Dissertations / Theses on the topic 'Inaliénabilité'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 19 dissertations / theses for your research on the topic 'Inaliénabilité.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Gaudemar, Hervé de. "L'inaliénabilité du domaine public." Paris 2, 2006. http://www.theses.fr/2006PA020061.
Full textMontagne, Lionel. "Le principe de libre circulation des biens en droit civil : contribution à son étude." Montpellier 1, 2000. http://www.theses.fr/2000MON10028.
Full textLonguépée, Daniel. "Théorie des droits de propriété, aliénabilité et ordre social." Amiens, 2004. http://www.theses.fr/2004AMIE0055.
Full textBeyneix, Isabelle. "Contribution à l'étude de la notion d'indisponibilité en droit patrimonial." Paris 1, 2004. http://www.theses.fr/2004PA010324.
Full textRaynaud, Benoît. "La stipulation d'indisponibilité." Paris 1, 2001. http://www.theses.fr/2001PA010340.
Full textMilleville, Sébastien. "Les restrictions au droit de disposer." Paris 2, 2008. https://hal.archives-ouvertes.fr/tel-01413680.
Full textPlanckeel, Frédéric. "Indisponibilités et théorie du droit : contribution à la redéfinition du système juridique." Lille 2, 2004. http://www.theses.fr/2004LIL20009.
Full textThe nature of such established institutions as clauses of inalienability or public domain inalienability is still an enigma. This is due to the incompatibility of inalienabilities with the traditionnal foundations of property law. So it is out of the theory of law that a summa divisio can be observed whereas objective inalienability directly relate to the objective property, wich is assigned to its proprietor even towards third parties, subjective inalienability abolish only the power of the proprietor. These two models allow us not only to develop for the first time a general theory of inalienabilities, but also to show the essence of fundamental concepts of subjective property, objective property, legal capacity, personal right and real right. These concepts even prove to be in the heart of a logical and universal system : it transcends the legal system, while making up its technical substance, specified according to the own principles of every State. This setting of legal system to equation invites to reconsider all the technical concepts, and paves the way for a theoretical unification of the diverse national systems
Audebrand, Grégory. "De l'incessibilité du contrat." Paris 2, 2002. http://www.theses.fr/2002PA020085.
Full textLaender, Marie-Hélène de. "Les sûretés négatives." Paris 1, 1998. http://www.theses.fr/1998PA010323.
Full textDue to the crisis period, an impressive increase in the number of firm failures has been noticed leading to a clear depreciation of traditional security. In the face of such situation, the business running reacted drawing from the contractual freedom resources widely available in law and newly expanding for a few years. Being the fruit of practical experienced people fertile imagination, the hatching of + negative pledges ; was one of their most obvious expressions. There are indeed normally forecast in bank relationship and in the area of firm groups financial plans. This new kind of security consists of, litterally or approximately, the negation of a right which can explains the origin of the designation: it is generally a matter of not doing commitments (to which are added doing commitments) undertaken in the view of avoiding any lessening in the value of the lienee's patrimony, usual lienor security. Behind this surface difference, is there not a uniqueness of nature consequential to their unquestionable backing function? On the other hand, as they are essentially contractual mechanisms, the question is posed as to know what is their real legal impact, as regards relations between parties as well as relations toward third-parties. Actually, we reach the major problem of + negative pledges ; efficiency as a security technique against the debtor insolvency. This question solved, it will be possible to determine their place in the security law
Foufas, Nikolaos. "Le concept d’aliénation de Rousseau à Marx : continuités et transformations." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100103/document.
Full textThis study examines the concept of alienation, and focuses more specifically on its genesis, its deployment, its particular history, its complex configurations, its multiple transformations. Three authors are highlighted: Rousseau, Hegel, Marx. The attempt to examine the concept of alienation in the forms that Rousseau, Hegel and the young Marx give it, has as its starting point the criticism of Althusser according to whom this concept rises from an abstract, metaphysical vision of history and from the activity of human agents. According to Althusser, alienation is indeed the humanistic expression of a philosophy of the return to the origins and of a reunion with a human essence that might have been lost. The philosophy of contractual alienation (as the basis for the institution of a political community in Rousseau), the questioning of the historical positivity in the writings of the young Hegel, and finally the critique of alienated labor forged by the young Marx in his Manuscripts of 1844, would they basically all be variations around the same essentialist conception of human history? Diverging from such an undifferentiated disqualification, the thesis proposes to develop the original and singular reflection that each one of these three authors is developing on the subject of alienation, while trying to highlight what they share, despite their differences. Because, speaking of alienation, is always here to question the socially induced mutilating loss of a relation to oneself, to others and to the world. And it is also always a subject to conceive historical conditions considered degrading that must be overcome. In other words, this study intends to not only show that alienation cannot be reduced to an abstract and naively humanist concept, but that it also forms a key benchmark, since it takes seriously the task of thinking of the impossibility for certain groups or certain social classes to achieve self-realization and thrive, amid a sustained deprivation of what can be provided by sufficiently rich and varied relations to oneself, to others and to the world
Plateaux, Wistan. "La cession des biens publics." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090017.
Full textEven though the disposal of publicly-owned assets is occurring more and more frequently, these activities remain doctrinally unclear. The discrepancy between the theory and practice of such disposals can be explained by their uncertain position between public law and private law. Consequently, when considering such disposals, attention is paid to their classification and the exercise of judgement which goes beyond the traditional distinction between public and private domains in favour of the application of a single principle of public ownership. This concept has as consequence the modernization of administrative property law in the context of public ownership with an emphasis on the criteria of institutional law. It also has the advantage of being put into practice immediately without intervention from the legislature. However, this model will only be sustainable if it can maintain a balance between the prerogative of the administration-owners and the continuity of public services. To maintain this legacy, the constitutional basis of the law of publicly-owned assets must be confirmed explicitly
Couderc, Irène. "Le domaine public mobilier." Thesis, Poitiers, 2015. http://www.theses.fr/2015POIT3003.
Full textFrench public entities (the State, local entities) can be owners of real property or movables. When these movables have a cultural value, they can be a matter of what the French law calls ‟domaine public mobilier”. These properties are subjected to legal rules which grant them a particular protection: they are inalienable; they are subjected to special rules regarding their preservation, their safety and their security. And these properties are subjected to particular legal rules allowing people to discover them in public museums, in public exhibitions, etc. How does the law identify these properties? Is the inalienability of these properties as “authoritarian” as the law wants it? These questions are in the heart of the present work
Saugez, Helene. "L'affectation des biens à l'utilité publique : Contribution à la théorie générale du domaine public." Electronic Thesis or Diss., Orléans, 2012. http://www.theses.fr/2012ORLE0001.
Full textThe public law of the properties is in full transformation. The movements affect mainly the definition of the publicproperty and that of the public domain. In the heart of these notions is the affectation of the properties in the publicutility. Indeed, this last one is directly bound to the public domain. The first remedy in the crisis was the adoption ofthe legislative reform of 2006 ending in the general Code of the property of the public persons.The affectation is relatively emphasis within this Code. The reform remains, however, superficial. Indeed, a logicdifferent from that of the property should have prevailed to resolve the major stakes in this crisis. Whiledemonstrating the notion of affectation, autonomous with regard to that of the public property, has to remain afundamental element of recognition of the public domain, this last one that must be reduced to the main part. But, itespecially has to lead, once freed from the organic criterion, in a better valuation of the public properties.Today, properties allocated to the public utility belong to private persons. They are not certainly a part any more ofthe public domain but remain nevertheless subdued with care of a protective legal regime, comparable to the rules ofthe public domaniality.At the end, the protection of the affectation envisages except the public property, while reconciling the satisfactionof the general interest with the economic imperatives
Thebault, Déborah. "Les biens publics en droit anglais." Thesis, Université Paris Cité, 2019. http://www.theses.fr/2019UNIP5034.
Full textAgainst the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law. This is inaccurate. This thesis aims to demonstrate the existence of a substantive public law in the English legal system. It does so by identifying a number of public assets. Substantive public law should be distinguished from judicial review, which is not substantive but procedural public law. The substance of English public law lies in a multitude of rules that deviate from the rest of the legal system. These rules are found not only in common law and equity, but also in statute and in delegated legislation. From the analysis of these derogative rules, it appears that public assets enjoy privileged legal treatment. This is triggered either by the "publicness" of the asset, such as the Crown or the public itself, or by the pursuit of the public interest, regardless of the public nature of the owner. My research reveals two sets of substantive public law rules applying to public assets. The first comprise adverse possession when applied to Crown lands and town or village greens. The second set encompasses charities, and assets owned by privatised services
Saugez, Helene. "L'affectation des biens à l'utilité publique : Contribution à la théorie générale du domaine public." Thesis, Orléans, 2012. http://www.theses.fr/2012ORLE0001/document.
Full textThe public law of the properties is in full transformation. The movements affect mainly the definition of the publicproperty and that of the public domain. In the heart of these notions is the affectation of the properties in the publicutility. Indeed, this last one is directly bound to the public domain. The first remedy in the crisis was the adoption ofthe legislative reform of 2006 ending in the general Code of the property of the public persons.The affectation is relatively emphasis within this Code. The reform remains, however, superficial. Indeed, a logicdifferent from that of the property should have prevailed to resolve the major stakes in this crisis. Whiledemonstrating the notion of affectation, autonomous with regard to that of the public property, has to remain afundamental element of recognition of the public domain, this last one that must be reduced to the main part. But, itespecially has to lead, once freed from the organic criterion, in a better valuation of the public properties.Today, properties allocated to the public utility belong to private persons. They are not certainly a part any more ofthe public domain but remain nevertheless subdued with care of a protective legal regime, comparable to the rules ofthe public domaniality.At the end, the protection of the affectation envisages except the public property, while reconciling the satisfactionof the general interest with the economic imperatives
Hulin, Anne-Sophie. "La philanthropie au profit des musées d’art : une étude de droit privé comparé (France/États-Unis/Québec)." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020070.
Full textWhether resulting from a private or public initiative, art museums have developed through the support of philanthropy (creation, funding the museums’ activities, development of museum collections). In recent years, philanthropy has become an increasingly popular practice in the museum sector, sometimes with the hope of reaching a level comparable to the American philanthropic practice. As a result, the French legislator undertook to support philanthropy by implementing tax incentives. These measures had an important effect as philanthropy for the benefit of art museums developed massively. However, the legal framework for philanthropy remains generally incomplete and its role in encouraging gifts underestimated. This observation has a particular resonance in the context of art museums, where the deficiencies in the legal framework for philanthropy have a significant influence on the conduct of museum activities. This observation is even a matter of urgency in view of the current context in which the legitimacy of tax incentive schemes is being discussed. Consequently, this work focuses on the legal qualification of philanthropic acts for the benefit of art museums in order to determine what complementary legal levers could be put in place to establish an attractive and sustainable legal framework. This approach is enriched by the legal comparison with the United States and Québec, as the former is the reference model for philanthropy for art museums, and the latter allows for a dialogue between civil law and common law traditions. More broadly, this work highlights the challenges related to the development of philanthropy for the benefit of art museums. It also pays particular attention to the power of private will in view of its growing influence on the conduct of activities in the public interest
Jullian, Nadège. "La cession de patrimoine." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G019.
Full textThe transfer of estate is a recent institution in French substantive law. It was established under Law N° 2010-658 of 15 June 2010 (The Limited Liability Sole Trader [EIRL] Act) and provides for inter-vivos transfers of estates. However, the concept comes into direct conflict with AUBRY and RAU’s famous late 19th century subjective theory of estates, according to which an estate issues from a person. Because an estate cannot be dissociated from the person who holds it, the link between the person and his or her estate cannot be severed, even by way of a transfer. The question thus arises as to how the very notion of transfer of estate could find its way into French law. The introduction of the transfer of estate into French law is actually an invitation to review the theory of estates, in order to understand how something that so far could not be achieved in a person’s lifetime has now become possible. It thus appears that under some conditions a person may willingly dispose of his or her whole estate without any prior liquidation. As the transfer is essentially a universal transaction, it may take several forms such as that of a sale or a gift of property (Part I : Establishing the transfer of estate in French law).The establishment of a legal framework for such a new concept was a delicate matter. Parliament was initially overtaken by the disruption it had caused and what were for all intent and purposes unforeseen (if not inforeseeable) implications. It did organise the transfer of estate as applied to Limited Liability Sole Traders [EIRL] but the resulting framework was both defective and incomplete. If one is to correct and complete the existing framework, one should not devise legal rules ex nihilo but rather draw from existing rules, particularly those that already govern some forms of universal transfers of estate, such as the law of mergers and acquisitions and the law of successions. Still, these rules must be adapted to the specificities of the transfer of estate, namely inter-vivos gifts and, now that French law recognises the plurality of estates, the possibility for the transferee to hold the estate separately from his own assets (Part II : Setting the rules for the transfer of estate)
Mogade-Saint, Auret Willy. "La cession entre proches." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D085.
Full textThe system of transfer of the corporate holdings of the company applicable between members of the same family is certainly privileged. But the legislator only takes into account some of them namely, ascendants, descendants and some collaterals. However, shares or stocks are part of the family's patrimonial assets. This incorporation serves as a pretext for better management of the family patrimony, but also for its transfer within the family. The often unstated aim is the sustainability of the family business within the family. However, legislator still does not recognize all types of contemporary family patterns. And for good reason, the notion of family is not defined in law. Yet this definition would be very useful to submit the transfers between relatives to a specific regime. The consequence is that business practice has developed a lot of rules to allow family partners to either stay together in society or get out of it. Indeed, the vagaries of family life command shares disposal. These are often extra-statutory pacts that serve as a support for the sale of securities. The problem is that they only commit their signatories. In other words, non-signatory family members of these pacts are not affected by them. Yet they are part of the same company and the same family. Can they raise a challenge in court? Because in many ways, these pacts are often on the borderline of illegality, including the prohibition of pacts respecting a future succession. Could the transferor's freedom of assignment be prevented in the context of a family company? The element of response is undoubtedly in the consecration of the family pact, a new independent legal tool designed to effectively supplement the company statutes
Gautier-Jacquet, Viviane. "Le Louvre des Sables : le dossier Abou Dhabi." Thèse, 2010. http://hdl.handle.net/1866/4275.
Full textAn intergovernmental agreement signed on March 6, 2007 provided for France’s support for the establishment of the first universal survey museum outside the Western world, in Abu Dhabi. It sparked a fierce debate over such issues as political interference in the museum’s affairs and the commercialization of the “Louvre” brand and of the works that are part of France’s national heritage. By examining the main points raised by critics, this thesis analyzes the social role historically played by the Louvre, the concept of national heritage and its current relevance, given the cosmopolitan nature of contemporary society and the phenomena of pluralism and globalization. It studies the museum’s financial resources, its methods of generating the funds to balance its budget and France’s desire to assert its presence, its dominance even, in an increasingly universal world culture, in order to make its national museums profitable. The notion of physical integrity versus the intangible transmission of the collective heritage is also addressed, while the principle of the inalienability of public collections is questioned somewhat in view of recent political developments. The agreement demonstrates an adaptation of the activities of a national museum faced with growing financial needs due to the pressures of the international art market and the realities of global business. It illustrates the dichotomy between the practical demands of the museum’s political and economic situation, and its more theoretical and intangible mission of preservation and research. It shows that the museum’s symbolic capital is also becoming a form of financial capital.
Pour respecter les droits d'auteur, la version électronique de ce mémoire a été dépouillée de ses documents visuels. La version intégrale du mémoire a été déposée au Service de la gestion des documents et des archives de l'Université de Montréal.