Dissertations / Theses on the topic 'Propriété foncière – Droit – Mali'
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Ba, Allassane. "Le droit des terres : défis et enjeux dans le processus de décentralisation au Mali." Paris 1, 2008. http://www.theses.fr/2008PA010268.
Full textChene-Sanogo, Alima. "Enjeux fonciers et développement "durable" au Mali." Phd thesis, Université de Bourgogne, 2012. http://tel.archives-ouvertes.fr/tel-00839314.
Full textSarr, Samba. "La domanialité des biens de l'Administration publique à l'épreuve des régimes fonciers traditionnels : le cas du Mali." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00866401.
Full textSarr, Samba Amineta. "La domanialité des biens de l'Administration publique à l'épreuve des régimes fonciers traditionnels : le cas du Mali." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND009/document.
Full textThe state ownership of assets of public administration to the test traditional land tenure raises the question of the legal situation of the area in Mali. This is to give the photograph the property of the government and their evolution in relation to customary land tenure. This study course with a historical overview of state assets and local authorities. We will discuss together the legal status of goods in the traditional sense of the term. The tropics adressed include the study of the property during the precolonial, colonial and postcolonial. Before colonization, the area as known today did not exist and the mode of holding property was collective. They spoke not domain but rather of collective awnership. Also, these are not laws that established the traditional tenure bur rather quasi-religious principles. The goods, which are now the domain of state and local government, belonged not to men but to the gods. They were owned by the community and were managed either by the land chief or dji tigui (owner of the water). Thes were the custodians of a part of God's sovereignty and at the same time delegates from higher powers. More than they possessed them, earth and water were the owners of the land chief and dji tigui. Their bonds were dictated by the ancestral beliefs certainly diminished bye time and biased interpretations. Thes goods were not in the lega trade, they were inalienable. Individualownership was true, but it was not widespresd. It did not concern either the land or waterways. This individual property within the meaning of the french Civil Code could only relate to certain personal property except those who were truly essential property of indigenous community. At the start of colonization, the colonial state decided, not without opposition, to implement the experimenced en South Australia by the English to know the Torrens Act. Indeed, the natives had their own legal system and did not want any disruption in their habits millennia. But, in view of developing agriculture and industry in the french possession, it was important to introduce into the legal arsenal of the colony the principle of state ownership of property. To do this, government should play itd full score. Consequently, it must be adequate means of its policy by establisheing, first, a public and private domain.This domain constitution necessarily spent by the spoliations of property belonging to indigenous communities. At the country attained independence, the problem remained large. The colonial tested continued to govern the field until the adoption of a code Land Law in 1986. Customary rignts recognized and magnified now thanks to the recovery of ancient traditions challenge the rule of written law. The latter recognizes that before his accession, economic and legal relationships between individuals and groups of individuals were well organized. This is why the colonizers did not intend to make a clean sweep of pre-colonial customs let alone the new authorithies. However, problems of formation and management persisted. Even today, many challenges remain in relation to the management domain whether public or private, whether owned by the state or local authorithies
Adésir-Schilling, Michèle. "L'herbe, le poisson et le riz : transformation des paysages et dynamiques paysannes dans le Kotiya (Delta central du Niger, Mali)." Paris 1, 1999. http://www.theses.fr/1999PA010577.
Full textSince 1968, persistent water deficits severely reduced the flood plains and natural resource base of the inland delta of Niger in Mali. In the Kotiya, a region situated in the heart of this complex watershed, the extended drought has had tremendous effects on the agricultural landscape, as witnessed by the underlying socio-economic changes. In this region of low population density, natural resources have traditionally been shared between the bozo fisherman and the transhumant fulani herdsmen. Despite deteriorating climatic conditions, inhabitants of the kotiya were able to take advantage of reduced flooding levels to develop a substantial rice-based agricultural system. The continuation of sufficient flooding attracted neighboring populations who were forced to migrate from nearby droughtafflicted regions and resettle in the kotiya. Interested by the ample natural resources still available, these settlers created new areas of resettlement in the kotiya referred to as daaka. These changes resulted in increased competition for the scarce natural resources and limited space which led to land disputes between herdsmen and agriculturists. As a result, ethnic conflicts have begun to pose serious questions concerning the future of herding activity in the region. Within this context of exceptional variability and change, affected populations were obliged to adapt by changing their socio-economic activities and their allocation of natural resources. Data from this system were collected, integrated, analyzed and compiled into a geographic information system (gis). The gis was found to be an efficient tool providing insight into the complex nature of the relation between man, space and time in the inland delta of Niger in Mali
Hochet, Peter. "La terre, l’étranger et le citoyen : les relations sociales et politiques à propos de la terre dans un village bwa (Gombélèdougou, Burkina Faso)." Paris, EHESS, 2012. http://www.theses.fr/2012EHES0503.
Full textOur work is based on a case study among the bwa village of Gombeledugu, Western Burkina Faso. We described the citizenship relation built in this village about the access o land and the settlement of migrants. We define citizenship, at large, as the relation of the individual to the political community. The relation of local citizenship is made by, at least, three processes: various devices institutionalize at the same time the territory and the village as a scale of belonging, decision, and regularization; the elders of lineage build compromises between domestic and political objectives; the autochthonous reproduce their control over land through the duty for them to give land tenure rights to strangers in the exchange of the duty for strangers to integrate the local socio-political order. Such results pinpoint the weakness of the idea that the necessary conditions of citizenship are the state, the modernity, the democracy and elections. A local definition of citizenship exists. However, our results underlines also that local citizenship exists. However, our results underline also that local citizenship is defined in relation with the state definition of citizenship. It is built to opposition to and simultaneously in articulation with the state definition of citizenship. Our results address also the question of political relations in West-African peasant societies, not only as strategies to get power or as ethnic relations, but also a management of local public affairs, polity, political status, and compromises between private and collective objectives, facing the state
Bertrand, Monique. "Question foncière et villes secondaires au Mali : les communes méridionales de Sikasso, Koutiala et Bougouni." Paris 10, 1990. http://www.theses.fr/1990PA100116.
Full textThe investigations deal with the part of secondary towns in the territorial development of a west-African underdeveloped country on the one hand, and with the land question which confronts national institutional logics and local urban practices on the other hand. The first part analyses the deformations of normative domanial regulations : from the state to the southern communes, poor budgetary means are appearing at every levels of production of urban plots. The second part concerns the land markets. The selective offer of urban plots underlines the social stratifications in town. Market and property valorizations of these plots show close relations between speculative rents and patrimonial pressures on the land market. The third part confronts these different ambitions through occupational and migratory ways of town insertion. The family and the duration of residence determine social solvencies which bypass or consolidate economic solvencies. The fourth part considers historical implications of urban conflicts about land. New personal relationships develop between local communes and the state of Mali. The conclusion qualifies sizing effects between towns in the land and property market. Taken in a largest geographical comparison, the links between rents and patrimonies request new investigations about economic, social and political competitions which are spreading in Malian society
Dinh, Luong Minh Anh. "L'État et la propriété foncière au Vietnam." Thesis, Université Grenoble Alpes (ComUE), 2019. http://www.theses.fr/2019GREAD001/document.
Full textLand ownership is an interesting and fundamental issue in Vietnam. The relationship to the land has been framed in different ways throughout the history of this country, in both feudal and colonial and socialist periods. The differences in design and soil management technique in each period explain the complexity of contemporary Vietnamese land law; increased complexity in a market economy context with the socialist orientation maintained by the Communist Party. This ambiguous situation refers to the image of a country that is ready to implement structural reforms, particularly in the economic sector, without breaking with its socialist ideology. The land issue is a major focus of current issues, at the center of which lies the confusion between public property and private property. As a result of land laws and various amendments, particularly after the 2013 Constitution, land tenure and private property rights have been better protected than before. The State of Vietnam has recognized the real nature of the land use right, which has allowed the emergence of a dynamic and attractive real estate market by national and international investors. On the other hand, urbanization has led to many upheavals in the use of land in rural areas. Despite its efforts, however, the State of Vietnam can not adapt to the demands of this new context. There has been a long history of debates on land ownership, the concept of the right of use and other elements related to land management. The leaders are fumbling and the land administration still raises many difficulties. One of the most remarkable aspects concerns the maintenance of the land requisition, a procedure that involves the precariousness of the right of use of individuals.So, who owns land in Vietnam today? Are the components of the Vietnamese people, especially the poor peasants, really the masters? Can the right of use be considered as the equivalent of a right of property within the meaning of French law? All these questions, which are at the heart of this thesis, lead to suggest a new reform of Vietnamese law in the near future
Janin, Patrick. "L'espace en droit public interne." Lyon 3, 1996. http://www.theses.fr/1996LYO33017.
Full textTchapmegni, Robinson. "Le contentieux de la propriété foncière au Cameroun." Nantes, 2008. http://www.theses.fr/2008NANT4003.
Full textIn Cameroonian land law, the administration appears, in fact as in right, as the guard of the right of property. This statement can be surprising for the reason that the administration is not always respectful of rights and fundamental liberties. To entrust him the guarding of the right of the landed property would mean confiding the guarding of the lamb to the wolf. This reflection asks the fundamental question to know how is organized the system of regulation of the land disputes resulting from the access to the earth in Cameroon. The analysis reveals that the land settlement dispute is shared between the administration, the administrative justice and the judicial jurisdictions. It reveals especially that it is dominated by the administration, the judicial being relegated to play supporting roles in the guarantee of the land ownership. The occupants of the national domain are recognised action intended to sanction infringements on their customary rights. Left domains of the State as for them are in a legal impasse, the Cameroonian law seems to offer them no alternative in front of recurring events of the evictions to the bulldozer
Benachour, Berraho. "Les attributions et la responsabilité du conservateur de la propriété foncière depuis 1913 : Une construction historique au coeur d'une convergence normative entre droit musulman et droit romano-germanique." Perpignan, 2008. http://www.theses.fr/2008PERP0956.
Full textFreydier, Cédric. "L'accession à la propriété foncière pour les investisseurs étrangers à Madagascar." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0055.
Full textThe perpetual search for gain or profit has not spared reportsbetween states. Indeed, the country through their relationshipssign agreements in order to ensure growth and developmenteconomic, Madagascar is no exception to this rule.Thus, it is clear that in recent years investorsforeigners are interested in the prospects offered by the"red island"however, the issue of security of their investments arises, andresult, many questions about the home landfor foreign investors in Madagascar.The land will be heard in this research as the sum ofland acquired or to be acquired by foreign investorsdevelop their projects. Indeed, investors, that is to say,Corporations (SA, SARL, EURL, group ...) wishing to relocate toMadagascar want to ensure guarantees of "property of the thing(...) And what it product1 "that is to say their investments.Thus, a necessary condition for business development, investmentForeigners represent a significant potential that can afford to takethe economy up. However, many business leaders orindividual entrepreneurs remain on their reserves because of theirconcerns about the reliability of a settlement on the island of the Indian Ocean.It is within this framework, business law with support from Madagascarcurrent government and through institutionsInternational is undergoing a profound change. Indeed,RAVALOMANANA2 Mr. President of the Democratic Republic of Madagascarintroduced new processes in the economy and politics of Madagascar. Amajor reform of business law and the law applicable toinvestors is Class3, this in order to restore confidenceforeign companies to revitalize the economy and allow a "call"investment to encourage international donors fonsforeigners.The approach, the study and deepening of these new data allowof a comprehensive review of home land (which is acondition to promote, develop and encourage investmentsforeign companies).As part of this profound change, and these reforms withimpact on business law it is interesting to speculatethe new conditions of home ownership on the ground in Madagascar,and to study the processes in place to encourage creativecompanies, relocation (Taxation encouraging ...) and to reassureinvestors.1 Art.544 C.civ "Property is the right to enjoy and dispose of things(...) "And 546 C.civ" The ownership of a thing is movable or real estateis entitled to everything it produces (...) "2 President since 2002, he succeeded Mr. Didier Ratsiraka.3 See, the official launch ceremony of "the Economic Development Boardof Madagascar "and the Economic Development EconomicMadagascar, dated March 5, 2007, in Antananarivo
Comlanvi, Crinot Lazare. "Maîtrise et appropriation du sol en République Populaire du Bénin : contribution à l'étude du droit de la propriété foncière dans un pays en voie de développement." Orléans, 1986. http://www.theses.fr/1986ORLE0007.
Full textMakassy, Gilbert. "Le droit foncier domanial et de l'urbanisme au Congo." Paris 2, 1989. http://www.theses.fr/1989PA020093.
Full textThis work analyses juridical rules and proceedings enacted in congo to face the urban growth. In view of the extent of the urbanization phenomenon, the congolese authorities have resorted to law to organize the occupation and utilization of space. That is how a town planning law is born in congo. That law is the result of a synthesis of juridical techniques of french town planning law and socialist ideology principles. However it is still embryonic, and must be clarified and explicit on various points. Besides, order that law is still far from being effective. In order that it becomes effective, an efficacious will from the authorities, an adequacy of rules to congolese reality and a decentralization are required
Delcambre, Anne-Marie. "L'evolution du droit de la terre a malte." Paris 5, 1986. http://www.theses.fr/1986PA05D003.
Full textThis thesis is a study of the maltese land law since the prehistoric era up till the modern times. The history of the land law goes hand in hand with the history of malta. Malta has always been ruled by different colonialist powers : phoenicians, carthaginians, greeks, romans, arabs, normans, suabians, angevines, aragonese, castillians, the knights of st john, french, english, as well as the influence of the roman catholic church. Malta obtained its independence on the 21 st of september 1964 and it was only on the 13 th of december 1974 that malta became a republic with the victory of the labour party (malta labour party). However since the second world war there has been a substantial change in the maltese land law. The state became more present and the church lost a great deal of its power. The land law became more dependent on administrative organizations, the "boards" rather than the traditional courts of justice. The land law in malta in 1986 has given way more and more to the law of construction and urbanism ; however it is still the land law which governs in all cases be it for the construction or agricultural land. This change in the land law follows in fact the social and economic change in malta. Malta no longer wants to remain a fortress economy (the island's economy has been repeatedly maintained as a fortress economy), and this implied a necessary dependence on a foreign military presence. Malta hopes to fully realize its independence but will this hope become a reality !
Azrak, Mohammed. "Les Attributs et l'assiette de la propriété foncière en droit français et marocain." Besançon, 1989. http://www.theses.fr/1989BESA0001.
Full textSince the law of 1913 on the registration of deeds, moroccan law on real estate has been dualistic. In order to determine the domain of application for each law, the concepts and the rules which govern the juridical problems connected with this subject, a chapter has been dedicated to the systems of registering property in france and in morocco, and another chapter to ownership as the basis of unregistered property. In the chapters dealing with the right of usage, of tenure and the right to make over one's property, the study of the law of usage gives the opportunity to examine the origin and evolution of the theory of the right of abuse of usage. At the same time in treating the right of disposal we out line the conditions for validity of clauses of inalienability in france, and the position of moroccan legislation with respect to it. In this chapter one section deals with legal restrictions to the freedom to alienate, and another section deals with inaliable property in moroccan law. The second part covers the laws governing property above ground and its limits, and the laws concerning surface areas, while the legislation for property under ground, water and demarcation are also dealt with. The work finishes with a study of the obligation incumbent on proprietors
Le, Stum Anne. "Essai comparatif de la politique foncière en France et en Espagne." Montpellier 1, 1991. http://www.theses.fr/1991MON10026.
Full textSince 1945 economic growth has triggered public power planning intervention by modifying soil utilization. A town-planning law was born, turning the absolute spirit of the law of property into a marked social function. At the dawn of 192, we found it interesting to draw a comparative essay on the terms and conditions of the emergence of town-planning regulation in france and spain, through: - imperative urbanism, initiated by the state, based on laws, ruls, plans - decentralized urbanism, in france by delegation to the different administrative divisions: regions, departements and principally communes, through what is called "plans d'occupations des sols"; in spain by a planning procedure at the level of the autochtone communities and of the communes through what they call" plan d'amenagement municipal". The whole thing makes the frame of mown-planning operations such as in france" zac, lotissement, afu" ; each of them having their own regulation; in spain there there exists an implementation process of the diverse plans through three systems : "compensation, cooperation, expropriation", these operations do not exclude the implementation of preemptive rights, of the proceedings of expropriation. In both countries land planning policy is associated with land-advertising policy, including: - its information tools (land register, mortgage register and spanish property-register) - the necessary coordination of these tools, which guarantee publicity-efficiency - the different scale of public officers' prerogatives. Coming to a conclusion, we find in france a perfect completion of land regulation, which still suffers from a real misworking in spain, awwaiting the putting into operation of al the latest estate reforms
Bivaud, Yann. "Les fonctions du juge de l'expropriation en droit francais. Vers l'instauration d'un juge foncier specialise." Nantes, 1989. http://www.theses.fr/1989NANT4003.
Full textThe juridiction of expropriation according to french law is an institution which is undergoing changes. Traditionaly entrusted with the transfer of property in the case of expropriation and to calculate the amount of indemnity of disposession, in virtue of the principle by which the magistrate is the gardians of private property, this juridiction is undergoing total evolution. The competent expropriation judge in matters of town planning, in domains outside expropriation cases, has moreover confirmed his role as an expert on real estate. Nowadays, the expropriation judge is not only a gardian of private property, he is above all an expert on real estate
Nagy, András. "Politique foncière et politique des structures des exploitations agricoles en droit hongrois." Poitiers, 2002. http://www.theses.fr/2002POIT3008.
Full textAbu, Eisheh Anwar. "Le régime juridique des immeubles en Palestine." Paris 10, 1989. http://www.theses.fr/1989PA100077.
Full textPalestine experienced between the 7th and the 19th centuries a relative stability from the legal point of vue: the land system was based first on islamic laws and later on ottoman laws. Peasants, although sometimes exploited, could always stay on their lands. The depossession of the palestinian people which had started at the end of the 19th century with the beginning of zionist immigration on a large scale, was greatly increased in the days of the british mandate. After the creation of the state of israel, many laws relating to land property and water were promulgated, notably the law on absentees' property which reveals the policy followed by the israeli administration in order to seize as much palestinian land as possible. Since 1967, the military orders applicable in the occupied territories and the civil laws voted by the knesset have been the juridical expression of the same political will : to pursue the depossession of the palestinians, particularly through the creation of settlements or the confiscation of land for security reasons. Israel has also tried to ' judaize ' jerusalem. The supreme court, often consulted on these matters, has always referred in its rulings to the legality of the decision of the israeli administration rather than to its validity
Keita, Boulaye. "Migrations internationales, investissements immobiliers et recomposition territoriale en Afrique de l'Ouest : le cas de Bamako." Paris 7, 2012. http://www.theses.fr/2012PA070047.
Full textInternational migration is one of the major dynamics of the Malian population. This is a historical and cultural practice. If it was still considered a tool against poverty for only certain communities over time, we must say that it has experienced notable changes over the last thirty years now involving almost every community in the country. This thesis is at the heart of the analysis of these Malian international migration in relation to the issue's urban investment. Mostly from rural areas, Malian international migrants have become key players in urban centers in Mali with a particular enthusiasm for the capital Bamako. The main objective is to come to grips with urban change and social issues related to ownership of land and property of Malians abroad in areas of facilities in Bamako. Divided into three parts, the first part of this thesis provides an understanding on the one hand, the methodology adapted during the fieldwork, the main components of the District of Bamako, and an overview of international migration in Mali on the other. The second part entitled "Migrants, investment strategy and urban development" is the heart of this research. This is analysis of territorial impacts related to the involvement of migrants in the land and property in the district of Bamako. It also highlights the strategies defined by international migrants and the role of intermediaries throughout the process of real estate investment project of the migrant. The third part in a first step, the operation of land markets. The second part of the study is devoted to the participation of international migrants in the urban economy, the games of players ENTERED migrants and other actors in districts, land disputes and ends on the study of prospects and some suggestions for that revenue from international migration of Malians are a lever for development in Mali and for better management of land and property in urban areas
Chamroeun, Hel. "Les conflits fonciers au Cambodge : contribution à la connaissance du droit de propriété cambodgien." Paris 1, 2008. http://www.theses.fr/2008PA010275.
Full textFernandez, Fernandez Edgar Alberto. "Protection des espaces naturels et propriété privée au Costa Rica." Nantes, 2005. http://www.theses.fr/2005NANT4004.
Full textNatural areas protection law has developed strongly in Costa Rica since the end of the nineteen sixties as a reaction to massive deforestation. These protection imperatives have justified multiplying the amount of mechanisms imposed by the State. But some regulatory mechanisms clashed with a liberal conception of private property. Thus, both because of the concern for the respect of private property and in order to facilitate the enfoncement of statutes, public law resorted to voluntary measures based on the agreement of landowners. Moreover, private law instruments are also used with these goals in mind. This thesis analyses the different types of measures used for the protection of natural areas and affecting private property rights. It brings out the numerous contradictions extant in national legislatio as well as the différent jurisprudential, doctrinal and administrative interpretations
Pandolfi, Laurent. "Une terre sans prix : réforme foncière et urbanisation au Viet-Nam." Paris 8, 2001. http://www.theses.fr/2001PA081874.
Full textMalonga, Alphonse. "La naissance et les fonctions d'un droit domanial en République populaire du Congo." Tours, 1987. http://www.theses.fr/1987TOUR1005.
Full textMore than ten years after the independance was acquired in 1960, congo went on applying the national regulations which had been set up by the french colonial administration. It is characterised by the attribution of land concessions on public property, and by the use by the natives of their customary right upon the land they withold. So, the acquiring of a full ownership of public land and the customary exploitation of the estate by native communities marked the state regulations after the independance. In spite of the adoption of a socialist regime, with a marxist-leninist orientation, in 1963, which set up the state ownership of land, this land law, which has been applied since 1899, still is today. The state reformation of the law no 52 83 of april 21st, 1983, shows that the congolese government want to put an end to the french land policy. New principles are adopted. They permit the state ownership of land and the acknowledgement of a mere right of use for individuals to be settled again. (. . . )
Ateba, Bouli Prosper. "Le régime foncier camérounais : du mimétisme et de la crétivité." Nice, 2008. http://www.theses.fr/2008NICE0049.
Full textThe colonial ideology was based on legal doctrines elaborated since the 16th century from the concept of imperialism, which gives room to territorial conquest considered as the legal mode of land acquisition. These territories were considered as not having Masters. Imperialism was mostly cultural. The territorial aspect was not always the main focus of this ideology, which is not the case of colonialism. France and England were colonial empires whereas the United States has mostly practiced an economic imperialism throughout the 20th century. Land was at the center of colonial concerns and a major stake in the development of economic policiesColonization was initially geared at serving the economic interests of the metropolis through the exploitation of the resources found in the lands acquired. Considered from this perspective, land became essential in the implementation of colonial policies for development. Whatever be the techniques used, it was necessary to have a large of amount of territories. The triple colonial heritage of Cameroon will also be affected by different strategies of land conquest worked out by its German, French and English “Masters”, influenced by a Western vision of the development. Development is however not a static concept. It cannot be limited in space and time because the human spirit is in permanent search of innovations. Thatnowithstanding, there are parameters which make it possible to consider a country underdeveloped or developing. The triple colonial heritage of Cameroon will also be affected by different strategies of land conquest worked out by its German, French and English “Masters”, influenced by a Western vision of the development. Development is however not a static concept. It cannot be limited in space and time because the human spirit is in permanent search of innovations. Thatnowithstanding, there are parameters which make it possible to consider a country underdeveloped or developing. These parameters are economic, social, political, cultural and mental. . .
Filoche, Geoffroy. "Ethnodéveloppement, développement durable et droit en Amazonie." Nantes, 2005. http://www.theses.fr/2005NANT4002.
Full textEthnodevelopment, a goal which seeks indigenous peoples’ adapted and controlled development, is ambivalent in itself. At the same time, indigenous peoples want to preserve and perpetuate their own ways of living, and to adapt themselves to the modern world. Furthermore, ethnodevelopment law originates mainly from peoples law and sustainable development law, law branches that can be seriously conflicting ; the result is that the indigenous peoples’ rights to define and implement their own development in the framework of sustainable development are not easy to approach. The purpose of this work is to think about the real content of the rights recognized to indigenous peoples, regarding their lands and natural resources, their autonomy and participation in decision-making, the use of their environmental practices and knowledge, but also the implementation of their own legal conceptions
Tawaschi, Al-Baiate Hatem. "Le statut du copropriétaire au sein d'une copropriété immobilière : étude comparative de droit français, de droit syrien et de droit musulman." Bordeaux 4, 1995. http://www.theses.fr/1995BOR40027.
Full textScifo, Fabrice. "L'administration et la valeur foncière en droit français de l'urbanisme : contribution à une vision nouvelle des professionnels de l'immobilier." Nice, 1996. http://www.theses.fr/1996NICE0036.
Full textNgomsik, Kamgang Joseph. "Evolution dans la région de l'Afrique centrale des règles foncières et d'urbanisme : l 'exemple du Cameroun." Limoges, 2012. https://aurore.unilim.fr/theses/nxfile/default/e1b837ff-0ef6-4dfd-85bf-8b1c7cf78bc2/blobholder:0/2012LIMO1015.pdf.
Full textThis thesis leads to show that the best knowledge in land evolution, raw material of urbanization, is going throw the study of pre-colonial societies. In fact, this study highlights: The pre-colonial legal system and their inner evolution ;The organization of pre-colonial societies ;Land rules and economic organization. In fact, to know pre-colonial societies means to know the origins of land conflicts which stopped colonial authorities and which stop post-colonial governments to carry out the plentiful land and town-planning texts in operation. Starting from the source we want to demonstrate that colonizer and post-colonial states, by wanting to impose modern rules over wonted ones which they didn’t know the real use of, are responsible for town-planning and land uneasiness which gangrene cities and countryside of the ex-territory from South Africa, Sahara, French Equatorial Africa and Cameroon. Successive economic policies are much stronger than the one which advocated the study of people that we want to dominate. Though, this study was the guarantee of success of planned reforms. Unfortunately post-colonial states follow the way showed by colonial powers
Houedete, Ogounbyi Thomas. "Régime foncier et développement agricole au sud du Bénin : de l'indépendance à nos jours (1960-2002)." Grenoble 2, 2004. http://www.theses.fr/2004GRE21004.
Full textThe purpose of this thesis is to analyse the dynamics and the results of the system of land tenure in southern benin on the region's agricultural development. It aims to contribute to the general approach to the dynamics of the unwritten " common " law of land tenure systems, as regards their relationships to the state and the productive use of agricultural ressources. This study borrows some analysing tools from the old institutional economics. It participates to an empirical study of institutional change from the standpoint of a specific institution - land tenure - in the context of an under-developed agricultural economy, still bearing some scars from its colonial past. The notion of transaction in commons' sense is used here, as is the role of state action through regulating processes to establish the counter-developing nature of land tenure in southern benin. The main reasons of the present institutional deadlock are presented here, along with a few suggestions as to how to modify that land tenure
Lawin, Kotchikpa Gabriel, and Kotchikpa Gabriel Lawin. "Droits de propriété foncière, aversion au risque et performance des petits producteurs agricoles." Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28226.
Full textCette thèse examine d’une part, l’impact des droits de propriété foncière sur la performance des petits producteurs agricoles et d’autre part, le rôle de l’aversion au risque dans la diversification des cultures au niveau des exploitations agricoles. Elle est subdivisée en quatre chapitres. Le premier chapitre fait la revue critique des méthodes et résultats des études empiriques qui analysent l’impact des droits de propriété foncière sur la performance des petits producteurs agricoles des pays en développement. Il montre que les résultats des études empiriques antérieures sont contrastés quant aux effets réels du droit de propriété. L’hétérogénéité des résultats est liée à la fois aux techniques d’évaluation utilisées et au contexte local de gestion du système foncier. Toutefois, les résultats convergent vers une endogénéité entre le droit de propriété et la performance des producteurs dans les contextes où la gestion coutumière du foncier est prédominante. Le deuxième chapitre analyse l’impact des droits de propriété foncière sur l’adoption des innovations agro-environnementales. Il utilise la méthode d’appariement par score de propension pour sélectionner les observations ayant les mêmes caractéristiques observables pour tenir compte du biais de sélection sur les variables observables. Il se base ensuite sur le modèle d’effet de traitement endogène multinomial développé par Deb et Trivedi (2006) pour tenir compte de l’endogénéité entre le droit de propriété et l’adoption d’innovation agro-environnementale. Le chapitre utilise des données détaillées au niveau des parcelles collectées au Bénin sur un échantillon de 2 800 petits producteurs et 4 233 parcelles. Il montre que les petits producteurs adoptent plus intensément les innovations agro-environnementales sur les parcelles dont ils sont propriétaires en comparaison aux parcelles prêtées, louées ou en métayage. Le troisième chapitre utilise le modèle de sélection de Greene (2010) pour les fonctions stochastiques de frontière appliquée à une fonction de distance en output et en combinaison avec la méthode d’appariement pour analyser l’impact de la sécurité foncière sur l’efficacité technique des petits producteurs agricoles. Il utilise également la méthode non paramétrique DEA (méthode d’enveloppement des données) pour analyser l’effet de la sécurité foncière sur la productivité agricole et décomposer cet effet en écart d’efficacité technique et en écart technologique entre les propriétaires terriens et les non-propriétaires. En se basant sur les données d’enquête au Bénin, il montre que les non-propriétaires ont en moyenne un niveau d’efficacité technique plus élevé et sont plus productifs que les propriétaires terriens. Par contre, les propriétaires affichent un net avantage technologique. Le quatrième chapitre porte sur l’effet de l’aversion au risque sur la diversification des cultures chez les petits producteurs agricoles au Burkina Faso. Une expérience terrain sous forme de loterie a été conduite pour mesurer l’aversion au risque des producteurs. Trois indices de diversité spatiale adaptés de la littérature en économie de l’environnement ont été utilisés pour mesurer la diversification des cultures au niveau des exploitations agricoles. Les résultats montrent que l’aversion au risque a un effet négatif et significatif sur la diversification des cultures. Les producteurs averses au risque se concentrent plus sur la production des cultures traditionnelles moins risquées et à faible valeur marchande.
This thesis examines the impact of land property rights on the performance of smallholder farmers and the role of risk aversion in crop diversification at the farm level. The dissertation is structured in four chapters. The first chapter provides a literature review of the methods and results of empirical studies that analyze the impact of land property rights on the performance of smallholder farmers in developing countries. It shows that the results of previous empirical studies are mixed about the real effects of property rights. The heterogeneity of the results is related both to the evaluation techniques used and to the local context of the tenure system’s management. However, the results converge towards an endogeneity between the property rights and the performance of smallholder farmers in contexts where customary land management is predominant. The second chapter analyzes the impact of land tenure differences on the adoption of agri-environmental innovations. It uses the propensity score matching method to select observations with the same observable characteristics to account for selection bias stemming from observed variables. In addition, possible self-selection arising from unobserved variables is addressed using a multinomial endogenous treatment effect model developed by Deb and Trivedi (2006). The chapter uses detailed cross-sectional plot-level dataset collected in Benin and covering a sample of 2,800 smallholder farmers and 4,233 plots. The results indicate that the intensity of the adoption of agri-environmental practices is consistently higher on owned plots than borrowed, rented or sharecropped plots. The third chapter uses the sample selection model introduced by Greene (2010) in stochastic frontier functions applied to a distance function in output and in combination with the matching method to analyze the impact of land security on technical efficiency of smallholder farmers in Benin. It also uses the non-parametric DEA (Data Envelopment Analysis) to analyze the effect of land tenure on agricultural productivity and to decompose this effect into a technical efficiency gap and technological differential between landowners and non-owners. The results show that non-owners are on average more productive than landowners because of their greater technical efficiency, while landowners have a technological advantage. The fourth chapter examines the effect of risk aversion on crop diversification among smallholder farmers in Burkina Faso. A field experiment in a form of lottery was conducted to measure producers' risk aversion. To measure crop diversification, we use three indices of spatial diversity in crop species adapted from the ecological economics literature. The results show that risk aversion has a negative and significant effect on crop diversification. Risk-averse producers focus more on the production of traditional, less risky and low market value crops.
This thesis examines the impact of land property rights on the performance of smallholder farmers and the role of risk aversion in crop diversification at the farm level. The dissertation is structured in four chapters. The first chapter provides a literature review of the methods and results of empirical studies that analyze the impact of land property rights on the performance of smallholder farmers in developing countries. It shows that the results of previous empirical studies are mixed about the real effects of property rights. The heterogeneity of the results is related both to the evaluation techniques used and to the local context of the tenure system’s management. However, the results converge towards an endogeneity between the property rights and the performance of smallholder farmers in contexts where customary land management is predominant. The second chapter analyzes the impact of land tenure differences on the adoption of agri-environmental innovations. It uses the propensity score matching method to select observations with the same observable characteristics to account for selection bias stemming from observed variables. In addition, possible self-selection arising from unobserved variables is addressed using a multinomial endogenous treatment effect model developed by Deb and Trivedi (2006). The chapter uses detailed cross-sectional plot-level dataset collected in Benin and covering a sample of 2,800 smallholder farmers and 4,233 plots. The results indicate that the intensity of the adoption of agri-environmental practices is consistently higher on owned plots than borrowed, rented or sharecropped plots. The third chapter uses the sample selection model introduced by Greene (2010) in stochastic frontier functions applied to a distance function in output and in combination with the matching method to analyze the impact of land security on technical efficiency of smallholder farmers in Benin. It also uses the non-parametric DEA (Data Envelopment Analysis) to analyze the effect of land tenure on agricultural productivity and to decompose this effect into a technical efficiency gap and technological differential between landowners and non-owners. The results show that non-owners are on average more productive than landowners because of their greater technical efficiency, while landowners have a technological advantage. The fourth chapter examines the effect of risk aversion on crop diversification among smallholder farmers in Burkina Faso. A field experiment in a form of lottery was conducted to measure producers' risk aversion. To measure crop diversification, we use three indices of spatial diversity in crop species adapted from the ecological economics literature. The results show that risk aversion has a negative and significant effect on crop diversification. Risk-averse producers focus more on the production of traditional, less risky and low market value crops.
Garlopeau, Ambroise. "Le bornage au XIXe siècle : contribution historique à l'étude du droit de propriété." Poitiers, 2007. http://www.theses.fr/2007POIT3014.
Full textIn the 19th century, the landed property was at the same time a source of income, a source of freedom and of prestige : though, it was the subject of all desires. The most part of the french people could survive thanks to their land and wished to extend it. But the landed property was linked to neighborhood, so delimitations were necessary. The french people found themselves passionate for their land, for measuring and planting boundary stones. From this situation, the limits of properties became the theatre of uncreasing quarrels between neighbours. A lot of trials appeared in french countries because the limits of properties were out of focus. Lawyers and surveyers joined together to make a stable juridical regime, and to offer landowners satisfying solutions. In this context, demarcation became the most beautiful symbol of individual property, as well as an efficient instrument to regulate social conflicts
Masson, Florent. "La propriété commune." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D013/document.
Full textPrivate property is often reduced simply to individual property. However, every legal system also recognizes several institutions that organize co-ownership, sometimes through a legaJ person (e.g., joint tenancy, community property, condominiums, companies, joint and several obligation, etc.). This dissertation recognizes and studies co-ownership as ageneral legal category, as each institution provides concurrent property rights over a particular object. Concurrence is in the core of co-ownership while also constituting ils main problem. Co-ownership must be organized by a set of rules defining powers and duties, delineating how common income should be distributed, who bas the authority to make decisions, etc. This need for organization is the common tliread between ail co-ownership institutions. However, white this legal framework is mandatory, it can be provided for in various ways. We don't organize, say, marital community property in the same way as a condominium or the common assets of a company are organired. But these differences are not arbitrary. They can be explained by a certain set of parameters: the number of owners, the natun of their sociological links, and the aim they are jointly pursuing. This underlying rationality reveals co-ownership as an "ordered pluralism", illuminating each institution and allowing for some analogies to be drawn between them
Bages-Béchade, Sylvie. "Analyse comparative des conditions de planification et d'occupation des sols en France et en Espagne à travers les instruments de régulation." Montpellier 1, 1999. http://www.theses.fr/1999MON10026.
Full textNgumbu, Bibeti. "Evolution des structures juridiques fondamentales : contribution à l'étude du droit privé zaïrois." Strasbourg 3, 1992. http://www.theses.fr/1993STR30007.
Full textThe interest in studying traditional legal systems through the evolution of today's basic legal institutions of zaire is based on the fact that whenever one deal with basic legal institutions, it must refer to both land and family laws. These two fields are extremely mingled and usually considered as the keystone and, perhaps the basis of the human being's existence in african societies. These legal instituions have considerably evolued due to the repeated changes that accurred with the introduction of modern legal systems. With the rise of nation's state independences in africa, the zairen authorities found it necessary to adapt their laws in order to promote a new politic of development, through the enactment of modern legislation either in the field of family laws or in the field of land laws
Poux, Victor. "Usage et propriété - Essai sur l'usage partagé d'un bien." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3062.
Full textFaced with a concept of ownership conceived as absolute and exclusive, the shared use of a good appears as a disruptive element. It is said to limit the owner's powers over his property by the recognition of a plurality of rightholders. Yet, the shared use of a good is a common feature of some current issues. Thus, the protection of the environment and the access to some intellectual property elements, question the notion of ownership. The present study questions the possibility to conciliate the shared use of a good and the concept of ownership. More precisely, the question is whether ownership allows the inclusion of others in the appropriation relationship. This approach requires probing techniques that could be used for this goal. The notion of assignment or the exploitation of a good for a said purpose, could adopt a collective dimension that would allow the realization of the shared use of a good. More specifically, the potentials coming from the emergence of proprietary rights over specific utilities of a good will have to be revealed. Without creating a new theorization, the shared use of a good and ownership could then be reconcilied
Ait, Abi Hicham. "Le pluralisme juridique du système foncier marocain (droit musulman, makhzenien et protectoral) et son impact sur la vente immobilière." Perpignan, 2008. http://www.theses.fr/2008PERP0804.
Full textReal Estate sales issues attract a lot of attention in Morocco today, especially after recent socioeconomic evolution, which happen in the country recently. During the 1990s, rules for sales of land in Morocco changed significantly. Many new academic publications were created which were trying to bring together the existing law and usual practice during its sales in order to protect the owner of the property and so to be able to find a better solution for eventual conflicts with regard to the land matters. In the past few years Morocco has become more involved in the reform process as with regard to land legislations
Akoda, Yaovi. "La recherche d'une protection efficace de l'acquéreur immobilier par le législateur." Strasbourg, 2009. http://www.theses.fr/2009STRA4001.
Full textThe increasing problem relating to the lodging as felt in France in recent years has contributed to a strengthening of the protection of the purchaser of a real estate on behalf of the legislator. Having such an aim in mind, the legislator has pronounced itself on several occasions in some important enactments. Previously, the legislator had expressed such a wish by virtue of the Law of 1967 in relation to the sale of land for redevelopment, and more importantly by the Laws of 13 July 1979 (called «loi Scrivener») and that of the 31 December 1989 (called «loi Neiertz») which has undoubtedly left their marks in this area. However, the laws of 13 December 2000 (named «loi SRU», standing for « Solidarité et Renouvellement Urbains») and that of 13 July 2006 (named «loi ENL», standing for « Engagement National pour le Logement») are now quite indicative of their aims. The strategy put in place for securing such a protection is based on two essential pillars: on the one hand, a right of indeterminate information to the benefit of the buyer, while on the other hand, a right of withdrawal has been reinforced, similarly to the benefit of purchaser. Both rights constitute, as such, efficient ways for the protection of the purchaser. Where the latter resorts to a loan, he is similarly protected by virtue of the mutual play arising out of the contract of sale and that of the loan. The case-law has endorsed such a development and has considered these Laws as matters of Legal policy. Hence, a mixed chamber sitting on 30 November 2007 did not hesitate to qualify the law of 31 December 1975 unequivocally as a matter of Legal policy
Aka, Aline. "Nouvelles approches du droit foncier et de l'organisation territoriale ivoirienne dans une perpsective de sortie de crise." Paris 1, 2005. http://www.theses.fr/2005PA010295.
Full textCampels, Christian. "Existe-t-il un fonds agricole ?" Montpellier 1, 2003. http://www.theses.fr/2003MON10024.
Full textBakandeja, wa Mpungu Grégoire. "Maitrise des sols et aménagement du territoire au Zaïre : Etude comparée avec le droit français et belge." Paris 12, 1988. http://www.theses.fr/1988PA122003.
Full textMadjri, E. F. Loïc Ohini. "La décentralisation au Togo : le droit et ses pratiques." Paris 1, 2005. http://www.theses.fr/2005PA010279.
Full textMpessa, Aloys. "Essai sur la notion et le régime juridique des biens domaniaux au Cameroun." Paris 1, 1998. http://www.theses.fr/1998PA010292.
Full textThis thesis is mainly consecrated to a study of the public properties in Cameroun and it is entitled : + essay on the notion and the juridical regime of the estate property in Cameroun ;. Estate properties are real estate and personal estate(movables) which belong to well known personalities, state, territorial communities and public establishments. Brought in Cameroun in 1921 by the french mandated administration, the notion of state-owned properties recovers actually triple reality : the public estate property, the private estate property and the national estate property. That differentiation of state-owned categories has as consequence to submit those properties to the regime of public law (properties of public estate) and to the mixed regime of public law and private law (properties of private estate and national estate). The thought is based on two fondamentals questions of which any domanial classical study rise on : the problem of identification of those properties between these belonging to the particulars, and the one of their juridical protection and modalities of their juridical utilization. Preceded by a preliminary chapter on the historical conditions of training and the evolution of the notion of estate in Cameroun ; this essay is divided into two parts as follow: part one : the determination of the estate properties part two : the regime of protection and exploitation of estate properties
Sitack, Yombatina. "Droit et filière " intégrée " de la gomme arabique au Tchad : contribution à une gestion patrimoniale." Paris 1, 2004. http://www.theses.fr/2004PA010273.
Full textBourmouche-Yacoubi, Fatiha. "Le droit, le foncier pastoral et les sociétés Tamacheq : entre ignorance et reconnaissance." Paris 1, 2004. http://www.theses.fr/2004PA010267.
Full textPlançon, Caroline. "La représentation dans la production et l'application du droit : études de cas dans le droit de propriété foncière au Canada/Québec, en France et au Sénégal." Paris 1, 2006. https://tel.archives-ouvertes.fr/tel-00189910.
Full textCouttenier, Pierre. "Du périmètre sensible a l'espace naturel sensible : contribution a l'étude d'une évolution législative." Montpellier 1, 1990. http://www.theses.fr/1990MON10033.
Full textMassé, Nathalie. "Impacts des incertitudes du cadastre du Québec sur la sécurité des droits fonciers." Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28000.
Full textKorogone, Eloi Mere. "La négociation dans la régulation foncière-environnementale au Bénin." Thesis, Limoges, 2020. http://www.theses.fr/2020LIMO0006.
Full textThere is no consensus on Beninese land and environmental law at the level of rural communities because of the exogeneity of its legal referents. The fiction that characterizes positive law does not make it possible to respond effectively to the needs for standards of actors at the various levels of land and environmental regulation. The legal complexes with regard to the law of the colonizer and the unfavourable prejudices on legal endogeneity constitute potential threats to the national ecological interest and to the land tenure-environmental security of rural communities that live exclusively from family farming. In the face of the declared ecological emergency, climate change and the insecurity of land tenure in protected areas and common land heritages, a new legal perspective must be given to the relationship to land and the biotic elements it supports. The challenge for Beninese positive law is twofold: (a) taking account of local practices, customs and habits, insofar as their legality has been proven, which makes it possible to establish State law in its socio-cultural and economic context and to ensure its effectiveness in the governance of land and environmental resources; (b) the establishment of transparent mechanisms for the settlement of rural land conflicts and the development of mechanisms to take social arrangements out of orality for more formalism and socio-ecological coviability. Socio-ecological coviability depends on the country's ability to bridge the gap between legal endogeneity and State law. And only negotiation in land tenure-environmental regulation makes it possible to move towards this pragmatic legal perspective through a socio-anthropological approach to negotiated law