Dissertations / Theses on the topic 'Sûretés (droit) – France'
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Laender, Marie-Hélène de. "Les sûretés négatives." Paris 1, 1998. http://www.theses.fr/1998PA010323.
Full textDue to the crisis period, an impressive increase in the number of firm failures has been noticed leading to a clear depreciation of traditional security. In the face of such situation, the business running reacted drawing from the contractual freedom resources widely available in law and newly expanding for a few years. Being the fruit of practical experienced people fertile imagination, the hatching of + negative pledges ; was one of their most obvious expressions. There are indeed normally forecast in bank relationship and in the area of firm groups financial plans. This new kind of security consists of, litterally or approximately, the negation of a right which can explains the origin of the designation: it is generally a matter of not doing commitments (to which are added doing commitments) undertaken in the view of avoiding any lessening in the value of the lienee's patrimony, usual lienor security. Behind this surface difference, is there not a uniqueness of nature consequential to their unquestionable backing function? On the other hand, as they are essentially contractual mechanisms, the question is posed as to know what is their real legal impact, as regards relations between parties as well as relations toward third-parties. Actually, we reach the major problem of + negative pledges ; efficiency as a security technique against the debtor insolvency. This question solved, it will be possible to determine their place in the security law
Westendorf, Hannes. "Le transfert des sûretés." Paris 2, 2010. http://www.theses.fr/2010PA020018.
Full textLeblond, Nicolas. "Assurances et sûretés." Paris 2, 2007. http://www.theses.fr/2007PA020062.
Full textGranvilliers, Blanche de. "La transmission des sûretés par la règle de l'accessoire." Paris 1, 2000. http://www.theses.fr/2000PA010358.
Full textGijsbers, Charles. "Sûretés réelles et droit des biens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020088.
Full textProperty, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency
Lisanti-Kalczynski, Cécile. "Les sûretés conventionnelles sur meubles incorporels." Montpellier 1, 2000. http://www.theses.fr/2000MON10050.
Full textKonaté, Mamadou. "L'obligation d'information dans les sûretés personnnelles." Paris 8, 2012. http://octaviana.fr/document/177803622#?c=0&m=0&s=0&cv=0.
Full textIn french legal system, the obligation to inform the guarantor depends on whether the guarantee involved is a surety bond, a standby letter of credit or a comfort letter. As to surety bond, the issuer, when it is a natural person, is due to be informed at any time of the contract. Since surety bond is a collateral and dangerous contract, the need for its issuer to be informed could easily be explained. On that subject, it should be borne in mind that standing surety for a debtor means paying his debts when he failed to do so. In others words, being surety means taking the risks to pay someone’s debts. Therefore one can easily figure out the need for a surety to be informed about the financial problems of the debtor and the evolution of the guaranteed debt. Unlike the surety, french laws makers require no legal information concerning the issuer of standby letter of credit or comfort letter, should the issuer be a natural person. The reasons relied up on the fact that, contrary to surety bond, standby letter of credit is not collateral contract. The issuer of such a letter agrees to pay a sum which is wholly different from the one relying on the main debtor. Because he is not paying the same thing as the main debtor, the issuer of standby letter of credit has no need to be informed about the evolution of the main debt. For different reasons the signatory of comfort letter has, either, no need being informed about the evolution of the guaranteed debt. On that subject, it should be noted that contrary to surety and issuer of standby letter of credit, subscriber of comfort letter has no payment obligation in principle. It is an obligation to do or not to do which is different from the obligation of payment. However we can not ignore that in some cases standby letter of credit or comfort letter could be more dangerous than surety. Thereupon the question has been asked to extend the scope of surety’s legal information so that it includes the others guarantors. This question is very difficult to answer. Though the even more so reasoning, relying on the idea of risk, permits the extension of surety’s informative measures to the others guarantors, the doctrine of strict interpretation of exceptions can be used as an opposing argument. On that subject, it should be noted that all the surety’s informative measures are drawn from legal texts that aim only surety. Furthermore, extending surety’s informative measures will simply be a death sentence to the others personal guarantees which rely mainly on the doctrine of free will of parties to a contract
Dupichot, Philippe. "Le pouvoir des volontés individuelles en droit des sûretés." Paris 2, 2003. http://www.theses.fr/2003PA020089.
Full textSalati, Olivier. "Le rôle du juge à l'égard des sûretés réelles non judiciaires." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32031.
Full textBimbou, Louamba Andréa Miguel. "Le renouveau des sûretés réelles immobilières." Paris 1, 2011. http://www.theses.fr/2011PA010314.
Full textZeng, Rongxin. "Etude comparée des sûretés réelles en droit français et en droit chinois." Paris 2, 2010. http://www.theses.fr/2010PA020083.
Full textLabitey, Dalé Hélène. "Les suretés réelles spéciales en droit français et togolais : leur adaptation au droit du crédit." Lyon 3, 1993. http://www.theses.fr/1993LYO33022.
Full textThe adaptation of the "suretes reelles speciales" to the banking law, establishes the "ordre public economique" rules, which are as much correctives of the affirmations of the "autonomie de la volonte" in contractual matter the "ordre public economique" is omnipresent-by delegation of authority or not-. In the attribution of a good to security of on amount legal obligation, from its establishing toits realization. Its comparative study in French law and Togolese law lets appeared two parallel evolutions. In a first part, the evolution of the Togolese law, makes by the implantation of the colonial law and after by the particularities of the developping countrie law to reach their own legislation. In an other part, the evolution of the French law, based on the strougly principles of the revolutional legislation and the code civil of 1804
Huang, Chaowei. "Les sûretés réelles en droit chinois et en droit français : étude de droit comparé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020016.
Full textDuring the same period, a reform of security law had completed in France, while the Chinese real rights law which has renovated security rights in rem was about to be promulgated in China. This thesis, based on Chinese law and drawing upon a comprehensive study of laws and administrative regulations on the subject, reveals the differences between Chinese and French law and analyze their cause and effect behind similar terms and notions. Grounded on the comparative study, the thesis draws the conclusion that the Chinese system of security rights in rem requires a further reform despite the arrival of new law
Attal, Michel. "La reconnaissance des sûretés mobilières conventionnelles étrangères dans l'ordre juridique français." Toulouse 1, 2004. http://www.theses.fr/2004TOU10035.
Full textIn situations involving international elements, French law provides for the lex rei sitae, that is to say the law of the place of the thing, to rule contractual movable security interests. The movable nature of the thing frequently leads to a confrontation of the French legal system to foreign warranty rules and techniques. Thus, if the thing is imported from a foreign country to France and if the foreign creditor would like to take advantage of his security interest in France, the question of the foreign security interests' recognition in France is to be asked. French law currently provides that French law shall rule rights in rem on movable things as soon as those things enter French territory. However, each time that a foreign security interest has been examined by a French judge, it has been declared equivalent to a French law-prohibited mechanism. Consequently, the foreign creditor is never granted to take advantage of his security interest, even though it has been validly created. This thesis' purpose is to show that the competence of the lex rei sitae and his enforcement in case of a change of the connecting factor are a method which doesn't necessarily hinder the recognition of foreign security interests; this research also aims to describe how French law could, in a material point of view, organize foreign forms of securities' reception through an assimilation to French law's valid mechanisms and through the achievement of publicity formalities
Benis, Meriem. "L'effectivité des sûretés garantissant les crédits bancaires en jurisprudence française et marocaine." Paris 5, 2003. http://www.theses.fr/2003PA05A002.
Full textThe right of the securities does not live any more in autarky in the impervious sphere of the civil law, which infiltrated by outside influences, models itself and adapts itself to the stoneware of the changes of the French case law climate. A tremendous movement of retort today is ensued from it that characterize a case law excitement and the implementation of techniques, guarantees always more numerous and diversified. The legislator - in a sort of legislative fever multiplies protective measures concerning the pledge : the laws are on this matter numerous and there is a reproduction of special regimes in such a point of efficiency or efficiency of the guarantees as the problem moved towards another centre of gravity today than is the articulation of the right of the securities with the other disciplines. As such, we can quote numerous legislative attempts which weakened the personal securities : (The receivership in 1985 and all the reforms received by the French private law, which still indirectly but inevitablty disrupted (perturbed) a little more this right of the securities : texts on the excessive debt of the private individuals, the civil procedures of execution, the consumer credit, the right of the matrimonial systems) : Criminal Investigation Deparments or quarantees, at least, these mechanisms showed themselves in themselves very solid but they collide with multiple constraints stemming from disciplines others than the right of the secruities. .
Lesné-Ferret, Maïté. "Sûretés réelles et droit méridional : essai sur la pratique en Languedoc septimanien au XIIe siècle." Montpellier 1, 1985. http://www.theses.fr/1985MON10039.
Full textDauchez, Corine. "Le principe de spécialité en droit des sûretés réelles." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020059/document.
Full textThe specificity principle was introduced in the Civil code in 1804 to ensure the development of the modern economy. Then, it gained ground and became a fundamental principle of security law. However, at the end of the 20th century, it was violently criticized : it was accused to diffuse rigidity in security law and put a brake on credit. In addition to the principle noxiousness, its theoretical criticism was all the more announcing its decline in French law, because in foreign states the influence of the American security interest, which does not know the principle, was widening. However, the reform preserved, while softened, the principle in French law. The softening of the principle is the mark of a enlightened reform which is intuitively return to the principle origins to confer it the flexibility that the original legislator wanted, but which had been choked by an inadequate theoretical conception. This conception has to be renewed now. Only a return to original sources of hypothec specificity principle is able to capture its practical realty in order to lay the foundation stone of an adapted theoretical conception, which push to removing security law from patrimony rights. The specificity principle is not a sign of the archaism of real and personal security French law, it is, on the contrary, the ferment of his evolution
Brenaut, Maxime. "Le renouveau des mesures de sûretés en droit pénal français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020060.
Full textIn 1992, in the context of the reform of the Criminal Code, decision was made to unify all criminal sanctions under the sole notion of “penalty” ; therefore, the formal existence of safety measures seemed doomed to complete obsolescence. However, as from 2004, the legislator unexpectedly enacted safety measures expressly labelled as such, and thus, disrupted the semantic unity implemented a decade earlier. In addition, the controversial notion of dangerousness was established as the ground of such measures. According to legal doctrine, this was a very “renewal of safety measures”. This formal reappearance of safety measures undoubtedly stems from circumstantial causes, owing to the political opportunity to depart from the penalty regime, especially in terms of application of law over time. Yet, it cannot be reduced to this single cause and also be explained by structural reasons pertaining to the nature of safety measures, which must be construed as a function i.e. the guarantee of the performance by a dangerous individual of his resocialisation obligation. This function may additionnally be expressed through various mechanisms: complementary penalties, measures of the pre-trial phase, conditions for serving sentences…Analysis shows that safety measures had not been discarded from criminal law and, instead of a“renewal”, the French legislator mostly extended their scope by multiplying the media of their function as guarantee
Zhang, Zhouxi. "L’influence du droit français sur le droit chinois des sûretés mobilières." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0043/document.
Full textThis comparative research between French law and Chinese law is particularly devoted to the tenth anniversary of the French ordinance of 23 March 2006 and the LDR (Chinese property law) of 16 March 2007 which is the first complete Chinese law which reforms the Chinese Security Interest. Departure from guiding principles of different security interest, both preferential than exclusive, an in-depth analysis of the impact of simplification on the security laws, in France as in China, continued while taking account of the rebirth of the properties-securities and the prospective of liens. Moreover, some institutions or techniques of other Western countries have been included in the comparative analysis to show the different aspects and also the attractiveness of the French law.Based on the same legal theory, French and Chinese legislators have certainly chosen different techniques to overcome the same difficulties. But the simplification of guarantee laws, which promotes the safety of "contractualization" of security interest in both countries will remain an undeniable convergence. Thus, there is reason to believe that the Chinese legislator will take into account the French techniques in future reforms in the security rights that are always characterized by safety, simplicity and speed
Pellier, Jean-Denis. "Essai d'une théorie des sûretés personnelles à la lumière de la notion d'obligation : contribution à l'étude du concept de coobligation." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32057.
Full textDurbesson, Michel. "Les sûretés personnelles dans les nouvelles procèdures collectives." Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32005.
Full textIn matters of a bankruptcy procedure, the use of a guarantee does not meet any juridical obstacle as long as the commitment of the third person guaranteeing the debtor actually consists in palliating a possible failure of the latter. On this point, one thing is sure : the subsidiary aspect of the contract in no way lessens the guarantee that the creditor may expect of such contract. It is then the creditor's duty, if he wishes to keep the advantages offered by a second debtor, to take the necessary steps to preserve his money from the cancelling effects linked to the bankruptcy of his main debtor. Moreover, the commitment of the guarantor constitutes a real contract, which is consequently subject to the common law of contracts. This means that the modalities of the guarantee, since they are not stipulated under conditions more expensive than the guaranteed debt, must be part of the contract. It also means that the creditor cannot without punishment, increase the guarantor's commitment, as he finds himself obliged to contract with the guarantor and loyally observe the conventions. Yet, one can notice in other suppositions, that the subsidiary aspect of the guarantee is indeed suppressed. That is the case when the guarantor's commitment forces him to face the consequences of the debtor's bankruptcy. More than palliate the debtor's insolvency, the guarantor's part is to be his permanent substitute. The efficiency of the guarantee is such that inspite of the advantages granted to the debtor following his insolvency, the guarantor complies to pay the full amount of the guaranteed debt, and indeed even in a permanent way
Juillet, Christophe. "Les accessoires de la créance." Paris 2, 2007. http://www.theses.fr/2007PA020034.
Full textDuboc, Guy. "La compensation et les droits des tiers." Nice, 1987. http://www.theses.fr/1987NICE0008.
Full textTorkmanie-Ghazal, Mohammad-Ammar. "L'évolution du gage en droit français : étude comparée avec le droit musulman." Lyon 3, 2004. http://www.theses.fr/2004LYO33041.
Full textBougerol-Prud'homme, Laetitia. "Exclusivité et garanties de paiement." Paris 2, 2010. http://www.theses.fr/2010PA020086.
Full textTilly, Patricia. "Du droit des suretés réelles au droit des garanties de paiement : propositions nouvelles pour la protection des creanciers." Nice, 1988. http://www.theses.fr/1988NICE0020.
Full textLignières, Paul. "Les cautionnements et garanties d'emprunt donnés par les collectivités locales." Montpellier 1, 1993. http://www.theses.fr/1993MON10011.
Full textThe grant of loan guarantees by local authorities raises the question of the influence of one particular party on the contract. Only the consent of the local authority should be submitted to particular rules which reflect the specificity of the local authority. The framework of consent is limited by the right of decentralisation and, the internal and european community rights of competition. The decision making process ("deliberation") is the essential part of consent by the local authority. This process is subject to public law. This specific law must not, however, be extended to the whole contract. For the rest of the contract, private law must be applied in principle. For this reason, thedistinction between the contract of "cautionnement" (which is a guarantee subject to the "code civil") and the contract of "garantie autonome" (a guarantee independent of the "code civil") is not specific to this subject. This study shows that it is necessary to discern in a legal rgime, which is apparently a combination of public and private law. Matters related to public and private law
Diallo, Thierno Abdoulaye. "Les propriétés-sûretés en droit de l’OHADA : comparaison avec le droit français." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD060.
Full textProperty-security (title for security purposes) was enshrined in the OHADA law during the reform of the Uniform Act on the organization of security rights on December 15, 2010. This thesis then aims at pointing out the similarities and the differences between the OHADA’s property-security law and the French law. It also challenges the accuracy of recognizing to the owner of the title for security purposes a right in rem in connection with the property concerned, as property-security cannot, as to the law, be assimilated to an ordinary property. By contrast, this study shows that property-security has to be seen as other traditional real guarantees. Therefore, both the OHADA and the French legislators are called to shape the legal regime of the property-security in accordance with that of the traditional real guarantees
Mégret, Géraud. "Les recours du garant : contribution à l'étude du cautionnement et de la garantie autonome en droit interne." Paris 1, 2009. http://www.theses.fr/2009PA010333.
Full textGarnier-Guillaumeau, Céline. "Le risque du prêteur : étude de droit bancaire." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40022.
Full textMultrier-Trébulle, Agnès. "La notion de subordination de créance." Paris 2, 2002. http://www.theses.fr/2002PA020048.
Full textGnofam, Koffi. "Les sûretés et les garanties du crédit dans la loi de sauvegarde des entreprises en difficulté : loi n° 2005-845 du 26 juillet 2005." Paris 8, 2012. http://www.theses.fr/2012PA083882.
Full textThe objective of French collective insolvency proceedings is to help companies avoid financial difficulties or, should that fail, to allow them to benefit from court-supervised reorganization or compulsory liquidation procedures. In order to achieve this goal, insolvency laws prevent creditors from bringing proceedings against a company after the opening judgment has been pronounced. Paradoxically, however, creditors enter into security and guarantee agreements precisely because they want to shield themselves from any potential losses arising from insolvency and financial difficulties. In principle, the onset of financial troubles automatically triggers those agreements. In essence, the right to insolvency protection for the debtor and a creditor's right to rely on its security and guarantee agreements exist concurrently and are, as such, tightly related. In order to prevent any abuse, the insolvency regime overrules all the provisions of the law relating to security. As a result creditors must bring any court proceedings to a halt and debtors are prevented from paying any outstanding debt. It can be said, therefore, that collective insolvency procedures supersede the rights of creditors contained in any debt security instrument. Despite their weakened status, however, the effectiveness of personal and real property collateral devices ultimately depend on the opening judgment. Their effectiveness therefore changes depending on the facts of each case. Their strength and intensity primarily vary with the type of proceeding in which they are used. Where a conflict arises between collective insolvency proceeding provisions and the law of security interest, the former generally prevails. The changes introduced by the 2006 Act have profoundly altered the operation of the provisions of the law on debt security and guarantee instruments
Barsallo, Vanessa. "Le droit de propriété comme garantie non traditionnelle du crédit bancaire au Panama et en France." Paris 2, 1994. http://www.theses.fr/1994PA020058.
Full textThis thesis involves a study of the role of property as a guarantes of bank credit in panama and in france. We will see the differentes techniques by which property has a role of guarantes in bank credit. This study consists of two parts. In part one, we shall discuss the transfer of property as a guarantes : the transfer of credits as a guarantes and the trust. In the second part, we shall examine the reserve of property as a guarantes as the leasing and the conditional sale
Pretelli, Ilaria. "La protection du droit de gage général en droit international privé : l'action oblique, l'action paulienne et l'action en déclaration de simulation." Paris 2, 2005. http://www.theses.fr/2005PA020014.
Full textBui, Duc Giang. "Sûretés conventionnelles sur créances en droit français, anglais et vietnamien." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020014/document.
Full textReceivables constitute an excellent source of credit and security over receivables is available under French, English and Vietnamese law. However, if they have been recognised in English law for a long period of time, their development is quite recent in French and Vietnamese law. Moreover, although these three legal systems recognise all traditional security interests which are not based on the transfer of ownership over secur ed receivables (nantissement de créances in French law, floating and fixed charge over book debts in English law and hypothecation over debt claims in Vietnamese law), the fact that French law only recognises fiducia over receivables and assignment of trade receivables by way of security and Vietnamese judges have rejected the transfer ofownership by means of security, demonstrates that the use of functionality of ownership over receivables has not become widespread in France and in Vietnam. In contrast, in England, mortgages over receivables allow for the transfer of ownership as security, whether by way of an assignment or a novation. Finally, the hypothecation over debt claims of Vietnamese law and the fixed charge over book debts of English law show that security that does not entail the transfer of ownership can be perfectly efficient inside and outside insolvency proceedings.These approaches reveal the interests of a doctoral enterprise put in perspective from numerous economic investments and financing structures involving, in a rising fashion, economic stakeholders and international bank partners whose interests,stakes and strategies fall under (by construction, or necessity) the aforementioned jurisdictions
Riffard, Jean-François. "Le security interest ou l'approche fonctionnelle et unitaire des sûretés mobilières : contribution à une rationalisation du droit français." Clermont-Ferrand 1, 1995. http://www.theses.fr/1995CLF10167.
Full textLemaitre, Freddy. "La monnaie comme objet de sûretés." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020044.
Full textAs the law stands, security rights in money are likely to be subject to different legal treatment, depending on whether money is regarded as a tangible asset or as an intangible asset, and depending on whether sums of money as a guarantee are assimilated with the secured creditor’s property or not. Taking this observation as its starting point, the present essay suggests adopting a unified approach of legal nature of money, that is likely to justify that money should be subject to a simplified security regime. Without ignoring that it is bound to be dual, depending on whether sums of money as a guarantee are separated from the secured creditor’s property or not, this security regime would be called upon to replace the present fungible assets, bank account and receivables pledge agreements, and also security trust on receivables and money, with a single money pledge agreement.The rules of the lodging of this money pledge agreement will be designed to eliminate the never-ending debates as to whether the “cash collateral” vests ownership of the encumbered money in the secured creditor, or not. Indeed, the assimilation of the encumbered sums of money with the secured creditor’s property will involve a sui generis division of the ownership rights that will be like an irregular usufruct by way of collateral, and that will grant the creditor neither mere preferential rights, nor ownership rights, nor any right similar to the right of a security trustee, but the right to dispose of money provisionally. This right of disposal will encumber temporarily the ownership rights that will remain in the hands of the grantor of the security.The rules of its lodging being therefore clarified, the rights granted by the money pledge agreement will be enforced more quickly and more effectively since the divided ownership of money will be reconstructed in the hands of the grantor of the security or in the hands of the secured creditor, depending on whether the secured debt will be paid or not, and without there being a need to wonder if the rights granted by the pledge have to be enforced either through judicial or contractual award of the right of ownership, or through legal, judicial or contractual compensation
Macorig-Venier, Francine. "Les suretés sans dépossession dans le redressement et la liquidation judiciaire des entreprises." Toulouse 1, 1992. http://www.theses.fr/1992TOU10004.
Full textUnlike the securities based on the creditor's possessory lien and property, the securities without possessory lien, which are the most sophisticated ones, are the target of the judicial arrangement and liquidation of business law of january 25, 1985. The law endeavours first and formost to do away with as many securities without prevention of possession as possible through enforcing strengthened old and new rules specific to the former. It also changes their prerogatives. Their preferential right is reduced to a lower rank following up the setting up of a new lien. Their right to individual proceedings is greatly crippledd and their right to follow the property into the hands of third parties is restricted
Ravenne, Sylvain. "Les propriétés imparfaites : Contribution à l’étude de la structure du droit de propriété." Paris 9, 2007. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2007PA090011.
Full textWhereas ownership is usually described as an absolute, exclusive and perpetual right, some institutions, the imperfect properties, tend to strip it of one or more of these characteristics to reach a goal which is extraneous to the property. This is meant to create dedicated ownerships. Their purpose may be to secure a debt or to manage one’s property for another’s benefit. Thus, not only retention of title, leasing or trust (for security or management purposes) but also “société immobilière d’attribution” and UCITS – undertaking for collective investments in transferable securities – are imperfect properties. Hence, it has to be determined if the imperfect owner is a true owner. A positive answer can only be reached by defining ownership not as an absolute power over a property (classical materialistic definition), but as an exclusive relationship (modern exclusivistic definition)
Sagaut, Jean-François. "Ecrits de droit civil." Electronic Thesis or Diss., Paris 2, 2012. http://www.theses.fr/2012PA020024.
Full textTo be a “notaire” means completing a seven-year university course leading first to a Master 2 specialising in notarial law. This is followed by a Higher Diploma in Legal Practice, which is a recognition of the theoretical ability to exercise as a “notaire”. Subsequently it is possible to pursue applied research during one’s professional activities. This is what the author has done in the fifteen years since he obtained the “Diplôme Supérieur de Notariat”. He has published three books, has been a contributor to seven other collections, and has published nearly seventy articles which are listed in the appendix, classified according to theme. They represent the culmination of a first period of professional practice in which, kindly encouraged by the university which also welcomed him as a part-time lecturer for the same period, the author continued to carry out applied research in the disciplines he practiced in his professional activities. The published works encompass various issues of private law which fall broadly under three main categories. Firstly, there is professional law which covers articles and works dealing with both the status of “notaire” and more specifically the rules of conduct which form the essentials of the profession. Secondly family inheritance law – a discipline where the expertise of notaires has always been recognised and welcomed. And finally, what the profession calls “actes courants”, where notaires handle alternatively or cumulatively the law on obligations, special contracts and securities
Blandin, Yannick. "Sûretés et bien circulant : contribution à la réception d'une sûreté réelle globale." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020045/document.
Full textSecurities on the professional's properties form a significant way of accessing to credit. Despite many initiatives, means that enable to hold estates as security, such as stocks of goods, are not fully satisfying. The legal edifice, complex and opposed to the aim expected, prevents from using circulating assets as the basis of guarantee.This thesis identifies how to make required improvements to modernize the real security law, and so as to outline a new guarantee tool that makes the access to credit easier for companies, the global security
Amouriq, Claude. "La banque et les clauses de réserve de propriété." Nantes, 1986. http://www.theses.fr/1986NANT4002.
Full textOpposable to the bankruptcy of the vendee since the law on the 12 th may 1980, the simple property reserve clauses stipulated by the vendors of tangible personal estate can influence the conditions of concession for a banking credit for the industrial and commercial firms. In the monist structure of french law sale contract, by suspending the vendor's main obligation of giving, the property reserve clause suspends in consequence his other obligations, of delivery and guarantee; it impedes the usual way of sale and incites the vendee - especially if he may profit by a prompt payment discount - to pay cash by having recourse to a credit-system for the vendee. The bank financing their clients' purchases instead of their sales, by treasury credit, or "dailly", will see, in spite of the personalized charac- teristic of the granted credit, their financial risk dull. The property reserve clause benefit, useless to the cash-paid vendor, can - as the credit-lessor property right - guarantee it efficaciously, because the special movable secu- rities traditional exercice is today compromised in right and in fact while on the contrary the reserved property right titular disposes as for him of an absolute "preference right". The reserved property right, accessory real right of the guaranteed debt, appears, on account of the synallagmatic character of the payment convention, as a necessary accessory of the debt right, the transfer of which to the bank will enter in the contract cession scheme
Ould, Lebatt Mohamed El Hacen. "La Protections des créanciers chirographaires : essai d'une formulation synthétique." Toulouse 1, 1987. http://www.theses.fr/1987TOU10007.
Full textThe protection of the insecured creditor amounts, on a static level, to the law on general security. On a dynamic level it consists in new prerogatives which are inspired by surety law
Houin-Bressand, Caroline. "Les contre-garanties." Paris 2, 2004. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D94.
Full textLaugier, Maxence. "Les créanciers "hors procédure" ou La fuite des créanciers devant la discipline collective." Lille 2, 2002. http://www.theses.fr/2002LIL20005.
Full textThe "hors procédure" creditors, as named in French doctrine, are literally creditors "out of the Bankruptcy Procedure", bypassing the French Bankruptcy Procedure. They appear as a hybrid category of creditors prompted by a desire to flee the common discipline, which is usually associated with the fact of being a prejudgment-creditor. This flight particularly materializes through the dismissing of the bankruptcy concept of the automatic stay, revealing more generally the relative lack of concern during the bankruptcy procedure for the interests of creditors. The success of these creditors in avoiding the bankruptcy procedure especially hinders the debtor's rehabilitation goal as well as the collective and egalitarian feature underlying French bankruptcy law. The threat of bypassing-creditors, when jeopardizing the procedure, forces Bankruptcy Law to preserve itself, and hence to clarify its essence. .
Metidji, Ishem. "La délégation imparfaite." Paris 2, 2006. http://www.theses.fr/2006PA020011.
Full textOyono, Marlène. "La protection des sûretés réelles exclusives dans les procédures collectives en droit comparé franco-OHADA." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD036/document.
Full textA company, whatever it size, form or importance is never away from financial difficulties that could lead it to collective proceeding. This situation is not without any consequences on the company's players, especially, creditors, who are the main collaborators in the company's exercise. Thus, to protect themselves from the risk of insolvency of the debtor, they can try to get legitimate preferential consideration, called securities. But these one make a complicated ensemble in which we can find subgroups. In French law and OHADA law, there is, in fact, a variety of securities, as well personal securities as securities right. In general terms, it is allowed today, that, in the securities right group, those called "exclusives" - the one based on the retention or on the property of the good, subject of the guarantee - succeed to pull out in case a collective proceeding is opened. Resulting in an absolute protection of these securities. The exclusivity will allow them to avoid the rules following the opening of a collective proceeding. Besides, creditors armed with securities right will be able to break with some traditional regulation from collective discipline. Yet, the protection tied to these securities don't shielded them from the requirements of collectives proceedings. On the contrary, the validity of their protection is wildly subject to their being in these procedures, on one hand, and to the fulfillment of the goal of collective proceeding law, on the other hand. So, even though they are protected, the exclusive securities right are not above the collective procedure
Sagaut, Jean-François. "Ecrits de droit civil." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020024.
Full textTo be a “notaire” means completing a seven-year university course leading first to a Master 2 specialising in notarial law. This is followed by a Higher Diploma in Legal Practice, which is a recognition of the theoretical ability to exercise as a “notaire”. Subsequently it is possible to pursue applied research during one’s professional activities. This is what the author has done in the fifteen years since he obtained the “Diplôme Supérieur de Notariat”. He has published three books, has been a contributor to seven other collections, and has published nearly seventy articles which are listed in the appendix, classified according to theme. They represent the culmination of a first period of professional practice in which, kindly encouraged by the university which also welcomed him as a part-time lecturer for the same period, the author continued to carry out applied research in the disciplines he practiced in his professional activities. The published works encompass various issues of private law which fall broadly under three main categories. Firstly, there is professional law which covers articles and works dealing with both the status of “notaire” and more specifically the rules of conduct which form the essentials of the profession. Secondly family inheritance law – a discipline where the expertise of notaires has always been recognised and welcomed. And finally, what the profession calls “actes courants”, where notaires handle alternatively or cumulatively the law on obligations, special contracts and securities
Farhi, Sarah. "La fiducie-sûreté et le droit des entreprises en difficulté." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0036.
Full textThe fiducie is a new legal instrument introduced in the French system by a law passed in February 2007. Being a mecanism of security, or management, the fiducie’s favoured use is in guarantee of payment. Indeed, considering not only the ineffectiveness of the classical security interest systems, which confers preferential rights, but also the economic crises and bankruptcy laws, creditors look for safeties the efficiency of which is absolved. Thanks to the temporary transfer of ownerships of assets, purposely allocated to the payment of the creditor, the fiducie conveys the dream of absolute security. Besides, with its use of a temporary ownership and a special fund, the fiducie modernizes the classic principles of the French law system regarding property. It also contributes to the development of transfers of titles for security purposes in France. Therefore, a precise study of the regime of the fiducie and of its characteristics is essential ; but it is however insufficient. The development of fiducie will undeniably depend both on the coherence of its system as on its effectiveness in the insolvency of the debtor, since security law and bankruptcy law are two inseparable subjects. If protecting the creditor against the debtor's insolvency is the function of security law, treating insolvency is the function of banckrupcy law. As far as security is concerned, bankruptcy laws act as indicators of efficiency. Therefore, in order to ascertain the efficiency of the fiducie, an assessment of the treatment of this sureness in the French banckrupcy law is unavoidable
Benadiba, Aurore. "Les sûretés mobilières sur les biens incorporels : Propositions pour une rénovation du système des sûretés mobilières sur les biens incorporels en France et au Québec." Paris 1, 2012. https://www-numeriquepremium-com.passerelle.univ-rennes1.fr/content/books/9782919211630.
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