Dissertations / Theses on the topic 'Obligations (law) – france'
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Cavallone, Giulia. "Obligations européennes d’incrimination et principe de légalité en Italie et en France." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020003.
Full textThe research focuses on the influence of the EU competence in criminal law on Italian and French criminal systems. More specifically it refers to the impact of this competence on the traditional principle of legality and on individual safeguards it represents. The first part deals with the increasing Union’s power to impose specific obligations of criminalization in relation to the fundamental principle of legality in criminal law. This principle acquires different meanings according to different national systems. While in Italy it is mainly conceived as a statute monopoly, France considers clarity, ascertainability and foreseeability of criminal norms as the main aspect. The research analyses whether it is possible to set aside certain national specific features in order to achieve a new European common definition of the principle of legality. Given the practice of the Court of Justice to interpret Union law according to traditions common to Member States, the research has been conducted following a comparative approach. A comparative analysis makes it possible to better assess the choices made by the European Union towards harmonization in criminal matters.The second part of the thesis concerns the possibility to use EU obligations of criminalization and the primacy of Union law to protect fundamental interest, in particular fundamental rights of victims. The research aims therefore at finding a compromise between the legality principle in criminal law and an effective protection of fundamental rights stemming from the European Convention of Human Rights and the Charter of fundamental rights of the EU.Keywords: Principle of legality ; obligations of criminalisation ; comparative criminal law ; EU criminal law ; fundamental rights; victims’ rights
Broussy, Charlotte. "Histoire du contrat d'assurance (XVIe-XXe siècles)." Electronic Thesis or Diss., Montpellier, 2016. http://www.theses.fr/2016MONTD045.
Full textLooking back through history, the very nature of the insurance contract has often been questioned. Indeed, although it started off its career with, and was developed by, the merchant shipping industry ; today it is used as a consumer product contract, strongly anchored into terrestrial reality. In order to apprehend this evolution, it would be interesting to look into what defines the criteria of an insurance contract since the 16th Century right through to 1930. During the 16th Century, the insurance contract started to be used in the terrestrial world and was drafted by the authors of the profession, and in doing so, interested the French legislators. This phase was a theoretical construction and a legislative phase for the insurance contract, which was based on the merchant shipping activity, in spite of applying to a growing number of terrestrial concerns. The next period starts in the middle of the 19th Century, whereby we start to see the first major changes to the insurance contract with the increase in industrial activities and the emergence of socialist ideas and a welfare state. At this point in time, the profession and jurisprudence adapt the insurance contract to the increasing security needs of the population. We can refer to this as a real terrestrial implantation of the insurance contract as the shipping and naval basis takes a back seat. These adaptations and new additions to the legal system make the legislators, judges and other professions concerned ; re-assess the contents of the insurance contract. In 1930, the first French law on the terrestrial insurance contract crystallizes a certain number of their conclusions and positions, without however, giving a strict definition of what an insurance contract is. It still doesn’t exist today
Broussy, Charlotte. "Histoire du contrat d'assurance (XVI-XXe siècles)." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD045/document.
Full textLooking back through history, the very nature of the insurance contract has often been questioned. Indeed, although it started off its career with, and was developed by, the merchant shipping industry ; today it is used as a consumer product contract, strongly anchored into terrestrial reality. In order to apprehend this evolution, it would be interesting to look into what defines the criteria of an insurance contract since the 16th Century right through to 1930. During the 16th Century, the insurance contract started to be used in the terrestrial world and was drafted by the authors of the profession, and in doing so, interested the French legislators. This phase was a theoretical construction and a legislative phase for the insurance contract, which was based on the merchant shipping activity, in spite of applying to a growing number of terrestrial concerns. The next period starts in the middle of the 19th Century, whereby we start to see the first major changes to the insurance contract with the increase in industrial activities and the emergence of socialist ideas and a welfare state. At this point in time, the profession and jurisprudence adapt the insurance contract to the increasing security needs of the population. We can refer to this as a real terrestrial implantation of the insurance contract as the shipping and naval basis takes a back seat. These adaptations and new additions to the legal system make the legislators, judges and other professions concerned ; re-assess the contents of the insurance contract. In 1930, the first French law on the terrestrial insurance contract crystallizes a certain number of their conclusions and positions, without however, giving a strict definition of what an insurance contract is. It still doesn’t exist today
Lauer, Mélanie. "Obligations procédurales et droit au divorce." Phd thesis, Université du Sud Toulon Var, 2008. http://tel.archives-ouvertes.fr/tel-00443953.
Full textTargues, Isabelle. "Les obligations conventionnelles nées du divorce." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020023.
Full textThe phenomenon of conventionalisation of family law and more precisely the role assigned to individual will in divorce has been increasing exponentially. As the sources of conventional obligations are multiple, it appears essential to define the variouselements that make up this specific group. Contracts are not the only source of conventional obligations. This last category should include all conventional legal acts which can be defined as expressions of will intending to produce legal effect.In divorce law, the voluntary agreements spouses are allowed to conclude in order tosettle the patrimonial and extra-patrimonial consequences of their separation are numerous. The growing importance given by law to individual will in order to settle the consequences of divorce calls for the examination of the genuine qualification ofspouses’ agreements. The analysis of the conventional obligations originating from divorce demonstrates that common law contracts flourish in divorce law while, at the same time, divorce agreements develop on the fringes of the guiding principles of contract law. Regarding these conventions, judges’ interventions add to individual willso as to reach perfect agreements. Eventually, in a context where individual freedom is promoted, common law contracts are a privileged tool for spouses who wish to organize themselves the patrimonial consequences of their separation. However, matrimonial public order legislation remains and cannot be dissociated from the extra-patrimonial field. In this regard, it should be noted that the general theory of the law of obligations does not intend to endanger the status of persons which must inherently remain inalienable
Al, Qallaf Eqbal. "Les obligations des professionnels dans la lutte contre le blanchiment d'argent : étude comparée entre les droits français et koweitïen." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3012/document.
Full textThe crime of money laundering is not only considered to be an organized international crime but also an advanced and sophisticated task of fast and remarkable technology, which led to its spread globally over twenty years, particularly after 11 September 2001 attacks. Hence, the international community has called for the need to confront it at the regional and global level through the treaties and agreements, to prevent money laundering and terrorism funding. Money laundering is considered an organized crime as it has negative effects like economic crises. So it is necessary to exert efforts to stop its spread. There are three obligations to fight this crime, either it is for legal, accounting, or investment banking careers. These obligations aim at looking for sources of illegal and laundering money so as not to hide its illegal source but also to prevent its reuse or recycling. To confront this crime, there are three interrelated and interdependent obligations. First, traditional obligation of professional secrecy. Secondly, censorship or monitoring obligation can be diluted or intensive to fit (be adapted to) the dangerous degree which is shown through its implementation either in the legal, accounting, or banking transactions. Thirdly, the notification's obligation of suspicious transactions to the state's authorities to receive the suspicious notification of money laundering. This study is a critical and analytical comparison of French and Kuwait law through legal, legislative and procedure perspective
Reydellet, Colin. "Corrélations entre conflits de lois et conflits de juridictions en droit international privé des obligations." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3074.
Full textFrench private international law holds as usual the dissociation between choice of law and judicial jurisdiction. This independence between the two sets of rules is set up as a principle by both majority doctrine and law. According to this principle, any form of correlation is and must be refuted, whether it occurs at the time of implementation of the conflict rules or the time of their formulation. In other words, three hypotheses are thus denounced: that of the direct applicability of the lex fori as such, but also those of the jurisdiction of the forum legis and the parallelism of the conflict rules, which lead to an indirect applicability of the lex fori. However, according to this study, contracts and torts private international law shows that such a principle does not exist and that it is not necessarily appropriate. Indeed, both the mechanism of overriding mandatory provisions and freedom of choice of law give rise to a direct applicability of the lex fori. Moreover, the refutation of indirect correlation modes is inappropriate. On the one hand, the jurisdiction of forum legis makes it possible to guarantee the effectiveness of overriding mandatory provisions, insofar as no other remedy is sufficient. On the other hand, the specialisation of contracts and torts private international law and the influence of European Union law on this discipline generate rules of judicial jurisdiction rules and applicable law that present a certain parallelism that is not only accidental. The thesis thus invites us to question certain classic dogmas of private international law of obligations
Houéyissan, Wilfried A. "Les obligations de livraison, de conformité et de garantie contre les vices cachés : étude du droit OHADA à la lumière des droits français, québécois et de la Common law canadienne." Nantes, 2015. http://www.theses.fr/2015NANT4002.
Full textKassoul, Hania. "L'après-contrat." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0026.
Full textDoes anything remain after the end of a contract? Generally, we easily believe that the relationship between economic partners and the duration of their contract stop at the same time. But this belief is built on a simplistic vision of the real economic world. When the contract duration is over, some economic interest must be preserved. That is why wise partners anticipate a follow-up to the extinguished contract, by stipulating postcontractual obligations. But, even if there is no anticipation, a regulation does exist with standard legal rules or judges’ framework. A real optimization of the contract law is expanding, to maximize the benefits arising from the contractual experience and minimize the risks led by the postcontractual freedom. That is how the Contract shows a specific aspect: it becomes a social institution which considers its economic context, serving the relational dimension of the partnership. Definitely, the relationship between the partners can last above the duration of the contractual instrument. By this way, the post-contract put into perspective the contract in an existential addition which is composed of three parts: the precontractual, the execution and the postcontractual time periods. In this configuration, the term is seen as a mark which encloses a duration (temporal criterion) and turns the contractual obligation (substantial criterion). Indeed, the post-contract nature is dual, contractual and extracontractual at the same time. That is why we will treat our subject from both and complementary criterions, saying that the post-contract is a time period out of the contract, whereas it shows concurrently the contract out of its own duration
Alkhalaiwy, Thamer. "Le régime de la distribution de crédit et les obligations mises à la charge de son distributeur : étude de droit comparé, droit français-droit saoudien." Thesis, La Rochelle, 2014. http://www.theses.fr/2014LAROD007.
Full textIf the appeal on credit today has become somewhat trivial, the regulation of this sector however proves to be a necessity. Regulations have therefore been set up concerning not only the operations of credit offered by the bankers, but also their behaviour concerning their clients during the conferment of credits. Saudi law and French law differ in this field. This is due to the fact that the Saudi law is based on the Charia, which influences its requirements concerning the distribution of credit. Among these requirements is the ban of loans with interest, or of the riba, creator of an original regime of credit distribution, which marks the major difference to French law, free from any religious requirements. On the other hand, although this divergence is ineluctable, a convergence can be found between Saudi law and French law concerning obligations put payable to the banker providing the credit. However, contrary to French law, these obligations in Saudi law lack in precision and evolution. Therefore convergence should once again be consolidated by drawing inspiration from the solutions given by French law in the field, notably by putting obligations on bankers in order to assure a fair balance between the interests of the banker and those of his borrower
Bouskia, Samia. "L’exception d’inexécution." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0411.
Full textA renewed study of the exception of non-fulfilment is of definite interest after its general recognition in the Civil Code. The Ordonnance No. 2016-131 of February 10th, 2016 reforming the contract law, the general regime and the proof of obligations introduced two applications of the exception of non-fulfilment in the common law of contracts. The first one is “classic”. It allows a party to refuse to perform its obligation as long as the other party does not perform its obligation (article 1219 Civil Code). The second is more innovative in that it confers an anticipatory function with the exception of non-fulfilment (article 1220 Civil Code). The legal law of contracts thus provides a means of penalty for the economic efficiency of the law. The comparative approach of the exception of non-fulfilment reveals that French law is in line with most European countries.The critical analysis shows that the new Articles 1219 and 1220 of the Civil Code are relatively incomplete and unclear. The purpose of this study is to demonstrate that recognition of the exception of non-fulfilment in the Civil Code does not dispel uncertainties and shortcomings of previous case law. The renewed practical approach of the mechanism reveals that judges have considerable flexibility, so they could decide to take up the previous case law. The study proposes a reading grid of these new texts. After the contract law reform of 2016, practitioners will have to refer to the interpretation of the new texts that will be made by judges
Godard, Lénaïc. "Droits des pratiques anticoncurrentielles et des pratiques restrictives de concurrence." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV063.
Full textThe purpose of the research topic is to study the relationship between Competition Law and Unfair trading practices Law. At first glance, these two parts of competition law stand out. The Competition Law is composed of a small number of general and permanent rules designed to protect competition on the market where the Unfair trading practices Law rests on a rather heterogeneous set of rules and evolves according to frequent reforms aimed at to protect competitors from abuses by their trading partners. Yet a rapprochement of these Law is perceptible. On the one hand, he intervened with the notion of company. Presented as the subject of the Competition Law, it gradually became the subject of the Unfair trading practices Law. On the other hand, a reciprocal interference of rights is emerging. In apprehending the abuse of economic dependence, the Competition Law impinges on the purpose pursued by the Unfair trading practices Law. The latter, because of a jurisprudential evolution conferring upon it an objective of protection of the functioning of the market and competition, also interferes with a purpose which does not devolve upon it. Evolutions then appear necessary in two respects. The first is to propose to reduce the competition law to the sole right of anti-competitive practices. The use of abuse of a dominant position or anticompetitive agreements already makes it possible to apprehend unfair trading practices. The refocusing of competition law is also an opportunity to rethink the rules relating to the regulation of prices that are unreasonably low.The second deals with a reconstruction of the Unfair trading practices Law. It is to become an Unfair practice between companies Law. This proposal elaborates on the changes made by Ordinance No. 2019-359 of 24 April 2019. A new positioning in the Commercial Code is suggested as a consequence of its exit from Competition Law. The design of a new law designed to regulate contractual abuses between companies is an opportunity to return to the links established with Contract Law. It maintains, with this one, links of complementarity. It is then necessary to reinforce the rules governing its implementation. A convergence with those that make up the Competition Law is envisaged because of the wealth of tools it contains. On the one hand, their spread within the Unfair practice between companies Law will be an opportunity to modernize the mechanisms of public action by providing procedures to facilitate the detection of abusive practices or strengthening the effectiveness of the repression. This is also reflected in the transformation of the CEPC into an authority with advisory and sanctioning powers. On the other hand, the Competition Law constitutes a source of inspiration for the elaboration of rules intended to favor the development of the actions in reparation due to an unfair practice between companies and takes shape on different levels: by the consecration of provisions to improve the articulation with the objective litigation, by the incorporation of measures simplifying the actions in repair
Gallo, Carole. "La décision conditionnelle en droit administratif français." Electronic Thesis or Diss., Paris 2, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247191697.
Full textConditional decisions remain much overlooked in the legal scholarship on French administrative law. Wrongfully considered as the exclusive province of the specialist on unilateral administrative acts, conditional decisions have received the attention of public lawyers only in so far as they come to present a risk for the protection of aquired rights. This goes some way to explaining both the scarcity of doctrinal contributions to a definition of the concept of a conditional decision – autonomous from the paradigm of the obligations in French civil law –, and the difficulties encountered in trying to bring some clarity to the subject by attempting to determine precisely the boundaries of the notion. Nevertheless, recent turns taken by the administrative courts, and more recently by codifiers, do call for a clear and consistent definition. The case law has for long considered these legal acts as unilateral acts, thus subjecting conditional decisions to the corresponding legal principles. Despite this, the legal scholarship on the question has never managed to fully integrate conditional decisions in either branch of the main binary subdivision – contracts and unilateral acts –, ill-using both in order to stress the highly unusual character of the notion (for instance underlining the peculiar relevance of an analysis of this unilateral decision in contractual terms). This unusual object therefore forces us to reevaluate our traditional classifications, which otherwise systematically result in a severe inconsistency between substantive law and its doctrinal exposition. In order to do so, the theoretical tools and approaches used up to now must be renewed. This doctoral dissertation aims to reconcile the positive law and its doctrinal exposition, thus proposing a clear definition of the condition itself as a legal norm in its own right – both dependant on, and distinct from, the other provisions of the decision it is attached to – the function of which is to modulate the effects over time of the main decision. These proposed elements of definition come to reveal a unified and coherent legal status of the conditional decision in administrative law
Stancu, Radu. "L'évolution de la responsabilité civile dans la phase précontractuelle : comparaison entre le droit civil français et le droit civil roumain à la lumière du droit européen." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA025/document.
Full textThe thesis finds its main purpose in the study of the recent evolution of French and Romanian civil law of liability during the pre-contractual period. We favored a comparative approach between national rights, in the light of European laws. During the pre-contractual period, the parties are free to negotiate as they please, as long as they do not cause damage to their partner. A bond is created between the parties and it can only be broken in accordance with the principle of good faith. We noted that the basis of liability is fairly controversial and varies from one legal system to another. Indeed, the civil liability is balances between legal security, private autonomy and freedom of contract. In summary, the pre-contractual phase has experienced profound transformations in its evolution. At the time of European harmonization, or even globalization, French and Romanian law undergo modifications in order to clarify the most complicated rules, in particular those relating to pre- contractual civil liability
Gallo, Carole. "La décision conditionnelle en droit administratif français." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020046.
Full textConditional decisions remain much overlooked in the legal scholarship on French administrative law. Wrongfully considered as the exclusive province of the specialist on unilateral administrative acts, conditional decisions have received the attention of public lawyers only in so far as they come to present a risk for the protection of aquired rights. This goes some way to explaining both the scarcity of doctrinal contributions to a definition of the concept of a conditional decision – autonomous from the paradigm of the obligations in French civil law –, and the difficulties encountered in trying to bring some clarity to the subject by attempting to determine precisely the boundaries of the notion. Nevertheless, recent turns taken by the administrative courts, and more recently by codifiers, do call for a clear and consistent definition. The case law has for long considered these legal acts as unilateral acts, thus subjecting conditional decisions to the corresponding legal principles. Despite this, the legal scholarship on the question has never managed to fully integrate conditional decisions in either branch of the main binary subdivision – contracts and unilateral acts –, ill-using both in order to stress the highly unusual character of the notion (for instance underlining the peculiar relevance of an analysis of this unilateral decision in contractual terms). This unusual object therefore forces us to reevaluate our traditional classifications, which otherwise systematically result in a severe inconsistency between substantive law and its doctrinal exposition. In order to do so, the theoretical tools and approaches used up to now must be renewed. This doctoral dissertation aims to reconcile the positive law and its doctrinal exposition, thus proposing a clear definition of the condition itself as a legal norm in its own right – both dependant on, and distinct from, the other provisions of the decision it is attached to – the function of which is to modulate the effects over time of the main decision. These proposed elements of definition come to reveal a unified and coherent legal status of the conditional decision in administrative law
Ducharme, Théo. "La responsabilité de l'Etat du fait des lois déclarées contraires à la Constitution." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D022.
Full textThe responsibility of the State for unconstitutional statutes, which is among the last islets of sovereign immunity, is about to be enshrined in French law. The flourishing of a constitutional mode of parliamentary sovereignty as expression of the general will, completed by the entry into force of an original form of indirect concrete review of parliamentary legislation -the so-called "priority preliminary ruling on the issue of constitutionality" (Question prioritaire de constitutionnalité) -, led the Paris Administrative tribunal to recognize a legal remedy allowing the compensation for damages resulting from the application of an unconstitutional statute. Indeed, by virtue of the constitutional principle of responsibility, which the Constitutional Council has derived from article 4 of the Declaration of 1789, the State is held accountable for the unlawful acts committed by its legislative body. In this kind of situation, if an act cannot be considered "unlawful" on the basis of the State's responsibility because of laws that disregard France's international commitments, it can always be so on the basis of the responsibility of the State for unconstitutional statutes. The constitutional principle of responsibility, as a legal basis, constitutes a norm that confer power to the administrative judge to qualify the unconstitutionalities pronounced by the Constitutional Council as a fault of a nature to engage the responsibility of the State. The parliamentary legislation is no longer this indisputable and uncontested act. From now on, any irregularity in a legislative provision can justify engaging the responsibility of the State
Beddiar, Nadia. "Le mineur délinquant face au service public pénitentiaire." Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20017/document.
Full textThe correctional institution is experiencing a profound process of modernization under the influence of European and constitutional law, which tends to assign to it all the characteristics of a public service and significantly adds to the law of enforcement of sentences.This normative development, under the control of an administrative judge, has introduced the basis of a genuine legal status for minors as coerced users of this public service. Efforts carried out by the penitentiary administration in the aim of establishing detention rules that apply and are adjusted to the different categories of prison population, and particularly to minors, are changing the traditional/classic conception of the prison‟s missions.The specificity of detention rules, as confirmed by the creation of detention facilities for minors and the search for a legal status for the minor inmate, is endorsed by the opening up of the penitentiary administration and the building of partnerships with other institutional actors.The mobilization of new resources constitutes a fundamental axe in the preparation of the social rehabilitation of minors, in their own best interest and benefit. The issues around the correctional framing in the objective to define the administrative status of the minor inmate lead to double angled analysis: the fixing of the foundations of prison law applicable to minors, and the application of this law which illustrates the need for an adaptation of the penitentiary action when it comes to minors
Beddiar, Nadia. "Le mineur délinquant face au service public pénitentiaire." Electronic Thesis or Diss., Lille 2, 2011. http://www.theses.fr/2011LIL20017.
Full textThe correctional institution is experiencing a profound process of modernization under the influence of European and constitutional law, which tends to assign to it all the characteristics of a public service and significantly adds to the law of enforcement of sentences. This normative development, under the control of an administrative judge, has introduced the basis of a genuine legal status for minors as coerced users of this public service. Efforts carried out by the penitentiary administration in the aim of establishing detention rules that apply and are adjusted to the different categories of prison population, and particularly to minors, are changing the traditional/classic conception of the prison’s missions. The specificity of detention rules, as confirmed by the creation of detention facilities for minors and the search for a legal status for the minor inmate, is endorsed by the opening up of the penitentiary administration and the building of partnerships with other institutional actors. The mobilization of new resources constitutes a fundamental axe in the preparation of the social rehabilitation of minors, in their own best interest and benefit. The issues around the correctional framing in the objective to define the administrative status of the minor inmate lead to double angled analysis: the fixing of the foundations of prison law applicable to minors, and the application of this law which illustrates the need for an adaptation of the penitentiary action when it comes to minors
Arsac-Ribeyrolles, Audrey. "Essai sur la notion d'économie du contrat." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2005. http://tel.archives-ouvertes.fr/tel-00662822.
Full textQin, Liwei. "L'interprétation du contrat : étude comparative en droits français et chinois." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020040/document.
Full textIn terms of the legal interpretation, the role of the judge takes place between the facts and the law. The judge is not only charged with analyzing and determining the factual elements, but he also aims to exercise the qualification of the fact and apply the rules of law. This is why legal interpretation is generally divided into two aspects, i.e. the interpretation of the fact and that of the law. The interpretation of the contract, in principle, belongs to the first aspect. More precisely, the law, as general and abstract rule, is the expression of the general will, while the contract is only a translation of several individual wills. This dissertation analyzes the issues aroused by the theory and practice of the interpretation of the contract: In what condition can the judge exercise his capacity of interpretation of the contract? Should the interpretation of the contract aim exclusively at the common intention of the parties or aim not only at the will of the contracting parties but also the internal and external objective elements of the contract? Can the interpretation of the contract fill in the lacunas of the contract? Can the rules of public order become the foundation of the interpretation of the contract? Does the correction of the content of the contract need the participation of the interpretation of the contract? The research of the above mentioned issues determines, in fact, the interest of the plan of this dissertation. Theoretically, the work of this dissertation challenges the traditional definition of the interpretation of the contract, by annotating again the sense and the spirit of the classic rules of interpretation, and analyzing the role of the rules of public order in the interpretation of the contract. In practice, the work of this dissertation is founded on a profound research of the functions of the interpretation of the contract in the judiciary activities
Le, Bourg Johann. "La remise de la chose - essai d'analyse à partir du droit des contrats." Phd thesis, Chambéry, 2010. http://tel.archives-ouvertes.fr/tel-00872649.
Full textZeidan, Zeina. "Analyse de la place des sukuk en droit français." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020027.
Full textThe sukuk are deemed to be a sui generis type of securities, because they supposedly represent a right of ownership on the underlying asset in the interest of their holders. This right of ownership is transmitted through the structuring of the sukuk that allows the junction between its constitutive contracts. However, the classic Islamic law defined the term ownership as the right of use of an asset that entitles the owner for its civil fruits. In addition, the AAOIFI standard 17 does not give the owner a right of disposal of the asset ratio that his securities represent. It also stipulates, that the underlying asset remains attached to the sukuk until the end of the operation. This highlights the collateral role fulfilled by the ownership right of the sukuk holders.Pursuant to the sukuk issue contract, all of the sukuk owners have a personal right against the issuer for the payment of the asset income, held and managed by the latter in their interest. Besides that, asset-backed sukuk which underlying asset is held by the issuer grant their holders a right to the asset performance income during the operation, as well as its proceeds at the sukuk maturity if applicable. Therefore, the sukuk have the bonds’ features as they are defined by the French legislative and case law. Consequently, the sukuk can be issued in France under the bonds’ form and regime either on the domestic or international level, if applicable
Auzanneau, Marjolaine. "L'obligation de sécurité de l'employeur : étude de droit comparé." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0014.
Full textThe field of occupational health and safety is constantly expanding. At the same time, the prevention of occupational hazards is a major objective for companies, a real imperative. Thus, the employer's obligation to ensure the health and safety of his employees has become an essential obligation arising from the employment relationship. The employer's liability in the event of the occurrence of an occupational hazard, or a simple failure to meet his preventive obligations, hinges on the essential notion of the safety obligation. While this obligation is also enshrined in the legislation of our German and English neighbours, it has undergone an unprecedented development in France, making it unique and original obligation
Zreik, Saba. "Conventions réglementées et intérêt social en droit comparé (Liban, France, USA)." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020027/document.
Full textThe corporate interest is the main reason behind the regulation of related party transactions. Its limits are defined by similar interests and the personal interest embodied in these transactions. The inter-action of these conflicting interests may harm the company. The existence of a conflict and of its justification may be presumed. The corporate interest is from now on that of the enterprise seen within its wide economic context and the interest of a group of companies is distinctively acknowledged. The qualification of those transactions helps identify those that are subject to scrutiny. The protection of the corporate interest is achieved by the prevention of the conflicts of interests through the disclosure of the personal interest. This disclosure triggers the concerned corporate bodies’ evaluation process. Legislative and jurisprudential guarantees ensure the predominance of the corporate interest through limitations on the exercise of certain rights and a strict judicial enforcement of legal duties laid on the interested party. The fraudulent transaction is void. The unauthorized one that is damaging to the company is voidable and its consequences are assumed by the interested party who may be exposed to civil and, sometimes, criminal liability. The comparison of the treatment of this subject in the Lebanese, French and American legal systems revealed the weaknesses in the first two; amendment proposals are made
Zhang, Liu Feng. "Etude comparative du contrat de transport maritime de marchandises en droit francais et en droit chinois." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32048.
Full textThe purpose of this dissertation is to carry out a comparative study of the contract for the carriage of goods by sea in French law and in Chinese law, principally between French positive maritime law and Chinese positive maritime law, taking into consideration as well the numerous influences which international Conventions currently in force bear on this issue.The contract for the carriage of goods by sea is concluded between a shipper and a carrier. The transportation of the goods by the carrier involves the navigation of a ship through water, a natural element which is not without danger; the act of the transportation of the goods therefore involves certain risks, and it is this act of transportation which is the object of the contract.This contract is generally modelled after the standard form of a Bill of Lading, though that is not the only document which is used. Among the specific elements of a Bill of Lading, the Paramount clause, the jurisdiction clause and the arbitration clause inserted in the document will each be examined, because they form the legal base of maritime transport.The execution of the contract, considering the rights and obligations of each of the parties, will be examined in detail. Assuring that the ship is in sound navigating condition, carrying out the voyage and accomplishing the delivery of the cargo are the responsibilities of the carrier, who in return will receive payment for these services from the shipper.However, the particular risks inherent in sea travel engender particular problems which will be specifically addressed – for example, the exact extent of responsibility of the carrier; the cases in which an exception might be made; amount limitations to the indemnities for damages, etc.The practical application of the contract to a specific situation will sometimes lead to disputes. In each case it needs to be determined which is the party that is responsible for the damage to the cargo. In fact, it is not always easy to define the responsibilities of each party. Sometimes appeal is made to international arbitration, and at other times it will be necessary to appeal in a court of law.Since the disputes often involve several separate enterprises (the ship owner, the ship manager, the shipper, the carrier, the recipient, insurance companies, bankers, etc.) coming from diverse countries with judicial systems which differ from one another, a number of complex legal issues must be resolved: the conditions of admissibility of the action, the jurisdiction of court, applicable law, etc.Among the particularities, we observe that France ratified the Brussels Convention and the modifying Protocols of 1968 and 1979, whereas China did not ratify any of these documents. In international law, France applies the monist system, according to which the ratified International Conventions are immediately applied in internal law, although according to dualism, the Conventions do not acquire legal force until after having been transposed into internal law. China applies neither the monist system nor the dualist system, while granting to the International Convention a superior authority over internal law, though only under certain conditions.With modern means of production and communication, the planet has become a global village whose members continually exchange goods and services. This development has led to significant growth in international commerce in general, and to significant growth in the transport of merchandise by sea in particular; hence the importance of this study
Schröder, Hanna. "Entre exorbitance et droit commun : le contrat de l'administration en droit européen : étude comparée des droits français et allemand dans leurs interactions avec le droit de l’Union européenne." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA012.
Full textThe present study analyzes the law applicable to contracts of French, German and European administrations, as well as evolutions triggered in French and German law by EU law, and brings into focus a circulation of models between EU and national law. These interactions show how the original parameters of national legal orders influence the latters’ way of integrating European requirements, which in return allows drawing conclusions concerning European law itself. In this context, studying French and German law (antagonist models concerning contracts of public administrations), putting them in perspective with contracts in internal EU law and analyzing the evolutions triggered by the impact of EU law, highlights that the issue of the articulation of specific powers and duties of the contracting administration with the contractual obligations of the parties is central in the relationship between European law and contracts as a tool for the action of national and European administrations
Loheac-Derboulle, Philippine. "Le tiers en droit de la responsabilité administrative." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1003.
Full textThe third party is commonly defined as the person who is foreign to a group or a situation; therefore we might think that the law has no reason to be focused on it and that it then devotes no space to him. The study on the third party in law of administrative responsibility yet reveals the opposite. This thesis aims to demonstrate that, while it is particularly difficult to identify it and, thereby, to define it, the third party is real and play an undeniable role: it is likely to exert influence on incurred liability, before the administrative law judge, by the administration (or by any person who is y equated). However, a distinction must be made according to the situation of the third party in relation to the damage. There is indeed a plurality of third parties. They are nevertheless likely to be divided into two categories: third parties victims and third parties authors or co-authors. Specific legal consequences are actually attached to the identification of the third party victim. Recognition of such quality is particularly likely to lead to the application of a legal regime with features compared to the one which is usually applied to the other categories of victims. Therefore, the question of the existence of a law of administrative responsibility for the damages caused to third parties arises. The relative nature of this topic’s specificity, combined with the lack of unity; however lead to a negative answer.The third party author or co-author, may also affect the responsibility of the administration. The administrative judge is actually likely to take into account the intervention of a third party in the production of the damage and, consequently, to vary the share of responsibility of the person prosecuted. This can be done immediately, i.e. as part of the relationship between it and the victim, in particular when the administrative judge implements the third’s act theory. This can also be done later, i.e. as part of the relationship between the co-authors and/or the co-responsible for the damage, when it comes to apportion among themselves the final burden of debt relief. However, in the interest of the victim’s protection and as applied in civil law, to take account of the role of the third party in the realization of the damage in a deferred way must be preferred to its immediate consideration
Stefanova, Deyana. "Le rôle de la notion de service public dans l'organisation du système de santé en droit français." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0273.
Full textSince the 1970s, the notion of public service has been conceived as the basis of the health system in French law. However, this notion has not become an integral part of city care services within the scope of the health system. At the same time, the concept of the hospital system, which refers to the coordination of the entire supply of hospital care by the state, was constructed outside the spectrum of the concept of public service. This leads us the to observe the failure of the notion of public service as the basis of the health system in French law. Since the 2000s, the emergence of the concept of the health system in domestic health law, as well as the influence of European Union law on the design of public service in the field of social and health services, have led to the renewal of the role of the public service in the domain of health. Public service then gradually became an instrument for organizing the health system through its legal regime. In this sense, the reintroduction of the concept of public health service, operated by the Touraine law of January 26, 2016, appears paradoxical. The shift to an exclusively functional public service approach in health involves defining and building "service to the public" missions within the health system
Khalifa, Milad. "La protection du consommateur en droit libyen à la lumière du droit français." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G006.
Full textThanks to the emergence of a market economy and more recently of the technological revolution, consumer law has been significantly developed. Therefore, consumer protection was required as the means to rebalance the unequal relations between the consumer, regarded as the weaker party to the complex contractual relation, and the professional for whom the power balance is in favour.In this context, the interest of a study about consumer protection in Libyan law in the light of French law is clearer and can be approached from two angles : on the one hand, it is scientifically challenging to understand how a State like Libya, whose opening up to the world and the private sector development are very recent, integrates consumer protection into its legal system. On the second hand, comparing it with French law provides an added value, because the level of consumer protection in Libyan law has to be measured through French consumer law which is more developed. The comparative approach is relevant in this research as one of the functions of comparative law is to improve the national substantive law.Here, according to the starting hypothesis, consumer law in Libya is underdeveloped compared to French consumer law. So, the comparative approach aims to help improving consumer law in Libya if the starting hypothesis is confirmed. Therefore, we studied consumer protection from the precontractual period to the after contract period including the actual contract conclusion in both legal orders.This research shows that the Libyan consumer is less protected than the French consumer. This is due, amongst others, to socio-political and economic factors, in this case, the low development of the private sector and the low level of the culture of justice which does not enable to develop case-law regarding consumer law. This study has also proved that the Libyan legislator is facing a new challenge, that is, the emergence of distance contracts, which makes consumer protection even more complex
Ursini, Carine. "Le corps de la personne au travail selon le droit social." Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22020/document.
Full textThe industrial revolution of the nineteenth century saw the creation of large factories, leading to a change in the living and working conditions for the proletariat, whose working conditions were more difficult than we could imagine today. Worker's health became an economic and political issue of great importance. The State, therefore, passed guardianship legislation to protect workers' health: the industrial legislation become labor law, a subset of broader social laws. The labor law provided a balance between the actors of labor relations. It was essentially a law compromise for the purpose of pacification of social relations, a social compromise between the interests of business and those of employees. "Social law", which incorporates both the labor law and the social welfare law, is composed of laws to protect and rules to govern awards for damages for injuries incurred in the workplace. The working man has long been considered a production machine viewed only from a mechanical point of view, but the body is the substratum of the person; it is not a thing. A person is protected under criminal law and civil law, not property law; what we now call fundamental rights and freedoms. In today's workforce, productive activity is much more diverse than in the Nineteenth Century. Social and labor conditions have evolved, as has labor law. Occupational hazards are different and the working man, considered as a whole person, may suffer damage to his physical and mental health. If labor law continues tries to encourage capital gain and workforce safety at the same time, how effective are the regulations that are in place to protect workers from physical harm. Workplace injuries and illnesses will occur, so it becomes important to know the tools of french positive law created to insure reparations in the instances
Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Full textThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
Franczak, Piotr. "Metody regulacji spółek zagranicznych w prawie prywatnym międzynarodowym." Doctoral thesis, 2018. https://depotuw.ceon.pl/handle/item/3219.
Full textThe subject of the thesis was the assessment of methods with which legal systems regulate foreign companies. Foreign company was understood as a company which has been incorporated by a foreign legal system and which is recognized by this system as its own. A comparative research was carried out in the dissertation, covering legal systems of selected English, German and French speaking countries, as well as Polish and Dutch law.Crucial for the dissertation was the distinction between the conflict-of-laws and substantive methods and its main thesis was that the conflict-of-laws method is used too often and should yield precedence to the substantive method in some cases.Among modern conflict-of-laws regulations of foreign companies three groups can be distinguished. First, solutions which subject all legal events and legal relations of a company to substantial law which did not necessarily create the company. The most important instance of the regulations of this kind is the real seat theory. Potentially it removes from authority of the law of incorporation, among others, legal events which include public acts and organizational legal relations – whereas those can effectively be governed only by the law of incorporation. Only within the law of incorporation relevant public acts have been issued and only to this law organizational legal relations have been adjusted. The second category of the conflict-of-laws regulations consists in solutions which always indicate parent law of a company as applicable. They include especially the theory of incorporation. In fact, these solutions refrain from regulation of corporate relations of foreign companies. The third group consists in limited conflict-of-laws regulations which subject to their own substantive law only selected relations of foreign companies closely connected with their country. They are practically oriented and usually cover relations which are suitable for effective conflict-of-laws regulation.Two most important categories of substantive regulations of foreign companies are the recognition and provisions imposing additional obligations on parties of corporate relations. The recognition consists in extension of legal effects which arose under a foreign legal system to the recognizing system. It should be applied to legal events which include constitutive public acts and to organizational relations. Provisions imposing additional obligations on foreign companies or persons involved in them do not regulate directly corporate relations. Above all, they require from foreign companies disclosure of certain information in the register of the admitting country and appointment of a representative and indication of an address there. They may, however, impose on persons involved in a company an obligation to specifically arrange its corporate relations and in this manner indirectly regulate these relations. Legal sanctions for breach of these provisions may resemble actual consequences of use of the real seat theory, but their application does not result in problems associated with the conflict-of-laws regulation.The most important question with respect to the Polish Act on the Private International Law is interpretation of the term “seat”, which the Act uses to designate law applicable to legal entities. It should be understood as the seat set in articles of association and not as the real seat. This results from the case law of the Court of Justice of the European Union, which mandates that a company transferring its real seat within the European Economic Area be recognized as the company of the country of its incorporation. Although the Polish Act provides that transfer of the seat within the EEA does not result in loss of legal personality of the company, nevertheless this exception is not broad enough to satisfy requirements of the European law. Many functional arguments also speak in favour of the statutory seat theory.