Dissertations / Theses on the topic 'Notaires – Responsabilité professionnelle – Maroc'
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Yagou, Abdellatif. "Le notariat en droit marocain : tradition et modernité." Perpignan, 2006. http://www.theses.fr/2006PERP0657.
Full textLahrichi, Saâd. "La mission des notaires français et marocains : étude de droit comparé." Montpellier 1, 2006. http://www.theses.fr/2006MON10011.
Full textWilmann, Marie. "La responsabilité civile des auxilliaires de justice : avocats, huissiers de justice, notaires." La Rochelle, 2005. http://www.theses.fr/2005LAROD012.
Full textThere has been a dramatic surge in the number of civil tort suits concerning the legal profession (lawyers – bailiffs – solicitors). These suits put the stress on many recent doctrinal debates which challenge the reality of the two orders of responsability. To counter this crisis of the traditional framework, the rule of the precedent has determined some imperative duties for any member of the legal profession. These duties are defined from the “notion-concept” of the duty to counsel and they tend to put forward the autonomy of the legal profession’s civil liability. The general theory of the civil liability would gain coherence and clarity without including the liability of these legal professionals
Biguenet-Maurel, Cécile. "Appréciation par la jurisprudence du devoir de conseil des notaires : (De la nécessité d'une redéfinition du concept)." Nice, 2004. http://www.theses.fr/2004NICE0008.
Full textBen, Sedrine Leïla. "La responsabilité civile, pénale et disciplinaire du médecin au Maroc : insuffisances et défaillances d'un système." Perpignan, 2004. http://www.theses.fr/2004PERP0601.
Full textThe law of the medical responsibility in Morocco holds a considerable retard; this is basically due to the absence of any recent jurisprudence on the matter and due to an obsolete medical Code of ethics which remains unsuitable to the actual realities of the country. This failure of the system has a consequence of no protection to the patient's rights. The legal insecurity seems to be the rule
Baouali, Lahbib. "L'assurance de la responsabilité civile médicale au Maroc." Thesis, Paris 8, 2016. http://www.theses.fr/2016PA080128.
Full textIn the heart of any human activity exists a part of uncertainty, fate and chance. The medical act does not escape the chance, as far as it involves (puts at stake) the only certainty of the human being, which, her (it), is example of any chance, that is: the fact that he (it) is going to die. The medical act most leads (drives) can fail, hurt and even kill. The headways (overhangs) of the medicine, however spectacular they are, do not allow to cure everything, the progress also comes along of a set of unwanted effects. There is so itself a ditch between the wait (expectation) of the patients and the result (profit) of treatments, what leads (drives) to resentments and demands which can end in trials in justice. The medical responsibility does not date current, it made its appearance from the antiquity (antique).I. HISTORY (STORY) OF THE MEDICAL RESPONSIBILITY:II. NATURE OF THE MEDICAL RESPONSIBILITY:A. The penal responsibility: B. The disciplinary responsibility: C. The civil liability: The insurance (assurance) of the medical RC is of current events all over the world, and aroused big debates on its enforcement and its adaptation to every company (society) according to the degree of development of its dispute and according to the needs and the means of the diverse participants (speakers). In our country, this shape of insurance (assurance) is still for its debuts and we arrange for the moment only certain very shy case law and doctrinal studies which do not reflect exactly the current state of the thing (matter); what leads (drives) us to draw from the solutions proposed by the foreign operators and to adapt them, if it is possible, to the Moroccan case.Things being what they are, the evolution of the medical civil liability and its incidence on the insurance (assurance) of the medical responsibility are the object of this report. The developments which are going to follow are conceived in two parts (parties). The first one (night) will be dedicated to the personal and collective medical responsibility in all its facets; while the second will deal with the functioning of the insurance (assurance) of this medical responsibility in Morocco
Essafsafi, Lahcen. "La responsabilité médicale en droit marocain : histoire d'un concept protectoral à la lumière du droit comparé." Perpignan, 2012. http://www.theses.fr/2012PERP1102.
Full textMarzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français." Perpignan, 2006. http://www.theses.fr/2006PERP0730.
Full textThe first part of the thesis is devoted to the determination of the concept of fault serious, it is divided into two chapters:: the conditions of the calling into question of paid (chapter I) are articulated between the conditions of existence of the fault, the liable abuse right to be made by the employee, and the role of the circumstances in the appreciation of the known as fault. The observation of the serious fault (chapter 2) is analyzed on the one hand in comparison with the capacity of observation which the employer has who bases himself on theoretical and practical bases, then in addition in comparison of the means and the burden of proof which must make it possible to the judge to judiciously qualify the faulty act. The second part is devoted to the effects of the serious fault, which are obviously the suspension of the working relationships (chapter 1) which are doubly appreciated: by its immediate character and the sasine of the court. Then, the legal control of dismissal (chapter 2) is analyzed in comparison with the basic judge who has within this framework a sovereign capacity, nevertheless subjected to the control of the supreme court
Elhorre, Abdelilah. "Responsabilité pénale du commissaire aux comptes dans les sociétés commerciales en droit marocain et en droit français." Perpignan, 2012. http://www.theses.fr/2012PERP1103.
Full textNaciri, Bennani Abdelhak. "La responsabilité du banquier dans l'octroi du crédit aux entreprises en difficulté en droit marocain." Perpignan, 2001. http://www.theses.fr/2001PERP0409.
Full textThe dammages sustained by the creditors of companies having difficulties, the responsibility of the faulty credit granted by the bank and namely the consequences of a legal liquidation of a company have made the moroccan legislator to review the "corporate" law. The new legislation that has greatly affected the requirements of the banking behaviour with regards to the companies and, in particular to those having difficulties, as well as the absence of jurisprudence entail an examination of the responsability of the bank as to its relations with the company having difficulties. The question, on the one hand, is to bring to the fore the duties and rights of the banker granting the credit to consciously avoid the difficulties of the company, and on the other hand to reveal the relatively precarious status of the granting banker as to the measures of collective execution without forgetting to delimit the banker's contribution to avoid the criminal or contractual liability from the time his intervention will be considered faulty or ill-timed. This study is then concerned with the aspect of third parties security in view of distribution of bank credits and of the rules governing any possible liability of the bank vis-à-vis the creditors of the company taking the credits. A question rises as to the line between the acceptable and the no more acceptable contribution. Is it advisable to encourage the bank to take a dynamic part in the future or in saving the company having difficulties ? The responsability of the banker starts in the end of the normal exercice of his work that is essentially financial
Torricelli-Chrifi, Sarah. "La pratique notariale source de droit." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10073.
Full textThe influence on law of law practice by French notaries has no longer to be proved. Notary practice is effective on legislation thanks to thorough consideration as a result of its experience and expressed through its legal representatives (especially its annual national convention). But the notary law practice reaches well beyond this appearance. Is it sufficient to consider that it is a source of law? Does it just influence law makers or is it really a law maker itself? Notary law practice is so dense and so rich that it is necessary to define its boundaries. It must be carefully studied in order to identify its creative content that would meet the definition of a source of law. This results obviously from the official source of law, the laws. However, it is in the background that its autonomy appears, more apt for a classification. Then, after being identified, it can be immersed into the theory of law. Even though its various forms would make one think that it is more related to customary law, its recognition by the courts and jurisprudence as well as the ruling aspect of contracts must not be ignored. Yet, the question of sources of law appears to be a lot more complex and requires changing the paradigm, as it is very much influenced by modern theories concerning the notion of regulation. The notary law practice will be strengthened by this, deserving of a place among the large field of the theories of law. Nonetheless, it will have to compromise in order to find a balance of power with other currents in the legal trends and try to disperse the internal limits of its creativeness
Assimopoulos, Christelle. "La responsabilité civile des rédacteurs d'actes : contribution à l'élaboration d'un statut." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10075.
Full textLawyers and notaries are subject to the same civil responsibilities when they act as document copywriter for other people. This idea has taken time to be accepted in jurisprudence and even struggles to be accepted in publications for one simple reason. The distinction between the roles of the lawyer and the attorney (the lawyer's role as a “public officer” in justice and the notary's role as “auxiliary” in justice) is often unnecessarily cited in explaining the obligations of the copywriter.Today, the requirements are very clear. The copywriting of a document involves several different professionals, most importantly lawyers and notaries, who are the only professionals who can take the leading role. According to the Law of 31 December 1990, the Supreme Court of Appeal adopts a consumerist perspective and considers this copywriting service as a product, meaning that it must have both quality and protection aspects. The Supreme Court of Appeal defines the details of the service provided by the copywriter, without indicating whether he is a lawyer or a notary.Any person taking the role of copywriter, i.e. any person who participates, even partially, in the preparation of the instrumentum, therefore has the same obligations.These obligations represent a real engagement, according to the terms defined by the Supreme Court of Appeal, as they are expressed in a coherent manner with a specific goal: an effective instrument, in terms of its faithful and effective expression of the needs of the parties. This obligation of effectiveness defines the obligations imposed on the copywriter, and also the obligations as advisor. In addition, the legal obligations of this role are not defined or limited by the contract itself. This has little impact on the supposed non-existence of a contract between the notary and his client. The responsibility of the copywriter is the same, whether it is defined by article 1382 or article 1147 of the civil code.Effectively, the civil responsibility of the copywriter is essentially only an application of the common law principles of responsibility, which explains why there is no difference in the responsibilities if the editor is a lawyer or a notary. Whether the client goes to a lawyer or a notary, the instrument must indicate the same types of offence, can ask for redress for the same injuries and must be actioned within the same deadlines
Abarkane, Mohamed. "Cadre juridique comparé du circuit du médicament au Maroc et en France." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40009.
Full textApproaching the comparative legal framework of circulation of drugs in morocco and france was justified by the gap, existing since independence, between the evolution of the moroccan all-branch pharmaceutical sector through the private initiative, and the stagnation of the legislation in force. Our work, comprises two parts, the first is entitled the fundamental concepts of the law of pharmacy and drugs, the second is entitled the circulation of medicine in morocco. After an appreciation, we noticed the absence of test cases and took down about the laws in force that are out of date and often usuitable. Aware of this fact, mainly face to the easing of restrictions on the external trade up to the year two thousand, regarding the project of partnership of morocco with the european union, and considering the permanent revolution of the medical and pharmaceutical practice, the professional staff of the pharmaceutical sector, in collaboration with the public health ministry, elaborated within the framework of a revision and a recasting of the existing laws, a series of bills, which are presently in awaiting approval. A code of pharmacy comprising, in a structured and cordinated manner, the whole laws which are adopted seems to be necessary. But the most important thing is to look after the implementation of this pharmaceutical legislation by all the professionals
Seyedi, Arani Seyed Abbas. "La pertinence du modèle français de la société civile professionnelle pour le notariat iranien." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30014/document.
Full textIran is a two-faced country, both traditional and modern. Notary position is there exercised in a traditional way, but yet the economic development of the country requires modernization of this profession. Today, the notary position is exclusively practiced individually. Hence a serie of difficulties. Therefore, it is important to look for another model. If Iranian law has already been inspired by French law in the field of civil law, it also influenced the organization of the functions of notary. It is therefore natural for Iran to turn to France to study other modes of exercise of this profession. Indeed, after several years of individual practice, the position of notary is now practiced collectively according to several models. Practicing within a “Professional Partnership” (ie: “Société Civile Professionnelle”) particularly caught our attention. We aim at analyzing the advantages and disadvantages of this typical French form of partnership to observe that this particular type of partnership can be adapted, after some adjustments, to the Iranian notary practice. At the outset, the French concepts of “Company” and the French regulation specifically applicable to the “Civil Partnership”, at the heart of the “Professional partnership” regulation should be introduced.In the first part of this research, the evolution of the French notary profession is addressed. Appearance of practice difficulties pushed the notaries to welcome the “Professional Partnership” as the new mode of practicing with the 1966 Act. The study of how this partnership is operating has shown that exercising the profession of notary within a partnership does not change the strength of a deed or the role and influence of the notary, but rather that there is a better service provided to the customer.In the second part, after recalling the history of the Iranian Notary profession and its definition, the study the common way of exercising and its resulting difficulties, demonstrates the need to implement the Professional Partnership French regulation as the new mode of practice. However, insofar as Iranian Civil Code merges the notions of Joint-ownership (“indivision”) and Civil Partnership, despite the existence of Commercial Partnership in the Iranian Commercial Code, it was essential to distinguish these notions in order to organize them. At the time, everything seems ready to implement and adapt the French rules applicable to the French Civil Partnership. Finally, facing unorganized professional partnerships under Iranian law, this work allows to organize and adapt a new model to the Iranian Notaries. Through this study, a new model for notary practice can be proposed to the Iranian legislature that is adapted to the needs of a contemporary society. Such a research may then be extended to other professional or commercial partnerships and was also an opportunity to clarify the legal concepts of "partnerships" and "joint-ownership"
Ikherbouchen, Vincent. "La responsabilité civile des professionnels du droit : comparaison de l'obligation de conseil de l'avocat et du notaire." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCB215.
Full textThe overall increase of the obligation of counsel within the French legal system did not spare attorneys and notaries in its wake. With approximately 65000 practising attorneys and 11000 practising notaries in France, according to registered figures in 2017, they embody the most practiced legal professions. They are also the most likely to see their civil liability incurred in regards to a breach of their duty to provide legal advice. However, the outlines of this obligation, framed by case law, are often imprecise and diffuse. This thesis aims to demonstrate that the obligation of counsel has an autonomous regime subject to proper rules, highlighting the gap between adjacent concepts. In this context, the function of this obligation will be explained. This analysis will show that attorneys and notaries are bound to an obligation which the impact is roughly identical. However, in case of a breach of their obligation, case law does not design a unique regime of civil liability. Indeed, an attorney's liability is traditionally based on contractual liability, whereas a notary's liability is generally based on tort liability. This system, erected on a debatable argumentation, leads to inequalities of treatments for both victims and legal counsel. For these reasons, corrective solutions will be proposed in order to harmonise the civil liability regime applicable
Alamri, Khalid. "Le notaire au confluent des systèmes juridiques : esquisse d'une étude notariale transnationale." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D015.
Full textAt the time of the internationalization of the law and the increasing mobility of people across state borders, notaries are confronted on a daily basis with family, personal or professional situations, with elements of 'foreignness. As a result, they are no longer content to apply national legislation, but are also open to the application of private international law methods. This study questions the possibility of a transnational notarial order in the light of the examination of notarial legislation in a number of legal systems. Such a study shows the existence of a favourable environment for the harmonisation and circulation of notarial acts, in the image of the European framework considered as a laboratory in this field. Nevertheless, there are still many legal obstacles that stand in the way of the possibility of a universal notarial order due to the legislation of certain countries, such as the Muslim countries