Dissertations / Theses on the topic 'Histoire du droit international privé'
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Billarant, Serge. "Le caractère substantiel de la réglementation française des successions internationales : (réflexions sur la méthode conflictuelle)." Paris 1, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098880.
Full textSiri, Luc. "Les conflits de lois du XIIe au XVIIIe siècle." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020063.
Full textThe conflicts of laws of the twelfth at the eighteenth century. The study of the conflicts of laws and of the methods of their resolution allows to apprehend the birth of a new legal science: the international private law. This study shows how starting with the twelfth century, doctrine seized of this problematic throwing systematic of the lex fori application and interrogating themselves on the applicable to the subject stranger law. Of this born reflection east a first distinction enters the disposition ad ordinandam litem and the disposition ad decidendam litem. The first stays the lex fori, while the second gives the appropriateness to the judge to use a foreign law ; the theory of the statutes was born. Under the influence medieval French lawyers, the categorization of the different norms according to their object becomes the base of this new legal science. Strongly this progress, Bartole held a systematic of rules compiling resigned conflicts of laws without in fact seeing its work picked up again by the practical. Indeed, the study of the practical reveals that the universal formation of the international private law considered by the medieval doctrine does not correspond necessarily at the politics organization of the States in construction. Also, from the fifteenth century, the French consider a national system of resolution of the conflicts of laws compatible with the assertion of the sovereignty of the modern State. This training led to the eighteenth century, a French systematization of the theory of the statutes. Two categories of laws subsist: the real statutes and the personal statutes. But from now on the filing of the norms themselves realise ab effectu and not more according to the object of the statutes. This last apprehension of the conflict of laws call an inclination of the traditional approach, carrying on the object of the law towards one approaches more modern, carrying on the effect of the norm and the circumstances of the conflict
Acosta, Joaquin Emilio. "La constitutionnalisation du droit colombien des contrats : contribution à l'étude du droit transnational des contrats." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0274.
Full textTraditionally, the law of contracts of Romani tradition has basically had its source in the law and in particular in the Civil Code. Thus the contracting parties had a great deal of legal discretion, since most of the laws governing contracts had a residual character of the individual will. However, this primacy of the legislature has been limited by the promulgation of the post-war Constitutions. Indeed and incontestably, human rights are the fashion, and this vogue leaves its imprint in the law of contracts. From now on, it is no longer possible for the legislator to violate certain principles having constitutional value. Moreover, this system allows the contemporary constitutional judge to annul statutory provisions that violate such imperatives. Similarly, the guardians of the new constitutions give themselves the power to indicate the interpretation that ordinary judges must adopt of the legislative texts. In this way the constitutional judge becomes an important actor of contract law in the Romanist family. Thus, an event marks a new stage in the development of private contract law: its constitutionalization. This new episode gives rise to the debate on a possible questioning of the contractual civil order
Ancel, Baudouin. "Lois de police et ordre public dans le droit des conflits (XIIe siècle-XXe siècle) : genèse et réception de l'article 3, alinéa 1er du Code civil." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020043.
Full textThis research aims at shedding light on the historical background of the avatars of two mechanisms now integrated into the French system of private international law: lois de police (i.e. overriding mandatory rules) and (international) ordre public (i.e. public policy). Both share the common feature of opposing the normal interplay of choice-of-law rules and rely on Art. 3, para. 1 of the 1804 Civil Code. Preventing by pre-emption infringements of utilitas publica vel communis or reacting to them by eviction from the normally applicable law, these two types of norms have emerged from a common history beginning with the antecedents of prohibitive and territorial statutes identified by medieval romano-canonical commentators. Then members of the Dutch and French Schools adapted the two concepts to the prevailing hypothesis at the end of the Ancien Régime, that of conflicts of sovereignties. In 1804, lois de police and ordre public were collected in the French Civil Code. Thanks to the joint work of scholars and case law, on the one hand, and to a reaction to the hybrid notion of lois d’ordre public that emerged over the next century, on the other hand, the distinction between the two concepts was made possible at the turn of the 19th and 20th centuries. As conflict of sovereignties declined, leading to a loss of interest in public law, or even in criminal law, and as a more private-law-driven representation arose, without ignoring, however, growing state interventionism, the distinction has been confirmed between the two concepts: lois de police or d’application immédiate, promoting the utilitas communis, and exception d’ordre public, defending fundamental values
Lu, Shenghui. "Contrats internationaux en droit international privé chinois : comparaison avec le droit international privé français." Paris 2, 2001. http://www.theses.fr/2001PA020037.
Full textStark, Laure. "L'internationalité en droit international privé." Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCF005.
Full textInternationality is a central concept of private international law, which has however never been clearly defined. The construction of Europe and the several phenomena of despatialization brought about by globalization have made it even more difficult to grasp by introducing a differentiation between European and truly international situations and by partially calling into question the spatial localization of certain legal situations, qualified as transnational or even anational. The definitional difficulties that have always affected the notion of internationality are today gaining in visibility and importance as a result of the increase in the number of international situations. In this context, we first propose certain solutions to the most common problems of apprehension of internationality, as well as the adoption of a functional approach to the concept, which makes it possible to define its contours with satisfactory precision. Secondly, starting from the observation that the existence of internationality triggers the application of the rules of private international law, which lead to a legal regime that is often different and more favorable than that reserved for internal situations by domestic law, it is shown that this difference in treatment resulting from internationality is not always justified, in that it is not driven by the needs specific to internationality. Similarly, the appropriateness of establishing a legal regime specific to European situations as compared with truly international situations is partly questioned. With regard to the influence of European regionalization and despatialization on the regime of international situations, we finally partially question the appropriateness of the establishment by EU-law of a different legal regime for European situations and truly international situations, on the one hand, and conclude that the current methods of private international law are adequate to regulate transnational situations, on the other hand
Reynaud, Pascal. "Droit d'auteur, droit international privé et internet." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30003.
Full textThe thesis is concerned with the application of the rules of private international law to copyright and internet. The text is devided up into two sections: the protection can be granted under the provisions of the law of the country of origin of the work for some questions or under the law of the protecting country for others. The country of origin shall be considered to be where the work is first published. Under french law, the definition of publication includes the first communication on the internet. On the opposite, the Berne Convention excludes from the definition of publication the first communication on Internet. The first publisher on internet may be the person who creates the work or the person who makes the necessary arrangements for the making of the first publication. The country of protection is concerned with two main issues. First, the question of juridiction in case of infringement and contracts in relation of the exploitation of works on internet, specially juridictional issues in relation to European Community right. A person shall be sued in the courts of the state of his domicile or where the harmful event occurred. The main problem is to identifie the place of the event giving rise to the damage, (the place of transmission), and the place where the damage occurred in the case of multi-state communication through the internet, (the places of reception). In all the cases the impact of the decision of the court should be broad in relation to the scope of the communication on internet. Secondly, the choice of the law must be determined, in principle, by the law of the person who makes the necessary arrangements for making the transmission. In the case where the national law is not compatible with the standards of international conventions on copyright, the choice must be the law of the forum
Vareilles-Sommières, Pascal de. "La compétence normative de l'Etat en matière de droit privé, droit international public et droit international privé." Paris 1, 1992. http://www.theses.fr/1992PA010261.
Full textGiven a private law relationship, does the question wether a state has jurisdiction to regulate this relationship find answers in public international law, and if so, what is its substance ? state jurisdiction to regulate private law relationships is essentially regulated by private international law, which provides for jurisdiction to adjudicate (conflict of jurisdiction rules) and, rules of jurisdiction to prescribe (conflict of laws rules). In order to have an influence on the answers to questions implemented by this rules, public international law might either deprive them of efficacity by substitution of real internationalrules of jurisdiction, or prescribe to states which enact them to comply with some conditions of lawfulness. A quest on international prescription bearing on state jurisdiction in private law matters shows that international law does not contain in itself real rules of jurisdiction, but that it just regulates the way the states implement both their own jurisdiction and the jurisdiction of other states. The content of this regulation can be reduced to the principle of non-intervention of states in domestic affairs of other states. That means that international law forbids a state to challenge independance of another state in taking its place as a legislator or judge of all or a substantial partoi private law relationships belonging to its jurisdiction. A state which violates this principle would have to deprive of efficacity unlawful norms, according to international law of states responsibility ; the lawfulness and afficacity of these norms could even be challenged by third-states
Escudey, Gaëtan. "Le couple en droit international privé : contribution à l’adaptation méthodologique du droit international privé du couple." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0301/document.
Full textThe liberal influence in Family Law and the rise of individualist ideology have led to a multiplication of conjugal life forms and considerably increased the diversity of laws and methods applicable to couples in International Private Law. To analyse couples under International Private Law leads us to rethink the International Private Law of the Couple. Deconstructing this subject brings to light the current non-adaptation of the classic conflict of laws method and the insufficiency of the recognition approach. In fact, current International Private Law as it pertains to couples neither guarantees the international recognition of theconjugal bond nor ensures a coherent legal treatment of legal problems faced by international couples. It is therefore necessary to examine a possible methodological evolution of thesubject. This study aims to demonstrate that it is possible to adapt the classic conflict of lawsmethod by taking into account the objectives of the recognition approach whilst founding iton the lex auctoritas rule. This would not only bring better coherence to International Private Law of the Couple but it would also assure a real legal stability for international conjugal relationships
Ruet, Laurent. "Les créances en droit international privé." Paris 2, 1989. http://www.theses.fr/1989PA020102.
Full textClaims may be linked to three elements, that is the origin of the private right, or either the debtor or the creditor, who are rivals, and the situs of claim, wich is subsidiary. The author is biased in favor of the law of the debtor's domicile of the typical service charge. The field of this law all the more important than on recedes from the moment when the debt started be it before or afterwards. Exceptions are howener unavoidable be it for the definition of the law quated above or the field of the latter
Rasoarahona, Yves. "L'adoption en droit international privé comparé." Toulouse 1, 1986. http://www.theses.fr/1986TOU10013.
Full textThe "national" adoption, "institution in euphoria", from the end of the first world war until the end of the sixties, has been, in the European and the North American countries, the victim (one of the rare ones) of the evolution of morals and the so-called social laws (about contraception, abortion, assistance to single parents). However, there is a paradox: the number of the candidates adopters, in these countries, is increasing. That is why the euphoria for the "substitute»: the "international" adoption. This multiplication is also one of the consequences of the awareness, in such countries, of human distress in the "other" world, of the means of communication and transport development, of the populations mobility. If there is a "common fund" of international legislations (civil laws on adoption) in the European and North American countries, nevertheless the private international laws are diverging, as regards the solutions to bring to the multiple problems set by the international adoption. However, a kind of classicism of "common fund" in the way of meeting these different problems has been reached. Has this classicism of the different private international laws in general, and those of adoption, in particular, been influenced, and to what extent, by the wave of ideas, of "new" approaches, invented since the end of the second world war, ideas, methods, in order to solve the problems set by the international private relations. International adoption has been, and still is, the battlefield on which are confronted the national juridism (the private international law is a national law) and the basically human, "emotional" nature of adoption, and on which are confronted the classicism and the "new" ideas. These two struggles seem to be a single one
Barba, Maxime. "La langue en droit international privé." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3031.
Full textLanguage is a challenge for private international law in contentious and non-contentious matters. In the international civil proceedings, the creation of new jurisdictions (as the CICAP in France, the BIBC in Belgium, etc.) shows the inadequacy of the French traditional system, which revolves around the exclusive use of lingua fori. Another language regime, giving a key role to the litigants’ language (lingua conveniens), may be contemplated. Regarding the requirements for a fair trial and the competitiveness of French state justice, such an evolution seems desirable. This thesis studies the reasons and the means for a (r)evolution towards the parties’ language. In the procedural relationship between the parties, this evolution could be inspired by the right of refusal on grounds of language introduced by the Service Regulation No 1393/2007. In the relationship between the parties and the judge, inspiration could be found in a comparative approach – with forum non conveniens on grounds of language – and in international arbitration law – which commands the arbitrator to determine the linguistic gravity center of the dispute when the parties did not choose a specific language. All relationships considered, the hypothesis of a contractualization of the proceedings’language will be put to the test.In international private deeds, a similar evolution in favor of the parties’language can be suggested. De lege lata, linguistic freedom normally prevails: the parties have to choose the language, thus taking the responsibility to be acquainted with it. This freedom is however limited by the linguistic regulations, intended to discipline the use of languages in international private deeds, particularly those involving a weaker party (consumer, worker, etc.). The analysis of those regulations points out their teleological ambiguity, since the legislator did not choose between protecting the language (public interest) and protecting the individuals (private interest). This hesitation has large implications in private international law – the qualification of overriding mandatory provisions can be discussed – and in primary European law – the compliance of those regulations with European freedoms of movement can be questioned. This study aims at underlining this hesitation and outlining possible solutions. From a liberal and prospective approach, the repeal of linguistic regulation of international private deeds could be defended, or de minimis its technical adjustment to the sole benefit of the weaker party – given the idea that an intervention on a linguistic level concerning private deeds must be harnessed to contractual justice and not cultural protectionism. From a less liberal approach, the legislator’s linguistic interventionism to defend its language, while recognized in principle, will have to be, at least, reconsidered in its means.In private international law, in civil proceedings as in private deeds, this thesis offers to generally bring back linguistic issues in the sphere of control of the parties
Bidaud-Garon, Christine. "L'état civil en droit international privé." Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/in/theses/2005_in_bidaud_garon_c.pdf.
Full textThe civil-status belong to these " formalities " that everyone know he must do when birth or death happens or else he wants to get married or to recognize a child. Meanwhile, we must not forget that they are official documents written on a State behalf. They are used by people in order to prove there status and to have rights that follow from it (nationality, residence permits, social rights. . . ), but they are a way of controlling people identity and regular acquisition of these rights by the State too. This duality of nature and interests, as well as the existence of extraterritorial authorities and the development of the fraud in this matter engender lot of consequences on the international private law applicable to civil-statues, both in apprehension of foreign elements and in receipt of foreign civil-status in French legal order
Hallier, Cécile. "La connexité en droit international privé." Nice, 2003. http://www.theses.fr/2003NICE0033.
Full textThe question : The related actions, protean concept, concerns both the form and the substance of law. The effects at the stage of the execution of the judgements reveal the interest of the notion: the existence of a risk of contradictory decisions questioning the international legal security. Handled in a indirect way in the international order through its effects, the notion does not offer a solution corresponding to its nature. From then on, it was necessary to envisage the method under a new angle: the function of guarantee at the same moment within the legal operations and in the good administration of the justice. This entails taking into account the coherence from the arising of the dispute to integrate it into the method of resolution of the private international law and restore its effectiveness. On the theoretical plan, the interest of a direct treatment of the notion of related actions allows to notice not only its compatibility with the objectives of harmonisation and co-ordination of the private international law but also the positive action which it can exercise in this domain
Devers, Alain. "Le concubinage en droit international privé." Lyon 3, 2002. https://scd-resnum.univ-lyon3.fr/in/theses/2002_in_devers_a.pdf.
Full textGautier, Pierre-Yves. "L'union libre en droit international privé." Paris 1, 1986. http://www.theses.fr/1986PA010254.
Full textCohabitation is a way of life often used by couples within our contemporary societies. Consequently, we have to wonder if it has to be considered as a full juridical institution ; comparative law helps to think so. Then, we shall have to create the correspondent category within private international law, which will share with marriage its territorial links. At last, many issues (ex. Family law, inheritance, contracts, torts, goods, and so on. . . ) will have to be resolved
Pampoukis, Charalampos. "L'acte public en droit international privé." Paris 1, 1990. http://www.theses.fr/1990PA010251.
Full textThe term "public act" defines acts which have accomplished from public authorities. According to the function assumed by the public authority and the scope of its participation in the frafting of the act, we may distinguish between the "decision" and the "quasi-public act". The method of recognition has as object the conditions under which the effects of the foreign public act will be accepted in the requesting state. Accordingly the nature of each norm has to be submitted to an appropriate control. That is known as the principle of specificity. The examination of the particular problem of recognition of foreign "quasi-public acts" illustratest this thesis
Callé, Pierre. "L'acte public en droit international privé." Caen, 2002. http://www.theses.fr/2002CAEN0069.
Full textLaurichesse, Céline. "La grève en droit international privé." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD008/document.
Full textThe development of the strike in the international order can appreciate richness and diversity of the collective expression of workers, it also increased competition from different national laws. The absence of a regulation reflects the difficulty of controlling the legal concept and it creates a conflict of laws and courts. The need for the adoption of rules of conflict, which determines the law and the competent court, has therefore become necessary to provide an answer to this conflict problem. The character of the fundamental right to strike, however, requires to be special protection when its value is questioned by an authority designated by the conflict rule foreign law. As such, the conventional public policy exception allows oust usefully foreign law contrary to public policy. The requirement of the presence of links relevant connecting with the legal order and a certain degree of gravity of the alleged violation of the fundamental right to strike ensures a weighted intervention public policy exception. It constitutes an effective means of protecting the right to strike while remaining a mechanism whose intervention is exceptional
Billaud, Stéphanie. "La légitimité, du droit interne au droit international privé." Paris 1, 2004. http://www.theses.fr/2004PA010296.
Full textAdouko, Anoh Bernard. "Le droit uniforme africain et le droit international privé." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40051/document.
Full textEither uniform law is seen from the point of view of the private international law or either one assesses the impact of the communal vision of uniform law on the evolution of private international law of member states, the interactions between African uniform law and private international law can all be summed up as follows. A mere unification of laws between some states is not enough to eliminate or solve conflicts of laws and all the difficulties brought about by foreign origin element, such as jurisdiction disputes, foreigners legal status,… The reasons of this situation are that the unification of law (content and procedure rules) has never been total because some indomitable points may prove to be insurmountable at the level of the drafting of uniform rules, but also because the unification of laws can deteriorate further on during its implementation due to various factors. Therefore, the supranational lawmakers have often had to back up the uniform content rules with the uniform rules of private international laws. This leads, in the African uniform law to the emergence of a private international law with a communal origin. The private international law deriving from African uniform law will also be specific in its conception, its methods, its tools or instrument, even if to some extent, it shows some classicism. This is because the private international law deriving from the African uniform law has been fathered by a law which is specific in itself because it stands between international and home law, between public and private law. Its advent has upset the basics of the international home law of member states but also the basics of the private international law itself. However, this private international law which is still in its gestation period still has some weaknesses in its instruments and rules and must necessarily lean on that of member states as it is a vital necessity
Bodénès-Constantin, Armelle. "La codification du droit international privé français." Paris 10, 2004. http://www.theses.fr/2004PA100186.
Full textFrench private international law is considered as a case law and customary right and few seem to be surprised. However this judge made law is on two counts exceptional : in France and in an international context of codes or private international laws. This surprising situation would mainly rely on a remarkable coherence and predictability of case law rules in that field, which would make any attempt of codification useless. Beyond noticing that the concept of "codification" cannot reduce itself to such qualities, we have to admit, facing the increasing number of international law sources, that this premise is by far outdated. Therefore, a national codification which would simplify and clarify private international law, by allowing access to the rules it is made of (nationals and over nationals), would be welcome
Piacitelli-Guedj, Aurélia. "Le droit international privé de négociation précontractuelle." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111019.
Full textIn a context of globalization, facing increased trade and the increasing complexity of international contracts, pre-contractual negotiations take a special dimension: creating new obligations, stretching the length of talks, multiplications of preliminary contracts, are leading to transform this simple transition in a primordial stage of contracts. The different phases of negotiation between international partners and will generate interest litigation private international law.Indeed, the legal negotiation differs from one legal regime to another. Common law countries adopt an individualistic principle for talks with extensive contractual freedom, whereas civil law circumscribes the freedom of contract in respect of a duty of good faith. Therefore, it is essential for the parties to know with certainty the law applicable to their pre-contractual relationship.However, the existing conflict rules, supposed to guarantee the legal security of the negotiating parties by ensuring predictability solutions are not appropriate at this time. In this perspective, the purpose of the research focuses on considering the specificities of the pre-contractual period and issues of private international law relating thereto and attempts to provide effective responses by providing conflict rules adapted to ensure legal certainty aspired parties to the negotiation
Guiziou-Péronne, Géraldine. "Les cyberdélits et le droit international privé." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010341.
Full textThe study focuses on the analysis of three different types of cybertorts : defamation, violation of the right to privacy and copyright infringements occurring on the Internet. Cybertorts are a recent phenomenon challenging conflict of laws rules. The difficulties arising from the application of traditional rules to these specific torts justify that a new way to deal with them be adopted as regards conflicts of laws rules and rules for jurisdiction. The proposals are dual. The first one builds on the difficulties of localization of cybertorts to suggest a new method. The positive methods based on an objective localization or on the target or destination of the website are inadequate. The study proposes a fictitious localization of cybertorts. The second one, building on the difficulties encountered by the victims of cybertorts when they act for the defense of their rights, suggests that they should be granted some protection. Indeed, the analysis shows the existence of an asymmetric relationship between the victim and the online intermediaries and the tortfeasor. Some protective rules appear to be necessary to strike a fair balance between the parties
Hammer-Bodelet, Sarah. "L'égalité des sexes en droit international privé." Rouen, 2008. http://www.theses.fr/2008ROUED005.
Full textThe principle of equality between men and women has been jeopardized through the rules of international private law. Actually, these rules recommend to attach the personal status of foreigners to their national law. On the other hand, the principle called attenuated public order exception allows the exequatur of foreign judgements even if they violate the French public order. Now, with the arrival and the settlement in France of Muslim people, the French judge has to face up with institutions that violate the principle of equality. That is the case with polygamy, repudiations and children custody. This work analyses the stance of the French tribunals and of the doctrine in respect with these institutions and the ways they uses to greet or to reject them. It eventually demonstrate that France must reject all these institutions by attaching the personal status to the law of the domicile
Ameli, Farhad. "La Saisie-arrêt en droit international privé." Paris 1, 1990. http://www.theses.fr/1990PA010259.
Full textThe garnishment in French law is a very peculiar and uncommon way of executing judgments and other tutles. In fact, it is the sole measure having both conservatory and execution aspects. The complex relations whick it creates among the parties taking part in its procedure makes it very useful and interesting to study such relations in private international law. Such is the scope of this study. This study has been divided into following parts. At a preliminary stage, it was necessary to examine the foreign laws at a comparative point of view in order to know how they have implemented the procedure of attachment of debts. After that, our study has gone through the situation of each actor and the role they play in a garnishment procedure. The creditor must obtain a judgment in order to establish its right against the debtor or take a provisional authorization from the judge. The debtor is concerned with blocking such a procedure and does its best to coast a doubt on the reality of the creditor's title. In both parts, it should be known which judge has jurisdiction. The garnishee, at last, must be protected against double payment in in two countries under two different procedures. The influence of the reform on the civil procedure in France has benn taken into account in this study
Jorge, Manuel. "Les rattachements alternatifs en droit international privé." Paris 1, 1988. http://www.theses.fr/1988PA010294.
Full textThe complexity of the structure and the working of the alternative conflicts rules are used in this kind of rules with a teleological character. What is the significance of the connecting factors in the light of the competing substantive rules? They take into consideration the parties interests and pay greater attention to the social realities by providing that several designated laws apply alternatively. But the alternative conflicts rules cannot be considered as substantive rules. In fact, the "closest connection" principle can be used as a corrector of the alternatives conflicts rules
Parrot, Karine. "L'interprétation des conventions de droit international privé." Paris 1, 2004. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D84.
Full textLacourt, Sarah. "Le couple homoparental en droit international privé." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10031.
Full textThis study aims to highlight the latest reforms in domestic family law according to private international Law. Indeed, the family is constantly subject to change but the perception that each State has of it is very different. The development of new forms of conjugality and more recently the opening of marriage to same-sex couples are certainly the best illustrations of this. Currently, the issue of same-sex couples in private international law is a major challenge. The legal recognition of same-sex couple has been the result of a long jurisprudential and legislative work, under the significant influence of the case law of the European Court of Human Rights, which itis interesting to study in order to better understand the present situation. The coexistence of different conjugal statuses according to the States involved raises many questions as to the law applicable to their formation in international relations, but also as to their recognition in third States. This question renews the place of the traditional mechanisms of private international law. Furthermore, the recent opening of marriage to same-sex couples in France, but also in many other States at both the European and world level, raises questions about the potential ways of establishing a child parent relationship within an homoparental couple. However, insofar as a crossing of borders is involved in most cases, the presence of international elements is generated. Homosexual adoption, surrogate motherhood and artificial insemination with a third-party donor are thus all new questions that deserve clarification in private international law. The position of French law against the different reproduction methods being different from the one shared by neighboring states, homosexual couples do not hesitate to go abroad in order to benefit a more liberal law. The difficulty then lies in the reception on their return to France of the filiation acquired abroad. Private international law deserves special attention caused by the conciliation between such different legislative positions
Zaher, Khalid. "Conflit de civilisations et droit international privé." Paris 1, 2007. http://www.theses.fr/2007PA010269.
Full textBologna, Francesca. "Les pactes d'actionnaires en droit international privé." Paris 2, 2009. http://www.theses.fr/2009PA020020.
Full textGroud, Thomas Habu. "La preuve en droit international privé français." Paris 10, 1999. http://www.theses.fr/1999PA100079.
Full textElhoueiss, Jean-Luc. "Personnalité et territorialité en droit international privé." Paris 2, 2000. http://www.theses.fr/2000PA020018.
Full textKessler, Guillaume. "Les partenariats enregistrés en droit international privé." Paris 1, 2003. http://www.theses.fr/2003PA010307.
Full textMehdi-Ayoub, Pfaff Françoise. "La répudiation en droit international privé français." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30008.
Full textIn some confessional laws, the marriage could be dissolved unilaterally and discretionarily by the husband. However, this cannot be done in France since the principle of laicity and the French judicial courts monopoly in this matter. Moreover, the french law doesn't foresee this dissolution's mode and the possible applicable of foreign law will be turned down in the name of public order. But if repudiation was pronounced in a foreign country, it will be able to produce some effects in France at the condition of satisfying the international regularity control of the foreign judgements. The conditions of this control relating to the competence of the foreign authority and to the applied law are easily satisfied. But, those related to the fraud absence and the repudiation conformity to the public order play an important role in the acceptance refusal of this institution. The unequal marital character of this institution goes against the equality european principle between spouses formulated in article 5 of the protocol n° 7 of the European convention of human rights integrated by jurisprudence within the international public order
Saouzanet, Franck. "Les relations précontractuelles en droit international privé." Thesis, Le Havre, 2013. http://www.theses.fr/2013LEHA0025.
Full textThe doctoral dissertation proposes to abolish, for the purpose of private international law, the compartmentalisation of the pre-contractual phase by adopting a unitary approach to the contract formation process. In this perspective, it is proposed to overcome the distinction between unformal pre-contractual relations and pre-contractual relations formalized by a preparatory contract, as well as the distinction between the pre-contractual phase and the final contract. The attraction of the intended contract leads to use its connecting factor in order to determine the law applicable to pre-contractual relations. This option could, whenever possible, be extended to conflicts of jurisdictions by considering that the competent judge is the judge of the intended contract
Benmbarek-Lesaffre, Kenza. "Les règles matérielles de droit international privé." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020065.
Full textThe material rules of private international law are classically defined as rules that provide substantive answers to a question of private international law. They are distinguished from the traditional conflict of laws rule which is neutral, abstract, bilateral and limited, in its initial form, to the designation of the applicable legal order. This definition shows its limits as the methods of private international law have evolved. Boundaries between the different methods became more unclear, leading to uncertainty as to the legal regime of the material rules. We have tried, through the study of material rules of private international law, to propose a definition that takes into account their specificity but also their variety while distinguishing them from neighboring methods and, in particular, police laws. This definition has led us to a classification of material rules and to the conclusion that their legal regime should depend of the particular subcategory they belong to
Mattout, Jean-Pierre. "Droit bancaire international." Paris 1, 1992. http://www.theses.fr/1992PA010280.
Full textThe bulk of the different works are oriented towards banking and financial law, and especially its international aspects. It is an attempt to systematize the main operations in the international banking field, from a legal stand point. Studies have been conducted of the applicable law to international banking operations, the financing operations (prefinancing, international discounting, supplier's credit, buyer's credit, international leasing, financing credit) the off-balance sheet operations (first demand guarantees, documentary credits, letters of indemnity). The other works have been devoted to certain peculiar aspects of the same topics or to other banking operations like swaps, netting, unit trusts or to international legal aspects of bankruptcy or agency agreements
Gaillard, Sebileau Émilie. "Générations futures et droit privé." Orléans, 2008. http://www.theses.fr/2008ORLE0001.
Full textBelbesbes, Boujamâa. "L'influence du droit musulman sur le droit international privé marocain." Perpignan, 2002. http://www.theses.fr/2002PERP0417.
Full textThe influence of islamic law on Morroccan international private law clearly appears in the personal status. It affects as well nationality as conflicts of laws and show the gender inequality established by classical law at the level of national law. Studying the nationality, not only islamic conception of morroccan nation, this influence is translated by the impossibility of morroccan women to give her own nationality neither to her children nor to her foreign husband. At the level of conflicts of laws, this influence becames the protection of morroccan status and acceptance of morroccan law by foreign muslims
Moille, Celine. "L’influence du droit international privé sur le droit interne français." Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Full textFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed
Bou, Aoun Melynda. "Le mariage en droit libanais : étude de droit international privé." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020068.
Full textIn the Lebanese pluralist legal system marriage and personal status matters fall exclusively within the competence of the eighteen religious communities which have real power of jurisdiction and legislation in this area. However, the legislator allowed the Lebanese to escape the religious laws applicable locally by celebrating a civil marriage abroad. This marriage is recognized in Lebanon and is subject in full to the foreign civil law chosen indirectly by the parties. That is the liberalism of private international law for marriage which assigns an important role to the spouses’ autonomy and freedom of choice. Yet this liberalism is not unconditional and takes no effect unless the parties have not concluded a religious marriage. Private International laws become even imperialistic when they ensure the exclusive application of religious laws each time a religious marriage takes place. This is the reason why private international laws of marriage oscillate between liberalism and imperialism, and thus reveal the paradox of the Lebanese matrimonial system. This thesis is an in depth study of the terms of this paradox in all its nuances and it aims to determine respectively the competence area of civil and religious laws to better understand how they articulate with each other in marriage conflicts. Also, it examines alternative solutions to the actual system in order to improve the regulations that are applicable to marriage in Lebanon
Mellone, Marco. "Le droit international privé communautaire en matière matrimoniale." Strasbourg, 2010. https://publication-theses.unistra.fr/restreint/theses_doctorat/2010/MELLONE_Marco_2010.pdf.
Full textThe object of the thesis is the action of the European Legislator in the field of the Private International law in matrimonial matters: the main juridical instrument in the said field is the Regulation No. 2201/2003 having object the jurisdiction and the recognition of the decisions of separation, divorce and annulment of the marriage. This Regulation is not well known and not correctly applied in the practice. Therefore, these European rules of conflict are not correctly applied in the whole territory of the European Union. The non correct application by the practitioners is one of the main problems of the European system of private international law: indeed, the most known instrument in this field, the Regulation No. 44/2001, is not always correctly applied in the European territory and, therefore, the European common market can note take advantage by these common rules. Morevoer, the field of matrimonial matters – and, more broadly the field of familiar matters – is very important and closely linked to the principle of free circulation of persons in the European territory as well as to some fundamental rights. More particularly, the Regulation No. 2201/2003 aims to encourage the possibility for the spouses to obtain as fast as possible the divorce so as to get marry married once again. Indeed, the Regulation No. 2201/2003 gives a wide range of Courts for the spouses who wish to obtain a divorce. This effect is particularly encouraged when the spouses jointly decide to file the request for divorce. Moreover, the European rules allow a very fast and easy procedure for the recognition of the decisions issued by the national Courts. Therefore, the effects of the national decisions are valid all over the territory of the European Union and spouses are not forced to start long and expensive procedures of exequatur. * * *The work of research was based on a clear methodology: in a first part, the field of the private international law in the matrimonial matters has been introduced and the attention was focused on the institutional framework of reference. This part allowed to well understand the limits and the conditions of the competences of the European legislator in the said field. Secondly, the attention was focused on the rules adopted by the European legislator by Regulation No. 2201/2003 This second part was divided in two sub-sections : in a first sub-section, the European jurisdictional system in matrimonial matters was examined while in the second sub-section, the regime of recognition and execution of the decisions and of the other public documents was carefully analyzed. Both jurisdiction and recognition was examined both from a theoretical and practical point of view: indeed, the research was focused, on the one hand, on the practical application of these European rules and, on the other one, on the proposal for possible amendments and/or improvements of the said rules. By using this approach, it was possible to examine the impact of the European rules in the field of matrimonial matters and, therefore, the importance of an European, autonomous system of private international law. Indeed, the existence of European common rules in this field can definitely encourage the exercise of the free circulation of persons and the concrete application of some fundamental rights
Treppoz, Edouard. "La protection du logiciel en droit international privé." Paris 1, 2001. http://www.theses.fr/2001PA010323.
Full textSindayigaya, Jean-Bosco. "Les lois d'application immédiate en droit international privé." Doctoral thesis, Universite Libre de Bruxelles, 1986. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213574.
Full textBourdelois, Béatrice. "Le mariage polygamique en droit international privé français." Paris 2, 1991. http://www.theses.fr/1991PA020114.
Full textLachance, Martine. "Le contrat de transaction : étude de droit privé comparé -France-Québec- et de droit international privé." Paris 2, 2004. http://www.theses.fr/2004PA020097.
Full textPanopoulos, Georgios. "Une méthode de délimitation du domaine d'application du droit privé communautaire : étude de droit international privé." Paris 1, 2007. http://www.theses.fr/2007PA010294.
Full textCoureault, Elisabeth. "La concurrence déloyale en droit international privé communautaire." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20007/document.
Full textRalser, Élise. "La célébration du mariage en droit international privé." Paris 2, 1998. http://www.theses.fr/1998PA020010.
Full textThe recent movements of family and family law have struck this end of century, in france aswell as abroad, and have in particular led towards a diversification in the forms of the union of sexes. These new data unavoidably rebound on the field of the celebration of mariage and most specifically on the conflict of laws where situations diversify without producing the same legal effects. Therefore the value of the celebration of mariage in conflict of laws should be examined, considering that the rules of conflict in this field, haven't yet taken into account the deep modifications of our society. It is therefore important to determine its aims aswell as its mecanisms. This study has revealed the real nature of the conflict of laws governing this field aswell as the fact that the celebration of mariage proceeds more from the substancial conditions than the conditions of form. It also highilighted the principally private feature of mariage at the stage of its conclusion. These observations have led towards a revaluation of the methods and the rule of conflict applicable to the forming of the union. It consists in the proposal of a pluralistic system, an alternative rule of conflict, under which several laws are comptent to govern the modes of celebrating mariage in the conflict of laws