Dissertations / Theses on the topic 'Liberia France'
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Juen, Philippe. "La liberté de manifestation." Lyon 2, 1999. http://www.theses.fr/1999LYO2A019.
Full textBoutouba, Nadia. "La liberté de religion : Perspectives comparées France-Canada." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD033/document.
Full textIn France and in Canada, freedom of religious beliefs constitutes a freedom of first rank protected by many texts. If France registered in its Constitution the principle of secularity of the Republic, on the other hand, in Canada the constitutional law does not recognize it but the Canadian State rests out of religious matter on the principle of neutrality. The work of thesis will consist in comparing the French and Canadian decisions in particular in order to distinguish the reasoning which underlies each approach and to thus better understand their operation in particular with regard to the principles of neutrality (Canada and of secularity France) and their consequences on the legal management of the religious claims
Mahouachi, Mohamed. "La liberté contractuelle des collectivités territoriales." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32082.
Full textContractual liberty is a notion of private law that has known a huge success troughout the nineteenth century. The doctrine of private law has always been strongly associated to contractual liberty of citizens, while the doctrine of public law has always left it aside. The latter focused on the study of the unilateral administrative act, considering the contract as a secondary legal act. Yet, the regions with a measure od autonomy as well as the citizens both enjoy contractual liberty according to article 72 of the French Constitution. Thus they can cite this genuine fundamental liberty, which compels the legislator to acknowledge and respect an indomitable part of liberty. As the act of the regions with a measure of autonomy is completed, so is its contractual liberty, and the latter must only be concerned with the satifaction of the local general interest. .
Gardère, Anne. "Coopération intercommunale et liberté communale." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_gardere_a.pdf.
Full textFrench territorial administration is characterized by a very important number of villages, towns, cities. In order to forestall or to remedy the disadvantages résulting of more than 36 000 of them, french governement has chosen to promote not the merger (rejected by local authorities in the 70's) but the cooperation between these towns and cities. This goal has been reached thanks to special local institutions, named "communities", which have been enforced since 1999. They can be created freely by towns and cities themselves, but can also be imposed on them. They now get their own organization, taxes and almost specific missions, which were originally those of the traditional towns and cities. They are now very powerful and reduce traditional towns and cities autonomy. However, communities should also entail positive evolution for local administration and improve it, maybe by the removal of some of traditional villages or towns
Destrem, Hélène. "La liberté constitutionnelle de religion en France et aux Etats-Unis." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32069.
Full textBacchetta, Clara. "La liberté d'expression professionnelle des militaires." Paris 13, 2000. http://www.theses.fr/2000PA131034.
Full textMonge, Luz. "La liberté de procréer : pouvoir de la femme." Paris 2, 2000. http://www.theses.fr/2000PA020064.
Full textJeanvoine, Elizabeth. "Liberté corporelle et nécessités sociales." Nancy 2, 1993. http://www.theses.fr/1993NAN20004.
Full textPersonal corporal freedom had considerably evolved under the influence of biology and medicine, which have made great strides. Rules of self-determination are changing. The traditional control of the judicial system emanating of political power is progressively supplanted by a control system emanating of scientific and medical authorities. Therefore, justifications to set bounds to self-determination are different
Josende, Lauriane. "Liberté d'expression et démocratie : réflexion sur un paradoxe." Toulouse 1, 2005. http://www.theses.fr/2005TOU10059.
Full textThe Constitutional Council asserts the specific nature of the freedom of speech, while this right is being highly limited. We have to understand constitutional law as a discourse allowing to structure and legitimate specifically this type of social organization. However, liberal democracy suffers from the opposition between two logics -constituant but nevertheless contradictory- which were in charge of its advent. The individualism justifying it is confronted with the necessity to maintain a stable sociopolitical order. We have to consider this right as the incarnation of a fundamental value of the classic liberal ideology when presented as superior, and as a concrete construction of the democratic system when it appears highly limited. These two dimensions are closely linked and complementary. This freedom is an individual and social right which depends on fundamental dialectics of modern law lying in the opposition between the premises of liberal philosophy and the requirements of the construction of democracy
Bresson-Rognon, Isabelle. "La retraite en France : entre contrainte et liberté de choix." Paris 2, 2005. http://www.theses.fr/2000PA020066.
Full textMazhari, Mohammad. "La liberté communale en France et en Iran : étude comparée." Paris 5, 2010. http://www.theses.fr/2010PA05D006.
Full textWe can doubtless estimate the liveliness of a democracy at the autonomy which it leaves with its regions with a measure of autonomy. The object of this study is to establish a comparative study of the municipal freedom in France and in Iran. In spite of the difference of regimes, the management of cities and, in particular, big conglomerations, is subjected to the same constraints. The local autonomy went unheeded for a long time in Iran because of the non-application of the texts which planned it. The city hall, the term used on the Iranian legislation, plays a dominating role in the management of big cities. In Iran, it is definitively in 1996 further to the approval of the " Law of the training, the power and the election of the Islamic council " which awards the choice of the mayor to the members of council that the city hall acquires a status to part, untied from any connected entity or not in the State. But there is always an ambiguity in the exercise of the freedom of the municipalities viewing the big power of the State and the limitation of the possibilities for the municipalities. The present research aims at studying in which measure the municipal freedom can exist in Iran comparing with France. This research work consists of two parts: the City Council and the executive power. In the first part we study the City Council in five chapters through election, skills, functioning of the City Council, the local administrative organization at the level of the district, the finances of the municipality, and the exercised control over the local councilors. The second part having for the title " The executive power " is divided into five chapters, dedicated to the mayor's mandate and to its functions and responsibilities. The study of institutions comes along with an analysis of the main skills of the municipality and with its finances
Goudarzi, Mohammad Reza. "La peine privative de liberté : étude droit comparé franco-iranien." Thesis, Nancy 2, 2011. http://www.theses.fr/2011NAN20006/document.
Full textGabrielli, Virginie. "Le droit de l'urbanisme et la liberté religieuse." Nice, 2003. http://www.theses.fr/2003NICE0064.
Full textBeauchamps, Anne. "Des garanties aux atteintes à la liberté individuelle." Nice, 2000. http://www.theses.fr/2000NICE0049.
Full textThe most fundamental aspect of freedom is the safety right. The coercive mesure must be forecast by the law and have to be accompanied by a decision of a tribunal. However, in many cases a government official, the Prefect, can decide to detain someone. The preservation of public order can justify this faculty but the legislator have to regulate the conflict of two opposite interests. Many garantees must preserve the dignity of a personn and prevent from the arbitrary detention. Two ways have to be followed : on the one hand, a new and best application of rights, on the other hand, a much improved judicial review
Milon, Sabine. "Liberté d'expression des médias et droits de la personne." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32020.
Full textKruger, Hervé. "Liberté de gestion et endettement des entreprises en droit fiscal." Paris 2, 2007. http://www.theses.fr/2007PA020004.
Full textHERMANN-DEMIERE, CORINNE. "Les restrictions de liberte du coproprietaire." Cergy-Pontoise, 1997. http://www.theses.fr/1997CERG0027.
Full textDagher, Elie. "Volonté et liberté dans les contrats." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30003.
Full textThe liberty, recognized to individuals to make contractual obligations, is today subject to restrictions of which the number and importance have not ceased to increase. The economic and social evolution of french society has change the traditional appearance of the contract, and the private relations, under the influence of interventionist conceptions, have become an arena open to action by the legislator. This situation has allowed foreign elements to penetrate the consent of the parties concerned. Nevertheless, the development of contractual relations and substantive law has led the jurists to reconsider the exact impact of the individual's will in the contract. In this manner, the new doctrines, having a tendency to efface the final traces of voluntarism in the conception of the contract, have seen their day. These doctrines however have not been adopted by substantive law. This reality implies a need for research towards a new concept of the contract. A new reading of the civil code of 1804, free of all autonomist prejudice, shows that the editors of the code did not call for free will as a foundation to the contract. One can then conceive a theory of the contract built solely on the principle of an accord between the wills, restrictions in nature or not, of the contracting parties
Dupuy-Busson, Séverine. "La liberté cinématographique en France et en Europe : garanties et limites." Paris 2, 2002. http://www.theses.fr/2002PA020097.
Full textFakhfakh, Emna. "La liberté de gestion en droit fiscal : étude comparée Tunisie-France." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1030.
Full textFreedom of management in tax law faces both, an abundance of choices and strategies available to the taxpayer that he can initially use to seek the less taxed alternative as well as a strengthening of the tax administration’s powers geared towards reducing tax evasion and tax avoidance. Swaying between the protection of management freedom and the struggle against tax evasion, the Tunisian and French systems diverge and converge in a number of points. The aim of this research is to compare the French and Tunisian freedom of management in tax laws. The main results show that in the two systems, the freedom of management is not designed in the same way. Unlike the Tunisian law, case law has played an important role to define and outline freedom of management in the judicial concepts relating to abuse of right and abnormal act of management. In the Tunisian law, in addition to unclear tax legislation, the case law has appeared undecided to outline the freedom of management. The protective freedom of management mechanisms vary in the French law and the Tunisian law. However, in both the French law and Tunisian law, there isn’t a harmonious balance between protection of freedom of management and protection of treasury interest. The development of the interference means of the tax administration causes gradually the decline of the freedom of management
Cambot, Pierre. "La protection constitutionnelle de la liberté individuelle en France et en Espagne." Pau, 1995. http://www.theses.fr/1995PAUU2037.
Full textBecause it stands at the top of the hierarchy of laws, the constitution has a responsability to protect individual liberty. However, examination of the fundamental laws in france and spain shows that this potential has been exploited in different terms in the two countries. Whereas the letter of the french constitution restricts its scope to governing the institutional relations between the principal institutions of the state, the spanish constitution - drafted during the democratic movement which profoundly affected southern europe in the 1970's - gives a privileged status to fundaental rights. In spite of this original difference, the voluntarist jurisprudence of the conseil constitutionnel has finally succeeded in bringing the french system into line with the requirements of modern constitutional law. Consequently, the constitutional regim of individual freedom is, in the main, broadly indentical in france and spain
Brocal, von Plauen Frédérique. "Le droit à l'information en France : la presse, le citoyen et le juge." Lyon 2, 2004. http://theses.univ-lyon2.fr/documents/lyon2/2004/brocal_f.
Full textThe legal system on information has been developed out of the different liberties related to the press (embodied by article 11 of the DDHC, the laws of 1881 on the press and of the 29th July, 1982 on audio-visual communication). If this system was mostly oriented towards the information distributors, the 1980's have witnessed a new tendency influenced by the constitutional judge. For the constitutional counsel, the liberty of communication can only be effective if the legislator respects the constitutional principles of pluralism of information and the fairness doctrine, with the purpose of satisfying the essential end-users : The reader, the listener or the television viewer. Likewise, the European Court of Human Rights, with article 10 of the ECHR on the liberty of expression and information in mind, thinks that the democratic society is characterized by pluralism, tolerance and a spirit of openess i. E. Liberty is given not only when information is welcomed favourably or indifferently, but also when it shocks or even hurts the authority of the state, or a fraction of the population. Although the constitutional judge, through case law, regulates the information rights of the citizens, the effectiveness of these rights are fully applied when confronted with the protection of others and the necessity of public order. On the other hand, and even if it tends towards a subjective right of the citizen, it remains uncompleted, the judges having not explicitly recognized the interest to act of the citizens
Pech, Laurent. "La liberté d'expression et sa limitation : étude de droit comparé : Allemagne, Etats-Unis, France et Convention européenne des droits de l'homme." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32044.
Full textThe issue of limiting freedom of expression presents, in fact, the issue of accomodating this right and determining appropriate limits. To that effect, common practice generally admits to opposing the "European" concept of freedom of expression - authorizing a more balanced approach to the rights or stakes in question - to the more absolute concept proper to the U. S. This postulate deserves to be demonstrated. Constitutional texts have been found to be diverse in their declarations of the right to freedom of expression. But freedom of expression can never be exercised in absolute terms, nor prevail upon other rights or interests. All interference with the exercise of this right must nevertheless respect a certain number of conditions in order to be judged as valid. Most certainly, these conditions are subject to be implemented on differential basis. .
Fraissinier-Amiot, Virginie. "La liberté d'entreprendre : étude de droit privé." La Réunion, 2006. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/06_04_fraissinier.pdf.
Full textImplicitely recognised in the 1789 Declaration of Human and Civil Rights, the freedom to conduct a business has been sanctioned by the French Constitutional Court in 1982 and stands since as a fundamental freedom. Likewise recognised in European law, that freedom nevertheless raises a number of questions as to its definition. It first stands as the basic freedom that everyone enjoys when undertaking to create a business. It nevertheless comprises the power of managing or exploit a business in the view of making a profit, that of entering into commercial competition and, eventually, that of ending the course of a business. The study of that freedom from a private law perspective can be organised in two complementary directions: The relativity of the freedom, such freedom being approached as a formal right subjected to various and numerous limitations ; the effectiveness of the freedom that can be analysed through the mechanisms of protection that exist in national and European law, which both contribute to its concrete realisation
Andrault, Marc. "Le discours de l'episcopat francais sur la liberte de l'enseignement : 1959-1994." Nantes, 2000. http://www.theses.fr/2000NANT3026.
Full textTachon, Raphaël. "L'intérêt général, élément de régulation de la liberté de circulation automobile." Artois, 1998. http://www.theses.fr/1998ARTO0303.
Full textTrough the study of legislation and statues, and the reading of administrative and judiciary case-law as well as doctrine, general interest, a key notion in administrative law, appears as a regulating element of the right to driving. Its regulating function is two-fold. First, the notion of general interest guarantees the definition and the protection of a basic public liberty, namely the right to free movement. This includes an active stage, driving, and a passive stage, parking. Then, the notion of general interest justifies the necessary restrictions to this right : such a public liberty cannot be without legislation. The rules which apply to driving have effects both on driving and parking
Viottolo-Ludmann, Agnès. "Égalité, liberté dans le contrat de travail : évolutions du droit contemporain." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32068.
Full textDupoux, Julien. "Production et exercice du pouvoir en milieu paysan sur le plateau de Millevaches." Thesis, Clermont-Ferrand 2, 2015. http://www.theses.fr/2015CLF20021/document.
Full textHow a farmer can have some power on his activity, on his life? To find several levels of power used by farmers, I'm travelling the "Plateau de Millevaches"(Limousin, France) where are growing several original initiatives. Farmers are approached by qualitative interviews. Concerning the way of being farmer, there’s a choice: to privilege a sectorial and professional identity, or to affirm a local one; and this choice is link to several way to conceive and use power. Indeed, power is not restricted to domination, proper to hierarchical relations in which farmers, following an institutional model, are plunged, but power also consists in influence or creation, used by farmers who claim their local ownership.Through power, liberty and our ethical choices are challenged
Rault, Olivia. "La formation du contrat de travail : essai sur la liberté contractuelle." Paris 2, 1999. http://www.theses.fr/1999PA020061.
Full textTavieaux-Moro, Nicolas. "Le juge civil et la liberté d'expression." Toulouse 1, 1997. http://www.theses.fr/1997TOU10047.
Full textDuque, Ayala Corina. "La politique publique d’éducation en France et en Colombie." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40027/document.
Full textThe first part of this thesis is devoted to a synchronic comparison of the history and foundationsof the right to education, as well as the components of the right to education (availability, access, permanence,acceptability, adaptability and quality thereof) and how they have been translated into current nationallegislation. The categories of analysis used therefore have specifically made it possible to carry out a microcomparisonin this area, that is to say, a comparison of the stakeholders in the school system, their functions,powers, duties and guarantees.The second part of this thesis is devoted to an analysis of the nature and scope of the right to education in bothcountries, and how it has been enshrined by judicial, legal and constitutional means, and thanks tosupranational standards.The third part of this thesis is devoted to a comparison of the transformation, in the light of changes occurringin the global arena, of institutions and public policies in each country with respect to education. This hasmade it possible to understand the role of international organizations in creating new universal standards, andhow these standards have been incorporated into domestic legislation. Finally, an analysis of the evaluation ofschool systems based on neoliberal indicators has been undertaken, which has made it possible to compare theorganization and management of education systems of both countries.The findings resulting from the observation of both legal systems have led to highlight the common principlesand foundations that exist in the Western world and that have facilitated the flexible harmonization ofinternational public law on education
Tinel, Marie. "Le contentieux de l'exécution de la peine privative de liberté." Poitiers, 2010. http://www.theses.fr/2010POIT3006.
Full textLitigation regarding the execution of custodial sentences which, in France, is divided between the two orders of jurisdiction only came to existence about 20 years ago. Before that and despite a few exceptions, the most important of which was seeking state liability in damages, remedies at law against a prison administration decision or an aménagement de la peine (adjustment of the sentence) decision remained inadmissible. Thus, this litigation was long limited to determining which judge had jurisdiction. .
Mhiri-Abid, Henda. "La contractualisation de l'action administrative en France et en Tunisie." Angers, 2013. http://www.theses.fr/2013ANGE0062.
Full textIn a comparative perspective, this PhD dissertation deals with the french and Tunisian experiments of contractive and administrative actions. The French contractualization included three phases: the contractual economy, the territorial Administration and the "all contractual". The first phase is present in the laws and practices of the Tunisian experience. The territorial Administration is lacking in Tunisia because of the limitations of decentralization and the breach of contractual freedom of local authorities. Unlike in France, the contract in Tunisia does not extend to the royal domains. That is why I proposed to retain a phase which I call the "era of the partial contract". The contractualization movement of relationships between public persons and private people was renewed in both countries with the notion of public-private partnership. The public-private partnership mobilizes delegation contracts and public procurements. In addition, public-private contracts are specific to France and extend the contractual field of administrative action, but it does not exist in Tunisia. That said, the public-private partnership agreements still develop in concession contracts, the digital economy, within the scope of land intervention perimeter, environmantal protection contracts and contracts of BOT, BOO, BTO and LBO. However, if the advances of contracting are irresistible in law and in practice, it is limited in both countries. The risk of legal security in one of the main limitations of contracting. This includes the issue of legal status of contracts between public persons, the reclassification of some contracts between public persons and private people, the contract unilatera
Porte, Noémie. "Le Conseil constitutionnel, gardien de la liberté des Anciens." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10017.
Full textThe research had for subject the study of the decisions of the Constitutional Council in the light of the liberty of the Ancients and the liberty of the Moderns, both concepts proposed by Benjamin Constant in 1819. The French constitutional judge seems more inclined to protect the requirements of the liberty of the Ancients than the individual autonomy. The first part of the thesis attempts to demonstrate that the Constitutional Council operates a control of the principles of the political representation to the benefit of the liberty of the Ancients : the High authority is demanding as regards the democratic elaboration of the law and the conservation of the collective "goods" such as the sovereign people's unity or the indivisibility of the Republic. The second part of the thesis is dedicated to the control of the respect for individual rights, which is also operated in the service of the liberty of the Ancients. The existence of a jurisdictional appeal is often enough to guarantee the constitutionality of infringements of substantial rights, leaving a wide margin of discretion to the political representation. The constitutional judge nevertheless showed himself rigorous towards the respect for the liberties of communication, without which the representatives have an electoral but not democratic legitimacy
Ach, Nelly. "La liberté de l'enseignement face à l'intervention publique." Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Ach.Nelly.DMZ0401.pdf.
Full textAcademic freedom implies the existence of private educational institutions. This raises the question of their relations with public authorities. Those links can lead ether to grant benefits to private institutions, or to set them limits. Our objectives is then to analuse the veracity of the principe of parity, between the public sector and the private sector. If the rignt to open a private educational institutution, as well as the right to choose the institution to be attended by our children are not questioned any more, the matter of public funding of private institutions has been more disputed. Yet, academic freedom effectiveness necessarily lead national and local government to grant benefits. In order to allow a maximum number of families to really choose between the two academics sectors, public funding of private institutions has become the main mean of academic freedom. Nonetheless, a legal frame for private institutions has been set by national government, highlighted by material constraints, by obligations in education programmes teached in schools, and by respect of fundamental rights proper to the differents role-players. Finally, modern aspects of academic freedom have to be pointed out, as they put private educational institutions at the same level as their public equivalent in many fields, but also with respect to obsolescence of some secular provisions that may favour or disfavour private institutions
Monera, Frédéric. "L'idée de République et la jurisprudence du Conseil Constitutionnel." Nice, 2002. http://www.theses.fr/2002NICE0009.
Full textLongere, Frédérique. "Le droit criminel français et les convictions religieuses, philosophiques ou morales." Nancy 2, 2001. http://www.theses.fr/2001NAN20004.
Full textSchiller, Sophie. "Les limites de la liberté contractuelle en droit des sociétés : les connexions radicales." Paris 2, 1999. http://www.theses.fr/1999PA020001.
Full textNowadays, the freedom to contract plays an important part in company law. Although it is necessary to preserve the essence of this freedom, limits must still be set. The first step was to look for these limits in rules mandatory for the parties. The mandatory nature of each disposition had then to be defined. The usual criteria proved unequal to the task. The criterion of law and order, for instance, was inefficient. In the same way, it was impossible to find useful criteria to categorise the notion of firm or the lawfulness of the conventions dealing with the modus operandi of companies. New limits to the freedom of the parties thus had to be suggested. These limits, referred to as "fundamental links", don't restrict the parties' freedim to contract, as the judge will only pronounce judgement on the consequences of such acts. These mustn't violate what was defined as fundamental to the essence of compny law, i. E. Not so much clauses as a kind of link inherent to the very nature of the rules. Two links have thus been suggested: one between the activity involved and securities, the other between power and liability. A study of substantive law showed that most company-law rules respected these links. It consequently became possible not only to see how the acceptability of many law-firm conventions measured up to these links but also to suggest relevant penalties should these limits not be respected. When the violation result from the creation of a company, this firm must be declared inopposable by widening the terms and effects of the penalty. When this violation is due to a convention, the judge must be allowed to inflict competition law penalties
Fortier, Charles. "L'organisation de la liberté de la recherche en France : étude de droit public." Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/c802052b-3e19-4d26-84d8-074eaf9be803.
Full textThis study concerns the dialectical relationship that has been instituted in France between the intervention of public authorities in the field of research, and the principle of freedom which is the catalyst of the production of scientific knowledge. For more thant fifty years, the State has, as in many other developed countries, taken the role of a major participant in the realm of research which is considered an essential medium of economic and social transformation. The State's involvement in the sphere of science tends to stimulate and orient research ; it brings forth specific questions in France, because the government's actions can be felt - directly or indirectly - through public institutions, by public researchers, within the framework of public law. Through the ethical supervision of certain scientific activities and through the regulations which determine how the results of research can be exploited, the State also concerns itself with limiting the potential misuses or abuses which are liable to accompany the advance of knowledge. The commitment of public authorities to scientific development has led them to handle the organization of scientific freedom, considered to be a fundamental guarantee of its efficiency. The freedom prevalent in how scientific research is conducted, is expressed as much through the legal status of public researchers as through the rules for running public research institutions (i. E. Universities and research institutes) [summary of the author]
Demar, July-Claude. "Le référé-liberté administratif de la loi du 30 juin 2000 : Entre ruptures et continuités." Antilles-Guyane, 2009. http://www.theses.fr/2009AGUY0248.
Full textThe “référé-liberté” is the jewel of law 2000-597 of June, the 30th 2000. By this registered proceeding on article L. 521-2 of Administrative Justice Code, the lawmaker wanted to offer to fundamental liberties a particular efficient jurisdictional protection and particularly efficient. He gave to applicants the equivalent of “juge judiciaire” law appeal, abolishing the old theory of “voie de fait”. So called in emergency and determining en 48 hours, the summary magistrate can make it compulsory for administration to take the necessary measures against a serious and obviously illegal damage to a fundamental liberty, by a corporate body of public law or private law being in charge of a public service. All these preconditions have to be simultaneously fulfilled to refer to the summary magistrate. Applicants may be corporate bodies or physical persons, and public or private persons. In spite of a simplified proceeding, the administrative magistrate analyses rigorously the preconditions that let to use this proceeding. How to define the fundamental liberties? What kind of emergency let applicants to law appeal the summary magistrate? What are the magistrate powers and means? The “référé-liberté” is necessarly as selective as attractive. The “référé-liberté” is assuredly perfectible. At least it is revolutionary about relationships between the administrative magistrate and liberties that he always protected and that he can now better defend, controlling administrations and time. The case law has to show it
Toscano, Loredana. "La "laïcité française" et la laïcité "à l'italienne" : Comparaison de deux réalités." Paris 1, 2011. http://www.theses.fr/2011PA010328.
Full textJeannin, France. "Le révisionnisme : contribution à l'étude du régime juridique de la liberté d'opinion en France." Paris 2, 1995. http://www.theses.fr/1995PA020129.
Full textThe meaning of <> is not clearly defined. One state that nobody really tries to know what this word means. However, although revisionism covers many simultaneous intertretations, it always implies the criticism of a domunant theory or orthodoxy. This word has often been misused because since 50 years ago it stigmatizes a trend better nemaed as <>. In fact, after rhe second world war, a movement appeared contesting the existence of the jewish genocide and the extermination gas chambers. The speard of revisionist theories has led to legal proceedings facilitated since the appearence of the law of july 13th 1990. This law makes it illegal to deny the existence of nazi crimes. This thesis concens public law in the field of fundamental freedoms which means that the methodology used relies on constitutional law in the first place, political philosophy, administrative law and thus on criminal law and legal procedures. This methodology consist of a possibly exhaustive survey of the different legal decisions taken until today which are linked to revisionist and or negationist outbursts and excesses. The need for a law to garanty the punishment of offences related to tevisionism (provocation of racial hatned, racial slander, war crimes apology, breach of the memory of the dead) is paradoxical since it can be contested wether this law conforms with the constitution. The present thesis is written 50 years after the end of the second world war and its wellknown implications
Gocer, Mahmut. "La protection de la liberté individuelle en droit positif turc et français : étude de droit comparé." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32037.
Full textThe essential condition wich allows any form of freedom in individual freedom (in the looset sense for safety but also the freedom to come and go, the inviolability of the home, the right to privacy, and freedom to marry) in order to have this individual freedom there are two requirements - on one hand that the law is guaranteed (the highest guarantee of fundamental rights) and on the other the judge's guarantee - most of all judicial authority protects individual freedom
Bourdarot, Magali. "Le droit à l'information en droit d'auteur." Paris 12, 2004. http://www.theses.fr/2004PA122001.
Full textStudying the public's right to information in the context of copyright opens new dimensions to the connection between the public's interest and copyright protection. Although the legislation of copyright provides for exceptions to the monopole of the author such as the public domain and limitations to the patrimonial rights of the author, nevertheless it does not fully satisfy the public's right to information. The concept of public's general right to information is currently contemplating a great development in various fields of the French legal system and can no longer be ignored by the legislation of copyright, especially since the public's right to information participates in the creation of a new definition of the public. The complex and contradictory link between the two concepts can easily be understood: one urging liberty whereas the other leading to monopolistic situations. It is therefore necessary to find the right equilibrium in order for both interests to be honoured. This matter will be addressed first from a copyright perspective by trying to resolve this conflict by the traditional instruments of copyright. However, such analysis being unsatisfactory, it will eventually be more fruitful to use the perspective of public's right to information
Dupre, Marc. "Contribution à une théorie générale des contrats spéciaux : apports du principe de liberté contractuelle tempérée." Toulouse 1, 2011. http://www.theses.fr/2011TOU10039.
Full textLaw of contracts is part of an ideological, historical and juridical current which gives to this field specific characteristics. The principle of temperate contractual freedom summarizes this specificity of law of contracts, primarily founded on framing the relationship between the different parts rather than on considering the balance of benefits. However, studying common law of contracts allows one to demonstrate the insufficiencies of this relational approach to contracts. The examination of special law of contracts demonstrates the evolution of the special rule in the field of contracts. While most authors advocate developing families of contracts or intermediate rules common to all contracts, this study proposes a prospective view for remodeling both parts of contract law and for contributing to build a general theory of special contracts. The principle of temperate contractual freedom allows pinpointing some ideas to improve this relationship between the criticized common law of contracts and the recently growing area of special law of contracts
Gruszka, Katarzyna, and Andreas Novy. "Sharing the liberal utopia. The case of Uber in France and the US." WU Vienna University of Economics and Business, 2018. http://epub.wu.ac.at/6434/1/sre%2Ddisc%2D2018_07.pdf.
Full textSeries: SRE - Discussion Papers
Duran, Jean-François. "Entre liberté contractuelle et intérêt social : le statut conventionnel des dirigeants de sociétés anonymes." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32076.
Full textThe limited company does not have escaped with the phenomenon of contractualisation of the company law. Already shown on the ground of the relations between shareholders, this tendency exists in comparison with the situation of the leaders of limited companies. The latter are indeed brought to conclude a certain number of contracts with the company or thirds, but also to profit from certain agreements concluded between the company and from the thirds, of which the number and the importance make it possible to show the existence from a true conventional statute from the leaders of limited comapny. Even within the form of the most institutionalized member, the development of this statute seems to receive the favour of our right. .
Jouan, De Kervenoael Alix. "SARL et liberté statutaire." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV093.
Full textIf the French SARL (limited liability company) is governed by a precise legal framework,their users benefit from appreciable areas of freedom to adapt them to specific needs. The purpose ofthis thesis is to investigate two main aspects of the statutory freedom granted to SARL: the way thiscompany can be funded and how powers are organised. Firstly, if the legislator has facilitated thecreation of SARL by reducing the financial constraint of a minimum legal share capital for a decadenow, this statutory freedom can weaken the financial basis of companies leading them to undercapitalization.In case of a share capital fixed at a nominal value, the assets can be regarded asinsufficient and the constituent elements of the partnership agreement can be questioned. The mainconsequences of this situation are possible recourse against partners and managers in terms ofresponsibility, additional guaranties demanded by the banks on their personal assets to cover company’sloans. These corporate risks finally put the SARL in contradiction with their objects. Besides, if thelegislator allows issuance of bonds and sweat equity, these legal instruments are insufficient to increasecompanies’ financial bases. Hence, couldn't specific funding methods be introduced on the basis ofstatutory freedom? Secondly, as the legal framework grants to SARL’s managers a large representationpower, statutory freedom allows to limit it and to place managers under the control of the partners. Butthis organisational freedom is itself limited by the fact that it is not enforceable against third-parties. Asa whole, if the legal system governing the SARL offers real opportunities in order to improve the rulesof organization and management, the intervention of the legislator would be appropriate in order tosolve statutory freedom’s shortcomings
Befre, Pierre. "La liberté d'expression des salariés." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020066.
Full textThe employee status and freedom of expression : the contradiction appears to be irreducible. The subordination, which is inherent to the employment relationship, seems indeed to exclude the exercice of such freedom. The employee, because he remains a citizen, must however enjoy it in an effective way. The elected and designated representative, because the collective representation mecanism commands it, must enjoy it as well. Granting the employee with such freedom may prove dangerous for the authority of the employer and the survival of the company. Vague notions, that are hard to define, such as the duty of confidentiality or the abuse of right, authorize the employer to restrict the exercice of this freedom by his employee and to sanction him. Given the legislative mutism and the judge's indecision, insecurity is prevailing. It therefore becomes essential to draw a more precise definition and a more coherent articulation of the rules legitimating the exercise of this freedom by the employee, as well as its limitation by the employer. Althought it is jeopardous, this search for balance deserves to be attempted, so that it is revealed that such freedom is essential to the world of work. The employee status and freedom of expression : the contradiction will eventually reveal to be only apparent
Viprey, Robert. "Les droits des élèves dans l'enseignement primaire et secondaire en France." Grenoble 2, 1995. http://www.theses.fr/1995GRE21021.
Full textThis book tries to outline the specificity of teaching's freedom in first grade and secondary school which, being directed toward minors, will be applied through the parents. It is shown in opposition the benefits that the students have the right to expect ant the ways they have to fight against the administration, knowing that this one has a straig coercive power. In addition, the difference is made between what the student will have to know within the scolar community, for exemple the rights for the present time, and what he will most likely look for in the teaching that he receives, wich is to sow the rights to the futures