Dissertations / Theses on the topic 'Responsabilité du fait des produits'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Responsabilité du fait des produits.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
TISSEYRE, BOINET NATHALIE. "La responsabilite du fait des produits defectueux imputable aux producteurs de medicaments." Paris 11, 1998. http://www.theses.fr/1998PA111006.
Full textIn the past decades, consumers's safety has become a right that society has the obligation to defend from a powerful and inovative industry. This right has seemed even more important when the consumer is a sick person because research in the pharmaceutical industry develops molecules that are always more efficient and, therefore, potentially more and more dangerous. This is why the right to safety has become political, illustrating in a very exceptional way a general tendency to fall indemnification of damages suffered. To france, where case law and law have constantly improved the protection of victims of defective products, the idea of a general safety obligation, the scope of which we have determined, has finally been accepted. A step further was taken with the european directive of july 25, 1985 which increases the manufacturer's liability. At a time where france must transpose this directive into its legal system, although it should have been done ten years ago, our purpose has been to study, on the one hand, the impact of this directive on french law with respect to the medicine field and, on the second hand, the terms and conditions of setting up a system of objective liability. Because it results from a compromise, the directive provides alternatives, specially regarding the indemnification of the risk of -- the drawbacks of which we had foreseen. We have tried to prove that the provisions of the directive were less inovating with respect to french law than it was said at first. Besides, we believe that the directive does not achieve its goals set : the harmonisation will maintain various systems with various degrees of severeness which may lead to disputable indemnification. However, acknowledging the necessity to set up a system of objective liability, specially with respect to medicine, we have confirmed the interest of a collective garantee which will hopefully be extended to cover medical hazard in general
Aubé, Erwan. "Assurances et responsabilité du fait des produits défectueux." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10037.
Full textThe crossover study of insurance and civil liability related to faulty products yields an analysis of the specific provisions set down in articles 1386-1 and the following of the Civil Code along with the different principles of civil liability that they complete and the specificities of insurance law. The coherence of the new set of provisions recently added to the Civil Code is thus considered through a more precise outlining of their implementation and by examining, within the light of case law, the possible extensions of their scope of application. The implementation of these new provisions has been a source of uncertainty, regarding the proof a product's safety defect or compliance with delays imposed by the legislator. In a correlative manner, the application of measures specific to insurance law require that a number of demands be met, relative to the notification of a claim or the compensation methods used by the insurer
Chivoret, Isabelle. "La responsabilité du fait des produits de santé." Nantes, 2012. http://www.theses.fr/2012NANT4018.
Full textThiver, Jean-Luc. "La responsabilité du fait des produits alimentaires défectueux." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32074.
Full textNowadays, food products security reveals an increased desire for caution. Case law and rules concerning liability for defective products aim to improve consumers' legal security. According to its legislative history, the purpose of law n°98-389 of May 19th 1998 is to establish a liability called "objective" that is distinguished from the classic common law liability based on fault. Manufacturers and sellers are therefore expected to put on the market a product that provides “the safety that a person is entitled to expect”. This consumer protection rule also includes an obligation to furnish information and advice. But is this new safety obligation equally applicable to all products, including food, according to the classification provided in article 1386-3 of the civil Code? Also, any producer of a defective movable must compensate for any damage caused to the physical well-being or property of individuals. Legal scholars seem commonly to admit that these so-called "objective" measures based on a presumption of prejudice for "risk creation" make the compensation of victims easier to obtain. However, doesn't the victim's compensation inevitably depend on a causal link between the manufacturer's fault and the victim's damage? Is the proof of causation subsumed in the notion of "compensable damage"?
Taylor, Simon. "L'harmonisation communautaire de la responsabilité du fait des produits défectueux : étude comparative du droit anglais et du droit français /." Paris : LGDJ, 1999. http://catalogue.bnf.fr/ark:/12148/cb37176692j.
Full textKamel, Boumédiène. "La responsabilite professionnelle pour les dommages causes par les produits industriels. Techniques legales et jurisprudentielles de mise en oeuvre de la responsabilite." Rennes 1, 1986. http://www.theses.fr/1986REN11030.
Full textCannarsa, Michel. "La responsabilité du fait des produits défectueux : étude comparative." Lyon 3, 2003. http://www.theses.fr/2003LYO33034.
Full textBüyüksağış, Erdem. "La notion de défaut dans la responsabilité du fait des produits : analyse économique et comparative /." Zurich : Schulthess, 2005. http://catalogue.bnf.fr/ark:/12148/cb402293398.
Full textDayyani-Najafabadi, Abdol Rasoul. "La responsabilité du fait de défaut de sécurité des produits." Université Robert Schuman (Strasbourg) (1971-2008), 1996. http://www.theses.fr/1996STR30020.
Full textThis study involes a preliminary part about doctrinal debates concerning the new regime of product liability as well as an analysis about its different material sources. The most important one is the council directive of 25th. July 1985, which study helps to find out its real position within the hierarchy of rules and also to precise its transposition into the different member state's legislation. Afterwards the two main parts exclusively concern the product liability in the french internal law. The fist part relates to define the notion of product liability, which possesses its proper characteristics and must to be distinguished from other similar notions, like regime of responsibility and its juridical obligations. Moreover, this same notion has got its proper scope of law and has to be carefully defined, that is to say the things which can be considered as a product, the person that are victims and responsible, and the damages concerned by the new dispositions. The second part deals with the regime of product responsibility itself. Primary, it depends on specific conditions which constitute the legal system, although the litigants are allowed to organise it through conventional modifications. Secondly, in case of interference of a foreign element during a litigation, its implement involves studying the international competence of law and jurisdiction. The specificity of this regime means that the victim's claim possesses a special jurisdictional treatment for the court. At last, both the producers' risks and the extent of reparation lead to a special study of the collective measure of compensation by of third party
Borghetti, Jean-Sébastien. "La responsabilité du fait des produits : étude de droit comparé /." Paris : LGDJ, 2004. http://catalogue.bnf.fr/ark:/12148/cb39294159q.
Full textBernardeau, Ludovic. "La responsabilité du fait des produits défectueux en droit anglais." Poitiers, 1994. http://www.theses.fr/1994POIT3009.
Full textThe purpose of this thesis is the study of liability for defective products in english law, before and after implementation of european community directive 85 374 in the united kingdom of great britain with the consumer protection act 1987. Three heads of liability are presented in the frame of the first part : contract for sale, negligence and the new regime of liability said to be strict. The second part is intended to be more prospective. It has at aim to measure the weakness of the impact of the implementation in england on a double basis. On the one hand defectiveness and development risk defence are analysed as well as economic loss in tort. It is then submitted that the new regime is not so strict and not so different. On the other hand, the laying down of an action without privity to the benefit of the buyer of a defective product is considered. It is asserted that such a reform would place the english law of contract under new outlook and would give the reform of 1987 a complete fiddle in the law of product liability
Ringot-Namer, Constantin. "La loi applicable à la responsabilité du fait des produits." Thesis, Université de Lorraine, 2020. http://www.theses.fr/2020LORR0125.
Full textDetermining the applicable law to products liability requires to resolve the complex issue of the appropriate connection. In France, where The Hague Convention of 2 October 1973 has been into force for forty years, the question of the appropriate bilateral connection is more acute with the introduction of the article 5 of the Rome II Regulation. Would this not be a good opportunity to further the debate about the appropriate connection for products liability? Is this new connection more relevant than the Convention’s one? Is the introduction in the French legal landscape of a new bilateral choice-of-law rule for products liability not an invitation to ask whether a specific connection for products liability is needed? Is the lex loci delicti rule not enough when it comes to a damage caused by a product? Besides, when compared with the United States model, one could even subversively argue whether to set general choice-of-law principles so to let the juge resolving the conflict of laws issue on a case-by-case basis. Undoubtedly, since the introduction of the article 5 of the Rome II Regulation within the French legal landscape the research of the appropriate connection is to be led again. But identifying the appropriate connection is not enough to determine the law to products liability. Assuming that such a connection is identified, could it be easily applied before a French judge? Would it not be in competition with the transposing acts of the 1985 Directive as overriding mandatory provisions? Would its application not interfere with the free movement of goods within the European Union? How could it be applied in the context of an existing conflict before the French judge between the Hague Convention of 2 October 1973 and the article 5 of the Rome II Regulation? Would this connection be compatible with the collective nature of the French class action? As we can see, determining in an appropriate manner the applicable law to products liability before the French judge requires not only to settle the renewed debate of the appropriate connection but also to face new challenges concerning the application of the connection
Borghetti, Jean-Sébastien. "La responsabilité du fait des produits : étude de droit comparé." Paris 1, 2004. http://www.theses.fr/2004PA010264.
Full textCoelho, José. "La responsabilité du fait des médicaments." Paris 8, 1998. http://www.theses.fr/1997PA081358.
Full textHouéyissan, Wilfried A. "Les obligations de livraison, de conformité et de garantie contre les vices cachés : étude du droit OHADA à la lumière des droits français, québécois et de la Common law canadienne." Nantes, 2015. http://www.theses.fr/2015NANT4002.
Full textHadi, Mohamed. "La responsabilité civile du fait des produits défectueux : comparaison franco-irakienne." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D011.
Full textThe defect of product is considered the most issues that preoccupy the legal scientist, which keep causing harms of not only to the individual himself but it effects his family members as well and may extend to his progeny. Accordingly the current legislations throughout Europe including France has put in place a directive to treat the harmful effects of products. Despite the importance of this directive the need remains present for modification in its rules on the one hand, also we need a reviewing by the European Court on matters which were not explicitly mentioned by that directive in another hand. Unlike the French law, the Iraqi law is suffering a weakness of facing this issue that caused by the negligence that has been inflicted his laws and its own circumstances which led to not adopt a special system to treat the harms that emerged by the product defects, as well as the Iraqi judiciary at least has not been able to reduce its effects. This study, and with inspiring of French judiciary, attempted to experiment the possibility of the general legal rules to cover the harms caused by product defects through providing a new study which may contribute to understanding some aspects of the issue, to be pending a legislative intervention that could provide a comprehensive solution
Rideau, Annabel. "De l'intégration et de l'application comparées de la directive 85/374/CEE sur la responsabilité du fait des produits défectueux en France et en Angleterre." Paris 2, 2000. http://www.theses.fr/2000PA020123.
Full textMontero, Étienne. "La responsabilité civile du fait des bases de données /." Namur : Presses universitaires de Namur, 1998. http://catalogue.bnf.fr/ark:/12148/cb37564136p.
Full textDeffains, Bruno. "L'analyse économique de la responsabilité civile de producteur en cas d'accidents provoqués par son produit." Nancy 2, 1991. http://www.theses.fr/1991NAN20009.
Full textThis study is an economic analysis of product liability rules as devices preventing accidents caused by products. Immediately it was admited that legal rules influence the behavior of individuals. Il becomes interesting to shed the light on this effects with the help of economic theory. After discuting the basis of economic analysis of the law, the relative desirability of several producers liability rules are studied in a first party to begin with a simple model involving a producer and a consumer. Next the model is widened to include eventually price maker firms, imperfect information of consumer or judges, risk aversion, insurance markets or products presenting different levels of reliability. In a second party, the economic effects of recent evolution of American, European and French law are studied. These different regulations tend to favour a form of liability without fault. This evolution doesn't seem however to be in accordance with the main conclusions of economic analysis particularly in case of contributory negligence or state of the art defense. Well applied, a rule of liability withfault can permit to minimise social cost of accidents
Maillols, Anne-Catherine. "La responsabilité du fait des médicaments : l'industrie pharmaceutique face à la loi du 19 mai 1998 /." Paris : Éd. de Santé, 2003. http://catalogue.bnf.fr/ark:/12148/cb391529761.
Full textMarkovits, Yvan. "La directive C. E. E. Du 25 juillet 1985 sur la responsabilité du fait des produits défectueux." Paris 1, 1989. http://www.theses.fr/1989PA010272.
Full textThe directive concerning liability for defective products laid down by the e. E. C. On the 25 july 1985 is derived from an independant development in the law of product liability, as opposed to the existing law of civil liability. By upretting the established distinction between the two traditional sources of liability, the more general question is raised as to the place to be given in judicial decisions to the special rules of liability as opposed to the established law in respect to civil liability. In fact the laying down of special rules concerning defects in products has resulted in extraordinary changes in our law of civil liability, changes which derive from historic sources and specific techniques
Kheir, Bek Lamiaa. "Les fonctions de la responsabilité du fait des produits défectueux : entre réparation et prévention : étude comparée entre le droit français et le droit américain." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32006.
Full textIn a time where risks multiply exponentially, it becomes a must to find a mean obliging the decision makers to observe the weakness of their knowledge and the importance of making their decisions on the basis of their ‘ignorance’ and lack of understanding of the world. Our study focuses on the production and distribution industry that should anticipate and manage the risks it creates. One of the factors influencing the parties in this direction is the recourse to liability. At all times, french and american traditional liability solutions have played a role of compensation, clearly in favor of the victims. Nevertheless, the role of the liability rules evolved due to social and economic pressures. From a subjective contractual and tortious liability system, the evolution led to the expansion of the practice field of products liability, leading to the creation of a Strict products liability system. On both sides of the Atlantic, the choice of this evolution is not in particular the result of a search of the efficiency of liability rules, nonetheless, it ultimately procured a wide acceptance of the prevention function of those rules. The analysis of Products Liability, in french and american laws, allows a better assessment of the progress of the functions of liability rules, and consequently allows the development of an efficient and adequate products liability regime
Parra, Lucan María Angeles. "Daños por productos y protección del consumidor /." Barcelona : J. M. Bosch, 1990. http://catalogue.bnf.fr/ark:/12148/cb37451917h.
Full textBen, Ayed Sahli Salma. "La responsabilité du fait des produits défectueux : étude comparative de droit algérien, marocain et tunisien." Rennes 1, 2011. http://www.theses.fr/2011REN1G024.
Full textThe issue of the protection of consumers in the North African space suggests essentially the research of the nature of the product liability. A consumer, injured by a defective product, will be offered an embryonic protection if he acts according to the principles of the civil liability in common law. Tort law or breach of warranties offers many possibilities in case of injuries because of a defective product; but this set of rules makes it difficult for an injured consumer to gain damages. These legal rules are complicated and unsuited to the real situation of consumers in a consumer society in expansion. The proposal of the construction of a specific product liability comes from the idea of the necessity of spreading out a new consumerism culture which must conform to the economic and social reality in North African countries. The study of the consumer protection law in these countries proved that this law was ineffective. The reason for this is related to the absence of a specific claim in favor of the automatic compensation of injured consumers. As a matter of fact, the provisions of consumer protection laws cannot be to consumer’s advantage if there is no implementation of the strict product liability. The adoption of a special consumer law must be the result of a clear consumer policy which can integrate new concepts in the judiciary practice. The ultimate purpose of this policy is to facilitate the access to justice for consumers, so they can go to court against any participant in the distribution chain of products
Proal, Frédéric. "La responsabilité du fournisseur d'information en réseau /." Aix-en-Provence : Presses universitaires d'Aix-Marseille : Faculté de droit et de science politique, 1997. http://catalogue.bnf.fr/ark:/12148/cb36696240b.
Full textAbdel-Hamid, Sarwat. "Obligations et responsabilité du fabricant de produits dangereux." Montpellier 1, 1989. http://www.theses.fr/1989MON10026.
Full textKhoshnoodi, Reza. "La protection du consommateur contre les produits défectueux : regard franco-iranien." Nantes, 2011. http://www.theses.fr/2011NANT4016.
Full textTraditionally, consumer law is defined as a set of rules aimed at balancing the relationship between consumers and professionals. But Consumer Law does not boil down to the "Consumer Code" and shall not be restricted to simply protecting the economic interests of consumers. Indeed, the safety of individuals is also a preferred value and it covers a field that is wider than the protection of economic interests in the professional-consumer relationship. A major question is therefore whether Consumer Law, as traditionally defined, is sufficiently equipped to protect consumers against defective products and their consequences. In order to answer this question, this study endeavours to go into the depth of things, especially on the issue of the independence of consumer law. It concludes that consumer law cannot achieve consumer protection on its own and needs to rely on other branches of the Law, especially public law, criminal law and civil law. What can undermine the effectiveness of Consumer Law as a protector of consumer safety is the non-use of other law fields. This is in this perspective that this study tends to demonstrate why the use of Public Law, Criminal Law, Civil Law is essential
Fuchez, Valérie. "La responsabilité civile des fabricants de matériaux de construction." Toulouse 1, 2002. http://www.theses.fr/2002TOU10002.
Full textMaillols, Anne-Catherine. "La responsabilité du fait des médicaments. L'industrie pharmaceutique à l'épreuve de la loi du 19 mai 1998." Montpellier 1, 2002. http://www.theses.fr/2002MON10010.
Full textTaylor, Simon. "L'harmonisation communautaire de la responsabilité du fait des produits défectueux : une étude comparative du droit anglais et du droit français." Paris 1, 1998. http://www.theses.fr/1998PA010306.
Full textOur comparative study of product liability in french and english law takes as its starting point the ec directive 85/374/CEE of 25 july 1985 on the approximation of the laws, regulations and administrative provisions of the member states concerning liability for defective products. ; in a preliminary chapter, we analyse the foundations of the community reform and define the numerous opportunities for divergence in national laws left by the directive. Our study is then divided into two parts. In the first part, we compare the english and french rules on product liability. We analyse the significance of the differences identified in terms of compensating the victim and the liability of the defendant. In addition, we draw conclusions on the efficacy of the european reform in terms of the harmonisation of national laws. The second part of our study is devoted to a critical analysis of the logic of the english and french systems in the light of the European reforms. Firstly we conduct a critique of the efficiency of the two systems in terms of compensation of the victim and prevention of damage. We also analyse the compatibility with community objectives of certain elements of the french rules. However, the major part of our analysis will relate to the illogical difference which exists in both english and french law in the treatment of third pary victims compared to buyers. We note the contrasting approaches of the two laws on this question. We then analyse the respective merits of the two approaches, and propose solutions. We conclude our study by calling into question the whole system of civil liability and envisage the possibility of a broader based reform
Bouquet, Vincent. "La responsabilité du fait des produits de santé en France : entre droit général et droit spécial." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH006.
Full textApplication to health products of the general system of liability for defective products laid down by Directive 85/374/EEC and transposed into French law by the law of 19 May 1998, has been widely criticized. The liability law here comes up against a multi-faceted concept involving highly heterogeneous products, the hazardousness of which is variable.Previously, if there was no specific system for these products, the judge had a margin of discretion protecting the victims. The erosion of this margin of discretion by the "defective products" Directive would lead, prima facie, to the need to create a special system of liability for health products. However, closer scrutiny of the rules and regulations governing various health products tends to show that there is already a patchwork of special, scattered systems that should be identified.Faced with the diversity of sources of law and health products, it is unrealistic to call for the creation of a special system common to all health products. This could potentially create a system that over-regulates and is unable to cater for all possible scenarios.Thus, rather than seeking to go beyond the relationship between general and special law, it is a case of carefully exploring the contours and coming up with proposals to make it easier for victims to obtain compensation
Canfin, Thomas. "Conformité et vices cachés dans le contrat de vente." Nice, 2006. http://www.theses.fr/2006NICE0003.
Full textWithin the framework of the sale contract, the contractual liability for defect for conformity and the guarantee of the hidden defects are two actions of common law system created by the Civil Code, and intended to protect the purchaser in a chronological and autonomous way. But the substantive law reveals a conflict in fact between the actions. This failure of the dualism of the actions of the general mode is to be counterbalanced with the exemplarity of the monism which incarnated by the derogatory modes of the UN Convention on Contracts for the International Sale of Goods (Ap 11, 1980) and of the new legal guarantee of conformity intended to protect a consumer treating with a professional. But it is regrettable that the Ordinance of Feb 17, 2005 made the choice of a minimal transposition of European Directive No 1999/44/EC of May 25, 1999 in the Consumer Code, therefore, the legislator will not be able to probably make the saving in a new reform
Garcia, Fanny. "Le défaut indécelable de la chose en droit de la responsabilité civile." Nantes, 2008. http://www.theses.fr/2008NANT4005.
Full textSeveral liability suits are open to the victims of damage caused by the undetectable defects inherent to goods. Yet, none of these are really appropriate regarding the specificity of such defects. The major difficulty lies in the fact that it is almost impossible to prove the cause of the damage and the relation of cause and effect between both. Producers meet the same kind of difficulties when trying to exonerate themselves from their liability. These facts testify to the inappropriateness of the French Positive Law's capacity to take into account the undetectable defect inherent to goods. This explains partly why Producers turn to contractual techniques in order to protect themselves against this type of defect, and also, why Insurance Companies refuse to cover unknown risks such as the undetectable defects of goods. Presently, the only way for victims of such a defect to obtain compensation is through National Solidarity. Therefore new perspectives must be enforced to protect the victims. These new ways must find their sources in the Civil and Insurance Law and also remain in the existing National Solidarity. From a legal point of view, the undetectable defects are included in the insurable risks. Nowadays, Producers are subject to a compulsory insurance. This type of Insurance is preferable to a direct damage insurance, which is generally presented as being too unfair. The concept of National Solidarity must remain. Yet, it must be confined to a subsidiary role. Moreover, it is necessary to create in addition to the existing mechanisms, a solidarity fund that would be financed by the diverse branches of activity that create risks. Some adjustments must also be made to the Civil Law. These modifications must begin with the difficulties of proving the fault and end with the extinction of the duty of Vigilance. They also must concern the rules of traceability and imputability. The adjustments must be extended in favour both of the victims and the Producers. They seem to be imperious in order to set a fair repartition of the damageable effects of undetectable defects of goods
Cholkami, Chehata Gharib. "La responsabilité liée aux contrats relatifs aux logiciels informatiques : étude de droit français et de droit égyptien." Paris 1, 2002. http://www.theses.fr/2002PA010255.
Full textFlatin, Sandrine. "Incertitude scientifique et responsabilité civile." Lyon 3, 2000. http://www.theses.fr/2000LYO33037.
Full textEdery, Betty. "L'action de groupe est-elle une procédure adaptée à la responsabilité du fait des produits médicaux aux Etats-Unis?" Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81469.
Full textIn the US, thousands even millions of people suffer from personal injuries because they use a defective medical product; this is referred as a mass tort. The class action procedure is often used in order to repair these personal injuries. Plaintiffs always ask for the use of this procedure, but the federal American courts always refuse the certification of the class because the conditions of Rule 23(b)(3) are not fulfilled. This is what is called "the new trend of American courts".
The non application of the class action procedure leads to terrible results; victims of a defective medical product cannot receive compensation for the injury they are suffering from. These victims choose the class action procedure because of its advantages, if the class action is not certified they won't sue individually. If the real problem was the non respect of Rule 23(b)(3)'s conditions, a modification or a reform of the Rule would have been done. Unfortunately the laxity of the federal judges tends to influence the American Congress who ignores the need for a reform of this rule. This makes us wonder what the real justifications motivating this refusal of certification are.
Cirillo, Michèle. "La responsabilité civile du producteur de médicaments." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32004.
Full textWithout proper disposition of the civil liability because of medications, only the common right was found to be applied until the transposition into a national law of the directive of July 25, 1985 dealing with the defective product liability. With all the legal arguments, the jurisprudence had to be adapted to the singularity of medications and to interpret the common right with the directive until the adoption of the law of May 19, 1998. According to its wide definition of the product, the law of transposition of May 19, 1998 deals with the legal argument concerning the damage caused by medications. However, this law is enforceable only on products put in circulation after being in effect and it organizes its own eviction in favour of pre-existent modes. Consequently, the civil liability of medication producers is still mainly governed by the Praetorian mode based on the common right. The interpretation of the directive by communitarian tribunals could however annihilate this mode in favour of the law of May 19, 1998 whose conditions of implementation appear to be unadapted on the matter
Ariaeipour, Ali. "La responsabilité du fait des produits défectueux en droit des affaires internationales et comparé (droit européen, droit français et droit iranien)." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30018.
Full textProducts liability is the name of a field of law concerning the liability of persons who are engaged in the business of selling or otherwise distributing products who sell or distribute a defective product for harm to persons or property caused by the defect. They are strictly liable. Their liability is a kind of liability which goes beyond the traditional distinction between the contractual and tortious liability. The United-States of America and European Union have the most developed products liability laws in the world. In the United-States the American Law Institute memorialized precedential rule of strict products liability in tort in §402A of the Second Restatement of Torts, and officially promulgated it in 1965. In 1992, the American Law Institute began working on a new Restatement (Third) of Torts on the specific topic of products liability law, approving the new Restatement in 1997 and publishing it in 1998 as The Restatement (Third) of Torts: Products Liability. In Europe, Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) constitutes specific law of products liability of European Union member states. This directive has been transposed in French law by 19 May 1998 act and formed articles 1386-1 to 1386-18 of civil code. Fault is the only legal basis of Iranian products liability law. For solving conflicts of laws and jurisdictions which arise from international trade of products and determining the applicable law and competent jurisdiction we can implement international conventions and regulations which have been elaborated on this subject as well as traditional rules of conflicts of laws and jurisdictions of the countries
Ngoué, Willy James. "L'obligation de sécurité en droit médical." Paris 8, 1999. http://www.theses.fr/1999PA083738.
Full textBouziani, Louiza. "Réflexions sur la responsabilité des fabricants de farines animales du fait de la maladie de la vache folle." Paris 8, 2006. http://www.theses.fr/2006PA083729.
Full textDid the MBM (meat and bone meal) manufacturers, who are the professionals of animal feeding, play a role in the appearance of the mad cow disease crisis? Are they responsible for this? The complexity of the file is nowadays an indisputable fact. Could the authorities, the state members of the E. C or those professionals see their responsibility engaged with that of the wheat farmers? What importance was given to precautions? A reflection on the role played by the MBM manufacturers seems to be inescapable (the latter being the main actors in the appearance of the mad cow disease)
Vagnair, Virginie. "Les contrôles administratifs sur les médicaments." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40042.
Full textDrugs intended for human medicine are potentially dangerous products to public health and must be placed under the permanent control of public authorities. The main objective of the administration is to guarantee the safety of consumers, who must not be faced with mindless health risks. The controls exerted over that are a particular application of the famous precautionary principle. Two types of controls are distinguished. On the one hand, the controls in the sense of constraints weighing on the medicines are various examinations, verifications and appreciations focused on the pharmaceutical specialities throughout their chain, from their conception to their surveillance on the market, having passed through their manufacture, their authorization and their marketing. On the other hand, there are controls which are related to the various responsibilities incurred in the domain of medicines, those that could be harmful
Weniger, Catherine. "La responsabilité du fait des produits pour les dommages causés à un tiers au sein de la Communauté Européenne : étude de droit comparé /." Genève : Droz, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/272754501.pdf.
Full textLamothe, Sophie. "Les actions en réparation en cas de violation des attentes légitimes relatives à l'état du bien vendu." Thesis, Metz, 2011. http://www.theses.fr/2011METZ003D.
Full textSales law appears as a rich law. However, it is also a complex law, verily a confused law. The question of the lawsuits that victims (purchasers or third parties) can file, in case of a breach of the legitimate expectations relating to the state of a good they purchased, is the main issue. The fact that the victims can file many different lawsuits could be interpreted as a good way to protect their interests as well as to obtain an effective compensation for the damage suffered by them. Nevertheless, this diversity leads mostly to legal uncertainty. Indeed, the choice of the right lawsuit appears tricky because it depends on some unspecified notions and confused rules relating to the multiplicity of lawsuits. A reform is also required to define with clarity and coherence which lawsuit has to be filed in order to obtain compensation for damage. The transposition of the directive n° 1999/44/ce of 25 may 1999 was without any doubt the occasion to implement such a reform. Unfortunately, the opportunity was not grabbed. A new lawsuit regarding conformity of goods, which can only be filed by consumers, has been established increasing the risk of multiplicity of lawsuits. It is advisable to carry out a deep reorganisation of the lawsuits based on the criteria of the nature of the damage. Regarding damage to the goods, a lawsuit based on the conformity guarantee, without any distinction linked to the cause of the damage or the status of the consumer, is recommended. Regarding damage due to the goods, the liability for defective products, which is a mandatory liability in case of a breach to the safety, should coordinate with the personal liability
Tber, Youssef. "La non-conformité des marchandises dans le droit marocain de 1913 DOC : réflexions sur l'inadéquation des principes protectoraux aux normes de CVIM du 11 avril 1980 : contribution à l'histoire du droit commercial marocain." Perpignan, 2009. http://www.theses.fr/2009PERP0835.
Full textAddressing non-compliance under Moroccan law, it is first become aware of a very abundant subject, it is also about how the practical texts deal and control this subject. A major issue is revolved about the conformity of the goods. According to these texts, the demands of the buyer are the cornerstone of disagreement. In these cases, the buyer bears a heavy burden of proof. It must not only prove that it has conducted a review at appropriate time, but it must also prove that it has carried out a denunciation of the defects detected accurately and in a conventional period of time. The aim of this thesis is to investigate non-compliance in the international sale of goods in the two laws compared: «D. O. C» (Dahir Code of Obligations and Contracts) and «C. I. S. G» (Convention for the International Sale of goods of 11 April 1980). It has been noted that the drafters of the CISG wanted to draw a special non-conformity of goods to avoid the distortions of national legal systems. This can be justified by the fact that such a uniform law would help to create stability between the provisions of national laws, particularly if we accept the assumption that the parties may not know its provisions
Fontenaud-Lapègue, Céline. "Les actions de l'acheteur déçu." Poitiers, 2006. http://www.theses.fr/2006POIT3013.
Full textAccording to the French law of goods, the buyer can exercise several remedies in case of disorders of the good or the contract. But this plurality of actions is source of confusion because of the indetermination of the concepts on which are based each action. On purpose to protect the buyer, the French courts has interpreted in a large sense the concepts, and has created new obligations for the seller. It increased the concurrence of the different actions. The introduction of the European directive on warranties on consumer's goods in the French law should have been the occurrence to simplify the rules. But the new act of 2005 February 17th has created one more new action in the Consumer code. This new action will be necessary in concurrence with the other actions to the Civil code
Oudot, Pascal. "Le risque de développement : contribution au maintien du droit à réparation." Dijon, 2001. http://www.theses.fr/2001DIJOD007.
Full textThe development risk is an undetectable phenomenon. It is similar to the notion of cas fortuit (act of God), no longer in use under French civil law today. In the present state of the realm of judicial decisions, it could constitute a generating act of liability. This is not the solution accepted by the law of 19 May 1998, which admits the exemption of development risk in the realm of liability due to faulty products. Such a means of defense is difficult : the person relying on it to overcome the burden of proof of a negative occurrence. However, its classification among the causes of moral non-imputability gives a subjective dimension to liability. Coming within the framework of a context dominated by the implementation of the principle of precaution of which it constitutes the corollary, risk development exemption frees the producer from liability when the risk is no longer under his control. What emerges is that development risk exemption is the true basis of liability
Alexaki, Galatia. "Les éléments objectifs et les éléments subjectifs de la responsabilité du fait des produits défectueux et la rpotection du consommateur : confrontation du droit grec à la directive communautaire n°85.374 CEE." Paris 2, 1993. http://www.theses.fr/1993PA020113.
Full textThe community directive (85 374 eec) on the approximation of the laws. Regulations, and adminsitrative provisions of the member states concerning liability for defective products introduces a new system of producer liability clearly distinct from the traditional system of the member states in this area. The new system is strict liability based on a safety defect which is assessed objectively by the national coourts. In order to ensure a better protection for consumers the directive does not abolish existing national laws on which the victim can rely on the basis of contractual or non-contractual liability. As greek law applies non-contractual liability in this field we have been led to undertake a parallel examination of both, the objective elements (product, defect, damage) and the subjective elements (the person liable, the victim-consumer) of these two systems of liability. Nevertheless the result is not very satisfactory. The protection of the consumer which is the main point of our study is not sufficiently ensured because the diversity of national solutions in this area persists and the harmonisation of national legislation has not been fully achieved
Elatrag, Nagia. "L’obligation de sécurité à la lumière du développement de la responsabilité contractuelle et son application sur les produits de santé : étude comparée entre le droit civil français et le droit civil libyen." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1061.
Full textThis thesis focuses on the safety obligation regarding contractual liability in the light of French law and Libyan law. Research tends to answer the following questions: What is safety of medical products? On what legal basis can we justify that obligation? What are the difficulties in applying this requirement to address issues of health products? What is the health products? The law and civil liability Libya is it perfectly suited to the protection of the victim of health products as in the French liability law? This questioning has led the author to develop a thorough analysis of the safety obligation by way of contractual liability and health law French and Libyan. In the first part of the thesis, we see that the notion of bond security, including with respect to contractual liability, has experienced a major change from the time before. In fact, the emergence of the concept of safety obligation is old since it was founded in France 21 November 1911 at the contract of carriage. It can be defined as "the obligation to ensure the safety of any person or property which may be an obligation of result or means." Some codes of Near Eastern world have adopted the resolution that the French Supreme Court has taken in 1911 in the transportation of persons, such as Egypt and Lebanon. In 1956, the Appeal Court in Alexandria has complied with the requirement of safety in the transportation of persons. Similarly, in Lebanon in the Code of Obligations and Contracts provides in Article 688 that the contract of carriage of persons is the responsibility of the carrier's obligation to lead the traveler, unharmed, to the destination
Dahan, Ariane. "L'obligation de sécurité des produits en droit civil comparé : étude comparative du droit français et du droit anglais." Paris 2, 2006. http://www.theses.fr/2006PA020009.
Full textMahmoud, Ahmad. "Les cadres juridiques de la responsabilité civile des prestataires techniques." Montpellier 1, 2007. http://www.theses.fr/2007MON10026.
Full textThe concept of civil liability undergoes existential upheaval in the shadow of the evolutions noted in the e-commerce field. The technical service providers are the first actors who enter in direct action with the users of there internet services. They hold technical and factual capacities in the management of the functions of access and lodging. Their legal statute was regulated by the French legislator in order to grant to them an active and substantial role in the fight against the damages and the crimes on the web. Their proximity of the net surfers, and their plausible identification endorse a burden of responsibility naturally to them, that they should had support with other potential actors who seems to be hardly identifiable on the net. This abnormal situation cause interrogations on the equitable flexibility of their responsibility by laying down rather precise conditions as for its realization, particularly about the most adapted legal status for preserving the victims rights of the to spare the proof, as well as the research of the other melting elements of the direct or indirect responsible actors of the Internet. Technical service providers should not be necessarily considered as the only direct authors of the damages undergone by net surfers, but rather the guarantors, policemen and even the “judges” who will be able to finally emit verdicts of labialization better adapted for the fugacious and virtual nature of the data and information flow over the Internet. A private justice pattern regains surface, but this time with its virtual facet which adds to the electronic scenario its natural corollaries of netiquette and auto-regulation, without to disavow in the absolute, enhanced traditional interventionist’s roles of the official sovereign authorities in the laws making and the pronunciation of compensations and penalties