Dissertations / Theses on the topic 'Lex arbitri'
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Kunickas, Simonas. "Arbitruotinumo problematika ir tendencijos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20140623_192232-95842.
Full textThis master thesis is aimed at defining concepts of arbitrability and performing extensive analysis of global trends and changing contents of this legal institution, while comparing its current status in foreign states (the U.S., France, Belgium) to one in Lithuania. Author provides the definition of arbitrability within the scope of legal systems of mentioned foreign countries and also reveals existing different concepts. The grounds for division into subjective and objective arbitrability are also provided. The relation of arbitrability and public order is also discussed and covered in this work. The specifics of defining arbitrability in national courts as well as in arbitration institutions are analyzed as a substantive criteria for applying legal rules of different countries. Finally an overview of the most problematic issues under Lithuanian legal acts is provided (arbitrability of disputes related to bankruptcy, intellectual property, competition law, disputes arising from the consumer contracts and employment law disputes), while comparing how other foreign countries deals with the same questions and how they are being resolved.
Rosero, Espinosa Nicolás. "Sports arbitration: the tribunal arbitral du sport’s experience." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123843.
Full textMuchas veces el arbitraje ha sido muy relacionado con temas que son susceptibles de ser arbitrados, entre los cuales se encuentran materias comerciales, corporativas o de inversión. Sin embargo, la materia deportiva ha sido menos relacionada con temas arbitrales.En el presente artículo, se desarrolla un tema relativamente nuevo y muy interesante: el arbitraje deportivo, el cual ha ido ganando espacio en diversos organismos deportivos hasta convertirse en un instrumento de gran importancia en el mundo deportivo. De esta manera, el autor, a través de la experiencia del Tribunal Arbitral Du Sport, nos muestra el camino que ha seguido el arbitraje deportivo, sus fortalezas, su composición y la importancia que ha conseguido en dichos temas hasta forjarse una relación íntegra y sólida entre el arbitraje y el deporte.
Arenas, Lorena Carvajal. "Good faith in the lex mercatoria : an analysis of arbitral practice and major Western legal systems." Thesis, University of Portsmouth, 2011. https://researchportal.port.ac.uk/portal/en/theses/good-faith-in-the-lex-mercatoria(d1495c6c-b68e-4b6f-a4c1-a0d52d3fe306).html.
Full textOliveira, Cléver Cardoso Teixeira de. "Lei divina e lei humana em Agostinho: De Libero Arbitrio e De civitate Dei." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/8/8133/tde-24102014-171701/.
Full textThe purpose of this study is defined by understanding the relationship between divine law and human law conceived by Augustine in On Free Choice of the Will, book I, and The City of God, book XIX. Thus, we aim first to analyse the relation among the two laws in the dialogue, then comparing it with the analysis from The City of God by checking possible implications of a reformulation in the understanding of politics for Augustine. As such, we intend to show how Augustine reformulated his thought about the two laws and the consequences of such a change in notions as justice, peace, State, war and slavery
Garncarzyk, Catherine Barboux. "L'arbitrage sportif : étude sur les processus et les facteurs de la décision chez les arbitres de handball." Rennes 2, 1994. http://www.theses.fr/1994REN20006.
Full textThis thesis aims to highlight decision making factors in sports refeering and supply information about decision making processes in this activity. The theoretical approach we have adopted is based on the H. A. Simon's systemic model of decision making processes, which is adapted to describe the complexity and specificity of refeering to additional dimensions are studied : the "pre-conception" (implicit representation) of refeering that each referee posseses, and the context in which decisions are taken. The method consists of two stages : a survey conducted on referees in order to know and describe the different "pre-conceptions" of refeering; and an experimental interactive simulation of refeering in order to measure the influence of context and "pre-conception" on decisions. Results show on the one hand that several "pre-conceptions" of refeering exist among the referees, on the other hand that they influence the effective decisions, as does the context. It seems to be relevant to take into account differences linked to context and refeering representation to understand referees'decisions and contribute to their training. Such a research should be continued so as to be more specific about decision making processes and provide a better understanding about decision behaviour in complex situations
Court, de Fontmichel Alexandre. "L' arbitre, le juge et les pratiques illicites du commerce international /." Paris : Ed. Panthéon Assas, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/476913977.pdf.
Full textBreas, Marielle. "Problématique de l'intégration de l'action individuelle dans les systèmes technologiques : application : utilisation de la description des fonctions pour favoriser l'autonomie." Vandoeuvre-les-Nancy, INPL, 1993. http://www.theses.fr/1993INPL158N.
Full textAndrade, Levy Daniel de. "L'abus de l'ordre juridique arbitral : contributions de la doctrine de l'abus de droit à l'arbitrage international." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020007.
Full textThe academic success of international arbitration in the last decades has not always been followed by the consequent development of concrete instrument for its practical applications. The concept of an arbitral legal order detached from national legal systems is defended by doctrine not so much as an useful instrument for practical case resolution, but firstly as a problem of raising a logic and coherent legal scheme. We propose to analyze the main distortions caused by the conflict between this theoretical perspective of an autonomous legal order and the practical matters involved in the pragmatic courts intervention in international arbitration, either relating to the arbitral convention (provisional measures, violation of the arbitration clause) or to the arbitral award, specifically regarding the problem of recognizing annulled awards. We present lis pendens, anti-suit injunctions, res judicata and the efforts of dialogue between jurisdictions judging the sentence regularity as the main instruments contributing to a dialogue, and thus, as instruments to control its possible distortions. However, those mechanisms are deployed through a reasoning that is still too generic, amoral and based in principles of private international law, in a state-centered perspective that cannot serve the international arbitration scheme today. From this finding, we suggest the abuse of rights doctrine as a group of different objectives and subjective standards allowing implementing those mechanisms to control international arbitration in a much more appropriate way, considering its autonomous and material characteristics, embodied in the doctrinal pursuit of an arbitral legal order. This doctrine brings a more flexible, material and finalistic perspective to the international arbitration instruments, approaching the parties interests and leaving a purely conflictual method which is not anymore appropriate in this field. There will be not anymore only distortions of an arbitral legal order, but abuses of that same arbitral legal order
Cantuarias, Salaverry Fernando. "El convenio arbitral en la nueva ley general de Arbitraje, ley 26572." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115650.
Full textKampmann, Christoph. "Arbiter und Friedensstiftung : die Auseinandersetzung um den politischen Schiedsrichter im Europa der Frühen Neuzeit /." Paderborn : Schöningh, 2001. http://catalogue.bnf.fr/ark:/12148/cb38930830s.
Full textBen, Abdallah-Mahouachi Hanène. "L'apport de la jurisprudence du Tribunal arbitral du sport à l'ordre juridique sportif." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1087.
Full textThe Court of arbitration for sport (CAS), an arbitration body in sport disputes, passes sentences which, thanks to the practice of the precedent, get enough coherence to constitute a jurisprudence. Through this jurisprudence, CAS contributes in the erection of a global and autonomous sports legal order. This support is the result of a double contribution, normative as well as structuring. First, the pretorian rules generated by CAS and formed mainly by the general principles commonly applied by the judges, constitute a source of law within the sports legal order. Some of these principles, namely those aimed at protecting the fairness of the competitions and the fundamental rights of athletes, stand out with regards to their intangibility to form the sport public order. Discarding state law in favor of the application of these principles as well as of sport regulations, guarantees the autonomy of the sports legal order. Thereafter, these principles are considered as a structuring factor of the sports legal order, in that their intervention favors the coherence of the system. This structuring results from the application of these principles in order to monitor the practices by the sport organizations of their regulatory and disciplinary competences and also to confine the power of each of the components of the sport movement. In both cases, these principles become common standards for the whole sport community to abide by
Remón, Jesús, Miguel Virgós, Gabriel Bottini, de Argumedo Álvaro López, and José Miguel Fatás. "Round table: conflicting positions in international arbitration." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123844.
Full text¿Son válidas las críti cas al arbitraje de inversiones?. ¿Es el recurso de anulación un mecanismo indispensable?. ¿Pueden los actos de ius imperium de los Estados ser someti dos a arbitraje?.La presente mesa redonda, responde a cada una de estas interrogantes, tratando muchos temas controversiales en el arbitraje internacional.
Ginter, Patrick. "Une approche évolutionniste des systèmes d’information et de communication dans les organisations contemporaines." Paris 9, 2009. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2009PA090021.
Full textThis research-action in management sciences is placed at the crossroads between information, firm and life theories. Its objective was to understand and characterize the processes of emergence and evolution of the information and communication systems (ICS), using an integrative and global angle taking into account cognitive and environmental factors, and including the actor within the definition of the ICS. The evolutionary approach of the populations of ISC represents a continuous and non linear dynamics, according to gradualist try-mistake-selection-retention cycles, and a dual saltationist scheme. The long term indeterminism principle highlights the game of random and necessity around the actors in and around the ICS, as well as the effect of the entropic time arrow. The evolution is realized through competition, association or cooperation, and is characterized by the transmission of a teleonomic patrimony submitted to selective variations within the time, and which reflects the primary functions of the ICS. It is structured on genomic bases of knowledge and relations, mobilized and operationalized through the ways of competences and routines (intrinsic dimensions of the ICS), that will allow the satisfacing of the environment according to the context and the problem to be solved (extrinsic dimensions). The managerial implications of this research crystallize a more integrative vision of the ISC seen as factors of continuous innovation, and which processes of evolution can be facilitated according to the complexity of the problem to be solved, and the constraints linked to the historical and environmental context
Krygier, Rivon. "Le problème de l'omniscience et du libre arbitre chez les philosophes juifs du Moyen Age." Paris 4, 1996. http://www.theses.fr/1996PA040046.
Full textWithin the scope of this thesis, we propose essentially to analyse and compare the attempts on the part of Jewish philosophers, with particular reference to three of the most eminent Jewish thinkers of the mediaeval period - maimonides, gersonides and crescas - to accept the challenge posed by a fundamental theological contradiction : what can be the meaning of free will if, in fact, choice as exercized by man is always, and necessarily, that anticipated by g-d? And if one assumes that human decisions are by their nature unpredictable, what, in that case, is determined by divine knowledge? The implications which arise from attempts at conciliation touch on the essential areas of theology : providence, divine attributes, determinism etc. The comparison of systems of thought, studied in the light of their context and chronology enables the drawing up of four kinds of solution : namely, (para) logical; metalogical; radicalistic; harmonizing. Yet this same comparison also enables an outlining of the historical evolution of Jewish thought and to reveal the intellectual assumptions and impressions made by the philosophical and theological concepts of contemporary thought from outside the Jewish frame of reference. The epilogue contains an outline of the new perspectives of post-modern Jewish thinking
Castillo, Freyre Mario, and Kunze Ricardo Vásquez. "La política internacional sobre legislación arbitral: La Ley Modelo Uncitral/ Cnumudi." Foro Jurídico, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/120021.
Full textCastillo, Freyre Mario, and Minaya Rita Sabroso. "Mayorías, Minorías y Laudo arbitral en la nueva Ley de Arbitraje." Foro Jurídico, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/120063.
Full textCastillo, Freyre Mario, and Minaya Rita Sabroso. "Modificaciones a la ley de contrataciones del estado en materia arbitral." Arbitraje PUCP, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/112673.
Full textSpandonis, Sophie. "L'imagination du monde interieur. Ecritures de la psychologie dans les recits de la decadence, de ludine (1883) a monsieur de phocas (1901)." Paris 3, 2000. http://www.theses.fr/2000PA030085.
Full textVasconcellos, Lais Antunes. "O princípio da competêcia-competência no direito arbitral brasileiro." Universidade Católica de Pernambuco, 2010. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=994.
Full textThis paper aims to analyze how the principle of competence is regulated Brazilian arbitration law. At first, it examines forecast rules of that precept. It then performs a search of case law to verify the position of the upper and state courts is in consistent with the prediction of the principle in the normative and theoretical piano We chose to address this issue because of the scarcity of jobs in the country dealing with the subject, whose study is of fundamental importance for the development of arbitration. The rule of competence-competence confers efficiency and speed to the institute, because departs bringing antiarbitragem measures and measures for procrastinatórias party who has no interest in establishing the arbitral procedure. 0 principle of competence-competence, predicted 8, sole paragraph, of Law No. 9.307/96, gives arbitrators the prerogative to determine, first, any questions about the validity, existence and effectiveness of the arbitration agreement, delaying state control until the completion of arbitration. This study, therefore, in addition to analyzing the model regulation of this principle in Brazil, seeks to examine whether the judiciary interpreted tern this rule, if indeed respect the prerogative of the arbitral tribunal to examine regularity of its powers of history, in relation to the judiciary. The reflections contained in this document were developed from the study of Law 9,037 of September 23, 1996 and the arbitration laws of other countries, the doctrine domestic and foreign case law and homeland.
Dalmon, Laurence Mattei Paul. "La Correspondance échangée entre les églises d'Afrique et de Rome à l'occasion de la controverse pélagienne (416-418) traduction, commentaire et annotations d'un dossier de l'épistolaire augustinien /." Lyon : Université Lumière Lyon 2, 2006. http://theses.univ-lyon2.fr/sdx/theses/lyon2/2006/dalmon_l.
Full textGiraud, Paul. "La conformité de l'arbitre à sa mission." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020074.
Full text. Articles 1492 and 1520 of the French Code of Civil Procedure (applying to domestic and international arbitration respectively) set out the possible grounds for setting aside a domestic orinternational arbitral award or denying its enforcement. The third of these grounds states that a challenge may be initiated when “the arbitral tribunal ruled without complying with the mandate conferred upon it”.The notion of “mandate” – translation of the French “mission” – is vague, rendering the limits of this ground unclear. This poses a risk of significant increase in the number of challenges of awards and resultsin legal uncertainty. It might also hamper the efficiency of French arbitration law, especially in the contextof a strong competition among seats of arbitration.The analysis of the notion of “mission” provides insight into the particular mandate referred to underArticles 1492 and 1520, item 3, and can be defined as the contractual elements which are directly involved in the performance of the arbitral jurisdictional task. This definition sets out the two criteria – i.e. the contractual elements and the direct involvement in the performance of the arbitral jurisdictional task – that allow listing the breaches that could give rise to an annulment under this third ground relating to the arbitrator’s mission. Applying both criteria clarifies the scope of this ground and strengthens its relevance.While ruling on a challenge that the arbitral tribunal breached its mission, the annulment judge follows the same rational approach, both when analyzing the breach and when considering a possible annulment. The work undertaken in this thesis highlights the gradual restriction of the scope of this third ground relating to the arbitrator’s mission. Every stage of our study– the definition of the mission, the list of grounds covered by this third ground, the judge’s control and the potential annulment of the award –demonstrates that a clear, coherent and rational understanding of the third ground is possible. Such anunderstanding prevents this ground from being construed in an excessively broad sense, as its unclear wording may have suggested. The conducted statistical survey corroborates these theoretical results. All these ideas confirm that the third ground is a relevant and legitimate one
Duarte, Sandra. "Entre déterminisme et libre arbitre : les images emblématiques de la Fortune dans le roman néo-grec espagnol (1604-1657)." Thesis, Clermont-Ferrand 2, 2013. http://www.theses.fr/2013CLF20012/document.
Full textIn the sixteenth and seventeenth centuries, thanks to the writings of Achilles Tatiusand Heliodorus of Emesa, two Greek authors who lived the first centuries of the Christian era, the Spanish writers rediscover a new particular genre. Those books are either labeled as adventure novels or Byzantine novels. Both the terms “novel” and “Byzantine” are inadequate since those books deal with storylines in prose or in verse dating back to the end of the fifth century, that is to say prior to what is commonly and historically termed as the Byzantine era. We will stick to the expressions “Spanishand Greek novel” or “Baroque novel” as taken up by Georges Molinié in order to label this new fictional genre in which we can perceive the development of a literature more in terms with the ethic and a esthetic standards of the Horacian « utile dulci ».Influenced by the political and religious frame of the Counter Reformation, the Spanish and Greek novel or « Baroque novel » exposes in an underlying way the theme of the diatribe about free will and predestination. The role played byProvidence and Fate in those novels, in particular under their emblematic form, is revealing of the Catholic dogmas defended during the Council of Trent. In the four books of the corpus (El peregrino en su patria by Lope de Vega, Los trabajos de Persiles y Sigismunda written by Miguel de Cervantes, Historia deHipólito y Aminta by Francisco de Quintana, Baltasar Gracian’s El Criticón) the issues of determinism and salvation are being raised. This occurs either during thedialogues, or in the development of the plot through the appearance of phenomena of astrological prediction or of other natures dealing with the notions of Fortune and Destiny. In the same way, the characters – through the way they act and behave –evoke the notion of free will, thus underlining the importance of the actions they accomplish in order to secure their salvation
Medina, Casas Héctor Mauricio. "La Ley aplicable al pacto arbitral: Incertidumbre en contravia de las bases del Arbitraje Internacional." Arbitraje PUCP, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/112724.
Full textSordi, Paula de Castro Moreira. "A arbitragem e a resolução de litígios no âmbito desportivo : estrutura, procedimento e consequências da atuação do Tribunal Arbitral do Esporte." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2015. http://hdl.handle.net/10183/127921.
Full textThis work aims to study the dispute resolution within sports, through the arbitrations performed by the Court of Arbitration for Sport (TAS-CAS), by examining the structure of said body, as well as certain aspects linked to its acting. Thus, it has been made a contextualization of the use of arbitration proceedings to the settlement of conflicts related to the practice of sports and the creation of the Court of Arbitration for Sport, to identify, later, the main peculiarities of its proceedings, comparing them to the provisions of the UNCITRAL Model Law and of the rules of the International Chamber of Commerce and the American Arbitration Association, which also regulate international arbitrations. Regarding the activity of the court, it was addressed the existence of a regulatory body specifically related to sports, called lex sportiva, whose formation has been heavily influenced by the decisions of TAS-CAS. Within this context, it were presented some of the principles which compose lex sportiva and which have been developed with the participation of the tribunal. Finally, using the concepts provided by the Economic Analysis of Law, it was sought to identify factors that can increase or reduce the transaction costs in arbitration proceedings before the TAS-CAS, as from the rules which govern it, disposed in its Code of Sports-related Arbitration.
Rix-Lièvre, Géraldine. "Les actes de jugement de l'arbitre." Phd thesis, Clermont-Ferrand 2, 2003. http://www.theses.fr/2003CLF20041.
Full textNúñez, del Prado Chaves Fabio. "The recourse of annulment of the arbitral award and the right to tantrum." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123874.
Full text¿Es aconsejable que un Estado elimine el recurso de anulación de su Ley de Arbitraje? ¿Pueden las partes en virtud de su autonomía privada renunciar al recurso de anulación?.En el presente artículo, el autor demuestra que el recurso de anulación tiene un sustento psicológico y un sustento jurídico-político, puesto que satisface, por un lado, la necesidad psicológica de impugnar o contradecir, la cual es inherente el ser humano y; por el otro, en el marco de un Estado Constitucional constituye una herramienta democrática que garantiza el control de poder.
Dalmon, Laurence. "La Correspondance échangée entre les églises d'Afrique et de Rome à l'occasion de la controverse pélagienne (416-418) : traduction, commentaire et annotations d'un dossier de l'épistolaire augustinien." Lyon 2, 2006. http://theses.univ-lyon2.fr/documents/lyon2/2006/dalmon_l.
Full textPaillard, Christophe. "La justification de la nécessité : recherche sur le sens et sur les origines du fatalisme moderne." Lyon 3, 2000. http://www.theses.fr/2000LYO31018.
Full textGillet, Emmanuel. "Les modes alternatifs de règlement des différends relatifs aux droits de propriété intellectuelle : contribution à l'analyse du concept d'alternativité." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND018.
Full textL'auteur n'a pas fourni de résumé anglais
Aydin, Cem iskender. "Gouvernance d'échelle transversale utilisant les méthodes d'évaluation multi-critères, multi-acteurs pour arbitrer les conflits environnementaux : Le cas des centrales nucléaires en Turquie." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLV092/document.
Full textThe ecological distribution conflicts arising from the growing social metabolism of the world and the resulting expansion of the commodity frontiers pose important challenges for governance, especially when there are multiple interactions between the nature and people holding different value systems, across different scales (from local to global). The current interaction between scales seems to be defined by the jurisdictional power – a manner that is inclined to favour the international and/or national scales, which overlook the ongoing processes taking place in other scales. Such a discrepancy gives rise to a mismatch between the scales where the decisions are made and actions are undertaken, calling for a governance mechanism – one with participatory properties taking into account the different value systems and coordination mechanisms across multiple scales.At this background, this thesis argues that deliberative and participatory multi-criteria evaluation methods might open new avenues for environmental governance mechanisms for the conflicts with cross-scale interactions and aims to show the importance of a multi-scale perspective within multi-criteria framework. In an attempt to operationalize this aim, it uses the conflicted case of nuclear energy production in Turkey and assesses it at national and local scales within the context of national and global environmental justice movements. It is shown that framing a conflicted decision-making problem through multi-scale/multi-stakeholder method is helpful: i) in identifying the challenges resulting from the cross-scale interactions between stakeholders and ii) in presenting them in a transparent and comprehensible manner
Morchid, Tariq. "Efficacité d’exécution des Sentences Arbitrales dans les pays arabes." Thesis, Cergy-Pontoise, 2012. http://www.theses.fr/2012CERG0643.
Full textEfficiency of execution of the Arbitration Awards in Arab countries
Boussofara, Anissa. "Le principe d’interprétation autonome dans la Convention de Vienne sur les contrats de vente internationale de marchandises." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0010/document.
Full textWhen analyzing the United Nations Convention on Contracts for the International Sale of Goods adopted the 11 April 1980 (CISG), a principle of autonomous interpretation appears. This principle is stated in other legal texts (as United Nations conventions and UNIDROIT Principles). The principle of autonomous interpretation belongs to the transnational law and leads to take into account the international character of the legal provisions to be interpreted and to promote the uniformity of their application as “expressed” in the article 7 of the CISG. General principles underlying the CISG are used for gap-fillings which is the second side of legal interpretation. Using national laws is the ultimate resort.The principle of autonomous interpretation in the application of the CISG will be studied. For this purpose, judicial decisions and arbitral awards will be examined. Dispositions from the Convention have been chosen for their interpretation to be examined. The principle of good faith is also examined in its relation with the CISG interpretation. It will be observed that French case-law doesn’t acknowledge the principle of autonomous interpretation. Arbitral awards show a more important tendency to apply the principle of autonomous interpretation but there is no uniformity. The arbitrators in international trade have multicultural traditions and do not depend on a forum. Therefore they are less likely to be “influenced” by national “references” and so much more capable to interpret autonomously international dispositions. Nevertheless the “express” affirmation of a principle of autonomous interpretation is missing from arbitral awards and judicial decisions. This thesis aims to enlarge the acknowledgement of the principle of autonomous interpretation by the interpreters of uniform law using the CISG as a model. The function of the principle of autonomous interpretation will be fundamental to the expansion and to the correct application of uniform law. This method of interpretation is respectful of the objective of uniform law
Nivoit, Maryvonne. "Les différends anthropologiques dans la séparation entre catholiques et protestants : approches historique, systématique et oecuménique." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAK009/document.
Full textAn issue has been ever recurring : are the discords which have been going on since sixteenth century between Catholics, Lutherans, Calvinists as much anthropological as theological ? As this question can be supported it seems suitable to determine these anthropological disagreements, analyse them and wonder whether or not they are obstacle to the Κοινωνία. A study concerning the situation during the XVIth century has allowed to conclude that the anthropological concepts conveyed by an existential philosophy have played a mojor role in the severing within the Western Church. The return on the thoughts developed by Pannenberg, Moltmann and Rahner, theologians of three different confessions, allows us to tell that in the XXth. century man’s vision has always an incidence on the theological concepts but are less and less separative and are often gifts to be shared. The analysis of ecumenical dialogues have clearly shown that theanthropological disagreements have been partly reconciled and are now subject to consensus, even a joint declaration on the doctrine of justification. Today we have to take up a challenge about a declaration on the ministry in order to share the body of Christ at the same table. A differing consensus method could be a help to find a complete communion
Vanlerberghe, Gilles. "La liberté accordée aux élèves par les étudiants en EPS en situation de pré-professionnalisation : contribution d'un modèle conatif à l'optimisation du curriculum enseignant." Littoral, 2007. http://www.theses.fr/2007DUNK0183.
Full textIn the context of the initial training in physical and sporting education (EPS), our research tries to show that the students who are in pre-professionalization, grant more and more freedom to their pupils thanks to the teaching experience they have gathered during their years of study. We consider that the respect for the order in class, the contents of the teaching and their passing on, the organization and safety are some of the clues for observing this more or less granted and/or supervised freedom. Therefore, in a first part that we called the “how to say it”, we studied the words the students associate with “teaching skills” to extract a few conative inclinations compared to the year of study. Then, we questioned them about their intentions of granting freedom to their pupils. If their intentions go in the direction of a growing freedom, reality contradicts them. Indeed, they grant less freedom when they are in front of their pupils than they say they would do. In a second part, called “how to do it”, we measured the gap they may be between intentions and reality. Some conative self-confrontation interviews and some pre-professional training advices will complete our study
Abdulsalam, Sobah Ali. "Convention d'arbitrage et constitution du tribunal arbitral dans les législations des pays membres du conseil de coopération du golfe." Dijon, 1997. http://www.theses.fr/1997DIJOD003.
Full textAlthough the arbitration is well known in the gulf and Arab countries since the past, its development in the international trade is contemporary. There were many factors positively affected the gulf countries legislations in the field of the arbitration, such as the development of the international trade, and the gulf countries participation in the international economic and investment's exchange. Locally, the effect of the Islamic compact could be observed very clearly on those countries. This thesis tries to measure the duality of those countries sources of legislations and its effects on their stands of the arbitration convention and the formation of the arbitration court
Castillo, Freyre Mario. "Imparcialidad en la conformación del tribunal arbitral: Alcances del último párrafo del artículo 14 de la Ley General de Arbitraje." Foro Jurídico, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/120051.
Full textFezzani, Feriel. "Les neurosciences en tant que moyen de preuve : Ou les implications juridiques de l’utilisation judiciaire des neurosciences." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020006.
Full textThe introduction into French law of neurosciences techniques –also called brain sciences- as a means of proof, causes different problems. As neuroscientific techniques progress, allowing us to get closer to the “truth”, carrying the hope of perfect proof, these techniques contradict the principles that founded our system of law. On the one hand, the evidence by the neurosciences proposes to be an intrusion of the human brain, which conflicts in particular with the principles of dignity, of loyalty, and in criminal law, of defendant’s rights. The present study aims to identify the incompatibilities between the acceptance of neuroscience as a means of proof and the rules governing the administration of evidence. In this sense, we were interested in the admissibility of the evidence from neuroscience techniques, and propose to outline the guarantees that could be implemented to make acceptable the use of neuroscience techniques as evidence, by perpetuating the current principles of process. On the other hand, by the possible proof of the absence of free will or even of a lack of performance of the employee, neuroscience invite to question the probative content brought by these techniques. In this sense, the present study was interested in the probative value of the neurosciences as it exists and as it can be interpreted today, and sets out to circumscribe the probative uses which must be admitted
Sidhoum-Rahal, Djohar. "Les fondements du droit pénal à l’épreuve des neurosciences : perspective comparée entre système continental et système de Common Law." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100142.
Full textThe dissertation examines the integration of neuroscience in criminal justice with potential evolutions towards a new evidence system. The system would then be centered around the study of the human body itself to grasp the criminal mind and such a change would have consequences on the main principles of criminal law. In my thesis, I argue that courts cannot use a scientific technique as evidence without importing some basic assumptions from the science in question. As a result, explaining behavior based on neuroscience that challenges the idea of free will would lead to a redefinition of the subject in criminal law, both in common law and in civil law systems
Razakamahefa, Odile Édith. "Les femmes arbitres de volley-ball à Tananarive : place et enjeux de la formation féminine dans le milieu sportif à Madagascar." Thesis, La Réunion, 2013. http://www.theses.fr/2013LARE0016/document.
Full textThis research in the field of sociology of gender aims at understanding the rarity of female referees in the Malagasy Federation of Volleyball (MFVB). The issue concerns the link between the professional practice of arbitration and the norms of sexual identities in the Malagasy society. Due to the lack of existing work on gender and sport in Madagascar, our approach proceeds from an exploratory investigation. The institutional and statistical approach reveals the existence of a double glass ceiling, blocking women's arbitration training, and then, their career promotion. Interviews were conducted, in a qualitative approach, with female referees (8), leaders or managers (17 with 14 men), and a questionnaire was filled in by female volleyball players from Antananarivo (222). All answers point towards the facts but the interpretations vary: the female referees denounce discriminatory processes and the male domination they are facing, leaders legitimize their management practice, relying on the patriarchal norms and values of the Malagasy society, while other male managers do not abide by these positions and other federations promote female arbitration on an international scale. The female volleyball players' responses prove that they are available for the sport and generally express an egalitarian conception of arbitration, a quarter of the women even said they would like to become referee. Although the end of discrimination in the arbitral management of the MFVB seems to depend on internal power relations, the survey shows the emergence of gender mobility in the Malagasy sport community, women referees have actually conquered new public and democratic prerogatives
Almahmoud, Hussam. "L'arbitrage commercial international et les opérations bancaires : étude à la lumière des droits syrien et égyptien." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0123.
Full textThe practice of business reveals the success of arbitration as a means of resolving disputes. This form of justice, promoted by important international and regional conventions, is recognized and encouraged by many national legislations. The Syrian and Egyptian Arab Republics are not so left behind this way. They have adopted important and modern texts which aimed at ensuring the effectiveness of the arbitration process and creating a favorable environment for the development of this type of dispute settlement. Yet despite a favorable legislative context, banking operators in these republics are still reluctant to resort to this form of justice. Although this resume may be justified in the case of disputes arising from the implementation of so purely internal operations, it is surprising to observe it in the case of operations which are deployed in the international order. The object of the study is therefore to highlight the prospects offered by the new legal provisions. At first, the question of "access to arbitration" is explored. Going beyond this first problem, it was still necessary to examine the way in which these national provisions frame "arbitral justice" at the stage of the proceedings as well as at the level of appeals available against the award
Cantuarias, Salaverry Fernando, and Deville José Luis Repetto. "The new indomitable colt: The problematic standard of motivation of awards required by Peruvian courts." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123379.
Full textEl autor hace un análisis crítico la situación actual del Arbitraje en el Perú, a partir de diversas decisiones de las cortes al momento de identificar el estándar de la motivación que debe tener un laudo arbitral. De esta forma, precisa que las consecuencias de anular laudos arbitrales por indebida motivación, insuficiente motivación o por calificar criterios del Tribunal Arbitral son graves y afecta todo el avance que se ha obtenido en el Arbitraje en estas dos últimas décadas.
Muñoz, Ferrera José Manuel. "La avenencia y mediación arbitral en el derecho islámico andalusí. Eje vertebrador en materia de conciliación y arbitraje entre comunidades y su contemporaneidad." Doctoral thesis, Universidad de Alicante, 2017. http://hdl.handle.net/10045/72991.
Full textJandard, Léonor. "La relation entre l’arbitre et les parties : critique du contrat d'arbitre." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100085.
Full textThe arbitrator's contract is designed to materialize from a legal point of view the relationship built up between the arbitrator and the parties to the arbitration agreement during the arbitral proceedings. In this respect, it has been recognized for a long time by both the doctrine and the case law. It is very likely that the private source of the arbitrator's mission, along with its usually onerous nature, have participated in deeming the existence of such contract a self-evident fact.However, the contractual approach of the relationship forged between the arbitrator and the parties is worth putting to the test in the light of positive law. The study carried out in the present thesis unveiled that the arbitrator's contract, although it has been imposed as a remedy to several difficulties arbitration had once to face, actually leads to more difficulties that it solves. This is due to the fact that various obligations that the arbitrator is considered to have to comply with according to the arbitrator's contract actually preexist as a result of the arbitrator's legal status, in accordance with the Decree of January 13th 2011 on the reform of arbitration law. This results in various uncertainties and inconsistencies brought to light through an extensive analysis of disputes between the arbitrators and the parties that have been brought to State courts. Through critical analysis, this thesis offers to lay the foundation of a renewed approach of the relationship between the arbitrator and the parties
Thévenet, Anne. "Ralph Cudworth et les fondements de la morale." Clermont-Ferrand 2, 2007. http://www.theses.fr/2007CLF20016.
Full textNguyen, Thi Hoa. "Les procédures de règlement des litiges en matière de construction appliquant les contrats-types FIDIC." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020095/document.
Full textThe subject of this thesis deals with international construction dispute settlement procedures stipulated in the FIDIC standard forms of contracts under which disputes between the parties to these contracts may be settled by the Engineer, the Dispute Adjudication Board (DAB), the amicable mechanism and arbitration.From the standpoint of law, these procedures are favored. However, there is a limit under French law. This limit lies in the fact that French law distinguishes, after handing over of the works, between two kinds of - legal and contractual - responsibilities of the contractor towards the employer. In this way, the contractual procedures do not apply to disputes relating to correct defective works which are relevant to legal liability of the contractor, which does not exist in English and Vietnamese laws where the contractor is only responsible towards the employer for damage to the work under the contract and so disputes between them has to be settled by the contractual procedure.In application of the contractual procedures, attention should be paid to the implementation of the decision from these procedures. On this point, the arbitral nature of DAB’s decision must be considered so that it can be rapidly enforced. In addition, in order to make these procedures effective in practice, we also propose that the FIDIC should modify certain points of the “claim, Dispute and Arbitration” clause.As far as arbitration is concerned, in the actual context, it is no longer correct to think that ex aequo and bono arbitration and arbitration in law are only an alternative but we can combine them for the purpose of previous fairness arbitration and subsequently the arbitration in law. In the absence of the parties' agreement on the rules of law to be applied by the arbitral tribunal, the tribunal shall assume the powers of an amiable compositor. Apart from this problem, we also seek a new basis for recognizing the precedent value of the international arbitral award according to which the right of the parties as well as arbitrators to refer to the solution of a previous award in the similar case is recognized when the conditions to apply a precedent are met. In addition, attention should be paid to the determination of the jurisdiction of the arbitral tribunal towards the third-party non signatory to the arbitration clause. Finally, the setting aside of the award lead ipso facto to nullity of the arbitration clause as in Vietnamese law is an inadequate provision of the law that requires modification
García, Calderón Moreyra Gonzalo, and Rentería Alberto Molero. "Entre la cura y la enfermedad: a propósito de las modificaciones a la Ley de Contrataciones del Estado y su reglamento en materia arbitral." Arbitraje PUCP, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/112722.
Full textSalcedo, Castro Myriam. "L’arbitrage dans les contrats publics colombiens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020028/document.
Full textEven though Colombian and French administrative law are grounded on the same principles, Colombian administrative law did not adopt the stance that public legal bodies are prevented from agreeing arbitration clauses and submitting their disputes to arbitration. Colombian case law has recognized arbitration clauses in relation to disputes arising out of public contracts, even when there is no specific legal authorization to do so. The principle of the rule of law, the continuity of the provision of public services, the public interest and the existence of a specialized administrative jurisdiction, are the foundations of public contract law. Nevertheless, public contract law is implemented under the aegis of contract law and it shares essential aspects of arbitration law: the autonomy of the parties free will and freedom of contract. Since 1993, Colombian law has not imposed any limit on the arbitration of disputes arising out of public contracts, even if former laws did so. Could this legal progress be construed as granting similar jurisdiction to arbitrators and administrative judges? Is general arbitration law suitable for the needs of the settlement of disputes arising out of public contracts? What is the scope of this change for the international arbitration of disputes arising out of public contracts? Despite the apparent contradictions, the essential tenets of public contracts, do not conflict with the key components of arbitration. The jurisdiction of arbitrators is confined to “contentieux subjectifs”. Colombian case law has developed since 1964 and has been consolidated over time, allowing us to evaluate to what extent the arbitration of disputes arising out of public contracts is an effective and efficient tool for public administration
Chaix, Charles. "L'encadrement administratif de la violence dans les stades de football en France." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_chaix_c.pdf.
Full textThis thesis objective is firstly to analyse and to criticize the preventive norms concerning the fight against hooliganism. Secondly this research will adresse the study of the administrative repression. We will dwell on two measures : the stadium ban and the dissolution of the supporter’s associations. This second part will also focus on the discipli nary responsibility of the football’s clubs do tue to the owns supporters
El, Gammudi Mailud. "Le problème de la liberté chez les penseurs musulmans et les penseurs chrétiens : Saint Augustin, Descartes, Alghazali, Averroes." Aix-Marseille 1, 1988. http://www.theses.fr/1989AIX10007.
Full textCastres, Saint Martin Constance. "Les conflits d'intérêts en arbitrage commercial international." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020029/document.
Full textConflict of Interests is a fascinated subject due to its pervasiveness in the economic life. This approximated expression, borrowed from the politicians and Anglo-American lawyers' jargon, has recently spread into the French business world and was taken up by the media to designate the interferences of private interest in the exercise of powers of private or public nature. In the current state of French Law, there is no specific rule governing conflicts of interests, neither in Private Law, nor in Public Law. Indeed, politicians and scholars paradoxically only focus on their prevention, whereas their sanctions fall within the scope of broader notions. The aim of this research is to lay down the definition, the operative value and the regime of conflict of interests. The scope of this research shall be, within Private Law, Commercial Arbitration Law, which is particularly exposed to the hegemony of Anglo-American laws