Dissertations / Theses on the topic 'Responsabiliy'
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Naoui, Said. "Obligations et responsabilités de l'avocat." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND005/document.
Full textThe history of lawyers is a history marked by changes and renovations. It focuses on the transformation of society. The profession of lawyer reflects the reality of society. It is the image of a modern society and in the same time of an archaic society in which the lawyer defends the honor, dignity and human life. Initially, the lawyer was bound by an obligation of means, to deploy appropriate means to defend the interests of clients. But henceforth with the scientific progress and like other professions, such as medicine, the lawyer has to upon to assume more tasks specified particularly for the preparation of acts which must provide legal certainty to the document he writes, otherwise he shall be liable to the client. Obviously, the lawyer held today, a double duty, it means to defend the interests of its clients from various jurisdictions on time in force and the procedure, in addition to that of result for legal activities that are devoid of any hazard. The nature of these obligations has a shift of responsibility of the lawyer in the triple aspects: civil, criminal and disciplinary. The analytical study of the nature of the obligations of the lawyer, obligations of means and obligations of result and impact on the responsibility of the civil, disciplinary and criminal lawyer has led us to several specific conclusions. The responsibility of the lawyer under an obligation of means rests on the client to demonstrate the failure of his attorney. However, it is bound by an obligation of result, its liability is assumed. Indeed, there is a direct impact on the nature of bonds the burden of proof. Subsequently, the theory of obligations of means and obligations of result is normal to a contract, but it would be anomalous in the criminal field. If the unit of responsibility takes shape in the idea of breach of an obligation, there are special techniques that the judge should take into consideration. It is not irrelevant that the obligation is intended or created by the parties to obtain a particular satisfaction, or it predates all legal relationships, forcing the individual to direct all men composing the company or only part of them. The term obligation, as does "commitment made" or "direct coercion" appears to have a variable content. While no specific legal reasoning allows excluding tort the scope of the theory of obligations of means and obligations of result, but the fact that for centuries the two responsibilities are opposed, was born on feeling the content of the non-contractual obligation could not be analyzed as conventional duties. However, we cannot reconcile the theory of obligations of means and obligations of result of extra-contractual liability. Because this theory cannot be figured in contractual matters. As a result, introducing the theory in the field of non-contractual liability arises from confusion between levels of responsibility, their own logic and their legal systems. Also, the lawyer may commit offences or fail to meet its ethical obligations in the exercise of the profession. These offenses or violations have an impact on his responsibility and that can have an impact on his career and professional future
Mastagli, Julien. "La responsabilité pénale de l’employeur." Thesis, Université de Lorraine, 2019. http://www.theses.fr/2019LORR0334.
Full textEmployer criminal liability: what for? Why has the lawmaker supplied labor law, as a field of law, with criminal norms for a long time? What is the purpose of such liability? What do the employees expect from it? These questions are full of careless assumptions likely to create optical illusions. This notion of employer criminal liability appeared only recently, since such terminology has been enshrined in 2008 with the labor law codification. Before, it was a company manager criminal liability. Are these two notions synonym? Not at all. The company manager is a natural person, leading an organization or an institution. The employer is either a natural or a legal person, party to the employment contract. The employer is entitled powers at the basis of their liability. The logic that concerns the company manager is other. More generally, how may the employer criminal liability be seen? This vision cannot be neither consistent not unequivocal, because of the deep evolutions that occurred. This criminal liability was originally developed according to a model created in the context of the 19th century industrial revolution and the enshrinement of the first social laws. This model has both criminal and civil liability mechanisms and its own mechanism, which contributes to the autonomy of the model. It was built on a common ground: the figure of the employer. This model has been someway questioned for some years now, because of the illegibility of its sources, the complexity of its proceedings, the law rate of convictions, and its incompatibility with general principles of criminal law along with its inability to seize neither the power issue within the company nor the relationship between businesses. On the way, the paradigm seems to fall into crisis. That is when employer criminal liability struggled its way to an emerging alternative model. This alternative model is hemmed both from a reshaping of the power within the company and the reconfiguration of the imputation link, driven by the goal of a better labor law effectiveness, as at its origin. Emphasizing this change implies unfolding - without being dogmatic - the question of the labor criminal law functions - and through it, the employer criminal liability. By a folding and unfolding trend, the peculiarity of this liability will be highlighted, that is its own function, with respect to other ways of imputation, in terms of working relationships. Where does the criminal liability fits in this field of law, with respect to the other systems of liability? Does it have some specific role to play? If so, which one(s)? On these answers depends the sense - or the nonsense - of the employer criminal liability
Gasbaoui, Julien. "Regard juridique sur les documents comptables." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1016.
Full textAccounting records hold a central place within the framework of business life. For a variety of reasons, it is interesting to consider these accounting records within the legal scope. First of all, the drafting of these documents is subjected to a special regulation which keystone is to present a true and fair view of the accounts. The person drafting the accounts should always keep in mind this purpose and the necessary readability of thesaid documents. This aim can sometimes lead this person to depart from the accounting rule. This originality of the implementation of the accounting rule has to be coupled with an originality of the subsequent accounting qualifications. The rights and obligations drawn up within the accounting records are subjected to a reading grid which goes beyond the classical legal categories. This specificity is opening new horizons to the legal expert and leads to a reconsideration of the traditional understanding of the accounting activity. This interest is strengthened at the time of the receipt of the accounting documents which suggests questioning ourselves about the effects of the latter. On the one hand, which is the legal force of an accounting record, in other words, what is its probative force? Can an accounting record be qualified as a legal transaction or perhaps even more as a unilateral contract? On the other hand, what are the traditional functions of the aggregates revealed by the accounting documents? Should these traditional functions be challenged by the IFRS standards? Finally, which sanctions are foreseen as to accounting documents?
FERRI, LAURA MARIA. "Gestione Responsabile degli Acquisti: le determinanti dell'integrazione della Responsabilità Sociale nelle relazioni di fornitura." Doctoral thesis, Università Cattolica del Sacro Cuore, 2009. http://hdl.handle.net/10280/481.
Full textThe thesis is aimed at examining the determinants of the Responsible Procurement Management. In particular, attention has been focused on understanding what factors – internal and external the organization – affect the decision to integrate corporate responsibility into the management of global supply relationships. The first part presents the developments that led to the concept of Responsible Procurement Management. In particular it discusses the new challenges in the global context that have increased the attention towards the social and environmental implications of extended supply chains. Then, it proposes the definitions of Responsible Procurement Management in literature and the emerging strategic approaches. Finally, the research hypotheses are introduced. The second part presents the research project aimed at verifying the hypotheses previously discussed. It begins by describing the methodology, then it moves to the discussion of findings in order to understand whether gathered data do support or deny hypothesized determinants.
Mangiarotti, Marco. "Responsabilité, fortune morale et causalité physique." Thesis, Paris 4, 2016. http://www.theses.fr/2016PA040046.
Full textMy thesis develops the problem of the compatibility between moral responsibility and the physical causation of human decisions. This problem is dealt with the supposed relevance of two different conditions of responsibility: the power to choose otherwise and the control over the source of behaviour. The alternative-possibilities condition is examined by reference to the Frankfurt-type examples, while the source-condition is supported by the manipulation examples. My analysis rejects both of those argumentations. The examination of P.F. Strawson’s and J. Feinberg’s works show, in my opinion, that it is impossible to define the conditions of responsibility without embracing some sort of normative ethical theory. So I came to analyse the notion of moral obligation and finally I propose a contractualist approach, based on the works by T.M. Scanlon
Bousquet, Jérémy. "Responsabilité contractuelle et responsabilité extra-contractuelle en droit administratif." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD007.
Full textEven today, the contractual and extra-contractual liabilities differ because of their regime and they are considered as two different orders different from the public responsibility, The coexistence of such duality in administrative law involves certain practical difficulties as for the choice of the regime to be applied to such or such dispute because exist some situations where the question of the foundation of the indemnitaire action is not firmly solved and gives way to uncertainties and ambiguities. It is essential to remedy it because of the unsatisfactory consequences which they can take in particular on the requirement of legal security. This necessity is particulary true as the state of the law is rich in situations of interaction between liability regimes all the times when can overlap the domain of contractual liability and that of the extra-contractual liability. The borders between liability schemes seem so porous and unstable. Many hypotheses be classified cannot without hesitation in the one or other one of the domains of responsibility so that certain contradictory case law solutions can appear: in front of the necessity of opting for a liability scheme, the courts have to choose, sometimes artificially, a liability scheme, solutions subject to criticisms.These problems bound to the existence of a duality of regime demonstrate the importance to specify and to plan upstream the liability scheme applicable to every dispute and invites us to question us about the current situation of the duality in public law. It is advisable to resist the temptation to establish a unification of the regimes of the contractual and extra-contractual responsibilities which would seem artificial, to prefer a work of demarcation, more coherent and satisfactorier, of their respective domain with regard to certain concerns: legal security, equal treatment, but also respect for the held commitment and for the specificities of the contractual regime. So, the research for an extension of the domain of the contractual liability to all the harmful situations intervened on the occasion of the execution of a public service contract should allow to reach such goal
Abdou, Souna Hamidou. "L'obligation au tout pesant sur les coresponsables." Grenoble 2, 1999. http://www.theses.fr/1999GRE21022.
Full textPrigent, Stéphane. "L'engagement pour autrui." Rennes 1, 2001. http://www.theses.fr/2001REN10402.
Full textMarcellin, 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 textSbaiti, 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
Bigenwald, Wilfried. "La responsabilité des ordres professionnels du fait de leurs membres : fondement et régime." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1039.
Full textThis thesis stresses the importance of professional orders, which are legal guild institutions present in certain professions. All members of a profession regulated by a professional Order have the obligation to join the Order. Professional Orders aim at setting the ethics of the profession, which constitute a true disciplinary law. The "Conseil d'Etat" acknowledges that they perform a public service task and are granted powers of a public authority for the purpose thereof. Ethics ensure that the professional practice meets its end. As a consequence, compliance not only is necessary for professionals but also for their clients or patients as well as for third parties. The existence of the professional Orders are derogatory from general law that prohibits mandatory guilds and groups except when it comes to legal persons of public law. As they are guilds, their legitimacy is disputed. Professional Orders are not directly controlled by the State or by third parties who are nevertheless affected by their activities. To make them liable their members' actions (by rebuttable presumption of fault) would allow strengthened judicial review of their action. The purpose is to verify that this action actually pursues the end that is assigned to it: professional ethics, in the interests of third parties and of the common good
Bottet, Fabienne. "La prise en charge du risque thérapeutique." Bordeaux 2, 1997. http://www.theses.fr/1997BOR2M107.
Full textYazdanian, Alireza. "Les conditions traditonnelles de la responsabilité civile et des évolutions contemporaines : approche théorique et pratique." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D031.
Full textThe law of civil liability is like a stage of a theatre showing social evolutions. The notion of compensation has always existed, but this discipline of law has always been subject to evolution. Even when the legislator is fixed and there is no change, the doctrine and jurisprudence on the subject are not fixed. For example, in 1804, the French legislature has allocated five articles to tort liability for the traditional society which was little mechanized ; but the society has evolved and our society is a technological and accidental society. Despite the absence of any change in the law, the doctrine and jurisprudence have led to a lot of legal evolutions. These developments are sometimes minor and sometimes fundamental. In fact, these developments have changed the conditions of civil liability. Traditionally, the conditions for having civil liability considered to be damage, injurious act and causal link. In the light of these developments, today there is an upheaval on the basis and conditions of civil liability. Damage as one of the conditions of civil liability, traditionally viewed as individual. Also it was divided into two kinds of damage : pecuniary damage and non-pecuniary damage. But in our time, and with the contemporary developments, sometimes the damage is collective and new categories of damages, such as ecological damage and bodily injury have been emerged. It seems that in the future, one can see the responsibility without harm. Today, the foundation of civil liability is also changed. Traditionally, the main foundation of civil liability has been the theory of fault. Besides the traditional theory offault, one can see other new foundations like the theory of the risk or the theory of guaranteed or the theory of obligation as to safety. Thus, the strict liabilities have been increased and the subjective notion of fault has been replaced by the objective notion. Another condition of civil liability, that is, the existing of causal link has also changed. Sometimes there is the presumption of a causal link. It is likely that in the future, the need for the presence of causal link become weak. Another change can be seen in the function of civil liability. In the past, the main function of civil liability was the restorative function. But today the liability has tree functions : the restorative, preventive and repressive functions. This is why contemporary developments have influenced the traditional conditions of civil liability
Diop, Abdou-Khadre. "Notion d'Etat en droit international et en droit européen : de l'impossible approche conceptuelle à la nécessaire approche fonctionnelle." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0618/document.
Full textExtending from the intuition that the concept of State in international and European law revealed various components, it is demonstrated that such intuition reflects the reality. Indeed, from one branch of another, we realize that the different legal orders we study, reflect a multiform face of State, a variable geometry. In exploring rules for imputation, rules for express the consent of State and rules allowing to link an entity to State, we have to admit that the concept of State can be defined through organic, material or factual criterion. Beyond this variability, it is appropriate to search the functional unit of the concept of State. We come therefore to the conclusion that the function of the concept of State is to serve the international and European legal orders requirement. The concept of State is used to serve a fixed objective, what explain his variable geometry. Thereby, our thesis is striving to demonstrate unity in diversity. It includes a theoretical proposal which is “the functional State” as watermark. “Functional State” is from our perspective an entity which is not State by statute but is State by functions. We target certain federal entities (such Belgium one’s or Quebec in Canada) and certain secessionist entities (as Turkish Republic of Northern Cyprus) or terrorist group (as Islamic State). This theoretical proposal does not extend to recognize such entities as States, but just to consider them as States on an ad hoc basis in the purpose to apply effectively and fully the international or the European norm
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
Chastagnaret, Manuel. "De la responsabilité fiscale : responsabilité de l'administration fiscale et responsabilité solidaire des tiers." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32050.
Full textAssimopoulos, 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
Kozar, Eric. "La responsabilité infirmière : revue de 80 arrêts de jurisprudence." Lyon 1, 1992. http://www.theses.fr/1992LYO1M237.
Full textAggar, Samia. "La responsabilité de proteger : un nouveau concept ?" Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0434/document.
Full textInternational responsibility is a set of consequences connected to the violation ofinternational obligations, this being the legal ties which bind a subject of international law toadopt a defined way of behaving towards another or others or to abstain. If there is illicitconduct the International Community can intervene, which is often named “right ofintervention”. The latter hasrecently developeda new terminology introduced in the (ICISS)report: “responsibility to protect”. It is a concept according to which the sovereign states havethe obligation to protect their own populations against large-scale catastrophes.From theperspective of going beyond the opposition between sovereignty and intervention we willanalyse the behaviour of the International Community faced with the “responsibility toprotect”, its incumbent role when the state fails in its obligations.Aside from its creators itremains to be seen who will benefit from this protection, its implementation and its limits. Ifthe notion of the “responsibility to protect” not only constitutes new terminology, does itchange an issue already raised by the “right of intervention”: military deployment with aimswhich are not purely military?
Portes, Rémi. "Le sport amateur et le risque." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10049/document.
Full textAmateur sport, in our modern societies, is getting more and more important in everyday French life. Around 17 million of French people are members of a sport club or a federation and more than 45 million declare to practice a sport at the minimum once a week. Even so it has become a social activity, sport remains a risky activity. In this way, sport can makes damages; special mechanisms of responsibility and insurance were built to guarantee an effective protection of the sportsman, especially the amateur. In this idea, law created juridical norms to inform, to lead, to manage, to punish, if necessary, the sport practice. From this point of view, the responsibilities, their determinations and their applications, made the sport actors to question their selves about the risks due to their activity. The risks arising from the practice of the activity, from the equipment and from the behavior of the sportsman. In addition, if a certain acceptance of the risk-taking could be materialized, this notion does not seem to have the favor of the jurisprudence. Coupled with the state organization of sport, the private relations through the contract are no matters to be neglected. This legal mechanism is part to the amateur sport and makes possible to manage effective relationships between its players. This was the case with the emergence of sport economy which has considerably developed the contracting practice. Therefore, thanks to the simplicity of creation, the contract will be an efficient way to organize on the whole the relations between the players of the amateur sport. It will enable the sportsman to appreciate, in a clear manner, the dangers from the activity and the risks he will take. In this case, the contract remains an effective way to inform a “clear” practice of the amateur sport
Guillemain, Caroline. "Le trouble en droit privé." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40026.
Full textHourcade, Eric. "Aspects de l'évolution de la responsabilité judiciaire et disciplinaire du médecin généraliste." Bordeaux 2, 1999. http://www.theses.fr/1999BOR2M060.
Full textBonora, Stefano <1978>. "La responsabilità del socio gestore di Società a Responsabilità Limitata." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/4128/.
Full textPortefaix, Aurore. "Essai sur la responsabilité du salarié." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10055/document.
Full textThe matter of employee's liability still remains essential. Because of the subordination underlying paid labor, some adjustments seem necessary to set up the worker's relationship with his employer and a third party. Two main ideas rule the worker's liability. First, a protectionist point of view, allowing the employee to shield him from common-law. Organizing the worker's protection is commanding and its goal is to bring in balance the work contract. To be effective, this shield needs to have immunity through a legal source and a case law. This protection, however, isn't unerring. Some behaviors justify the reappearance of common law and the penal and civil sanction of the employee. Second, this protection gives rise to a question: what about compensating the damages the employee may have caused while working. First of all, this protectionist's logic doesn't seem to function well. By ignoring the common law, we rob the victim of a debtor. Let's not forget about the vast diversity of techniques that the law offers, which also provides efficient reparation. Efficient though, this kind of logic is not absolute, it has its limitations that we won't be able to adjust, and these limitations will leave the victim with no compensation
LI, YUAN. "RESPONSABILITA' DI GOVERNO." Doctoral thesis, Università Cattolica del Sacro Cuore, 2012. http://hdl.handle.net/10280/1649.
Full textHow does the internal institutional structure affect government performances in autocracies? In this paper, we focus on modern China, trying to explain what the mechanisms are that might induce an autocratic government to adopt congruent policies. Although there is no party or electoral competition, the leader worries deposition by coup d état by the selectorate and revolutionary threats from the citizens. We build a three players political-agency model, with the leader being the agency, the selectorate and the citizens being the principles. The effectiveness of the selectorate and the existence of revolutionary threats are two factors determining the outcomes. As the size of the selectorate and the willingness to revolt vary dramatically across countries, different types of autocracies arise, with some being kleptocraitc and some being accountable.
Bonnemaison, Jane-Laure. "La responsabilité juridictionnelle." Thesis, Metz, 2011. http://www.theses.fr/2011METZ005D/document.
Full textLegally, responsibility is defined as the ability and the obligation to answer for one’s actions and bear the consequences; in practice, establishing responsibility has two separate aims: the compensation of a loss and the sanction imposed on the party having caused the damage. We will observe that legal responsibility systems have been designed and organised for both purposes. These systems provide for the compensation of “damage caused by the defective functioning of justice” and/or the sanction of a judge personally at fault. However, recognition of the responsibility of the jurisdictional function itself remains vague, and can still be a taboo in the face of the traditional hue and cry it triggers, which mainly result from the safeguards attached to the jurisdictional office and the very quality of the jurisdictional act. Although the jurisdictional function itself contains a “risk factor” – legal hazard – one also has to admit it is sometimes exercised in ignorance of objective law. This is a reality which has been underlined by the European Court of Human Rights, among others, and which is surely detrimental not only to the parties involved, but also to the community as a whole.Therefore, admitting that “judgement may be passed and disputes settled” while – rather rarely, but definitely – ignoring the right to see the law obeyed raises the question of adding the sanction of a responsibility borne by the jurisdictio to the systems currently in use. So without questioning the validity of the judgement itself, we would have to establish to what extent and under what terms the judge’s responsibility might emerge. Such responsibility would indeed be jurisdictional
Grapin-Dagorno, Christine. "La responsabilité chirurgicale." Paris 8, 2000. http://www.theses.fr/2000PA081765.
Full textVillard, Sophie. "Éducation et responsabilité." Toulouse 1, 2001. http://www.theses.fr/2001TOU10044.
Full textThe connexion between education and responsability is narrow. The educator's responsability can be civil, administrative or penal
Bertol, David. "Famille et responsabilité." Bordeaux 4, 2006. http://www.theses.fr/2006BOR40040.
Full textThe family not being a juridical entity distinct from its members, the family responsability is first of all the responsability of the individual who is in charge of it. Besides, the International Convention relating to the child' s rights describes the extension of the concept of responsability in its article 18, that being the educational responsability. The responsability appears then, not only as an instrument of compensation or of sanction, but also as a counterpart of a dependent, a function. The family assigns to some of its members a real "mission", a family duty. This responsible individual can only be one of the "active" members of the family, one of the parental couple members. As well it is true that if the family is born with the child, it lives by the parents. Therefore, will be considered all hypothesis in which the family is concerned as being responsible or victim of her members. At the stage of the contribution, the family patrimony will support the final payment of the compensation debt, and so will appear as an indirect responsible through the rules of the family contribution. In this way, we passed from a family responsability to a responsability of the family
Chatelain, Magali. "La responsabilité environnementale." Montpellier 1, 2003. http://www.theses.fr/2003MON10025.
Full textAlves, Jennifer. "La responsabilité environnementale." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01E024/document.
Full textThe aim of this thesis is to demonstrate that the strengthening of the environmental institutions enforces environmental responsibility. If institutional changes are setting up to promote environmental responsibility, then a co-responsibility takes form making environmental protection more efficient and more effective. Given the extent of environmental degradation and their consequences, environmental liability bccomes a panacea to the ecological crisis. The notion of sustainable development echoes to it. however anchoring in a larger dynamic. The concept ofsustainable development comes at industrial level by the corporate social responsibility. lt is clear that the answers given by the institutions and the industrial segment fall far short of responding to the environmental challenges. Historically, regulatory instruments have been mobilized to deal with irreversible damage. The recent issue of emission permits still experiences difficulties. Despite the European theoretical and empirical evidences, French ecological taxation doesn't comply with the economic recommendations. The reasons for these failures depend on the difficulties of acceptability. These considerations lead us to rethink the patterns of state intervention in environmental. The contribution of this thesis is to propose the establishment of new institutional arrangements based on the establishment of environmental institutions which have capacities of expertise, enforcement and compliance
Castillon, Estève Christine. "Les responsabilités de l'ophtalmologiste dans ses activités." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10004.
Full textThe ophtalmology has very old history; it's recently appeared like a speciality because of the technological revolution. The specificities of the discipline are applied only with medical devices and are connected with the peculiarities of this organ ; the eye is manager of the visual function. But do they justify a particular treatment of the ophtalmologist responsibility? It's a medical, surgical and functional discipline which opens so many medical responsibilities. Answers to repair the ophthalmologist intervention damage are examined face to causality, the loose of lucky often reduce it. The original fact obeys to the usual qualifications, but the incidence of the default product is particular next to the fault, the hazard and the hospital-borne infection. Qualifications limit differ with the time and play with a certain ambiguity to create so many process for the ophthalmologist. The practicing context and the consumer society development m odify the case law which doesn't miss and are of the origin of an Act. The recent cases laws completes changes, particular for patient information, are to the origin of the Act of 4 March 2002 and show a modification of the patient doctor relation. The Act creates reconciliation and compensation board which transcend judicial and administrative ways without deleting them. Those last one are open to the visual damages. The seriousness criteria linked to access and national solidarity increase problems around the eye by a only arithmetical fact. In my opinion, these different authorities don't take care about the particularism of exercise but integrate their arguments into common law
Courtiau, Marie-Noëlle. "Responsabilité contractuelle et inexécution : (pour une autonomie de la responsabilité contractuelle)." Paris 1, 2001. http://www.theses.fr/2001PA010260.
Full textDubois, Charlotte. "Responsabilité civile et responsabilité pénale : à la recherche d'une cohérence perdue." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020066.
Full textStudying two separate disciplines, such as Civil and Criminal liability, it would not be expected to find any interactions between them: Civil Law repairs the damage caused to private interests; while Criminal Law punishes, thereby ensuring public interests. These differences in purpose justify a hierarchy of disciplines resulting in the supremacy of Criminal Law over Civil Law. However, it will be shown that the legislature and the judge are going in the wrong direction by considering that there is a difference of degree between Civil Law and Criminal Law where there is actually a difference in nature. This incorrect assumption has given rise to a widespread confusion where each discipline takes ownership of the considerations of the other: Civil Law becomes punitive, while, at the same time, Criminal Law becomes increasingly compensatory. The present work aims to denounce a double danger: first, Criminal Law abandons its protective function of public interests when it attempts to repair purely individual damages; second, a punitive Civil Law, detached from the fundamental safeguards that are attached to criminal matters, may prove to be a threat to individual freedoms. This cross-movement between the two disciplines jeopardizes the consistency of their respective systems: reciprocal influences must be revealed in order to better understand the weaknesses of legal liability and to propose remedies that ensure a consistent and complementary arrangement of legal rules
Coz, Jean-Marie. "La responsabilité médicale en matière d'intoxication éthylique aigue͏̈ : à propos d'une série de cas." Bordeaux 2, 1993. http://www.theses.fr/1993BOR2M052.
Full textCarreira, da Cruz Marc-Antoine. "La contribution de la standardisation à la cohérence entre la responsabilité sociétale des entreprises et l’espace normatif de l’OMC en droit international." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0035.
Full textIn a global world, regulate social responsibility (CSR) at international level is a major challenge for States. Framework of traditional international law seems powerless. Regulate CSR requires to cope with many institutional and material difficulties. In competition with new non-legal norms, dependent on the will of States, traditional international law instruments seem ill-suited to address this situation.In front of these disarticulated and scattered attempts, the international market finds its legal translation in a broad, integrated, normative space, with an effective power of constraint: the WTO. Between the international regulation of CSR and the world trade rules world the gap t is considerable and the dialogue is weak. This PhD thesis aims to draft a rebalancing trail through an understudied tool: standardization. Ttechnical standards have have a huge and unique potential. As soft law instrument, it is emerging as a key instrument for both international market and the regulation of innumerable technical dimensions of CSR. It seems best able to escape the constraints facing classical international law instruments to contribute to greater coherence between the social responsibility of corporations in international law and the WTO field
Kim, Young Geol. "Levinas : une éthique asymétrique de l'autre horizontal." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAC008/document.
Full textIt is, according to Levinas, dismantling the condition of being. Insofar as the relationship between self and the other is asymmetrical and not reciprocal, the subject leads a true life. The true life lies in living for the other and supporting all the others. The responsibility is exclusively bestowed upon the self. The self is therefore responsable for the other without anticipating reciprocity. This is the conversion towards the ethical subject that Levinas demands. The ethical self, before it becomes a "being", has to seek the meaning of life through human relationships questioning the right to "being". The purpose of this is for the true life and ultimately the true peace
Mel, Emmanuelle. "Le statut de l'infirmier en droit." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0056.
Full textFormerly « simple nursing » and now « simple performing », the nurse gradually acquire rights and duties comparable to those of many medical professions. However, in recent years, the service has evolved to the point that nursing, which cater to patients all different from each other, now have an own coherence, real autonomy. Thus, the issue of the legal status of the nurse present, it seems to us a real interest. The object of the profession, his character complex, as well as its growing development necessitate a comprehensive review of the rules of law that govern, relying particularly on the most recent jurisprudence. Nursing law, or can we say « the right nursing », is a matter evolving contours are yet to be clearly defined. It is precisely because we are on the threshold of a new era for the profession that it is useful to take stock, to measure the efforts already made, the long way left to go and analyze the main rules governing the intervention of the nurse
Dumoulinneuf, Sandrine. "Evaluation a priori des impacts et performances d'actions proposées dans le cadre de la démarche de responsabilité sociétale d'une entreprise de distribution." Thesis, Saint-Etienne, EMSE, 2014. http://www.theses.fr/2014EMSE0735/document.
Full textThe development and internationalization of retailers whose success is based on new sales techniques on a mass scale at low prices were accompanied by an awareness of the social and environmental impacts of these activities. Meanwhile, the emergence of the concept of corporate social responsibility encourages companies to contribute to sustainable development goals. Thus, corporate social responsibility (CSR) approaches are implemented by a growing number of companies, including retailers, to integrate these issues into their business model.But how to evaluate the relevance of the actions against retailers' CSR issues? How to assess their contribution to companies' CSR goals? How to assess the multiple potential positive and negative effects of actions that are initially proposed to reduce one specific environmental impact? How to account for the multitude of stakeholders and issues, sometimes difficult to quantify, subject to uncertainty and changing over time? Despite the numerous existing methods, they do not adequately enable the identification and the assessment of these issues.Conducted within the Environment Department of a multinational retailer, this work tries to overcome these limitations by providing a methodological approach for a prior assessment of social and environmental impacts of actions both qualitatively and quantitatively on the basis of issues listed in the ISO 26000 standard. To identify the limitations and benefits of this approach, it was tested on actions aimed at remplacing commercial refrigeration equipments
Ducharme, Théo. "La responsabilité de l'Etat du fait des lois déclarées contraires à la Constitution." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D022.
Full textThe responsibility of the State for unconstitutional statutes, which is among the last islets of sovereign immunity, is about to be enshrined in French law. The flourishing of a constitutional mode of parliamentary sovereignty as expression of the general will, completed by the entry into force of an original form of indirect concrete review of parliamentary legislation -the so-called "priority preliminary ruling on the issue of constitutionality" (Question prioritaire de constitutionnalité) -, led the Paris Administrative tribunal to recognize a legal remedy allowing the compensation for damages resulting from the application of an unconstitutional statute. Indeed, by virtue of the constitutional principle of responsibility, which the Constitutional Council has derived from article 4 of the Declaration of 1789, the State is held accountable for the unlawful acts committed by its legislative body. In this kind of situation, if an act cannot be considered "unlawful" on the basis of the State's responsibility because of laws that disregard France's international commitments, it can always be so on the basis of the responsibility of the State for unconstitutional statutes. The constitutional principle of responsibility, as a legal basis, constitutes a norm that confer power to the administrative judge to qualify the unconstitutionalities pronounced by the Constitutional Council as a fault of a nature to engage the responsibility of the State. The parliamentary legislation is no longer this indisputable and uncontested act. From now on, any irregularity in a legislative provision can justify engaging the responsibility of the State
El, Amrani Myriam. "L'appréhension du droit des personnes handicapées." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10047.
Full textThe study of the legislative package admitting rights to disabled persons shows that law comprehends the disability through, on the one hand, a right of protection and on the other hand, a right of set off. The legislator organizes a right of protection limited to the disabled persons. On the one hand, the legislator has put in place actions to ensure the protection of vulnerable disabled persons and their assets, thus setting the conditions of the protection as a position of vulnerability. On the other hand, the legislator has put in place a specific protection for mentally disabled persons with a liability regime adapted, setting the conditions of the protection as full or partial discernment disability. Unlike the criminal liability regime that organizes an effective protection for persons with mental disorders, the civil liability regime neglects henceforth this protection in favor of compensation paid to victims. In parallel to this limited protection right, the legislator has put in place an actual right of setoff for disabled persons adapted to the need, the expectations and the choices of life of each disabled person. The law n° 2005-102 of February 11th, 2005 for the equality of the rights and the chances, the participation and the citizenship of the disabled persons, clearly allows a real way forward as regards to the compensation of consequences due to disabilities, however the reinforced legislation and its implementation stills show some gaps that must be filled
Djaballah, Mathieu. "Une approche sensemaking de la responsabilité sociale dans le secteur de l'événementiel sportif." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA113003.
Full textSince the early 2000’s, corporate social responsibility (CSR) has gained a growing interest in the sport management literature. It seems clear that CSR takes very particular forms in this field. This doctoral research more specifically deals with sporting events. Sporting events appear to be influenced, like other sport organizations, by two sets of determinants (Babiak & Wolfe, 2009), namely “unique internal resources” and “strong external pressures”. This work views sporting event’s social responsibility as a “black box” which the researcher has to open in order to understand how the different stakeholders make sense of it. It therefore aims two objectives: (1) to analyze the strategic sensemaking process (Thomas, Clark & Gioia, 1993; Selsky & Parker, 2010) of two main sporting events’ stakeholders – corporate sponsors and local governments; (2) to account on how the various stakeholders influence the collective sensegiving process (Gioia & Chittipeddi, 1991; Maitlis, 2005) resulting in social responsibility actions. This research is structured around three studies. The first-two are based on semi-structured interviews with corporate sponsors (N=23) and local governments (N=23). The third is composed of four case studies combining semi-structured interviews with sporting events organizers and their main stakeholders (N=27), on-site observation and document analysis. The results identify several levels of ambiguity which mark the sensemaking processes of both stakeholder categories. Concerning corporate sponsors, these levels include positive and negative perceptions about the link between sporting events and social responsibility, perceived links between sporting events’ social responsibility and their own CSR, perceived focus of social responsibility actions as well as perceived links bewtween these actions and their strategic objectives on the event. Concerning local governments, these levels include positive and negative perceptions about sporting events’ social impacts, perceived controllability of these impacts and perceived links between sporting events, the social aspects of global sport policies as well as environmental policies. For each of these actors, combinations of the various levels of ambiguity lead to the development of social responsibility strategies during the events. Case studies show that sporting events can be placed on a continuum between “constained” and “not-constrained” sensemaking depending on the origin and intensity of sensegiving activities. Constained sensemaking occurs when organizers conform to the sense imposed by stakeholders. It seems to be associated with moral legitimacy, a low strategic level and a “do no harm” praxis. Not-constrained sensemaking occurs when organizers keep the control of the sensemaking process. It seems to be associated with pragmatic and cognitive legitimacy, a strong strategic level and a “do good” praxis
Fortat, Nicolas. "Autorité et responsabilité administrative." Thesis, Tours, 2011. http://www.theses.fr/2011TOUR1003/document.
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Benoît-Renaudin, Cécile. "La responsabilité du préposé." Paris 1, 2008. http://www.theses.fr/2008PA010271.
Full textMizzi, Alexandra. "Subjectivisme et responsabilité civile." Toulouse 1, 2005. http://www.theses.fr/2005TOU10007.
Full textSince centuries, the lawyers wonder about the definition of the term "person", this entity sometimes to be of flesh and blood, sometimes fictitious. It is however a certainty, the person has a real dimension, given : the human person and a fictitious dimension, built : the subject of right. This dissociation between the concept of subject of right and that of human person appears at the time of the study of the civil liability. Indeed, the civil liability is a relation linking two or several people, one author of a damage and the other victim of its intrigues. In spite of a certain unit, the mechanism has a double nature, the civil liability being in certain for its aspects an intersubjective relation and in others an interpersonal relation linking two human people. This duality characteristic of the civil liability makes it possible to better understand the current evolutions of this institution. The personal dimension of the civil liability translates the great favour of the judges with respect to the victim, subjective dimension as for it reveals, moreover, the countable dimension of the civil liability
Mounier, Céline. "La responsabilité au travail." Marne-la-Vallée, 2000. http://www.theses.fr/2000MARN0083.
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
Edon-Lamballe, Carole. "Conscience et responsabilité civile." Le Mans, 1999. http://cyberdoc.univ-lemans.fr/theses/1999/1999LEMA2001.pdf.
Full textSchaegis, Chrystelle. "Progrès scientifique et responsabilité." Paris 13, 1995. http://www.theses.fr/1995PA131003.
Full textThe recent enforcements of the law of administrative responsibility, mainly as regards the medical cases, have raised a series of questions about scientific progress. Nevertheless, the study of both terms reveals their old and continuous interaction. The latter takes place, first, at the epistemological level. In effect, the responsibility constitutes the corollary of the administrative action, which takes part in the promotion of the scientific progress by publics authorities. In this context, the traditional representations of responsibility seem improper : one has to substitute a approach of the legal mechanism for the solidarist explanation. The representation of the responsibility, placed in the context of the global administrative action, becomes utilitarist. In other respects, the scientific progress pervades mechanisms of responsibility themselves : the judge often transposes the evolution of knowledge in the definition of damage injurious act, and the establishment of the causality link. He has also recourse to expertise for treating the damages. The study of the scientific progress' impact on the administrative responsability allows us to underline evolutions, but from both an external and an internal point of view. This receptivity of positive law to the scientific progress leads naturally to a reflection on the progress of the law of responsibility. But within the pragmaticist representation which should dominate the topic, such a progress is not noted in the capacity of the systems of responsibility. .
Vignon-Barrault, Aline. "Intention et responsabilité civile." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2003.pdf.
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