Dissertations / Theses on the topic 'Procédure (droit) – États-Unis'
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Baud, Marie-Sophie. "La manifestation de la vérité dans le procès pénal : une étude comparée entre la France et les Etats-Unis." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020056.
Full textAmerican criminal law traditionally strives more towards the formal truth, guaranteeing respect for due process, than to the material truth. However, over the last few decades, the discovery of numerous miscarriages of justice has led many American legal experts to question the excesses of the adversarial procedure. Conversely, under the influence of the European Convention on Human Rights, France has progressively been calling into question the principles of the inquisitorial procedure, placing greater value on the notions of the fair trial and equality of arms to the detriment of the material truth. And so, on both sides of the Atlantic, there are those who are in search of a new procedural model
Pouget, Jean-Philippe. "La responsabilité du Président en France et aux Etats-Unis : De l'"impeachment"américain à la procédure de destitution en droit français." Paris 2, 2009. http://www.theses.fr/2009PA020078.
Full textWang-Foucher, Haiying. "Pouvoirs de l'administration et garanties du contribuable dans la vérification de l'entreprise : (étude comparative : France, Chine, Royaume-Uni et États-Unis)." Paris 1, 2007. http://www.theses.fr/2007PA010266.
Full textMaamouri, Abdelkrim. "Droit au procès équitable et due process of law : étude comparée : Etats-Unis, France et Convention européenne des droits de l'homme." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32008.
Full textThe French and European systems of the right to a fair trial and the American Due Process of Law are traditionally presented as contrasting and radically different models of justice. In the first part of this dissertation, we have checked the inaccuracy of this idea. Indeed, the globalization of a shared theory of the Rule of Law had allowed a great convergence of the protection of the right to be heard in court and the effectiveness of this guarantee. Thus, the value of this first part consisted in dissipating the misunderstandings and in demonstrating the increase of the similarities operated thanks to the expansion of the consensual doctrine of the Rule of Law. On the contrary, in the second part, we noticed that the variety of the purposes looked for through the trial, produced different theories of the procedural safeguards during the trial. The right to an accusatory procedure and the right to the presumption of innocence are differently tailored, depending on whether the first goal of the process is to seek the material truth or to ensure procedural fairness. Thus, the importance of this second part was to explain the divergences of the procedural guarantees in the respective systems. Finally, this research represents, beyond their convergences, an illustration of the specificities of the civil law and common law models of fundamental rights of procedure
Auber, Emmanuel. "Analyse comparative de la répartition des compétences dans l'Union européenne et dans la fédération des États-Unis d'Amérique." Paris 2, 2007. http://www.theses.fr/2007PA020025.
Full textScotto, Fabrice. "La codification du droit dans la deuxième partie du dix-neuvième siècle dans l'état de New York aux États-Unis d'Amérique : vie et oeuvre de David Dudley Field." Poitiers, 2008. http://www.theses.fr/2008POIT3014.
Full textDavid Dudley Field (1805-1894) was greatly influenced by the English philosopher and legal reformer Jeremy Bentham, and the experience of codification in Louisiana. Starting as a Lawyer in New York, he became the most virulant defender of procedural and substantive reform and codification in the state of New York with the adoption of his code of civil procedure which successfully merged common law and equity for the first time in the common law world (1848). His project of civil code was less successful in the state of New York but was adopted in California (1872) with the help of his younger brother Stephen Field
Jeanne, Aimée. "L'intégration négative des marchés aux Etats-Unis et dans l'Union Européenne." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010288/document.
Full textThe establishment of an internal market results, in legal terms, from a dual mechanism: a mechanism of negative integration and a mechanism of positive integration. Negative integration refers to the prohibition addressed to the States and their local authorities, ta impede interstate movement of goods, persons, service and capital. The U.S. Constitution and the Treaty on the Functioning of the European Union contain provision allowing the integration of state markets. The Supreme Court and the Court of Justice of the European Union have played, in this context, a major role in specifying the meaning ta be given ta these provisions. They have in this regard, developed a similar framework to identify measures that are likely to restrict freedom of movement and ta examine whether such measures could be justified by a legitimate interest of the States. They way left to the States differs, however, substantially since the goals of negative integration are only partially identical. American case law is, indeed, essentially based on the anti-protectionist doctrine while F.U case law is based on a more dynamic principle of market liberalization. This difference is indicative of different approaches regarding the purposes of each Union and the roIe of the judge. The U .S. judge ensures, above all, that the division of competences, as provided by the Constitution, is enforced whereas the role of the ECJ is essentially to guarantee market integration
Dumont, Sylvie. "Le contentieux agricole Etats-Unis / C. E. E. : la guerre des subventions à l'exportation." Lyon 3, 1991. http://www.theses.fr/1991LYO33007.
Full textPART I IS DEVOTED TO A PRESENTATION OF THE ASPECTS OF THE USA E. E. C AGRICULTURAL EXPORT SUBSIDIES WAR SINCE THE BEGINNING OF THE EIGHTIES: - THE CONFRONTION ON THIRD EXPORT MARKETS PROVOKED BY THE ACCUMULATION OF SURPLUS (WHEAT, DAIRY PRODUCTS, SUGAR, POULTRY MEAT) GENERATED BY THE AGRICULTURAL PRICE AND INCOME SUPPORT POLICIES AT A TIME OF DESCREASING WORLD FOOD DEMAND (CHAPTER I); - THE DISPUTE ABOUT GATT (GENERAL AGREEMENT ON TARIFFS AND TRADE) RULES GOVERNING AGRICULTURAL EXPORT SUBSIDIES, AN INADEQUATE SET OF PROVISIONS WHICH COULD NOT ENABLE GATT DISPUTE SETTLEMENT PROCEDURES TO SELTLE E. E. C DISPUTES with RESPECT TO EEC EXPORT REFUNDS TO WHEAT FLOUR AND PASTA (CHAPTER II). PART II ENVISAGES THE PROSPECTS OF THE DISPUTE'S FUTURE. IT STARTS WITH AN ASSESSMENT OF THE CHANCES OF A COMPROMISE (CHAPTER I) AND A PRESENTATION OF THE DIFFICULTIES TO COME TO AN ARRAGEMENT, ESSENTIALLY DUE TO THE POLITICAL POWER OF THE FARM LOBBIES IN BOTH COUNTRIES AND THE DIVERGENCES OF VIEW BETWEEN THE USA AND THE E. E. C WITH RESPECT TO INTERNATIONAL AGRICULTURAL TRADE. THIS CHAPTER ALSO EXAMINES THE FACTORS STIMULATING THE SEARCH FOR A COMPROMISE. CHAPTER II STATES THE ATTEMPT OF REACHING A COMPROMISE DURING THE GATT MULTILATERAL TRADE NEGOTIATIONS, THE URUGUAY ROUND, AND AFTER THE FAILURE OF THE BRUSSELS MINISTERIAL CONFERENCE IN DECEMBRE 1990. ENVISAGES THE POSSIBLE RESULTS OF THESE NEGOTIATIONS
Dumas, Rafaële. "Juger en justice : influence de la mise en récit des conclusions du juge d'instruction sur les jugements judiciaires." Rennes 2, 2007. https://theses.hal.science/tel-00189949/fr/.
Full textThe Story Model of juror decision making (Pennington & Hastie, 1993) argues that jurors’ verdicts are determined by a logic of story reconstruction of evidence. Developed in a North-American judiciary procedural context, this model has received empirical supports through experimental methodology reflecting the adversarial justice system. The aim of the present work is to examine the story model on jurors’ judgments construction inserted in the French inquisitorial system. This latter can be distinguished by the fact that it implies a pretrial investigation conducted by a judge in an impartial stance. The reading of the pre-trial judge’s conclusion, recorded in an order, is the first information jurors are confronted to during the trial. Thus, the information organisation of the pre trial judge’s order can be decisive in jurors’ judgment construction. First, an analysis of the organisationnal pattern and discursive style of a judge’s orders corpus show a fairly important variability in the evidence report. Then, a research program of six experiments was carried out to test the hypothesis about the consequences of information organisation in judges’ order. Results are opposite to the pattern predicted by the Story Model. Therefore, more specific conditions were determined the predictive validity of the story model in an inquisitorial procedural context. Ina more widely perspective, this work questions the adaptation of psychological models between different judicial systems and culture
Ravel, d'Esclapon Anne de. "La lutte contre les paradis fiscaux à l'aune des exemples français et américain." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA013.
Full textFinancial scandals and the massive drain of tax revenue have highlighted the fight against tax havens. At a national level, France and the United States are strengthening their laws in order to eradicate tax havens. They focus on tax cooperation. But the fight has to be also at an international level. The OECD and the European Union are adopting an important series of measures about tax cooperation. The fight against tax havens is organized around two main lines: unilateralism and multilateralism
Vialfont, Arnold. "Analyse économique des procédures négociées en droit de la concurrence." Paris 2, 2009. http://www.theses.fr/2009PA020079.
Full textZhou, Yuanzhi. "L'harmonisation des législations de l'insolvabilité bancaire : utopie ou nécessité ?" Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D010/document.
Full textThe systemic risk of the financial failure of the banking institutions has overturned profoundly the limits of the competence of the national legislations. Though the banking activities have the characteristics that serve the general interest, the great disparity between those jurisdictions creates the instability of the national and international markets. However, the major jurisdictions whichever the Europe, the UnitedStates or the China, have revealed overall convergence in preventing or resolving the risk of the bank failure, in a “lex argentariae” of a group of professionals that are homogeneous. The comparative analysis of those legislations that prevails the intervention of the administrative authority has clearly indicated the economic and financial needs, while the judges on bench, though of being subsidiary, continue to impose the solutions that has the authority erga omnes, and maintain their core functions, particularly the protection of the individual rights and freedoms. In order to surmount the utopia of a unified international legislation, the analogy of the solution has raised another important question, which is, the global coordination of the administrative and judicial intervention. These thoughts are confirmed by the evolution of the European Banking Union and of the activities of Chinese banks abroad
Mbouck-Dongmo, Agnès Judith. "L'étude de la situation du conjoint du débiteur dans les procédures de règlement du passif : réforme du régime matrimonial légal à la lueur d'éléments tirés du droit américain." Lyon 3, 2002. http://www.theses.fr/2002LYO33028.
Full textAllard, Baptiste. "L'action de groupe : étude franco-américaine des actions collectives en défense des intérêts individuels d'autrui." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB128.
Full textThe French debate on collective actions is characterised by a central contradiction: while US class actions almost systematically serve as the starting point of discussions among French lawyers, they remain widely unknown to them. Being a reason for hope, admiration as well as fear, the American model of class actions can explain why the introduction of collective actions in French law was decided, why it was delayed for so long, and the many flaws of the resulting legislation
Stylios, Alexandre. "L'aveu dans les traditions occidentales accusatoire et inquisitoire : une brève histoire de l'aveu en droit pénal." Thèse, 2016. http://hdl.handle.net/1866/18527.
Full textThis thesis analyses confession in Western legal traditions through a historical approach starting in antiquity. Through the study of English, French and Canadian law, it shows how the suspect’s statements have been apprehend by the accusatorial and inquisitorial systems of criminal justice, revealing that confession has always constituted and still constitutes to this day the cornerstone of truth and justice in criminal procedure. It also explains how confession, influenced and transformed by religion, has become an independent means of proof in both systems as a way to both identify and understand the guilty.