Dissertations / Theses on the topic 'Procès de'
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Messeroux, Yasmine. "Secret et procès pénal." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10008.
Full textConfidentiality calls for the respectful preservation of the individual's rights and integrity during the criminal process. Therefore, it has been universally recognized and deemed important worldwide. Seen as sacred to the individual, confidentiality is a continuation of Human rights. Seen as an obstacle to any attempt of governmental intrusion, it is therefore important to the protection of the individual's rights, as stated by the following international bodies of law: the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948, the European Convention on Human Rights and Basic Freedoms adopted by the European Council on November 4, 1950, and the International Covenant on Civil and Political Rights adopted by the United Nations on December 16, 1966. This international protection is reinforced by internal decisions made in every country, combining in most cases some aspects of civil and cri minal nature. Confidentiality appears in every stage of the criminal process : during the police investigation and charges or during trial and jury deliberations on the innocence or guilt of the defendant. Even beyond the trial, confidentiality becomes integral in the rehabilitation of the condemned
Gerbay, Nicolas. "L' oralité du procès." Paris 1, 2008. http://www.theses.fr/2008PA010311.
Full textPouzieux, Christophe. "Le procès de Louis XVI." Orléans, 2001. http://www.theses.fr/2001ORLE0003.
Full textFerrié, Christian. "L'interprétation de texte en procès." Paris 4, 1994. http://www.theses.fr/1994PA040214.
Full textThis thesis in philosophy deals with the discipline which should be the guideline in a history of philosophy so that a truthful dialogue with the texts could do justice to what these interpreted texts actually mean. Such a discipline of textual hermeneutics is often replaced by a tendency to make sense of these texts without respecting any rigorous rules. The undisciplined practicing of interpretation removes the conception of any truthful textual interpretation. So this thesis presents examples of different ways which permit a truthful identification of meaning thanks to a very accurate, literal but also critical, reading of a text. The exegesis of the transcendental deduction of categories by Kant (chapter II) as well as the study of the hermeneutic theory by Heidegger (chapterV) will be followed by an essay on the Heideggerian interpreation of Kant which shows the logical process of distortion in the meaning because of a reading of the text based upon presuppositions wrongly attributed to it (chapter VI). This thesis intends to convey the idea of the fruitfulness of a textual interpretation in which the critical discussing of the arguments is based upon a truthful identification of the meaning thanks to methodical proceedings that could be used for any text
François, Lyn. "La médiatisation du procès pénal." Limoges, 2001. http://www.theses.fr/2001LIMO0483.
Full textBosc, Valérie. "Le concept de procès pénal." Montpellier 1, 2004. http://www.theses.fr/2004MON10061.
Full textSubject to a combination of varied influences, stability has been stripped from the very concept of the legal trial. Its temporal parameters have been transformed as a result of the concentration of multiple factors: a rising number of incriminations, the change in function of fundamental players and even the increase in collective lawsuits. Equally, alongside this, the increasing hold of the European convention for the rights of man merely adds to the difficulty in soliciting clear-cut and inviolable boundaries around this institution. By promulgating internal jurisprudence and providing a separate definition of the notion of what is penal, the European court of human rights rulings have led to uncertainty in the basic understanding of the legal trial. The dispersion of the power to repress crime corresponds to the dissolution of the concept. This dissemination, both in form and in substance, is of further interest when it is established that it does not prevent a stable apprehension of the concept of legal trial definitively. To the contrary, the latter can be rebuilt around elements that were originally considered separate. Thus, from different sets of definition criteria, through their multiplicity, an overall order and a subjacent structure can be achieved. Analysing the concept offers a newer and wider view of the legal trial giving a better insight into its density and universality
Aubijoux, Imard Patricia. "Le dialogue dans le procès." Paris 2, 1999. http://www.theses.fr/1999PA020086.
Full textDesprez, François. "Rituel judiciaire et procès pénal." Montpellier 1, 2008. http://www.theses.fr/2008MON10030.
Full textTrial is subject to a double kind of formalism. Procedural rules, which are an implementation of the guiding principles of the trial permitting a good administration of justice, are combined with rites which are a vector for a sacralisation of justice and which can be accounted for by the willingness to reach an ideal of justice. Rituals are inherent in the judicial institution as a whole, but have an even more important value in the field of criminal law, in particular in trial hearings. They enable a representation of justice’s virtues and constitute a basis for contradictory debate. However, legal rituals are not as important now as they used to be. First of all, they have been affected by managerial justice which favours efficiency to the detriment of symbols and develops a type of justice that circumvents the traditional hearing which is the main space where rituals can be performed. In addition, justice, in particular criminal justice, has undergone a major transformation what has consisted in highlighting the guiding principles of the trial to the detriment of the sacralisation of justice; procedural rules are privileged over rites. What’s more, while ritual formalism mainly applies to hearings, procedural formalism concerns criminal trials. Besides, this transformation is larger than the trial itself, and has an impact on both the judge’s legitimacy and on the res judicata
Siber, Jonas. "L'image et le procès pénal." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0116/document.
Full textToday, with the rise of new technologies, the image is playing a leading role in our society. If it has been incrementally utilised by the general public, the field of law has also increasingly developed and put this tool to use. The advent of the image has impacted all areas of law, including criminal law and more specifically criminal proceedings. However, it would be wrong to say that it is currently present throughout the whole procedure, where its appearances are surprisingly rare. This leads us to question the place and role of this multiform tool within this wide system. In reality, the image covers all aspects of the criminal trial in its entirety, from the first stage of the investigation to the delivery of the judgement. And even more, as the image goes beyond this framework, by its upstream presence before a criminal act is committed, and downstream from the hearing. In this way, the image appears in a multiplicity of forms throughout all steps of the procedure. However, the diversity of its uses is not the only explanation to its recurring presence, as it also has the ability to serve different purposes. The different forms of an image allow for a variety of uses and purposes, sometimes complementary, but other times very diverse. We can notice, nevertheless, a fundamental distinction between an image serving probationary purposes and used for the proper administration of justice. Present throughout the criminal proceedings, the image will clearly be confronted with all the main principles that govern criminal matters, particularly in its procedural aspect. At a time when a comprehensive reform of criminal proceedings is constantly put forward, the study of a transversal notion, simultaneously serving the establishment of the truth and the good administration of justice, may be necessary if the system needed to evolve. The image would then be considered as the breadcrumb trail on the « path leading to the sentence »
Haghebaert, Élisabeth. "Improvisations pour un procès-verbal : production textuelle dans Le procès-verbal de J.M.G. Le Clezio." Thèse, Université du Québec à Trois-Rivières, 1989. http://depot-e.uqtr.ca/5753/1/000574361.pdf.
Full textChrétien, Anne-Sophie. "Contrat et action en justice." Nantes, 2000. http://www.theses.fr/2000NANT4013.
Full textBeker, Nicolas. "Droit fiscal français et procès équitable." Paris 5, 2005. http://www.theses.fr/2005PA05D011.
Full textElabé, François. "L'arbitre unique dans le procès international." Orléans, 1986. http://www.theses.fr/1986ORLE0002.
Full textThis thesis is concerned with the analysis of the sole arbitrator's system in the framework of the international proceedings at law. The disputes at law which form the subject of those proceedings can oppose either some states between them, and others against some international organizations, or several states against a few private individuals, in the framework of their contractual relationships. He analysis of the sole arbitrator system is done through a thorough examination a great part of the status law delivered by that organ in the framework of international public law and mixed conflicts opposing some states to some private individuals. The first part is devoted to the analysis of the sole arbitrator place as a juridical proceeding of international conflicts. The second part is devoted to different fields where the sole arbitrators intervention raises up numerous controversies now. Another matter of controversy is the problem of internationalization of contractual relationships between states and private individuals. The sole abritrators role in these attempts of eviction of the state national law contracting from the knowing of concluded contracts between this one and foreign companies, otherwise the more general problem of the sole arbitrator's position of this kind of conflicts opposing more often the third world countries to the western companies
Mairot, Adrien. "La société partie au procès civil." Besançon, 2010. http://www.theses.fr/2010BESA0001.
Full textThe French rules of civil procedure established first with regards to natural persons have been extended to artificial persons. The civil procedure code thus makes no special provision for these latter legal subjects. Artificial persons and natural persons do not, however, share the same characteristics. For example, all companies distinguish themselves by their unique image, which influences not only their legal personality but also the exercise of their rights. This specificity has an impact on the procedural regime applied to companies. Since legal personality is simply the status under law of the artificial person, if the character of an artificial person is artly determined by its image, that of the legal personality is also. Likewise, if appearances affect the exercise of companies' rights, the same is true with respect to their involvement in civil procedure. Accordingly, when a company becomes a litigant, certain peculiarities emerge. Admittedly, the procedural regime is basically the same as that which applies to natural persons. It does, however, undergo a number of adjustments. The jurisprudence of mainline railway stations perfectly illustrates this shift. In other words, despite a unitary presentation of legal subjects, the study of companies as parties in lawsuits reveals that judicial rules are sometimes adapted to take into account the specificities of these artificial persons
Yanamadji, Tolnguedji Gilbert. "L'expert judiciaire dans le procès civil." Poitiers, 1992. http://www.theses.fr/1992POIT3006.
Full textWhen a civil case presents a problem of a purely technical character which the presiding judge considers to be beyond his competence, he designates an officially recognized consultant to assist him in an advisory capacity. As the consultant is called upon to assume part of the power of the judge, he must act in such manner as to prove that he is worthy of the confidence that the judge has placed in him. The consultant's technical expertise and his perfect knowledge of the guiding principes of civil procedure ensure that he participates in the legal process in a manner that guarantees his own independence and scrupulously respects the rights of the parties involved. It is this special role that is studied in the first part of the thesis. Once the consultant has been designated, he becomes part of the judicial system as he is exercising an official function alongside his usual private practice. This dual function leads to a necessary ambiguity in the status of the consultant and is the subject matter of the second part of the thesis
Woitier, Maud. "La caution et le procès civil." Paris 1, 2011. http://www.theses.fr/2011PA010293.
Full textDescot, Nathalie. "La participation effective au procès pénal." Saint-Etienne, 2006. http://www.theses.fr/2006STETT081.
Full textThe requirement of an "effective participation in the criminal proceedings" emerges from the many decisions of the European Court for Human Rights, thus endowings it with its specific meaning and its own content. An effective participation in the criminal proceedings amonts to an understanding of the various stages of the proceedings in order to act dynamically at the heart of the procedure. The requirement of an "effective participation in the criminal proceedings" finds its meaning at the contact with individual criminal subjects, to the interest of whom it establishes an uncompromising protection, for these subjects are incapable to effectively take part in the proceedings without adjustements being made in the ordinaryproceedings. It is thus essential to give the judge the appropriate tools to identify each situation of incapacity in order to apply to those incapable subjects special procedural rules, which are intented to remove obstacles in a full and effective participation in the proceedings. For each situationof incapacity the objectif is to elaborate procedural adjustements, or to reinforce those already in use, according to their intrinsic or extrinsic characteristics, which are the grounds for the incapacity. This established increased protection towards those incapable subjects enables them to benefit a full "effective participation in the criminal proceedings"
Bossan, Jérôme. "L'intérêt général dans le procès pénal." Poitiers, 2007. https://hal.archives-ouvertes.fr/tel-01882046.
Full textIn France criminal proceedings are usually understood as opposing one individual, defending his or her own interest, and the community at large, seeking after public interest. The current increasing complexity of the matter leads to revaluation of this antagonism. Classically, public interest is supposed to be justifying the repression of criminal offenses or else the search for truth. This also implies a certain efficiency of the institution of justice and the respect of the procedural rules that are necessary to administrate justice properly. The confrontation of all those stakes lies in the determination of public interest which implies to strike a balance between these different issues. The search for a balance is not fixed. It evolves depending on various criminal proceedings or even within a single case. The interpretation of criminal proceedings, which influences the whole subject, differs depending on the party that makes it. Nevertheless when we determine a meaning to public interest we fix the notion and put it into a position. Taking advantage of the force of conviction attached to public interest, the protagonists, the public ones as much as the private ones, can raise their arguments in a criminal case. Therefore it is necessary to relativize, as far as possible, the tendency to refer to public interest to justify the reinforcement of one party's powers on the other, or take legal actions. Thus the current growing fragility of public interest is not obvious. The pursuit of public interest is still linked to the criminal proceedings at two levels. It is above a guiding line of the criminal proceedings and it below a form of justification
Einaudi, Tania. "L'obligation d'informer dans le procès administratif." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32039.
Full textAmrani-Mekki, Soraya. "Le temps et le procès civil." Paris 1, 2000. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098613.
Full textCampergue, Lucie. "L'erreur judiciaire dans le procès civil." Thesis, Toulouse 1, 2021. http://publications.ut-capitole.fr.
Full textLe résumé en anglais n'a pas été communiqué par l'auteur
Abdellaoui, Adil. "L'expertise "mentale" dans le procès pénal." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10005.
Full textThe technical and scientific advance of the last years seems to have drawn the court-ordered appraisal into the center of the criminal trial. The expert, who has become the person holding the "absolute truth" was indirectly granted a power of "life or death" on the person prosecuted, thanks to his conclusions. The scientific truth, resulting from exact sciences, might be at the origins of the recognition of guilt of the defendant, but what about more subjective sciences, such as those concerning the mental health ? Indeed, these are more likely to depend on the interpretation of an often hypothetical situation and to the evaluation of the mental state of the defendant, who brings up his own reality. Nevertheless, we have to admit that in spite of the randomness of the "mental" expertise, this measure of instruction erected as a proof, for which the convincing value alone takes over the inner conviction of the judge and the jurisdiction. The legal and judicial abuses, due to "appraisal syllogism" without real fundament, clearly impede on the most fundamental rights of the persons subject to trial. The legal certainty, which is then questioned, does not seem to spark off legislative action to contain these abuses despite some recent reforms. What about the judging function when the expert seizes some of the judge's prerogatives? What are the consequences on the outcome of the criminal trial?
Piot, Philippe. "Du caractère public du procès pénal." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0111/document.
Full textMiranda, Federica. "La femme dans le procès romain." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020075/document.
Full textThe woman’s role in the trial can substantially be brought back to three areas: the evidence, the legal aid and the guilt.It is generally accepted that the woman could not be a witness. However this does not what come out from the Digest, where is deduced a general witness ability unless the woman has not been condemned for adultery.Even though the woman was excluded moribus from the officia virilia (D. 50.17.2 pr.-1), in addition to the position of witness, there are testimonies of mulieres that discussed cases pro se aut pro aliis. This women are judged by the ancient authors with indignation (because the in iudicis tacere was the only appropriate behavior for the female condicio naturae). They are extraordinary exempla, that must be handed down as negative examples.Of course, there was no place in the Roman world for women judges. It is interesting how Cassius Dio (h. R. 50.5.4) uses this foreclosure, to demonstrate how much Queen Cleopatra was far from the Roman customs.The largest range of cases is the one of mulieres reae. The Idealtypus of the woman for the Romans is the one of a good wife and a good mother, sober, reliable, silent. In this social background, the female crimes more perpetrated are therefore veneficium, adulterium, stuprum and probum. It is particular also the crime of wine drinking, a hypothesis of crime that is punished only if it is made by a woman. The mulier was – within the limits of her status – cives and she could be tried with every trial system. But, some characteristics have distinguished the trial against men from the trial against women
Chaput, Jade. "La collègialité dans le procès civil." Thesis, Pau, 2019. http://www.theses.fr/2019PAUU2053/document.
Full textCollegiality is a jurisdictional organization that has gone through different historical phases. The 21st century could be a pivotal time as it is characterized by the development of new technologies. If at all times litigants have wanted a quick response to their dispute, this speed of access to information only increases their expectations. However, collegiality requires time. To this is added its cost. Positive law testifies to a restriction of access to collegiality in the second degree while it is under discussion in the Court of Cassation. This limitation is not at odds with the desire to preserve it, although it should not ultimately lead to its removal. Two reasons justify its maintenance. The first is that it reinforces certain guarantees of the right to a fair trial, sometimes in a perceptible way. The second reason is that it makes it possible to counteract the complexity of litigation as illustrated by the referral of a case to collegiality. The proposals to reduce its material constraints are multiple. They draw their inspiration from internal but also external law, collegiality not being a French exception
Escourrou, Jean-François. "L'instance d'appel dans le procès civil." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10057/document.
Full textThe appeal body has always been considered by the French Law as a guarantee of equitable justice. It allows to redress errors committed by a trial judge who resolved a dispute in the first place. Thereby, the appeal enables a repetition of the trial before the appeal court, so that it may be examined again on points of fact and law. Thus, this plea approach has been described as a reformation approach. However, it proved impossible to demand an exact similarity of the dispute elements from one instance to another. As a consequence, and as the texts and jurisprudence had to take into consideration practical requirements, dispensations have been allowed. Since then, the appeal supported renewal of the trial, by incorporating previously unseen elements before the court. The appeal was then refered to as an achievement approach. This evolution gradually appeared as excessive, thereby justifying the need to control the appeal for a better administration of justice. The body of appeal oscillates constantly between these two functions, the repetition and the renewal of the civil trial. The features of this institution inevitably deserved further investigations and answers that this study proposed to carry out and identify
Gras, Antonin. "La loyauté dans le procès administratif." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100157.
Full textThe concept of procedural loyalty is not enshrined in the legal frameworks that govern administrative legal proceedings. Nonetheless, it has been subject to significant debate throughout the administrative legal doctrine. In contrast to judicial case law and civil doctrine where the concept of loyalty of debates is essentially focused on the moralization between the parties involved, the administrative doctrine on loyalty aims to disclose and justify the guaranties and safeguards given to the parties involved. An inductive approach, consistent in systematizing the doctrinal discourse, has lead to a concept of procedural loyalty that is unique to administrative legal proceedings. It provides justification over the key features of legal proceedings, features that are enshrined in either legal texts or case law but do not have explicit legal foundations and for which the common feature is to recognize safeguards afforded to the parties involved. This concept brings about a new set of legal terminology. The fact that the principal of procedural loyalty is not explicitly covered in legal frameworks, does not mean however that the conceptual usage of loyalty should be discarded. This concept allows us to acknowledge the opportunity in devoting litigation mechanisms to administrative legal proceedings, in order to identify the difficulties brought about in respect of the integrity, accessibility and efficiency with regards to all parties involved. Initially envisaged as an explanatory concept, procedural loyalty has been transformed into a conceptual analysis of the proceedings presided over by administrative judges
Daoust, François. "La criminalistique et le procès pénal." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020003.
Full textFrance believes in an idealized vision of forensic science, the probative force of which would provide incontestable answers to the criminal trial. This belief is historical and is based on the work of the French pioneers who paved the way for what some have called, by abuse of language, the contribution of scientific proof. But the forensic landscape is not as simple as the actors in the criminal trial assume. Existing forensic systems, training of stakeholders, knowledge of the informational value of the trace with its legal life as well as its scientific traceability, sometimes subject to a normative framework outside the law are all rarely dealt with. Through the various subjects of forensic science, by perceiving their content and their scientific power, but also by their limitations, they shed particular light on the interpretation of analytical results in France and what it should be the judicial time required for the conduct of criminal proceedings. This presentation highlights the existence of the realization of scientific acts often neglected and that relativizes the notion of scientific examinations and expert appraisals yet sacred by law and jurisprudence. This study of criminalistic in the criminal trial highlights the perception of the actors, the difficult mutual understanding with the experts, but also those of more institutional administrations, showing that the interests are sometimes divergent between an accounting vision Justice and the search for truth, which is nevertheless inscribed in the texts. A presentation of the perception as well as the implementation of forensic science in comparative law through accusatory procedure and jurisprudence sheds light on legal debates that strike the door of our inquisitorial system by the increasingly engaged introduction of contradictory. A better understanding of the sciences introduced into the criminal process and making them accessible should give the actors a more relevant capacity for discernment and interpretation, in particular for judges who must draw up the criminal proof from all these scientific knowledge, answers and evidences
Robert, Véronique. "L' administration dans le procès pénal : contribution à l'étude du particularisme de l'administration dans le procès pénal." Paris 1, 2004. http://www.theses.fr/2004PA010319.
Full textWagoue, Tchokotcheu Diane Carlyne. "L'oralité dans le procès civil : plaidoyer pour la reconsidération de l'oralité à la lumière du procès équitable." Nantes, 2016. http://archive.bu.univ-nantes.fr/pollux/show.action?id=0c520b61-4538-49ab-a31d-9f7e7916a180.
Full textFormerly considered as the preferred mode of expression in traditional palaver, orality, at the crossroads of modern justice, has lost its place in the civil trial. If it is still a principle before traditional and modern law courts of former West Cameroon, orality occupies a subsidiary position in the civil trial. The fact that it is not a principle of fair trial, does not make it an obstacle to its realization. Instead, orality appears, firstly, as a positive instrument that guarantees the fundamental Rights of the trial. In particular, it facilitates access to justice at a lower cost while reducing the inequalities between citizens, literate or illiterate, wealthy or poor. In addition, it is an essential element for achieving the rights of the defense. On the other hand, orality is the guarantee of celerity and publicity of the trial. However, if the oral tradition, has some shortcomings, particularly as far as the volatility and the elusiveness of the word is concerned, it is renewed in our day by the information and communication technologies. These techniques herald the revival of orality in the civil trial. However, whether primary or secondary orality, the position of the Cameroonian legislator is blurred, if not ambiguous. One track would then be to draw inspiration from comparative law and from the current unification project of the civil procedure system to give orality the place it should never have lost in the civil trial
Binet-Grosclaude, Aurélie. "L'avant-procès pénal : étude comparée Angleterre-France." Paris 1, 2008. http://www.theses.fr/2008PA010297.
Full textCornu, Julie. "Droit au procès équitable et autorité administrative." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020068/document.
Full textThe right to a fair trial is enshrined in the article 6§1 of the European Convention on Human Rights and irradiates now all French law. In the context of the subjectivization of the law, administrative law is also subject to this "unstoppable rise of disputes in the name of the right to a fair trial" (Mrs. KOERING-JOULIN). This assertion is particularly true regarding the powers of sanction and the settlement of disputes granted to the administrative authorities. The European definition of the right to a fair trial applied by the Court of Cassation and adapted by the Council of State allows a wide application of this right. So, given the current state of the administrative case law, the right to a fair trial can be usefully claimed against independent administrative authorities as regard either their law enforcement activities or litigation practice. And the tax administration has also been compelled to respect this fundamental right for eight years now. In line with this settled jurisprudence, the extension of the right to a fair trial to all the administrative authorities may be the way of the future. But such an evolution raises a few questions. Isn't the increasing jurisdictionalization of the administration activities as a result of the right to a fair trial an inconsistency in itself? Doesn't it go against the primary goal of the outsourcing of the administrative penalties? More fundamentally, doesn't subjecting the administrative authorities to the specific principles of court procedures participate in reinstating some confusion between administration and jurisdiction? Isn’t it the rebirth, under a new form, of the administrator-judge we thought was long gone?
Meynaud-Zeroual, Ariane. "L’office des parties dans le procès administratif." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020067.
Full textThe procedure before administrative courts is characterised by a double evolution, which justifies a study to be devoted to the office of the parties in an administrative hearing. As the law of administrative litigation increasingly transforms itself into the law of administrative hearings, one can observe that this process is no longer considered as a trial made to an act, but as a trial between parties. The perspective switch, to which the point of view of the parties to the trial invites, is made possible thanks to an instrument of finalist analysis of the law : the office. This concept makes it possible to question the adequacy between the powers and the charges of the parties - that is, the office stricto sensu - with the goals assigned to them by the legal order - namely, the office lato sensu. Understood as the physical or legal persons who participate in the legal relationship because of a dispute arising from own and contrary claims to a right, the parties to the lawsuit pursue two complementary goals : the interested determination of the dispute and the fair participation in the instance. This study allows to draw two conclusions. On the one hand, the office stricto sensu can be improved in order to better converge toward the office lato sensu. On the other hand, it shows that an opposition between the civil lawsuit and the administrative lawsuit is no longer possible. This study about the parties office in administrative lawsuit reveals the importance of research and teaching in procedural law
Mallevaey, Blandine. "L'audition du mineur dans le procès civil." Thesis, Artois, 2015. http://www.theses.fr/2015ARTO0301.
Full textThe encounter between the child and the world of justice can be highly sensitive. The child should not attend the courtroom. Nevertheless, this confrontation is sometimes unavoidable: for instance when parents fail to settle on their own a dispute over their child, when it is necessary to protect a child at risk, or when it comes to change the first name of a minor. The minors used to be heard in court through a representative voice because of their vulnerability, lack of experience and the possible difficulty in grasping the issues. However, under the impulse of the Convention on the rights of the child, the French law has gradually recognized the minors the right to participate in the determination of their interest and in the decisions that affect them. The law of March 5th 2007, reforming the protection of the child, assured the minor capable of understanding the right to be heard in any concerned civil proceeding. It appears that the hearing of the minor in the civil proceedings must conciliate two seemingly contradictory concerns: firstly, to protect the child and his speech, and secondly, to allow the minor to participate in the decisions that affect him, in order to develop his/her autonomy, although each of these goals contributes to the search for the child's interest. It is therefore necessary to consider some solutions that promote the expression of the minor in proceedings, while ensuring the protection of his speech
Brus, Florence. "Le principe dispositif et le procès civil." Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2012/document.
Full textThe principle of party disposition is the civil trial guiding principle which enshrines the power, for the parties, of having their own litigation under control. Da mihi factum, dabo tibi jus is a well-known adage. The judge should interpret the law while the parties’ role would be to bring the facts to him.However, the civil proceeding evolution seems to show a reconsideration of this balance, as reflected by the development of the principle of cooperation and the emergence of the principle of jurisdiction. Nevertheless, the main matter might not be the principle of party disposition but the analysis that were done. The parties are still exercising sole control over their own litigation but the classical conceptualization of the principle of party disposition is making some doubts appear. The purpose of the study consists in renewing all analysis on the principle of party disposition in order to highlight his “fundamental” character, as Motulsky wrote it. In order to achieve this, the first thing to do is renewing the analysis on its function. The principle of party disposition is not a principle of the trial but a guarantee for the jurisdictional function, which enshrines the role of the parties regarding requests, not procedural charges. This study leads to renew the analysis on the nature of the principle of party disposition. The guiding principle designation must be dropped out and replaced by the fundamental right one, which should be enshrined in the Constitution. The conclusion of the study may be that facts and law are not opposed; in the contrary, facts are a source of law. The Da mihi factum, dabo tibi jus adage must be understood as tell me what the legal fact is, I will tell you what the law states
Demarchi, Jean-Raphaël. "La preuve scientifique et le procès pénal." Nice, 2010. http://www.theses.fr/2010NICE0038.
Full textBoutarel, S. "Le secret médical dans le procès civil." Paris 2, 1996. http://www.theses.fr/1996PA020240.
Full textAbou, Yazbeck Chantal. "Le bien saisi dans le procès pénal." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32019.
Full textThe penal procedure's role consists in leading to the truth manifestation in ordre to identify the possible guilty persons and to punish them for their acts. However, society cannot live if security and justice do not exist. This justify that the staff officers who are in charge to search and verify the infringements of the penal law have means to the necessary coercitions. Therefore, thez have the power to "seize" the particulars' goods (property). In democracy, the state must insure the citizens' protection so as the protection of the public interest. As we have already proven, the conciliation and the safeguard of these two interests: the public interest and the fundamental rights, two interests which are antagonistic and sacred, in a state of right, is not an obvious and simple work. All the way of our study, we have been able to ascertain that the common law has always been wavering between these two interests, trying to conciliate and safeguard them. In addition, it is the same when the seized good is the justice's disposition and used as a proof, to charge or discharge, in the penal proceeding; or when it is a matter of restoring the good, which is under the hand of the justice to the interested persons. As verified later, the attempt of the common law in the safeguarding and conciliation of the interests was not exemplary, it is not exempt from lacunas and certain contradictions and sometimes it wanders from the "good sense". Therefore, it is obvious that a reform in the depth of the French system of the penal procedure is indispensable. A reform of the base is required
Danilenko, Denis. "Le procès constitutionnel et le droit processuel." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32037.
Full textIs the procedure before the “Conseil constitutionnel” jurisdictional ? Is it comparable with procedures before other courts ? Although the phenomenon of “juridictionnalisation” of the procedure before the “Conseil constitutionnel” has been examined by some authors, it has nevertheless not been studied thoroughly. This research aims to compare the procedure before the “Conseil constitutionnel” with regard to its normative jurisdiction with procedures before common law tribunals. Procedural law, which deals with an analysis of the different jurisdictional procedures, offers a solid basis for this research. It allows us to tackle the procedure before the “Conseil constitutionnel” in jurisdictional terms thanks to the concepts and principles characteristic to jurisdictional procedures. This approach enables, on the one hand, to assess if the key concepts and principles common to any jurisdictional procedure appear in the procedure before the “Conseil constitutionnel”. On the other hand, the characteristics of the procedure before the “Conseil constitutionnel” are not so distinctive: some of the specificities of this procedure, regarded as unique, can be found in some jurisdictional procedures before other courts and thus are not so characteristic to the constitutional process
Hennequin, Shirley. "La preuve numérique dans le procès pénal." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32063.
Full textAs a medium of the new society of information and communication and as a tool used both for work and play, digital technology has become ubiquitous. It has become man's virtual memory and represents a preferred field for investigation, an inexhaustible source of information. The principle of freedom of evidence in criminal law has allowed digital technology to play a major role : sometimes as evidence of infringement, of its author's imputability and/or identity, it has become inescapable. This general assessment is however limited, as it does not mean that any action can be taken anyhow, whatever the place or time ; digital evidence must indeed be searched for and collected within the rules governing it. Being subjected to the judge's inner conviction, the digital data will also have to offer guarantees of integrity and reliability before being considered as evidence on balance, these observations require that the general characteristics and expected role of digital evidence should be studied in order to examine how this new kind of evidence can be confronted with the system of evidence in criminal law
Massot, Sonia. "Les manoeuvres dilatoires dans le procès civil." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0442/document.
Full textThe use of dilatory practices in the civil trial affects the perennial running of a legal caseby prolonging it. Indeed, these procedural behaviors impede the proper functioning of the public justice service. The litigant unfairly diverts time, in order to benefit from it, at the expense of his opponent. We find these dilatory practices all along the civil trial. They even start before the referral to the courts and run until the use of remedies. The legislator endeavors to simplify the running of legal cases thanks to multiple reforms of the civil proceeding. He establishes principles, mechanisms and sanctions in order to fight this phenomenon and to improve the celerity. We can rightly wonder if these means can successfully eradicate this scourge. This analysis reveals that the understanding of the « dilatory practices »’s meaning is ̏ a priori ˝ not easy for lawyers. Unfortunately, it is sometimes confused with other notions having similar characteristics. Therefore, the eradication of this phenomenon first requires a good understanding and a further clarification of the concept. This is the one necessary condition to determine the more adapted solutions for eradicating the use of dilatory practices in the civil trial
Dochy, Marie. "La dématérialisation des actes du procès civil." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10035.
Full textDigital revolution has impacted civil trials. Traditionally printed on paper, the proceedings of trials have evolved into a new electronic form. The dematerialization of proceedings does not happen without any consequence on the conduct of trials. It causes new difficulties, related to its development and to what it brings to civil trials. The first part of this reflection introduces the extent of dematerialized proceedings. It examines how far dematerialization can go, regarding the importance that it gets as well as the functions that it fulfils. Proceedings in a dematerialized form are more and more exchanged within civil trials. If paper documents still exist together with those in electronic form, the 21stcentury represents a period of transition to a predominance of electronic forms. The extent of such forms brings about a definition of the functions assigned to dematerialization. This process must respect the formal aspect of proceedings as well as the efficiency of the lawsuit. Such missions will have serious implications on what is at stake in the trial. The second part of this reflection is thus about the challenges of dematerialization. It highlights what dematerialized proceedings can bring to a trial. They improve the respect of fundamental principles. They foster a better knowledge of case-law, make it easier to reach judges and reinforce the rights of the defendant or the necessity to meet the reasonable time requirement. However, the numerous assets that dematerialization can bring to a trial should not obscure its potential dangers. It must be regulated to prevent some misuses that it can lead to. The regulation of dematerialization reveals a renewed vision of civil trials. It allows us to consider that the proceedings in electronic form must be accompanied with changes, noticeably with an acceptance of some innovations which are beneficial to trials
Donaud, Flora. "Les acteurs du procès civil en contrefaçon." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV120.
Full textIn all trials, the civil lawsuit for counterfeiting is one of those which is on the increase because, beyond violate a monopoly, the counterfeiting also spills over into all sectors of our economy, ie employment, health, consumer safety or even investment. It’s by analyzing the role that players have in the civil lawsuit for imitation, we will study the specific feature of this case compared with the procedural law and we will consider a possible theory of civil trial for counterfeiting. The research lead to make, first of all, a thorough analysis of the burden of the parties in the civil lawsuit for imitation. The challenge is to highlight the particular impetus of the parties by identifying divergence factors or convergence about the subject. We have also to stress that the original auxiliary measures allow the parties to better prove or to anticipate the trial without break necessarily the procedural balance. Afterwards, we have to study the role of the judge in the civil lawsuit for counterfeiting. Indeed, after the parties have prepared and taken legal action, the judge has to "take over" the trial and it’s then necessary to examine its derogatory competence, which is sometimes concentrated, sometimes exploded in a conflict of jurisdictions, sometimes challenged by a "private" judge. Finally the subject leads to determine if the judge’s power, allocating damages for example, show the dual prism of intellectual property law wich overstep the private monopoly to belong to a wider collective dimension. These are the lines of thought leading to the building of a common procedural regime
Hocquelet, Mathieu. "Les ressorts du consentement serviciel dans le nouveau capitalisme commercial : l'exemple des salariés de la grande distribution." Thesis, Evry-Val d'Essonne, 2012. http://www.theses.fr/2012EVRY0040.
Full textIn a context questioning the growth regime and exposing the oligopolistic retail capital to a high social visibility, retail employees seem to be relatively docile. They face major strategic and organizational changes in the branch. Within a framework requiring the unlimited accumulation of the capital by formally peaceful means and in a sector facing a crisis of accumulation, how is the consent of the employees organized? After a historical approach reconsidering on the structural character of the ideological, strategic and organisational orientations of the sector, this thesis underlines the national specificities and the productive indices of recent ruptures. Then a diachronic analysis of the institutional and organisational means of production highlights the development of material and symbolical systems of mediation of the productive restructurings. Then, combining an ethnographic approach observing the daily work, the study of social trajectories, professional paths and configurations of the retail stores, this thesis highlights a specific form of employees consent. The servicization is based on a process of incorporation in the unskilled jobs of the services. Retail stores tend to be at the same time increasingly opened to the public (place of the customer in the organization and in the production of the service) and isolated from the strategic power (decisions and design centralization)
Maamouri, 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
Josserand, Sylvie. "L'impartialité du magistrat en procédure pénale." Grenoble 2, 1996. http://www.theses.fr/1996GRE21024.
Full textThe impartiality is for a magistrate an universal requirement. Paradoxically, the concept of impartiality is not described. The definition can be find with the study of the rules which protect impartiality. These rules consisting of two groups : the first group concerned the author of the judgement. These rules have for reason to exclude magistrates from some legal proceedings. The second group concerned the elaboration of the judgement. These other rules describe the magistrate's thought process. By comparaison, these rules prove that the unbiased sentence is passed by a magistrate who has this thought processes : he don't take his secret feelings and his public judicial decision into account. He ignore his past in the proceeding and his environment. The unprejudiced judgement is too a judgement which appear to be unprejudiced. The appearances ara apprehended like reality
Liddell, Éliane. "Le procès pénal aux États-Unis : démocratie, "due process of law" et justice ordinaire." Bordeaux 3, 2005. http://www.theses.fr/2005BOR30052.
Full textSince 2000 the United States has had the world's highest incarceration rate. American society has fostered a punitive culture. Violence and social unrest can no longer be considered an adequate explanation. Should the penal justice system be blamed ? This work examines the American criminal trial from a historical and cultural viewpoint, in order to isolate it from the surrounding morass of misrepresentations and to show its thoroughly democratic underpinnings. Here lies a curious paradox : at a time when the principles of the fair trial have been entrenched in penal law by supreme court jurisprudence over the period starting with the due process revolution, the American judicial system has never been prey to so much self-doubt and seemed so arbitrary, even oppressive. Although it is true that there has been some erosion in procedural due process since the early eighties, is this the principal cause of the deterioration ? We then aim to show that what is happening is rather the distortion of the workings of justice under the pressure of two joint forces : gradual national standardisation has given way to a vast retreat to much more local practices, and populist ultra-repressive policies have been unleashed with little opposition from constitutional safeguards. Supreme courts, instead of focusing on poorly-enforced and ever-more complicated procedural reforms, should first strive to put a stop to policies of mass imprisonment. Only then will the judicial institution recover its integrity
Akuesson, Ernest Tonawa. "Les exceptions de procédure dans le procès civil." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D005/document.
Full textThe false qualification of "defense" awarded by tradition to the procedural objection led the legislator to submit it to a totally inconsistent and unsuitable regime. The illustration is given by the failure noticed by the exclusivity of competence awarded to the judge of the enabled on the procedural objections, failure materializing by the numerous dispensations which the jurisprudence continues bringing to their regime. It is also translated by the quasi-impossibility for the applicant in the main action to claim it in whole contradiction with the spirit of Law. This incoherence is finally illustrated by the opportunist confusions between procedural objection, refusal of the action's receving, incident and defense in fact. The procedural objection is not a defense but an incidental request relative to the step of the procedure which in term of logical order must be examined by prerequisite in fact. It thus interests only the procedural relationships that is to say the instance which the opening and the conduct (driving) in compliance with the articles 1 and 2 of the Code of civil procedure belong to the parties. The classification and the regime of the procedural objections have to take it into account. It is thus necessary to distinguish the procedural objections on the contrary to the opening of the authority of those who are set against its continuation. Only the first ones have to be a matter of the exclusive competence of the judge of the enabled of whom we have to manage to make a real judge of the introduction of the instance. The procedural objections opposed to the continuation, on the other hand, must be able to be suggested according to their emergence or to their revelation except the possibility for the judge ruling out them or pronouncing pecuniary condemnations against the party which would have abstained in a delaying or unfair intention to raise them earlier
Rouyer, Rémi. "Architecture et procès techniques : les figures de l'imaginaire." Paris 1, 2006. http://www.theses.fr/2006PA010580.
Full textMayer, Lucie. "Actes du procès et théorie de l'acte juridique." Paris 1, 2007. http://www.theses.fr/2007PA010317.
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