Dissertations / Theses on the topic 'Patrimoine culturel – Droit – France'
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Perrier, Arnaud. "Le Patrimoine culturel en droit privé : l'empreinte de la patrimonialité culturelle." Clermont-Ferrand 1, 2010. http://www.theses.fr/2010CLF10325.
Full textCultural heritage is made up of assets heaving an identifiable value and a collective value for the social group. Legal mechanisms have been instituted with a view to protect and transmit this heritage to future generations. The fact that this heritage is cultural modifies the classical civil rules of private property by conferring rights upon the public. The pluralism of private cultural ownership leads to the acknowledgement of the existence of a “propriété privée mixte”. The private owner of a cultural property is entrusted with the mission of conservation in the prospect of transmitting the cultural heritage to future generations. The constraints he is subjected to in that capacity are justified by the role of he plays as an intermediary for the present generation in the transmission of this heritage between past and future generations. Cultural heritage is a product of the essence of man. “La patrimonialité culturelle” allows a transfer from having to being through identifiable assets
Delivré, Cendrine. "Finances publiques et protection du patrimoine culturel." Lyon 3, 2004. http://www.theses.fr/2004LYO33043.
Full textThis thesis intends to study the relations between public finance, understood widely as tax rules and financing, and protection of cultural heritage defined as the group of goods proving cultural interest and revealing social worthy to inheritance purpose. Protection of cultural heritage takes place in the French law by means of numerous juridical instruments, more particularly financial and fiscal ones. The diversification of financial and fiscal instruments related to the protection of cultural heritage has been improving since the end of the old regime. These variegate tools need a well-ordered description. Afterwards, an analysis of the public finance action in favour of the protection of cultural heritage was undertaken in order to elucidate the recent objective-oriented financial and fiscal mechanisms
Kwon, Cherry. "La protection du patrimoine culturel : une comparaison entre la France et la Corée." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010321.
Full textCultural heritage is by its own nature an exposition of national identity as well as a symbol of sovereignty. Thus a comparative study on it would give rise to implications beyond the relevant institutions. The cultural heritage system of France, a culmination of the Revolution, has indeed held an enduring reputation as the most sophisticated one in the world. Korea, on the other side of the globe, has been pursuing ambitious reform measures, ever since the enactment on the Protection of Cultural Property in 1962. Emphasis in the present work has been placed on the cultural heritage and the land. The reason is that the unique relationship of the two is believed to be fertile ground for comparison. Traditional attachment in France to the land in case of tangible or material cultural “patrimoine” would very well bring about fresh perspectives to Korea. It is to be noted that those cultural properties, not classified as “protected” ones thus falling out of the umbrella, are also dealt with rather extensively. One may find that state intervention or engagement is much more conspicuous in case of cultural heritage, as compared to other areas of culture. Decentralization epitomizes the administration of cultural “patrimoine” in France since 1980s, whereas role of the central government dominates in Korea, although foundations, associations and MECENATs are on the rise in numbers and activities. Lastly the task of interest-coordinations are highlighted in every facet of the protection : namely public v. private, national v. regional/local, past/present generation v. future generation
Alketbi, Mohamed. "La proctection juridique du patrimoine culturel en France et aux Emirats." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D028.
Full textDevices heritage protection is put in place in France and the United Arab Emirates in recent years. But it was really the eighty was born a public heritage policy with the creation of the concept of historical monument years. Throughout the twentieth century, the law of protection of heritage fabric and accompanies the evolution of the same design heritage. This heritage is now composed of tangible and intangible assets. Internationally under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) is set up in the seventies the idea of world heritage. In this context, laws on heritage protection were adopted in France, and again Bill legislation are still waiting to be adopted in the United Arab Emirates. These laws and draft laws aim to make protective devices "more readable and better adapted to current and future challenges
Boillet, Nicolas. "La mise en valeur du patrimoine naturel et culturel en droit public." Lorient, 2009. http://www.theses.fr/2009LORIL141.
Full textThe promotion of the natural and cultural heritage is today an integral part of public policies enacted by both the state and local authorities. The stated objectives of these policies gather together a number of areas including the promotion of cultural heritage, along with the economic and territorial development of the regions in question. Once the interest, the objectives and the functions of the notion of promoting national heritage have been clearly defined it is possible to identify a set of rules and legal procedures which guarantee the actual substance of the aforementioned notion. The different features making up natural and cultural heritage have therefore come under the jurisdiction of property law. This French property law raises a number of questions centred on the economic reality of promoting national heritage. The idea of economic development outlined the French Code général de la propriété publique has also itself contributed to a debate on the matter of national heritage. Developments in environmental and cultural law have helped to shape the framework within which the promotion of national heritage is to be found. However, the aforementioned framework also includes a number of specific rules of a purely incentive nature. Promoting national and cultural heritage consequently provides an element of coherence and harmony regarding, on the one hand aspects of natural heritage, and on the other hand aspects of environmental, cultural and property law
Poli, Jean-François. "La protection des biens culturels meubles." Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32028.
Full textThe goal of this study is to examine closely the different legal regulation, presse -ntly existing on the juridical protection of movables cultural works: cultural work circulation, purchase by state ("dation en paiement), territorial and marin archaelogy, fiscal law. It insists on the social role of cultural works and also on the duties of the state regarding their protection. Sociological and economic approach is considered as well. Finally it studies the role played by the international organisations (unesco) (concil of europe), and possible consequences of the principle of free circulation result of eec treaty, on the protection
Payet, Marie-Stéphane. "Droit de la concurrence et droit de la consommation." Paris 9, 2000. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2000PA090001.
Full textBas, Jean-Arnaud. "Essai sur l'État et le patrimoine archéologique : l'exemple de la France." Saint-Etienne, 1997. http://www.theses.fr/1997STETT040.
Full textIn this study, we have developed how has been realised the constitution of archeological patrimony. The first stage is caracteristed by the simple attention to the archeological objects who denoted the birth of a public preoccupation with often a political mental reserve. The second stage appears at the end of the XIXth century with the decline of the liberal ideology : the simple attention is replaced by a public intervention. We have established that the archeological patrimony is incorporated in the large notion of "historical heritage" until the 27 september 1941's law about archeological excavations. After the Second World War, it continues to be up to the state to protect and to conserve the archeological patrimony. We have showed that, under the Ve republic, the public intervention is reinforced by the consecration of the cultural interest. At this evolution's end, we have developed how the public power intervenes into the archeological patrimony's domain. Through the conservation, we have established that the intervention has two complemental aspects; indeed, the conservation includes the ideas of gestion and protection. Beyond the classical constraints of gestion and protection, some new constaints exist now in connexion with the territory parcelling out and the supranational dimension of the archeological patrimony
Wagener, Noé. "Les prestations publiques en faveur de la protection du patrimoine culturel." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111007.
Full textThe thesis has made the methodological choice of reducing the action of the State for the protection of cultural heritage to a simple series of "services". Taking the neoliberal perspective literally, it intends to study all State interventions in this area, regardless of the shapes they assume (enactment of regulation and provision of services). In doing so, the scientific challenge of the thesis is to get to determine why the State acts in cultural heritage, and more specifically why it acts in a certain way rather than another. This functional interrogation, rarely asked by lawyers in France, is of interest as it questions the particular ways in which specific categories of law help to produce - much more than to describe - the choice of a particular cultural heritage protection. Thus, the diachronic observation of services, since the French Revolution, shows that on multiple occasions, these services have found, in all seriousness, their source outside the State, specifically in a community right. Also, beyond a progressive etatization process (which is not in itself very original), a complex reversal of the relation of the State to the society emerges : during the nineteenth and twentieth centuries, the State frees itself from the society, helped by a massive work of doctrinal reconceptualizations. It is only between World War I and World War II, after the failure of theories of social law, that the legal explanation of State services for the protection of cultural heritage is finally locked in the antagonism between the authority of the State and fundamental rights
Voizard, Karl-Henri. "L'Etat culturel et le droit : approche juridique des interventions culturelles de l'Etat en France." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020038.
Full textThis thesis assumes that legal analysis should enlighten the global meaning of cultural actions of the State. Beyond the wide variety of objects concerned, rules composing law oncultural activities of public authorities show common features. Their review shows that principles they follow draw the outlines of a figure: the one of the cultural State. The demonstration is organized in two phases. It is first shown what legal mechanisms are concerned when conventional means of cultural interventions of the State are focused tostrengthen national cohesion: the State produces institutions in order to link people withculture and unite around it. In the same time, it protects the property and agents necessaryto assure these institutions in the long term. It is then shown that the State reforms and cultural law changes did not really bend the initial logic: the legal forms of action are certainly more nuanced, but they change the State culture more than they challenge it
Lacaze, Julien. "Validité et opposabilité des classements au titre des monuments historiques : la protection juridique du domaine de Versailles de l'origine à nos jours." Paris 10, 2004. http://www.theses.fr/2004PA100059.
Full textRoyer, Nathalie. "Le Marché de l'art en droit français, anglais et communautaire." Clermont 1, 2001. http://www.theses.fr/2001CLF10244.
Full textIn the last ten years, in the context of perfection of the European Union and of internationalisation of exchanges, the art market regulation undergone significant changes. Either, the traffic of cultural goods, the auctions regulation, the tax system and also the property rights applied to works of art sales have evolved
Héritier, Annie. "Genèse du patrimoine artistique : élaboration d'une notion juridique : 1750-1816." Lyon 3, 2000. http://www.theses.fr/2000LYO33013.
Full textCharvier, Fanny. "Les compétences des collectivités décentralisées en matière de patrimoine culturel : étude comparée, France, Italie, Belgique." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30068.
Full textThe need to develop policies dedicated to the preservation of cultural heritage has been proven. Today the issue of cultural heritage raises a new problem related to the distribution of powers between different public authorities. In France, it seems that there is a centralizing vision of heritage protection that carries on. Therefore we can ask ourselves how heritage public policies are organized in neighboring countries, especially in the states with a different legal and administrative structure and also more particularly, which position do decentralized authorities get. The comparison between France, as unitary State, Italy, as regional State, and Belgium, as federal State shows similarities and differences. Thus despite a substantially similar historical evolution, the legal framework of which the powers of decentralized communities are part of, is very different from one state to another. It can be seen through sources and criteria of heterogeneous powers repartition.Beyond a diverse context, this three States come together with exercise of powers by decentralized authorities. These have limited autonomy in specific legislation heritage. But it seems that these authorities are more freedom in legislation more general. These heritage policies are in addition to policies based on traditional instruments of preservation
Wang, Li. "La Convention pour la sauvegarde du patrimoine culturel immatériel et son application en droits français et chinois." Paris 11, 2010. http://www.theses.fr/2010PA111002.
Full textWalravens, Nadia. "Les notions de forme et d'originalité appliquées aux oeuvres d'art contemporaines." Paris 11, 2002. http://www.theses.fr/2002PA111011.
Full textGourmelen, René-Jean. "Les régimes juridiques de conservation-protection des monuments historiques : analyse et relecture d'un modèle." Nantes, 2010. http://www.theses.fr/2010NANT4018.
Full textThis research bases itself on the assumption that all the laws and regulations which ensure the protection and preservation of historical monuments constitutes a model, that is to say a coherent system of rules referring to principles and foundations whose origin, dated by the History, is societal and philosophical. The question being then to assess the validity and the strength of model in the light of the development of our positive law. That is why the first part of the thesis examines the history of the construction of the model since its intellectual foundations born under the Lights and the Revolution, its pragmatic construction by the administration of the nineteenth century, its consecration by the law of 1913 which takes account of the spirit of all the major laws of the Republic and in particular of the disruption induced by the law of separation of Church and State and, finally, of its theoretical and intellectual reorganization by André Malraux and doctrines of the Ministry of Culture. During this period of construction, the model is enriched of new concepts such as the protection of the approaches and is freed of quarrels of the history of art, opting for a design intransigent conservation, which is the cause of the protection of monuments and not reverse. The second part of the thesis is based on the idea that, as it seems today, the concept of heritage tends to transform juridical object of historical monuments in giving priority to the protection and the development of monuments on their conservation. The evolution of ideas, under the influence of globalization and the other European models, and the decentralization which tends to defer on territorial authorities and their owners the care of monuments, include risk reduction of protections to a label, which would condemn the model patiently built. The review of decisions of the judge « driven to the wall of monument", marked by hesitations and contradictory positions, reinforces this feel of a possible ruin of a model which seems topical all legal models created by the republican tradition since more than a century to respond to social issues, economic and cultural of the French society. Reread the model to fit our times is therefore question the fundamental values that should govern its confirmation
Tosi, Philippe. "La notion française de trésor national." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1005/document.
Full textThe aim of our thesis is to enlighten the sense of the French notion of national treasure, a specific category of cultural goods, which are not submit to the classical rules of the free movements of goods in the European Union
Moutonnet, de Bernard Paul. "Droit et généalogie." Phd thesis, Université de Grenoble, 2013. http://tel.archives-ouvertes.fr/tel-00972073.
Full textTerrier, Emilie. "Vers une nouvelle figure du droit d'auteur. L'affirmation d'une logique publique culturelle." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3008.
Full textThe fields of copyright and culture seem to be guided by different logics. French copyright law is known to be author-oriented whereas the cultural field is guided by public interest. The aim of our study however is to prove this assumption wrong by demonstrating that both of these logics tend to intertwine. The intangible resources are nowadays a major lever of public action. Reciprocally, in the copyright law system, there is an important dialogue between public interest and author-centered philosophy. The common interest dimension goes way back to the very creation of copyright law. The digital environment contributes, nevertheless, to the raising of new questions about the virtues of copyright law. Those structural movements have a major impact on copyright law. Rather than address the matter of the assertion of a cultural public logic in copyright through the conflicts that can be raised by the meeting of these normative fields, we want to demonstrate the appearance of a new copyright figure. The encounter between the public imperatives and the copyright law creates a new space within the copyright system itself. This hybrid space is composed of both private and public law
Sadoun, Delphine. "Les biens culturels en droit pénal français." Strasbourg, 2011. http://www.theses.fr/2011STRA4014.
Full textThe issue of art trafficking is easy. Every time a work of art is stolen, a part of the History disappears. And unfortunately, they represent an easy way to make money as long as fiscal and customs legislations of many countries are too weak. For those reasons, it is essential to protect the most inestimable works of art. But the struggle against antiquities trafficking should not be forsaken. It represents a huge menace especially as many archaeological sites are not listed. All around the world art trafficking is known and struggled. But to be efficient, most countries should summon up their strength: the various legislations should be in harmony with a world policy in order to be efficient. In fact, art trafficking does not know borders. This illicit market represents a real scourge for knowledge. And it faces legally constituted states too. This thesis will not talk about art trafficking at war or all around the world but in peacetime and especially in France. This study of art trafficking shows the legal means for struggle this phenomenon and wonders if new solutions are possible
Bosseboeuf, Claire. "Les collectivités territoriales et leurs musées : Recherches sur le développement et les modalités de gestion et de gouvernance d’un service public local." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D010/document.
Full textMarchand, Julie. "Les espaces protégés au titre du patrimoine urbain : analyse des conflits à l'occasion des demandes d'autorisation d'urbanisme : transmission et appropriation des politiques publiques par les différents acteurs." Thesis, Tours, 2018. http://www.theses.fr/2018TOUR2001/document.
Full textOur thesis is part of the research field of territory development. Its purpose is to contribute to a better understanding of the stakes that govern the management of protected areas as urban heritage. We approach the question of the disagreement between conservation and urban renewal through the prism of the conflict studies around the requests for building permits in the perimeters due to the opinion of the architect of the buildings of France (ABF). For three protections (secteur sauvegardé, ZPPAUP / AVAP, PLU), and in three cities, Lyon, Montpellier and Tours, the values related to the principle of protection of each space have been compared to the values mobilized by our system of actors we have defined. We looked for the origin of the administrative locks within the procedure, the rule or the report with the ABF. We have addressed the issue of the economic responsibility of the cost of the works as a barrier to heritage rehabilitation. The cultural capital is a decisive variable
Denolle, Alice. "L'accès à la propriété des biens archéologiques. Etude de droit comparé, France, Etats-Unis." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111006.
Full textFrance and the United States have both recognized the importance of preserving archaeological resources against any damage or destruction through legal protection so that their use by present generations and their transfer to future generations may be ensured. This importance is reflected through the existence of a public interest in the preservation ofarchaeological resources. The public interest is rooted in different values which are assigned to archaeological resources and which may be referred to as the cognitive value, the identity value, the aesthetic value and the economic value. In both countries the cognitive value appears to be the cornerstone of protective legislation.Even though the United States and France recognize that there is a public interest in preserving archaeological resources, the ownership of archaeological resources is still deeply governed by common law rules, according to which archaeological resources are seen as mere property. This dichotomy proves to be a source of tension between two competing interests:the public interest which lies in archaeological resources protection on the one hand, and the private interest, expressed through ownership, on the other hand.The legal definition of protected archaeological resources lies therefore at the forefront of the issue. In both countries, there is no uniform status of archaeological resources. However, protective legislation recognizes the very specificity of these resources, developing therefore specific protective schemes. The two legal systems tend to favor public ownership, the state being seen has the most suitable owner capable of ensuring preservation. But private ownership appears to be a strong opposition public ownership has to face. However, private ownership of archaeological resources does not necessarily equal lack of protection.No special property status has thus been implemented in either countries. Conflicts arising between preservation and ownership of archaeological resources in the current protective systems could therefore be resolved by drawing the consequences of the specificity of archaeological resources into the protective schemes
Zabaleta, Eneritz. "Le droit de la langue basque – étude comparée France, Espagne." Thesis, Pau, 2019. http://www.theses.fr/2019PAUU2061/document.
Full textThe study of the legal dispositions ruling the use and learning of the basque language in France and Spain, and the policies intending the revitalization and normalization of the basque language in both territories reveals a political and legal contradiction. Even if the French and Spanish regulations contain opposite principles regarding the recognition of multilingualism in the public sphere and the recognition of the rights of language communities, the public authorities in both countries have applied similar policies with the objective to ensure the use of the basque language in Administration and public service, and to allow that a large part of the population has the possibility to learn the basque language. This contradiction can be resolved with a reflexion concerning the French linguistic model. The thesis offers a proposal to establish a new legal and constitutional conciliation in France permitting a better expression of multilingualism in the public sphere, and securing legally the public policies applied in this country in the benefit of the basque language
Avilès, Flores Pablo. "La construction de l'idée de patrimoine collectif : des collections privées aux nationalisations révolutionnaires." Paris, EHESS, 2015. http://www.theses.fr/2015EHES0034.
Full textThroughout the 20th Century, in different domains and institutions, what seems to be a vocabulary around the collective heritage has taken shape. Yet, the concept contains a contradiction, expressed on different ways, among those a «legal ambiguity ». A « semantic inflation » and a « universalisation ». The current definition of the collective heritage is the product, in one hand, of the history of collections and on the other hand, the arrangement of arts and sciences by the public authority. We wish to conduct a multidisciplinary reflexion underlying the common characteristics all along the history of collection. The cultural heritage is, therefore, a political institution with a particular legal status, requiring publicity. Distinction between private and public property becomes therefore blurred, to the point that the public interest may determine the destination and treatment even of private property goods. The « universalisation of the concept » passes through the history of collectionnisme in the long term to the study of the Commission des monuments, active between 1790 and 1794. The works led by this commission were concerned, at the same time, by the history of collectionnisme since the formation of relics collections, going through the formation of the curiosity chambers, and ending up at the object collecting during the voyages of scientific exploration, and of course, at the establishment of the national collections by the public authority
Restrepo-Navarro, Paulina. "Le droit du patrimoine culturel colombien à l´épreuve de la restitution internationale des biens archéologiques : Quelle approche vis-à-vis des vestiges qui se trouvent à l´étranger ?" Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111007.
Full textIt has been more than twenty-five years since Colombia State ratified the 1970 Unesco Convention and one year later it ratified the 1995 Unidroit Convention. It is now relevant to evaluate Colombia’s cultural heritage law and its perception of the issues surrounding the international trade of archaeological objects and ownership transfer. If archaeological antiquities belong unmistakably to the Nation since 1991, their constitutional protection does not satisfy the nationalistic policy this source country would like to lead.The evaluation of cultural heritage law is a double issue. On the one hand, there is the problem of how the domestic laws are applied to archaeological objects within the national territory. On the other hand, there is the difficulty of implementing domestic legislation when the antiquities are abroad. It is therefore a question of assessing if Colombia’s cultural heritage legislation has a framework that is clear and precise enough to allow the State to succeed in its claims and of defining to what extent it can be reinforced by foreign authorities and courts.Furthermore, international treaties adopted in this field since the second half of the twentieth century seem insufficient to meet Colombia´s concerns. Practice has shown that the international fight against illicit trade is closely bound to domestic laws, either that of the requesting State or of the requested State. The litigation strategies that can be brought before French authorities and courts have been studied as an example.These conflicts concern several actors: States, indigenous people, art dealers and museums. Their different level of interests reveal the complexity of the relationships that can be built among these antiquities considered, according to the stakeholders’ point of view, as identity, sacred, artistic or scientific objects.Finally, the recent development of Colombia’s cultural heritage legislation seems to challenge the country’s relation with its archaeological objects abroad
Lefort, Nicolas. "Patrimoine régional, administration nationale : la conservation des monuments historiques en Alsace de 1914 à 1964." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01037903.
Full textCornu, Marie. "Le droit culturel des biens : l'intérêt culturel juridiquement protégé." Paris 2, 1994. http://www.theses.fr/1994PA020122.
Full textThe subject of my thesis, under the direction of professor tallon, concerns the cultural law of goods and the identification of the cultural interest in so far as it is protected by law. The question is, in fact, not ot describe al the actual bodies of laws, nemerous and sometimes extremely complexe (for example both spheres of picture and protection of historical monuments are governed by a very complex corpus of rules and laws), but rather to appreciate the way in which legal science deals with cultural subject. We assert there is a cultural interest common for all these goods, despite of their great variety. Which are the criterious for it, which are its forms ? first, a work on qualification is necessary to lead the analysis which goods are to be included among cultural goods ? how are they classified by law ? which are the limits ? are they irreductible ? these questions constitute the first part of my thesis. There are some specific features in this property of a peculier nature. So, the second part of my thesis deals with the cultural property, both priovate and shared, because in some aspects cultural goods are common goods. They for the specialm category constituted by goods part of the cultural patrimony is studied under both aspects : being and having
Kante, Bocar Oumar. "Droit du patrimoine culturel en Afrique." Paris 1, 2010. http://www.theses.fr/2010PA010312.
Full textBouchoux, Corinne. "" Si les tableaux pouvaient parler "... Le traitement politique et médiatique des retours d'oeuvres d'art pillées et spoliées par les nazis (France 1945-2008)." Phd thesis, Université d'Angers, 2011. http://tel.archives-ouvertes.fr/tel-00951875.
Full textBories, Clémentine. "Les États et le patrimoine culturel en droit international : les compétences des États à l'égard des éléments du patrimoine culturel." Paris 10, 2008. http://www.theses.fr/2008PA100138.
Full textCultural heritage is a complex and miscellaneous phenomenon that international law has to fit together with the characteristics of states so as to organise its protection. Cultural heritage challenges to some extent the traditional definition of state jurisdiction. It is thus necessary to determine which state(s) has(have) jurisdiction over a particular element of cultural heritage, and to define its(their) rights and duties over it. In this respect, this specificities of cultural heritage, including the human and spatial origin of each one of its elements are partly taken into account by international law. Although the competent entity is traditionally the territorial state, it is subject to many international law obligations due to the special nature of cultural heritage. A general principle of international law may therefore be inferred from the existence of a large number of protective duties. Furthermore, human rights are an extra source of obligations in respect of cultural heritage. Non territorial states also have competences. Every state is being recognised, as a representative of the international community, a general duty to protect cultural heritage as a whole. Some states may also have duties regarding cultural elements located outside their own territory. Some might also be considered as states of origin with respect to cultural properties related to their nationals or their territory, which may entitle them to claim them back if they are no longer located within their boundaries
Négri, Vincent. "L'édification du droit du patrimoine culturel : évolutions et tensions." Paris 11, 2008. http://www.theses.fr/2008PA111007.
Full textAlsalmo, Abdallah. "La sauvegarde du patrimoine culturel immatériel en droit international." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40007.
Full textCultural heritage doesn't only include monuments and the collection of objects. /cultural heritage is about more than monuments or the collection of objects. It, also, includes the traditions or the modern inherited expressions from our ancestors and transmitted to our descendants, what we call the intangible cultural heritage. The importance of this heritage doesn't reside so much in the cultural demonstration itself, but in the richness of knowledge, and the know-hows that are transmitted from one generation to another. This transmission of knowledge has social value, economical, cultural and legal relevance for minority groups, as well as for the main social groups, and is also, important for the world. The choice of the techniques used for international protection is linked directly to the objectives pursued by the UNESCO. Beyond the text of the 2003 convention and other international agreements adopted by the UNESCO, it can perhaps be useful to tackle more widely the legal solutions of the intangible cultural heritage. The aim of our study consists of analysing the normative action concerning the intangible cultural heritage in placing the light on the definition of the intangible cultural heritage as well as the international standards important to its protection and also in tackling the question of effectivity and efficiency of the international protection of this heritage. In conclusion, the results for the normative action and effectivity do not escape our analysis. It is, in the end about the possibility of putting in place a plan for the protection of a better future
Boucetta, Abbès. "Le statut du patrimoine culturel en droit international : contribution à l'étude de la notion de patrimoine culturel de l'humanité." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32006.
Full textThe statute of the cultural patrimony is not to be found in a code. It is to be discovered in scattered legal national and international instruments. The misdeeds of wars and of all kinds of armed conflicts, the foreign occupation man's and time's damages, the spoliations the illicit transfers of property of cultural patrimony are so important and so numerory that they concern all the countries. The international community, in all its components, reacted to help the states to insure the protection and thes safeguard of their cultural patrimony, especially those which present a universal and exceptional interest. This protection should exist in peaceful time as well as in wars. This research and synthesis work establishes the statute of the cultural patrimony in international law, and its material and nonmaterial contents, its also draws the main lines and the main pronciples of the law mechanismes which preside over the imperative of protection and safeguard of all the cultural heritage, of all the oral and non-oral traditions that are devoted to humanity, for they constitute the cultural patrimony of the nations
Hlioui, Berradia Nejla. "Les droits au patrimoine culturel : approche internationale et régionale." Rouen, 2012. http://www.theses.fr/2012ROUED007.
Full textThis thesis endeavors to draw up a typology of the rights to cultural heritage acknowledged in the international and regional texts and to investigate the various mechanisms which guarantee them. The study of the various instruments of protection of human rights, on the one hand, and the protection of the cultural heritage, on the other hand, reveals that there is recognition, generally implicit, of human rights which favor the link of human beings in the cultural heritage. These rights pertain to two main categories: the rights to participate in the protection of the cultural heritage of its choice and the rights to access to cultural heritages of national, regional or world value. These rights are spontaneously concretized thanks to the progressive integration of objectives which tend to make them operational in the regional cultural programs. They are also concretized thanks to the augmentative strategies of the applicants and to the often extensive interpretation by the judges of human rights of the answerable rights from whom they ensue. The recognition of the rights to cultural heritage and their realization testify to an awareness which evolved over time and which could evolve more towards a full guarantee of these rights
Parisot, Véronique. "Essai sur la notion juridique de bien culturel." Dijon, 1993. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/42b2f52d-ff4d-42b7-8ae8-fe2e45254ef5.
Full textCultural property has come to the fore as a social phenomenon but despite long-standing international regulations it still has no sound basis. Its protean nature makes it hard to qualify and any attempted definition runs up against the difficulty of identifying criteria for setting up an effective system of protection. It is original in that it has an incorporeal essence separate from its material medium. This specificity is brought out in the analysis of its movement. As a specific type of property it cannot obey the rules of circulation created for goods and enjoys a dispensatory status the basis of which can only be understood by conceiving of an original means of ownership
Ben, Amor Oualid. "La protection des biens culturels en droit international." Lyon 3, 2003. http://www.theses.fr/2003LYO33015.
Full textTurhalli, Zeynep. "La protection du patrimoine culturel des minorités en droit international." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100188.
Full textThe cultural heritage of minorities comprises the works of its artists, its intellectuals, as well as all the creations arisen from its memory and the collective knowledge, such as the languages, the shared rituals, beliefs, and ways of life, those mark the cultural identity of the group and give the sense to the lives of its members. How to protect the cultural heritage of these groups and ensure their contribution to the common heritage of mankind? The first difficulty in this regard is the presumption that the cultural heritage of these groups is linked to their collective identity. Thus, the protection of the identity depends to the recognition of the group as the subject of international law. From this point of view, international law is a system made by and for the legal entities such as States and the international organizations. The individual finds its place in this order as subject of human rights. Nevertheless, collective entities like peoples, minorities and indigenous peoples need a legal recognition. On the other hand, the generality of the concept of cultural heritage it self is a second obstacle before its legal recognition. In the absence of explicit conventions defining it, the cultural heritage of these groups covers a vast and complex reality hard to recognize in legal terms. In this thesis we analyze how does international law protects the cultural heritage of minorities. We consider, although there is not still any clear and unified legal definition of cultural heritage, recent developments demonstrate the emergence of a customary international law protecting the cultural heritage of these groups
Ballestrero, Fiamma. "Le patrimoine culturel italien : marché illicite et instruments de protection." Paris 10, 2003. http://www.theses.fr/2003PA100104.
Full textAccording to a research of the UNESCO, Italy owns 45% of the word art heritage. Unfortunately, Italy is also top of the list in the illegal trade of works of art. In 1994 the Censis said that such trade was works of art is still nowadays an important social and economic problem. The aim of this thesis is to analyse the present juridical situation of works of art in Italy. The system of juridical protection set up on a national level as well as a European Community and international levels seems defective. In Italy neither the Penal code nor the Code of criminal procedure provide for suitable sanctions concerning the protection of works of art. That is why measures of dissuasion and prevention are rarely carried out. Mafia has not been slack about getting interested in so rich profitable trade, with the consequent strengthening of the links between criminal organizations and illegal trade of works of art. Opening the Community borders has made their exportation far easier. Therefore, it is urgent to find a legislative and institutional solution which allows to prevent the growth of such trade, also because in the last few years a lot of works of art have been found out, but they have never been given back because of the lack of consistent national and international legislation. Italian public opinion is more and more concerned with this problem the consequent impoverishment of the national heritage. That is why lately, a process of improvement has been started and Parliament, regional and local authorities as well as numerous cultural Associations and Foundations have opened the way to reforms
Beilvert-Dubreil, Bernadette. "Créance, patrimoine et entreprise." Nantes, 1998. http://www.theses.fr/1998NANT4015.
Full textProgressively, a notion of concern has been constructed in the contemporain law. The activity made by the economic entity changes the traditional law notions of claim and patrimony. The business agreements create a new law. The laww and specific icaim, is disappearing beacause of the voluntary payment, of the collective procedure or the rase of gauranteed third payment. Companies increase the notion of patrimoy by devolopping an economic unity araudn a common interest. The legalrules had to change. But, the common notion of company is not sufficient today and calls for a new definition. The contemporary company is mainly a potentiality of market. Its intangible characteristic shows off that it car be named sa +the law of company ;. It can be named as a property if it is accepted as the expression of a transferabe and inde pendent value. So it can be induded in law as a transferable and movable property giving to its owner the prerogatives of real law. The law of company can be used as a guarantee of third payments end charges the relation of the traditionally personal obligation into rela one legal mechanisms like the trust, the subrogation guarantee, the accomplishment of the obligation. The transferable characteristic of the law of company does not present from the guarantee of thrid payments if it is distrainable ands sets new details in order to provide legal security. A company status, near from the notion of goodwill will be benefceal in the french law
Kianguebeni, Ulrich. "La protection du patrimoine culturel au Congo." Thesis, Orléans, 2016. http://www.theses.fr/2016ORLE0001/document.
Full textCongolese cultural heritage law is recent due to the young age of legal tools. In fact, this law that is inspired by French law because of cultural assimilation from French colonization. Instituted in a particular historical context, current conception of cultural heritage in Congo has been an emanation of colonial administrators and missionaries. This conception is essentially based in French cultural values. As a metropolis, France instituted the application of its laws in the colonies. An application not followed of actions because of the lack of heritage in the western understanding in Congo. When Congo got its independency in 1960, new Congolese elite graduated in French schools opted for a legal and institutional imitation to rule the State but also to protect cultural heritage. Consequently, first laws that illustrate this imitation are the Law 32/65 of August 12th 1968 providing the state with the possibility to create organs to develop culture and arts and the Decree 68-45 of February 19th 1968 fixing the operation procedures of the Law32/65 of August 12th 1968. This imitation revealed gaps because Congolese social and cultural conditions have not been taken into account. Therefore at the end of the 1970’s, there has been an attempt to come back to the traditional conception of cultural heritage, with for example the affirmation of Congolese cultural heritage. Congo still emphasizes this interest for the protection of cultural heritage by cultural development policies and adoption of two laws: the Law N°8-2010 of July 26th 2010 on the protection of national cultural and natural heritage and the Law N°09-2010 of July 26th 2010on the orientation of cultural policy in Congo. This is an additional walk towards the protection of cultural heritage, although this is still embryonic and very insufficient. However, it must be stressed that protection of cultural heritage encounters many difficulties linked to human and financial resources. This is why this work proposes some measures and initiatives in favor of an effective protection and management of Congolese cultural heritage
Khalaf, Husam. "Le droit du patrimoine culturel en Irak : approche locale et internationale." Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10424.
Full textIn the twentieth and twenty-First centuries, the idea of protection of tangible and intangible heritage and cultural properties developed tremendously at both national and international levels. This idea is specially coming out by defining the properties to protect, developing the standards necessary and establishing the institutions mandatory for this purpose.This study focuses on the formation of cultural heritage law in Iraq in a historical perspective by tracing the genesis of concepts related to cultural heritage, evolution of the legislation but also by analyzing the institutions and legal Contemporary rules developed to ensure the protection. In case of Iraq, especially with the recent conflicts, the embargo years and the damage caused to the cultural heritage, the effectiveness of national and international provisions remains questionable.From an analysis of committed violations despite international conventions, determination an implementation of the responsibility for the cultural heritage may be considered. Since 2003, a strategy is established to strengthen the protection, to conserve and valuate this precious heritage with the support of international cooperation. Using all these elements, this thesis suggests recommendations to contribute to further possible developments
Boul, Maxime. "Le patrimoine immatériel des personnes publiques." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10016.
Full textThe public intangibles deeply shift the public property law. The report « The economy of the intangible: tomorrow’s growth » published in 2006 started an awareness of intangibles in the public heritages resulting on the establishment in 2007 of the Agency for Public Intangibles ofFrance (APIE), a government agency with national authority attached to Treasury Directorate General and Public Finances Directorate General. The rising interest for intangibles manifests a political will to value because they are an underutilized wealth. These assets are complexly identified in law because “intangible asset” is an accounting concept. Moreover, Intangibles law is built in the margin of the general Code on public property adopted in 2006, which is mute on its applicability to these intangible goods. Intangibles’ inclusion in the public estates consequently raises the issue of their incorporation in the public domain. The hypothesis of an intangible public domain means that the characteristics of condition and legal structures of these goods has to be studied, as well as its compatibility with economic valuation’s imperatives among other public utilities
Etiembre, Loïc. "La communication des Journées du patrimoine : de la dimension institutionnelle à la dimension symbolique." Avignon, 2002. http://www.theses.fr/2002AVIG1030.
Full textHéritier, Annie. "Genèse de la notion juridique de patrimoine culturel, 1750-1816 /." [Paris] : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb39016338s.
Full textNotice réd. d'après la couv. Bibliogr. p. 279-297. Index.
Ridings, Meryll. "Le droit de l'urbanisme et l'intérêt culturel juridiquement protégé." Avignon, 2008. http://www.theses.fr/2008AVIG2016.
Full textCultural goods are protected because they are endowed with cultural interest. Cultural interset can entail patrimonial interest inasmuch as it allows a possession to be termed cultural. A given possession can evince cultural interest. For various reasons, e. G. Historically, artistically, literarily, aesthetically, etc. It behoves the legal and political authorities to determine what possessions carry specific cultural interest, and of what nature. The purpose of this study is to inquire into the manifestation of cultural interest in town-planning law. Town-planning laws protect architectural complexes consisting mostly of smaller units whose patrimonial interest lies their being part of complexes. Such a policy, which purports to safeguard and valorize urban property, makes it possible to defend architectural beauty. In town-planning legislation , therefore, aesthetic interest is a patrimonialization criterion and relates to cultural interest, which is protected by town-planning laws
Turner, Stefan. "Das Restitutionsrecht des Staates nach illegaler Ausfuhr von Kulturgütern : Eigentumsordnung und völkerrechtliche Zuordnung /." Berlin : De Gruyter, 2002. http://catalogue.bnf.fr/ark:/12148/cb399501203.
Full textGuyomarc'h, Armelle. "La décentralisation de la protection et de la gestion du patrimoine culturel." Paris 1, 1999. http://www.theses.fr/1999PA010262.
Full textThe extension of local government for the protection and the administration of the cultural common inheritance of a nation looks like a paradox. The protection's juridical system of the classified historical monuments is based on a very strong administrative centralization. The 1887' and 1913' laws can be considered as the keyes of the administrative system. The public interest has available the only juridical intervention of the central state to protect the historical monuments by administrative procedures which are the classification or the inventory's inscription of culturel objects, realities or personnalities. This kind of protection is based on the special administrative police procedure which can be very compellable for the private or public owners. The cultural regionalism movement has pre-existeed to the political regionalism movement. This matter of fact has allowed local organizations to realize the importance of their own cultural historical monuments which was not protected by the classical laws ; of the nation. The historical monument's law based on the administrative policy doesn't give any possibility to the local organizations to protect by themselves whereas the majority of the cultural historical monuments belong to them. The extension of local governement since 1982 has allowed the local organizations to become public law's legal entities with rights and obligations. The competences' transfer in the cultural field has been minor, the classified historic monuments's juridical protectionhas been clearly ignored in this policy. The competence's transfer has been only reached in two categories : the archives' and public libraries' administration. Facing this juridical blank, the local organization has developped other juridical ways to protect and manage their historical cultural objects. The extension of local governement in the town planning has given them new methods of protecting their historical monuments. They also open out new institutionnal and operationnal means of management for their cultural objects (local civil servant, contracts. . . ). The expansion of communautary policy is a new challenge for them. But the rules are still commanded by the central organization
Stavraki, Emmanuelle. "La convention pour la protection des biens culturels en cas de conflit armé : une convention du droit international humanitaire." Paris 1, 1988. http://www.theses.fr/1988PA010290.
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