Dissertations / Theses on the topic 'Qualification (droit)'
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Vindard, Virginie. "La qualification en droit fiscal." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G047/document.
Full textThe qualification is the intellectual process by which is attributed to an act or a fact its legal nature. The am of the concept of qualification is to apply a legal regime. Tax law does not derogate from the intellectual approach. As in all other branches of law, qualifications play a fundamental role. However, tax law implies some originalities. Tax law already apprehends legally qualified to apply a tax regime thanks to the civil law. It is in this understanding that proves the specificity of the tax law. It does not adopt a neutral attitude towards the legal qualifications to be watching him as being unenforceable , either to exploit. If the tax qualifications can overcome the legal qualifications, they have a special relation marked by the seal of independence to the characters and each tax own logic. Differences in tax qualifications exist. Such a situation may affect the unity and cohesion of the tax law. However, the tax judge ensures a certain harmony in the application of skills, in implementing a similar reasoning to draw tax qualifications converging around which revolve the charges
Lahalle, Thibault. "Qualification juridique du corps humain." Paris 2, 2002. http://www.theses.fr/2002PA020123.
Full textJanville, Thomas Guinchard Serge. "La qualification juridique des faits /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb39159431c.
Full textRaimond, Sébastien. "La qualification des contrats d'auteur." Thesis, Paris Est, 2008. http://www.theses.fr/2008PEST2005/document.
Full textCharacterization of contracts in view of French Authors’ Rights Law brings out a reversal of the logic usually governing the construction of contractual categories. Various authors’ rights contracts, whether they have legally specified names or not, are more defined in relation to their environment than in relation to their effects. The conveyancing effect is common to any author contract. The mention of a price and the obligation of exploitation are commonplace in several “legally named contracts” in French author law. Therefore the characterization of an author law contract is first and foremost related to its human and material environment: i.e., the kind of creation, or the kind of authors’ right mentioned in the contract, or the legal identity of the parties, notably the identity of the contracting party as an “author”. Contrary to characterization of an author contract in view of French Authors’ Right Law, characterization of an author contract in view of French Civil Law relates more to its effects than to its environment. This is logical, since contractual civil code categories are not defined in relation to the environment of contracts. Because the legal nature of an author contract is not an obstacle to its characterization in the field of Civil Law, the effects of author contracts are the only relevant criteria for distinguishing between them. When the obligation of exploitation is not subsidiary, the characterization of an author contract as a sale contract can only be set aside. The terms and conditions of exploitation management in some author contracts underline the fact that, most of the time, publishing contracts, representation contracts, and production contracts are in fact contracts of lease
Assengone, Nadia. "La qualification d’obligation de non-concurrence." Perpignan, 2014. http://www.theses.fr/2014PERP1272.
Full textThe non-compete prohibits the debtor to exercise concurrent activity of the creditor. However, the notion of non-compete obligation causing controversies. To define carefully the concept of prohibition of competition, this study aims first to identify the elements of the qualification of non-compete obligation, before experiencing their implementation. The first part identifies the characteristic elements of the non-compete obligation, qualifying dependent mainly on its object. The second part differs, or otherwise treats the obligation of non- competition with other contractual stipulations. It also allows you to discover that the non-compete obligation maintains doubtful relationship with some of these stipulations. If their purpose is formally different from the non-competition, the effect of some of these provisions may lead judges to reclassify them in non-compete obligation
Janville, Thomas. "La qualification juridique des faits." Paris 2, 2002. http://www.theses.fr/2002PA020092.
Full textPuig, Pascal. "La qualification du contrat d'entreprise." Paris 2, 1999. http://www.theses.fr/1999PA020019.
Full textMahmoud, Mohamed Baha. "Le problème de la qualification et ses applications dans les systèmes juridiques, français, anglais et égyptien." Paris 2, 1997. http://www.theses.fr/1997PA020007.
Full textPuig, Pascal. "La qualification du contrat d'entreprise /." Paris : Éd. Panthéon-Assas : diff. LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38823702m.
Full textTurgeon-Dorion, Louis. "La qualification du préjudice en droit civil québécois." Thesis, Université Laval, 2014. http://www.theses.ulaval.ca/2014/30590/30590.pdf.
Full textGantschnig, David. "La qualification générique de contrat d'entremise." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10056.
Full textLe résumé en anglais n'a pas été communiqué par l'auteur
Asencio, Stéphane. "La disqualification en droit privé interne." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40009.
Full textDisqualification is a qualification wich, at first, is abnormal. As such it appears as a (intentional or not) disturbing phenomenon of the law systemization. This phenomenon is in all legal fields. Disqualification is often confused with requalification which may include other circumstances due to the fact that requalifying consists of coming back to a correct qualification. Requalification is precisely the sanction of disqualification. Disqualification being an unknown disturbing phenomenon it seems logical to analyse it exhaustively which means by apprehending it as a legal concept where logical destiny is to be sanctionned. In the concept of disqualification we should fully discover this phenomenon both in its appearances and reality. In its appearances disqualification can be understood by its nature, its sources and its effects. From there it appears that disqualification is a particular phenomenon an abnormal qualification and as such as well ads a mechanism and a legal result, with various sources, for example, legal, judicial, and various effects. In its reality we discover how disqualification comes from its objects (legal situations) and its roots (legal concepts and categories). Trough its sanction we see what is the destiny of disqualification. Considering its noxious effect, it should be naturally eradicated. However a certain number of conditions must be firmly joined together in order to ensure this sanction, first of all the real presence of a disqualification and then after the possibility of requalifying. Anyway the sanction of disqualification is limited by technical and rationnal reasons. In the last case we are no longer really in presence of a disqualification by rather in one of dequalification
Dupuis-Toubol, Frédérique. "La nature juridique du programme d'ordinateur." Paris 10, 1985. http://www.theses.fr/1985PA100195.
Full textGrizon, Anne-Laure. "La qualification du contrat de mandat." Paris 11, 2010. http://www.theses.fr/2010PA111016.
Full textFrossard, Serge. "Les qualifications juridiques en droit du travail." Lyon 2, 1997. http://www.theses.fr/1997LYO22023.
Full textThe concept of legal "qualification" is the technic by which the law defines facts, situations and behaviours to be dealt with. It is based on a reasonning of a syllogistic form which give the possibility to classify facts within categories. Labour law, even if it does not have any peculiarity on the matter of legal "qualifications" can be distinguished by the legal categories based on. The first part regards a study of the legal "qualification" in labour law. My aim is to analyse the problems linked to the specificity of the legal "qualification" in labour law. My aim is to analyse the problems linked to the specificity of the legal qualifications in labour law in order to find a definition on which base the legal qualification is possible. Moreover, I considerer the control by judges on the legal "qualifications". The second part focus on the relationships of legal "qualifications" coming from differents sources. The "qualification" made on a contractual basis have limited effects due to the qualifications of public order. Besides, one has to analyse the relationships of "qualifications" of international labour law (eu law or ILO regulations) with the national legal system
Minois, Maud. "Recherche sur la qualification en droit international privé des obligations." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB132.
Full textFor a long time, the lege fori characterisation has dominated the international scene. It has evolved from a strict conception, witness of a particularistic approach of private international law, towards a more flexible conception. Nowadays, authors accept the lege fori characterisation as an appropriate characterisation method. Faced with the law of obligations, the lege fori characterisation shows its weaknesses. It is suffering from an original defect which prompts interrogations on its merits. Even relaxed, the lege fori characterisation cannot be detached from the concepts of the lex fori. An international situation will therefore be resolved according to concepts dictated based on the needs of the law of the forum. Such inadequacies can be observed when studying hybrid cases. Hybrid cases hypotheses are extremely difficult to classify as they stand on the border between matters relating to tort/delict and matters relating to contracts. The present study will search for a characterisation model able to fulfil the international function of the rule to apply. A European understanding of characterisation exists beside the lege fori characterisation. It revolves around the elaboration of autonomous characterisations, in principle distinct from the lege fori characterisation. The European Court of Justice chose an autonomous characterisation for the notions of matter relating to contract and matter relating to tort/delict. Faced with the lege fori characterisation, the autonomous characterisation reveals its true nature. In some respects, it is a type of lege fori characterisation. From another perspective, it diverges from it and can be interpreted as a true international characterisation. Unlike the lege fori characterisation, the autonomous characterisation fulfils the international function of the private international law rule. Therefore, it is suitable to the needs of international affairs. Once the merits of the autonomous approach have been established, it is necessary to consider whether it can be generalized or not. Indeed, the adoption of a complete set of rules in European private international law relating to contractual and non-contractual obligations highlights a debate on the opportunity to adopt a unitary characterisation for the common notions of the Rome and Brussels Conventions and Regulations. The present study suggests to consider an autonomous and monistic model for characterisation but only to the extent international relations are involved
Marly, Pierre-Grégoire. "Fongibilité et volonté individuelle : étude sur la qualification juridique des biens." Paris 1, 2002. http://www.theses.fr/2002PA010312.
Full textClamens, Stéphanie. "Le critère matériel, critère d'analyse du droit administratif : éléments pour une étude renouvelée de la distinction entre droit public et droit privé." Paris 13, 2000. http://www.theses.fr/2000PA131023.
Full textEl, Kareh Charbel. "La qualification juridique des services en ligne de résolution des conflits." Paris 11, 2008. http://www.theses.fr/2008PA111001.
Full textZulian, Isabelle. "Le gène saisi par le droit : la qualification de chose humaine." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32055.
Full textThe DNA of human origin is one of the elements of the biological definition of the Man since it takes part of his genesis and its development. Information which conceal this molecule of DNA is clean, at the same time, with the human race, and the being from which it is resulting. Element of the human body, this entity can, from now on, be dissociated about it. This vital element becomes, then, a particularly coveted resource, as well by the scientists as by the industrialists, since it became a formidable tool of exploitable knowledge. However, the right, whose anthropological function is irreplaceable, must take care that this source of the life cannot be the subject of any privative right. The phenomenon of reification of DNA, induced by the desire of appropriation which it causes, is likely of instrumentaliser the human being. The legislator must, consequently, try to dam up these threats which the duelle nature of gene can induce. The present study, in a research which wants to be all at the same time positive and prospective, proposes to show that only an intermediate qualification, following the people and in prelude to the things, the concept of human thing, makes it possible to equip this entity with a mode sui generis, enough flexible to take account of the reification necessary and impossible to circumvent of which it is the object and, nevertheless, sufficiently constraining to prevent that its specificity purely and is simply evacuated
Rochfeld, Judith. "Cause et type de contrat." Paris 1, 1997. http://www.theses.fr/1997PA010323.
Full textThe definition of the cause most often used to control the existence of a cause of the obligation of the person who has promised seems to be identical to the type of contract. This definition refers to a contract model and its correspondance within which either by choice or by force - obligatory types of contract, standard form contracts or automatic contracts - the contracting parties mould their will. The cause really corresponds to that which is identical to the type of contract. However this definition reveals a contradiction. Whenever the parties use the faculty offered by article 1107 of the civil code to create a contractual structure which does not correspond to a known type in order to serve an atypical end, the cause cannot be understood as resulting immediately from the structure used. It must then be researched for in the individual definition given by the parties. The rigid dichotomy of causes, objective-subjective, in relation to the control exercised - of the existence or the licitness of the cause, must therefore leave room for an opposition of the typical and the atypical cause, individually defined. As a result the control of the existence of the cause is diversified. In the first case, the typical definition of the causes applies to the parties because they have exclusively chosen a type of contract. It becomes obligatory and is extended to the remedies integrating the link between the cause and the contractual structure used. In the second case, the judge checks that the expected consideration corresponds to the definition given by the parties or the one which makes sense of each party's undertaking
Partyka, Patricia. "Approche épistémologique de la notion de qualification en droit privé français." Montpellier 1, 2004. http://www.theses.fr/2004MON10054.
Full textSehil, Nouha. "Montages contractuels : qualification, enjeux et perspectives, contribution à l'analyse en droit privé et en droit public." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1090.
Full textStemming from the practice,the phenomenon of the contractual editings became a daily reality of business'life, labor relations, and even economic law. The question settles then of its reception by positive law. Absent in the legal vocabulary, the editing is a concept to be defined. From a theoretical point of view, it represents an articulation of a set of acts or operations with the aim of an appropriate purpose. However, it's far from reflecting a uniform reality. In private law, as in public law, it's a dialectic between standard and practice, even between the complexity and the complication because it departs from the classic contract's plan, what raises the question of its insertion in the contractual order. From a practical point of view,it appears as a multidisciplinary and diversified phenomenon which couldn't be separated from the economic imperatives.An analysis of the various financial and fiscal aspects allows a better understanding of its transverse character. As any engineering, the jurisprudence and the legislator try to get grips with. For the editings putting in the presence of the crossed problems of public and private law, the implementation of the contractual solutions relative to the financing deprived of public equipments such as the formulae of Public Private Partnership of services (CP, GAPED, essential AOT ), works contracts (interested state control, lease), is essential. Also, regarding real-estate development, these solutions have to allow an outsourcing of the technical project ownership of the construction's operations (VEFA, lease-back, contracts of real-estate development..)
Lormeteau, Blanche. "Chaleur et droit : éléments de qualification du service public de l'efficacité énergétique." Nantes, 2014. http://www.theses.fr/2014NANT4012.
Full textFighting against global warming and biodiversity loss require to rethink the human-nature relationships. The anthropogenic perception of each ecosystem element value is one of the causes of the natural resources depletion. Man assigns a particular utility to each of them, depending on its needs, and neglects their utilities for the overall ecosystemic balance. The law, through the application of legal characterization brought by the law of property is a reflection of such an assignment. Thus, energy sources with full legal recognition are those which have a legal characterization of property. Correspondingly, these are the ones that are most used and those whose exploitation entails the greatest impact on the ecosystemic balance. Yet, each ecosystem element is both a source and an energy producer, because each contains heat. The meeting between law and heat, through the operation of legal characterization, allows to get out of the predominantly anthropocentric conception of value, by defining the anthropogenic and natural uses of ecosystem elements equally. Qualified as legal thing and legal property, the heat is then provided with a legal system based on the research of the ecosystemic balance. The values of the heat-thing and the heat-property, as ecological function and ecosystem service, allow to redistribute legally recognized uses to elements of nature, which all contain heat. Engergy efficiency service public becomes fully efficient by focusing on promoting the rational use of natural elements such as energy sources and valorizing them directly, for thermal uses
Tchotourian, Ivan Dereu Yves. "L'affectio societatis, critère de validité et de qualification du contrat de société." S. l. : Université Nancy 2, 2007. http://cyberdoc.univ-nancy2.fr.
Full textEl, Shehhat Hatem. "Qualification du fait pénal et droits de la défense." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30011.
Full textUndoubtedly, the qualification is the essential element of criminal proceedings. The objective of this study is to find an answer to the following question : which are the guarantees of the defendant against the considerable power of the jurisdiction in the legal classification ? Two fundamental guarantees which have to be respected are : firstly, the right to be informed of the facts and their legal classification. This guarantee has to be provided for every accused, not only during full judgement but also during preliminary proceedings. The right to be informed is guaranteed either directly through the notification of the facts and their qualification to the accused or, indirectly, in the course of other procedural acts like the act of coercive measures, the acts of submission of the case to the court and the hearing. Secondly, the right of limitation of criminal facts. This right is guaranteed by the rules of reference to a court. The judicial authorities are obliged to respect the limits of criminal offence in the case. These must stay identical to the facts notified through the procedural acts. The defendant also has the right to be informed of every change in the qualification in order to be able to prepare his defence
Henry, Alexandre. "Qualifications et conflits de juridictions." Reims, 2005. http://www.theses.fr/2005REIMD011.
Full textCharacterisation in relation to conflicts of juricdiction has long led to a lack of interest in case law and legal theory. This is justified by the fact taht in case law, for a long period of time, the characterisation of jurisdictional competence was deduced from the characterisation of legislative competence, before being driven by the characterisation o internal competence. As for legal theory, authors such as Bartin, Niboyet and Pillet have long been locked into a dogmatic method that ignores the specific nature of the characterisation of jurisdictional competence and neglets the true dimension of international private law disputes. This requires the promotion of a pragmatic method that integrates, from the stage of characterisation of conflict of jurisdiction, the procedural and substantive aspects of such disputes. Once the guiding principles for characterisation have been identified, it seems necessary to verify the relationships that the characterisation of conflict of jurisdiction must have with the characterisation of conflicts of laws. On this point, it appears that to the two competences have complementary links insofar as, on the one hand, their legal categories are often defined on the basis of the nature of the legal relationship and are based on substantive definitions and, on the other hand, are based on a single definition of the object of characterisation, oriented towards the project or the legal question. In order to respect the specific nature of the objectives of juridictional competence in comparison with those of legislative competence, it is necessary for first-stage characterisation to be carried out autonomously without being independent of second-stage characterisation, due to the substantive nature of the definitions of the concepts attached to the legal categories. This confirms that only the promotion of a pragmatic method, as previously identified, and based on an appropriate definition of the legal categories between the two branches of the law of conflicts, can resolve situations where there is a discrepancy in characterisation and postulate a flexible unity of characterisations to ensure the consistency of private international law solutions. In two judgments, the Cour of Justice of the European Union (CJUE, 21 janvier 2016, Ergo Insurance ; 28 juillet 2016, VKI), established a monist theory of characterisations
Décima, Olivier. "L'identité des faits en matière pénale." Bordeaux 4, 2006. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099801.
Full textDespite the indisputable importance of the notion, the Penal law has difficulties in defining what exactly fact is. One can answer classically in comparing fact and law : the fact being different either in its materiality or by its qualification. It would therefore be as "material as it is "legal". However this distinction has important limits and does not allow one to precisely define what a distinct fact is. It is therefore in reconciling law and the fact that an adequate criterion could be suggested. Furthermore, the way in which a distinct or new fact is treated in criminal law, especially during trial, has never been the subject of in depth research. It would seem nonetheless that the said fact is subject to general rules whose study could contribute to an understanding of the mechanisms of the penal proceedings
Seigle-Ferrand, Orianne. "Droit de la construction et droit de la consommation : Essai sur les critères de qualification des contractants." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD045/document.
Full textIn a building construction operation, two sets of rules, which are construction law and consumer law,are superimposed to bring a level of protection to the consumer purchaser of real estate. Correlatively,they generate many obligations for the professionals. The objective of this research project is thereforeon the one hand to provide an inventory of the various protection issues arising from the cumulativeapplication of these two branches of law and, on the other hand, to propose settlement solutions in caseof "conflict". Although the positive consequences of such a combination are undeniable, this studywould not be complete if one did not also take into account the perverse effects which this dualprotection may entail in practice with regard to the economy of the contract, the building sector and thespirit of construction law in a more general way. The aim is to make law more effective in order tosecure, as far as possible, the construction operation for all the players in the sector: for professionals totake stock of their responsibilities and obligations (entrepreneurs, promoters, architects, bankers,solicitors …), than for the "real estate consumer", who must be able to have a clearer view of thecontracts submitted to him so that his consent might be truly informed
Gallardo, Eudoxie. "La qualification pénale des faits." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32032.
Full textThe approach of the characterization of the facts in criminal law is generally treated as an intellectual operation ruled by the principle of legality and more particularly by the principle of the strict interpretation of criminal law. Such an approach hides the procedural dimension of the characterization of facts in criminal law which is, however, essential to the protection of individual freedoms. The union of these two aspects of the characterization leads to a static form: the characterization of facts. Situated between the incrimination and the offense, it proposes an intermediate status where the nature of the criminal facts will be represented intellectually taking into consideration the evolution of the criminal trial. More precisely, the characterization of facts is analyzed as a framed and applied representation of the nature of the criminal facts. Framed by the principles of legality and of the right to a fair trial, the criminal characterization of facts offers a legalist and fair image of the criminal nature of the facts. But the frame alone is not sufficient to elaborate the notion of characterization of facts. Its elaboration begins upstream when it is a sheer presumption in the mind of the qualifying authority. It is during the process of a repressive and symbolic application that the characterization of the facts materializes, thus becoming a judicial object. In a manner peculiar to criminal law, the characterization of the facts becomes a concept which suggests a way to apprehend the criminal nature of the facts
Pastré-Boyer, Anne-Laure. "L'acte juridique collectif en droit privé français : contribution à la classification des actes juridiques." Montpellier 1, 2004. http://www.theses.fr/2004MON10067.
Full textMaury, Stéphanie. "Essai de qualification juridique et fiscale des revenus de la propriété littéraire et artistique." Paris 1, 2010. http://www.theses.fr/2010PA010253.
Full textHenry, Xavier. "La technique des qualifications contractuelles." Nancy 2, 1992. http://docnum.univ-lorraine.fr/public/BUD_T_1992_0003_HENRY_1.pdf.
Full textThe description of the technique of qualifying contracts necessitates the drawing up of an inventory of all the methods used to identify contracts. The first part synthesizes the criterions of qualification of elementary (in opposition to composite) contracts, whether they are named or unnamed. The concepts of objects and consideration of contract do not supply the unitary notion necessary for this research. A concept which synthesizes two structures of legal definition has been prefered. The internal structure, which has been studied under the first heading, consists of a collection of obligations connected to each other by causal bonds. The external structure, which has been studied secondly, places the contract in its concrete environment (object of the prestation), in its personnal environment (capacity of the parties) and in its legal context same agreement and in its legal context (insertion in agroup of contracts). The second part of the research describes the techniques of combining different obligations in a same agreement. It distinguishes between the different procedures of composite agreements and contributes to the discoevry of the principles of their rules. The first two headings concern the composite agreements which respect combined elements and the distinction between hierarchical integrations (accessory obligations) and egalitarian ones (composite contracts). On the contratry, the third heading concerns the techniques which distort the combined elements
Weber, Helmut. "Die Theorie der Qualifikation : Franz Kahn, Etienne Bartin und die Entwicklung ihrer Lehre bis zur universalen Annerkennung der Qualifikation als allgemeines Problem des Internationalen Privatrechts (1890-1945) /." Tübingen : J.C.B. Mohr, 1986. http://catalogue.bnf.fr/ark:/12148/cb374640812.
Full textPanayotopoulos-Tsiros, Panayotis. "La qualification d'une entente aux fins d'application du droit communautaire de la concurrence." Paris 2, 1987. http://www.theses.fr/1987PA021032.
Full textNobili, Anne. "La qualification du personnel de l'officine pharmaceutique." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32036.
Full textIn exchange for a drug retail distribution monopoly, which is consented to them in the interest of public health, chemists are subjected to many obligations. In particular, these obligations consist of qualifications requirements for people working in chemists' shops. They concern, first of all, chemists whose long and high level university education is a guarantee of competence and the quality of the pharmaceutical act (part i). They also apply to other members of the chemist's staff. Only certificied assistants can carry out preparation and distribution operations, under the chemist's supervision (part ii). This is the principle of "personal exercise" which required the chemist, when he doesn't carry out these operations himself, to carefully supervise them. Then, in virtue of this principle, a chemist must be present in the chemist's shop to ensure that a member of a medical profession is always available (part iii)
Onguene, Onana Dieudonné Édouard. "La qualification d'investissement étranger. Contribution à la notion juridique d'investissement et à la définition de l'extranéité." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28055/28055.pdf.
Full textFayed, Abed. "La qualification du contrat d'assurance : étude de droit civil comparé français et égyptien." Paris 1, 2003. http://www.theses.fr/2003PA010290.
Full textTeullet, Marie. "Les espèces exotiques envahissantes et le droit de la mer : essai de qualification." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020038.
Full textAlien invasive species are a growing concern, but are they an object as any other in international law ? An invasive alien species is a living species which, by its mere presence in an ecosystem outside its natural range, causes deleterious effects which is not the case in its native ecosystem. Is the law of the sea equipped to meet this new threat ? The classification of its effects in international law, and more specifically the law of the sea, is as innovative as capital. The legal treatment of invasive alien species so far has been tied to the struggle for the conservation of biological diversity without wondering, in advance, what its classification is. What if alien invasive species are considered pollution ? Considering this hypothesis means studying instruments of international law, and more precisely those of the law of the sea, as well as marine pollution. If one can allow to identify invasive alien species as a source of pollution, it remains a new form of pollution that has never been recognized before by the instruments of international law : a biological pollution. This pollution, independent of those already existing in international law, implies the need to rethink the definition of marine pollution
Panayotopoulos-Tsiros, Panayotis. "La Qualification d'une entente aux fins d'application du droit communautaire de la concurrence." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37608594v.
Full textTricoire, Jean-Philippe. "Les concours d'actions en matière immobilière : option ou cumul entre les actions concurrentes." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32058.
Full textThe multiplicity of lawsuits may be defined as a situation in which the conditions of cogency of several separate suits are simultaneously grouped under one plaintiff based upon a common de facto situation. Thus defined, the multiplicity of lawsuits questions the effective practice of these concurrent suits by the litigants during the legal proceedings. In other words, the multiplicity of lawsuits leads one to wonder about the legality of both the option and the accumulation between the concurrent suits. However, despite the uniqueness of the accepted definition the multiplicity of lawsuits appears to be a multi-faceted phenomenon of which numerous concrete forms can be regrouped into distinct categories based upon the diversity of their respective generating mechanisms. For example, a distinction has to be made between the multiplicity of lawsuits provoked by a multiplicity of qualifications on the same factual element and the situations of multiplicity linked to the existence of a plurality of lawsuits revealed by a simple methodical application of the law, irrespective of any convergence of qualifications. This heterogeneousness of various types of multiple lawsuits has as a consequence a diversity in their respective implications on the judicial system. Therefore, it can legitimately be asked whether it is possible to carry out a uniform practical treatment of different types of multiple lawsuits. In other terms, is the phenomenon, under its multiple forms, susceptible to receive a unique treatment or does the diversity of its forms entail – in accordance with the ‘differing nature equals differing regulations’ principle – a diversity of treatments implemented by positive law in order for it to be apprehended?
Marly, Pierre-Grégoire. "Fongibilité et volonté individuelle : étude sur la qualification juridique des biens /." [Paris] : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484025805.pdf.
Full textErgan, Emmanuel. "L'attribution a titre gratuit du benefice du contrat d'assurance sur la vie : essai d'une qualification liberale." Rennes 1, 1999. http://www.theses.fr/1999REN10407.
Full textLe, Labourier-Fleury Le Gros Géraldine. "Le cumul de droits de propriété intellectuelle." Caen, 2007. http://www.theses.fr/2007CAEN0082.
Full textBoskovic, Olivera. "La réparation du préjudice en droit international privé." Paris 1, 2000. http://www.theses.fr/2001PA010355.
Full textLemoine, Chloé. "La distinction en droit, une approche épistémologique." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_lemoine_c.pdf.
Full textUsually conceived as based on opposition and emanating directly from data, distinction is often confused with classification, thus confining law to a process of systemic thinking and exacerbating the distinction – opposition conceptualisation. Such a confusion prevents from apprehending legal facts differently than by considering exceptions, fictions and sui generis situations, all of them conceived as legal abnormalities that should be overrun. Legal reasoning is currently thus a research of statutes subsumed under a summa divisio, even when lawers are conscious of their imperfections. However, all distinctions are socially constructed since law is based on a constructed sociocultural reality. In fact, indexation corresponds to procedures frequently used to integrate notions used in law discourse. While classification is sometimes used in indexation, its importance is relativised by opening the reasoning to procedures commonly used in law, the importance and diversity of which are often poorly understood. Law is then conceived as a series of open indexes aiming at standards that acquire meaning due to interpretation. In parallel, distinction partly calls qualification into question by imposing limits upon it or even supplanting it. Distinction allows the use of knowledge that integrates antinomies as a form of interpretation and stresses hermeneutics as the very center of legal sciences
Baugard, Dirk. "La sanction de requalification en droit du travail." Paris 1, 2006. http://www.theses.fr/2006PA010300.
Full textPapaux, Alain. "Essai philosophique sur la qualification juridique, de la subsomption à l'abduction : l'exemple du droit international privé /." Bruxelles : Paris : Zurich ; Bâle ; Genève : Bruylant ; LGDJ ; Schulthess, 2003. http://catalogue.bnf.fr/ark:/12148/cb389599461.
Full textAllen, Gretchen. "Qualification de la restriction de concurrence en droit antitrust comparé : à la recherche du standard perdu." Paris 5, 2011. http://www.theses.fr/2011PA05D015.
Full textAntitrust law, originally intended to contain the development of trusts following the industrial revolution in the United States, was for nearly a century the only system of competition law, and of limited scope: covering only cartels, abusive monopolization and anticompetitive mergers. Today, over 100 jurisdictions have adopted antitrust laws, and the scope has been widened to include other areas of competition, in which all of the anti-competitive practices covered concern restraints on competition. Even though markets are now globalized, antitrust laws remain national. In this context, restraints on competition are difficult to qualify given the ambiguity of their legal and economic definitions. The debate between standards and rules in this field is not new. However, absent international antitrust laws, it is posited that a standard qualifying restraints on competition is better adapted to the multiplicity of jurisdictions treating similar restraints. Given their longevity, the comparison of American and European antitrust laws lays the foundation enabling the formulation of the diverse standards or rules. To this end, the substance of the qualifying standard of restraint on trade is analyzed in each system: a legislative standard under the law of the United States; a "constitutional" standard, in European Union Law (Part One). Only then is it possible to address the application of these standards and to observe any modifications induced by the evolution of economic theory. This brings the author to propose a renovated standard, which integrates not only substantial law, but also clarifies the standard of proof of restraints on competition in a global context (Part Two)
Bou, Khalil Faraj Nada. "L'irruption de la catégorie d'oeuvre audiovisuelle en droit libanais." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10010.
Full textThe examination of the provisions of Lebanese law number 75 dated on April 3, 1999 concerning the literary and artistic property for audiovisual works allow us defining the legal framework for this type of creation. Therefore, to reach the copyright protection, any audiovisual work shall benefit from a certain degree of originality and shall also meet the legal definition of an audiovisual work stipulated in article one of the Lebanese law. Once the necessary conditions for an audiovisual work protection are defined, we can proceed with the study of legal regulations applicable to this kind of creation. Audiovisual works are qualified by article 9 of the Lebanese law on collective works. Based on the audiovisual work qualification, we can define the applicable legal regulations. This involves identifying the different “actors” of audiovisual work, their rights and ways of exploiting these rights