Dissertations / Theses on the topic 'Réalisation des sûretés réelles'
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Dols-Magneville, Mathilde. "La réalisation des sûretés réelles." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10074/document.
Full textThe decree of the 23rd of March 2006 and bankruptcy and fiducy Acts deeply reformed the French security rights, specially their realization. The legislator had several aims. He tried to ensure to the creditor the efficiency of his security and to protect the debtor’s and third parties’ interests. He also targeted to strike a balance between efficiency and protection. Due to the reform, securities in the form of real or personal property become closer and a common set of rules is emerging. Raising a common set of rules is one of the ways to achieve the legislative aims. On one hand, to raise the efficiency of his security rights, the creditor has an option. In case of debtor default, the way to realize the security can be chosen. The creditor can be alternatively satisfied by a priority right or an exclusive right. On the other hand, debtor and third parties’ protection is based on the respect of their economic interests, their human dignity and on legal certainty. In this way, creditor’s option and satisfaction are limited
Michel, Claire-Anne. "La concurrence entre les sûretés." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D072.
Full textDuring 20th century, number of securities increased. The question then arises of the relations of such securities between them and their future. According to a classical approach, security-models -guarantee, pledge and mortgage – would be in crisis and compete with new securities – securities of substitution -, which are destined at the end to benefit from a monopoly. However, this analysis is based on questionable postulates; the question must then be considered in another way.It is firstly necessary to determine if lawmaker and jurisprudence are favorable to the existence of this competition. The question is political. It reveals the reluctance of this competition for security law : regarding real securities, a competition does exist, but it is kept at bay, so that security-models are not threatened.It is then necessary to compare the essential characteristics of securities to determine if they are substitutable. It is a technical question. It does not allow more to characterize the existence of a competition : it is impossible between the techniques of personal securities, whether because such techniques are not substitutable, or because only one security has been created; between the techniques of real securities, reforms erode the distinctions between them, the competition is therefore disappearing.Security law is therefore opposed to any competition ; the survival of security-model is not threatened
Séjean-Chazal, Claire. "La réalisation de la sûreté." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020069.
Full textUp until the order of 23 March 2006 on security rights, a creditor aiming at realizing his surety had to resort to the procedures of execution available to any creditor in order to implement his general right of pledge. The effects of the real surety would manifest only after the execution sale of the encumbered property, through the preferential satisfaction of the creditor during the proceedings of the price distribution. The 2006 reform of the law of security rights has altered this situation by generalizing the judicial attribution and by legalizing the conventional attribution of the encumbered property. These modes of realization are deemed to be simpler and faster than the traditional enforcement proceedings, but also more efficient to shut out the other competing secured creditors. From now on, the creditor benefiting from a real surety is favoured as soon as he exercises his rights against the defaulting debtor. In order to exercise his power of constraint, he may rely on all the enforcement proceedings that are specific to the real surety. The legislator has carefully provided guidelines to use these attribution techniques to protect the interests of the debtor. However, the legal framework applicable to these modes of realization deserves to be adjusted in order to improve their legal certainty, their efficiency, and therefore their attractiveness. The effects of these modes of realization against the competing secured creditors of the recipient are not completely clear. Attribution is often presented as a technique that ensures the plaintiff an exclusive satisfaction, while the competing creditors’ claims are redirected on a hypothetical consigned remainder. Although the other creditors cannot take part in the procedure, nothing justifies that their rights be undermined. It is therefore important to determine how to reconcile the optional attribution of the encumbered property and the rights of the competing secured creditors
Fu, Chao. "La sûreté flottante dans une perspective de droit comparé." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020008.
Full textFloating security is a conventional security encumbering a category of property, often the entire undertakings of the debtor, which can only be a legal person. Before the crystallization, the debtor remains free to dispose of its assets in the normal course of its business. It has particular characteristics, but cannot be defined precisely by necessary and sufficient criteria.Through the examination of the floating security, this dissertation highlights certain trends in the development of security interests in property. The security interest can guarantee the performance of debt, but also facilitate the financing of business. The object of security interest (in broad sense) has been enlarged from real property to personal property, from tangible assets to intangible assets, from present assets to future assets, from specific assets to the pool of assets (fund), from static assets to circulating assets. There is a relaxation of the accessory principle and the specialty principle. There is an increased contractual freedom in security interests, this freedom pierces from time to time the numerus clausus. The management and supervision function of security interest has become more significant. This dissertation highlights also the emergence of the notice filing registration approach and the flexibility of the required information to register. The conventional (out-of-court) enforcement of security has taken an important place in the enforcement of security interests in property
Bernard-Ménoret, Ronan. "Droit de rétention et sûretés réelles." Montpellier 1, 2002. http://www.theses.fr/2002MON10026.
Full textBimbou, Louamba Andréa Miguel. "Le renouveau des sûretés réelles immobilières." Paris 1, 2011. http://www.theses.fr/2011PA010314.
Full textGijsbers, Charles. "Sûretés réelles et droit des biens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020088.
Full textProperty, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency
Martial-Braz, Nathalie. "Droit des sûretés réelles sur propriétés intellectuelles." Paris 5, 2005. http://www.theses.fr/2005PA05D002.
Full textIntellectual property rights represent a considerable value within numerous firms patrimony. Although intellectual property rights can theoretically constitute the base for security on property, they are, practically, rarely used as credit instruments. Such a disinterest is essentially due to the profusion and ineffectiveness of the available mechanisms. Moreover, the difficult assessment and the economical weakness of intellectual property rights constitute a risk for the creditors who wish to secure themselves using such property. In order to turn the intellectual property rights into pertinent and attractive credit instrument, one shall reform that matter, being inspired by the successful paths followed by some neighbour countries. Such a goal could be reached thanks to the adoption of a unique chattel mortgage applicable to any kind of intellectual property right, and which rules would be adapted to the immateriality of those goods
Bohoussou, Kouakou Stéphane. "Réflexion critique sur l’efficacité des sûretés réelles en droit OHADA : proposition en vue d’une reforme du droit OHADA des sûretés réelles." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0133/document.
Full textThe real security interests law/secured transactions has gone through crucial changes following a series of several reforms which has affected it. If the subject matter has undoubtedly been modernized, it is obvious that the real security interests law/secured transactions is still lacking of general consistency which is linked simultaneously to the large numbers of proposal on security interests and to the insufficiency of federative rules which come to govern the whole. Actually, the problem poses the question to know if it is possible and conceivable to put forward a base of more sophisticated general rules, or even a general law, and according to what methods? The interrogation underlines the efficacy of ohada real securities law in regard to the inadequacy between the objectives of the African legislator and the means used by him to achieve them. In other words, it is admitted to question on the way of a reinforcement of the actual real securities law in sight of a greatest efficacy. In regard to the international experiences, the answer of these questioning is found, in our opinion, in a reform more ambitious of the ohada real securities law which is going to lead to the adoption of a functional approach as it was observed in States with the same juridical culture of ours. In concrete terms, it is important to give back, through this functional conception of securities interest, coherence, and simplicity, in sum, efficacy to ohada real securities law likewise to bring it closer to the population and to the socio-economic realities of ohada member States while revealing the international economic stakes
Nkoum, Eric. "L’approche fonctionnelle et uniforme des sûretés réelles dans l’espace OHADA." Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0069.
Full textAfter two successive reforms of security law in space for the harmonization of business law in Africa, it appears that the security law is quite ineffective. The study of the approach initiated by the community legislature shows a rather complex and confusing security law, hard to read. Some foreign legislatures, facing the same difficulties, have begun to modernize their security law. They have chosen solutions that could inspire the community legislature. To do this, they have adopted some solutions which could inspire the community legislature. Indeed, they have adopted a functional approach to security interests’ law. Legal theory as a whole supports this approach. Moreover, the pragmatic use of security law by the community legislature, during the last reform, can be understood as a call for the simplification of security law. These findings claim for a look to another way of understanding security law. As a result, in view to rationalize, to harmonize, to make more effective security law, it is appropriate and indeed necessary, to reorganize the subject-matter
Krief-Semitko, Catherine. "Recherches sur la possession en droit des sûretés réelles." Paris 12, 1994. http://www.theses.fr/1994PA122005.
Full textSecurities consist in the application of an objet's value to the garantee of a debt. In consequence, it must be admitted that possession by right of the securities has as its ultimate aim the value affected. This possession then is exercised as that of an owner and the real essence of the security is constituted by the right of retention. In addition, possession governs the modalities of security concerning not only its remittance to the creditor but also its retention by him. These modalities are ruled by the article 2279 of the french civil code
Dauchez, Corine. "Le principe de spécialité en droit des sûretés réelles." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020059/document.
Full textThe specificity principle was introduced in the Civil code in 1804 to ensure the development of the modern economy. Then, it gained ground and became a fundamental principle of security law. However, at the end of the 20th century, it was violently criticized : it was accused to diffuse rigidity in security law and put a brake on credit. In addition to the principle noxiousness, its theoretical criticism was all the more announcing its decline in French law, because in foreign states the influence of the American security interest, which does not know the principle, was widening. However, the reform preserved, while softened, the principle in French law. The softening of the principle is the mark of a enlightened reform which is intuitively return to the principle origins to confer it the flexibility that the original legislator wanted, but which had been choked by an inadequate theoretical conception. This conception has to be renewed now. Only a return to original sources of hypothec specificity principle is able to capture its practical realty in order to lay the foundation stone of an adapted theoretical conception, which push to removing security law from patrimony rights. The specificity principle is not a sign of the archaism of real and personal security French law, it is, on the contrary, the ferment of his evolution
Zeng, Rongxin. "Etude comparée des sûretés réelles en droit français et en droit chinois." Paris 2, 2010. http://www.theses.fr/2010PA020083.
Full textSalati, Olivier. "Le rôle du juge à l'égard des sûretés réelles non judiciaires." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32031.
Full textPinto, Hania Vanessa, and Hania Vanessa Pinto. "Les biens immatériels saisis par le droit des sûretés réelles mobilières conventionnelles." Phd thesis, Université Paris-Est, 2011. http://tel.archives-ouvertes.fr/tel-00713275.
Full textPinto, Hania Vanessa. "Les biens immatériels saisis par le droit des sûretés réelles mobilières conventionnelles." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0066/document.
Full textImmaterial assets are traditionally described either as intangible assets or as intangible or intellectual property, or else as operating assets, but most of those terms are not satisfactory. This class of assets actually suffers from a lack of definition. However, some people state that they represent a form of economic wealth, a fantastic source of credit for the debtors, and a guarantee of safety for the creditors. And yet, French legislation seems to have ignored immaterial assets.This is first and foremost demonstrated by property law. Indeed, according to article 516 of the Code civil, which states that « property is either movable or immovable », one has to admit that immaterial assets cannot validly be linked to movable or immovable property. Immaterial assets are opposed to material assets (property of nature, commodities, intellectual property of the public domain or without protection under intellectual property law). They refer to property that has an object and a corpus. Two types of immaterial assets have been identified: financial immaterial assets, bringing together currencies, units and shares in a company, financial instruments, liabilities and industrial immaterial assets, bringing together business and intellectual property.This is also demonstrated by conventional real-property surety law. The surety law reform project which was awarded to the Grimaldi Commission was the source of significant hope. It had only been rarely amended since the inception of the Code civil and the structure was weakening and needed updating. This weakening had three main grounds : readability first, in particular since conventional real-property surety law on immaterial assets had developed outside of the Code civil, efficiency and capability of the contemplated systems regarding the preservation of the interests of the debtor and the creditor. Practice and doctrine had been denouncing such complexity for long and were calling for amendments. Unfortunately, order n°2006-346 of March 23rd 2006 reforming surety law didn't restore confidence. By creating the lien as the conventional real-property surety on immaterial movable assets without creating a consistent system, it has only emphasized the obvious concerns and critics.However, we are convinced that French law has the means that are essential to save this subject. Indeed, the new system of pledge, as amended by order n° 2006-346 of March 23rd 2006, now has a system that is suitable for industrial immaterial assets. As for the “fiducie-sûreté”, established by Act n° 2007-211 of February 19th 2007, it has revealed that, through the experiences observed abroad, it is fully efficient when it deals with financial immaterial assets
Labitey, Dalé Hélène. "Les suretés réelles spéciales en droit français et togolais : leur adaptation au droit du crédit." Lyon 3, 1993. http://www.theses.fr/1993LYO33022.
Full textThe adaptation of the "suretes reelles speciales" to the banking law, establishes the "ordre public economique" rules, which are as much correctives of the affirmations of the "autonomie de la volonte" in contractual matter the "ordre public economique" is omnipresent-by delegation of authority or not-. In the attribution of a good to security of on amount legal obligation, from its establishing toits realization. Its comparative study in French law and Togolese law lets appeared two parallel evolutions. In a first part, the evolution of the Togolese law, makes by the implantation of the colonial law and after by the particularities of the developping countrie law to reach their own legislation. In an other part, the evolution of the French law, based on the strougly principles of the revolutional legislation and the code civil of 1804
Nader, Jad. "Les garanties réelles dérogatoires du code monétaire et financier." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00975919.
Full textAdjagba, Irène. "Le déclin des sûretés réelles spéciales dans les procédures collectives de redressement des entreprises." Paris 2, 1988. http://www.theses.fr/1988PA02T101.
Full textHuang, Chaowei. "Les sûretés réelles en droit chinois et en droit français : étude de droit comparé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020016.
Full textDuring the same period, a reform of security law had completed in France, while the Chinese real rights law which has renovated security rights in rem was about to be promulgated in China. This thesis, based on Chinese law and drawing upon a comprehensive study of laws and administrative regulations on the subject, reveals the differences between Chinese and French law and analyze their cause and effect behind similar terms and notions. Grounded on the comparative study, the thesis draws the conclusion that the Chinese system of security rights in rem requires a further reform despite the arrival of new law
Zepi, Sandrine. "Le sort des créanciers titulaires de garanties réelles dans le droit des procédures collectives." Nice, 2004. http://www.theses.fr/2004NICE0030.
Full textThe commencement of the proceeding of bankruptcy will throw the legal fate of the corporation's créditors into confusion. The lot of creditors provided with standard real sureties gets encysted by the law of bankruptcy proceedings i. E. The security contracts will be subject to modify the accomplishment of personnal rights. The essential characteristics of standard sureties which may be useful are the right of pursuit and the right of good ranking prior to others creditors. On the other hand real sureties enforced by a right of retention and real warranties award titulars much diverse and efficient rights. In the existing circumstances of the french positive law, it appears that the rights and the obligations inherent to ownership and possession seem to be a most efficient safeguard for the rights of creditors. A strong comeback of archai͏̈c practises and rules is to be brought about. Considering that the bankruptcy law can be put into failure by well-tried technics, we infer that creditors provided with simple sureties are not in the most comfortable position. Only real sureties can properly comply with the requirements of creditors. Though creditors are the providers of assets and the whole economy depends on them ; but nowadays they are knocked about in case of collapsing of corporation. Therefore the legislator ought to take those facts in consideration. It may be desired that the legal texts may be retrofited. In this end the last changes of the right of property and the right of sureties may be integrated in the reform and precede the relevant debate
Lesné-Ferret, Maïté. "Sûretés réelles et droit méridional : essai sur la pratique en Languedoc septimanien au XIIe siècle." Montpellier 1, 1985. http://www.theses.fr/1985MON10039.
Full textOyono, Marlène. "La protection des sûretés réelles exclusives dans les procédures collectives en droit comparé franco-OHADA." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD036/document.
Full textA company, whatever it size, form or importance is never away from financial difficulties that could lead it to collective proceeding. This situation is not without any consequences on the company's players, especially, creditors, who are the main collaborators in the company's exercise. Thus, to protect themselves from the risk of insolvency of the debtor, they can try to get legitimate preferential consideration, called securities. But these one make a complicated ensemble in which we can find subgroups. In French law and OHADA law, there is, in fact, a variety of securities, as well personal securities as securities right. In general terms, it is allowed today, that, in the securities right group, those called "exclusives" - the one based on the retention or on the property of the good, subject of the guarantee - succeed to pull out in case a collective proceeding is opened. Resulting in an absolute protection of these securities. The exclusivity will allow them to avoid the rules following the opening of a collective proceeding. Besides, creditors armed with securities right will be able to break with some traditional regulation from collective discipline. Yet, the protection tied to these securities don't shielded them from the requirements of collectives proceedings. On the contrary, the validity of their protection is wildly subject to their being in these procedures, on one hand, and to the fulfillment of the goal of collective proceeding law, on the other hand. So, even though they are protected, the exclusive securities right are not above the collective procedure
Liang, Hong. "La loi chinoise du 16 mars 2007 sur les droits réels : Propriété, démembrements et sûretés réelles." Paris 2, 2010. http://www.theses.fr/2010PA020101.
Full textMonnet, Amithisse. "La mise en oeuvre des sûretés réelles en droit international et européen. L'exemple des navires et aéronefs." Thesis, Paris Est, 2017. http://www.theses.fr/2017PESC0076/document.
Full textShips and aircrafs are valuable assets but their financements are really hard to set up. Unlike most of the goods, ships and aircrafts are linked to a State and are essential for trades. They are submit to special laws which considere their specific nature. Those registrated goods require securites interest which are found on real rights. Thoses securities are différent in each State and they need a judicial execution proceeding to be effective.This study is at the crossroad of different specialities which are needed to allow the efficiency of the real rights. Thoses rights are essential to securite international trade. This study proves that judicial execution proceedings have a role in international trades
Diallo, Yaya. "Les sûretés et garanties réelles dans les procédures collectives : étude comparée du droit français et du droit OHODA." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D002.
Full textIn France as in OHADA, the insolvency law refers to the special and exceptional judicial proceedings in relation to common law reserved for the curative treatment of business difficulties. Essential to the credit protection and the health of the economic fabric which guarantees the sanitation, this public order law consists of a body of mandatory rules intended to apply, from the judgment of opening collective proceedings, both the debtor to its creditors. In accordance with the objectives, rights and security of the last creditors, unsecured or holders of preferred collateral, suffer abuses and restrictions. But this natural grip of bankruptcy law on secured creditors is undermined by the use of new debt guarantee mechanisms. These new mechanisms based on the chosen property, assigned or reserved for the purpose of safeguards have been differentiated from conventional collateral to establish the legitimacy of their exceptional nature to the constitutive rules of the collective discipline of the insolvency law. This results in a mismatch between the security law and insolvency law. The latter, as applied double standards creates a breach of equality among the creditors of the joint debtor. To address this imbalance presented the thesis proposes the extension of the right of bankruptcy law to property-collateral
Zhang, Zhouxi. "L’influence du droit français sur le droit chinois des sûretés mobilières." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0043/document.
Full textThis comparative research between French law and Chinese law is particularly devoted to the tenth anniversary of the French ordinance of 23 March 2006 and the LDR (Chinese property law) of 16 March 2007 which is the first complete Chinese law which reforms the Chinese Security Interest. Departure from guiding principles of different security interest, both preferential than exclusive, an in-depth analysis of the impact of simplification on the security laws, in France as in China, continued while taking account of the rebirth of the properties-securities and the prospective of liens. Moreover, some institutions or techniques of other Western countries have been included in the comparative analysis to show the different aspects and also the attractiveness of the French law.Based on the same legal theory, French and Chinese legislators have certainly chosen different techniques to overcome the same difficulties. But the simplification of guarantee laws, which promotes the safety of "contractualization" of security interest in both countries will remain an undeniable convergence. Thus, there is reason to believe that the Chinese legislator will take into account the French techniques in future reforms in the security rights that are always characterized by safety, simplicity and speed
Doan, Thi Phuong Diep. "L'intervention du juge dans la mise en oeuvre des sûretés réelles par le créancier dans le droit civil vietnamien." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40042.
Full textThe measures to secure of property (in which the borrower pledges or mortgage some asset as collateral for the loan) play an important role in a country’s civilian and economic life. These secured debt agreements necessarily results in the sequestration of the possession of the asset used as collateral in case the borrower defaults. In Viet Nam, almost all measures to secure are warranted by a contractual agreement that documents the debtor’s duty to pay off the debt (Other categories of debt such as sale agreement are rarely secured). In reality, in any loan agreement, the debtors, being in usually-urgent need for money, are always on the dependent and disadvantaged side in negotiating with the creditor. This unequal negotiation advantage in loan agreement greatly impacts not only how the security is put in the loan but also how it is sequestrated to regain some or all of the amount originally lent to the borrower. Although the treatment of loan security in a secured loan agreement is vital to both parties as well as the third party, it is not formally and thoroughly addressed in law but only administered by the regulations issued by state management bodies. In Viet Nam nowadays, it is a practice in secured loan agreements that the two parties are free to negotiate how the collateral for the loan is treated in the event that the debt is not properly repaid. The legislation does not anticipate any forms or judicial intervention for the measure to secure processing in order to better control this category of secured debt. This freedom in settling measure to secure poses many financial risks as it affects not only the two direct parties of the security transaction but also the third party who is a “bona fide”. In order to protect the rights of the debtors who are on the inferior side in measure to secure negotiation and the third party who faces the possible trick arranged by the debtor and creditor in handling the loan security asset, it is crucial to establish a state-level judicial intervention mechanism to be employed in processing the measure to secure. In fact, this form of intervention exists but only on an on-request basis, and therefore fails to guarantee full protective efficiency in functioning as a legal protector. Besides the rights of the debtor and the third party, the rights of the creditor also need attending to by the legislators. Especially when the debtor is dishonest, the judicial intervention in this case, and then the participation of the executive bodies will be very helpful to the creditor. With all the above mentioned reasons, the intervention of the judge, representative of the judicial bodies, into the course of processing security transaction, need researching by the thesis. The thesis researches the legal regulations and the practice of handling security transaction in Viet Nam, as well the advantages and disadvantages in executing these regulations. Based on the analytical findings, a recommendation is made on establishing a legal mechanism to be applied in the treatment of measure to security so that the subject’s activities in this area can be conducted in the best convenient and reasonable manner
Manhaeve, Constance. "L'efficacité en procédure collective de la réserve de propriété." Toulouse 1, 2012. http://www.theses.fr/2012TOU10071.
Full textThe Retention of Title mechanism, recognized by the law as a security over assets since the Order of 23 March 2006, uses the property right for guarantee purposes. Actually, the retention of title suspends the transfer of property or good(s) until full payment of the price by the debtor. This legal technique affords an effective protection to the creditor who is faced with the initiation of collective insolvency proceedings against his contractual partner. This technique allows the creditor to be considered by the legal entities involved in the proceedings not only as the holder of a security right but also as the owner of the good. Thanks to this double-hatting approach, the position of the creditor is enviable compared with others creditors because providing, in particular, the opportunity to proceed to an action in restitution. However, this privileged position can otherwise conflict with the recovering of the company in difficulty and the principle of equality of creditors. The aim of this thesis is in the light of the legal and jurisprudential evolutions, to discuss the nature of this security interest and to challenge its effectiveness as regard from the one of the collective insolvency proceedings of the buyer
Tilly, Patricia. "Du droit des suretés réelles au droit des garanties de paiement : propositions nouvelles pour la protection des creanciers." Nice, 1988. http://www.theses.fr/1988NICE0020.
Full textSumeire, Philippe. "L'étude comparative, instrument de réforme du droit français des suretés réelles." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32040.
Full textThe french law of security interests and real relate mortagages has been sharply cri ticized for some years because of the diversity of forms and systems accumulated origin of serious confusion because of the obsolescence of out date principles on which this part of our law is yet founded and specially because of the increasing lack of efficiency of the existing securioty interests when they are opposed to ins solvency and bankruptcy rules. So a global reform appears necessary. The comparative survey shows that this situation is not specific to french law but is the result of the evolution experienced and for same part yet experienced by the major group of the nations in their economic development : the increase of fiancialneeds involves an alarming multiplication of liens and preferential rights which leads to some confu sion. Certain countries have found a way to adapt their law of security interests in order to take up the challenge. Germany and united states mainly have built a sys tem of law for security interests on movables through a global approach and on the basis of an unitary and functional conception of security interest which is consis tent with credit law and bankruptcy law. If we can not take into consideration on a practical point of view the integration in our law of these systems in their enti rety and a fortiori in their detailed technical rules the approach adopted here above is and remains the best way on which a global reform of french law for security interests has some chance to succed
Hazouard, Mathieu. "Conception et réalisation d'amplificateurs micro-ondes de puissance à l'aide de la méthode des fréquences réelles." Bordeaux 1, 2002. http://www.theses.fr/2002BOR12434.
Full textOlomo, Ngongo Ambroise. "Synthèse et réalisation d'amplificateurs micro-ondes faible bruit et transimpedance par la méthode des fréquences réelles." Brest, 1992. http://www.theses.fr/1992BRES2021.
Full textDiallo, Thierno Abdoulaye. "Les propriétés-sûretés en droit de l’OHADA : comparaison avec le droit français." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD060.
Full textProperty-security (title for security purposes) was enshrined in the OHADA law during the reform of the Uniform Act on the organization of security rights on December 15, 2010. This thesis then aims at pointing out the similarities and the differences between the OHADA’s property-security law and the French law. It also challenges the accuracy of recognizing to the owner of the title for security purposes a right in rem in connection with the property concerned, as property-security cannot, as to the law, be assimilated to an ordinary property. By contrast, this study shows that property-security has to be seen as other traditional real guarantees. Therefore, both the OHADA and the French legislators are called to shape the legal regime of the property-security in accordance with that of the traditional real guarantees
Kerherve, Eric. "Conception et réalisation d'amplificateurs microondes faible bruit à éléments distribués par la méthode simplifiée des fréquences réelles." Bordeaux 1, 1994. http://www.theses.fr/1994BOR10611.
Full textOh, Young Joo. "Les sûretés réelles sur le navire, l'étude comparative entre le droit continental (droit français et coréen) et la Common law (droit anglais et américain)." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D001.
Full textThe security interests on the ship (which has an enormous value and an essential function for the maritime activity) present a peculiarity in comparison with those on chattels, in continental law as well as in Common law. First, it concerns the conventional security interests - the maritime hypothec (French and Korean law), the statutory ship mortgage (English law) and the preferred ship mortgage (American law), which are the result of each country's efforts to improve the maritime financing. Second, it concerns the privilege maritime/maritime lien (the legal security right) which occurs automatically on the ship for certain claims generally related to its exploitation (which differ in each country). ln fact, each country has tried to qualify its particular legal nature and its necessity, for example by the maritime patrimony theory, by the theory of the personification of the ship, or in a relation with the action in rem etc. The prerogatives of the holders of these security interests as well as the modes, procedures and conditions for exercising them are different from country to country. For the holders of security interests on the ship, the possibility of immobilization of that ship in a foreign port (Korea and the United States, not parties to any Arrest Convention), the possibility of being recognized as such security interests, and the type and number of other priority claims (Korea, the United States and England, not parties to any Convention on maritime liens and mortgages) are important issues and the responses vary considerably depending on the countries (in particular under their private international law)
Blandin, Yannick. "Sûretés et bien circulant : contribution à la réception d'une sûreté réelle globale." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020045/document.
Full textSecurities on the professional's properties form a significant way of accessing to credit. Despite many initiatives, means that enable to hold estates as security, such as stocks of goods, are not fully satisfying. The legal edifice, complex and opposed to the aim expected, prevents from using circulating assets as the basis of guarantee.This thesis identifies how to make required improvements to modernize the real security law, and so as to outline a new guarantee tool that makes the access to credit easier for companies, the global security
Beaulieu, Cyril. "De la mesure des sollicitations extérieures réelles à la simulation et l'optimisation de structures stratifiées en matériaux composites : réalisation d'une pédale dynamométrique." Besançon, 2004. http://www.theses.fr/2004BESA2051.
Full textGnofam, Koffi. "Les sûretés et les garanties du crédit dans la loi de sauvegarde des entreprises en difficulté : loi n° 2005-845 du 26 juillet 2005." Paris 8, 2012. http://www.theses.fr/2012PA083882.
Full textThe objective of French collective insolvency proceedings is to help companies avoid financial difficulties or, should that fail, to allow them to benefit from court-supervised reorganization or compulsory liquidation procedures. In order to achieve this goal, insolvency laws prevent creditors from bringing proceedings against a company after the opening judgment has been pronounced. Paradoxically, however, creditors enter into security and guarantee agreements precisely because they want to shield themselves from any potential losses arising from insolvency and financial difficulties. In principle, the onset of financial troubles automatically triggers those agreements. In essence, the right to insolvency protection for the debtor and a creditor's right to rely on its security and guarantee agreements exist concurrently and are, as such, tightly related. In order to prevent any abuse, the insolvency regime overrules all the provisions of the law relating to security. As a result creditors must bring any court proceedings to a halt and debtors are prevented from paying any outstanding debt. It can be said, therefore, that collective insolvency procedures supersede the rights of creditors contained in any debt security instrument. Despite their weakened status, however, the effectiveness of personal and real property collateral devices ultimately depend on the opening judgment. Their effectiveness therefore changes depending on the facts of each case. Their strength and intensity primarily vary with the type of proceeding in which they are used. Where a conflict arises between collective insolvency proceeding provisions and the law of security interest, the former generally prevails. The changes introduced by the 2006 Act have profoundly altered the operation of the provisions of the law on debt security and guarantee instruments
Buisine, Olivier. "Le sort des garanties réelles en cas de plan de cession." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30063.
Full textThe sale of a business is one of the most important insolvency solutions.However it’s a hard task to determinate creditor’s rights under these circumstances.Insolvency law has deeply changed consequently to main reforms (Act of July 26, 2005 called the “Safeguard Act”, Order of December 18, 2008 and to a lesser extent Order of March 12, 2014).At the same time, guarantee law has been modified by lots of reforms too (Order of March 23, 2006, Act of February 19, 2007, Act of August 4, 2008, Order of January 30, 2009).These reforms were fragmented. Furthermore they have been built without guideline. As a result, the articulation between insolvency law and guarantee law is very difficult.The theoretical and practical questions generate a real legal insecurity.The goal of this research work is to make insolvency practitioners propositions based on, amongst others, doctrine’s comments and criticism. The objective of these propositions is to establish a better balance between the pluralities of interests involved
Martin, Pierre-Marie. "Synthèse de réseaux d'adaptation distribués et résistifs par la méthode des fréquences réelles modifiée : application à la conception et à la réalisation d'amplificateurs microondes ultra-large-bande en technologie micro-ruban." Brest, 1993. http://www.theses.fr/1993BRES2034.
Full textKaunan, Ahou Christiane. "Pour une approche renouvelée des privilèges en droit des suretés français." Thesis, Université Clermont Auvergne (2017-2020), 2019. http://www.theses.fr/2019CLFAD023.
Full textThe Article 2093 of the Civil Code provides that: "The debtor's property is the common pledge of his creditors; and the price is distributed among them by contribution, unless there are legitimate reasons of preference between the creditors". Indeed, our law recognizes two categories of security interests that will allow to grant a creditor a payment preference over other creditors in the race: conventional security interests and Privileges .The Privileges are dealt with by the article 2324 of the Civil Code, which provides that they constitute:"[...] A right that the quality of the claim gives to a creditor to be preferred to other creditors, even mortgage creditors". Thus, reading this article allows us to understand that the Legislator has placed the privileges above other existing security interests. The privileges are a complex construction because, sometimes they borrow from the real law by respecting the rule of specialty, one of the founding principles of our real law, sometimes they constitute a "form" of general pledge, as we have seen with the wording of article 2093 of the Civil Code. Therefore, privileges may apply to both the entire assets of a debtor, with priority being given to the debtor's movable property and, in the event of insufficiency of movable property, to its immovable property. Privileges, when they are general, do not allow the extent of their bases to be determined in advance. In addition, the so-called special privileges affect a property determined in advance. Due to their preferential ranking and the retroactivity rule, which sometimes applies to certain privileges, they distort the order of payment of creditors and deprive creditors with conventional security interests of the possibility of recovering their claims. The latter are deprived of their status of privileged creditors who take precedence when settling all creditors. The legal regime of privileges in our contemporary law is not stable and its rules vary in the presence of a particular class of creditors. It is especially in the field of companies in difficulty that privileges stand out. In this area, the freezing of individual actions imposes the involuntary sacrifice of certain creditors, namely creditors holding conventional security interests for the benefit of privileged creditors, who are certain to be settled in priority at the time of payment of all creditors in race. This situation is totally arbitrary. These inequalities in treatment have pushed the legislator to carry out far-reaching reforms, the latest of which stems from Order No. 2006-346 of 23 March 2006. A second one is underway as the first reform missed some objectives; this project was tabled in 2017.The privileges, in law, have a distant origin, they date back to the 1804 Napoleonic Code and since then, the Legislator has constantly established them so that the volume of preferential claims absorbs all the assets of the unfortunate debtor. The exercise of privileges now struggles to be and legitimized in our law, as the rules of its accessibility is so arbitrary. To do justice is to attribute to everyone their due. This is why this study proposes to react to this empirical regime of privileges as we know it and proposes the restoration of the balance between the various creditors. This balance involves reducing the number of privileges and their scope for the competitiveness of our law on the international scene
Moutsinga, Ghislain de Saint-Val. "Le crédit et le rôle du banquier dans la prévention des difficultés des entreprises." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0099.
Full textThe purpose of this thesis is to study the relationship between financial integration, political openness and growth in developing countries. In fact, political reforms and economic liberalization was the slogan of the international financial institutions which conditioned the granting of financial aid to the implementation of certain reforms in favor of democracy and more respect of human rights in addition to more financial integration. Our empirical investigation covers a sample of 108 developing countries between 1984 and 2008 and uses both static and dynamic panel data estimation in addition to the new causality test in heterogeneous panel. Our results show that financial liberalization positively impact growth directly and through indirect channel like Investment, trade and macroeconomic stability. It also favors financial development and promotes human capital. Even though, democracy doesn’t directly influence growth, it has an indirect positive effect on it through favoring international trade in addition to financial and human capital development. Otherwise, political instability negatively affects growth directly but also indirectly through decreasing investment and increasing inflation. Finally, our results suggest the existence of a bidirectional relationship between financial integration and democracy. In the other side, the relationship between financial integration and political stability is more specific and depend upon regionals characteristics of the country
André, Étienne. "Les actifs incorporels de l'entreprise en difficulté." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3076.
Full textThe mutation of the economy has fundamentally transformed wealth by disembodying it. This has led to the increase in intangible wealth within companies and, incidentally, when they experience difficulties. The concept of intangible assets places centers on value and refers to both a legal and economic reality. This approach reveals their exceptional character in a context of default by observing operations related to valuation and transfer. On the one hand, the valuation of intangible assets is defective, revealing the shortcomings of French accounting, which struggles to translate the value of these assets, and more broadly, highlights the limits of the methods used to value these assets in a difficult context. On the other hand, the transfer of intangible assets is made more complex by the methods of sale or guarantees provided. Thus, the exceptional nature of intangible assets makes them difficult to master. However, solutions can be found in law governing companies in financial difficulty. An index for measuring intangible assets can already be based on value and its interaction with business operations. Some intangible assets, such as software or client files, are directly correlated to the company's activity and tend to devalue as the company's difficulties arise. Other intangible assets, such as receivables and social rights, based on elements external to the company, do not automatically lose their value in the event of difficulties. The division of intangible assets can therefore be made between those intangible assets whose value is established based on exploitation, and those whose value is not directly related to it. Consideration of valuation and transfer operations in relation to intangible assets has led to changes in the law governing companies in difficulty. It is essential to take these developments into account. The growing importance of intangible assets within companies in difficulty must not be ignored at the risk of weakening them further and undermining the judicial framework for such companies