Dissertations / Theses on the topic 'Statut juridique de l'étranger'
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Trova, Hélène. "Le statut juridique de l'action culturelle et linguistique de la France à l'étranger." Paris 2, 1990. http://www.theses.fr/1990PA020048.
Full textOver a long time, france has developed a number of linguistic and cultural activities in view of her expanding influence in foreign contries. For this reason m:any special institutions, public services and private organisations have been created. A study of the legal system of the cultural activities of france in foreign countries must combine many elements like the status of persons who are part of this system, the type of contracts and the application of internal, administrative and constitutional law as well as the aspect of international and community law. Finally, greece, as a case study, will be analysed
Roger, Thomas. "La perception de l'étranger dans le droit des marchands et négociants (XVIe - XVIIIe siècles)." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G044.
Full textThe perception of foreigners in the right of merchants and traders revealed the existence of a special law for these professionals. Indeed, political circumstances such as wars or economic factors have impacted the live and the work of the mercatores and negociatores. Meanwhile, from the sixteenth to the eighteenth century, the development of royal powers changed the framework and minds concerning these professionnals. These contexts have impacted both jus mercatorum, customary rules, royal ones or applicable case law. Similarly, a comparative legal analysis will be regularly conducted to shed light from the law practiced beyond the borders of the royal state. It will be seen that only circumstantial events, momentary and partial ones could lead to some acceptance. The production of legal norms encouraging French traders' installation abroad also characterizes the time between the sixteenth and the eighteenth centuries
Guerassimoff-Pina, Carine. "L'Etat chinois et les communautés chinoises d'outre-mer." Nice, 1996. http://www.theses.fr/1996NICE0011.
Full textFarrugia, Emilie. "Le statut de l'étranger en France." Nice, 2010. http://www.theses.fr/2010NICE0033.
Full textPellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers." Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.
Full textThe present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
Careghi, Jean-Christophe. "Le statut personnel des Vietnamiens en Indochine de 1887 à 1954 /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2002. http://catalogue.bnf.fr/ark:/12148/cb39181358t.
Full textPitcho, Benjamin. "Le statut juridique du patient." Montpellier 1, 2002. http://www.theses.fr/2002MON10025.
Full textYahiaoui, Nadjia. "Le statut juridique de l'olp." Clermont-Ferrand 1, 1986. http://www.theses.fr/1986CLF10015.
Full textThe subject of our research is the juridical statu of the palestinian liberation mouvement (plo). According to its political programme, its aims, the plo can be classified among the national liberation mouvements. We have studied first the sta tus of the palestinian people and of the plo in the eyes of international law. We thought it was necessary tho draw up an historial recall of the palestinian question at the uno (1947-1969). As wellas the plo status in the previous aspects. In order to justify the existence of the plo as a mln. We've of independence to the colonial people to the palestinian case and the specific features of the zionist colonisation on these grounds, we have explained wy the plo's struggle takes place in exile and atthis point, we've evoked the concflicts of soveraignty wich opposed the plo to the welcomingstates. Our research dealt in the second part with the basis and the juridical nature of the plo recognition. We sought to analyse the grounds of representativeness based upon the legitimary of its action and upon its specific effectivity. So the plo contributed to the enlargment of the place previously given to the mln. The plo indeed was granted a unique and priviledge status inside the international organisations (uno, usesco, security council, league of the arab states). We have then showed that it was areal status, and we have studied what was it's strength against the status which are hostile to the plo (usa, israel, the eec countries), in our conclusion we have tried to find out wether the nlm status has provoked the creation of a new international law, wether its status has got ajuridical future
Jorion, Benoît. "ALe statut juridique de l'information." Paris 12, 1994. http://www.theses.fr/1994PA122003.
Full textThis thesis is concerned by the legal organisation of administrative, information, whose main aspects are twofold. It has so considered, on the one hand, the activity of communication and the other hand, what results from this activity , that is to say "rules". The information may be received, administred, or created by the french administration. First of all, the administrative information is an activity of the administration. Some statutes of parliament (6-1-1978, 17-7-1978, 11-7-1979. . . ) contribute to lay down rules of administration and spreading these different statute s are conplementary, even if is necessary to combine them with the more traditionnal administrative rules. The manner in which administrative information has to be associated in the complicated process of ruling or has to be considered as an economic good is dealt with in this thesis administrative information is controled by judges thought cases involving "exces of power" or "liability". The aim of this thesis is also to show that administrative information is moreover a concept submitted to general rules like equality, finality and accuracy. The subject of the right to information is studied as well as limited. At last, it is showed that the concept of administrative information could be employed to amalgamate in a single category all the administrative unilateral and no decisive acts, what would lead the administrative system to be simplified
Coninck, Astrid de. "Le statut juridique des casinos." Bordeaux 4, 2002. http://www.theses.fr/2002BOR40008.
Full textMarrigues, Jean-Charles. "Le statut juridique des CARPA." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10051.
Full textSurprisingly unknown to the general public and many lawyers, despite being intended to serve them; the Special Lawyers’ Litigation Fund's (CARPA) are inextricable from the French legal and judicial landscape. The CARPA’s were created in the middle of last century to inspect the accounts of the lawyers who had just been given the right, by the government, to manage funds in the name and on behalf of their clients. They have since then been allowed to conduct speculative activity to finance their operations. The CARPA’s have, furthermore, become managers of the public funds allocated towards the remuneration of the lawyers that support the legal aid mission. Of an unquestionable efficiency, the CARPA’s are none the less facing multiple challenges and suffer from a relative uncertainty regarding their future. The evolution of economic and financial crimes, the effectiveness of the public service guaranteeing access to justice, as well as declining returns from their speculative activity and the prospect of reforms could actually threaten to shake the concept of CARPA’s to its very core. Emanations of the orders that set them up as symbols of discipline, probity and rigor, the CARPA’s work in the interest of the legal profession, the values that it stands for and of the general interest. The Special Lawyers’ Litigation Fund never having been the object of a comprehensive study, their past and future evolution dictates that we analyze their legal status within positive law before formulating proposals that could improve their efficiency in prospective law
Traver, Olivier. "Le statut juridique du cheval." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10041/document.
Full textHuman history reveals the centennial importance of the horse and the thesis has for object to verify the expression in law, by determination of the legal status of the horse. In accordance with the traditional legal classifications, the horse is first thing and movable. But the analysis of the legal regime of the horse reveals that its nature is admitted by the law and this evolution is determined by the consecration of its movement autonomy and his sensitivity. First a thing, the horse becomes a living thing. However, admitted as soon as, the living nature of the horse is challenged by the law in order to limit the linked legal effects, notably in the responsibility law. In contradictory appearance, this legal construction is yet justified by the man's superior interest. This man and horse consideration in law affirms the irreducibility of their qualification, to be legal for one, and a living thing for the other. Their assimilation would not be juridically considered whatever are the autonomy of movement and the sensitivity of the second. Distinct of the legal beings but not reduced to simple thing, the horse affirms itself in law like a living thing
Mansion, Olivier. "Le statut juridique de l'enfant conçu." Montpellier 1, 1995. http://www.theses.fr/1995MON10027.
Full textThe law in force built from the summa divisio between person and thing doesn't bring a satisfactory answer for the unborn child legal status. If it as recourse to legal fictions, they are inadequate to answer the solicitations of the biomedecine. The acts of the 29th july 1994 relating to bioethics, legalizing many thechnics for example the giving of embryo, induce us to the transformation of the unborn child into a thing. Because he gets respect at the beginning of his life, the unborn child assumes in utero his mother's legal personality ; this fiction doesn't substitute for his legal status of object according to the law. The embryo in vitro proceeds from the same status, object in accordance with the law, he isn't a personal estate because he is devoid of patrimonial value. He is in the "commece juridique" through the notion of convention understood like the brought of perfect obligations into play and distinguished by an absolute rule of gratuitousness and an absence of property
LESTOURNELLE, PATRICE. "Le statut juridique du peuple mapuche." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32005.
Full textAfter the dictatorship in chile from 1973 to 1988-89, during which there existed officially no indigenous people, the democratically elected powers made the question of the indigenous populations (and therefore, the mapuche, which represent about 10 % of the actual population) one of its political priorities. So, the law of october 5, 1993 was unanimously adopted. This thesis proposes an initial evaluation of this law. While the mapuche have always been historical and anthropological objects of study for researchers (first part) one can witness today by virtue of the 1993 law on a national level, and also on an international level that they are pretending to be masters of their own destinies. But is this enough to qualify the law as a positive one ? no. Because analising the juridical terminology used in the law, the financial credits given by the government to realize changes, and the level of recognition given to the mapuche (simple law not constitutional recognition), chile has adopted law that masks the assimilation of the mapuche people into the national picture; far from recognizing a multiethnic society, and farther still, the existence of a mapuchan juridical system in an atmosphere of juridical pluralism conforming to the tendencies of the actual anthropology of law. The return of democracy (can one speak of democracy in a country in which the constitution permits the nomination of senators ?) has been realized without affecting certain principles established by the dictatorship of pinochet (who is still head of the armed forces); among these, the territorial integrity of chile (there also exists a minority population of mapuche in argentina) and its liberal economy (there are many firms operating in mapuchan territory without regard for the sacred relationship these people have with the earth). As a consequence, the legislative picture since 1993 in chile does not under any circumstances allow one to conceive of a "mapuchan nation"
Mousny, Marie-Pierre. "Le statut juridique du corps humain." Nice, 1998. http://www.theses.fr/1998NICE0022.
Full textTonnellier, Aurore. "Le statut juridique du site internet." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020068.
Full textWhat is the legal framework regulating the web site? The main purpose of this question is to invite the reader into the world of web sites and the surrounding legal regime. The doctoral law thesis aims to shed light on the specificities of the web site’s legal framework. The thesis is divided into two parts: the first part is dedicated to the legal provisions of web site development and the second part is dedicated to the provisions of web site processing. The first part of the thesis, dedicated to the development of web sites, studies the different types of contracts related to web sites including web site development and design contracts, hosting contracts, search engine optimization, and content management system contracts. In addition, it delves into the web site’s requirements: legal web site registration, domain name, legal information and the independent administrative authority protecting privacy and personal data (CNIL), and last but not least the relationship website-copyright. The second part of the thesis, dedicated to the management of web sites, studies online communication, e-commerce, the relationship web site-advertisement, and digital business assets. This doctoral thesis therefore emphasizes the fact that the Internet is not only a universal tool, but also a living matter that challenges the legal profession day after day, and innovation after innovation to encompass new solutions and new regulations as a response to the arising conflicts posed by the evolution of web sites
Ali, Amir. "L'assimilation juridique du statut personnel mahorais." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1016/document.
Full textThe study examined the question of assimilation status Mayotte staff. It allowed especially to elucidate the process of substitution of the Civil Code of rules to local legal institutions initially Islamic and customary gasoline. While significant progress has been made over the past decade. Nevertheless, there are still gray areas that require imminent legislative action so that light be shed.Indeed, the right can not be satisfied uncertainties. For efficiency, it requires the articulation of clear principles. The rules must be clear that it poses to rule out any risk of arbitrariness. This is a prerequisite to facilitate the work of the judge to ensure compliance. It is also an armor with which each individual can wrap himself to feel safe. The legislator must be able to guarantee these basic needs own to found harmony in society. This journey through the maze of assimilation status Mayotte staff, was also an opportunity to discover the revival of this concept, and crisscross the horizon that presents itself. A now supported for the legislature, to explore all potential and restore its true meaning
Cournil, Christel. "Le statut interne de l'étranger et les normes supranationales." Toulouse 1, 2004. http://www.theses.fr/2004TOU10041.
Full textThe rights of foreigners are booming under the influence of supranational norms (treaties, conventions, human rights law within the European community. . . ) and more particulary European directive and community Law. This study has for subject the direct or indirect influence of these norms on the changes in the internal statutes of foreigners. We are witnessing the emergence of a supranational migratory regim regarding foreign migrations. The Geneva Convention, the bilateral agreements but especially the Europeen Community policy regarding the rights of asylum and immigration have brought about a truly supranational status for foreigners. This study essentially allows us to measure the extent of European community law's influence on the internal status of the ordinary foreigner but also that of those asking for asylum. The entry, the stay, and the departure of foreigners and of those asking for asylum are ruled by these new norms. Parallel to this phenomenon of "communitarisation", internal or national law is experiencing a sharp rise in the influence of international rights concerning Human Rights. From all these different norms and international jurisprudence are emerging a set of protective rights and liberties for foreigners. These additional supranational guarantees thus complete the national statutes for foreigners. Whereas some of them are used to "correct" the national statutes, in other words improve them by reinforcing an already existing protection for foreigners, others, on the contrary, have an innovative function as they give guarantees yet unknown in national foreign statutes
Nurit-Pontier, Laure. "Le statut juridique de la monnaie étrangère /." Paris : Revue Banque Éd, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/279167547.pdf.
Full textLeVasseur, J. L. Gilles. "Le statut juridique du français en Ontario." [Ottawa] : Presses de l'Université d'Ottawa, 1993. http://site.ebrary.com/lib/librarytitles/Doc?id=10134935.
Full textTitre de l'écran-titre (visionné le 10 octobre 2008). In Canadian electronic library (RCDR / ICN). Description based on print version record. Comprend des réf. bibliogr.: v. 1, p. 234-246.
Dongar, Olivier. "Le statut juridique de l'espace extra-atmosphérique." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40037.
Full textSince the beginning of time, outer space, composed of interstellar space and celestial bodies, has always sparked interest for multiple civilizations, attracted by something from the divine order. This interest materialized in the middle of the twentieth century through the conquests of interstellar space and the Moon, thanks to the development of the technical means which has allowed man to evolve in this environment. Nations then felt the need to elaborate under the aegis of the United Nations Organisation a body of legal rules to formally supervise the rising spatial activities so that they do not become anarchic. These rules have been focused in a legal status which has becone that outer space, which contains within it a highly humanist philosophy and which is supported on two perfectly symmetric fundamental principles which hold the non-appropriation of the spatial environment so that it is freely usable by the group and for all the States of our planet. It remains to be specified that the globalization of the market economy and the development of the worldly conflicts which we witness nowadays has accelerated the alteration of the spatial activities which integrate more and more economic and strategic data which compete directly with the humanist essence of the aforementioned legal status without having made it disappear
Nurit-Pontier, Laure. "Le statut juridique de la monnaie étrangère." Clermont-Ferrand 1, 1992. http://www.theses.fr/1992CLF10110.
Full textRaffaelli-Defradat, Valérie. "La famille naturelle : statut juridique des concubins." Lyon 3, 2000. http://www.theses.fr/2000LYO33019.
Full textLe, Chevalier Philippe. "Le statut juridique du metteur en scène." Paris 2, 1989. http://www.theses.fr/1989PA02T021.
Full textThe profession of producer as such is recent; both case-law and professional practice have filled the legal vacuum in the matter only in later years; the legal status of the producer has consequently established itself with respect to copyright and labour laws : rules have been established between producers and playhouse directors depending on the status ofthe theater, and define the rights and obligations of both parties. It appears that the producer, has now established its legal positioning, which was previously split between the position of stage actor and the one of creating the stage production. The working relationship between producer and playwright may sometimes be conflictual, particularly with respect to interference of stage production with the integrity or the intent of the works of the playwright. As to a status of co-authorship which is sometimes claimed by the producer on the show as staged, it is occasionnaly considered subject to limiting conditions. This legal status of "producer", which has still to be extended to whole the entertainment undertakings makes france one of the leaders in europe for the protection of the rights of the producers
Klausser, Nicolas. "L'accès au statut juridique d'étranger gravement malade." Thesis, Paris 10, 2021. http://www.theses.fr/2021PA100003.
Full textSince 1997-1998, in the context of AIDS/HIV crisis, a protection against deportation and a right to stay are granted to migrants suffering from serious diseases that cannot be treated in their home country. The migrant’s disease is now constitutive of legitimacy: migrant can be biolegitimate. This new recognition led to fears from public authority to not been able of controling immigration anymore. Indeed, migrant’s biolegitimacy implies to conciliate control of immigration with health protection. Thus, the study of legal standards related to serioulsy ill migrant statuses aim to examine the balance between those objectives, in order to analyze wether if this status is effective.International, european and national law provide sufficient flexibility to legislator for adopting legal framework which foster immigration control more than health protection. Since twenty years, successive immigration reforms significantly normalized the categorization process of seriously ill migrant, in order to control restrictively the flow of resident permit for medical reasons. The study of the legal framework’s application by procedural actors (doctors, administration, administrative judges) emphasize this normalization’s concretization, enabling State to reajust biolegitimacy process in order to control it
Agne, Malado. "Le statut juridique de l'islam en France." Le Havre, 2015. http://www.theses.fr/2015LEHA0009.
Full textIslam is a religion which, although it appeared in the 7th century, really expanded in France in the 20th century. It is the second religion in France. So, if the question of the place of religions – in particular monotheistic – raised many questions or even conflicts in previous centuries, it is now islam in France that raises many questions. French religion law is marked by the centrality of principles of religious freedom, secularity and separation of churches and State. In accordance with these principles, the State shall respect towards all religions in France neutrality and equality. However, the analysis reveals that islam is subject to a special status characterized by shifts in the application of legality and hypertrophy in the implementation of public policy. The French State, for this exceptional regime, departs from orthodoxy formed by the general legal framework and by the rules applicable to other religions
Waboe, Jean-Pierre. "Le statut juridique de l'artisanat en france." Paris 1, 1999. http://www.theses.fr/1999PA010287.
Full textLanglais, Alexandra. "Quel statut juridique pour les dechets agricoles ?" Nantes, 2001. http://www.theses.fr/2001NANT4012.
Full textBenzebouchi, Abdelhak. "Le Statut juridique des travailleurs algériens en France." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37595957q.
Full textHoppe, Lars. "Le statut juridique des drones aéronefs non habités /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2008. http://catalogue.bnf.fr/ark:/12148/cb41277750k.
Full textEn appendice, choix de documents dont plusieurs en anglais et un en allemand. Bibliogr. p. 486-489. Webliogr. p. 490-491.
Touré, Djénèba. "Le statut des médecins du travail (approche juridique)." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20005.
Full textOfficially extended by the law of October 11th, 1946, occupational health has nowadays become part of all business sectors. To ensure the workers’ health and safety, the law entrusted the occupational health practitioners with a risk prevention with the aim ‘to avoid any deterioration of the workers’ health due to their work, including looking after their work hygiene conditions, the contagion risks and their state of health. It also covers all clear risks linked to third party safety working in the immediate work environment (labour law – article L.4622-3).Although all occupational health practitioners have similar duties, the rules that they apply can vary according the business sectors. Therefore we notice a wide variety of status. This study deals with the status of the occupational health practitioners in the occupational health department of the non-farm and public service. By analyzing the current situation, this thesis gives a precise perspective on the heterogeneousness of their status and leads to questioning setting up more homogenous rules
Zemirli, Zohra Aziadé. "Le statut juridique des minorités religieuses en Algérie." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D033.
Full textA mostly Sunni Muslim country -of Malaki rite -Algeria nonetheless presents a religious plurality. This plurality exists within Islam, with the presence of Ibadis and Shias. Ahmadis only appeared in the Algerian legal landscape in 2016, after a series of arrests. As for non-Muslims, if the presence of Jews and Catholics is part of Algeria's history, that of evangelical Protestants only acquired a real visibility after a press campaign reporting mass conversion in 2004. An ordinance setting conditions for public worship of other cults than Islam was then adopted in 2006, before being approved by a law. Through the study of the legal status of religions minorities, a broader interrogation about the place of freedom of religion in Algeria can be raised. How is this freedom guaranteed ? Is it de jure, in view of the Algerian Constitution and Algeria's international commitments, or is it also de facto? To what extent are the 2006 ordinance and the provisions of the Penal Code implemented regarding offences against Islam ? Are arrests and convictions of citizens for proselytism or offence against Islam an indication of the willingness of the authorities and of the Algerian judiciary to fight against the presence of religious minorities and to maintain Islam's status as the state's religion ? This thesis seeks to show that despite the state's refusal to qualify legally non-Muslims as religious minorities, these groups do meet the definition of minorities given by international law. It also analyzes their status in contemporary Algerian law, both in the public sphere -religious references in the Constitution and collective public worship -and in private law -persona! status, including inheritance rights and the penalization of certain behaviors. As a conclusion, some leads towards reforms are suggested in order to improve the legal status of religious minorities in Algeria
Benzebouchi, Abdelhak. "Le statut juridique des travailleurs algériens en France." Toulouse 1, 1986. http://www.theses.fr/1986TOU10004.
Full textThe presence of Algerians workers in France involves the research of their juridical, economic, social and cultural status. The elaboration of this status could be a solution to the problem of existing situation of juridical inferiority of the Algerians workers in France. This juridical status could be articulated around new international laws of equality. Because it is always the same process: north states are users of migrant workers and south states supply them
Bessa, Assia. "L'évolution du statut juridique de la femme algérienne." Perpignan, 2004. http://www.theses.fr/2004PERP0622.
Full textIn our study, the problems turn to the turn of the evolution of the legal situation of the Algerian woman since the pre-colonial period. It will be a question, to analyze the various parameters which could generate the legislative inferiorisation of the woman. The central point of our work concerns the adoption of the code of the family in 1984 by the National Assembly and of her application by the judges. This code will have perverse effects on legal blooming of the citizen, this one will not be regarded as the equal one of its male fellow-citizen, although the Algerian Constitution envisages a perfect equality between the citizens of both sex. This choice of legislation was made by the Algerian State while preaching that Islam was the religion of the state, in the constitution. The legislator took as a starting point the the charia to enact the provisions of the code of the family, with in star of his Moroccan neighbor. We are also interested in the effects of this device initially, on the international plan i. E. On the Algerian one abroad and the foreign woman having married an Algerian. In the second time, as regards the social aspects, which relate to professional blooming of the woman in Algeria
Maghrebi, Besma. "Statut juridique du patient atteint de maladies rares." Paris 8, 2009. http://www.theses.fr/2009PA083091.
Full textDuring the last decade both European and national authorities took in charge the issue regarding the Orphan Diseases across public health policies. These diseases are, today, subject to multiple studies and reports in the world, which demonstrate an evolution in the approach regarding these diseases. These multiple studies could be, in part, explained by the fact that the patient of these orphan diseases, in theory, would benefit of rights universally recognized as well as fundamental (pursuant to the Universal Declaration of Human Right) which must not be affected by the infrequency of their pathology. The reason of the enactment of the law issued on 04th March 2002 in France is unfortunately difficult to put in force in the situation of Orphan Diseases patients insofar as the law does not benefit to them (e. G : obligation regarding the information and access to this information for patients who suffered Orphan Diseases). The aim of the law dated 04th March 2002 is to set up a "Sanitary Democracy" in order to advance the patient as "decision-maker" regarding its care. However, this kind of patients, before being the "decision-maker" cannot benefit the provisions of this law regarding notably the friendly care. Nevertheless pursuant to the provisions of the article L. 1110-1 of the Health Public Code (Code de la Santé Publique), the Orphan Disease patient as legal person can benefit Fundamental Rights as well as other none Orphan Disease Persons in their treatment given by the Public Health Authorities regaring all the rights linked to this relation : for example, the right to dignity, the right to the nondiscrimination promotion principle regarding the access to the treatment and cares, the right to the professional secrecy, the right to access to "quality cares" as well as the right to the respect for the patients in the process concerning both the evaluation and accreditation of the health institutions
Hoppe, Lars. "Le statut juridique des drones : aéronefs non habités." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32073.
Full textDuring the time, a lot of technologies have become obsolete. This is especially true for some civil and military systems recently used for missions with a high risk involved or requesting a very high endurance. In order to reduce the mission risks and to increase endurance pre-programmed or piloted by distance UAVs (“unmanned aerial vehicles”) have been ensuring more and more since some decades. However, the increased use of UAVs during the last ten years does come along with some legal problems. The existing airworthiness and air traffic regulations for traditional manned air planes are insufficient and not adapted to UAVs. This empty space of clear regulations is observed at the level of national regulations where constructors and operators are only able to base their interests on an analogy to the existing regulations. On an international level, nearly no rules exist for production, selling and utilisation of UAVs. This situation does not allow evaluating how to handle problems with UAVs in the case of an accident or the abuse of UAVs which can be imagined for terrorist goals. Another aspect is the possibility to attend human individual laws, because the UAVs could also be used for spying. At this moment this empty space concerning UAV-regulations shall be filled. One of the main issues tackled in this paper is to what extent, and in which way, the current airworthiness regulations are still applicable and whether the existing regulations will remain applicable in the future. Is it possible to adapt the existing rules to UAVs or is it necessary to proceed to some technical and law adjustments to permit the insertion of UAVs in civil air space? Based on the existing rules, research and advisory opinion, detailed proposals and recommendations will be made in order to create suitable traffic regulations and to attract the reader’s interest to these problems
Milon, Pauline. "Analyse théorique du statut juridique de la nature." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0051.
Full textThis thesis questions the legal status of nature through a theoretical analysis. Reflecting on the status of nature is tantamount to questioning the singularity of the link between man and nature: is it a relationship that induces a scale of value with a subsequent hierarchy, or rather a relationship without hierarchy but with links of interdependence? Eventually, the idea is the idea is to escape from a dualistic logic separating man from nature. Nature is first reified by law. Object of law, defined by and for men, nature is considered as a thing, a good or an heritage. But this thesis is above all the observation of an evolution of the status of nature which can no longer be considered today only as an object. The socio-political evolution accompanies a movement aiming at the progressive subjectivization of nature. A rebalancing then occurs, "desacralizing" man as he persists in cutting himself from the rest of nature
Peña, Guzmán Mireya Maritza. "Les autochtones en droit international contemporain : un nouveau paradigme pour les Amériques." Paris 3, 2006. http://www.theses.fr/2006PA030091.
Full textOne of the cornerstone features of contemporary law is the recognition of indigenous peoples as new and special subjects of concern, although their international legal status is not yet clearly defined. At the international level, this recognition is being led by the United Nations and is also reflected in the increased involvement of other international organizations in the protection of Indigenous peoples. At the continental level, this protection can be illustrated in the Americas. The Organization of American States (OAS) is facing important challenges regarding the adoption of both new policies and legal instruments for the protection of these vulnerable groups. At the domestic level, Latin-American countries are showing a pattern of recognition and protection of indigenous peoples’ rights and with recent challenging case-law, these invites the emergence of regional customary law norms
Satio, Jean. "Le statut du commerçant au Cameroun." Paris 1, 1989. http://www.theses.fr/1989PA010260.
Full textNeyrat, Frédéric. "Des v. R. P. Aux forces de vente : les représentations des représentants de commerce." Paris 10, 1997. http://www.theses.fr/1997PA100199.
Full textJozefowicz, Henri. "Le statut de l'élu en droit public français." Paris 5, 2008. http://www.theses.fr/2008PA05D005.
Full textFrench Constitution clearly mentions the représentants. Their designation participates to the expression of National Sovereignty. The status of the elected person has to be understood through the institutional framework applicable to those who are in charge of a political mandate. The conditions of practice of the mandate relay several principles of French Law: separation of powers, free administration of local authorities… More generally, this status ensures the independence of the elected person issued from representative democracy. For all these reasons, this status is ambivalent as he is based on rights and obligations. The elected person has to comply with limitations or restrictions regulating his non-elective activities and the practice of his mandate. Next to this, he can get advantages and guarantees. The status of the elected person appears to be rooted in an institutional game involving more that the elected person himself without neglecting his own aspirations
Dubourdieu, Benoît. "Le statut social de l'artiste." Paris 2, 1998. http://www.theses.fr/1998PA020067.
Full textChikhaoui, Bardine. "Le transfert de technologie juridique : l'exemple du statut communal." Montpellier 1, 1985. http://www.theses.fr/1985MON10010.
Full textJemmah, Imane. "Le statut juridique de l'homme d'affaires étranger au Maroc." Perpignan, 2006. http://www.theses.fr/2006PERP0717.
Full textFakhoury, Amer. "Le statut juridique des armes nucléaires en droit international." Reims, 2007. http://www.theses.fr/2007REIMD003.
Full textA legal statute, clearly and with out any ambiguity, of nuclear weapons seems to be confronted with particular difficulties. The policy or doctrine of deterrence is regarded as a large obstacle in the determination of this statute. The collapse of Soviet Union, the end of cold war and the intervention of an international jurisdiction do not seem to bring a final determination to the statute of the nuclear weapons. During debates having followed the advisory opinion of 1996, an important place was made on the negative influence of paragraph 105/2/E on the legal statute of the nuclear weapons. The paragraph in question points out a worrying reality and an interrogation always without answer. The existence of sevcral grey zones reveals that the international law is unable to prohibit the use or the threat of use of nuclear weapons in al1 circumstances
Bitota, Muamba Joséphine. "Recherches sur le statut juridique des femmes en Afrique." Toulouse 1, 2003. http://publications.univ-tlse1.fr/708/.
Full textOne of the african countries' particularities is the juridical pluralism. The analysis of women's statute in thoses countries shows this fact. The main question is : wich are the duties and rights given to women in Africa still hiering from its old mother-countries legal system ? This statute happens to be at crossroad of 3 legal systems. The still alive traditionnal rights submit woman to man in the name of the "never ending past". Governments, in a realistic view, get inspired from this hierachy to give males, in civil codes and public realm, a real pre-eminence. International organizations in charge of promoting women's rights, insist in womens ability to be actresses of socio-economic development, as a consequence of the recognition of their rights. Those 3 positions, breaking with human dignity's universality which holds all the dispositions favoring equality and unconditionnal right, based on active public policies with the help of both internal and international actors
Somé, Marcelin. "Le statut juridique de l'Organisation Internationale de la Francophonie." Lyon 3, 2008. http://www.theses.fr/2008LYO33006.
Full textThe problem on the reality or the fiction of the moral personality, very former, was cut cut in favour of a fiction of the legal personality of the international organizations: the legal personality of an international organization is based, exclusively, by a legal act having value of treaty strictly speaking. The international organization of the Francophonie appears in subject derived of the international law. However, his process of creation deviated from classic standards without being innovative or more effective retruning, on the contrary, the determination of his uncertain legal personnality. Indeed, his creation, or more exactly the appearance of the naming in preceded an officilization, by a document (Charter of the Francophonie adopted in Antananarivo on november 23rd, 2005) the binding character of wich is debatable, and who cannot be perceived as a real constituent treaty of an international organization. Nevertheless, the international organization of Francophonie presents al1 the caracteristics of the international organizations created according to a classic conventional procedure. From then on, the unsatisfactory result of the legal fiction entails an appeal to the concrete reality, notably to the characteristics and to the objective functions which realize it. It is in this way that the law will seize effectively the legal status of the international organization of the Francophonie according to a teleologique interpretation of the objective characteristics, established by the International Court of justice to determine the international legal personality of the UNO
Diomandé, Aboubacar. "Le statut juridique de l'enfant dans les conflits armés." Poitiers, 2010. http://www.theses.fr/2010POIT3011.
Full textStates members of the United Nations elaborated a lawful corpus destined to protect the child and to improve his condition in armed conflicts. The main idea of this protection is that a child is a particularly vulnerable being. Therefore when he does not participate in the hostilities, he must not be taken for target of the attacks, and should not be recruited by the belligerents. As member of civilian population, he benefits from a general protection against the consequences of hostilities. Notwithstanding this last point, he is often forced to flee as refugee or moved inside his country. In fact the child can find itself as soldier in armed forces and armed groups. For that reason the international community has regulated his recruitment and his participation to the hostilities. Despite this legislation, many children are recruited and constantly participate in armed conflicts. These children often commit the worst atrocities of war. Given that fact, how does the international law apprehends children soldiers' identity ? is that law about executioners and / or victims ? This study tries to demonstrate that the lawful corpus elaborated by the international community protects effectively the child in armed conflicts. Only this protection will be effective if these standards were respected by the belligerents
Tropini, Julien. "Le statut juridique des "combattants étrangers" en droit international." Doctoral thesis, Universite Libre de Bruxelles, 2020. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/305601.
Full textWhat do George Orwell, André Malraux, Davy Crockett and Osama Bin Laden have in common? This question might be surprising to some. How to find a common trait between the author of Animal Farm and 1984, the French resistance former minister, and the elected representative of the United States congress rooted in popular culture? Especially, if they are to share it with the former leader of Al Qaeda.Like thousands of others, they were "foreign fighters". In different times and to defend different causes, they undertook a journey which led them to take up arms in foreign wars. This historic phenomenon underwent a new legal turning point the last decade through the flow of thousands of foreigners who joined one of the belligerent parties in Syria and Iraq. To address this threat to international peace and security, the United Nations created the legal term of “foreign terrorist fighter”, subjecting these foreigners in armed conflicts to provisions in international counter-terrorism law. However, this status suffers shortcomings, which make it impossible, in particular, to differentiate between an international terrorist, an international volunteer, a member of an organized armed group or even a combatant of a state armed force. Today, George Orwell, André Malraux and Davy Crockett would probably be considered as "foreign terrorist fighters". In addition, the application of such status to identify actors of armed conflicts is in opposition with some rules of international law. Finally, to determine the correct legal status of "foreign fighters", to identify them and thus regulate their activities, including their terrorist acts, it is to the rules of international humanitarian law that we must turn. Even when qualified as “terrorists”, "foreign fighters" are already identified by the status of the law of war.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Agahi-Alaoui, Bahieh. "L'autorité maritale dans les doctrines musulmanes contemporaines et les droits positifs iranien et marocain." Perpignan, 2008. http://www.theses.fr/2008PERP0917.
Full textMarital authority in the contemporary Muslim doctrines and in the positive Iranian and Moroccan law is the fruit of differing interpretations of Islam. Various schools of thought contributed either positively and negatively to the evolution of the legal status of the married woman. The first part discusses the contemporary Muslim doctrines stretching to demonstrate the foundations of marital authority that justify to the eyes of its supporters the maintenance of head of the family quality and its prerogatives, and on the other hand the progressive disappearance of these same outdated foundations in the today's societies which require the abolition of all the aspects of marital authority so that society's practice becomes compatible with the law. The second part discusses the study of Iranian and Moroccan laws, with the principal objective of presenting the various aspects of marital authority in both, and to further quantify the application of the principle of equality, as recognized by the international instruments and to outline the regression or the evolution of the status of the married woman under the two countries. Thus, various aspects of marital authority within the marriage legal framework concerning the woman's conjugal, private and professional life, as well as in the life of the woman as a mother are exposed. Furthermore, some additional points around the effect of marriage on the name and nationality of the woman, polygamy and unilateral repudiation of the wife by the husband are also addressed in the second part