Dissertations / Theses on the topic 'Responsabilité professionnelle'
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Darracq, Stéphan. "La responsabilité civile professionnelle : étude du rapport professionnel-non-professionnel." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40027.
Full textBénéjat-Guerlin, Murielle. "La responsabilité pénale professionnelle." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40061.
Full textEspinasse, Julie. "La responsabilité civile professionnelle de l'avocat." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10035.
Full textLawyers have become an essential profession in our modern society. Like any other profession, lawyers have a liability towards their clients in respect to their rights and obligations. Nowadays, everyone is entitled to expect compensation when professional people commit an error while performing their duties. As an example, the media often highlight cases in which doctors are held liable by their patients. What about the client who has suffered a loss caused by their lawyer ? What legal mechanisms are used to hold the lawyer responsible? Does this legal professional have access to specific insurance cover ? These and many other questions are frequently unrecognised both by those to be tried and professionals in the law
Martini, Philippe. "La responsabilité du chirurgien." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32006.
Full textSurgeon is, between all doctors, the one who gets the highest rate of responsibility. His action is so typical, especially because of the need of specialisation and the need of team works, that judges are keen on increasing his responsibility. However, surgeon's responsibility is based on common rules of responsibility and that means that victims often fail in their quest of indemnity. Then, the system should be changed into one which would separate responsibility and indemnification. First of all, victims should be indemnified. An automatic system of indemnification based on a double private insurance should be set. It would work just by noticing victims' damage and implication of the surgeon's action in this injury. Then after, surgeon's responsibility should be considered. This responsibility should have a repressive nature and be restricted to the most important faults by increasing the weight of disciplinary responsibility, which would be demonstrated before civil or penal responsibility
Tylinski, Yannick. "La responsabilité professionnelle de l'huissier de justice." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32002.
Full textHolder of a monopoly, the bailiff is alone allowed to notify deeds and sumonces, to issue notifications requiered by laws and decrees when no other provision is made and to distrain upon people in application of judiciary orders as well as enforceable deeds or titles. The bailiff as a trustee is usually distinguished from the bailiff as a judicial auxiliary. The bailiff can be the truster of his customer for the distraint of an enforceable title. He has then to meet several obligations. The bailiff can equally be a judicial auxiliary, holder of judiciary order, invested with a part of public authority, and as much he has to meet other obligations, including the obligation to assist. Mistakes committed by the bailiff towards his customer, the debtor or a third person are under his professionnal whetleer civil, disciplinary or criminal liability. Since its recognition, bailiff's civil liability is submitted to ordinary rules relating to its lawswit as a contractual or criminal ground. .
Leroy, Michel. "Contribution à la notion de professionnel : les devoirs de répondre des risques créés et de maîtrise professionnelle." Toulouse 1, 1995. http://www.theses.fr/1995TOU10019.
Full textIn the law of obligations (contract and tort) the professional is the person who has at his disposal an organisation towards the achievement of a habitual activity. The daily functioning of this organisati0n creates a social risk for which the professional is responsible, and, at the same time, presumes the existence of a certain expertise. Liability for risks created and professional mastery constitute the backbone of professional liability. Liability for risks created is still not well-established in jurisprudence, particularly when damage occurs during the very exercise of this activity. To impose to the beneficiary of a safety obligation the burden of proof is an obstacle to the full recognition of this rule. This obligation needs a new examination that draws the consequences of its professional character. To make the professional liable for risks created supposes to consider him as the keeper of the things necessary to the practice of his activity. In this field, the theory of divided keepership raises some qualifications because jurisprudence does not always recognise the professional user as the keeper of the structure. Recognising this rule entails that the professional is responsible for the persons necessary for the exercise of his activity. On this point one must draw all the consequences of his professional status
Riches, Richard. "La responsabilité civile de l'ingénieur." Paris 2, 1991. http://www.theses.fr/1991PA020001.
Full textStudy of the professional liability of the engineer who performs certification tests (certification, tests for health and safety matters in the work place). Research and technical studies (particularly geotechnical) design leadership and quality control (contracting for demolition by blasting technical assistance and know-how
Edon-Lamballe, Carole. "Conscience et responsabilité civile." Le Mans, 1999. http://cyberdoc.univ-lemans.fr/theses/1999/1999LEMA2001.pdf.
Full textGimbert, Bernadette. "La responsabilité du médecin anesthésiste-réanimateur." Clermont-Ferrand 1, 1991. http://www.theses.fr/1991CLF10106.
Full textCarbonari, Caroline. "La responsabilité civile des professionnels du droit." Avignon, 2003. http://www.theses.fr/2003AVIG2002.
Full textThe professionnals of law (lawyers, solicitors, notaries, bailiffs) closely bound up with their practice go through an evolution of their responsibility. Their civil liability grows worse. That augmentation is connected with the increasing amount of obligations. People are absolutely bound up to consulting and increasingly the writing of deeds imposes more rigour. The linking up of that responsibility explains a connection with special rules. The artifice of the connection with common law gives room to the special law of consumption. Then the professionnals becomes a person simply adapted to intellectual services. He is confronted to the consumer of law. The consuming of responsibility vulgarizes the professionnal. The emergence of a special civil responsibility is in question (First Part). Then it's clear that that special civil responsibility has repercussions over action and risk. Then the influence of special responsibility is considered (Second Part). Proceedings can be instituted simply on invoking a loss of luck. The professionnal fault becomes the fact generating that special responsibility. Then it's necessary to manage the risk coming out of that professionnal activity. Because of that the professionnal must prove the piece of advice he has given, the right carrying out of his obligations. The risk remains covered by the insurance and the collective guarantee peculiar to those professions of law
Bottet, Fabienne. "La prise en charge du risque thérapeutique." Bordeaux 2, 1997. http://www.theses.fr/1997BOR2M107.
Full textGonnet, Jade. "L'assurance responsabilité civile des professionnels de santé." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0515.
Full textIn 1897, following a case particularly relayed by newspapers, about Dr. Laporte, whose responsibility had been committed for "homicide by recklessness" because of an unhappy birth, a dozen doctors made the decision to create an alliance to pay the legal costs to which Dr. Laporte was liable. Each one of them contributed one penny a day. This risk pooling approach appealed to health professionals. The members of the Medical Contest decided to create a professional defense league called the "Sou Médical", which positioned itself as a real financial and moral support for the doctors in case of questioning their responsibility. The idea of guaranteeing the risk of the civil liability of health professionals was born. It was only at the beginning of the 20th century that the insurance companies appropriated and developed the branch of medical liability insurance. Nevertheless, at the end of this century, the field of health was marked by various events highlighting the need to reposition the patient at the heart of the medical act, some of which contributed to provoking a crisis of liability insurance medical. In response to these events, the legislator promulgated Law No. 2002-303 of 4 March 2002 on the rights of the sick and the quality of the health system, which instituted, inter alia, an obligation for health care institutions and professionals to take out responsibility insurance professional citizenship. Faced with the obligation to insure such a risk, the insurers were all the more involved in the control of the medical risk in order to reduce it, which impacted and still impacts the practice of the health professional
Frizzi, Géraldine. "La responsabilité civile des professionnels du loisir." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32051.
Full textPeople working in the tourist industry are liable in civil law for corporal damages during leasure activities. They are contractually and legaly responsable. The system of responsability for each source seems incoherent. Indeed, jurisprudence distinguishes means obligation from result obligation, in a way that seems incoherent at first sight. Law applies to these professionals different systems of responsability, with different ends. In spite of this diversity and complexity, many similar rules directed towards the indemnification of the victims are applied to these professionals. The unity of the system is not totally completed but it leads to the emergence of an autonomous system, de lege ferenda
Assimopoulos, Christelle. "La responsabilité civile des rédacteurs d'actes : contribution à l'élaboration d'un statut." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10075.
Full textLawyers and notaries are subject to the same civil responsibilities when they act as document copywriter for other people. This idea has taken time to be accepted in jurisprudence and even struggles to be accepted in publications for one simple reason. The distinction between the roles of the lawyer and the attorney (the lawyer's role as a “public officer” in justice and the notary's role as “auxiliary” in justice) is often unnecessarily cited in explaining the obligations of the copywriter.Today, the requirements are very clear. The copywriting of a document involves several different professionals, most importantly lawyers and notaries, who are the only professionals who can take the leading role. According to the Law of 31 December 1990, the Supreme Court of Appeal adopts a consumerist perspective and considers this copywriting service as a product, meaning that it must have both quality and protection aspects. The Supreme Court of Appeal defines the details of the service provided by the copywriter, without indicating whether he is a lawyer or a notary.Any person taking the role of copywriter, i.e. any person who participates, even partially, in the preparation of the instrumentum, therefore has the same obligations.These obligations represent a real engagement, according to the terms defined by the Supreme Court of Appeal, as they are expressed in a coherent manner with a specific goal: an effective instrument, in terms of its faithful and effective expression of the needs of the parties. This obligation of effectiveness defines the obligations imposed on the copywriter, and also the obligations as advisor. In addition, the legal obligations of this role are not defined or limited by the contract itself. This has little impact on the supposed non-existence of a contract between the notary and his client. The responsibility of the copywriter is the same, whether it is defined by article 1382 or article 1147 of the civil code.Effectively, the civil responsibility of the copywriter is essentially only an application of the common law principles of responsibility, which explains why there is no difference in the responsibilities if the editor is a lawyer or a notary. Whether the client goes to a lawyer or a notary, the instrument must indicate the same types of offence, can ask for redress for the same injuries and must be actioned within the same deadlines
Colomb, Coralie. "La responsabilité pénale des professionnels de santé." Nice, 2004. http://www.theses.fr/2004NICE0045.
Full textThe study of the penal responsibility of health personal combines jurisdictional responsibilities and medical laws. Recently, suiting health personal like doctors or medical assistants has provoked a debate. The lawyer observes indeed a paradox when it comes to the suiting mechanism; application of the medical responsibility regime is opposed to the complexity of medical acts. This conflict of interest between patients and their doctors, each part being responsible of their rights and duties, is very specific to the penal medical law. Suiting medical personal concern imprudent acts that have provoked a corporal injury and sometimes death of the patient. Indemnisation of medical prejudices seems to be admitted and favoured by the legislator. It works in a civil process or in a both-part deal. That fits new patients' expectations. Excesses in penalisation of medical faults come from responsibility issues: penal fault and causality link with the damage. The penal exposure is copied on the court-suiting model. More favourable to the victims, repression is an open alternative for the patient, but its practical and conceptual contradictions have to be precise. Excessive repression of medical damages has theorical and legal causes. It has consequences on suits as the proof regime is eased. A better definition of faults in the medical law would allow conciliation of health personal, patients and the society's interests. Without making doctors "untouchable", the law must adjust an acceptable penal frame for all actors in the system
Robard, Isabelle. "La responsabilité disciplinaire des médecins depuis 1945." Paris 2, 1995. http://www.theses.fr/1995PA020008.
Full textEven when a new deontologic moral code is studying and that relations between the order of medical doctors and ministery are increasing in the aim of proceeding to the reform of the council of order of medical doctors, it was necessary to take stock of this institution. In fifty years, the order of medical doctors has striven to apply the existing texts, filling sometimes their gaps, but also to make the elaboration of criterions of each disciplinary fault. The study of this evolution induce us to establish two phenomenons : -- the existing of gaps and insufficencies concerning the functioning of the disciplinary procedure ; -- the existing of a duality within the ordinal institution. Within this jurisdiction of an administrative type, we can find a new type of repressive judges. Moral become deontology is changing in disciplinary penal code
Wilmann, Marie. "La responsabilité civile des auxilliaires de justice : avocats, huissiers de justice, notaires." La Rochelle, 2005. http://www.theses.fr/2005LAROD012.
Full textThere has been a dramatic surge in the number of civil tort suits concerning the legal profession (lawyers – bailiffs – solicitors). These suits put the stress on many recent doctrinal debates which challenge the reality of the two orders of responsability. To counter this crisis of the traditional framework, the rule of the precedent has determined some imperative duties for any member of the legal profession. These duties are defined from the “notion-concept” of the duty to counsel and they tend to put forward the autonomy of the legal profession’s civil liability. The general theory of the civil liability would gain coherence and clarity without including the liability of these legal professionals
Eckert, Jean-Jacques. "La responsabilite médicale des origines à l'aube du troisième millénaire : ou le passage d'une responsabilité à la prise en charge d'un risque." Nantes, 2004. http://www.theses.fr/2004NANT4017.
Full textThe medical responsibility from the origins to the down of the third millennium is a research study which is composed of two separate parts. The toast of these two parts mostly deals with the evolution both of the medical art and its philosophy to the extend that the disagreement concerting the lexical responsibility itself has not revealed significant not to say hardly non existent until the 1789 Revolution. However, the second part tackles with the evolution of the responsibility which is on the medical' dodos shoulders, with the prejudice to limit it to the liberal doctor, and considers its evolution concerting a society witch accepts risks less and less easily and witch wants systematically the identification of a responsible one and his punishment. A few researches in comparative law have enabled to discover that in our country no specific procedure exists in this particular fiels
Perron, Xaviere. "L'obligation de conseil." Rennes 1, 1992. http://www.theses.fr/1992REN11007.
Full textBreaking with the principle of the law of contract, according to which each contracting party has to obtain full information by himself to protect his personal interests, the obligation to advise enables a layman to receive appropriate information from a professional. Advice can be provided within the provisions of the contract, but most of the time it ought to be on offer from the party with superior technical expertise during the precontractual signing the given contract and about the means which are to be used. A infringed, does not cll for any special penalty, although the law often inadequate legal texts, which compels him to resort almost exclusively to the mechanism of civil liability, preferring it to everything else
Hourcade, Eric. "Aspects de l'évolution de la responsabilité judiciaire et disciplinaire du médecin généraliste." Bordeaux 2, 1999. http://www.theses.fr/1999BOR2M060.
Full textBisotto, Laurie. "La responsabilité des enseignants." Nice, 2009. http://www.theses.fr/2009NICE0012.
Full textThe teachers liability is provided by the law of the 5th of April 1937. This special exemption settlement make the members of the public teaching benefit to a quasi-immunity through the substitution of their liability to the State’s. However, the victim will have to prove the teacher’s negligence in supervising his students, in order to engage the State’s liability. This law has been really criticized because if it actually protects the teachers, it might be impossible for the victim to be compensated. Nowadays, the principles of strict liability bring to the forefront the compensation of the victims. So as to counter this situation, the jurisprudence recognizes more and better the evidence of a lack of supervision from the teachers, but the jurisprudence engages in a broad interpretation of the act of 1937. With such diversions, the legitimacy of the settlement of 1937 is increasingly challenged, and the consecration of objective responsibilities of others reinforces its marginality. Indeed, faced with the responsibility of parents to their children’s act and the emergence of a general liability for the acts of another, this system become obsolete as abandoned if another person is held responsible. Furthermore, this law is confronted to a rise of administrative litigations related to school accidents. If the damage is caused by a lack of standard maintenance of the public equipments, the teacher will be free from reproach, and the State will be the only responsible for the administrative law. Finally, the protection of the act of 1937 is compromised by the actions for damages brought before the criminal courts so that the teacher is personally liable. Therefore, updating the legal settlement of teachers liability is strongly recommended and would respond to a legal security issue
Villeneuve, Pierre. "La responsabilité des professionnels de santé : bilan et perspectives." Toulouse 1, 2004. http://www.theses.fr/2004TOU10032.
Full textKozar, Eric. "La responsabilité infirmière : revue de 80 arrêts de jurisprudence." Lyon 1, 1992. http://www.theses.fr/1992LYO1M237.
Full textPascual, Isabelle. "Les équipes professionnelles et la responsabilité civile." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40022.
Full textMore and more professionals are compelled to assemble and work together, in order to face the increasing complexity of techniques. They are freelancers or come from the liberal professions. They set up business teams (surgical teams, construction teams, law teams, teams in the tourist trade. . . ). These teams presuppose that all the team mate's personal abilities are pooled and that they have the same purpose. Firstly, we have demonstrated that these teams have a legal existence. Actually, they have a specific organisation which is revealed through the study of how the relations between the teammates started and through the analysis of the relations themselves. Secondly, we have demontred that the legal existence of such teams should have repercussions on the team-mates responsibility. First of all, the team's responsibility should be engaged, in place of its members. Instead of being personal, the responsability would then become collective. As for it, it can be understood either from the viewpoint of civil liability or from the viewpoint of insurance. Then, the team-mates should be subject to an only settlement of liability. Therefore we propose to create an autonomous settlement of liability for the professionals
Nam, Hyo-Soon. "Les obligations du vendeur : l'obligation de délivrance et l'obligation de garantie : étude comparée du droit français et du droit coréen." Nancy 2, 1991. http://www.theses.fr/1991NAN20004.
Full textOur study concerns the similarities and the differences of the obligation of delivery and the warranty in the French law and in the Korean law. - The object of the obligation of delivery is similar in the two laws: to transmit the possession of the article on sale. But, the difference of the mechanism to transfer the property of movables explains those of the juridical effect and the forms of delivery. In the French law, the fault by the seller is not necessary for the responsibility of the nonfulfillment of the obligation of delivery, while in the Korean law, the seller is exempt from his responsibility if he can proves the absence of his fault. In the French law, in principle, the court orders that the sale contract should be cancelled, whereas, in the Korean law, the sale contract can be cancelled by the unilateral decision of the buyer. - In the Korean law, the warranty has the same juridical effect whether il results from the nonconformity of goods or from the defective property. In the French law, the responsibility of the seller is graver if the warranty results from the defective property
Sbaiti, Fanny. "Contribution juridique à l'étude de la responsabilité de l'avocat en droit interne." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD070/document.
Full textThe theme of responsibility has grown considerably during the twentieth century. Legal professionals, whose lawyer , have not escaped this trend. Renowned in good faith , the lawyer was assured held liable solely on the basis of gross negligence or deceit.The use of these concepts was essential for it to be sentenced , thus restricting any appeal against it to the pure case study. Ethic ensured the integrity of the lawyer, and was a real obstacle to the idea of any responsibility towards the customer. His responsibility was limited to disciplinary field. But this is gone. The judge and legislator have framed the new activities of the lawyer and have updated various obligations for civil and criminal point..Now , the lawyer may be sentenced for civil, criminal and disciplinary
Biancucci, Matthieu. "L'institution médicale face à la montée du droit." Bordeaux 2, 2008. http://www.theses.fr/2008BOR21513.
Full textThe medical institution has to deal with the growing importance of the legal system, understood as physicians' obligations, expertise of the harm done, malpractice claims and patients' rights. After presenting the evolution of the legal system, we analyse the mechanisms of medical malpractice suits and the way they relate to diverse situations in terms of medical treatment, patients' harm and physicians' s accountbility. Then we present different types of medical malpractice claims and the experience of patients. We have explained as well how the constraint of the legal system has been internalized by physicians and the way they adjust in their daily practice. Two features of medical activity are affected : the interpersonal aspect and the technical one. Lastly, we demonstrate how the medical institution itself is forced to change under the pressure of the legal system
Marzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français." Perpignan, 2006. http://www.theses.fr/2006PERP0730.
Full textThe first part of the thesis is devoted to the determination of the concept of fault serious, it is divided into two chapters:: the conditions of the calling into question of paid (chapter I) are articulated between the conditions of existence of the fault, the liable abuse right to be made by the employee, and the role of the circumstances in the appreciation of the known as fault. The observation of the serious fault (chapter 2) is analyzed on the one hand in comparison with the capacity of observation which the employer has who bases himself on theoretical and practical bases, then in addition in comparison of the means and the burden of proof which must make it possible to the judge to judiciously qualify the faulty act. The second part is devoted to the effects of the serious fault, which are obviously the suspension of the working relationships (chapter 1) which are doubly appreciated: by its immediate character and the sasine of the court. Then, the legal control of dismissal (chapter 2) is analyzed in comparison with the basic judge who has within this framework a sovereign capacity, nevertheless subjected to the control of the supreme court
Chateauraynaud, Francis. "Les Affaires de faute professionnelle : des figures de défaillance et des formes de jugement dans les situations de travail et devant les tribunaux." Paris, EHESS, 1990. http://www.theses.fr/1990EHES0024.
Full textThrough a sample of contemporary trials focused on professional fault imputations, we have tested the validity of a theory of justice which provides a formalization of agreement between people and of interruption of disputes in everyday life. The analysis of disputes created at the workplace by ascribing a failure or any kind of disruption to a person or a thing allows us to accede, to agreements and ressources by which actors make order and coherence in situations at work. By looking at trials leading to differing interpretations, we can describe precisely how actors make consistency in front of events which occur at the workplace. We describe the conditions in which legal ressources, fixed in contemporary law, are ajusted to ressources involved by actors. According to situations, it appears that legal tools may be more or less well-ajusted to the kind of ressources used by actors to prove that a failure really occurs or not, to establish its practical consequences, to ascribe responsabilities, to remove or to set right people or things implicated in failure or disruption, and, if the case arises, to furnish a plausible interpretation of what really causes the event or dispute
Gannagé, Jocelyne. "Le devoir de vigilance du banquier." Clermont-Ferrand 1, 1991. http://www.theses.fr/1991CLF10005.
Full textMosquera, Claudia. "La responsabilité du fait de la prestation des services de santé : analyse comparative du droit colombien et du droit français." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=93d4a8be-e8d1-47a8-937a-0650b2ba9d33.
Full textThe medical act increasingly complex and technical, has a vocation to heal. However it may also harm without any fault of its author or of the service that supported the patient. So when the patient or his successors suffer from material or moral damage by virtue of medical procedure, the law through mechanisms of repair and compensation judicial or extra - judicial attempts to provide solutions. The avant-garde French law in matters of medical and hospitable liability, and in matter of medical damage repair has been questioning since years already on the recognition and support of such damages. Thanks to this long reflection process, the Law of 4 March 2002 on patients' rights and on the quality of the health system has seen the day in France. Colombian Law, while it possesses the legal principles close to the French system, has just begun to examine these issues. It still does not possess its own legal system dedicated to medical damage compensation. Moreover, the judicial recognition of some damage is still very low. This thesis allows to compare the solutions adopted by the French law and Colombian law to provide reflection points for Colombian lawyers
Taïeb, Latifa. "Le traitement social de la responsabilité médicale." Montpellier 1, 2002. http://www.theses.fr/2002MON10011.
Full textThunis, Xavier. "Responsabilité du banquier et automatisation des paiements." Montpellier 1, 1994. http://www.theses.fr/1994MON10024.
Full textFor economic r4asons, bank transfers have been very early suybmited to the accele= rating effect of "new information technologies" (data processing systems, telecommunications, telmatics. ) to what extent does this phenomenon create new risks and new liabilities for the banker having to cherck and to carry out a transfer order? this is the question that is addressed in the present study. The first part describes the various techniques characterizing automated payment systems and attempts to determine the legal regime applmicable to electronic funds transfers with reference to well known qualifications such as "virement" (giro tranfers), "mandat" (agency) and "delegation". (giro tranfers), "mandat" (agency) and "delegation". This rather theoretical approach givbes very few results as regards the banker's liability in automated payments systems. The second part of the study adopts a more pragmatical approach and inderlines, on the basis of various contractual agreements and courts decisions the legal consequences of automation in the relation between banks and between banks and their customers. Card payments, chek-truncation procedures and financial networks such as chips and swift are submitted to and in-depth analysis
Baouali, Lahbib. "L'assurance de la responsabilité civile médicale au Maroc." Electronic Thesis or Diss., Paris 8, 2016. http://www.theses.fr/2016PA080128.
Full textIn the heart of any human activity exists a part of uncertainty, fate and chance. The medical act does not escape the chance, as far as it involves (puts at stake) the only certainty of the human being, which, her (it), is example of any chance, that is: the fact that he (it) is going to die. The medical act most leads (drives) can fail, hurt and even kill. The headways (overhangs) of the medicine, however spectacular they are, do not allow to cure everything, the progress also comes along of a set of unwanted effects. There is so itself a ditch between the wait (expectation) of the patients and the result (profit) of treatments, what leads (drives) to resentments and demands which can end in trials in justice. The medical responsibility does not date current, it made its appearance from the antiquity (antique).I. HISTORY (STORY) OF THE MEDICAL RESPONSIBILITY:II. NATURE OF THE MEDICAL RESPONSIBILITY:A. The penal responsibility: B. The disciplinary responsibility: C. The civil liability: The insurance (assurance) of the medical RC is of current events all over the world, and aroused big debates on its enforcement and its adaptation to every company (society) according to the degree of development of its dispute and according to the needs and the means of the diverse participants (speakers). In our country, this shape of insurance (assurance) is still for its debuts and we arrange for the moment only certain very shy case law and doctrinal studies which do not reflect exactly the current state of the thing (matter); what leads (drives) us to draw from the solutions proposed by the foreign operators and to adapt them, if it is possible, to the Moroccan case.Things being what they are, the evolution of the medical civil liability and its incidence on the insurance (assurance) of the medical responsibility are the object of this report. The developments which are going to follow are conceived in two parts (parties). The first one (night) will be dedicated to the personal and collective medical responsibility in all its facets; while the second will deal with the functioning of the insurance (assurance) of this medical responsibility in Morocco
Marcellin, Guy. "Etude sur les perspectives de l'application du principe de la responsabilité médicale sans faute : revue de la jurisprudence et commentaires." Montpellier 1, 1991. http://www.theses.fr/1991MON11173.
Full textEl, Hayek Audine. "La responsabilité des intermédiaires de l'internet." Nantes, 2006. http://www.theses.fr/2006NANT4016.
Full textBiguenet-Maurel, Cécile. "Appréciation par la jurisprudence du devoir de conseil des notaires : (De la nécessité d'une redéfinition du concept)." Nice, 2004. http://www.theses.fr/2004NICE0008.
Full textClavé, Stéphane. "La responsabilité des établissements de santé publics du fait de leur mission de soins : contribution à l'étude comparée des droits français et espagnol." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40053.
Full textLe, Cacher de Bonneville Isabelle. "La responsabilité du médecin en matière de diagnostic." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30012.
Full textAs a matter of fact it is very hard to pin out the difference between the fault and the error. Even the old family physician ( or the consciencious and prudent physician) can be wrong. The question is : up to which point does a simple error become a fault in terms of laws? The study of the physicians liability in terms of diagnosis fault shows that the courts proceed to an objective appreciation of diagnosis fault and error. The result is not the important matter for the court but the way the diagnosis is establish. The other topic of this study is to show the necessity of a legal frame as clear as possible for the medical activity. Existing legal rules do just appear as simple parapets and are used by courts in their query for mistakes as a guidance
Tchambaz, Sabrina. "L'évolution de la responsabilité civile de l'expert médico-légal." Montpellier 1, 2000. http://www.theses.fr/2000MON10073.
Full textAlbrieux, Sandrine. "La responsabilité du fournisseur de moyens de communication électronique." Paris 2, 2004. http://www.theses.fr/2004PA020057.
Full textThe supplier of electronic ways of communication - who is not the author nor the editor of the informations circulating on internet, but the person who offers to the suppliers of contents the instruments permitting or facilitating the diffusion or the localization to the public of the information they have produced - has never been able to evolve in a " no-go area". His activities do not escape the rulings of the law when he supplies intentionally or unwisely the cause of the offence. Apart a few assumptions where he can put forward his irresponsibility or exemption of responsibility, dedicated by law for the trust in digital economy, he must answer for his harmful attitude towards others or affecting society. His responsibility can be committed as conniving when he is part of the criminal offense of the supplier of contents knowlingly and voluntarily, providing that the offense of the principal author receive the qualification of continuous offense. His attitude is reprehensible from then on he has the knowledge or could not ignore the illicitness of the content being transmitted by him, housed, reference of which is facilitated and do not act promptly to withdraw it from the network or to make access impossible, letting in this way continue the harmful action he could prevent or stop. But in a universe transcending the frontiers, the implementation of the judicial answer can be delicate and the debt of the supplier of electronic ways of communication settled abroad stand unfulfilled, because the authority of the French decisions does not have an international value as to impress the foreign authorities
Grapin-Dagorno, Christine. "La responsabilité chirurgicale." Paris 8, 2000. http://www.theses.fr/2000PA081765.
Full textBaouali, Lahbib. "L'assurance de la responsabilité civile médicale au Maroc." Thesis, Paris 8, 2016. http://www.theses.fr/2016PA080128.
Full textIn the heart of any human activity exists a part of uncertainty, fate and chance. The medical act does not escape the chance, as far as it involves (puts at stake) the only certainty of the human being, which, her (it), is example of any chance, that is: the fact that he (it) is going to die. The medical act most leads (drives) can fail, hurt and even kill. The headways (overhangs) of the medicine, however spectacular they are, do not allow to cure everything, the progress also comes along of a set of unwanted effects. There is so itself a ditch between the wait (expectation) of the patients and the result (profit) of treatments, what leads (drives) to resentments and demands which can end in trials in justice. The medical responsibility does not date current, it made its appearance from the antiquity (antique).I. HISTORY (STORY) OF THE MEDICAL RESPONSIBILITY:II. NATURE OF THE MEDICAL RESPONSIBILITY:A. The penal responsibility: B. The disciplinary responsibility: C. The civil liability: The insurance (assurance) of the medical RC is of current events all over the world, and aroused big debates on its enforcement and its adaptation to every company (society) according to the degree of development of its dispute and according to the needs and the means of the diverse participants (speakers). In our country, this shape of insurance (assurance) is still for its debuts and we arrange for the moment only certain very shy case law and doctrinal studies which do not reflect exactly the current state of the thing (matter); what leads (drives) us to draw from the solutions proposed by the foreign operators and to adapt them, if it is possible, to the Moroccan case.Things being what they are, the evolution of the medical civil liability and its incidence on the insurance (assurance) of the medical responsibility are the object of this report. The developments which are going to follow are conceived in two parts (parties). The first one (night) will be dedicated to the personal and collective medical responsibility in all its facets; while the second will deal with the functioning of the insurance (assurance) of this medical responsibility in Morocco
Audibert, Caille du Bourguet d' Arnaud. "La responsabilité des chirurgiens dans les infections nosocomiales au bloc opératoire." Bordeaux 2, 1999. http://www.theses.fr/1999BOR2M135.
Full textNoel, Elisabeth. "L' autonomie des infirmières : le rôle propre questionné." Paris 13, 2003. http://www.theses.fr/2003PA131013.
Full textNurse profession is defined by the law of the 31 st of may, 1978, which gives her two roles : one is prescribed the other is personal, and both modify the expected competencies. The personal role introduces responsibility, initiative and autonomy and implies health staff patient relationship. The prescribed role, with the increasing number and the complexity of nursing, makes the nurse be more implicated in organising the work than with the patients. This leads her to delegate her personal role nurse assistants. The evolution of the role of the nurses makes them wonder about their personal and professional identity, and calls in question again the way of working of the professionals and the hole hospitals system. With regard to the health staff physicians, they find difficult to afford the nurse's personal role as they think the nurse is, first of all, a performer, even if they let her act freely. This research intends to show up the factors influencing the evolution of nursing by calling in question the personal role and this with the help of different methodsSemi-directive individual interviews, with hospital nurses, about their personal and professional life disclosed the profile of a nurse looking for personal and professional independence. This led us to re-define the multiple meanings of autonomy, and its modes for this profession, by using collective interviews evolved from situations where the problem of autonomy of nurses is raised during their day to day nursing in hospital
Ben, Sedrine Leïla. "La responsabilité civile, pénale et disciplinaire du médecin au Maroc : insuffisances et défaillances d'un système." Perpignan, 2004. http://www.theses.fr/2004PERP0601.
Full textThe law of the medical responsibility in Morocco holds a considerable retard; this is basically due to the absence of any recent jurisprudence on the matter and due to an obsolete medical Code of ethics which remains unsuitable to the actual realities of the country. This failure of the system has a consequence of no protection to the patient's rights. The legal insecurity seems to be the rule
Elhorre, Abdelilah. "Responsabilité pénale du commissaire aux comptes dans les sociétés commerciales en droit marocain et en droit français." Perpignan, 2012. http://www.theses.fr/2012PERP1103.
Full textAl-Kandari, Fayez. "Le contrat médical en droit français et koweitien : étude comparative." Strasbourg 3, 1996. http://www.theses.fr/1996STR30018.
Full textNo one can object that there exist a "medical contract", this contract could be formed between a patient and a liberal practitioner. But when should this contract exist? What are its legal consequences?. Throughout a comparative study, my thesis tends to answer these questions according to the civil law in france and kuwait. It is composed of two major parts, in the first part, i have studied the formation of the medical contract. The conditions of the contract validity that are related to both parties have been the subject of study in the first titre. Both the patient and the practitioner should issue a liberal and clear consent(chapter I), they should have a legal capacity (chapter II). The second titre has been dedicated to study the conditions of the validity of the contract itself. The contract should have both licit object (chapter I) and cause (chapter II). In the second part of my thesis, i have studied the contents of the medical contract. The first titre discussed the obligations of the practitioner; along with the principal obligation to provide the medical treatment to the patient (chapter1), certain obligations, considered as accessories, are imposed on the practitioner (chapter II). The patients obligations have been the subject of study in the second titre; the patient is obliged to collaborate with the practitioner (chapter I) and to pay the full fees (chapter II). Prior to the study of the medical contracts formation and contents, i have tried to draw the attention on a part called the preliminary part related to the existence of the contract. Theis part studied the recognition of the contract in the french and kuwaiti law (chapter I), its legal characteristics and nature (chapter II), and the importance of its existence (chapter II)
Jahier, Serge. "Responsabilité comparée des acteurs du procès : éléments d'une théorie générale." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1085/document.
Full textAs all legal professions are subject to detailed studies in regards to their respective liabilities, this thesis brings a new approach to these studies. The aim of this research consists of comparing through a global and original view, the liability of magistrates, lawyers and court bailiffs. This comparison allows us to observe that the common right of civil liability shows some difficulties to understand the mission of each legal job profession, paving the way of deontology as a new element of liability. Likewise, this analysis can highlight the unifying effect of trials and proceedings on each liability regime. Thus, whether it is about the fault, prejudice or the causal connection, the trial “shapes” those liability regimes the same way, yet fundamentally different, letting emerge not the compared liabilities within the trial, but the actors’ liabilities of the trial
Remy-Gandon, Solen. "La responsabilité complexe résultant de l'exercice pluridisciplinaire de la médecine : pour une restructuration de la responsabilité médicale." Paris 1, 2006. http://www.theses.fr/2006PA010302.
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