Dissertations / Theses on the topic 'Ordre public économique'
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Schryve, Ludovic. "L'ordre public et le droit des sociétés." Lille 2, 2009. http://www.theses.fr/2009LIL20004.
Full textPublic policy and corporate law have traditionnaly tumultuous reprts. The presence of the fomer in tha latter is inextricably linked to the rôle that intends to play the State in the economy. The public policy of comporate law is oftendescribed as detailed and repressive. It would be a reflection of an era, that of the after war, where the State intended to control and govern all parts of economy. The tendency to regulate gradually fades now in the face of globalisation and the widespread opening markets to international competition. This redefinition of the rôle of the State does affect the concept of public policy in corporate law ? It is always embodied in an «economic» public policy or has evolved into its foundations or its tecnicals to adapt to the new relationship which the State is required to maintain with the market ?
Jaïdane, Mazigh Lamia. "Analyse économique de la production d'ordre et de désordre publics." Paris 1, 1999. http://www.theses.fr/1999PA010024.
Full textBertran, de Balanda Marie. "Inégalité de développement et droits de l'homme : en référence à la doctrine du nouvel ordre économique international (1960-1990)." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32009.
Full textThe consideration of human rights in the field of development with reference to the doctrine of the new international economic order has prompted an enlargement of their content : - it has stressed the importance of the two first generations of human rights i. E civil and political, and economic, social and cultural rights in the process of development. - it has given rise to a third generation of human rights : solidarity rights (right to development. . ), which are representative of the adjustment of the notion of human rights to the economic and social context, both at the national and international levels. The idea of an order based upon the principle of solidarity has consequently, because of the magnitude of the unequality of development, given rise to the definition of rights granted to the collectivity (people, developing countries. . ) in contrast with the prior generations of human rights which were essentially individualistic in nature. As they imply obligations on the part of developed countries in favour of developing countries, solidarity rights have contributed to the extension of the scope of human rights beyond the domestic jurisdiction with consequences over the concept of sovereignty and non-interference
Amini, Sara. "Les ordres publics international et économique en droit international : entre confrontation et articulation." Paris 1, 2012. http://www.theses.fr/2012PA010284.
Full textKalodikis, Nikiforos. "L'ordre public économique sociétaire devant le phénomène des montages : approche comparée du droit français et du droit grec." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA008/document.
Full textThe economic public order of the legal entities of commercial law (companies, partnerships,entities with limited liability of their members) is the total of mandatory rules and mandatory principles which act in the legal organization and structuring of the above entities and put the limits of the freedom of the individuals in this domain. ln this perspective, the entities of commercial law are seen as the legal expressions of the enterprises, socioeconomic organizations implicating a multitude of different interests, but also "places" of the private economic power, which cannot be totally abandoned in the domain of contractual freedom, especially regarding the most developed forms of such entities. The french term "montages" expresses on the contrary the endeavor of the individuals and of their autonomy to exploit to the maximum the margins of freedom let by the law of the entities of commercial law, moving often toward the limits between the legal and the illegal or even pursuing ends beyond doubt illegal. These montages can be defined in their relationship with the economic public order of the entities of commercial law, as the efforts of the individuals to adjust the normal effects of this public order, or to evade these effects, or to manipulate sets of rules of this public order to serve ends atypical or even unlawful. The montages can be acts of organizational law (acts of constitution, decisions of the organs of the entities of commercial law) or acts of the law of contracts (contracts of the entity with its members or directors, contracts between the members of the entities - especially shareholders-, contracts between these members and persons exterior to the entity) ; they can also use and manipulate the entities of commercial law themselves beyond their destination to be legal forms of enterprises-autonomous economic unities (especially this is the case in the groups of legal entities of commercial law) or even beyond any use as legal forms of enterprises. The result of these considerations is the need to study the different montages found in the practice of the two countries under comparison and examine the attitude of their laws toward those montages, by the examination of their basic mechanisms of distinction between the lawful and the unlawful and of the application of these mechanisms on the different montages and by the study of the mechanisms of sanction of the unlawful montages
Fall, Daouda. "Le conflit du Golfe 1990-1991 : de l'ordre ancien au Nouvel ordre mondial." Nice, 1994. http://www.theses.fr/1994NICE0009.
Full textSarmento, Barra Juliano. "Fonds de pension et retraite : entre l'ordre économique et l'ordre social. Etude franco-brésilienne sur les fonds de pension." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D048.
Full textThe subject matter of our research is a legal theory on the pension fonds from a French-Brazilian approach. Firstly, we propose the study of a dialogue between the Brazilian and the French legal systems on the base social security retirement. It is necessary in the first place to conceptualize the notion of social security and delineate the materiality of what is supposed to be completed by the pension fonds. Are there, and what would be the common axis between the two countries regarding the legal notions of the base retirement regimes? Secondly, we envisage formulating a general legal theory on pension fonds. We notice that the place and the nature of such retirement entities are scarcely treated by the two countries literature. Where these pension organisms should act and what is in fact the need that must be protected? We formulate universal principles. The notion of autonomous "private pension legal relationship" vis-à-vis of other relationships is it envisaged? Two main questions require responses. Are the pension fonds elements of economic public order or elements of social public order? In other words, do these organisms have an economic legal nature or a social nature? In addition, it is important to determine whether the pension fonds are really social security elements and if the ensemble of their principles are applicable to them. The complexity of the pension fonds topic oftheir legal conception shows the interesting character of the subject matter of our research. Challenging them and searching for responses bring us to a universe still scarcely studied by the legal literature
Hafiz, Maan. "La crise et la guerre du Golfe : questions soulevées par le droit international public." Tours, 1997. http://www.theses.fr/1997TOUR1004.
Full textSeveral important points of the International Law (I. L. ) have been breached referring to the Gulf Crisis and War. The border disagreement between the tow countries and economic problems were the main reasons for the Iraqi invasion into Kuwait. By this invasion, Iraq had violated the rule which states that force is not allowed to be used to settle any disagreement between states. Iraq had breached diplomatic and humane law during his occupation of Kuwait. There was an immediate worldwide reaction to this invasion especially by the Security Council (S. C. ) of UN how had ordered economic sanctions against Iraq. After the authorization by the Security Council to use "all necessary means to uphold and implement" the Council's resolutions, the Allied Forces succeeded to free Kuwait after a technological war during wich both sides had violated many rules of the law of war. After the cease-fire, the Security Council decided the demarcation of the Kuwaiti-Iraqi boundray and named Iraq responsible for war losses in addition to paying them back. Also the economic sanctions continue in order to destroy all the destructive weapons of Iraq. Meanwhile, the new world order was only enforced by the USA to facilitate its mission
Vignon-Belliard, Anne. "L'apport du droit pénal à la moralisation du marché boursier." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020034.
Full textIn so-called technical subjects which relate to the rules of organisation and operation of the stock market, criminal law is used as an ancillary discipline, ensuring the effectiveness of these regulations. This approach leads to a distortion at the core of criminal law and adecline in the protection which is normally guaranteed by, essentially, violations of the principle of criminal law and a manipulation of the mechanism of criminal responsibility. As a result, the contribution of criminal law to the morality of the stock market is limited to therequirements of fair trial, the balance between administrative sanctions and penalties that have been achieved through abiding to the general principles that govern the criminal.Yet regardless of the scope of its intervention, the criminal law remains with its fundamentalmoral values. It can only contribute to the morality of the stock market by being normative.The use of the criminal sanctions must therefore be limited to the suppression of the ruse, aswitnessed by the creation or operation of a situation of imbalance between individuals. The criminal law should no longer be at the service of the regulation of markets, but see its efficiency guaranteed by it. Far from being foreign to the concerns of competition inherent tothe key components of the markets, this approach would lead to the reconciliation of morality and the economy of the markets themselves
Cervetti, Pierre-Dominique. "Du bon usage de la contractualisation en droit de la propriété intellectuelle." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1023.
Full textThe contractualization is a contemporary trend which crosses numerous branches of the law. As a process of regulation, it implies the participation of the stakeholders in the elaboration and the evolution of the law. This thesis aims at verifying its relevance and determining its impact in intellectual property law, domain dominated by the law and order, but subject to a deep loss of legitimacy. Reflecting a withdrawal of the law and order and a real dynamics of rule-making, the contractualization covers two levels. First of all, in the contractual relationship, the contractualization allows the holder of a subjective right to negotiate the exercise of its individual prerogatives and to confer a certain freedom and power to act that he can practice instead of his cocontracting party. In this case, the contractualization is presented as a vector of subjective rights. Then, in the upper level, the contractualization appears as a new mode of regulation. The stakeholders are associated to the elaboration of the law, either by delegation, or by incentive. This additional contractualization intends to produce private standards basing quite at the same time on the idea of flexibility and voluntary consent. These private standards will finally be received in the legal order assuming that they realize a balance between the economic utility of the proposed arrangement and the social value carried by compulsory rule. In this second prospect, the contractual standard appears as a legal model which should be encouraged, halfway between the spontaneous legal rule and the negotiated legal rule
Betoe, Bi Evie Olivia. "Pour une promotion de la liberté contractuelle en droit OHADA des sociétés." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1007.
Full textThe Uniform Act on Commercial Companies is a special case. Indeed, the principle of legal certainty is recognized through the article 2, which makes the provisions of the Uniform Act as many public policy provisions. However, the lack of legal definition of such a concept is likely to cause some difficulties due to its nature of legal standard, except considering that public policy should rather be viewed as a law implementation technique. Though, it is clear this is a concept that helps to fulfill the requirement of legal certainty pursued by the OHADA legislator in the Uniform Act on Commercial Companies, ensuring thereby its economic attractiveness.In this regard, addressing the issue of contractual freedom in the Uniform Act on Commercial companies necessarily leads to highlight the paradox that results from the positive understanding that one can have of public order through the article 2 in view of the purposes persued by the OHADA legislator. Because, in attempting to meet the requirement of legal certainty and the requirement of economic attractiveness, it is the guarantee of the exercise of contractual freedom which is ensured by ricochet. In the end, this leads us to consider how the public policy as enacted ensures the protection of contractual freedom, so that public policy and contractual freedom become notions either to oppose, but to reconcile
Couratier, Josyane. "Le système Antarticque." Paris 1, 1987. http://www.theses.fr/1987PA010291.
Full textThe geographic and climatic specificity of the antarctic continent has generated problems in international law regarding sovereignty, jurisdiction and management of activities and resources in the area. The purely nationa-listic answers of states to these problems have been replaced since 1959, when the Antarctic treaty was signed, by a kind of collective administration. With the passing of time and the emergence of new problems related environnemental protectio and the conservation and exploitation of living and mineral resources consultative mechanisme provided for by the treaty have generated important le-gal and institutional developments. These mechanisms which, together with their offsprings have develop their own dynamics, have been labelled "the Antarctic treaty system", by comparison and opposition with the un system and other regional legal systems. The present study covers the relations between the antartic traety sys-tem and general international law and the un system. Such an examination bears a particular interest at a time when the group 77 is questioning the regime establishes by the treaty in 1959. A last part of the study tries to analyse the reasons behind the success of the system
El, Hajoui Sanae. "Le droit des pratiques anticoncurrentielles : entre ordre public concurrentiel et sécurité juridique des opérateurs économiques." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010270.
Full textCompetition law is a very particular economic law, responding to public order. Thereby it appears to be an invasive law. It imposes constraints and causes exceptions to the freedom of enterprise and freedom of contract. Therefore, the interference of competition law in the name of competitive public order raises questions about the future of legal certainty for economic operators. The competition law became a source of tension between the need for effective competition authorities and the principle of legal certainty, which traders need. The question is whether the compelilion law by the extent of its influence, its methods of qualification and means of intervention available to the competition authorities, produces legal uncertainty or on the conb:ary participates full y in the consideration of legal certainty? If it is true that the interference of competition law may pose threats to the freedom of enterprise and freedom of conh·act, it may be that its adverse effects are not as important and serious as it appears to be. The fact to consider only the constraints and hindrances to the relationship between the requirement of maintaining the competitive public order and the principle of legal security would be a reductive and pessimistic vision, it obscures the contributions of cornpetition law to economic operator's legal security. This thesis aims to analyze how the above requirements concur and/ or differ and evolve. The objective is to establish their relationship, to better appreciate their place and articulation
Callsen, Raphaël. "Eingriffsnormen und Ordre public-Vorbehalt im Internationalen Arbeitsrecht : Ein deutsch-französischer Vergleich." Paris 10, 2013. http://www.theses.fr/2013PA100197.
Full textThe law applicable to an employment contract is determined by a regulation of the European Union. The Rome I regulation establishes a legal definition of overriding mandatory rules which gives leave for different national conceptions. Ce first part of the study analyses the evolution and distinction of lois de police and exception d’ordre public, « Eingriffsnormen » and « Ordre public-Vorbehalt » in German and French private international law. The analysis goes on with the function of these two mechanisms in French and German case law which is compared to the evolution in Italy and takes into account the consequences of recent case law of the European Court of Justice in private international law and concerning the posting of workers. The second part examines criteria which may be useful to identify overriding mandatory rules and the content of the public policy exception in the field of labour law. Special attention is given to the fundamental social rights contained in the European Charter of Fundamental Rights. The study concludes that fundamental social rights oblige for example to ensure a minimum protection against dismissal by applying overriding mandatory rules or the public policy exception. The content of this protection, however, depends on the substantial law of each State including the fundamental rights which must be respected in substantial labour law
Mbeumen, Roger. "Les marchés publics internationaux dans les relations nord-sud." Paris 2, 2003. http://www.theses.fr/2003PA020069.
Full textBaillet, Olivier. "L'économie dans la jurisprudence de la Cour européenne des droits de l'homme." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D071.
Full textHuman Rights and the economic system entertain an ambivalent relationship. These rights have sometimes been accused of bringing about capitalism, while they represent for others useful means of correcting its excesses. These differences have led to the famous distinction between political and civil rights and economic and social rights which partly conceals the full extent of both conflicts and concurrence between the two systems. While they have generated debate among the drafters of the Convention, the lack of political consensus gave birth to a legal instrument conceived as being deprived of any economic purpose. However, recent strategies of States in terms of ratification and reservation suggest that it has acquired some degree of economic normativity. The study of the case-law of the ECtHR shows the extent and the way the interactions between rights and economics unfold. Economics are incorporated as facts but also as the object of European rights, which then partially substitute for absent economic freedom and rights. Some persisting contradiction between the Convention and economics nonetheless leads the judge to adapt conventional rights and obligations. This adaptation is again ambivalent, as it is can pursue the preservation of the mecanism’s integrity as well as the preservation of the specificities of the economic system. Though pervasive, economic matters remain perceived as inferior to supposedly non-economic . traditional conventional values. While the Court undeniably legitimizes the existing economic order, it intends to prevent the Convention from turning into the legal foundation of a European economic order
Branthome, Thomas. "La genèse des libertés sociales : le droit de s'associer face à l'impératif d'ordre." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020068.
Full textThe expression "collective liberties", used until now to designate the liberties of the Second Generation, does not fully represent the content of those liberties. Those liberties are not the affirmation of the collective right over the individual right, but of the individual liberties becoming effective when applied collectively. To best feature their complexity, a new term should be proposed: social liberties. It is necessary, to justify this new term, to study the genesis of those liberties, through a legislative, jurisprudential, political and doctrinal analysis. The observation of the organic corporation of the Middle Age reveals a difference of nature with the free association. Its singularity will only appear at the end of the XIX century, through a modern definition and a renewal of the order paradigm
Millard, Eric. "Famille et droit publicRecherches sur la construction d'un objet juridique." Phd thesis, Université Jean Moulin - Lyon III, 1994. http://tel.archives-ouvertes.fr/tel-00012086.
Full textBento, de Carvalho Lucas. "L'apport du droit du travail à la théorie générale de l'acte juridique." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0105.
Full textBy the representations it conveys and the solutions it encourages, the building of ageneral theory is never neutral in an axiological plan. Although its construction is based on knowledgeof Positive Law de lege lata, the resulting order meanwhile remains closely linked to the perceptionsand beliefs of the interpreter. It is in this sense that must be addressed the question of the contributionof labor law to the general theory of the legal act. This study highlights the protean nature of theconsidered phenomenon, without concealing the situations where the discipline resembles more acounter productive model than a true source of inspiration. Adopting a prospective point of view, thisresearch highlights aspects of the labour law likely to encourage the promotion of a theory of the legalact marked by pluralism. The material thus contributes to underline the variety of conditions in whichforms the willingness to engage oneself, just like the diversity of its modes of expression. It alsoshows a certain capacity to translate in the field of law, in order to understand them better, theotherness of the balances of power and the mutability of the factual data accompanying the executionof legal acts
Pilorget, Julie. "Des femmes dans la ville : Amiens (1380-1520)." Thesis, Sorbonne université, 2018. http://www.theses.fr/2018SORUL118.
Full textThis dissertation examines the place of women in the medieval town of Amiens and demonstrates the continuing significance of women’s participation in diverse aspects of social and economic life during the historical shift from the medieval to the early modern era. This city adhered to a unique legal system called ‘picard-wallon’, which was particularly favourable to women, making them the owners of half of the family patrimony. Since family structures played a determining role in the ideological choices and economic behaviour of family members, the institution of community property between spouses allows us to consider women as legitimate economic agents. The study of women’s activity in the marketplace in particular, shows that we should first rethink the public/private dichotomies that have long been applied to gender studies. This work also highlights the nature of women’s contribution to the medieval society. Public space fostered orality and the production of specific speech acts. The study of women’s involvement in crime shows that they were not afraid of defending their honour if necessary. Therefore, this dissertation sheds light on the reinforcement of the public order at the end of the Middle Ages and its consequences on gender relations at the beginning of the early modern period. Finally, this dissertation makes use of new methodological perspectives. By focusing on a place of syncretism, at the intersection of three different regional areas, this study highlights the multi-cultural influences at work in the city in order to interrogate the relevance of classical periodization and establish the importance of a transdisciplinary approach to medieval studies
Bridoux, Vincent. "Droit de la commande publique et droit de la concurrence de l'Union européenne : étude sur une dynamique commune." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D073.
Full textPublic procurement law and European Union competition law are now two of the main pillars of economic law. Competition law ensures free and undistorted competition in the internal market by protecting it from obstacles from both private and public entities. Public procurement law is intended to regulate a market representing 14% of Europe's gross domestic product.These two subjects are autonomous and seem to ignore each other. However, a careful analysis reveals the existence of actual convergences between them. The proper functioning of the market which purpose is to protect competition by merits, liberties and finaly the well-being of the European Union, is a common dynamic in these two areas. By doing so, both materials contribute to conservation of competitive public order. Their many complementarities, such as the defence of a competitive market structure, economic efficiency and the prevention of anticompetitive behaviour, demonstrate this. The specific objectives of competition law are reflected in public procurement law, while competition law protects the objectives of public procurement law. Similarly, despite several potential areas of confrontation related in particular to the control of State aid, the application of the law of anticompetitive practices against public purchasers or concession authorities, public procurement law and competition law seem systematically to agree on the preservation and development of effective competition. The Altmark case law, or the rigour of the criteria for public-public cooperation, testify to the daily proximity between these two subjects and their ability to enrich each other
El, Ghawi Chadi. "Epistémologie du processus de marché : l'entrepreneur politique réfuté." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM2007.
Full textIn the context of the Austrian scientific research program in economics, our study deals with the market process through the prism of Entrepreneur`s concept. The creative entrepreneurial function emerges as an epistemic individual process, which contributes to a catallactic action. It strengthens the emergence of the spontaneous order, thus shaping individual and institutional evolutionism. The emergence of such action mainly depends on institutional determinants. Therefore, the market process, emerging from catallactic actions, requires a specific institutional foundation. Thereby, our analysis concerns the political process; this, through the prism of the political action, to match the adequacy of this action to the catallactic one. This analysis also decrypts the institutions which determine the political order. However, this introspection identifies the deficiency of the institutional foundation required for the emergence of the entrepreneurial function through the political action. This barrier of the catallactic analogy in the political practice contributes to the refutation of the political market conjecture. The main reason of this failure is the impossibility of a legitimate political exchange emergence. From the objective ethics perspective, the political action harms the individual rights in general and the private property rights in particular. By denying the coordination, this political action shows a divergent nature from the entrepreneurial one. Therefore, this reality leads to refute the political entrepreneur conjecture
Court, de Fontmichel Alexandre. "L'arbitre, le juge et les pratiques illicites du commerce international." Paris 2, 2002. http://www.theses.fr/2002PA020106.
Full textBradburn, Suzie. "Les systèmes d'échanges locaux." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0280.
Full textBorn in France in 1994 in the rural areas in reply to a difficult economic situation, Local ExchangesSystems became an alternative of the dominant economic model, which enables members to exchange goods,services and know-how thanks to a conventional currency based upon time, which is a competitive licit solutionof the existing legal currency.The fear of seeing people using the LES to hide a remunerative econonomical activity would be taken away assoon as a clear distinction is made between private-members, who take part in exchanges occasionally to add asmall additionnal income, and those who become professional by developping a permanent and lucrative activitywithin professional conditions. This category of members must abide by the same rule that applies toprofessionals, subject to sanctions.In order to organize the exchanges, the members can use a legal structure. This would give them the necessaryhelp for their development by providing a catalogue of offers and demands and the creation of a multilateralcurrent account. Even if a type of company structure is possible, an association is better adapted for the needs ofthe legal organization of the LES. It corresponds to their non lucrative and philosophical goals based uponhuman values and solidarity
Lekkou, Efthymia. "La transparence et la commande publique." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30101.
Full textTransparency, through its multiple applications by the european judge, has become a general principle of european law. Its legal basis resound its purview, imperative and suppletive, its personnal et material scope, as well as its progressive extension and its restriction to the vertical relationships developed between contracting authorities and economic operators. Transparency is attached directly to potential bidders fundamental freedoms whose its provides legal protection. It is attached indirectly to the principle of free competition by the elimination of private barriers to the free movement of economic activities. Thus, in the service of an immediate finality, transparency guarantees access to public procurements and, in the service of a mediate finality, it protects the market structures of public procurement. The general principle of transparency gives then rise to contracts of public order (contrats relevant de la commande publique) which take over public contracts. Instrument of integration and structural element of the internal market, this new generation of contracts materialize access to public order (commande publique), that constitutes a sector of economic activity as part of the internal market