Dissertations / Theses on the topic 'Responsabilité extracontractuelle'
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Girard, Bénédicte. "Responsabilité civile extracontractuelle et droits fondamentaux." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010311.
Full textThis thesis aims at investing the growing influence of fundamental rights on French tort law through questioning the reasons for it and the resulting consequences. It aims at showing that the resort to fundamental rights focuses on prioritizing the different issues at stake in sui15 on the ground of tortious liability. French tort law is characterized by very general rules, which submit the different categories of victims and perpetrators of damage to a uniform treatment without distinguishing the nature of the interests at stake. In the absence of legislative reform, in the eyes of claiman15 and judges, fundamental rights appear as quick and effective means of prioritizing the interes15 at stake, in so far as they protect interes15 perceived as superior. The invocation of a fundamental right is resorted to specifically to challenge an existing rule in favour of a solution that better protects the interest guaranteed by the fundamental right in question. In other cases, it further justifies an established solution through openly taking into account the interest that requires such increased protection. Even though it seems legitimate to take victims' and damage-perpetrators' interests into greater account, the resort to fundamental rights to achieve such an objective however has limitations. Fundamental rights serve as arguments to protect such interests, but do not provide any indication of the precise manner in which this protection must be guaranteed. In this respect, the present study offers sorne avenues of reflection with a view to improving the taking into account of the interests at stake in tort suits. Moreover, the fact that fundamental rights are increasing invoked is not neutral in tort law, because it results in in-depth changes in judges' manner of reasoning. Indeed the application and construction of ordinary tort law rules are now bound to respect fundamental rights, whose number keeps on increasing and which are stated in very general terms. The settlement of disputes then depends on how judges construe and reconcile the often contradictory issues arising from victims' fundamental rights and those of damage perpetrators. The syllogistic approch to legal rules in thus challenged to benefit of a method based on the balance of interests, which implies a deliberative approach to adjudication. Such a develoment is bound to create legal uncertainty. This thesis therefore aims at reviewing the resort to fundamental rights, thus distinguishing between cases in which the invocation of a fundamental right is necessary and dserves to be encouraged, and those in whixh it is useless or harmful and should therefore be avoided
Fuchs, Olivier. "Responsabilité administrative extracontractuelle et atteintes environnementales." Nantes, 2007. http://www.theses.fr/2007NANT4027.
Full textSocial demand for a compensation of the damage done to the environment questions the rules related to liability in the field of administrative law. According to doctrine, the confrontation between the individualistic bases of this law and the collective nature of environmental damage should result in the inadequacy of the legal categories of liability for pollution-related matters. This study demonstrates that the answer to this question is in fact more subtle. First, administrative liability is able to adjust in order to take the specificity of environmental damage into account, regarding conditions of liability as well as litigation practices. These readjustments are necessarily limited, as the administrative judge does not take environmental damage into consideration, and as there are certain general limits stemming from the nature of administrative liability itself. However, the emergence of new standards for environmental protection leads to rethinking the concept of administrative liability. Its grounds are being renewed, which generates change concerning both the conditions under which administrative liability can be appealed to and the use of this legal technique in environmental damage compensation. Administrative liability appears renewed by its acknowledgment of environmental damage. This study also highlights the fact that there are legal techniques that would allow taking even better account of the specificity of environmental damage in the field of administrative liability
Bary, Marion. "L'influence des droits subjectifs sur la responsabilité extracontractuelle." Tours, 2007. http://www.theses.fr/2007TOUR1005.
Full textThe breaking of a right is a condition of civil liability. It’s the damage. But today, it’s often compensated by systems of indemnity. So rights and civil liability are become rivals systems. With the protection of rights, the fault is progressively excluded. The behaviour of liable isn’t appreciated. The compensation is easier. With the recognition of rights, rules of compensation are varied and are become complicated. It’s particular true for bodily harm and for damage to property. A reform is necessary. Bodily integrity and property could be protected out of Civil liability. These rights are very important so their protection could be completely autonomous. Civil liability could apply when rights are opposed. If the titular of a right makes a fault, he’ll be liable for damages. It could be the rule for the unfair competition and for the breaking of private life. So rights and civil liability could be complementary systems
Kaczmarek, Laurent. "L'originalité de la responsabilité pour fait normal : étude critique sur l'engagement de la responsabilité civile extracontractuelle." La Rochelle, 2009. http://www.theses.fr/2009LAROD017.
Full textThe civil liability in tort traditionally requires a generating fact, a loss and a causation link between both. In some cases, called “liability for normal fact” or “causation liability”, the generating fact does not involve, from a technical point of view, any abnormal condition. For instance, the vicarious parental liability for their children’s acts is involved for a non culpable act of the minor. The liability concerning privacy arises from the mere invasion, the liability for nuisance only requires the abnormality of the loss sustained by the victim whereas the generating fact can be normal. However, we show that, from a theoretical point of view, in any hypothesis of liability, the unlawfulness of the damaging situation results from both the cause (the generating fact) and the loss. It is “le délit” ou “le quasi-délit” (approximately translated by tort or unintentional tort), that is to say the fact in a legal sense that causes liability. It results from a judge ruling showing a preference for the victim, following a confrontation of two opposite interests. The licit interest, assimilated to civil liberty, represents a subjective right in the broad sense of the term. Conversely, subjective right in the strict sense of the term represents possession, that is to say a legal object legally linked to the person by a kind of ownership. The liability cannot then be derived from neither an infringement to a subjective right, in both senses of the term, nor from the causation of a loss. For the defendant, “le délit” ou “le quasi-délit” reveals the transgression of civility norm, assessed a posteriori by the ruling
Bloch, Cyril. "La cessation de l'illicite : recherche sur une fonction méconnue de la responsabilité civile extracontractuelle." Aix-Marseille 3, 2006. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D17.
Full textThe law of torts is generally approached only through its double compensative and punitive function. This study brings out the function of cessation of the illicit which it fills, besides, under the cover of reparation. The first part tends to restore its functional unity in the cessation of the illicit : it supports, on one hand, that the cessation of the illicit would deserve to be clearly removed from the repair and, on the other hand, that this singular function has all its place in common law of the tort liability. The second part of the thesis highlights the autonomy of the regime of the cessation of the illicit. The cessation of the illicit distinguishes itself, at first, from the repair by its more objective conditions of application : we so notice that the traditional conditions of fault and damage are indifferent when the victim contents with demanding the cessation of illicit disturbance. The functional autonomy of the cessation of the illicit invites, then, to officialize the compulsory character of the cessation of the illicit by removing to the judge the power to substitute compensation for the measures of cessation of the illicit which are asked him
Broche, Christophe. "La notion juridique de dommage en droit de la responsabilité civile extracontractuelle." Chambéry, 2010. http://www.theses.fr/2010CHAML018.
Full textThe notion of damagr is constitued first of all on a lesion. Distinguished from the loss, this last one bases on an interest and reveals a dynamism through the elements which allow to characterize it. The study of the notion of lesion allows to define its role and its place within the notion of damage. However, if it takes inevitably support on the lesion, the notion of damage cannot be reduced to this one. The sense of identity of the damage and its dynamism appear in the capacity of the notion to be situated in the heart of the tension which becomes established between opposite interests. The notion can then define itself as the breaking point of the balance between conflicting interests. By basing on the balance of the strenghs, the notion of damage reports the particular context of the relations of neighborhood. In this environnement, because of the permanent friction between the rights opposite, the coexistence is conceivable only by trade-off in the exercise of the interests. The lesion is repairable only if this one translates, by its intensity, or the exercice of the rival interest, an imbalance in the relation. This one characterize then the damage and the calls a repair. The variety of the interests allows besides adapting the notion of damage to the situations of risk by inviting to look for the balance in the conflicting interests. But it is on the occasion of the implementation of the repair that the utility of the dynamaic character of the notion shows itself complety. The damage being the result of an imbalance between the interests, the abolition of the abnormality of the relation between the divergent interests authorizes and justifies the use of measures at the same time on the hurt interest and the conflicting interest. Ordered with the aim of restoring the balance and proportioned, the measures allow assuring the long-lasting coexistence of the interests in the situations where the tension between these last ones is permanent
Sabard, Olivia. "La cause étrangère dans les droits privé et public de la responsabilité extracontractuelle." Tours, 2007. http://www.theses.fr/2007TOUR1004.
Full textThe study is designed to explain similar points, differences and mutual influences between civil and public law about the external cause. It has revealed that differences were globally dominant. Therefore, it was necessary for us to compare public and civil law choices and to suggest that the civil solution changes when public one is more appropriate. The study of the external cause has also contributed to solve thorny and common problems of civil and public law. Indeed, the external cause, precisely the force majeure, enables at first to identify the nature of liability in order to determine if a person is liable because of her conduct in the damage or apart from it. When liability isn’t excluded by the force majeure, liability is like guarantee. Moreover, the external cause is useful to understand better the notion of causation. It shows that two causation connections should be distinguished actually, the one being the link between the activity which involves liability and the damage and the other the link between this activity and the defendant’s behaviour. The second link just exists when the force majeure has an excluding effect. The external cause finally revealed that causation can be quantified. Thus, each person must be liable only for the part of the damage attributable to him. However, in order to protect the victim, she may claim full compensation from one person in charge or the other, and then the person subjected to solidary liability may recover a contribution from any other person liable to the victim, which is calculated according to causation
Hassoun, Carole. "L'anormalité dans le droit de la responsabilité civile : contribution à la recherche d'une unité en responsabilité civile extracontractuelle." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10056.
Full textAbnormality is associated de lege lata with various conditions of civil liability law such as fault, an abnormal thing or abnormal disorder. More than a condition, it appears more as the basis of extra-contractual civil liability. However, the abnormality has gradually become a real source of confusion : there are many situations in which civil liability exists without abnormality, others in which abnormality spreads beyond the boundaries of this field of law. For the sake of homogeneity, civil liability must be significantly revised. Refocusing abnormality as the triggering event of civil liability would reveal its singularity. In this new presentation of the civil liability law, the abnormality of the triggering event would not only constitute the general criterion of the non-contractual matter, it would also become the main tool for its implementation both in the designation of the person responsible and in the determination of the extent of the compensation. Abnormality, as a legal standard, forms a measuring instrument that is both flexible and normative, allowing civil liability to be constantly adapted to social developments and guiding its main normative and compensatory functions. Framed that way, abnormality would be the judge's privileged tool by which he would make a decision that is fair and proportionate to the divergent interests of the person responsible and the victim. Nevertheless, the abnormality in support of civil liability have some flaws : despite its strengths, it may make the civil liability law unpredictable since case-by-case judgment becomes the norm. This tool will therefore have to be supervised by strict rules to ensure its solidity and immutability. Abnormality could become in this context the reference point of the extra-contractual civil liability law
Traullé, Julie. "L'éviction de l'article 1382 du Code civil en matière extracontractuelle." Paris 1, 2006. http://www.theses.fr/2006PA010268.
Full textTravard, Jérôme. "La victime et la puissance publique : réflexions sur l'évolution de la responsabilité administrative extracontractuelle." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_travard_j.pdf.
Full textThe increasing level of interest of our Society for victims lead us to consider whether this phenomenon has any impact on administrative liability law. The long-term historical movement is an ever improving indemnification of the victims - through either the administrative liability rules - damages directly caused by the public authorities - or the "social" guarantee (damages not caused by the administration but assumed by it for reasons of solidarity). This development is evidenced by a reduction of the fields in which no compensation is possible and by the extension of the concept of damage entitled to compensation. The origin of this phenomenon is to be sought in the contemporaneous need of security, of a protection of the human person and the development of the rule of law. Thus administrative liability has been deeply renewed. On the one hand, the compensatory role has taken the step over the punitive role, which has become residual: law is now more concerned about protecting claimants rather than acting as a moralizer. Actually, the punitive role has moved towards criminal liability: citizens do no longer tolerate an immunity of the administration towards its faults and refer to the criminal Courts. On the other hand, administrative liability law has growing similarities with civil liability: this "victimization" leads the civil and administrative supreme Courts ("Cour de Cassation" and "Conseil d'Etat") to adopt identical point of views. Carried out by the same objectives, the two liabilities also face the same problems : they require reforms to better apprehend mass damages or environmental damages
Lacroix, Mariève. "L'illicéité - Essai théorique et comparatif en matière de responsabilité civile extracontractuelle pour le fait personnel." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28495/28495.pdf.
Full textFavret, Jean-Marc. "Les influences réciproques du droit communautaire et du droit national dans le contentieux de la responsabilité publique extracontractuelle." Paris 1, 1999. http://www.theses.fr/1999PA010278.
Full textSupera, Sasha. "La responsabilité civile extracontractuelle pour faute comme fondement de la sanction de l'abus de la liberté d'expression." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS564.
Full textTortious liability or Torts are useful to obtain compensation for damages of Speech : a careless paper, an unkind word or the disclosure of confidential informations. Tortious liability is currently used by the States of Belgium and Luxembourg. However, in France, on July 12th 2000, Cassation Court judges took several decisions to prevent tort law to be used in Freedom of Speech processes. Since then, France has been on a wrong path. This dissertation attempts to prove necessary the return of tortious liability in the media industry and law. France is often targeted by the ECHR for violation of article 10 (freedom of speech rights). So far, noone dared to form a request to the Strasbourg Court on the French Tort law ban. However, several reasons and arguments are available to the reader in order to expect that eventually France will be found wrong to keep on the ban of civil liability in speech freedom cases
Mauclair, Stéphanie. "Recherche sur l'articulation entre le droit commun et le droit spécial en droit de la responsabilité civile extracontractuelle." Phd thesis, Université d'Orléans, 2011. http://tel.archives-ouvertes.fr/tel-00705891.
Full textHenao, Juan Carlos. "Le dommage : Analyse à partir de la responsabilité civile extracontractuelle de l'Etat en droit colombien et en droit français." Paris 2, 2007. http://www.theses.fr/2007PA020081.
Full textFines, Francette. "Étude de la responsabilité extracontractuelle de la communauté économique européenne : de la référence aux "principes généraux communs" (Art. 215 Al. 2 ) à l'édification jurisprudentielle d'un système autonome." Bordeaux 1, 1989. http://www.theses.fr/1989BOR1D003.
Full textThe article 215 paragraph 2 eec assigns to the european communities court of justice, the function of elaborating the rules of law that are applicable in the scope of the non contractual liability. However, the court must take as a guide the general principles common to the laws of the member states. It seems that these latters can be considered as guiding principles that are extracted by a comparative study from the national laws. Besides, a comparative study that concerns all the systems of non contractual liability of the public administrations in the twelve member states of the eec reveals the variety and the particularism of the national solutions. So, the court of justice was lead to elaborate a very new law that was essentially characterised by his autonomy. This autonomy appears in the survey of the action in liability and also of the system of communitany and non contractual liability. Finally, the law of the eec appears inserted very deeply in the question of the communitary building
Flamia-Biondetti, Marika. "Réparation et dissuasion : analyse de la dimension punitive de la condamnation civile." Thesis, La Rochelle, 2010. http://www.theses.fr/2010LAROD022.
Full textNo one can contest the nature of the compensation brought about by civil liability. However, even though this reparative function is barely discussed, today the authors are divided on whether or not this should be the unique role assumed by civil liability. It cannot be denied that it takes on other roles and fulfills other purposes; the vast majority of the doctrine indicates that in effect, without underlining the outcomes that the objectives of responsibility are multiple and raise issues concerning the compensation of prejudice as well as punishment and the dissuasion of detrimental behavior. At a time when a crisis of responsibility is denounced by all, the question touches on the roles that civil liability must assume. Whereas certain authors plead for a reevaluation concerning the primary function of indemnity to victims, more and more plead the contrary, for an extension of these functions in a direction that is both more repressive and preventative. It is therefore about considering the use of civil liability as a tool in its own right for risk management purposes.Completely centered upon the compensation for victims for several decades, civil liability has, somewhat paradoxically, been ill equipped to face these new questions. Moreover, a diversification of these functions raises questions on the preeminence of the effects of one function on another and their eventual conciliation.In all actuality, there is undeniably a favorable common ground for the development of a truly punitive function of civil liability and one can note that of a double movement that reveals the regulative role that civil liability can assume.Initially, the punitive effect, which is loosely attached to traditional civil condemnation, is clearly receding under the effect of withdrawing faults but also those rules governing reparation. The effect remains nevertheless, as demonstrated by an economic analysis of responsibility. We have therefore highlighted a latent yet very real moral conception of civil liability serving a normative function.Especially noted for this second function of responsibility is that it tends to substitute a true punitive and dissuasive role of civil judgment that is constructive and coherent.We thus proposed a new interpretation of the role of civil liability after having raised the seedlings of its relatively ill scattered normative design : evolution of the notion of reparable prejudice notably with the easing of criteria relating to reparable prejudice in business law or the emergence of new prejudices, for example within an environmental framework.; the modification of the evaluation of reparation ; the emergence of the notion of privatized punishment.Two methods seem possible in order to support the resurgence of the dissuasive and punitive role of civil liability: the first relates to an increase in the consequences of civil condemnation which plays upon the evaluation of reparable prejudices but also the possible recourse to a private penalty; the second corresponds with removing the stumbling blocks which effect responsibility by putting insurance mechanisms in to place. The law relating to the insurance conceals poorly acknowledged or exploited mechanisms that could support a rise in the punitive function of civil liability
Dudezert, Franck. "De l'existence d'un principe de confiance légitime en droit privé." Thesis, La Rochelle, 2016. http://www.theses.fr/2016LAROD003/document.
Full textThe expression "Principle of legitimate expectation" is generally used, within the French legal literature, as a principle under public law which has already been established in several countries as well as exercised in the Court of Justice of the European Union jurisprudence. Beyond this classic area, some authors argue that such a principle does exist in private law. It would be, for a fraction of them, an explanatory and orientative principle. For another author, there would be several principles. These uncertainties justify interrogation on the basis of the existence of one, or even several principles of "legitimate expectation". Assuming that the answer would be positive, the function of the above-mentioned principle must be ascertained so as to determine if that or these principle(s) have for unique function orientation – or interpretation – and explanation. The present thesis tries to answer in the affirmative for the first question and to give a negative answer to the second one. The first part of this thesis highlights the principle. It argues that the legal frame of defective products regulations as well as the civil liability does punish, through several ways, the breach of the legitimate expectation. This observation assumes that there is a legal norm which requires to respect this legitimate expectation. This norm can only be considered as a general principle of law to the extent that, by virtue of its generality, it shall inspire other norms. The second part of the present thesis deals with the consequences of the principle of legitimate expectation. Several have been identified and two of them are subject to more detailed and substantial development : the forced execution related regulations and the satisfactory function of civil liability
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
Full textWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
MEILLIER, PHILIPPE. "Responsabilite extracontractuelle de l'administration en france et en angleterre (etude comparative)." Lille 2, 1997. http://www.theses.fr/1997LIL20016.
Full textSince the collapse of the socialist system, english and french law have traditionally been presented as being at the origin of the two major families of law used throughout the world. A brief analysis of their respective histories, foundations, and techniques could give the impression that that no parallels can be drawn between them and that they cannot reasonably be compared. However, it should be noted that french administrative law, which is essentially judge-made law, is based on concepts that have today become the object of criticism, that english administrative law, unknown outside the united kingdom for a long time, has started to develop abroad, and that france and england are both members of the european union. The above observations point to a centrifugal development of these two legal systems. This development is confirmed by an analysis of the foundations, the judicial organisation and the compensation mechanisms that have implemented on both sides of the channel. An examination of english law thus reveals that the tort of negligence can reasonably be compared with the french notion of fault (faute) which must remain the basic foundation of liability and that the mechanism of presumption of fault would benefit from being extended to cases where evidence is sometimes difficult to establish and where the liable party is generally insured. In addition, england, which remains basically attached to the principle of equality of all before the law, introduced a procedure specific to the public service at the beginning of the eighties. This procedure docs however only concern proceedings relating to lawfulness and not proceedings relating to the law, and curiously, seems to echo the decisions made by the french constitutional council on 22 july 1980, 23 january 1987, and 28 july 1989. Far from establishing the existence of administrative courts, these decisions in our view, restrict their jurisdiction, and today allow the legislator to transfer to the ordinary courts, all of what we agree to call the full proceedings, in order to avoid inconsistencies and lengthy submissions generated by the state of positive law. Finally the casuistic approach to law on the other side of the channel, has encouraged the development of compromise techniques. English lawyers are in fact far more ready than their french counterparts to accept their responsibility when the
Sabard, Olivia. "La cause étrangère dans les droits privé et public de la responsabilité extracontractuelle /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2008. http://catalogue.bnf.fr/ark:/12148/cb414066054.
Full textFavret, Jean-Marc. "Les influences réciproques du droit communautaire et du droit national de la responsabilité publique extracontractuelle /." Paris : Pedone, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/332695107.pdf.
Full textClerc-Renaud, Laurence. "Du Droit commun et des régimes spéciaux en droit extracontractuel de la réparation." Chambéry, 2006. http://www.theses.fr/2006CHAML013.
Full textTCHEDRE, ESSOSSOLAME. "La responsabilite civile extracontractuelle du mineur au togo. Une etude comparee du droit coutumier togolais et du droit ecrit d'origine francaise." Lille 2, 1991. http://www.theses.fr/1991LIL20006.
Full textIn togo, the situation of a minor who finds himself in the position of one who must make good domages according to customary of written law. This situation can be reduced to the causal act of damage, in the case of customary law ; while the written law, derriveed from the napoleonic code forces the judge to first categorize the minors act for which reparation must be made before deciding the minors responsibility. In order that the minor be found responsable, his action must be deemedwrongful or illicit. I propose that togo lese legislators unify this generative act : the causal act is sufficient. I also propose that the legislators suppress the classic causes of exoneration of one who causes the damage. The legislators should also create a system of guarantee to cover the damages
Bourgoin, Audrey. "Le traitement du dommage extracontractuel non encore survenu." Thesis, Tours, 2019. http://www.theses.fr/2019TOUR1002.
Full textThree types of loss or damage can be identified according to the probability of such loss or damage occurring: future loss or damage, possible loss or damage and hypothetical loss or damage. Extracontractual liability does not include any provisions relating to the treatment of this type of loss or damage. It is the judges who have determined how to treat loss or damage that has not yet occurred, based on existing law. As a result, treatment remains nebulous at best and incoherent at worst which is why the question needs to be addressed. Rather than one type of treatment, we have identified three types of treatment that vary according to the type of loss or damage that has not yet occurred. Unlike the first treatment is based on the prevention of the loss or damage that has not yet occurred, the second type of treatment consist of compensation for actual loss or damage resulting from exposure to loss or damage that has not yet occurred. The last type of treatment is based on compensation or anticipated evaluation of final loss or damage as the result of the loss or damage that has not yet occurred. Variations in the treatment applied also illustrate the difference in the probability of occurrence between future loss or damage, possible loss or damage and hypothetical loss or damage
Reydellet, Colin. "Corrélations entre conflits de lois et conflits de juridictions en droit international privé des obligations." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3074.
Full textFrench private international law holds as usual the dissociation between choice of law and judicial jurisdiction. This independence between the two sets of rules is set up as a principle by both majority doctrine and law. According to this principle, any form of correlation is and must be refuted, whether it occurs at the time of implementation of the conflict rules or the time of their formulation. In other words, three hypotheses are thus denounced: that of the direct applicability of the lex fori as such, but also those of the jurisdiction of the forum legis and the parallelism of the conflict rules, which lead to an indirect applicability of the lex fori. However, according to this study, contracts and torts private international law shows that such a principle does not exist and that it is not necessarily appropriate. Indeed, both the mechanism of overriding mandatory provisions and freedom of choice of law give rise to a direct applicability of the lex fori. Moreover, the refutation of indirect correlation modes is inappropriate. On the one hand, the jurisdiction of forum legis makes it possible to guarantee the effectiveness of overriding mandatory provisions, insofar as no other remedy is sufficient. On the other hand, the specialisation of contracts and torts private international law and the influence of European Union law on this discipline generate rules of judicial jurisdiction rules and applicable law that present a certain parallelism that is not only accidental. The thesis thus invites us to question certain classic dogmas of private international law of obligations
Fournier-Gendron, Hugo. "Sécurité informationnelle des systèmes cyberphysiques et risques à la santé et sécurité : quelle responsabilité pour le fabricant ?" Thèse, 2017. http://hdl.handle.net/1866/21353.
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