Dissertations / Theses on the topic 'Lésion (droit)'
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Chantepie, Gaël. "La lésion." Paris 1, 2005. http://www.theses.fr/2005PA010272.
Full textCharhbili, Abdellah. "La lésion dans les droits d'Afrique du Nord francophone : Maroc et Tunisie." Perpignan, 2003. http://www.theses.fr/2003PERP0494.
Full textThis study try to treat one of problems of contract always discussed. The lesion, defined as the pecuniary damage that sustains one of contracting parties owing to the imbalance and disparity between the exchanged services, can disclose that the consent was imperfect. In North Africa's laws, and particularly in Moroccan and Tunisian laws, lesion has to be taken into account only when the volition of the capable injured party is implicated by fraudulent effects. In case of incapables, lesion is more simple. The injured party can take advantage of rescission if the damage that he suffered is estimated at more than third of the real value. So, lesion is considered exceptionally in order to preserve contract's security. How the inured party can re-established order of adequacy in contract ? At what point Moroccan and Tunisian laws have succeed to preserve the contractual justice ?This is two important interrogations that this study try to satisfy
Mrabti, Abdelkader. "Contribution à l'étude critique de la notion de lésion." Paris 2, 1986. http://www.theses.fr/1986PA020053.
Full textAnvile, N'Goran Jean-Jacques. "La lésion dans la vente d'immeuble." Nancy 2, 1991. http://www.theses.fr/1991NAN20012.
Full textArticles 1674 to 1685 of the code of civil law grant the profit for abrogation in the event of lesion to the seller only of real state and only in the realm of real estate. This restriction, which is justified by the great value of real estate and by the necessity experienced by the seller in procuring a certain sum of money, seems injust and inappropriate in this day and age, in the sense that some tangible personal property has a value equal to, if not sometimes greater than, that of real estate. Furthermore, the purchaser of real estate is occasionally compelled to accept an exorbitant price. In other respects, new contractual techniques have appeared and the purchaser finds himself, for the most part, affronted by construction experts. Thus, substantive law favors more and more the protection of the purchaser of real estate who is considered in the same light as a consumer. The question necessarily arises whether the position adopted by the drafters of the code of civil law, with regards to lesion, should now be reviewed with the legal and economic data of modern times
Lasbordes, Victoire. "Les contrats déséquilibrés : thèse pour l'obtention du grade de docteur en droit." Toulouse 1, 2000. http://www.theses.fr/1999TOU10078.
Full textPignarre, Louis-Frédéric. "Les obligations en nature et de somme d'argent en droit privé : essai de théorisation à partir d'une distinction." Montpellier 1, 2005. http://www.theses.fr/2005MON10068.
Full textSecnazi, Raphaelle. "Le contrat léonin." Paris 1, 2000. http://www.theses.fr/2000PA010309.
Full textBerthiau, Denis. "Le principe d'égalité et le droit civil des contrats." Paris 2, 1997. http://www.theses.fr/1997PA020042.
Full textBoronad-Lesoin, Elodie. "La nullité facultative." Grenoble 2, 2000. http://www.theses.fr/2000GRE21032.
Full textPiette, Gaël. "La correction du contrat." Pau, 2002. http://www.theses.fr/2002PAUU2003.
Full textThe correction of the contract is a process whereby the judge rectifies the disparity between the bonds of the parties. The subject of this study is to attempt to do a theory of the correction. This theory is unknown to the French law of contract, who declines the correction, or allows it in some hypothesis. By reason of its economic and juridical utility, a moderate extension is opportune. The theory of the correction of the contract can be based on theory of the cause, who is the interactive combination of a patrimonial interest and a psychological interest who incites each party to contract. The contractual disparity can be analysed as an insufficiency of cause, who is rectified by the correction. The analyse of the realization of the correction require the study of its scope, its conditions, its methods and its effects
Orsini, Louis. "Le juste prix dans la vente d'immeuble." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32013.
Full textThe sale of real estate is the most important and significant of contracts in which the transcendant necessity of an objective fair price is directly taken into consideration by law, through the sanction of objective lesion. Actually, the concepts of fair price and objective lesion are dialectically linked up and interdependent. Objective lesion is a specific defect of the contract, practically showing itself by an absence of equivalence between the contractual benefits. In the sale of real estate, objective lesion will mechanically lead to the nullity of the contract from the moment that the quantitative lack of equality of the contractual benefits as assessed at the value of the monetary standard will exeed the 7 12 th of the connection between the objective fair price of the sale as fixed according to the venal value of the real estate reflecting the normal price of the marked on the one hand, and the very low price perceived by the seller when concluding the unbalanced contract on the other hand. Directly based on an objective theorie of the fair price, objective lesion is a "sui generis" and autonomous judicial institution, utterly opposed to the leading principle of the "autonomy of will"as shown in the study of its judicial system, in positive law and compared law just as well
Le, Gac-Pech Sophie. "La proportionnalité en droit privé des contrats." Paris 11, 1997. http://www.theses.fr/1997PA111014.
Full textThe recent developments of case-law show an ever growing trend in favour of contractual balance. However given the lack of general reflection upon this concept, cases are manifold and fragmentary. Therefore the emerging principle of proportionality appears as an instrument capable of federating the various solutions used to remedy the imbalance generated by a clause or lack of equivalence in the exchange. The durability of the contractual bond requires a restored balance. If the law does not lack legal tools, a better understanding of contractual balance could come from the principle of proportionality, often present in foreign systems. A precise and strict idea of the extent of contract terms should give rise to a measured broadening of excess control while favouring an economic analysis of the law of contract. In revealing disproportion in obligations, it is possible to evaluate imbalance and thereby restore a balanced contract in allowing review of excess. This double function enables us to affirm the superiority of this principle over other existing remedies, even when amended
Castro, Nino Natalia. "Du dommage aux lésions collectives : recherches sur des concepts adaptés aux enjeux contemporains de la responsabilité internationale." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D057.
Full textThe emergence of international responsibility as an autonomous field of study in International Law has compelled the international legal doctrine to devote considerable attention to damage and injury. However, during the last decades, scholars have progressively abandoned the cross-sectional analysis of these concepts in order to further focus on specific injuries and damages suffered by States or individuals. This rift has thus Ieft a blind spot in the analysis of international practice: the study of injury and damage whose victim is neither a public nor a private person, but rather a "collective entity" integrated by either, or both, public and private actors; an entity which cannot be simply reduced to the addition of its components. To take into account the injury and the damage -suffered by entities such as the family, peoples, humanity or the international community - is indeed one of the main challenges that faces international responsibility in the near future. In order to suggest a new category which allows for an overall analysis of such injuries and damages, it is necessary to clarify the conceptual framework of both, injury and damage, within the framework of international responsibility. This clarification leads to the conclusion that, in addition to damage, international responsibility also takes into consideration a purely legal injury which is inherent to the internationally wrongful act. Damage and legal injury can be qualified as "collective whenever they infringe collective rights, interests or goods. Specific effects result from this kind of injuries and damages in particular with regard to the invocation as well as to the legal consequences which arises from international responsibility
Sabrinni, Pereira Fernanda. "La protection des professionnels contre les clauses abusives : comparaison franco-brésilienne." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020016.
Full textThe present thesis is about the protection of professionals against unfair contract terms. While at first glance, one would expect that such protection seemed to be in favor of consumers, it is no longer the case nowadays in many legal systems. In fact, if one considers the ratio legis of such protection, it seems discriminatory to reserve its benefits only to consumers. The impossibility to negotiate the contract, caused by the economic inequality between both parties, as well as the risk of unfair imbalance that results, conducts the legislator to give to the judge the power to declare unwritten the so-called abusive clauses.These two factors arise to professionals which are economically dependent upon the contracting party : this dependence will suppress any force over the negotiation of contract terms that the consumer may have. Consequently, some countries like France and unlike Brazil, have implemented a protection of professionals against significant imbalances. None of these protection systems may claim to be perfect. Thenceforth, the present comparative analysis will reveal the strengths and weaknesses of both French and Brazilian laws, and thus to better propose a recast of the protection granted by these two countries to professionals against unfair contract terms
Chaaban, Yousra. "Dépendance et équilibre contractuel -étude de droit comparé." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3036.
Full textThe objective of this thesis is to establish a principle of contractual justice, especially in Egyptian law, thus benefiting from French and English experiences in this regard. In terms of precision, we deal with situations of dependence where contracts are formed, from the outset, unbalanced. The idea for this thesis was implemented due to the French reform of contract law in 2016. The latter has been devoted to article 1143 of the Civil Code a new vice of consent: the vice of abuse of dependence related to the duress. In this perspective, we had the idea of comparing this new vice with the fourth vice; in the Egyptian law known as the vice of exploitation, which mainly deals with abuses of the moral weakness of the parties. In order to present an unprecedented comparative experience, we decided to integrate the English law in our field of research. The originality of this subject also appears in the fact of simultaneously treating dependence and contractual equilibrium. However, the subject of this thesis encounters several difficulties which concerns not only dependence, but also contractual justice. First of all, concerning the dependence: its concept has so far been unclear. The dependence is surrounded by several other notions which only hide it instead of clarifying it such as the state of necessity, the vulnerability, the state of need, the state of weakness, the constraint, the subordination, the ignorance, and the inexperience. In addition, dependence, mainly in French law, was known at the outset to special law, that is to say in criminal, consumer or competition law. It had no precise concept in contract law. We note in the end that dependence is a subjective state of moral weakness, but which must also widen to encompass adhesion or standard contracts and contracts including unfair terms. This perspective would provide real protection for weaker parties.As far as contractual balance is concerned, in addition to its conceptual imprecision, it encounters a more serious difficulty. This is contrary to the traditional and usual logic of autonomy of will known in the three legal systems. That is to say that the contract is correctly formed from the moment the parties grant their consents, even if the contract itself is unequal or unbalanced from the formation.However, the contract is properly formed unless proven otherwise. This gives a vision of the legal philosophy adopted: this is a corrective philosophy and not a preventive one. The legal sanction for unbalanced contracts is a posteriori and not a priori sanction. That is to say, the law establishes contractual balance through contractual imbalance.In our view, the contractual context in general must be strengthened by a legal principle competing with that of autonomy of will. This principle is the contractual justice. The latter would counterbalance the contractual relations usually governed by the principle of the autonomy of the will. It would make it possible to control the justice of contracts a priori.This solution might seem to some "utopian". It is, on the contrary, a very practical solution because balance in contractual relations is a supreme end which will help to decrease the cases of unbalanced contracts or the cases of contracts vitiated by the abuse of dependence
Douche-Doyette, Nathalie. "La sanction de la violation du droit de la consommation dans les contrats de consommation." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0226/document.
Full textThe second half of the 20th century has been marked by the emergence ofconsumer society and correspondingly by the evolution of a new area of law: consumer law. This field of law can be defined as a body of rules aiming at protecting the interests of consumers and which is essentially applied in the context of consumer contracts. The legislator has not established a general system of sanctions for the violation of consumer law provisions. The sanctions are mostly criminal in nature, while the civil sanctions are those provided for by general contract law.On the basis of the existing rules this thesis aims to establish a specific system ofsanctions common to all consumer contracts. The thesis is governed by the search for adequate sanctions which would increase the effectiveness of the legal rules as well as the effectiveness of the protection of consumers. The effectiveness of the reparative function of the sanctions is analysed separately from the effectiveness of their deterrent function. This distinction is necessary, since the reparative function of sanctions is determined by the situation of the victim of the violation of the rules, whereas the deterrent function of sanctions takes into account the situation of the person responsible for the violation
Barry, Mohamed. "La théorie des nullités dans la doctrine après le Code civil." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30048/document.
Full textCan we speak of a theory of nullity in the doctrine after the Civil Code? This is the question we sought to answer in this work. Indeed, the answer usually given to the latter requires clarification. According to the response after the Civil Code, there was a theory of nullity in the doctrine. First, there was a classical doctrine which is composed mainly of lawyers of the nineteenth century. Then, next to this doctrine, there was a doctrine called modern, composed mainly of lawyers of the twentieth century. If, to construct a general theory of nullity, the classical doctrine has used the state of the act, the modern doctrine, she has used the criterion related to the purpose of the rule breached.In this study, we sought to renew this response, first by highlighting the limits of the idea of a classic or modern doctrine and the other by showing the inadequacy of these general theories, built by the authors after the Civil Code, the positive law. This allowed us to propose to abandon any overall vision and doctrine on the theory of nullity. Also, it was proposed to replace this global vision by various design nonentities. A diverse design first, with regard to doctrine, to the extent that there is no one side the classical doctrine and other modern doctrine. But also various design regarding the theory of nullity itself, insofar as there is no single theory for all types of contracts, but various theories that espouse the specifics of each contract.These are the conclusions we have reached the end of this work
Faure, Sylvane. "Processus lexicosémantiques et hémisphère cérébral droit : dysfonctionnements et potentialités après lésions cérébrales." Aix-Marseille 1, 1991. http://www.theses.fr/1991AIX10032.
Full textVigourt-Oudart, Sylvie. "L'image spéculaire chez les sujets souffrant d'une lésion hémisphérique droite et présentant une anosognosie." Nancy 2, 1995. http://www.theses.fr/1995NAN21001.
Full textAn historical and critical reading of the theorical material and the confrontation of left hemiplegic individuals with their own mirror picture are going to be two complementary ways methodically used for understanding anosognosia. The main purpose of theorical and clinical approach is, by the use of a mirror, to provide the patient who "disregards" his affection with the opportunity to "regard" himself as a bodily struck individual. The first aim is to compare both verbal and behavioral reactions of the person towards his paralysis, before he sees himself in the mirror, with while he is seeing himself in that mirror. What do we observe at the outcome of this mirror trial? Does it make left hemiplegic individual change his opinion about his pathology (anosognosia or anosodiaphoria) and or does it make him change his attitude towards the left half of his body (hemiasomatognosia or left half motor spontaneity) ? We record that the individual in front of his mirrored picture takes it into consideration. The mirror trial brings evidences confronted with that cannot be observed (since the left half of his body doesn't respond to the orders o his brain) the person wonders about his health and starts to be aware of his state. . . He finally discovers a strife between what he perceives of his motioning body and what he feels inside his left arm and leg. From this appreciation of his deficiency he switches then to admission of his own pathology. Among various theories concerning anosognosia the considered etiology is whether an organically or a psychological one. However none takes into consideration that realization of left hemiplegic and its repercussions on the body varies according to the visual self perception of his motor deficiency by the hemiplegic person. This deficiency being the sole outwards consequence of the disease and that's what has been tried to be demonstrated
Van, Halteren Thomas. "La protection des personnes majeures vulnérables et mineures :redéfinition du concept de capacité juridique au regard de celui du discernement." Doctoral thesis, Universite Libre de Bruxelles, 2018. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/268347.
Full textDoctorat en Sciences juridiques
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Al, Haj Diab Lamis. "Essai sur l'interprétation : l'interprétation au service de l'équité contractuelle : étude comparée franco-libanaise." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020033.
Full textThe concept of the theory of interpretation has been always based on the distinction between the clear contractual texts and the ambiguous contractual texts. The ambiguous texts are interpreted freely by the judges on merits whereas the interpretation of the clear texts is considered as a denaturation and a cause to claim cassation. However, this classic concept of the theory of interpretation seams disputable. As the difference in the interpretation of the clear and ambiguous texts is not justified by legal texts, we suggest to drop out this distinction and to give the judges the absolute authority to interpret all texts. Besides, the interpretation of contracts is governed by three rules: the declaration of the real common intention of the contracting parties rather than paying attention to the literal meaning of the terms, the protection of the weak party and the completion of the intention of the parties. The interpretation theory leads to the application of the equity which prevails over the completion rules. The judges will initially ascertain the “original subjective equity”. If not applicable, they will then establish the “subjective completive equity” depending on the contractual will, or the “objective completive equity” based on the reasonable conception of the society. The interpretation theory favors the contractual equity. It contributes to preserve the subjective contractual equity and creates an objective contractual equity. Several legal concepts constitute a genuine application of our understanding of the theory of interpretation, such as the interdiction of using a contractual right contrary to the reason created for, the abandonment of the fake apparent act in order to apply the real unrevealed one, and the addition of obligations to some contracts. In parallel, new applications are suggested. The theory of interpretation may complete the notion of cause, handle the problem of the unforeseen circumstances and permit to revise the imbalanced contracts
de, Maistre Sébastien. "Implication d'un shunt circulatoire droite-gauche dans les lésions cérébrales latentes chez les plongeurs." Phd thesis, Université Claude Bernard - Lyon I, 2004. http://tel.archives-ouvertes.fr/tel-00008893.
Full textHamy, Barbara. "Les lésions encéphaliques aiguës chez les boxeurs : étude médico-légale : à propos d'une observation anatomo-clinique." Rouen, 1991. http://www.theses.fr/1991ROUEM008.
Full textPérennou, Dominic. "Le cerveau postural : arguments pour une dominance hémisphérique droite ; étude de sujets sains et de patients avec lésion cérébrale." Dijon, 1998. http://www.theses.fr/1998DIJOMU13.
Full textChampagne-Lavau, Maud. "Compréhension des actes de parole non-littéraux chez le sujet normal et chez le sujet cérébrolésé droit." Paris, EHESS, 2001. http://www.theses.fr/2001EHES0023.
Full textPakzad, Sarah. "Contribution a l'etude de la comprehension de la metaphore chez les sujets cerebroleses droits." Toulouse 2, 1997. http://www.theses.fr/1997TOU20067.
Full textUsually, in right-handed subjects, the left hemisphere controls such functions of language as speech production and comprehension. Nevertheless, the right hemisphere seems to play an important part, particularly in the comprehension of some language aspects, such as pragmatics. Indeed, many studies stress that right-brain-damaged subjects find it difficult to understand metaphors. Yet, in most of these studies, the authors test one single type of metaphors, that is the non-literal ones. But, the understanding of non-literal metaphors could only be due to previous memorization and not necessarily involve the literal comprehension of the terms used in the metaphor. Thus, to have a more complete notion of right-brain damaged subjects' impairments and to understand better the part played by the right hemisphere in language, we should certainly have a reliable test on what is understood in metaphors without resorting to memory. To this end, the use of literal metaphors minimizes the recourse to memory and puts emphasis on the understanding of the lexical constituents of the metaphor. The theoretical part of the thesis deals with the study of linguistic, psycholinguistic and neuropsycholinguistic aspects of metaphors, these three points of view being indeed closely linked to our core subject. Then metaphors are presented from different points of view which gives an overvall view of researches bearing on the field. Two samples of different populations were tested. Each participated in two experiments : an oral explanation and a multiple choice question paper. The samples are all the more representative because they both are hospital patients : one group consists of right-brain-damaged subjects and the other one of (control) subjects who have never suffered from any lesions of the central nervous system. The results are compared with the various studies dealing with the subject
Duchêne, May-Carle Annick. "La gestion des inférences chez les cérébrolésés droits." Lyon 1, 1997. http://www.theses.fr/1997LYO1T134.
Full textGeorges, Christian. "Contribution à l'étude des lésions radiques de l'intestin grêle : à propos d'une fistule post-radiothérapique iléale extériorisée à la face antéro-externe de la cuisse droite." Université Louis Pasteur (Strasbourg) (1971-2008), 1986. http://www.theses.fr/1986STR1M129.
Full textLabrunée-Prod'homme, Katia. "Traitement de l'aspect modalisateur du langage sur les versants expressif et réceptif, chez le sujet sain et chez les sujets cérébro-lésés droits et gauches." Toulouse 2, 2010. http://www.theses.fr/2010TOU20094.
Full textWe are studying from a neuropsycholinguistic point of view the pragmatic and enunciative competences from which the modalizing function arises. We start from the observation that a functional dissociation exists among the aphasics, enabling them to produce the modalizing aspect, and note the referential aspect, of language. We also know that the right-hemisphere-damaged patients are described as presenting communication problems, but not structural problems. In the first part, we have studied the observed differences in the utilization of modalization in oral expression among three groups of subjects: control group, left-hemisphere-damaged patients (aphasics), and right-hemisphere-damaged patients. We have described the different use of modalization between the control group and the two pathological groups. In the second part, we have sought to determine if a different treatment exists between modalizing function and referential function, in oral comprehension ; and if the localization of the lesion can influence the treatment of the modalizing aspect. We have demonstrated that the two functions are treated differently during the process of oral comprehension, whatever the group. Moreover, we have determined that the cortical localization, left versus right, does not lead to a particular deficit in the treatment of the modalizing function. In general, these results have brought us to elaborate hypotheses, according to which the modalizing function is manifested through the psychological state, expressed in a more or less intense fashion by the speaker. This could correspond to one of the fundations of language in its implications for intentionality and the Theory of Mind, enabling us to support the hypothesis of neuroanatomic sub-cortical localization, at the level of the limbic system. Moreover, the close link maintained between communication function (considered as primary function in the evolution of language) and modalizing function permits a less-complex explanation during psycholinguistic treatment
Tran, Huu Dung. "Traumatismes oculaires par projectiles et réparation du dommage corporel : à propos de 50 cas." Bordeaux 2, 1996. http://www.theses.fr/1996BOR2M165.
Full textBaïk, Kyoungsun. "Processus impliqués dans l’organisation du discours et la gestion des connecteurs en production orale chez les cérébrolésés droits coréens : étude neuropsycholinguistique." Toulouse 2, 2006. http://www.theses.fr/2006TOU20104.
Full textThe aim of our study is to investigate discourse characteristics and variability in the production of the discourse made by the Korean right-brain-damaged (RBD) patients. We analyzed the organization of discourse and the processing of connectives in the discourse of RBDs in comparison with those of the normal and control subjects. It has been suggested that the RBDs manifest the difficulties in organizing a discourse particularly at the level of the macrostructure of discourse. In addition, it has been admitted that the RBDs don’t have any remarkable deficit at the level of the microstructure that is organized by the relation of adjoining utterances. Our subjects were introduced to three types of task: two tasks of the production of narrative discourse, one task of conversational discourse. We analyzed the narrative discourse by the method of propositional analyses, and the conversational discourse by means of the analyses of speech acts in cognitive pragmatics. Our results confirm that the cognitive ability of RBDs is deficient at the level of the macrostructure of discourse. Concerning the processing of pragmatic connectives, we were able to observe that the RBDs presented more facility in using the usages of particles than the normal and control subjects did. On the dissociation in the processing of connectives found in our study, we can establish a hypothesis as follows: the connectives representing the synthetic relations of discourse are macro-structural, for which the right hemisphere is specifically responsible. Accordingly, it is possible to specify the processing of discourse organization at the step of planning in the psycholinguistic model of language production. The results of our study will support that the right hemisphere has its own specific cognitive function of language. It is also suggested that RBDs’ difficulties at the level of discourse organization and variability in the processing of connectives are due to their difficulty in inferring the fact from the synthesis of the new information with the old one
Braem, Bérenger. "Perception des orientations et intégration multisensorielle." Thesis, Lille 3, 2014. http://www.theses.fr/2014LIL30010/document.
Full textThe perception of the vertical direction is achieved through vestibular, visual and somatosensory information integration. It is studied in the visual (SVV), haptic (SHV) and less often in the visuo-haptic modality (SVHV). The latter raises the question of the integration of visual the information involved in the visual and haptic modalities and of the cognitive model underlying this integration. SVV, SHV and SVHV were compared in the first four studies of this thesis, inhealthy young and older subjects and in right-brain damaged patients with or without visuo-spatial disorders. Performances were closed to the gravity in healthy participants, for SVV as well as forSVHV. VHS, assessed with the right hand, was tilted clockwise in young participants and anticlockwise in older participants. The presence of a visual frame disrupted SVV and SVHV. The right-brain damaged patients had an anti-clockwise deviation of SVV and SVHV and the SHV was even more tilted. SVHV was well predicted from the sum of the SVV and SHV weighted by their relative variances in all conditions and the SVHV variances were lesser. SHV was evaluated in detail in the two last studies of this thesis because of the systematic tilt in the first four studies. The results show that the SHV is tilted clockwise with the right hand and anti-clockwise with the left hand in young healthy subjects. Moreover, deviations reversed in older group and performances are systematically tilted toward the initial positions in the two groups. Taken together, these results show that the way participants integrate visual and haptic information fits the maximum like lihoodmodel with a greater weighting of information available in visual modality and that ageing and right-brain lesions does not alter the multisensory integration. The weight of vestibular information in the subjective vertical, which has not been evaluated per se in this thesis, needs further investigations
Rouget, E. "Conséquences des troubles de la cognition spatiale sur le comportement postural de cérébrolésés vasculaires." Montpellier 1, 1997. http://www.theses.fr/1997MON11132.
Full textBriend, Cyril. "Le contrat d'adhésion entre professionnels." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB177/document.
Full textThe professional, supposed to be able to defend his interests, by opposition to the employee or the consumer, has proven to also be victim of imbalanced contracts for a few decades. The emergence of powerful private companies in various sectors clearly leads to inequalities between professionals. Our study underlines the difficulty to find the best criterion to identify what a professional weaker party is. It is impossible to say that globally such company is stronger than another because the legal person party to the agreement can hide many interests, which are hard to seize at first sight. Nor can the judge arbitrate prices in an authoritarian way without risking a misappropriation of his part. We shall side for this idea: a business-to-business agreement is to be qualified of adhesion contract as long as it does not give place to adequate bargaining; so the judge has to look the bargaining process and the circumstances preceding the contract. Many criteria can help the judge such as the size of the company, market parts, exchanged words, the good or bad faith of the parties or the efforts they have made. If we consider the bargain analysis as the ultimately rightest choice, we have to contemplate its limitations. It would not be realistic to consider that the judge could always discover every circumstance prior to the agreement. This is why we shall join a system of presumptions - albeit rebuttable - to the bargain analysis, when the difference of size of companies or the disproportion of provisions is obvious. We shall put into light the strategies used by strongest parts to bypass the bargain analysis, such as harmful clauses or internationalization tactics. Thus, we shall opt for high obligatory standards, as well as in national law than in international law. Once the bargain analysis is done, we shall try to suggest sanctions adapted to the concern. The judge, in our opinion, must be able to modify the agreement in a very flexible way, either retroactively or during the implementation of the said agreement. The gravity of various contractual behaviors must lead us to think about a form of criminal law or a "quasi criminal" law in order to combat those behaviors in a more suitable mean. Nevertheless, the protection of the professional weaker part is also to be dealt on a procedural ground. A proceeding for interim measures is likely to face the needs for celerity, which bother the weakest parts for their action. We shall also underline the advantages of a class action, which could overcome the financial issue of the lawsuit. Conversely, the legal security of business will bring us to foster a protection by a soft law system. First Part: The identification of the business-to-business adhesion contract. Second Part: The judicial treatment of business-to-business adhesion contracts
Bruno, Gabriella. "Le droit à la réparation des lésions professionnelles des travailleurs soumis à une obligation de disponibilité : une analyse jurisprudentielle longitudinale." Thèse, 2015. http://hdl.handle.net/1866/12509.
Full textThe concept of worker availability requirements refers to instances in which workers are required to be available to their employers outside of standard work hours (off-duty). Due to several factors, especially the internationalization of markets, financialisation of the economy, and the development of information and communication technology, this normative requirement is inadequately regulated by current legislation in Quebec. Therefore, our research evaluates the extent that the Loi sur les accidents du travail et les maladies professionnelles addresses availability requirements imposed on workers in the province. To this end, we carried out qualitative and quantitative analyses of decisions made by the Commission d’appel en matière de lésions professionnelles and Commission des lésions professionnelles between 1995 and 2014. From a sociological perspective, we attempted to produce different categories of off-duty availability requirements, and to discern whether an augmentation in the number of decisions concerning availability requirements has taken place over time. Finally, we examined the extent that workers benefit from the rights provided by the L.a.t.m.p. when injuries occur during off-duty hours in which workers are required to be available. Our results demonstrate that many categories of availability requirements can be developed related to the period of time during when such obligation occurs. Furthermore, these requirements are also linked to individuals’ status as self-employed workers. Finally, it seems that the recognition of workers’ employment injuries vary along these categories. However, our results also suggest that there exists no positive trend in the number of decisions concerning worker availability requirements over time.
Aubé, Isabelle. "Analyse du traitement des plaintes pour harcèlement psychologique par le processus de médiation de la Commission des normes du travail (C.N.T.) et du traitement des réclamations pour lésions professionnelles attribuables au harcèlement psychologique par le processus de conciliation de la Commission des lésions professionnelles (C.L.P.)." Mémoire, 2008. http://www.archipel.uqam.ca/1075/1/M10369.pdf.
Full textParent, Sébastien. "Les conséquences juridiques de la coexistence de l’obligation d’accommodement raisonnable et du régime public de réparation des lésions professionnelles." Thèse, 2016. http://hdl.handle.net/1866/18632.
Full textSuite à l’étude de la genèse de deux régimes occupant une place fondamentale en droit du travail québécois, soit le régime public de réparation des lésions professionnelles institué par la Loi sur les accidents du travail et les maladies professionnelles, et l’obligation d’accommodement raisonnable, issue du droit à l’égalité consacré à l’article 10 de la Charte québécoise, ce mémoire s’intéresse au déploiement du conflit normatif et du conflit juridictionnel découlant de l’évolution en parallèle de ces deux sources d’obligations pour les employeurs, dont l’objet est la réintégration et le maintien du lien d’emploi du salarié atteint d’un handicap. Cette étude propose ensuite d’explorer les conséquences juridiques de la solution retenue par la Cour d’appel du Québec, dans l’arrêt Caron rendu en juin 2015, laquelle décide de juxtaposer une obligation d’accommodement raisonnable au régime public de réparation des lésions professionnelles. Ainsi, ce mémoire met en évidence les conséquences en droit constitutionnel canadien et quasi constitutionnel québécois de la démarche utilisée dans l’arrêt Caron et des résultats auxquels elle a conduit, en recentrant la place du droit à l’égalité en droit public et en discutant de ses impacts sur la séparation des pouvoirs. En outre, ce revirement jurisprudentiel engendre maintes difficultés au regard de la particularité du droit administratif, plus spécifiquement quant au rôle et aux pouvoirs limités de la C.N.E.S.S.T. et du T.A.T.-D.S.S.T. Enfin, cette analyse fait ressortir que la solution retenue par la Cour d’appel porte atteinte à l’équilibre que s’efforce de maintenir ce régime public reposant sur un important compromis social.
Following the review of the genesis of two fundamental regimes in Quebec labour law, the public system that provides repairs to injured workers, established by the Act respecting industrial accidents and occupational diseases, and the duty to provide reasonable accommodation arising from the right to equality under section 10 of the Quebec Charter, this thesis focuses on the development of the normative conflict and the jurisdictional conflict stemming from the parallel evolution of these two sources of obligations for employers. Both of these are based on the reinstatement of disabled workers and the continuation of their employment relationship. This study proposes to explore the legal consequences of the solution adopted by the Quebec Court of Appeal in Caron’s case, dated June 2015, in which the Court decided to overlay the employer’s duty to accommodate onto the Workers’ Compensation public system. Thus, emphasizing on the role that the right to equality plays in public law and discussing its impact on the separation of powers, this thesis shows the consequences from the approach used in the Caron judgment and its particular results through Canadian constitutional and Quebec quasi-constitutional principles. Furthermore, this significant change gives rise to many difficulties regarding the particularities of administrative law, and more specifically, the role and the limited powers of C.N.E.S.S.T. and T.A.T.-D.S.S.T. Finally, this analysis highlights that the solution held by the Court of Appeal infringes on the balance attempted by the public system based on an important social compromise.
Jean, Stéphane. "Présentation itérative de la figure complexe de Rey : étude des capacités d'apprentissage visuo-perceptives de deux adultes porteurs d'une lésion frontale hémisphérique droite." Thèse, 2002. http://constellation.uqac.ca/839/1/15276303.pdf.
Full textTremblay, Karine. "Mesure de l'apprentissage en mémoire visuelle selon une méthode itérative de présentation de la figure complexe de Rey chez des adultes porteurs d'une lésion temporale droite." Thèse, 2002. http://constellation.uqac.ca/873/1/13721964.pdf.
Full textNoël, Michel. "Les travailleurs blessés et les droits de la personne : les socles de sécurité sociale et le système ontarien d’indemnisation du travail." Thèse, 2018. http://hdl.handle.net/1866/22238.
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