Dissertations / Theses on the topic 'Hypothèques'
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Al, Moukdad Nabil. "La garantie hypothécaire est-elle toujours efficace ? : étude comparative en droit français et droits de pays ararbes de Moyen-Orient : la Syrie, le Liban, la Jordanie et l'Égypte." Toulouse 1, 2004. http://www.theses.fr/2004TOU10002.
Full textThe efficacity of the mortgage guaranty is measured, indeed, by the effective capacity to ensure its holder the preferential payment of the credit guaranteed in the event of failure of the debtor. However, in French right, the legislator envisages several legal systems intented to treat the situation of the debtor in difficulty. Each one of these systems has its own legal objectives to reach and whose realization can involve more or less deplorable effects on the situation of the secured creditor and the efficacity of its safety. To the difference of the compared right, the implementation of these modes of treatment can lead, in French right, to even reduce notably the efficacity of the mortgage either by the threat brought to its existence, or by the disturbance affecting the normal operation of this safety
Luciani, Stéphane. "Le sort des hypothèques dans les procédures collectives." Electronic Thesis or Diss., Université Côte d'Azur, 2023. https://intranet-theses.unice.fr/2023COAZ0029.
Full textIf for nearly two centuries, the mortgage was considered the « queen of property security law », by the multiple advantages it offers to the settlor, the creditor, and to third parties, the mortgage is on the way to being dethroned by the blows it receives from the law of collective proceedings. Indeed, whereas the mortgage allowed its holder to release himself from the torments of bankruptcy, while constituting an effective technique to eliminate the risk of the debtor's insolvency, the process initiated by the law of 13th July 1967, and completed by the law of 25th January 1985, caused its downfall. Since these reforms, which still constitute today the conceptual base of our law, the effectiveness of the mortgage has been systematically sacrificed in order to save the company in difficulty, without the subsequent reforms have been able to contain, or to reverse this progress by trying to reconcile this objective with the interests of the beneficiaries of mortgage. However, in spite of the antagonistic interests which oppose the rescue of the company in difficulty to the creditors, and the complex and conflicting relationships between the law of the mortgages and the law of collective proceedings, it seems that the law of collective proceedings is very frequently emerged victorious from its confrontation with the law of mortgages, bypassing the natural mechanism of mortgages. That is why, it appears necessary to examine the fate of mortgages in collective proceedings in the light of the threats posed to them by collective proceedings, and to study their effectiveness, which varies according to they are confronted with a rescue proceeding or a judicial liquidation proceeding
Zepi, Sandrine. "Le sort des créanciers titulaires de garanties réelles dans le droit des procédures collectives." Nice, 2004. http://www.theses.fr/2004NICE0030.
Full textThe commencement of the proceeding of bankruptcy will throw the legal fate of the corporation's créditors into confusion. The lot of creditors provided with standard real sureties gets encysted by the law of bankruptcy proceedings i. E. The security contracts will be subject to modify the accomplishment of personnal rights. The essential characteristics of standard sureties which may be useful are the right of pursuit and the right of good ranking prior to others creditors. On the other hand real sureties enforced by a right of retention and real warranties award titulars much diverse and efficient rights. In the existing circumstances of the french positive law, it appears that the rights and the obligations inherent to ownership and possession seem to be a most efficient safeguard for the rights of creditors. A strong comeback of archai͏̈c practises and rules is to be brought about. Considering that the bankruptcy law can be put into failure by well-tried technics, we infer that creditors provided with simple sureties are not in the most comfortable position. Only real sureties can properly comply with the requirements of creditors. Though creditors are the providers of assets and the whole economy depends on them ; but nowadays they are knocked about in case of collapsing of corporation. Therefore the legislator ought to take those facts in consideration. It may be desired that the legal texts may be retrofited. In this end the last changes of the right of property and the right of sureties may be integrated in the reform and precede the relevant debate
Betry, Philippe. "Genèse et développement du marché hypothécaire français." Orléans, 1999. http://www.theses.fr/1999ORLE0501.
Full textTixier, Jean-Luc. "Le bail à construction : de la théorie à la pratique." Paris 1, 1994. http://www.theses.fr/1994PA010283.
Full textThe study of the practice of construction leases after thirty years of existence reveals a limited use of these leases due to theoretical obstacles. If all of the conclusions are drawn from its nature as a deed constituting a right to a given surface, several obstacles at the origin of its lack of success may be ruled out. The identification of the limits which distinguish the construction lease from other long term rental agreements, in particular from the emphyteusis lease allow its scope to be specified, its operations in volume to be extended and the extent of the prerogatives of its holder to be assessed. The specific rules of mortgage allocation, the difficulties of integration of the constructed buildings into the co-ownership mechanism and the often differing legal and tax analyses, remain a source of drawbacks. The full use of the legal nature of the construction lease and of the reduced legal mechanism allow the main defects to be remedied and the drafting principles of an appropriate agreement to be defined
Renaudie, Isabelle. "La dissociation des prérogatives financières et de gouvernement dans les sociétés." Paris 10, 1988. http://www.theses.fr/1988PA100059.
Full textCorporation law is now experiencing some cases of dissociation of financial and government prerogatives. For example, indivisum, usufruct, pledge, commodatum, continuation are one of them. In these situations, privileges contributing to the same effect are bearing on a same bond. At these theories, we must add dismembers investment securities, which are to say no voting shares, petroleum certificate and investment certificate. Now, those different situations, that holding up the functioning of enterprises, make many difficulties on the one hand concerning the distribution of privileges attached to the investment securities and on the other hand in regard to the determination of the dismember bond's bearer. Indeed, the cases of dissociation, that meet an economical need, explain the variety of juridical ties that can combine company with one person and reveal the rising of the classes allocated between the joint-holders of stocks and the third parties
Oilleau, Katell. "Le crédit tiré du navire." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40012.
Full textToday's maritimes activities, marked by the strong growth of international commerce, show the difficulties met by shipowners and allow to foresee their needs in relation to financing ships and operating their companies. In the adaptation process of shipowner strucctures where mergers now play a leading role, owners and managers of ships for transport or fishing resort, without exception, to credit in order to obtain the funds needed to create, transform or increase their fleet or to run their companies. In that context, guarantees and securities are irreplaceable credit auxiliaries and become actual credit instruments. Maritime credits are accompanied by real aspects as the patrimony of shipping companies ou fishing operators contains an essential component that has always been at the root of maritime credits, that is the ship. The huge economic value of the vessel makes it an extremely big part of the owner's property. The credit derived from that value is organized around two points : the operating credit and the investment credit. Thus the opposition appearing between traditional credit, represented by the maritime liens and maritime hypothec, and the "modern" credit represented by new instruments such as leasing, lease back or publicity rated seciritisation of a fleet of vessels
Boar, Flavius Alexandru. "Une eurohypothèque comme garantie immobilière indépendante : tendances internes et supranationales." Electronic Thesis or Diss., Paris 1, 2019. http://www.theses.fr/2019PA01D052.
Full textThe concept of a non-accessory civil-law mortgage comes up often as a reference in relation to which digressions from the accessory nature of this security are constantly outlined in French and Romanian law. It is also the centrepiece of studies proposing a Eurohypothec shaped on its pattern, based on the imperatives of the internal market. According to these, the exceptions enshrined in the national legislations that were initially rebuffing its technique are causing classic accessory mortgages to become almost just as autonomous. And indeed, the possibility to agree, in these systems, upon a hypothec against whom exceptions deduced from the covered claim are not opposable depends precisely on the similarities between, for instance, the hypothèque rechargeable and an actual independent guarantee. However, nothing suggests an abandoning of the traditional reserves against this exotic figure. Similar evolutions in personal security law were precisely not in contradiction with the numerus clausus of property rights. Nonetheless, the arguments employed to reach this conclusion have allowed to integrate the recent evolutions in the legal framework of the hypothec into the dogmatic of its accessory nature. Also, the imperatives of the economic freedoms of movement seem rather speculative in this respect. Their interplay in favour of the Eurohypothec implies precisely quantifying the impact of the accessory principle upon international financing. In the end, this means only a long-awaited legislative intervention by the European institutions would clear all possible doubts over the validity of this concept
Cassamally, Zeenat Bibi. "L'influence respective de la "Civil Law" et de la "Common Law" en droit mauricien des sûretés." Paris 1, 2012. http://www.theses.fr/2012PA010309.
Full textCallé, Pierre. "L'acte public en droit international privé." Caen, 2002. http://www.theses.fr/2002CAEN0069.
Full textSchmiederer, Morgan. "Les sûretés réelles administratives." Electronic Thesis or Diss., Toulouse 1, 2021. http://www.theses.fr/2021TOU10033.
Full textMortgage, financial lease, pledge, or assignment: public law borrows collaterals from privatelaw. The thesis suggests systematizing the interactions between private financing, securities,and administrative law. Indeed, it is profitable to maintain incompatibility between publicproperty and securities. However, the obligations that belong to the contracting parties of publicpersons, claims, and administrative real rights, can be an asset for collaterals. Obligations’peculiarities reflect upon the securities. Rules are made public, from the public securities’conditions of constitution to their realization. They are subject to the mixed influence of securedclaims, concluded between private persons, and the collateral's administrative asset. As a result,administrative rules strike a balance between general interest and private credit to make theprivate financing of public activities possible
Borel, Jean-Philippe. "La vente d'immeuble au XIXème siècle : analyse du transfert conventionnel de propriété immobilière dans le code civil de 1804." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1023.
Full textCommon Sales Law , characterized by the immediate effect of the transfer of ownership from the meeting consents has been a source of difficulties in real estate in the nineteenth century. This excessive simplicity that makes transferring ownership instant hits and occult reality and the difficulties inherent in immovables . The use of many exceptions in the Civil Code of 1804 has made the general economy unreadable transfer practitioners , security estate transmissions requiring reconstitute an effective instrument of evidence. If the transfer operation lies in a deliberate design by focusing on the formation of the contract by a dematerialization of the obligation to give, its effectiveness is dependent on contractual arrangements and post- contract formalities . This overhaul will be done on the notion of authenticity and erects a review of legality embodied by the notary will have the advantage of preserving the consensus fiction and repel any scheme as dualistic land books considered by a majority of the French doctrine as contrary the spirit of French law
Benadiba, Aurore. "Les sûretés mobilières sur les biens incorporels : Propositions pour une rénovation du système des sûretés mobilières sur les biens incorporels en France et au Québec." Paris 1, 2012. https://www-numeriquepremium-com.passerelle.univ-rennes1.fr/content/books/9782919211630.
Full textBaumann, Alexander [Verfasser]. "Die hypothèque rechargeable - eine wiederaufladbare Hypothek als Grundschuld à la française? : Eine Analyse der französischen hypothèque rechargeable durch Vergleich mit den deutschen Grundpfandrechten / Alexander Baumann." Frankfurt : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2012. http://d-nb.info/1042423261/34.
Full textJean, Michèle. "Pierre Edouard Blondin : la lourde hypothèque d'un passé nationaliste, 1908-1921." Master's thesis, Université Laval, 1985. http://hdl.handle.net/20.500.11794/29109.
Full textWedefort, Lina. "L'effet de la richesse immobilière sur la consommation : évidence pour le Canada." Master's thesis, Université Laval, 2013. http://hdl.handle.net/20.500.11794/24323.
Full textIn the last decades, the evolution of the stock market, the development and the progressive consolidation of housing market, the increase of house prices and disposable income have accentuated the importance of housing, financial and human wealth’ effects on household consumer spending’s evolution. Using cointegration theory and an the error-correction model, this work analyzes fluctuations in various Canadian categories of consumption between 1961 and 2011 in the short-run and long-run; as well it estimates the impact of the wealth diverse definitions on these expenses. There is not only one marginal propensity to consume in relation to every wealth. Housing wealth has a role more important than financial wealth in this evolution. In addition, human wealth is the strongest factor influencing the consumption. We found evidence related to the occurrence of liquidity constraints. When credit availability is restrained, this can limit the possibility of inter-temporal consumption smoothing. JEL Classifications: E21, E32, C22 Keywords: Housing wealth, consumption, wealth effect, cointegration, life-cycle, liquidity constraints.
BENINCASA, Luigi. "La tenuta del sistema italiano dell'ipoteca alla luce del diritto europeo." Doctoral thesis, Università degli studi di Ferrara, 2021. http://hdl.handle.net/11392/2487911.
Full textThe recent European legislation on real estate credit for consumers has obliged the Italian legislator to specifically introduce into our legislation a hypothesis of Patto Marciano. This proves that the European Union (EU) has an interest to legislate in the field of collateral in order to pursue its target of harmonisation and integration of the single market, and therefore can directly intervene. This also shows that the Italian collateral system is out-dated and requires a radical change, starting from the most notorious collateral: the mortgage. Monitoring the needs of the market actors and the European trends in the field, one finds out that to make the whole mortgage system more efficient, the mortgage regulation must be updated in its spe-cial and accessory nature. The aim of the present work is to understand what can be done in the Italian law, waiting for the EU to regulate directly on the matter. We will start with a verification of the compatibility with our legal system of a mortgage with a mitigated accessory nature, capable of being assigned independently of the credit. Having ascertained that there are no legal reasons against such an effect, it is nevertheless concluded that an intervention of the legislator is necessary for this purpose, as this result cannot be achieved by interpretation. Following a careful analysis of the disciplines of the Euromortgage and of the French hypothèque re-chargeable - both institutions endowed with considerable flexibility - and drawing from them, an at-tempt is made, finally, to reconstruct a possible regulation of this new transferable mortgage, which balances the interests of all parties potentially involved in such an operation.
Salgado, Maria Beatriz. "Nantissement et hypothèque : les garanties constituées sur le fonds de commerce dans les législations française et espagnole." Paris 12, 2000. http://www.theses.fr/2000PA122014.
Full textDauchez, Corine. "Le principe de spécialité en droit des sûretés réelles." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020059/document.
Full textThe specificity principle was introduced in the Civil code in 1804 to ensure the development of the modern economy. Then, it gained ground and became a fundamental principle of security law. However, at the end of the 20th century, it was violently criticized : it was accused to diffuse rigidity in security law and put a brake on credit. In addition to the principle noxiousness, its theoretical criticism was all the more announcing its decline in French law, because in foreign states the influence of the American security interest, which does not know the principle, was widening. However, the reform preserved, while softened, the principle in French law. The softening of the principle is the mark of a enlightened reform which is intuitively return to the principle origins to confer it the flexibility that the original legislator wanted, but which had been choked by an inadequate theoretical conception. This conception has to be renewed now. Only a return to original sources of hypothec specificity principle is able to capture its practical realty in order to lay the foundation stone of an adapted theoretical conception, which push to removing security law from patrimony rights. The specificity principle is not a sign of the archaism of real and personal security French law, it is, on the contrary, the ferment of his evolution
Blandin, Yannick. "Sûretés et bien circulant : contribution à la réception d'une sûreté réelle globale." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020045/document.
Full textSecurities on the professional's properties form a significant way of accessing to credit. Despite many initiatives, means that enable to hold estates as security, such as stocks of goods, are not fully satisfying. The legal edifice, complex and opposed to the aim expected, prevents from using circulating assets as the basis of guarantee.This thesis identifies how to make required improvements to modernize the real security law, and so as to outline a new guarantee tool that makes the access to credit easier for companies, the global security
Goût, Edouard Umberto. "Le mythe des conventions constitutives et translatives de droits réels." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010264.
Full textThe Law prior to the 1804 codification is ruled by the principle that agreements are not sufficient to establish and transfer real rights: in order to reach this result, an additional modus of acquisition, like the delivery of the thing, is required. When it is not the case, the real right, established or transferred by mere agreement, is nevertheless established and transferred erga omnes. However, since the civil code and the successive legislative reforms, the situation is no longer the same: the principle adopted is the establishment and the transference of real rights sola conventione. Nonetheless, the study of laws and regulations as well as the nineteenth century scholars’ opinions reveals that the change initiated in 1804 is much deeper: if the agreement is sufficient to establish and transfer real rights, these rights are established and transferred to the parties only. For example, in current French Law, the sale of a boat transfers its property regarding to the seller, but not towards to third parties and, in particular, not regarding to the seller’s unsecured creditors or to the State. As long as the registration of the deed of sale is not completed, these third parties may ignore the transfer of property resulting from the sale. A lot of questions can be raised: has the sale really settled a transfer of property? Is a property regarding only to the seller still really a property? Similarly, in current French Law, an agreement may establish a mortgage, but this right is not enforceable against third parties as long as this act has not been registered. Thus, the unsecured creditors of the settlor may ignore the right of the mortgagee. But does it make sense to consider a mortgage without a preference right?This thesis describes how the legislator and nineteenth century scholars, in reducing the acquisitive modus into the acquisitive titulus and in distinguishing between inter partes effect and extra partes effect, have built a myth : the one of the agreements establishing and transferring real rights. Unlike formulas generally used by law and textbooks, in current French Law, real rights are established and transferred by agreement and delivery or registration
Bui, Duc Giang. "Sûretés conventionnelles sur créances en droit français, anglais et vietnamien." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020014/document.
Full textReceivables constitute an excellent source of credit and security over receivables is available under French, English and Vietnamese law. However, if they have been recognised in English law for a long period of time, their development is quite recent in French and Vietnamese law. Moreover, although these three legal systems recognise all traditional security interests which are not based on the transfer of ownership over secur ed receivables (nantissement de créances in French law, floating and fixed charge over book debts in English law and hypothecation over debt claims in Vietnamese law), the fact that French law only recognises fiducia over receivables and assignment of trade receivables by way of security and Vietnamese judges have rejected the transfer ofownership by means of security, demonstrates that the use of functionality of ownership over receivables has not become widespread in France and in Vietnam. In contrast, in England, mortgages over receivables allow for the transfer of ownership as security, whether by way of an assignment or a novation. Finally, the hypothecation over debt claims of Vietnamese law and the fixed charge over book debts of English law show that security that does not entail the transfer of ownership can be perfectly efficient inside and outside insolvency proceedings.These approaches reveal the interests of a doctoral enterprise put in perspective from numerous economic investments and financing structures involving, in a rising fashion, economic stakeholders and international bank partners whose interests,stakes and strategies fall under (by construction, or necessity) the aforementioned jurisdictions
Buisine, Olivier. "Le sort des garanties réelles en cas de plan de cession." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30063.
Full textThe sale of a business is one of the most important insolvency solutions.However it’s a hard task to determinate creditor’s rights under these circumstances.Insolvency law has deeply changed consequently to main reforms (Act of July 26, 2005 called the “Safeguard Act”, Order of December 18, 2008 and to a lesser extent Order of March 12, 2014).At the same time, guarantee law has been modified by lots of reforms too (Order of March 23, 2006, Act of February 19, 2007, Act of August 4, 2008, Order of January 30, 2009).These reforms were fragmented. Furthermore they have been built without guideline. As a result, the articulation between insolvency law and guarantee law is very difficult.The theoretical and practical questions generate a real legal insecurity.The goal of this research work is to make insolvency practitioners propositions based on, amongst others, doctrine’s comments and criticism. The objective of these propositions is to establish a better balance between the pluralities of interests involved
Bohoussou, Kouakou Stéphane. "Réflexion critique sur l’efficacité des sûretés réelles en droit OHADA : proposition en vue d’une reforme du droit OHADA des sûretés réelles." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0133/document.
Full textThe real security interests law/secured transactions has gone through crucial changes following a series of several reforms which has affected it. If the subject matter has undoubtedly been modernized, it is obvious that the real security interests law/secured transactions is still lacking of general consistency which is linked simultaneously to the large numbers of proposal on security interests and to the insufficiency of federative rules which come to govern the whole. Actually, the problem poses the question to know if it is possible and conceivable to put forward a base of more sophisticated general rules, or even a general law, and according to what methods? The interrogation underlines the efficacy of ohada real securities law in regard to the inadequacy between the objectives of the African legislator and the means used by him to achieve them. In other words, it is admitted to question on the way of a reinforcement of the actual real securities law in sight of a greatest efficacy. In regard to the international experiences, the answer of these questioning is found, in our opinion, in a reform more ambitious of the ohada real securities law which is going to lead to the adoption of a functional approach as it was observed in States with the same juridical culture of ours. In concrete terms, it is important to give back, through this functional conception of securities interest, coherence, and simplicity, in sum, efficacy to ohada real securities law likewise to bring it closer to the population and to the socio-economic realities of ohada member States while revealing the international economic stakes
Ravel, d'Esclapon Thibault de. "Le droit commun des sûretés : contribution à l'élaboration de principes directeurs en droit des sûretés." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA006.
Full textNowadays, French security law is divided into many different mechanisms and comes various sources of law. This situation leads to incoherent law so that a revision of this field appears to be necessary. This can be realized from the french notion of “droit commun”, which confronts general rules with special rules. Two fundamental principles can be identifed : the “accessory rule” and economic neutrality of the guaranty. These two principles are the sources of many solutions and could be an explanation for lots of difficulties in the future
Huang, Chaowei. "Les sûretés réelles en droit chinois et en droit français : étude de droit comparé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020016.
Full textDuring the same period, a reform of security law had completed in France, while the Chinese real rights law which has renovated security rights in rem was about to be promulgated in China. This thesis, based on Chinese law and drawing upon a comprehensive study of laws and administrative regulations on the subject, reveals the differences between Chinese and French law and analyze their cause and effect behind similar terms and notions. Grounded on the comparative study, the thesis draws the conclusion that the Chinese system of security rights in rem requires a further reform despite the arrival of new law
Dodou, Bienvenue. "Le report des garanties accessoires sur l'obligation de restitution en cas d'anéantissement du contrat principal : étude des droits privés français et de l'OHADA." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA024.
Full textThe postponement of ancillary guarantees on the obligation to return the terminated main contract is a rule of the Civil Code in the version resulting from Order No. 2016-131 of 10 February 2016 related to the reform of contract law of the general regime and the proof of obligations. Specifically, the rule is formulated by article 1352-9 of the Civil Code: "Securities created for the payment of the obligation are automatically transferred under the obligation to return without however depriving the surety of the benefit of the term". It is about the codification of case law handed down first in the field of suretyship, then extended to mortgages, and finally, by generalization, to all securities, including solidarity. The scope of such a rule is therefore general in French law. In the uniform business law of OHADA, the revised Uniform Act on the Organization of Security Interests has not provided for such a rule. On the other hand, the recent draft text of the Uniform Act on the general law of obligations in the OHADA area provides, under the inspiration of the solution adopted in French law, for the adoption of the rule in the form of an "extension" of the accessory guarantees on the obligation to return the terminated main contract. Indeed, Article 210 paragraph 1 of the aforementioned draft uniform text states: "The guarantees stipulated for the payment of the original obligation are extended to the obligation of restitution". The wording of the two texts, Articles 1352-9 of the Civil Code and 210 paragraph 1 of the draft uniform text, are different, but the logic and legislative policy of both legal systems converge. This thesis focuses on the determination of the legal nature of the deferral (or extension) mechanism and its regime. It defends the view that postponement (or extension) is not a technical concept. The deferral is actually a double substitution: a substitution in the main report and a substitution in the bond report
Oh, Young Joo. "Les sûretés réelles sur le navire, l'étude comparative entre le droit continental (droit français et coréen) et la Common law (droit anglais et américain)." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D001.
Full textThe security interests on the ship (which has an enormous value and an essential function for the maritime activity) present a peculiarity in comparison with those on chattels, in continental law as well as in Common law. First, it concerns the conventional security interests - the maritime hypothec (French and Korean law), the statutory ship mortgage (English law) and the preferred ship mortgage (American law), which are the result of each country's efforts to improve the maritime financing. Second, it concerns the privilege maritime/maritime lien (the legal security right) which occurs automatically on the ship for certain claims generally related to its exploitation (which differ in each country). ln fact, each country has tried to qualify its particular legal nature and its necessity, for example by the maritime patrimony theory, by the theory of the personification of the ship, or in a relation with the action in rem etc. The prerogatives of the holders of these security interests as well as the modes, procedures and conditions for exercising them are different from country to country. For the holders of security interests on the ship, the possibility of immobilization of that ship in a foreign port (Korea and the United States, not parties to any Arrest Convention), the possibility of being recognized as such security interests, and the type and number of other priority claims (Korea, the United States and England, not parties to any Convention on maritime liens and mortgages) are important issues and the responses vary considerably depending on the countries (in particular under their private international law)
Séjean-Chazal, Claire. "La réalisation de la sûreté." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020069.
Full textUp until the order of 23 March 2006 on security rights, a creditor aiming at realizing his surety had to resort to the procedures of execution available to any creditor in order to implement his general right of pledge. The effects of the real surety would manifest only after the execution sale of the encumbered property, through the preferential satisfaction of the creditor during the proceedings of the price distribution. The 2006 reform of the law of security rights has altered this situation by generalizing the judicial attribution and by legalizing the conventional attribution of the encumbered property. These modes of realization are deemed to be simpler and faster than the traditional enforcement proceedings, but also more efficient to shut out the other competing secured creditors. From now on, the creditor benefiting from a real surety is favoured as soon as he exercises his rights against the defaulting debtor. In order to exercise his power of constraint, he may rely on all the enforcement proceedings that are specific to the real surety. The legislator has carefully provided guidelines to use these attribution techniques to protect the interests of the debtor. However, the legal framework applicable to these modes of realization deserves to be adjusted in order to improve their legal certainty, their efficiency, and therefore their attractiveness. The effects of these modes of realization against the competing secured creditors of the recipient are not completely clear. Attribution is often presented as a technique that ensures the plaintiff an exclusive satisfaction, while the competing creditors’ claims are redirected on a hypothetical consigned remainder. Although the other creditors cannot take part in the procedure, nothing justifies that their rights be undermined. It is therefore important to determine how to reconcile the optional attribution of the encumbered property and the rights of the competing secured creditors
Pinto, Hania Vanessa, and Hania Vanessa Pinto. "Les biens immatériels saisis par le droit des sûretés réelles mobilières conventionnelles." Phd thesis, Université Paris-Est, 2011. http://tel.archives-ouvertes.fr/tel-00713275.
Full textSéjean-Chazal, Claire. "La réalisation de la sûreté." Electronic Thesis or Diss., Paris 2, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247191710.
Full textUp until the order of 23 March 2006 on security rights, a creditor aiming at realizing his surety had to resort to the procedures of execution available to any creditor in order to implement his general right of pledge. The effects of the real surety would manifest only after the execution sale of the encumbered property, through the preferential satisfaction of the creditor during the proceedings of the price distribution. The 2006 reform of the law of security rights has altered this situation by generalizing the judicial attribution and by legalizing the conventional attribution of the encumbered property. These modes of realization are deemed to be simpler and faster than the traditional enforcement proceedings, but also more efficient to shut out the other competing secured creditors. From now on, the creditor benefiting from a real surety is favoured as soon as he exercises his rights against the defaulting debtor. In order to exercise his power of constraint, he may rely on all the enforcement proceedings that are specific to the real surety. The legislator has carefully provided guidelines to use these attribution techniques to protect the interests of the debtor. However, the legal framework applicable to these modes of realization deserves to be adjusted in order to improve their legal certainty, their efficiency, and therefore their attractiveness. The effects of these modes of realization against the competing secured creditors of the recipient are not completely clear. Attribution is often presented as a technique that ensures the plaintiff an exclusive satisfaction, while the competing creditors’ claims are redirected on a hypothetical consigned remainder. Although the other creditors cannot take part in the procedure, nothing justifies that their rights be undermined. It is therefore important to determine how to reconcile the optional attribution of the encumbered property and the rights of the competing secured creditors
Pinto, Hania Vanessa. "Les biens immatériels saisis par le droit des sûretés réelles mobilières conventionnelles." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0066/document.
Full textImmaterial assets are traditionally described either as intangible assets or as intangible or intellectual property, or else as operating assets, but most of those terms are not satisfactory. This class of assets actually suffers from a lack of definition. However, some people state that they represent a form of economic wealth, a fantastic source of credit for the debtors, and a guarantee of safety for the creditors. And yet, French legislation seems to have ignored immaterial assets.This is first and foremost demonstrated by property law. Indeed, according to article 516 of the Code civil, which states that « property is either movable or immovable », one has to admit that immaterial assets cannot validly be linked to movable or immovable property. Immaterial assets are opposed to material assets (property of nature, commodities, intellectual property of the public domain or without protection under intellectual property law). They refer to property that has an object and a corpus. Two types of immaterial assets have been identified: financial immaterial assets, bringing together currencies, units and shares in a company, financial instruments, liabilities and industrial immaterial assets, bringing together business and intellectual property.This is also demonstrated by conventional real-property surety law. The surety law reform project which was awarded to the Grimaldi Commission was the source of significant hope. It had only been rarely amended since the inception of the Code civil and the structure was weakening and needed updating. This weakening had three main grounds : readability first, in particular since conventional real-property surety law on immaterial assets had developed outside of the Code civil, efficiency and capability of the contemplated systems regarding the preservation of the interests of the debtor and the creditor. Practice and doctrine had been denouncing such complexity for long and were calling for amendments. Unfortunately, order n°2006-346 of March 23rd 2006 reforming surety law didn't restore confidence. By creating the lien as the conventional real-property surety on immaterial movable assets without creating a consistent system, it has only emphasized the obvious concerns and critics.However, we are convinced that French law has the means that are essential to save this subject. Indeed, the new system of pledge, as amended by order n° 2006-346 of March 23rd 2006, now has a system that is suitable for industrial immaterial assets. As for the “fiducie-sûreté”, established by Act n° 2007-211 of February 19th 2007, it has revealed that, through the experiences observed abroad, it is fully efficient when it deals with financial immaterial assets
Brun-Dhaouadi, Dora. "De la construction à la vente du navire." Thesis, Paris 1, 2020. https://ecm.univ-paris1.fr/nuxeo/site/esupversions/c0f3bba9-1d8a-4323-8996-739a01aed770.
Full textThe maritime community appears to be populated by actors who are involved in the ship field while interacting for its sale, its future performance in operation. These operators are given for logistical and financial challenges, hence this diversity of lawsuits which reveal the complexity of the relationships regarding the contracts linked to the ship, from its construction, its sale to its operation implementation. The shipbuilder is the key operator in this field. The obligations of the shipyard, so far constrained by the guarantee of the latent defect legal framework, are numerous and tough so well that the shipbuilder is deemed to ensure the vessel seaworthiness from its delivery to its performance in operation. The cleverness of the ship's legal regime lies in its very special status, which borrows rules derived from bath special and common French law, so that the contractual framework reveals the particularism of maritime law. Thus, the ship represents a large-scale operation because it’s subject to major financial challenges and spin-offs. That’s obvious that the vessel is more sophisticated, more expensive, and therefore, the resulting operations are a source of cumbersome litigation which are solved by complex procedural mechanisms that State and Arbitration courts strive to control
Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
Full textDoctorat en droit
info:eu-repo/semantics/nonPublished
Bilodeau, Valérie. "Démocratiser sous ajustement au Bénin : comment la dépendance économique hypothèque la consolidation démocratique." Thèse, 2004. http://hdl.handle.net/1866/15091.
Full textTouna, Mama Albert Le Grand. "Choice of contract maturity with applications to international and mortgage lending." Thèse, 2008. http://hdl.handle.net/1866/6693.
Full textSansoucy, Andréanne. "La protection des créances des sous-traitants dans le domaine de la construction." Thèse, 2010. http://hdl.handle.net/1866/4600.
Full textSubcontracting is an established practice in the construction industry, because of its economic and technical strengths. Through this practice, sub-contractors perform work without being contractually bound to the client. How to ensure payment of their claims, given the risk of default by the contractor. The legislature has provided a statutory system of protection and the practice has developed mechanisms. Although the statutory scheme ensures effective protection of subcontractors’ claims, it has certain weaknesses in its application, which may cause inconveniences to the subcontractors and the owner. Title insurance and the withholding of funds by the financial institution or notary can overcome these difficulties for the owner. The protection mechanisms developed through practice, such as bond and currency guarantees, increase the protection of subcontractors when used in conjunction with the statutory scheme and benefits the owner.
Ben, Adiba Aurore. "Les sûretés mobilières sur les biens incorporels : propositions pour une rénovation du système des sûretés mobilières en France et au Québec." Thèse, 2012. http://hdl.handle.net/1866/8625.
Full textPledge has emerged as a model for creating a security in movable property for two reasons: for historical reasons on the one hand, because of the traditional prohibition against hypothecating movable property, and for technical reasons on the other hand, given the progressive enlargement of the notion of delivery, often involving a legal fiction. Pawning, however, is not well adapted to incorporeal property. Indeed, an analysis of various attempts at legislative reform in France and in Québec shows that delivery, once conceived of as physical delivery, has always been envisaged as an essential condition for the validity and publicity of pawning. Legislation in France and in Québec evolved towards a fictitious conception of delivery by admitting of exceptions or special regimes in which delivery did not fulfill its essential purpose: ensuring that third parties have sufficient notice of the existence of the pledge. Such peculiar forms of delivery have introduced inconsistencies and generated uncertainty in the law, with negative consequences for the entire legal regime of secured transactions. Therefore, it is proposed that the movable hypothec without delivery be extended in such a way as to include a security in incorporeal property; however, this requires that the notion of a value claim be recognised. The concept of property should be redefined as the appropriation of a thing with economic value, a thing that need not possess a physical or incorporeal envelope. As for the concept of a movable security, it might be given a unitary definition as a mechanism with a specific function and a specific purpose. Its function would consist in using the value of an item of movable property or a universality of such items for a specific purpose, namely the preferential or exclusive payment of a given creditor. Such purpose may be understood from the perspective of the essence of the operation. Every legal operation (transaction) might henceforth be characterised as a movable security if its essential purpose – without regard to the language used by the parties – is to secure payment of an obligation. A common definition for all forms of corporeal or incorporeal movable security and a single set of rules for their validity and opposability would insure the coherence and efficiency of French and Québec movable security law. It would encompass ownership-based forms of security, trust-based forms of security and other forms of movable security such as the right of retention.
Cotutelle entre l’Université de Montréal et l’Université de Paris I Panthéon-Sorbonne
Hudon, Jonathan. "L’hypothèque légale de la construction — Un outil de protection des créances des sous-traitants toujours efficace?" Thèse, 2016. http://hdl.handle.net/1866/18914.
Full textThe construction hypothec is the main mechanism for the protection of the claims of every participant in the construction industry. With the adoption of this legal regime, the Quebec legislator tried to protect the economic integrity of this industry. However, the use of notions more or less efficient for the execution of this legal regime, the increase of contractual mechanisms which avoid the application of the legal regime and legal dispositions which protect the owners harm the efficiency of the legal regime to correctly protect subcontractor's claims. Nevertheless, some correctives can be found to restore the legal regime's equity. Moreover, when a immoveable is owned by the State or any of its agents, it is practically impossible for a subcontractor to exercise his hypothecary rights because of the State's privileges and immunities. The property appropriated to public utility of the legal persons established in the public interest which are not agents of the State enjoy also a strong protection, particularly in the municipal sector. In any case, it is rendering illusory the exercise by a subcontractors of any of his hypothecary rights despite the fact that the legislator's goal, by maintaining this legal regime, was precisely to protect their claims.