Dissertations / Theses on the topic 'Loi étrangère'
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Solenik, Daria. "La loi étrangère dans le contentieux judiciaire européen." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0392.
Full textThe European Union law and the European judicial area open a new and perfectlymodern perspective on application of foreign law in the national legal order.By stimulating free movement of persons, goods, services and capitals, the EU lawmultiplies the occasions for international litigation potentially governed by foreign law. As a supranational legal order, the EU law primes over the national legal systems and may thus exercise a tangible influence on the way the national authorities treat foreign law in crossborder proceedings. The particular nature of the EU law gives rise to the following question: May the influence of the EU law on private international law go beyond the conflict-of-law rules and affect the law applicable according to them? The present analysis shows that this question has recently acquired a great significance for the European institutions, since the adoption of EU conflict of law rules (i.e. Rome I, Rome II and Rome III Regulations, proposal for Rome IV Regulation, etc.). In order to ensure fair functioning of such regulations and guarantee the free movement principle, it appears necessary to conceive a common approach to application of foreign law in Europe.The present analysis assesses the EU law's potential to harmonize or to unify thejudicial treatment of foreign law within the Member States. To that effect, it combines thestudy of the national law of each of the 27 Member States with a supranational analysis of the foreign law theory. Within the national perspective (Part I), the study starts with a research of the theoretical foundations of treatment of foreign law in the different legal cultures in Europe. The quest for the underlying theoretical principles helps to better understand the empirical and practical reasons for the "optional" (soft-law-like) treatment of foreign law in many European jurisdictions. The analysis of the status granted to foreign law in each of the Member States is completed with considerations for the unified procedural treatment of such law within the European judicial area. In the end, the continuous crossing of the national and the supranational perspectives leads the author to conclude on the necessity and the feasibility of a "uniform legal regime of foreign law for the European Union". The perspective of "communitarization" of foreign law gives a new, supranational dimension to formerly classic issues related to the subject (i.e. the duty of ascertainment of foreign law, the distribution of 5 roles between the parties and the judge to that effect, "proof" of foreign law by the parties, legal remedies to failure to ascertain the applicable law or to errors committed while applying it). Within the supranational perspective (Part II), the research explores the opportunity, the possibility and the feasibility of a "uniform regime of foreign law treatment" in Europe. It proposes a draft of such a regime, on the basis of the existing EU legal provisions and most commonly shared principles of national law. The content of the draft is based on the principle of free movement of persons. The analysis shows that this core principle provides a solidjustification for making application of foreign law in the EU optional and utterly dependenton the will of the parties. Accordingly, foreign law shall only be applied, if it corresponds to the parties? uncontested interests and if it does not hinder their cross-border activity. The supranational perspective on the subject is thus used to demonstrate that application of foreign law in Europe suffers a progressive loss of social value. Hence, the "communitarization" of foreign law legal regime allows to imagine the future of the European cross-border justice as foreign-law-free
Mélin, François. "La connaissance de la loi étrangère par les juges du fond : recherches sur l'infériorité de la loi étrangère dans le procès civil." Reims, 2000. http://www.theses.fr/2000REIMD005.
Full textBuruianã, Monica-Elena. "L'application de la loi étrangère en droit international privé." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0067/document.
Full textThe national or the European private international law is taking into a particular accountthe foreign legal systems. The foreign law application is an expression of the attention given to the foreignlegal systems, but applying a law that belongs to a different legal system than the legal system of the forumcountry may provoke a defence reaction caused by the existing differences between the legal systemsinvolved. The foreign law application is therefore confronted to different obstacles that tend to ensure aprimary application of the lex fori. First, the techniques used by the legal system of the forum country toapply the foreign law are not entirely favourable to this kind of application, as evidenced by the recurrentintervention of the international public policy. Furthermore, there are elements that are exogenous to thelegal system of the forum country, such as different understandings of the same legal institution that canobstruct the foreign law application. There is thus a gap between the theory of the private internationalrules, which would appeal a frequent application of the foreign law, and the use that is made of them by theauthorities of the forum country, which often leads to the neutralization of the foreign law. This studydefends a better compliance to the theory of private international law, which would promote the applicationof the foreign law. In this perspective, the private international law of the European Union provides animportant source of « savoir-faire » as it promotes the application of a foreign law belonging to anotherMember States
Safiyeh, Ghiass. "Les modalités d'application de la loi étrangère en droit international privé français." Nice, 1993. http://www.theses.fr/1993NICE0009.
Full textBostanji, Sami. "L'évolution du traitement reservé à la loi étrangère en matière de statut personnel." Dijon, 2000. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/291db5cb-749a-4afa-b466-f70f67c23b33.
Full textFohrer-Dedeurwaerder, Estelle. "La prise en considération des normes étrangères." Paris 2, 2004. http://www.theses.fr/2004PA020080.
Full textTaking into consideration is a judicial technique inherent in, even though not exclusive to, Private International Law. It goes a long way towards introducing material justice within Conflict of Laws, which one may call a "blind" science. Foreign norms are not ever taken as such in the judicial order of the forum. The latter sometimes actually prefers to take into consideration the foreign rule rather than to apply it. In order to do so, the judge integrates that norm into the presupposition of the rule, which he decided to apply (so as to obtain the issue's solution). The same process goes for foreign decisions (judgements, public or almost public acts, and so on). Indeed, all these decisions don't always benefit of the recognition's regime, either because their object relates to foreign Sovereignty or because they do not satisfy all the conditions for them to be recognized. The judge may, in this case, follow the regime of foreign rules and consult them as a factual datum. They will then act as a "condition-datum", an "information-datum" or - as labelled by American doctrine- a "local-datum". Described in these terms, the taking into consideration technique finds a fertile ground in the Public Law's field. Private Law's one is not less wealthy, even if it is the subject matter of Private International Law's methods. In any case the singular function of the norm token into consideration in the judicial syllogism explains the particularity of its procedural regime. The question of its conformity to the international public order also finds a logic answer under this analysis
Porcheron, Delphine. "La règle de l'accessoire et les conflits de lois en droit international privé." Strasbourg, 2009. http://www.theses.fr/2009STRA4005.
Full textThe « accessorium sequitur principale » maxim, as a general principle, is applied in different categories of rights and in different legal systems. However, its application is not homogeneous. Indeed, this maxim only means that the accessory may follow the principal. So, it can not be considered as a specific rule of conflict of laws. But, in order to respect the logical relation between the accessory and the principal element, the maxim could be used as a technique to deal with interference problems between those two elements. The application of the “accessorium sequitur principale” maxim could allow the respect of coherence among the legal rules of the legal systems. As an instrument to avoid the application of several laws to one complex situation, the “accessory rule” can be taken into consideration when the conflict of laws rule is construed or, if not at this stage, when the lex causae is applied
Kerbrat, Yann. "L'applicabilité extraterritoriale des règles internes relatives à l'activité internationale des entreprises : étude de droit international public." Paris 2, 2001. http://www.theses.fr/2001PA020057.
Full textMehdi-Ayoub, Pfaff Françoise. "La répudiation en droit international privé français." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30008.
Full textIn some confessional laws, the marriage could be dissolved unilaterally and discretionarily by the husband. However, this cannot be done in France since the principle of laicity and the French judicial courts monopoly in this matter. Moreover, the french law doesn't foresee this dissolution's mode and the possible applicable of foreign law will be turned down in the name of public order. But if repudiation was pronounced in a foreign country, it will be able to produce some effects in France at the condition of satisfying the international regularity control of the foreign judgements. The conditions of this control relating to the competence of the foreign authority and to the applied law are easily satisfied. But, those related to the fraud absence and the repudiation conformity to the public order play an important role in the acceptance refusal of this institution. The unequal marital character of this institution goes against the equality european principle between spouses formulated in article 5 of the protocol n° 7 of the European convention of human rights integrated by jurisprudence within the international public order
Paradelle, Muriel. "Des usages d'un répertoire normatif en politique étrangère : la place et le rôle de la sharî'a islamique dans la pratique internationale des états musulmans." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32024.
Full textAnalysis of the muslim states' international practice, mainly the practice of egypt, saudi arabia, iran, soudan, libya and pakistan, through the study of uses they make of the islamic law in the definition of their diplomacy. This study starts from a main question : do those states adopt a specific behaviour on the international scene because they share one same reference : islam, its law, culture and religion. Does an islamic diplomacy exist, which would be different from the other foreign policies with specific aims ? Through the political science and sociology of law theories, we would like to show the role and place of the islamic shari'a in the definition of a foreign policy
Zhao, Yi. "La loi de police en droit international privé français et chinois." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0001.
Full textThe overriding mandatory provisions in Chinese private international law is imported and its legislative definition is incorporated by the European one. Although the French definition of overriding mandatory provisions and the Chinese definition are not textually identical, it seems to us that the notion of overriding mandatory provisions does not change depending on whether it is French law or Chinese law. However, having been provided for by Chinese positive law only since 2011, the overriding mandatory provisions mechanism is relatively young, not only with regard to this mechanism itself but also to its relations with other mechanisms of private international law having links with it, such as the international public policy exception. We will seek French experiences in this area and study the French and Chinese notion of overriding mandatory provisions, other mechanisms of private international law in connection with them and their illustrations in case law. Despite the criticisms, the immediate and mandatory application is always the most important character of the overriding mandatory provisions of the forum in the direct instance, but this is not the case for foreign overriding mandatory provisions or for the indirect instance. According to French and Chinese case law, the non-respect by the foreign judge or by an arbitral tribunal of the overriding mandatory provisions of the requested state does not automatically result in the refusal of recognition or enforcement. Regarding the foreign overriding mandatory provisions, the Chinese legislative text is silent, but this does not mean that their application or take into consideration is prohibited in Chinese law
Carlier, Peggy. "L'UTILISATION DE LA LEX FORI DANS LA RÉSOLUTION DES CONFLITS DE LOIS." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00287077.
Full textPrenant acte de ce constat, qu'il fonde sur des considérations sociologiques (ethnocentrisme) et pragmatiques (bonne administration de la justice), l'auteur entend réhabiliter la loi du for. Sans aller jusqu'à un legeforismo, dont la traduction pratique serait l'application systématique de la lex fori, un équilibre réaliste est proposé à partir d'un rapprochement des critères de rattachement et des chefs de compétence. Le vade-mecum de ce rapprochement offre alors les clés de la complémentarité qui doit exister entre la lex fori et la loi étrangère.
Omar, Adnan Al. "L'impact de l'ordre public sur les procédures d'arbitrage dans les relations internationales privées : Etude comparée (France, Jordanie)." Montpellier 1, 2009. http://www.theses.fr/2009MON10007.
Full textSablé, Benoît. "L'étranger devant la loi pénale." Poitiers, 2005. http://www.theses.fr/2005POIT3011.
Full textA foreigner is characterized by features that distinguish him from the citizens of the country in which he happens to be staying. This is a banal statement but it leads the jurist, and in particular the specialist of penal law, to broach a difficult question : should penal laws take the status of "foreign" into account? Undeniably, penal law adapts its rules to the specific situation of the foreigner, thus breaking with the traditional principle which requires that the laws apply in the same way to each and every person present on the territory. However, although the penal law treats foreigners and citizens unequally, this inequality is not always disadvantageous to foreigners. In fact, the penal law pertaining to foreigners appears to aim at balancing and conciliating two opposite tendencies : on the one hand, the penal law is characterized by a mistrust of foreigners, while on the other hand it is concerned for their protection. This thesis studies the balance between these two tendencies
Kinsch, Patrick. "Le fait du prince étranger." Université Robert Schuman (Strasbourg) (1971-2008), 1992. http://www.theses.fr/1992STR30005.
Full textEven though they may not be selected as applicable law by the forum's rules relating to choice of law or recognized under its rules relating to the recognition of foreign decisions, certain foreign norms can - by virtue of their being treated as mandatorily applicable by the public authorities of the foreign state from which they emanate - have factual effects which the forum will have to take into consideration in evaluating the parties' conduct. The practice of the courts is to consider, where appropriate, the intervention of foreign public authorities in the performance of a - contractual or extracontractual - obligation as giving rise to an impossibility fo performance (or force majeure). -- from a methodological viewpoint, that method of taking foreign norms into consideration is clearly distinct from the application of choice-of-law or recognition-of-decisions rules. The reason behind it can be explained through the datum theory (b. Currie, a. Ehrenzweig). As a practical matter, the approach which consists in thus taking account of foreign mandatory rules of conduct - the courts' traditional approach in this specific field - may be deemed adequate, and its results can be compared favourably to those of two alternative methods: the act of state doctrine and the theory of unilateralist application of foreign mandatory laws (or sonderanknupfung)
Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.
Full textVulpillières, Camille de. "Les portes de la loi : souveraineté, droits de l'homme, hospitalité : quel(s) droit(s) pour les étrangers ?" Thesis, Paris 10, 2019. http://faraway.parisnanterre.fr/login?url=http://bdr.parisnanterre.fr/theses/intranet/2019/2019PA100137/2019PA100137.pdf.
Full textThis work aims at analysing how contemporary French and European migration law struggles to truly guarantee subjective rights to foreigners. This difficulty is reflected both in the legal dispositions themselves, through a restrictive legal regime, and in administrative practices, through their recurrent challenge to rights that are officially recognized. We assert that this phenomenon, by which migration law contradicts the norms of contemporary liberal democracies and the rule of law, is due the balancing between State sovereignty and individual rights of foreigners: preserving one therefore necessarily means weakening the other. In the first part, we conduct an empirical study of the texts and practices of migration law to show that it is structurally unbalanced in favour of State sovereignty. The second part intends to propose a way out of this antinomy to truly coordinate state sovereignty and the individual rights of foreigners, in the form of a principle of hospitality. We try to show that this principle derives from the implications of the modern notion of law and its claimed function of pacifying interactions. Our PhD thesis therefore engages in a dialogue between a diagnosis of the dysfunctions of an empirical field of law and a critical and normative approach based on the immanent logic of social practices
Combet, Laurence. "L'égalité entre nationaux et étrangers en droit public français." Dijon, 2005. http://www.theses.fr/2005DIJOD008.
Full textNatale, Virginie. "Le droit des étrangers à l'égalité et le juge dans les systèmes de common law." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32049.
Full textThe recognition of foreigners as legal persons has been developing since the XIXth century. Indeed, the British judges affirmed from 1803 that the foreigners had to be beneficiaries of rights and more particularly the right to equality. The praetorian creation of this right is also found in other countries composing the system of common law, in the American case law and, later, in the Canadian and Australian case law. The protection of such a right allowed the non-national to also have access to other rights and freedoms, which may vary according to their status. However, the right to equality of foreigners must be reconciled with the respect for the sovereign prerogatives of the State, which apply in the definition of its policy of immigration but also with the respect of rights which must be protected to the foreigners presents on the territory. Nevertheless, since the attacks of September 2001, the enforcement of the policies against international terrorism required a redefining of the sovereign power of the State, of the foreigners’ rights and of the place of the judge in the protection of these rights and, particularly, the right to equality of foreigners
Delpech, Florence. "Le rôle de la règle de conflit de lois dans l'efficacité des décisions étrangères." Paris 1, 1999. http://www.theses.fr/1999PA010259.
Full textTsigara, Panagiota [Verfasser], and Christine [Akademischer Betreuer] Michler. "«État des lieux de l’apprentissage des langues étrangères en ligne focalisé sur le français langue étrangère et la didactique des langues dans l’univers virtuel – approche critique : atouts, limites et suggestions pour aller plus loin» / Panagiota Tsigara. Betreuer: Christine Michler." Bamberg : Otto-Friedrich-Universität Bamberg, 2015. http://d-nb.info/1082536415/34.
Full textRibert, Evelyne. "L'attitude des jeunes étrangers face au choix d'une nationalité sous la loi du 22 juillet 1993 : identités, mémoire et appartenances." Paris, EHESS, 2000. http://www.theses.fr/2000EHES0034.
Full textCandau, Valérie. "La compétence de la loi appliquée au fond dans le droit commun des conditions françaises de régularité internationale des jugements étrangers." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30007.
Full textThe common law of French conditions of international regularity of foreign judgements imposes that the foreign judge has regarded the rules of solution of the conflicts of the laws by the required judge. This condition is quasi-unanimously decried by the doctrine and remains isolated in compared law. The subject of this study is to propose a new system for controlling the competence of the applied law, less strict that the one which was established by “Munzer” Decree. So, after a critical presentation of the existing system of control, allowing us to prove that an evolution of that one is necessary, we propose a control founded on the effectiveness of the rules of solution of the conflicts of the laws by the required judge. This criterion, bound up with the compulsory force towards the judge of the rules of solution of the conflicts of the laws in direct action, gives its coherence again to the control. It also involves the alteration of some other conditions of international regularity
Bendelac, Esther. "Le transfert de bien au décès autrement que par succession en droit international privé." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020069.
Full textEstate Planning institutions, from english and american laws, allow an individual to transfer property at death to a beneficiary previously designated by him, other than by succession. It became necessary to analyse these mechanisms in their original context so as to implement the teleological-functional qualification. This one failed to assimilate anglo-american and french laws institutions. Therefore, they are exorbitant institutions. Following this demonstration, we had to identify the law that is applicable to them. This is the reason why the contemporary doctrinal propositions were tested. Due to the specificities of the Estate Planning institutions –the right of survivorship, the life interest, and bypass the probate process, the implementation of the current rules of conflict of laws is irrelevant. The only way that could be further explored to accommodate these institutions with the french legal system was the international private law empowered the domestic law. In order to verify the relevance of the development of an autonomous category and its connecting factor, it was necessary to consider the mandatory rules and the content of the international public order. None of these methods, neither alternative nor corrective, constitute an obstacle for our proposed specific rule on conflict of laws to the Estate Planning institutions
Fages, Fabrice. "Théorie de l'équivalence et conflits de lois." Paris 1, 2013. http://www.theses.fr/2013PA010256.
Full textThe equivalence theory was initially used under French private international law in the form of an exception that justified setting aside the conflict of law rules: first to promote the recognition of foreign judgments and subsequently to avoid what was perceived as unnecessary, the questioning of a French decision that did not respect the conflict of laws rules. The study of the equivalence theory before arbitrators and certain foreign and French judges made it equally apparent that alongside the equivalence exception, the manifestation of a principle of equivalence appeared this time, not as a fix to the conflict of laws rules, but like a participant in the definition of the conflict of laws, thereby distinguishing between real and false conflicts and proposing a way to settle relevant situations of false conflicts. The objective of this study is to expose the different manifestations of the equivalence theory and to describe as precisely as possible the ways in which the equivalence theory is used for a better coordination of the various legal systems
Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Electronic Thesis or Diss., Lille 2, 2012. http://www.theses.fr/2012LIL20002.
Full textThe French system of Private International Law of Contract is highly developed, evidenced by a rich jurisprudence and doctrinal system. One of the leaders in the field, many of their legal concepts were widely accepted and adopted by other legal systems, first by European countries and then worldwide. However, because of their complementary and intertwined nature for each other, the French legal system cannot be studied apart from the European system. For this reason, this study covers not only an in depth examination of French Private International Law but also a general look at European Private International Law. The Thai system of Private International Law of Contracts, in comparison, is developing and needs significant legal reform, as soon as possible, in order to cooperate with other contracting States in ASEAN. Thus, this comparative study responds to the needs, and shows how to correctly apply the conflict of laws’ rules, including their exceptions, which could solve many problems occurring in the Thai legal system. Therefore questions on the applicable laws of contract and the settlement of disputes which derive from international contract law are objects of this study
Rémy, Benjamin. "Exception d'ordre public et mécanisme des lois de police en droit international privé." Paris 1, 2006. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D8.
Full textPitton, Marie-Camille. "Le rôle du jugement étranger dans l'interprétation du droit conventionnel uniforme." Paris 1, 2007. http://www.theses.fr/2007PA010292.
Full textMoissinac, Massénat Véronique. "Les conflits de procédures et de décisions en droit international privé." Paris 1, 2002. http://www.theses.fr/2002PA010313.
Full textFinance, Olivier. "Les villes françaises investies par les firmes transnationales étrangères : des réseaux d'entreprises aux établissements localisés." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01H047/document.
Full textTransnational corporations, which are amongst the major players in the contemporary global economy, integrate and exclude territories at various scales, due to their specific location strategies. These inequalities are well known at an international scale, yet the knowledge of this diverse integration is much more limited regarding urban levels, although cities and metropolises are considered as being the major nodes of the globalized networks. France and the OECD countries certainly appear in central positions in the networks that characterize these corporations, but observations made at the urban level remain very partial due to the lack of localized data. This thesis suggests to both approach and localize conventional data about Foreign Direct Investment (FDI) in the French case by mobilizing data about financial links connecting economic units. The detailed breakdown of transnational corporations affiliation networks has been conducted up to the level of the establishments, which are the real individual economic and geographic cells of these transnational networks. An original database about localized inward FDI stocks has been built and explored to appreciate how far foreign transnational corporations integrate the 355 main cities into the French urban system. These data revealed the diverse integration of French cities, between dependence and attractiveness for the investors. The mobilization of scaling laws, which constituted a major analytical tool in this work, allowed us to identify the major factors explaining the diverse integration of French cities into the whole system of cities, reflected both by inequalities of hierarchical and regional order
Rubiano, Espindola Luz. "Étude de la régularisation et de l'intégration professionnelle des médecins à diplôme extracommunautaire en France : analyse de la loi de 2006." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB060.
Full textThis study focuses on the analysis of the regularization and professional integration of non-European Union diploma doctors in France by the Exercise Authorization Procedure (EAP) from based on two legislations, the Universal Health Coverage (CMU) of 1999 and the Social Security Financing Act of 2006. The EAP is consists five consecutive stages, of which each needs to be accomplished successfully (1) registration; (2) passing the knowledge verification tests; (3) validation of hospital practices (4) favourable acknowledgment of the Exercise Authorization Board (EAB); (5) individual authorization to exercise, which allows the inscription to the departmental register of the medical association. Three lists, representing the different registration methods, were initially provided: The list A, intended for all doctors from all over the world who intend to practice medicine in France, which is subject to a competition, as the number of places and specialties are limited and fixed each year by ministerial decree. The professional integration of these practitioners promotes the enrichment of the profession by allowing the exchange of knowledge. The list B is reserved for doctors with refugee status, stateless person, beneficiary of territorial asylum, beneficiary of subsidiary protection and French nationals who have returned to the national territory at the request of the French authorities. This is an exam, so the number of places is not limited. In order to pass the exam, an average score of 10 out of 20 is required for all tests. The list C is a transitional provision, intended to take into account the particular situation of doctors practicing on French territory for several years under the status of associates or practicing internals. This is an exam open to all specialties. This list has been closed on December 31st in 2016 (the last session of the knowledge verification tests took place in 2016). As for the knowledge verification tests the success rates are higher in the list C than in the list A, which is expected given the fact that the list A is a competition, while the list C, is an exam. The following-up of the professional development of participants who successfully completed the knowledge verification tests in three specialties (general medicine, pediatrics and geriatrics), representing 45% of the total list A population and 36% of the list C workforce have shown very diverse career progression. Over the last ten years, in the specialty of general medicine, 78% of candidates of list A and C have obtained their individual exercise authorization; in geriatrics 90% of candidates in list A and 85% of list C and in paediatrics 85% of the candidates in list A and 92% of the list C. In regards to the sphere of exercise it is observed (in the two lists and in the three specialties) that the main practice takes place in hospitals. No doubt, the regularization of several thousand of doctors, especially within the last ten years, has helped to increase the number of doctors in France; between 2010 and 2017, whilst the number of doctors with a French diploma decreased (-8 259), but nevertheless this "loss" of professionals was offset by the contribution of doctors with community diploma (+ 1 615) as well as for those with extra-community diploma (+ 6,366). With regard to the regularization and professional integration of these doctors, for more than forty years there have always been two constant problems: the first concerns the management of the staff and the second is related to the discrepancy between what the laws say and what realistically is in place
Lecame, Juliette. "Santé et droit(s) des étrangers en France." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMC039.
Full textIn France there is a double movement, a permanent tension between the logic of foreigners' rights and that of human rights, which crystallizes on the health of non-nationals.Health is part of the special administrative police aiming at protecting the community from the risks induced by the arrival of sick foreigners. But there are other challenges besides the preservation of public health. The health of foreigners is used as a means of regulating migration flows and selecting individuals. However, the implementation of the so-called "chosen immigration" policy is governed by the fundamental rights gradually granted to foreigners.Health is also a right of foreigners residing in France to access the care necessary for their condition. This right is supported by the principles of equality and dignity, but also depends on their implementation by judges. The principle of equality thus leads to a categorisation of the right of access to healthcare according to the administrative situation of foreigners. This right also varies considerably and is sometimes limited to the sole benefit of vital and/or essential care. For migration but also financial considerations, judges choose to link it to the principle of dignity rather than to an autonomous right to health protection
Lossio-Baudin, de la Valette Claudia. "L'investissement direct étranger à Cuba : dynamiques de développement dans un système socialiste contraint de s'appuyer sur les lois du marché." Paris 2, 2004. http://www.theses.fr/2004PA020002.
Full textPellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers." Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.
Full textThe present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
Adel, Zaher Mina. "L'ordre public dans les relations privées internationales : l'exemple des contrats internationaux devant le juge étatique." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3057.
Full textThe freedom of choice is a principle referring to the freedom of the parties concerning the choice of the law ruling the international contract. However, this principle is limited by public policy, which reduce the extent of this freedom. In order to improve the application of these rules with a minimum of predictability, it is important to study in detail the origin and nature of the rules of public policy. A comparative study with Egyptian private international law is needed to take advantage from all current mechanisms. The current conceptual debate highlights the role of international cooperation, in addition to purely State interests, which will tend to create a new transnational, or even supranational, public policy
Stephan, Aurore. "La gestion pénale de l'étranger en droit international." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G031.
Full textAt first glance, international preparations regarding criminal matter don’t seem to establish predictions specific to foreign nationals. In fact, the principles of territoriality and nationality, both rendered systematically mandatory in international agreements in criminal matter, don’t make any mention of the status of foreigner, either in including it their scope of application (territoriality principle), or in leaving it out completely (passive personality principle). However, international law doesn’t show indifference towards accountability of offenses by foreign nationals committed abroad, whether it is for protecting national or international interests, with the goal of fair application of justice, or to fight against impunity. Furthermore, it admits that certain interactions may exist between the specific status of some foreign nationals and the processing of their implication in criminal procedure. Above all, international dispositions in criminal matter compel states increasingly to ensure actual equality between foreign nationals and nationals tried in criminal procedures. This equality comes through forecasting of positive duties at the responsibility of states on which persons are found, culprits and victims alike. If international instruments have been adopted specifically to foreign nationals so they can, in practice, enjoy the same rights as nationals, equality between persons tried in criminal procedures also results of jurisprudence from human rights bodies. The disappearance, under the influence of international law, of the distinction between foreign nationals and nationals in the implementation of procedural duties, also tends to end up in sentence enforcement. As a matter of fact, the nationality criterion, traditionally chosen in order to determine which state is best able to enforce a penalty, yields to the residence criterion. Based on the analysis of links of individuals to a state, this criterion is independent of the nationality of the persons involved
Mohamed, Hanene. "Étude Probabiliste d'Algorithmes en Arbre." Phd thesis, Université Pierre et Marie Curie - Paris VI, 2007. http://tel.archives-ouvertes.fr/tel-00270742.
Full textFilion, Michel. "Le problème de l'américanisation [de] la radiodiffusion québécoise depuis ses origines jusqu'à la réglementation du contenu canadien (1922-1959)." Doctoral thesis, Université Laval, 1992. http://hdl.handle.net/20.500.11794/29163.
Full textArchinard-Greil, Bérengère. "Lois de police et conflits de juridictions. (Essai sur la coordination des systèmes à l'aide de la notion d'ordre juridique prépondérant)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3036/document.
Full textIn times of mandatory provisions becoming more and more prevalent, based on conflict of law, the concept of mandatory enforcement appears to be somehow diluted regarding the liberal solutions found in conflicts of jurisdictions. In positive law, mandatory rules do not prevent the enforcement of a forum clause, no more than they are considered during the enforcement stage of decisions. While the application of these rules before foreign courts and arbitrators is very uncertain and does not raise obstacles to the recognition of foreign judgments or arbitral judgment which overlook them, choice of forum clauses has become an instrument of forum shopping in order to avoid mandatory regulations. This solution paradoxically induces a search for a solution to restore there international imperativity. This result has appeared as a consequence of the principle of separation of conflicts of law and conflicts of jurisdictions. That observation leads to ask questions about the possibility of an exemption to this general principle. Indeed, this encourages to consider the possibility to admit a correlation between forum and jus in order to establish imperative and exclusive competence, based on the applicability of such mandatory rules. This forum legis would require to maintain the litigation in its courts and could ensure their application in international relations. However, unilateralism that governs rules of judicial competence should involve the establishment of a mechanism of different legal systems coordination. Depending on the type of mandatory rules concerned, it could be based on an adapted form of forum non conveniens, on international judicial Co-operation processes, or be inspired by the method of reference to the competent legal order envisaged by P. Picone. The deployment of these solutions could be based on using preponderant state notion, that would be the one with the most widely public policy involved. It would lead to the recognition of the strong vocation of it to assert its views for the resolution of a dispute and would justify both the priority jurisdiction of its courts and circumspection of the other jurisdictional authorities to exercise their competence. Such a solution, tightly defined and justified in view of the importance of the interests involved, would provide a satisfactory solution to both harmoniously articulate the pursuit of liberal politics required in conflicts of jurisdictions with respect of public policy, and reconcile the protection of imperativities with the coordination of legal systems
Kalaani, Adrian. "La fusion de sociétés en droit interne et international : contribution à la notion de "contrat-organisation"." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020054.
Full textThe merger is an operation whereby one or several companies transfer all their assets, after their dissolution without going into liquidation, to an existing or new company in exchange for the issue of shares to their shareholders. This definition adopted by European and French legislators brings out the merger’s main effects without revealing its legal nature. Both doctrine and jurisprudence have struggled to clear up the confusion. The concept of “contrat-organisation” seems to be the most suitable in order to seize properly the merger’s legal nature. The merger is a “contrat-organisation” that leads to join the merging companies’ assets and members in an existing or new company. Therefore, the operation cannot be reduced to a simple exchange of assets and values between parties. On the contrary, the gathering of the contracting companies in a single entity will establish a rule of cooperation between them in a way that they will make profits or loose jointly. The transposition of the same legal characterization in the private international law requires a distributive application of the lex contractus and the lex societatis to be able to choose the applicable law to the merger. Applying the merger’s own specific lex contractus will help address the insufficiencies of the classical conflict of laws’ method solely based on the division of laws applicable to the merging companies
Reeb, Sonia. "La réception du concept de nationalité des sociétés par le juge fiscal français." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020070.
Full textThe concept of nationality of companies, which expresses the political connection between a given company and a State, has long been impossible to define as French judges would resort to different criteria depending on each case. The courts would also frequently mix up the concept of nationality with the notion of « lex societatis », thus creating additionnal confusion. Lastly a 1990 tax case Roval led French Civil Supreme Court to hold that the nationality of a company derives from the location of its effective seat of management. This definition is not totally satisfactory though. It derives from a misinterpretation of the non-discrimination treaty provision applicable to the case, which conveys to this clause a much broader scope than was initially intended by the drafters of the OECD Model convention and indirectly weakens French domestic rules that discriminate among companies depending on their tax residence. The Roval case should be reconsidered in light of the treaty definition of « nationals », which refers to the law of incorporation of the companies. Outside of a tax treaty context, the reference to the effective seat of management concept sounds more suitable. French administrative Supreme Court clarified that such a seat would be where strategic decisions necessary for the conduct of the enterprise’s business are in substance made by the most senior managers. In practise, determining the location of that seat may prove to be quite difficult for certain multinational entities
Berté, Pierre. "Genèse du Code de la Nationalité Française : (1789-1927)." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40037/document.
Full textThe purpose of this study is to explain, through the evolution of French Nationality rules, theorigins and the meanings of the 10 august 1927 Law. This law was the first legal text to beseen as a nationality code. We set out how and why the usual requirements of nationality havebeen progressively modified since 1789 to 1927, not only under the influence of historicalevents, but also in relation with legal effects expected (rights and obligations) by the FrenchNation. Following this evolution, we pay a particular attention to several parts of the Frenchlaw (private, public, penal, international or procedural) and special rules (treaties, conventions,colonial law) linked to nationality. Since the restructuration of its heart until the making of acode, we examine the evolution of the legal corpus. In 1927, at the end of the general process,a legal and autonomous subject appears: even if it is not yet entirely identified, codified andharmonised in all its parts, it can take place out of the French Civil Code
Adouko, Anoh Bernard. "Le droit uniforme africain et le droit international privé." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40051/document.
Full textEither uniform law is seen from the point of view of the private international law or either one assesses the impact of the communal vision of uniform law on the evolution of private international law of member states, the interactions between African uniform law and private international law can all be summed up as follows. A mere unification of laws between some states is not enough to eliminate or solve conflicts of laws and all the difficulties brought about by foreign origin element, such as jurisdiction disputes, foreigners legal status,… The reasons of this situation are that the unification of law (content and procedure rules) has never been total because some indomitable points may prove to be insurmountable at the level of the drafting of uniform rules, but also because the unification of laws can deteriorate further on during its implementation due to various factors. Therefore, the supranational lawmakers have often had to back up the uniform content rules with the uniform rules of private international laws. This leads, in the African uniform law to the emergence of a private international law with a communal origin. The private international law deriving from African uniform law will also be specific in its conception, its methods, its tools or instrument, even if to some extent, it shows some classicism. This is because the private international law deriving from the African uniform law has been fathered by a law which is specific in itself because it stands between international and home law, between public and private law. Its advent has upset the basics of the international home law of member states but also the basics of the private international law itself. However, this private international law which is still in its gestation period still has some weaknesses in its instruments and rules and must necessarily lean on that of member states as it is a vital necessity
Mebarek, Charlotte. "Le droit international privé à l'épreuve du forum shopping et du law shopping." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR069.
Full textThe world division into sovereign states encourages persons answerable to the law to usestrategies as they seek to benefit from legislations consistent with their aspirations. These practices are called forum shopping and law shopping. Subjects of law are therefore compared to consumers when the law is reduced to a simple product « marketed » by different national legal orders. These practices take root in the ever growing space the subject of law is given, considering how much mobile they are becoming along with globalization. Consequently,national legal orders are competing against each other with the risk of seeing their most imperative legislation being ousted. Furthermore, world trade of justice fosters the most dishonest maneuvers. Meanwhile, these practices aren’t subjected to any specific regulation. Private international law must find the solutions that would allow control over exercising forum shopping and law shopping in order to reform international litigation and preserve state interests
Roumier, Julia. "Les représentations de l'étranger dans les récits de voyages hispaniques à la fin du Moyen Âge : à la confluence de l'imaginaire, de l'érudition et de l'expérience (XIVe-XVe siècles)." Bordeaux 3, 2011. http://www.theses.fr/2011BOR30061.
Full textBouderhem, Rabaï. "La nationalité des sociétés en droit français." Phd thesis, Université de Bourgogne, 2012. http://tel.archives-ouvertes.fr/tel-00960318.
Full textBinet, Éric. "Psychopathologie du trauma et syndrome de Münchhausen par procuration : de la notion de clivage à celle de dissociation, de l’approche psychanalytique aux psychothérapies EMDR et ICV Un cas de maltraitance étrange : cyanose d’origine exogène d’un orteil chez un bébé de 13 mois et deuil pathologique au cours de la petite enfance Les pleurs de la petite enfance : une question d’attachement 1/2 Les pleurs de la petite enfance : une question d’attachement 2/2 Difficultés rencontrées dans les prises en charge thérapeutiques et/ou sociales de situations familiales caractérisées par un Syndrome de Münchhausen Par Procuration. Syndrome de Munchausen Par Procuration (SMPP) en périnatalité Recourir à la loi dans les cas de syndrome de Münchhausen par procuration : une solution face à des parents à l’abri de tout soupçon Le syndrome de Münchhausen, une maltraitance par excès de soins Le syndrome de Münchhausen par procuration : une nouvelle forme de dysparentalité transgénérationnelle Le syndrome de Münchhausen Par Procuration : mères et médecins au-dessus de tout soupçon Le syndrome de Münchhausen Par Procuration, Essai de compréhension psychologique Syndrome de Munchausen Par Procuration (SMPP) et EMDR (chapitre 41) Qu’est-ce que l’Intégration du Cycle de la Vie ? Principaux protocoles en ICV Intérêt et limites de l’Intégration du Cycle de la Vie (Lifespan Integration) auprès d’adultes victimes du Syndrome de Munchausen Par Procuration pendant leur enfance Spécificités du thérapeute ICV Aménagements de processus défensifs et mobilisation des affects en crèche, étude clinique et analyse psychodynamique Le syndrome de Münchhausen L’accompagnement du deuil du conjoint chez le sujet âgé par l’Intégration du Cycle de la Vie." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0332.
Full textThis thesis based on previous publications retraces clinical interventions and brings together written materials (15 articles, monographs and a book) spanning a period of 20 years on a form of intrafamilial abuse exploiting the medical field: the Munchausen Syndrome by proxy.Since our first encounter with a case of MSbP in 1996, we have learned to think about early childhood trauma using different psychopathological models and distinct clinical approaches (psychodynamic, EMDR, Lifespan Integration) in search of a fertile dialectisation and, over time, have committed to a trans- and inter-disciplinary perspective based on psychodynamic, cognitive and neurophysiological hypotheses to understand traumatic phenomena. From there interest in studying the line of thought involving epistemological fields assumed at first glance to be opposites reflects an evolution of clinical practice in describing how patients – authors or victims of MSbP have benefited from this dynamic. Composed of three parts, the first part of this thesis is devoted to a general presentation of the psychopathology of trauma and early distress taking into consideration the conceptual developments treated throughout our writings. The second part, centered on MSbP focuses on its semiology and etiology, medical and psychopathological terminology as well as the multidimensional interventions necessary for its treatment. The third part is dedicated to different psychotherapeutic approaches that we have used in treating patients, adults or children involved with MSbP. This last part gives rise to an understanding of how the concepts of splitting and dissociation can be revisited and integrated into a neuropsychological developmental perspective. Characterized by an epistemological framework based on a theoretic and therapeutic pluralism, this experience is shared with the desire of encouraging a psychopathological approach including complementarity, intersubjectivity and phenomenology
Arvisais, Alexandra. "Le corps fantomatique dans Le Ravissement de Lol V. Stein de Marguerite Duras et La Maison étrangère d'Élise Turcotte." Thèse, 2012. http://hdl.handle.net/1866/8809.
Full textThe 1970s have seen the body become a stronghold of identity and offer a new language for the theorization of women’s writing. Since then, representations of the body, especially of the female body, have taken over the novel. In that perspective, this dissertation studies the ghostly body of two heroines in Le Ravissement de Lol V. Stein by Marguerite Duras and La Maison étrangère by Élise Turcotte. Their bodies are marked by absence, eeriness, tiredness and wandering, unable to fully exist within a world that has lost its bearings following a “traumatic event” for Lol and the end of a relationship for Élisabeth. The protagonists suffer from an eerie sensation that essentially “spectralises” the body by revealing a gap in their relationship to themselves as well as to others. This sensation is caused in part by a failing memory which breaks up their sense of self. Trying to work through these memory faults, both Lol and Élisabeth aspire to solve the dread of their personal and familial history which seems to be at the root of their ghostly, uncomfortable grasp on their own body. The text echoes back to the spectral corporeality – staged by different representations of the dematerialized body – through « blanks » left within the writing. The process by which the bodies seem to vanish or disappear can be closely associated with a particular spacio-temporality, itself tainted by a haunting past. Spectrality occurs, in women’s contemporary fiction, to express an identity compromised by the ending of a relationship ; this particular event becomes the pretext for a reflection about how one inhabits not only their body, but also the world it binds them to.
St-Amour-Blais, Josette. "Intégrer les études d'impact des droits de la personne au processus législatif canadien : une étude de cas sur des changements apportés à la loi sur l'immigration et la protection des réfugiés concernant les étrangers désignés et les pays d'origine désignés." Thèse, 2015. http://hdl.handle.net/1866/12528.
Full textOn the 28th of June 2012, the Parliament of Canada adopted modifications to the Immigration and Refugee Protection Act (IRPA), introducing important changes in the way claims for refugee protection from inside Canada are treated. These modifications bring about new concepts in Canadian law. The first is the notion of “designated countries of origin”. By ministerial Decree, the Minister of Citizenship and Immigration designates countries that do not usually produce refugees. Asylum seekers from these countries will face some important changes in the treatment of their application. The second one is the status of “designated foreign national”; it gives the Minister of Public Safety and Emergency Preparedness the authority to designate as irregular the arrival of migrants who are not in possession of regulatory documentation. This designation leads to mandatory detention. The designated foreign nationals will also face specific treatment. These dispositions raise questions about their validity with respect to the Canadian Charter of Rights and Freedoms. As a first step, the object of this master’s thesis is to show that there is an information gap in the Canadian legislative process. A majority government is able to pass into law any of its own bills as it controls both the Executive and the Legislature. The government is not bound to inform adequately the opposition parties nor the electors about the risks of any bill. In our opinion, this is an obvious gap since some bills are adopted without the government having to provide justifications, even if they run the risk of being in violation of the Constitution and more particularly of the Canadian Charter of Rights and Freedom. This thesis explores the idea of using Human Rights Impact assessments (HRIA): an analysis model evaluating the impact of laws, regulations and public policies on human rights. The cases of France, Great Britain and the European Commission are used in this analysis. Finally, this thesis analyzed “designated country of origin” and “designated foreign national” dispositions of the IRPA in regard to the Canadian Charter and international law. We conclude that if these dispositions had been analyzed using a HRIA prior to their adoption, the Parliament and Canadians would have been informed about the risk of violation of the concerned asylum seekers’ fundamental rights.