined by the ratio of economic rent to the rate of capital interest. For understanting the formation of land prices in france, this thesis analyses the strategy of the buyers and sellers of land market. The organization of the production in agricultural sector necessitates to join property of land to property of capital. So, farmers are become the principal buyers of land. Real estate is not only the right to collect a rent, but also a product factor which enters in a product fonction with other product factors. We show importance of the legislation which allows tenant farmers to profit by gains of productivity obtained with their investments. The increase of french agricultural productivity between 1945 to 1975 had for result to create an intensive land rent appropriated by farmers. The crisis beqinning about 1975 results from saturation of agricultural product market and increase of agriculturalcosts of productions. Investments in agriculture have declined and productivity did not increase. The result was a fall of the price of farm land in the 1980's