Dissertations / Theses on the topic 'Informations (Droit)'
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Marteu, Thierry. "Les informations génétiques saisies par le brevet d'invention." Nice, 2009. http://www.theses.fr/2009NICE0020.
Full textGenetic information is used as an obvious concept. In fact, this concept is extremely complicated with legal consequences in term of patent law. This research provides the foundation for thinking about a variety of forms of genetic information and legal consequences that may ensue. It follows that on the one hand, genetic information that is the root of a technical effect takes the character of a patentable invention, on the other hand, a paradigm shift occurred at the E. U level through the exclusion of human genetic information from the scope of patentability. Moreover, the question of the patentability of the human genetic information highlights the relevance of the access to genetic information properties, versus the potentially excessive privatization of the information
Dibie-Krajcman, Dorothée. "Informations génétiques et fonctions médicales : (essai sur l'ambivalence de la condition juridique des médecins)." Paris 1, 2002. http://www.theses.fr/2002PA010268.
Full textMarot, Pierre-Yves. "Les données et informations à caractère personnel : essai sur la notion et ses fonctions." Nantes, 2007. http://www.theses.fr/2007NANT4012.
Full textWhereas the primacy of the person is strongly stated by law, the splitting of the, legal sources devoted to the data and information pertaining to the person (personal data. Nominative information, privacy. . . ) is likely to set the dismantling of the person into as many specific legal statuses as there are data and information. The notion of privacy highly participates to this danger because, if its protection means the protection of an important amount of data and information, their nature doesn't indicate what legal status is to be applied in each case. In this context, it is not surprising to see courts allowing the modification of the civil status (names, surnames, sex. . . ) on the paradoxical rationale of the right of privacy, even if it in large parts depends on state decisions. Facing these conceptual contradictions, we note the emergence of a category of personal data and information which as common criterion holds the identification of the person thus allowed. Starting from this functional category, it becomes possible to explore its practical implication and to give an account of it. As it appears, if the use of personal data and information remains exceptional, it becomes massive as soon as public interest are concerned (e. G. Penal system, public health and public information). It is therefore advised to restore in all, its fullness. The principle of protection for personal data and information by strictly appreciating its exemptions and by relying on the necessary safeguard unavailability provides
Dulong, de Rosnay Mélanie. "La mise à disposition des oeuvres et des informations sur les réseaux : Régulation juridique et régulation technique." Paris 2, 2007. http://www.theses.fr/2007PA020079.
Full textGriffaton-Sonnet, Léo. "L'accès aux informations détenues par les agents publics : Allemagne, France, Royaume-Uni." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D091.
Full textThis thesis aims at finding if the constitutional law of Germany, France and the United- Kingdom allows the citizens of these countries to access information held by public authorities, and to compare the legal mechanisms involved. The question of the existence of a general right of access to information held by public authorities is well known in the field of administrative law. The French (17 July 1978), German (5 September 2005) and British (30 November 2000) legislators have answered to this question. On the contrary, the question of the conformity of these legislative texts (with the exception of the British act) to the local constitutional law has been largely left unanswered. Indeed, a possibility exists that those laws are unconstitutional, be it by creating a too wide or too narrow right of access. Firstly, the German Federal Constitutional Court never clearly stated the existence or non-existence of a constitutional right of access to administrative documents that could be invoked against the legislator. Secondly, the French Constitutional Council never had a say as to the constitutionality of the 1978 law or the recent Code Regarding the Relations Between the Public and the Administration. Thirdly, the British case law is still divided regarding the relationships between the various sources of law on the matter, so that the exact relationship between the Freedom of Information Act 2000, common law and the royal prerogative remains unclear. A comparative analysis allows for a better understanding of the constitutional law regarding access to the information held by public authorities. Through that lens, it appears that in Germany, it is impossible to invoke a general right of access to such information through relying on the words of the Fundamental Law. The legislator is left free. In France, on the contrary, such a right exists within the article 15 of the French Declaration of the Rights of Man and of the Citizen, so that the constitutionality of the laws on the matter could be challenged through individual constitutional litigation. In the United-Kingdom, the said disagreements regarding the ranks and validity of prerogative powers and common law do not weigh on the validity of the Freedom of Information Act 2000, which can be considered as the sole constitutional source of public information law. More precisely, the constitutional laws of the compared states present the following situations: a delegation to the legislator of the power to create or not to create a general right of access to information held by public authorities (Germany), a general but highly imprecise right of access (France) and a non-general but highly precisely stated right of access (United-Kingdom)
Der Zweck dieser Doktorarbeit ist zu bemessen, ob die Verfassungen Deutschlands,Frankreichs und des Vereinigten Königreiches den Bürgern dieser Staaten einen Anspruch aufZugang zu Informationen, die im Besitz öffentlicher Stellen sind, vermitteln. Im Zuge dessenwerden auch die damit einhergehenden juristischen Mechanismen verglichen. Die Frage desZugangs zu öffentlichen Dokumenten und den darin enthaltenen Informationen ist heutzutageein wesentliches Themenfeld der Verwaltungsrechtslehre. Sowohl der französische Gesetzgeber (Gesetz vom 17. Juli 1978) als auch der deutsche Bundesgesetzgeber (Gesetz vom 5. September 2005) und das britische Parlament (Gesetz vom 30. November 2000) haben sich damitbefasst. Ob diese Gesetzte dem Einzelnen zu viel oder zu wenig Zugang gewähren und damitgegen die Verfassung verstoßen, ist weitgehend (mit Ausnahme des britischen Gesetzes) ungeklärt geblieben. Zunächst hat das deutsche Bundesverfassungsgericht nie eindeutig geklärt, obsich aus dem Grundgesetz ein Anspruch ableiten lässt, der durch das erlassene Gesetz nichterfüllt wird. Zweitens wurde der französische Verfassungsrat nie mit der Frage der Verfassungsmäßigkeit des Zugangsanspruches befasst. Dieses Problemwurde weder mit dem Gesetzvom 17. Juli 1978 noch mit dem Gesetzbuch über die Beziehungen zwischen Bürgern und Verwaltung aufgelöst. Drittens klärte die britische Rechtsprechung nie völlig die Rechtsbeziehungen zwischen dem ungeschriebenen Recht und dem Gesetz von 2000.Durch eine rechtsvergleichende Analyse wird es möglich, solche Fallkonstellationenbesser zu verstehen und diese verfassungsrechtlichen Fragen zu beantworten. In Deutschlandist es heutzutage nicht möglich, einen allgemeinen verfassungsrechtlichen Anspruch auf Zugang zu Informationen geltend zu machen; die Schaffung eines Verwaltungsinformationsrechtssteht dem Gesetzgeber offen. Im Gegensatz dazu, besteht in Frankreich ein solcher Anspruchaus dem Artikel 15 der Erklärung der Menschen- und Bürgerrechte, so dass das gesetzlicheRecht auf Zugang durch individuale Verfassungsbeschwerde geltend gemacht werden kann. ImVereinigten Königreich haben die Meinungsverschiedenheiten in der Lehre über Wert und Geltung der Rechtsquellen keinen Einfluss auf die Wirkung des Gesetzes aus dem Jahr 2000.Durch den Vergleich der Verfassungsrechte wird deutlich, dass der Gesetzgeber zur Schaffungeines Rechts auf Zugang zu Informationen im Besitz öffentlicher Stellen ermächtigt wird(Deutschland), dass ein allgemeines, aber unbestimmtes Recht auf Zugang besteht (Frankreich)oder ein nicht allgemeines, aber voll bestimmtes Recht auf Zugang existiert (Vereinigtes Königreich)
Dulong, de Rosnay Melanie. "La mise à disposition des œuvres et des informations sur les réseaux : régulation juridique et régulation technique." Phd thesis, Université Panthéon-Assas - Paris II, 2007. http://tel.archives-ouvertes.fr/tel-00666307.
Full textBerger, Tristan. "L'accès aux informations environnementales et sanitaires : le cas des substances chimiques, des OGM et des médicaments." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D006.
Full textThalidomide, asbestos, tobacco, PCB, benzene, valproate, dexfenfluramine, ECB, PIP implants, chlordecone, BPA, glyphosate, etc., there is now a long list of environmental and health risks that both affected risk management and undermined the public’s trust towards institutions. In this context, the issue of transparency related to environmental and health risks has continued to grow, not only for the purpose of directly informing citizens, but also for the purpose of building a counterexpertise, with a growing number of organizations or researchers seeking to review and check official expertise, and to challenge the action or the inertia of public authorities or companies. As a result, expert agencies increasingly receive requests to access environmental and health information, including to detailed datasets and techniques to test their reliability. Despite the progress that has characterized public rights to access information over the past forty years and the display of an open data policy, this thesis is based on the observation that access to information regimes are not effective. Going beyond the causes traditionally analyzed by doctrine (length of the delays, culture of secrecy, complexity), the thesis seeks to identify systemic limits to public access to environmental and health information. In particular, it highlights three sets of structural factors. First, the system for assessing product safety, entrusted to companies, inherently carries a risk of conflicts of interest and therefore undermines the reliability of the data to which the public is entitled. Second, the claim of intellectual property rights on data produced by companies, subjects them to a privatization process. Third, the lack of enforcement power of expert agencies, caught in a stranglehold between the exclusive rights of companies and the rights of public access. Three case studies – chemicals, GMOs and medicines – are used to highlight these structural limitations to access rights and, simultaneously, to deepen ecological and health democracy
Diarte, Elsa. "Les informations sanitaires à visée économique relatives à la spécialité pharmaceutique remboursable émanant de la Direction des études et de l'information pharmaco-économiques." Bordeaux 2, 1999. http://www.theses.fr/1999BOR2P054.
Full textMontastruc-Depoutre, Sophie. "Droit, information et médicaments." Toulouse 1, 2011. http://www.theses.fr/2011TOU10033.
Full textDrugs are important topics in pharmaceutical law. Drugs are not a consummation product like others since their main goal is to improve human health. Thus, their development and use require specific rigorous regulations. Since several years, drug information is largely discussed by patients and their associations. Drug information appears to be now one of the most important questions of public health. The French Mediator® affair underlines the specific problems about drug information. Pharmaceutical law intents to give practical responses to this topic, including the specific characteristics of the involved product, drug. However, although pharmaceutical law brought some important answers, several difficulties still persist today, thus allowing the potential occurrence of other Mediator® affairs
Lemieux, Thomas. "L'équilibre du droit d'auteur à la lumière des droits fondamentaux." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA026.
Full textDifferent interests could come into conflicts in copyright law : on one hand those of the author and his/her right holders, and on the other hand those of the copyright industry and the Internet services. Copyright law takes all these interests into account. But now fundamental rights are cited by each actor to defend its own interest. These rights could influence copyright law’s balance. This thesis analyses the intensity of fundamental rights’ influence on copyright law’s legislation and jurisprudence
Agboton, Serge-Marie. "Information et secret médical en droit administratif." Paris 10, 2003. http://www.theses.fr/2003PA100149.
Full textLetteron, Roseline. "L'administré et le droit à l'information." Paris 10, 1987. http://www.theses.fr/1987PA100144.
Full textThe french freedom of information regulatory system was born in 1978, with a law establishing free access to government informations. Besides, this new regulation was completed by a data protection law and, the year after, the administration was bound to give reasons for negative administrative decisions. Providing free access to government files, this regulatory system was often presented as introducing a radical changing in french legislation. Before 1978, the administrative organization was relying almost exclusively on the secrecy principle. It is certainly the reason why french laws were influenced by foreign systems, especially by american freedom of information act, and by swedish data protection law. But, as regard to his practice, the new right to know did not upset the french legal background. Administrative secrecy is still powerfull, guarded by the public servants general regulations. Furthermore, the freedom of information must be conciliated with the secrets protected by law : protection of private life and of state security. French right to know has to compete with a legal system still ruled by traditionnal principles. "Contentious mind" and administrative secrecy did not disappear with the new regulations
Chen, Zihan. "Etude sur le droit à l'information génétique." Thesis, Toulouse 3, 2015. http://www.theses.fr/2015TOU30183.
Full textGenetic information has brought about profound social reform as one of the most important information resources in modern society. The protection of genetic information has concerned benefits of different entities including individuals, families, economic institutions and countries in multiple dimensions, such as private life, market and national strategy. In most of the prior research in this field, genetic information was confused with gene, as the material carrier, tissue samples and other type of personal information, neglecting the particularity of genetic information, or mere questioning of ethics and principles. But it is not enough to resolve the social problems and disputes in the case. This article establishing the vision of rights standard, along the research approach of "fact-theory-system", answers the questions: why protecting genetic information and why taking it as a right (Introduction). The article discusses the object of rights to genetic information(Chapter One), the subject of rights to genetic information(Chapter Two), the attributes of rights to genetic information(Chapter Three), developing the protection principles of rights to genetic information(Chapter Four). Finally, based on the above discussion, the author summarizes and reaffirms that the rights to genetic information is pointing to a new-type right by exploring the practice of protecting genetic information rights. In particular: In the first chapter, the author explores the genetic information, as the right object, in technological transformation. First of all, the paper defines the genetic information which differs from gene with the attributes of information and it must be acquired by Nucleic acid analysis and other scientific analysis. Second, the paper focusing on the social changes brought by genetic information, the author mainly explores the deep implications from technology to thinking-genetic information has been applied into DNA recombination technology, Human Genome Project and bio-pharmaceutical industries bring about great influence to our life through criminal justice and paternity test. Along with the technological innovation and thinking changes, new interests and disputes happened together. At last, the author explains the particularities of genetic information in technological transformation from the objective and subjective aspects
Chen, Peng. "L' information précontractuelle en droit des assurances : étude de droit comparé français et chinois." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32067.
Full textAdas, Ala'. "L'information des actionnaires dans les sociétés anonymes : étude comparative des droits français et jordanien : propositions pour un renforcement en droit jordanien." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32044.
Full textThe recent financial scandals that hit many limited companies in the world have revealed the need to strengthen the right of shareholders information about the situation of their society. France as well as Jordan were among the countries involved in these scandals. If the French law has responded to this issue by strengthening the right of information of shareholders of limited companies, Jordanian law, has not so far taken any steps in this direction.The comparison between the Jordanian and French law regarding the right of information of shareholders of limited companies shows that shareholders of French limited companies are better informed about the situation of their company than shareholders of limited companies of Jordanian law. This comparison also shows that strengthening the right of information of shareholders of Jordanian law requires on one hand, the affirmation of the right of shareholders to be informed and that, through the strengthening of their information process, and extending the field of information they have access, and on the other hand, improving the quality of information given to shareholders by strengthening controls over it
Senn, Juliette. "L’information comptable à caractère environnemental dans un cadre réglementaire : de la diffusion à l’utilisation de l’information." Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD029.
Full textCorporate environmental reporting is becoming more and more widespread and regulated. This dissertation specifically focuses on environmental accounting information (EAI) in this context. Our research draws on neo-institutional theory and concerns the concept of normativity. Three empirical studies, each dealing with one dimension of the information disclosure process, are conducted. They are all carried out in the French regulatory context. The first study examines how companies disclose EAI and the strategies adopted after the adoption of a new law. Based on a content analysis of the annual reports of 96 listed companies over the period 2009-2014, the results show that the law did not favor greater transparency in the EAI and we observe that companies choose different reponses to the law. The second study focuses on behind the scenes of these strategies to identify how producers of information organize themselves to respond to the regulations they are subject to. The results of 8 case studies show that two distinct strategies appear depending on the type of EAI. The third study focuses on the users of information behavior and how they react to the firms’ disclosure strategies. We consider the point of view of financial analysts by investigating the effect of firms’ EAI disclosure strategies on investment recommendations and perceptions of this item (as regards to both the relevance and credibility of information). Through an experimental study conducted with 145 participants, it turned out that these strategies modify both the perception of relevance and credibility of information. Overall, the dissertation contributes to our understanding of how companies (and actors) develop strategies to adapt to the introduction of new regulations
Jamay, Florence. "Le droit à l'information : un principe général du droit de l'environnement." Paris 1, 1998. http://www.theses.fr/1998PA010295.
Full textThe purpose of this writting is to show how the maladjustement of the mechanisms coming from the access to the information right lead to the creation of specific tools for the environment. These innovative mechanisms are able to open doors to the information right in order to resolve the crisis of the public decisions. This writting allows to make a reflection to the administrative democracy by the point of view of the information right principles. This work involves the right of environment (by the creation of specific mechanisms of information) and administrative right, boosted by the right of environment. In a matter of fact, the right of the environment is amorced by a militant point of view. So, this right will permit actions for the protection of the environment. Therefore, the right of the environment is a correct proceed for the right of the information in order to renovate the relation between civil society and state
Martin, Pierre. "Le secret des affaires en droit français." Lyon 3, 2008. http://www.theses.fr/2008LYO33016.
Full textIf the information about the life of the business is necessary, the trade secret is it also. But, what as it is agreed by « trade secret » ? Is it a legal notion ? At the moment, numerous information concerning the economic actors must be carried in the knowledge of the public. However, the transparency is only relative. This requierement of transparency in internal law and in community law did not annihilate the domain of the trade secret but did not considerably stress its variability, which resulted before from the only will of the economic actor. Besides, the legislator has, on multiple occasions, insurant in a indirect way the respect and the preservation of the trade secret ; the application of the numerous actions of common law in case of internal and external infringements shows of it. Having a domain and benefiting from an indirect protection, the trade secret is a legal notion ad can be defined as « the justifiable interest of the economic actors in the fact that the secret information by nature or by their will is not revealed ». However, the trade secret is sometimes put in danger. It would be sensible that the legislator establishes the following malpractice in the fifth book « The other crimes and the offences » of the penal code : « Is punished for 2 years of detention and for a 150. 000-euro fine the fact by every person for revealing or for trying to reveal a secret information by nature ou by the will ». A real protection of the trade secret would so be insured. For all that, its nature would be unchanged ; it would always be about a justifiable interest
Lacaze, Emily. "Codification et droit des collectivités territoriales." Cergy-Pontoise, 2005. http://www.theses.fr/2005CERG0242.
Full textThis doctoral thesis demontrate the links of dependancy that exist between the State's notion of local authorities and the codification it carries out of this law. Indeed, some juridical tendencies are brought to light by codes, as well as by codification. These tendencies are mainly the state's ones, as soon as this latter is at the root of codification, witch one has also to always be lying within the framework reform of the State. The evolution of the State's structure and the new arising sources of local authorities which cannot be codified in the scope of a national procees of codification. However, as you symbomically reinforce the mandatory nature of legislation, codification is keeping first on favouring the consistency of public politics on national and local levels, then on unifying local pratices according the national public tendancies
Marain, Gaëtan. "La juridicisation de la responsabilité sociétale des entreprises." Thesis, Paris 9, 2014. http://www.theses.fr/2014PA090008.
Full textSocial responsibility standards voluntarily set by a company create obligations both in respect of their issuers and their receptors. Law operates a double movement of legalization (they shall become binding for employees) and control (this binding nature is to exist only if it satisfies the justification and proportionality criteria) to standards that create new constraints for employees. The employer may, espacially by means of a code of conduct, restrict the exercise of freedom of its employees provided that such limitation is justified by the interest of the company and proportionate to the aim pursued. In addition, under the influence of a renovated corporate governance, social interest is now open to the interests of stakeholders. This changes the responsibilities of executives and forces them to set up and report on their corporate social responsibility policies. Once acquired the idea that a company has to integrate social responsibility into its business, the question of the legal nature of the measures implemented comes into play. One may distinguish on the one hand unilateral initiatives of the company, usually by means of a code of conduct and, on the other hand, concerted initiatives taking the form of international framework agreements. Both of these CSR instruments are relatively foreign to lawyers. After comparing codes of conduct and unilateral commitments, I attempted to legally qualify international framework agreements through a contractual perspective. From these analyzes, it appears that commitments entered into by a company, whether unilaterally or adopted after consultation, generate binding obligations. Standards of corporate social responsibility are subject to a process of legalization and individuals can now usefully use them as part of a trial to assert their claims
Kanellos, Léonidas. "Information juridique, intégration technologique et connaissance du droit dans l'Europe communautaire." Montpellier 1, 1990. http://www.theses.fr/1990MON10035.
Full textThe application of computerised information systems within the judicial and legal sector provokes newquestions and creates delicate problems. The author is trying to analyse the actual and potential impact of information technologies, "traditional" and modern, such as data bases, telematics, office automation, electronic information retrieval, cd-rom, expert systems, computer assisted learning to the accessibility of legal norms. Or, this analysis of information technologies applied on the legal sector has to be accompagnied with an analysis of the specific conditions of elaboration of law itself in national and european levels
Ndiaye, Elhadji Oumar. "La protection des bases de données par le droit d'auteur : approche comparative entre le droit français et le droit sénégalais." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD060/document.
Full textIn a global context marked by the rise of an information society, shared knowledge and digital economy, this study proposes an assessment of the protection of databases by Copyright (french meaning), privileging a comparative approach between French and Senegalese law. By highlighting the elements of convergence but also of divergence that emerge from the confrontation between the two legislations, this analysis starts from the identification of the strengths and weaknesses of copyright, to propose orientations aimed at improving the legal framework for the protection of databases. Copyright being the unanimously consecrated protection mechanism for databases, it is necessary, far from divesting it, to identify the best legal options that could contribute to its reinforcement. In this respect, it is imperative to take into account a perfect balance between the various interests for the development of the information society
Hance, Olivier. "Le statut de l'information en droit communautaire : essai inductif à partir du régime commun des droits et libertés qui encadrent la diffusion interactive d'informations pour un large public sur les réseaux informatiques ouverts." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32003.
Full textThis study is devoted to the status of information in European law : an inductive essay based on the general regime of rights and liberties circumscribing the interactive public distribution of information over open information networks. It's first part demonstrates that the rights and liberties do not assure anty direct relationship of authority between their holder and the information (analysis of their object and the object of their conciliations). The second part of this study proposes a status of information where it is characterized by the inalterability of liberty which protects it, precluding neither the protection of its various "states" (the objects of the liberties and rights studied) nor the regulation of its communication. This nonetheless requires, theoretically, that the relationship between the magistrature and information, at the moment of the decision, be specified and, on that an attempt be made to sketch a new rationality for any furthet categorization of information
Bigot-Destreguil, Marine. "Le bien-information." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D010.
Full textIn an environment of globalization, and in a strategic innovation and information society, information has become an element of functioning and an essential factor of economic development for companies. Faced with new political, economic and even sociological issues, the need to identify information has become more and more ardent. Nevertheless, uncertainty remains as to the notion of information and, despite the many attempts of the legislator, it seems difficult to define if precisely. Therefore, the development of a definition of information seemed necessary. It was considered preferable to use a negative and positive definition of information. The legal analysis of information then involves carrying out a qualification operation, which may seem delicate, as the legal reality of information is diverse. In the case at end, it is the investment-value, which makes it possible to attract the information in the category of assets. In this respect, the novelty aroused by the immaterial value of the information does not seem to be adapted to the classical conception of the right of property. The information is actually a potential supplier of income, and the property as retained in the demonstration, is the one that must guarantee to ifs owner to exploit al! the utilities of the asset. It is therefore a more flexible property which does not allow itself to be enclosed in the simple triptych of the usus, abusus and fructus, but which, on the contrary, develops infinite possibilities, provided that the owner has absolute control over his asset-information
Ouirini, Hanane. "Essai sur l'européanisation du droit de la consommation." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2051/document.
Full textConsumer protection law is inherently impacted by EU law. European contract law in general, and European consumer protection law specifically, are at the heart of tensions between EU institutions. Driven by a desire to create a European Civil Code covering contract law, tort and negligence law, and negotiorum gestio, EU institutions are confronted with fear and hesitation at the local level regarding their specific characteristics. The legal debate analyses and assesses the short-term and structural impacts resulting from the 'Europeanisation' of consumer protection law. Like it or not, socio-economic conditions are changing and we can no longer disregard a global and European approach, if only to promote and expand the internal European market. Consumer protection law is an area where opposing interests collide, and these should be reconciled. That's why there have been proposals to standardise law at the European level – to create a homogeneous group of laws that are clear and accessible and that would guarantee efficient protection for consumers, who are key to this whole process
Muñoz, Ureña Hugo Alfonso. "Principe de transparence et information des consommateurs dans la législation alimentaire européeenne." Nantes, 2010. http://www.theses.fr/2010NANT4013.
Full textThe protection of human health and the protection of consumers' interests are both general objectives of the European food legislation. Consumers' information's a key rote to achieve these objectives. Consumers can make informed choices based in the information that is given to them. So, freedom of choice makes consumers responsible for the protection of their own interests and health. In order to accomplish the general objectives of food legislation, transparency is fundamental. If transparency is not sufficient, consumers have to make a non-well informed choice, which means that objectives would not be achieved and also, that consumers would be unfairly forced to assume more responsibility. All throughout this piece of work, we analyze if transparency in food legislation is "sufficient" to attain its objectives. Therefore, in the first part, transparency about food stuff is analyzed, which helps consumers to protect their interests. In the second part we analyze transparency about food risks, which helps consumers to protect their health
La legislación alimentaria europea tiene como objetivos la protección de la salud de las personas y de los intereses del consumidor. En vista de la realización de estos objetivos, la información del consumidor juega un papel importante. Con fundamento en la información que se le proporciona, éste puede escoger en conocimiento de causa. La libertad de escogencia hace que el consumidor sea responsable de la protección tanto de su salud como de sus intereses legitimos. La transparencia es fundamental para el cumplimiento de los objetivos generales de la legislación alimentaria. Si la transparencia no es suficiente, el consumidor deberá escoger sobre la base de informaciones incompletas, lo que no permitiría alcanzar los objetivos propuestos y generaría, además, su "responsabilización". A lo largo de este estudio se analiza si la transparencia en la legislación alimentaria es suficiente para cumplir sus fines. En la primera parte del trabajo se estudia la transparencia sobre los alimentos, la que se orienta principalmente a la protección de los intereses del consumidor. En la segunda parte se trata el tema de la transparencia sobre los riesgos, la que permite al consumidor proteger su salud
Vivini, Marie-Geneviève. "Information et consentement en pédiatrie : enquête auprès de 188 pédiatres." Bordeaux 2, 1997. http://www.theses.fr/1997BOR2M097.
Full textPigeon, Anna. "Les enjeux juridiques de l'accès à l'information génétique." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10008.
Full textLe résumé en anglais n'a pas été communiqué par l'auteur
Vincendeau, Benjamin. "La Responsabilité sociétale des entreprises : Étude comparée du droit américain et du droit français des sociétés anonymes cotées." Thesis, Cergy-Pontoise, 2016. http://www.theses.fr/2016CERG0836.
Full textHistorically, the emergence of the company is consubstantial to the questions relating to the consideration of workers by business corporations. The globalization has created the conditions for the development of these business corporations and has has revealed a new relation between them and civil society. As part of the perspective of economic and social revolutions that have marked the evolution of the Western world since the early nineteenth century, the legal assessment of the Corporate Social Responsibility reflects a paradigm process that has its roots in the US Law. Defined by the European Commission as "corporate responsibility vis-à-vis their impacts on the Company," Corporate Social Responsibility of the Company will nonetheless protean due to the fact that the determination of its content finds its base in the corporate governance. Nevertheless, the various cases of environmental pollution and violations of human rights involving multinational companies have led States to progressively reconsider their position on the regulation of socially responsible corporate commitments. Therefore, a co-regulation of Corporate Social Responsibility tends to emerge within national systems. But the approach adopted by the States is different. In this regard, we will focus on a study in comparative law perspective between the main legal models of CSR: namely French law and American law. The companie that will be studied is the business corporation because is the main model of big business. Specifically, this research will aim to build an effective system of Corporate Social Responsibility of the Company under French law. In this perspective, it will be helpful to tap into American law which is the precursor law in this area. A test on the integration of Corporate Social Responsibility of the Company in the general theory of the companies will be realized. Finally, will be made some proposals on the various tools of soft law to hard law instruments of Corporate Social Responsibility of the Company
Gaston, Philippe. "Vers un droit du médecin généraliste libéral à l'information relative au médicament." Thesis, Paris 8, 2014. http://www.theses.fr/2014PA080014.
Full textThe proper use of medicinal products is in the general interest and a public health issue. The quality of the information received by the prescribing general practitioners is a determining factor in the good use of medicinal products. The health crises related to medicinal products have revealed their misuse due to prescribers’ lack of information. Doctor’s prescriptions are the patient’s only means of access to the medicinal product. A prerequisite for the sale of medicine eligible for refunding, general practitioners are receiving a great deal of attention from pharmaceutical firms. The marketing strategy is global and the visit of pharma reps is its armed wing. Companies invest disproportionately compared with public authorities.Which means that most of the information received by prescribers comes from the pharmaceutical industry. The information provided is biased and doesn’t stand the test in the face of public interest. Faced with the power of the pharmaceutical industry one should not ask how it could be improved but how to change it. This research paper will demonstrate that it is in the general interest that when it comes to the information given on the proper use of medicinal products, a paradigm shift is not only needed but also possible. The author seeks to encourage the legislator to provide the prescriber with the statutory right to receive independent public information on medicinal products. It proposes to make this right effective by setting up a new public service under the auspices of a new actor, the Pharmaceutical Informer, which would be conducted and managed by an autonomous Agency providing independent information on medecinal products
Ould, Eba Moussa. "Le rôle de l'information en droit des entreprises en difficulté." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10079/document.
Full textInformation is a reliable means of management and essential for the protection of the interests of actors in economic activity. It plays an important role in the prevention and treatment of business difficulties. Indeed, in light of the accounting, financial and social information, managers can prevent problems and make decisions appropriate to the situation of the company. However, in case of insolvency, the need for protection is substituted for that of prevention. The role of information is therefore to ensure the smooth running of insolvency and to protect the interests of the parties
Reidenberg, Joel R. "Le droit et les réseaux internationaux d'information." Paris 1, 2003. http://www.theses.fr/2003PA010258.
Full textAllaoui, Abdelkader. "L information des actionnaires dans les sociétés par actions en droit algérien." Perpignan, 2009. http://www.theses.fr/2009PERP0976.
Full textBéry, Alain. "Information et et consentement dans le cadre de l'exercice de l'odonto-stomatologie." Paris 8, 2003. http://www.theses.fr/2003PA083694.
Full textProviding information for patients, whether for a research project or for healthcare, is a necessary pre-condition for appropriate informed consent. After having been fully informed, the patient can decide whether or not to participate in the suggested procedure. In the framework of the private practice of dentistry, the treatment contract reflects the specificity inherent in the free-for-service system; the same thing is also true for esthetic surgery. To allow a place for consent is to recognize the right of patients to exercise autonomy. Consent, viewed this way, takes its place as a counter-weight to medical paternalism, which has long shackled patients in the inferior position of dominated/dominator relationship, and signals the end of medical imperialism. Consent based on patients' autonomy creates a new equilibrium in the medical team/patient relationship. Law n° 2002-303 of March 4th, 2002, which deals with patients' rights and the quality of the health system, is a text crucial to the patient/healthcare provider relationship. It is in this sense that the two parties in this work share the duties on information (a pre-condition to free and informed consent) and, in addition, share the duties of free and informed consent itself, which is the essential underpinning of a valid healthcare contract
Suret, Bensussan Virginie. "Secret professionnel et droit européen." Paris 1, 2000. http://www.theses.fr/2000PA010282.
Full textChen, Chwen-Wen. "Les situations transparentes en droit administratif." Paris 2, 1999. http://www.theses.fr/1999PA020059.
Full textEsplan, Nicolas. "Les métamorphoses de la relation de soin au prisme de l'évolution numérique." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10028.
Full textThe exchange and the sharing of information became nowadays an act of current management for the whole professional world. However, from the legal point of view, this situation calls due to its complexity. Through the regulation of the information, the dematerialization of the exchanges, the increase of the actors, the professionals of the law have to wonder concerning the interaction between the possible technical and the statutory imperatives. Domain among so many others, the sanitary world constitutes undoubtedly a space allowing to study this movement in two time, in particular when we observe more particularly the relation of care. Indeed, the digital evolution which applies henceforth to this relation really constitutes a significant stage in the long historic development of the medical science. Of course, mixing quite at once modernization and transformation, it obliges a reflection where becomes entangled commonness and originality. But this reflection turns out necessary, because if the digital development participates in a better quality of the care and in a better coordination, he does not have to make forget that he is above all in the service of the individuals
Ariaeipour, Ali. "La responsabilité du fait des produits défectueux en droit des affaires internationales et comparé (droit européen, droit français et droit iranien)." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30018.
Full textProducts liability is the name of a field of law concerning the liability of persons who are engaged in the business of selling or otherwise distributing products who sell or distribute a defective product for harm to persons or property caused by the defect. They are strictly liable. Their liability is a kind of liability which goes beyond the traditional distinction between the contractual and tortious liability. The United-States of America and European Union have the most developed products liability laws in the world. In the United-States the American Law Institute memorialized precedential rule of strict products liability in tort in §402A of the Second Restatement of Torts, and officially promulgated it in 1965. In 1992, the American Law Institute began working on a new Restatement (Third) of Torts on the specific topic of products liability law, approving the new Restatement in 1997 and publishing it in 1998 as The Restatement (Third) of Torts: Products Liability. In Europe, Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) constitutes specific law of products liability of European Union member states. This directive has been transposed in French law by 19 May 1998 act and formed articles 1386-1 to 1386-18 of civil code. Fault is the only legal basis of Iranian products liability law. For solving conflicts of laws and jurisdictions which arise from international trade of products and determining the applicable law and competent jurisdiction we can implement international conventions and regulations which have been elaborated on this subject as well as traditional rules of conflicts of laws and jurisdictions of the countries
Hamtat, Olivier. "L’obligation d'information des patients en matière d'actes chirurgicaux." Pau, 2006. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/l-obligation-d-information-des-patients-en-matiere-d-actes-chirurgicaux-9782848741352.html.
Full textThe obligation for a surgeon to provide information to his patients keeps on strengthening. This evolution stems both from a movement of secularisation of the medical practitioner’s function and from the growing consideration of the patient and his will. Better informed about all that concerns health, especially by the media, the patient probably asks to the practitioner to inform him about the results of his investigations and to be involved in the decisions to be made concerning the diagnosis and treatment of his disease. Furthermore, when several therapeutic ways may be contemplated for the treatment, it is more and more often proved that the choice of one therapeutic way does not only follow the dictates of biomedical criteria the practitioner may put forward. In addition to that modern medicine brings about more invasive practices into the patient’s body : in addition to the urgent repairing surgery there exist nowadays very invasive preventive interventions. All this makes the patient co-operation all the more necessary and the explanation to give to him all the more essential. The acknowledgement of a responsible patient faced with the surgeon authority creates a less hierarchical relationship. It’s on a more egalitarian ground that modern Law delineates the new guiding lines of the obligation to provide information to the patient and the requirement of his informed consent to the surgical intervention
Berset-bircher, Valerie. "Les systèmes d'information et la vie privée du salarié : analyse en droit européen, en droit suisse et en droit français." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA030/document.
Full textAs a result of information and communication technologies, ties of a legal, social economic and organisational nature between employee and employer have changed. Use of technology impacts several areas and dimensions of the working arrangement that are inextricably linked to the employee’s personal status. Using Article 8 EDHR as the leitmotiv and main source of analysis, this thesis reaffirms that employment law and human rights law are intertwined, and that Article 8 EDHR can be applied to relations between worker and employer. Using a comparative approach, the author analyses employees’ rights to privacy under European, French and Swiss law — highlighting their differences and shortcoming in relation to each other. Part one lays the foundation of employees’ rights to privacy with regard to family life, home life, correspondence and data protection. The delicate balance between the interests of the company in safeguarding its security and those of the worker in protecting his or her private life are analysed. Part two deals with the way in which privacy protection can be implemented, looking at the drafting of standards, types of regulation and the application made of the latter by national oversight bodies and by agents inside and outside the company. The research demonstrates that, on the basis of comparative analysis, improved protection of basic rights to employee privacy can legitimately be put in place through a company’s bylaws, preferably through discussions and negotiations with social partners. The goal is to shield employees’ privacy, not only in theory but most importantly in practice
Ibrahim, Majida. "L'atteinte à la transparence des marchés financiers : l'exemple du délit d'initié : étude comparée du droit français et du droit libanais." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1030.
Full textInsider trading can be illegal or legal depending on when the insider makes the trade: it is illegal when the material information is still non public, trading while having special knowledge is infer to other investors who don’t have access to such knowledge. Directors are not the only one who has the potential to be convicted of insider trading. People such a brokers and even family members can be guilty. Insider trading is legal once the material information has been made public, at which time the insider has not direct advantage over other investors. The tendency is to the criminalization of insider trading and the foundation of a specific regulatory authority for financial markets. The work is therefore based on a study of different law enforcement jurisdictions which trend to ensure markets transparency and ensure the respect of equity between the operators by the phenomenon of regulation. In a first approach, we study the originality of the crime including the double definition that generates a double prosecution: criminal and administrative. And in a second approach, we analyze the effectiveness of the repressive system in which we realize that this duality of the repressive system facing the non bis in idem can only be seen as coherence and complementarily between the two orders of jurisdictions
Maatouk, Mohammed Jamal. "L'information des actionnaires dans la société anonyme en droit marocain." Perpignan, 2001. http://www.theses.fr/2001PERP0412.
Full textSergakis, Konstantinos. "La transparence des sociétés cotées en droit européen." Paris 1, 2010. http://passerelle.univ-rennes1.fr/login?url=https://www.numeriquepremium.com/content/books/9782919211166.
Full textGhozia, Amel. "Expertise et santé : approche juridique conjointe des expertises médicale et sanitaire." Versailles-St Quentin en Yvelines, 2013. https://www.bnds.fr/collection/collection-theses/le-droit-de-l-expertise-medicale-et-sanitaire-9782848747798.html.
Full textHealth, whose definition is particularly delicate, cannot be tackled by Law without previous ad hoc expertise. Indeed, whenever Health questions Law, but also whenever Law itself questions Health, expertise is at the heart of all these reflections. It provides a lightning to allow the person or the competent authority to then make a decision with full knowledge of the facts. Thus, because health crisis keep on following one another and because the compensation systems of victims because of personal injury are constantly being criticized- despite the various reforms- this study has been trying to achieve a joint approach of medical (medical assessment of injury ) and sanitary ( scientific health risk assessment ) expertises. The aim is to clarify and have an overview of the interactions between law, science, and health on the one hand, and , on the other hand, to have a global vision of the role and importance Law gives to expertise when issues are being raised concerning health in all its forms. The study of procedural and functional organization of expertise on health has been revealed by ambiguities and shortcomings, which, in our opinion, could be solved only when legislators decide upon a pro-active attitude - meaning acting before the crisis- that's why this study proposes to adopt a systemic analysis to improve the whole decision-making process related to health in which the expertise is only a sub-system
Zulian, Isabelle. "Le gène saisi par le droit : la qualification de chose humaine." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32055.
Full textThe DNA of human origin is one of the elements of the biological definition of the Man since it takes part of his genesis and its development. Information which conceal this molecule of DNA is clean, at the same time, with the human race, and the being from which it is resulting. Element of the human body, this entity can, from now on, be dissociated about it. This vital element becomes, then, a particularly coveted resource, as well by the scientists as by the industrialists, since it became a formidable tool of exploitable knowledge. However, the right, whose anthropological function is irreplaceable, must take care that this source of the life cannot be the subject of any privative right. The phenomenon of reification of DNA, induced by the desire of appropriation which it causes, is likely of instrumentaliser the human being. The legislator must, consequently, try to dam up these threats which the duelle nature of gene can induce. The present study, in a research which wants to be all at the same time positive and prospective, proposes to show that only an intermediate qualification, following the people and in prelude to the things, the concept of human thing, makes it possible to equip this entity with a mode sui generis, enough flexible to take account of the reification necessary and impossible to circumvent of which it is the object and, nevertheless, sufficiently constraining to prevent that its specificity purely and is simply evacuated
Codron, Clemence. "La surveillance diffuse : entre Droit et Norme." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D002/document.
Full textThe purpose of this research is to understand how diffuse surveillance fits into the evolution of legal concepts of privacy and personal data. Contrary to the abundant literature on the subject of surveillance, it is not a questionhere of highlighting the need to find a balance between surveillance in its security dimension and the protection of privacy and data, as a fundamental freedom recognized by French and European institutions. This search for a balance between security and freedom must necessarily be overcome to understand the phenomenon of diffuse surveillance. Surveillance is no longer just a search for information about a potentially dangerous individual. Rather, it is a continuation of what Hannah Arendt calls the « crisis of culture ». Diffuse surveillance is even oneof the features of contemporary culture dominated by fear, consumption and alienation by technology. Having become the new accepted social norm, the diffuse surveillance deinstitutes the right of the personal data and the protection of the private life. Gradually, it also deinstitutes the Law to profit from the economic liberalism that it carries within it
Colombet, Hélène. "L'obligation d'information sur les règles de droit." Thesis, Saint-Etienne, 2015. http://www.theses.fr/2015STETT120.
Full textThe knowledge of the rules of the law appears to be equally imperative and challenging. The rules of the law are created for the benefit of members of the society. Their vocation is to be spread across the social sphere in order to reach their recipients, the citizens. However the acquisition of this knowledge is proving testing due to its complexity, inconsistency and abundance, yet, all should be aware of the law. The necessity to ensure access to the law and the effectiveness of the rules, has Iead to the development of the obligation of information on the rules of the law. This proposal has for effect to enable a persan "the debtor" to inform another "the creditor" of the informations regarding the rules of the law in effect. These are known as "push informations" which are supplied to anyone without being requested. This obligation of information is a way to ensure the protection of people in a position of weakness, it also provides guidance regarding the legal environment. lt is essential in order to exercise sound judgment to ensure the welfare of the persan.This thesis proposes to analyse the obligation of information on the rules of the law. lt will expose its singularity and organisation. On a wider scale, the study calls on the connection between the rules of law and the citizen. The focus is on the investigation of the reasons the authorities consider, the ever expanding knowledge of the rules, essential. Thereby, it is the opportunity to ponder the conditions of implementing the rules of the law, and more specifically, the role played by the knowledge of the rules in their implementation
Gavarri, Laurent. "Le bien information : Possession, Appropriation, Exploitation." Toulon, 2008. http://www.theses.fr/2008TOUL0054.
Full textConcrete expression of information can be observed through the exercise of a power of use by its possessor. This is a matter of true possession, which in the absence of the establishment of property rights in respect of the "chose", can be protected, in a very incomplete way by criminal law, and moire effectively by civil liability. The control of commercial exploitation of personal information can also be ensured in a paradoxical manner by the rights inherent to the human being. Private reservation of the "chose" has limits however and the imperatives of general interest can justify recourse to category of common things in order to excluse the information from selfish use. When the need for protection is too significant, the legislature can intervene so as to establish exclusive monopolies of exploitation, characterized by their "erga omnes" opposability, which consitutes true property of information. A new intervention by the legislature, so as to establish a right adapted to the weak degree of creativity of productions is therefore conceivable. This right must be non exclusive and must give values. It could also be applied to the patrimonial exploitation of personal information. Lastly, a particular type of information deserves the elaboration of a specific protection. It is a question of scientific discoveries, the patrimonial value of which is a revealed by the exploitation of an industrial application. It is therefore this exploitation that must give birth to right to remuneration
Lesault, Alexandre. "Approche juridique de l’information en santé." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10026.
Full textThe information constitute a biological and intellectual need indispensable to the survival of the Men. However the information remains for all that legally an impalpable notion. In this opportunity, we chose to study the information under the angle of the health. In the field of the health, the information, as means of transmission between the professionals and the patients, was relegated for a long time in the background, even considered as not necessity and it will be necessary to wait for the second half of the 20th century, so that a reaction takes place and so that the individuals made the request of a care more balanced in the field of the exchanges. In this movement, the right played, naturally, a not insignificant role. Both by the jurisprudence, and by the law, it accompanied the relational transformation and the progressive change of model. The objective of these works thus is to try to arrest what we understand by "information" in the field of the health. In our sense, the information constitutes first of all a tool of regulation because at the risk of penalties, the information has to circulate between the patient and the practitioner. The information is also a tool of support of the relation of care because health professions can be brought to resort to tools of promotion allowing them to come to touch more confidentially the patient
Pitzalis-Welch, Cécile. "La sanction de l’obligation légale d’information en droit des contrats de consommation : étude de droit français et luxembourgeois." Thesis, Université de Lorraine, 2016. http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2016_0239_PITZALIS.pdf.
Full textNumerous legal duties to disclose information are promulgated in consumer contract law by the legislational body of the European Union and are thus common to French and Luxembourgish laws. In this context, the legal duty to disclose information possesses a double objective to protect the consumer by enlightening their consent, and regulating the market by favoring loyal competition. A breach of obligatory information disclosures by a professional must be sanctioned to ensure the effectiveness of the obligation. The penalty for breaching the legal obligation to disclose information in consumer contract law must be analyzed using its angle of efficiency within the capacity of its effects to reach the assigned goals. Analyzing French and Luxembourgish consumer contract laws, both similar but with specificities, surmounts a perspective of legislatory choices in terms of sanctioning the legal duties to disclose information, and also aids by informing proposals to improve these current systems of sanction