Academic literature on the topic 'Réparation intégrale (droit) – Nomenclature'
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Journal articles on the topic "Réparation intégrale (droit) – Nomenclature"
Rached, H., and N. Jousset. "La force contraignante de la nomenclature Dintilhac à l’épreuve du principe de réparation intégrale du préjudice." La Revue de Médecine Légale 10, no. 1 (2019): 16–25. http://dx.doi.org/10.1016/j.medleg.2019.01.001.
Full textLambert-Faivre, Yvonne. "L'indemnisation des victimes de préjudices non économiques." Dommages-intérêts / assurance 39, no. 2-3 (2005): 537–69. http://dx.doi.org/10.7202/043503ar.
Full textVerge, Pierre. "LE CONTRÔLE JURIDICTIONNEL DU LICENCIEMENT." Revue générale de droit 11, no. 2 (2019): 409–32. http://dx.doi.org/10.7202/1059448ar.
Full textDufwa, Bill W. "Assurance no-fault dans le cadre des règles de la responsabilité civile." Dommages-intérêts / assurance 39, no. 2-3 (2005): 655–76. http://dx.doi.org/10.7202/043507ar.
Full textDissertations / Theses on the topic "Réparation intégrale (droit) – Nomenclature"
Augier-Francia, Emeline. "Les nomenclatures de préjudices en droit de la responsabilité civile." Electronic Thesis or Diss., Lyon, 2020. http://www.theses.fr/2020LYSE3052.
Full textFifteen years ago, the process of injuries nomenclatures was unknown in the field of civil liability. However, it seems that these instruments can now be considered as fundamental tools in the construction of a rational and harmonized reparation strategy for bodily injuries and environmental damage.Thanks to their methodological approach, nomenclatures can be used as a reference by all the actors of the reparation process (judges, experts, lawyers, etc.) in a civil liability action. These would help them transcribe a damage, also called “damaging reality”, into various categories of injuries, in other words, into a legal reality. This way, these controlling tools ensure compliance with the principle of full reparation in order to respond to the idea of an effective protection of victims’ interests, which is at the core of civil liability since the 21st century. While a general reform of civil liability is being considered by the Chancellery, the idea of the generalization and formalization of these tools raises questions. Therefore, this research work has the ambition to devote an in-depth thinking about the injuries nomenclatures impact on the civil liability legislation. It now appears necessary to offer a thorough study on the nature of these tools, their authority over the actors in the reparation process, their effectiveness on positive law, as well as their development opportunities
Labeaume, Patricia. "La réparation intégrale et les accidents du travail." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40026.
Full textWith accidents in the workplace, compensation is generally set at a fixed rate. The present study therefore investigates cases where accident victims are able to obtain full compensation. In such cases, full compensation is awarded either on the basis of fault (inexcusable fault, intentional fault, or third party fault), or with regard to risk (traffic accidents or work-related traffic accidents). Full compensation is only obtained by recourse to the common law notion of civil responsibility. However, the instances where full compensation is possible appear insufficient in the light of the evolution of the law relative to civil responsibility, often supported by insurance systems, which allow accident victims automatic access to full compensation. Opportunities for full compensation in france also appear weak in terms of comparative law, especially when measured against the netherlands, where the notion of specific compensation has been completely abandoned to allow identical compensation for all physical injuries sustained by victims, irrespective of the cause of the accident. For these reasons, it seems appropriate to suggest improvements to the current french system of compensation. One possibility involves the fine-tuning of existing legislation which can be allowed to continue to develop as it has over the past century and thus adapt to the new requirements for full compensation. In this context, it is often claimed that inexcusable fault, particularly with regard to safety measures in companies, should constitute the key to removing employers' immunity. This type of fault ought to be accorded greater recognition than is at present the case and should lead to awards of maximum compensation. The recent example of asbestos suggests that jurisprudence is moving in this direction. A second potential improvement to the system would require important modifications to the present law. The dutch model might be considered, entailing a straightforward abrogation of article l. 451-1 of the css. Another possibility is the creation of a compulsory insurance system through private companies or by attributing the role of insurer to the social security system which would fully compensate accident victims
Coutant-Lapalus, Christelle. "Le principe de réparation intégrale en droit privé." Dijon, 2001. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/fffb5cfe-fa65-48d8-964c-447a9a0e6553.
Full textAt a time when the shortcomings of « the ideology of compensation » are denounced, the principle of « restitutio in integrum », which allows the victims to get the nearest possible compensation for his reparable loss, is being demolished as well. Despite the acute character od doctrinal criticisms and the difficulties the court come up against to implement it, this principle, though, turns out to be necessity in French private law owing to its history, its basis –the very notion of justice- the part It play within some rules of law concept of legal liability as much as its consensual character. From this necessity, there emerges a certain preeminence of the principle of “restitutio in integrum” which leads the French judicial power to reject any use of set compensation scales, whatever they are. On the other land, it appears that using this principle together with measures of exemplary damages in the form of multiple damages – in case of major offense – is perfectly conceivable, not to say desirable, so as not to alter the content of this principle, and consequently other legal notions such as damage or causality, through an artificial and extensive use of its repressive and dissuasive characters
Denimal, Marie. "La réparation intégrale du préjudice corporel : réalités et perspectives." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20017/document.
Full textThe principle of full reparation for bodily injury demonstrates the limits of its current application. While our legal system seems inclined to all the requests to the victim, it largely misses its goal : the multiplicity of compensation schemes, heterogeneity assessment methods and insufficient firmness concepts implemented appear as factors of disparities between the victims. In support of an open study with international law, to the doctrinal solutions as well as an adjustedunderstanding of the concept of victim ; this thesis works for the empowerment of personal injury law respecting the values of equality, humanity and justice of compensation specific to the full compensation principle of reparation for bodily injury
Jeanmaire, Emilie. "La réparation du préjudice en droit du travail." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0124/document.
Full textWhat is damage compensation in labour law? Labour analysis doesn’t consider the question in its entirety. It is more likely to be selectively focused on the compensation due to the improperly dismissed employee, on the submission of a dismissal award scale when the dismissal occurs without actual and serious basis, on the prejudice of anxiety and its presumed nature, on the development of the safety obligation of result, or even on the opportunity of creating a class action. On the contrary, this dissertation proposes to raise the issue of damage compensation in labour law in a global perspective and to appreciate it in view of civil law. Several questions must be clarified. At first, what is a compensable prejudice in labour law? Has it the same substance and contours as that of civil law? Since the only compensable damages are the ones meeting legal requirements, the question is to know whether the rules that frame employment relationships are tracing those of the common compensation law, or supplement, subtract, distort them. Reflection is then continuing to know how damage is compensated, in labour law especially. Monetary remedy is often pronounced in such cases. Yet, is its evaluation still in accordance with “the actual prejudice”? Diverse rules are provided in French Labour Code to help evaluating compensation: maximums, minimums and set amounts. Legislator is willing to input more of them, imposing an award scale concerning dismissals without actual and serious basis. With these instructions, isn’t there a substantial risk of pulling away the full compensation principle? Last act: it is to be known who compensate in labour law, who is its debtor. Who is to be chosen between the employer, the co-employer, the AGS (Wages Guarantee Association) or a compensation fund? The question is, as well, that of the judge of compensation’s identification. The employment contract is submitted to several judges: which one for which compensation issue? Although inspired by civil liability mechanisms, damage compensation in labour law has been adapted to an employee’s protection and promotion logic. Looking for a balance between this objective and the companies’ socio-economic constraints, damage compensation in labour law appears to have certain specificities this dissertation proposes to highlight
Quistrebert, Yohann. "Pour un statut fondateur de la victime psychologique en droit de la responsabilité civile." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G001.
Full textThe psychological impact of the events, which are the source of responsibility, be they acts of terrorism, loss of a loved one, psychological harassment, is specific to characteristics both protean and invisible. The first among them is due to the fact that in psychological matter injuries and the resulting suffering are both varied. As such, from the injury point of view, certain events will prove to be more traumatizing than others. Principally those during which the subject has been faced with his own death. Concerning suffering, a subject can as well emotionally suffer a change in his own integrity – for example the physical one with a diagnosis of a serious illness – that of a sort damage which affects that of a loved one (e.g. death or handicap). Then, the impact is considered invisible. It appears much more simple indeed, to identify harm to physical integrity as a harm to psychic integrity. More so, certain psychological harms are totally imperceptible by reason of their eminently diffuse characteristic. The object of this demonstration is therefore to know how civil liability law will comprehend the victim of such a psychological impact. Its comprehension will be particular given the inevitable interaction between the judicial and psychological spheres.In order to better understand this, we will first propose a conceptualization of the psychological victim that blends into psychopathological reality. Two major distinctions feed this thought. One is legal nature, which relates to the distinction between prejudice and harm. The other is psychopathological in nature which opposes emotional shock and psychic trauma. Their intertwining allows us to elaborate different cases of manifestation of psychological suffering and define the contours of the qualities of the victim. Secondly, regarding compensation for a psychological victim, both the appreciation and the evaluation of these prejudices will be examined. The repercussions of psychic trauma, or even emotional shock can sometimes be so grave that compensation cannot restrict itself only to the experienced suffering. Consequences of different natures, for example patrimonial ones, must be taken into consideration. To this end, a division of the prejudices of the psychological victim should be put in place. Distinct rules of compensation will be established based on the prejudice endured. A prejudice presumed, originating notably from a harm, cannot logically be compensated in the same fashion as non-presumable prejudices that require a forensic assessment. In short, the system of compensation must be in phase with the system of disclosure of suffering that has been previously established. As a result, this study proposes to construct a true founding status of a psychological victim. Once this principal notion has been completely conceptualized, we can use it to create a rational compensation scheme
Mesa, Rodolphe. "Les Fautes lucratives en droit privé." Littoral, 2006. http://www.theses.fr/2006DUNK0223.
Full textTomeba, Mabou Gynette. "La réparation devant les juridictions judiciaires internationales." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA002/document.
Full textThe requirement to fully repair a damage is a well-established principle in different areas of international law. International judicial courts are particularly called upon to deal with this issue. The concept of remedy has evolved over time. This concept has reached a major turning point with the recognition of the status of the individual, beneficiary and debtor of the obligation to repair. Its terms are not the same depending on the international court in which it is contemplated and reparation is not only the modality pronounced as such, but it is also and especially the implementation of this modality. Monitoring the performance of reparation decisions is thus a key to the effectiveness of the latter. On this point, state support is even more essential that the international courts have an important limitation: the lack of binding force to enforce their decision. Moreover, the role of non-state entities should not be underestimated in the reparation process, especially that of civil society. It is interesting to see how the current practice of reparation before various international tribunals is articulated, considering all these factors. It should also be noted that despite a context of multiplication of international courts, it complex challenges remain in this area. The child soldier issue, both perpetrator and victim of violations of international law is particularly eloquent. With their remedies, international courts contribute to the respect of international legality
Belinguier-Raiz, Sarah. "La réparation des dommages causés par le dirigeant en droit des sociétés : étude comparative droit français-droit italien." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1013.
Full textGodefroy, Arnaud. "Les préjudices psychologiques en droit de la responsabilité civile." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1006.
Full textRegularly hit by the violence of life in society, traumatized victims look through tlegal liability, support to provide them fair compensation for their injuries. If earlier, interest has focused on the physical appearance of infringements by human activity, now it seems necessary to deal with the psychological aspect of the victims. The apprehension of these losses is still in its infancy in terms of liability law requiring a structured approach to address the problems related their implementation. The proliferation of traumatic events - terrorist attacks, disasters, various physical assaults, etc. - Has contributed to the proliferation of psychological harm by case law. This phenomenon then invited to reflect on both a theoretical structure and a sustainable practical implementation of psychological harm. This study would offer the opportunity to respond to regular questions on this subject. What are the operative events may create a psychological trauma ? Could there be a unitary concept of psychological harm ? Does not exist any particular complexity related to the assessment of that damage ? Or is it monetary compensation the only answer that the law of civil liability can make to a victim who seeks compensation for psychological harm ? If the standards in force seem to respond in part to these questions, the absence of structuring pushes to think about a new and coherent approach in order to not to distort the right to repair
Book chapters on the topic "Réparation intégrale (droit) – Nomenclature"
Makowski, Dariusz. "La responsabilité de l’employeur sur le fondement du Code civil en cas de licenciement abusif." In La responsabilité civile en France et en Pologne. Wydawnictwo Uniwersytetu Łódzkiego, 2016. http://dx.doi.org/10.18778/8088-047-4.12.
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