Dissertations / Theses on the topic 'Mesures provisoires'
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Bonis-Garçon, Évelyne. "Les décisions provisoires en procédure pénale." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40055.
Full textBahmaei, Mohammad-Ali Béguin Jacques. "L'intervention du juge étatique des mesures provisoires et conservatoires en présence d'une convention d'arbitrage : droits français, anglais et suisse /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38880785n.
Full textNioche, Marie. "La décision provisoire : nature juridique et régime dans l'espace judiciaire européen." Paris 1, 2007. http://www.theses.fr/2007PA010322.
Full textLe, Floch Guillaume. "L'urgence devant les juridictions internationales : contribution à l'affirmation des juridictions internationales en droit international." Paris 1, 2005. http://www.theses.fr/2005PA010307.
Full textChodkiewicz, Christine. "L'urgence en matière de conflits de juridictions." Paris 1, 2000. http://www.theses.fr/2000PA010325.
Full textLacassagne, Sabine. "Le contentieux provisoire international." Paris 10, 2003. http://www.theses.fr/2003PA100051.
Full textThe participation of international provisional litigation to make civil justice efficient suppose we should warrant the injunction of measures that would be not only appropriate but although efficient. This is possible if we first demonstrate the autonomy of the tribunal jurisdictional power from its administrative and procedural function. In that way, provisional measures can have international effects and could be submitted to the law determined by the law of conflict. It is although necessary to prevent the conflict of procedures and the conflict of competences that might appear. The discretionary power of the tribunal in provisional litigation - inspired from the british forum non conveniens - on the different conditions of provisional injunction will contribute to identify the "efficiently competent" tribunal
Mitidieri, Clélia. "Les mesures conservatoires dans le système de protection des droits de l'homme." Paris 1, 2009. http://www.theses.fr/2009PA010288.
Full textBoujeka, Augustin. "La provision : essai d'une théorie générale en droit français." Paris 10, 1999. http://www.theses.fr/1999PA100029.
Full textStrickler, Yves. "Le juge des référés, juge du provisoire." Phd thesis, Université Robert Schuman - Strasbourg III, 1993. http://tel.archives-ouvertes.fr/tel-00169851.
Full textDoucet, Christian. "Les mesures conservatoires et provisoires en droit de la concurrence : état du droit français et communautaire." Paris 10, 1990. http://www.theses.fr/1990PA100125.
Full textThis thesis try to explain the founding of immediate procedures in competitive law which give a large range of intervention to the judge without under evaluate the rights and interest on the both sides. The French summary procedure is malajusted, but the communauty summary procedure in front of the legal judge, is no much more adapted. We can find in communauty right a procedure that can fit the reality : the immediate procedure in front of the commission (the dgiv). The writer want to separate in on hand the measures of conservation in competitive law (which are tempory measures, linked to major procedure), from summary measures, unlinked, in the other hand. The last are not adapted for the emergency competitive situation
Lefeuvre, Claudie. "Le référé en droit des sociétés /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, Faculté de droit et science politique, 2006. http://catalogue.bnf.fr/ark:/12148/cb40151537n.
Full textChekroun, David. "L' imperium de l'arbitre." Paris 1, 2008. http://www.theses.fr/2008PA010276.
Full textBahmaei, Mohammad-Ali. "L'intervention du juge étatique des mesures provisoires et conservatoires en présence d'une convention d'arbitrage : droits français, anglais et suisse /." Paris : LGDJ, 2002. http://www.gbv.de/dms/sbb-berlin/354507907.pdf.
Full textIsbachian, Guylaine. "Le référé, un enjeu pour demain?" Nice, 2005. http://www.theses.fr/2005NICE0050.
Full textThe N. C. P. C. Considerably modified the legal landscape and balances of XIXth century and the beginning of the XXth century. Nowadays, each one agrees to recognize that the new provisions in force marked a decisive stage and carried out a colossal projection. The judge released himself. And one him commercial more certain capacities. Contradictory procedure, the summary procedure makes it possible to obtain from a single judge a fast decision encountering any serious dispute and justifying existence of a disagreement. The President can authorize measurements suitable to prevent an imminent damage or to put an end to an obviously illicit disorder. He has the possibility of pronouncing judgments with obligations and at the expense. In the field of the administrative dispute, this procedure developed tardily. And out of European matter, the summary procedure resembles the French internal procedure and the principle of the nonsuspensive effect of the recourse is corrected by faculty for the Community judge to authorize the deferment of the act. It is there the essential assumption of use of this summary procedure
Emara, Fehr Abdelazim. "L'arbitrage commercial international par rapport à la juridiction étatique en matière de mesures provisoires et conservatoires : étude analytique et comparative." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26639.
Full textSince the mid-twentieth century, the International Commercial Arbitration has achieved massive development and has gained significant importance in the world of international business transactions. It has effectively become the most acceptable, reliable and widely preferred jurisdiction for the settlement of international investment and trade disputes. However, for a long time, the failure of arbitration to properly deal with interim measures lead adversaries to avoid resorting to arbitral tribunals preferring the state courts when emergency measures were required. The main reason for this inadequacy was the lack of a comprehensive arbitral regime for governing the interim measures procedure, which in turn lead to a reduction in the effectiveness of international arbitration. This issue was recently addressed thanks to the major amendments to the UNCITRAL Model Law in 2006. This Model Law established a specialized regime to govern the arbitral proceedings for interim measures. More recently, a number of prominent international arbitration centers modified their rules to comprehensively deal with the issue of interim measures and to put it into practice. The introduction of this specialized arbitral regime calls for more effort to evaluate and compare its effectiveness to the juridical state system in dealing with the issue of interim measures. Therefore, the main objective of this doctoral thesis is to provide a thorough and analytical comparison of the two systems and to present a number of doctrinal and legislative proposals aimed at improving the recently introduced arbitral regime.
Chainais, Cécile. "La protection juridictionnelle provisoire dans le procès civil en droits français et italien." Paris 2, 2005. 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%3D43.
Full textPiasecki, Julien. "L'office du juge administratif des référés : Entre mutations et continuité jurisprudentielle." Phd thesis, Université du Sud Toulon Var, 2008. http://tel.archives-ouvertes.fr/tel-00370824.
Full textTran, Anh Tuan. "Les procédures rapides en droit français et vietnamien." Nice, 2007. http://www.theses.fr/2007NICE0020.
Full textTo reconcile at best necessities of simplification, fastness and security, an interim and unusually quick, simple and less costly jurisdiction, was created in Vietnamese right, which introduces similarities with French law. The Vietnamese editor of the plan of Code of civil procedure also envisaged a comparable simplified procedure in the procedures of injunction to pay and to make French law. However, the process of elaboration of this procedure met huge difficulties. This study is aimed not only at analysing similarities and peculiarities of quick procedures in the juridical system of each of the countries, but still to estimate effectiveness and guarantee of juridical security of the answerable in the legislation of every country and to search resolutions for the reform of Vietnamese civil procedure. In this mind, comparison hits of which manner on the mailmen of a real access to justice such as domain and the conditions of application, procedure simplification, then on the system of guarantee of the rights of the answerable such as impartiality and corporatism, the constitution of guarantees, the reasonable delay and l \'existence of pathes for appeal. ²
Payet, Stéphanie. "Le droit à une protection juridictionnelle effective en droit de l'Union Européenne." Thesis, La Réunion, 2012. http://www.theses.fr/2012LARE0006.
Full textThe principle of “Community of right”/”Union of right” established by the Court of justice of the European Union involves the existence of an effective judicial protection of the individual. That’s why the European law protects the “right to a judge” as a fundamental right, meaning essentially, the right for citizen subject to the European law to access a tribunal. This right guarantees to the individual a concrete access to the jurisdiction. The study of “the right to an effective judicial protection” brings to the fore the specificity of the access to the courts under European jurisdiction because, in addition to access the European Court of justice, the individual have the right of recourse to a national court to defend his rights inherited from the European law. Moreover, this study is not only limited to the issue of the accessibility of the jurisdiction but it also includes issues such as temporary judicial protection, the equality of citizens in access to the courts, the enforcement of court judgments
Mecarelli, Gabriele. "L' hypothèse d'un droit commun du procès : Réflexions sur le rapprochement international et européen de la procédure civile." Paris 2, 2002. http://www.theses.fr/2002PA020094.
Full textHubert, Olivier. "Aspects procéduraux de la contrefaçon de brevet d'invention." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30057.
Full textThe procedural law of patent infringement action is not an autonomous law. Indeed, if patent infringement action largely depends on its own procedural rules, it also relies on a multitude of rules belonging to more general normative systems, such as, in particular, the private judicial law, property law, contract law, or human rights. The patent infringement proceedings, which fundamentaly depends on private judicial law, integrates some specific rules, which thus give it a unique legal physionomy. Only the study of the relationship between these different normative systems at each stage of both the action and the proceedings, clarifies the procedural aspects of the action of patent infringement and secure as well as protecting litigants while exercizing their rights
Varnek, Alexey. "Le juge des requêtes, juge du provisoire." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01059054.
Full textLaroche, François. "Les mesures de détention avant jugement au Canada et en France." Master's thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/27462.
Full textVachey, Julien. "L'urgence et le contrôle juridictionnel des atteintes législatives aux droits fondamentaux. : Etude de droit processuel public interne et européen." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0146.
Full textCan urgency be reconciled with legislative review in the context of emergency appeals for the provisional protection of fundamental rights and in the context of pre filing referral mechanisms ?The study first focuses on the legislative review in emergency appeals for the provisional protection of fundamental rights. It then considers how is urgency considered in the referral review procedures carried out by ad quem judges. Despite initial reluctance, the function of summary proceedings judge is opening to the exercise of legislative review. Thus, there is a growing sensitivity of the referral review procedures to urgent situations of legislative violations of fundamental rights. Eventually, there is ground for arguing that the legislative review not only can be adapted to urgent situations we shall see how but also must be we shall see why
Al, Hamidawi Kemal. "Les procédures d’urgence, le juge administratif et la protection des libertés fondamentales face à l’autorité administrative." Thesis, Lyon 2, 2009. http://www.theses.fr/2009LYO22011.
Full textThis study is aims to demonstrate that the administrative procedures of urgency has led to a redefinition of the role of administrative judge: first, in relation to the fundamental libertie whose the administrative judge had a duty to determine this concept. Secondly, in relation to administrative authority vis-à-vis which the administrative judge withdrew an increased power that gives it the force of a administration judge. This study is presented in two parts: in the first part, we show how the urgency procedures provided by the law N° 2000-597 of 30 June 2000, allows the administrative judge to stop violations of fundamental liberties. In The second part we attempt to highlight the changing role of the administrative judge in its relations with the administration. The urgency procedures have led to the expansion of its powers, which led to a strengthening of the authority of the administrative judge against the administration
Zaki, Sayed. "La protection provisoire dans le cadre de l'exécution forcée : étude comparative en droit français, égyptien et belge." Reims, 2003. http://www.theses.fr/2003REIMD010.
Full textThe concession of temporary protection measures having milked to the forced execution participates to the full efficiency of the right to the execution. The author examines the different answers brought by the French, Egyptian and Belgian legal systems to requirements of a balance between the antagonistic interests of the creditor and the debtor. In order to clear through this survey the existence of such a balance, the author exposes, in a first part, rules foreseeing conditions of the concession of the temporary protection ; indeed, the respective legislators foresee some relatively flexible bottom conditions, while putting the requirement of a previous judicial control, this in order to protect fundamental rights of the debtor. In the second part, the author ties to develop rules organizing the affectivity of temporary protection, by demonstrating that, if the beneficiary of this protection is allowed to anticipate on the execution and to reach the definitive stage, the debtor is being offered several means of defence, which constitute an application of the proportionality principle in the process of execution
Blaise, Guerby. "Les mesures privatives de liberté avant jugement : regard porté sur le droit haïtien à la lumière du droit français." Electronic Thesis or Diss., Paris 10, 2021. http://www.theses.fr/2021PA100167.
Full textThe preparatory phase of the criminal trial is characterized by the presumption of innocence in the application of custodial measures. In this regard, the alleged must in some degree be exempted from custody (removal of freedom) because of his status of “presumed innocent” within the definition of the rights to freedom. However, in the contemporary criminal proceedings, custodial measures are taken before trials in order to seek evidence of the truth, safeguard social peace and secure the criminal trial.This derogation from the principle of freedom expresses the need for custodial measures in the pre-trial phase. In this context, the modern criminal procedure is based on the balance between the right to freedom and the protection of the general interest. This the way that the French and Haitian criminal laws establish measures involving removal of freedom prior to trials to relativize the right to freedom during the procedures of investigation and information.This research work is part of this judicial balance in matters of custody prior to trial. Indeed, this study tends to expose the necessity of the removal of freedom before trial and the correlation between the safeguard of public safety and individual freedom in the context of the search of evidence of the truth. Consequently, French and Haitian criminal policies establish a counterweight to the custodial measures prior to trial (closed or open environment measures) in order to allow the alleged to counterbalance the allegations. Thus, custodians must benefit fromjudicial guarantees in order to appeal the allegations, that is to say the charges brought against them, in the procedures of investigation and information, by means of institutional control in order to avoid excessive, arbitrary and illegal detentions. This is how our study analyzes the balance of rights between the parties : the public prosecutor (prosecutor) and the accused person, in the phase of the criminal pre-trial within the French and Haitian criminal policies
Pelletier, Laure. "Le rôle du juge répressif dans les mesures pénales d'enfermement." Thesis, Besançon, 2015. http://www.theses.fr/2015BESA0003.
Full textThe thesis proposes to apprehend the criminal confinement strictly in terms of the role of criminal court. From a binary classification of criminal confinement measures, centered around the culpability test, two separate movements could be identified. The first change concerns the role of the criminal court in confinement which is based on the criterion of guilt. The study then examines the freedom granted to it in the process of the sentence of imprisonment. It appears that the sovereignty of the judge is subject to a double mutation. While sovereignty appears weakened in the process of recourse to the death of confinement, due to authorities that exercise some influence on him, it is fully devoted to the contrary when it comes to the judge to adapt the execution of that sentence. This development questions more broadly about the meaning and the future of the office sanctioning the criminal courts.The second change concerns the judge's role in the custodial measures that stand in contrast to the foundation of guilt. The judge appears here under construction. The study then distinguishes the deprivation of liberty prior to sentencing, for the proper conduct of criminal proceedings, described as "entrapment-procedural ', those are mainly based on the dangerousness of the individual to whom they s'apply, described as "confinement-security". For the former, the role of the judge appears in search of balance, given the need to balance respect for the presumption of innocence and the needs of investigations. Regarding the second, we are seeing the emergence of an original role, unique, transcending the boundaries traditionally assigned
Ngorn, Rothna. "La construction de la propriété intellectuelle au Cambodge." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3002.
Full textThe construction of intellectual property rights in Cambodia dates back to a recent time. This construction implies, on the one hand, the adoption of a specific legal framework that establishes the notion of intellectual property and, on the other hand, the elaboration of protection mechanisms of the established notion. As the legislation on intellectual property was adopted to ensure the conformity of Cambodian law with WTO requirements, it is not surprising that the notion and legal regime of literary and artistic property and that of industrial property are almost identical to what is provided under TRIPS Agreement and other Treaties and Conventions administered by the WIPO. Because of legal, economic and social barrier, most of Cambodian laws relating to intellectual property have not been effectively and correctly applied in practice. Consequently, the notion of intellectual property has not been well developed.To enforce the exclusive right of literary and artistic property and that of industrial property, the legal and judicial mechanisms aiming at preventing infringement, preserving the proofs and punishing the infringement are provided under Cambodian legislation relating to intellectual property. Moreover, utilization of alternative disputes resolutions mechanisms such as commercial arbitration, mediation and Preliminary Alternative Disputes Resolution, is also possible. The efficiency of these mechanisms for the protection of intellectual property in Cambodia is, however, a topical question
Lenci, F. "PROVISIONAL MEASURES IN INTERNATIONAL INVESTMENT ARBITRATION." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/250993.
Full textCalvié, Laurent. "Le rhéteur Aristide Quintilien philosophe panmusicaliste et la théorie rythmique de l'Antiquité : tradition manuscrite et histoire du texte des Eléments rythmiques d'Aristoxène de Tarente : avec une édition critique provisoire et une première traduction en français de son seul fragment conservé." Aix-Marseille 1, 2008. http://www.theses.fr/2008AIX10001.
Full textThis is a first part of a larger work on the text of Greek rhythmicians. It only concerns the fragment of book II of Aristoxenus Elementa Rhythmica and studies textual tradition and its text story during the Antiquity, Middle ages and the beginning of modern era. This story shows the great importance of Aristides Quintilianus, Porphyry and Psellus in this tradition. Some of these texts have been already translated with a critical edition
Peeroo, Jamsheed. "La protection de l'instance arbitrale par l'injonction anti-suit." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D038.
Full textThe anti-suit injunction is the only means capable of preventing a party from being involved in proceedings commenced before a domestic court of its choice in bad faith and with the only objective of disrupting arbitration. It is most efficient in the form of an interim measure. In accordance with modern arbitration laws and rules, this jurisdictional tool may be obtained, in this form, from arbitration tribunals, which normally have sufficient imperium to order it, as well as to impose sanctions on any non-compliant party. Although it can be issued before the parties’ rights have been determined, the arbitrator must nevertheless make sure that its legal basis falls under his jurisdiction. Examples of such legal bases are the prima facie potential breaches of one of the obligations contained in the arbitration clause, such as to perform it in good faith, or of a confidentiality clause contained in the main contract. This restraining measure is also available to the French judge, since prohibitory injunctions are hardly unknown to French law. In the field of arbitration, it appears that its use may be permitted under the new Brussels 1 bis Regulation in spite of the West Tankers case and, especially, where it takes the form of an interim measure. When its issuance appears to be legitimate, it is primarily for the court of the seat of an arbitration to decide whether it should be ordered in support of the arbitration proceedings. However, for reasons of efficiency, if the court of another country happens to be in a better position to ensure compliance with the anti-suit injunction, it may also order it
Andrade, Levy Daniel de. "L'abus de l'ordre juridique arbitral : contributions de la doctrine de l'abus de droit à l'arbitrage international." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020007.
Full textThe academic success of international arbitration in the last decades has not always been followed by the consequent development of concrete instrument for its practical applications. The concept of an arbitral legal order detached from national legal systems is defended by doctrine not so much as an useful instrument for practical case resolution, but firstly as a problem of raising a logic and coherent legal scheme. We propose to analyze the main distortions caused by the conflict between this theoretical perspective of an autonomous legal order and the practical matters involved in the pragmatic courts intervention in international arbitration, either relating to the arbitral convention (provisional measures, violation of the arbitration clause) or to the arbitral award, specifically regarding the problem of recognizing annulled awards. We present lis pendens, anti-suit injunctions, res judicata and the efforts of dialogue between jurisdictions judging the sentence regularity as the main instruments contributing to a dialogue, and thus, as instruments to control its possible distortions. However, those mechanisms are deployed through a reasoning that is still too generic, amoral and based in principles of private international law, in a state-centered perspective that cannot serve the international arbitration scheme today. From this finding, we suggest the abuse of rights doctrine as a group of different objectives and subjective standards allowing implementing those mechanisms to control international arbitration in a much more appropriate way, considering its autonomous and material characteristics, embodied in the doctrinal pursuit of an arbitral legal order. This doctrine brings a more flexible, material and finalistic perspective to the international arbitration instruments, approaching the parties interests and leaving a purely conflictual method which is not anymore appropriate in this field. There will be not anymore only distortions of an arbitral legal order, but abuses of that same arbitral legal order
VAN, DOORN Juliette. "La portée internationale des mesures provisoires : L'article 24 de la Convention de Bruxelles." Doctoral thesis, 1994. http://hdl.handle.net/1814/5506.
Full textDupré, Sophie. "La détention provisoire au Québec : portrait de l’évolution d’une mesure sur une décennie et de la population qui en est l’objet en 2011-2012." Thèse, 2014. http://hdl.handle.net/1866/13632.
Full textThe objective of this thesis is to trace a portrait of the evolution of recourse to pretrial detention in Québec from 2002 to 2012, then to specify the characteristics of the defendants in comparison to defendants who are detained as they emerge in 2012, for the general population incarcerated in Québec penal institutions under provincial jurisdiction, for specific populations comprised of women and native peoples in regard to their proportion in the general population. To achieve this, the present tendencies of recourse for pretrial detention are established and compared to those of 2002. Also, a portrayal of detainees awaiting trial in Québec in 2011-2012 is prepared according to certain socio-demographic and criminal characteristics in relation to pretrial detention according to previous written works on the subject. This portrayal is compared to persons incarcerated in the same institutions following a conviction of a prison sentence of two years minus one day or less. Next, bivariate analyses are carried out to further understand the connection between pretrial detention and the outcome of the penal process, which consists, in the present study, of a conviction to a sentence of incarceration or other sentence of persons in pretrial detention at the onset. Analyses of logistic regression help pinpoint which variables allow us to most clearly predict the imposition of a sentence of incarceration to persons detained in provincial penal institutions in Québec for 2012. The results of our analyses indicate that there is an over-representation of men and native peoples in pretrial detention. We also note that certain socio-demographic and criminal characteristics reveal significant connections to a conviction of incarceration, such as being a defendant of native origin, having previous criminal history, having committed one or many systemic offenses, as well as belonging to a criminal group. This is also a good predicative of imposition of a prison sentence following pretrial detention. When an individual accrues these characteristics, he will face a sentence of incarceration in at least three-quarters of cases. Finally, it appears that despite long-standing will expressed and resumption of discussions when Law C-25 came into force to make pretrial detention a last resort measure, recourse to this measure keeps rising, whereas incarcerations resulting from convictions seem to be diminishing. This translates to a report that is more and more disproportionate between persons who are convicted within Québec prisons, the ratio being to the disadvantage of the person being detained in pretrial detention.