Dissertations / Theses on the topic 'Théorie générale de l'Etat'
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Ouraga, Obou Boniface. "L'Etat et les libertés publiques en Côte d'Ivoire : Essai de théorie générale." Nice, 1986. http://www.theses.fr/1986NICE0029.
Full textRaynal, Pierre-Marie. "De la fiction constituante. Contribution à la théorie du droit politique." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020058.
Full textFollowing an approach inspired by "droit politique", this work aims at considering legal fiction through the unexplored prism of legitimacy in order to study from a theoretical perspective its utility in creating legal reality, i.e. in founding the law in force. Defined through its relation to political reality, constituent fiction is a technique of justification and its function is either a matter of knowledge or of government. As an instrument of knowledge, constituent fiction is at the core of the epistemology of legal positivism. It is used to relegate legitimacy, in its most political sense, to a simple matter of "Sein, i.e". to an “extra legal” matter, as it is notably the case of Kelsen’s "Grundnorm". The first part of this work aims at showing that this isolation of law prevents a deeper understanding of its foundations. In doing so, we will try to lay the grounds for what could be an epistemology of "droit politique". As an instrument of government, constituent fiction is at the core of the State. It is used to legitimize the exercise of political power by the means of representation. Relying on the classical works of Hobbes, Locke and Rousseau, the second part of this study aims at identifying the characteristics of this system of political organization that makes recourse to fiction a necessity; whatever the form of government chosen. This recourse to fiction, considered here in its broadest sense, can relate to three distinct discursive models: fiction in its strictest sense, falsehood, or myth
Raynal, Pierre-Marie. "De la fiction constituante. Contribution à la théorie du droit politique." Electronic Thesis or Diss., Paris 2, 2014. https://eu02.alma.exlibrisgroup.com/view/uresolver/33PUDB_IEP/openurl?u.ignore_date_coverage=true&portfolio_pid=5364114140004675&Force_direct=true.
Full textFollowing an approach inspired by "droit politique", this work aims at considering legal fiction through the unexplored prism of legitimacy in order to study from a theoretical perspective its utility in creating legal reality, i.e. in founding the law in force. Defined through its relation to political reality, constituent fiction is a technique of justification and its function is either a matter of knowledge or of government. As an instrument of knowledge, constituent fiction is at the core of the epistemology of legal positivism. It is used to relegate legitimacy, in its most political sense, to a simple matter of "Sein, i.e". to an “extra legal” matter, as it is notably the case of Kelsen’s "Grundnorm". The first part of this work aims at showing that this isolation of law prevents a deeper understanding of its foundations. In doing so, we will try to lay the grounds for what could be an epistemology of "droit politique". As an instrument of government, constituent fiction is at the core of the State. It is used to legitimize the exercise of political power by the means of representation. Relying on the classical works of Hobbes, Locke and Rousseau, the second part of this study aims at identifying the characteristics of this system of political organization that makes recourse to fiction a necessity; whatever the form of government chosen. This recourse to fiction, considered here in its broadest sense, can relate to three distinct discursive models: fiction in its strictest sense, falsehood, or myth
Espinasse, Franck. "Théorie générale des perquisitions." Nice, 1997. http://www.theses.fr/1997NICE0022.
Full textBelloir, Arnaud. "Théorie générale des contrats spéciaux." Paris 2, 2002. http://www.theses.fr/2002PA020035.
Full textJacobet, de Nombel Camille de. "Théorie générale des circonstances aggravantes." Bordeaux 4, 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%3D101.
Full textMalignon, Jean-François. "Théorie générale des droits spontanés objectifs." Paris 2, 2000. http://www.theses.fr/2000PA020005.
Full textMercier, Matthieu. "La rétroactivité : (essai d'une théorie générale)." Paris 1, 2003. http://www.theses.fr/2003PA010339.
Full textGay-Lescot, Jean-Louis. "L'éducation générale et sportive de l'Etat français de Vichy (1940-1944)." Bordeaux 3, 1988. http://www.theses.fr/1988BOR30022.
Full textManie, Abdelhamid. "Lénine et la théorie marxiste de l'Etat." Aix-Marseille 1, 1993. http://www.theses.fr/1993AIX10072.
Full textDo the communism have died and the marxism fighted ever where can one again speak of a marxist theory of the state ? this work tries to land this problem in studying the concepts of the state and of the dictatorship of proletariat ; since the reflection of marx and of engels to this subject, until the stak in work of these reflection by lenine in the setting of the bolchevik revolution he pursues the evolution of this revolution in order to see to wich point has she embedded the principles of marxism, and wich sense has she complant summer to theoretical elaborations of lenine, particulary in its work the state and the revolution. A big interest there is carried on the analyses and the done critiques by some occidental intellectuals on the marxist theory of the state, and particulary on their innovations in this domain
Perruchot-Triboulet, Vincent. "Théorie générale des obligations et responsabilité civile." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32055.
Full textObligations stem from an order of the law, a contract, a contract equivalent or assumption of responsability. Irrespective of their sources, which fix their nature, these obligations are subject to a certain number of rules whose purpose is to govern their terms, their execution or their transmission. These rules, grouped together under the general theory on obligations, form an ordinary regime which is often considered as objective and perfectly insipid. The confrontation of the general theory on obligations with improper behavior shows, nonetheless, that this is not the case. The body of rules allows itself to function subjectively pushing civil liability into the background. Even better, in this case, the general theory on obligations develops dominant dynamics in order to oust civil liability from its provisions and traditional reparation and sanction functions. .
Gavaza, George-Mihai. "Vers une théorie générale des spectroscopies d'électrons." Rennes 1, 2003. http://www.theses.fr/2003REN10148.
Full textNaudet, Marie. "Le juge unique : essai d'une théorie générale." Paris 2, 2000. http://www.theses.fr/2000PA020060.
Full textHa, Ngoc Julie. "Théorie générale des contrats et contrats maritimes." Paris 1, 2010. http://www.theses.fr/2010PA010332.
Full textRabagny, Agnès. "Théorie générale de l'apparence en droit privé." Paris 2, 2001. http://www.theses.fr/2001PA020015.
Full textPortolano, Diane. "Essai d'une théorie générale de la provocation." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32046.
Full textCommon in criminal law, never undertaken in civil law or in administrative law, this research shows the wide legal approach of the notion of provocation. Despite this richness, no transverse study has never been done about it. Moreover, this notion remains undefined. Nevertheless, not only the conceptualisation of provocation has been necessary, owing to the absence of coherence regarding its approach, but this conceptualisation was also not perfectly conceivable.To that purpose, the typology of provocation’s behaviours, its nature and characterisation were able to be set up. Then, the duality of provocation, which is the result of the essential influence’s relation of the provoker on the provoked person, required studying expressions of the provocation on the one who is incited. Regarding this matter, it seemed the subjectivity of the concept of provocation often faced with the increasing objectivation of liabilities and explained, at least partially, the decline of its legal approach, in particular in criminal law. Therefore, the conceptualisation of the provocation was confronted to serious difficulties, regarding both the definition and the concept, of notions relating to provocation and inherent in the legal responsibility, such as culpability, will, intention, accountability or the causal link and imputation as well. Without expecting a total renewal of the notions belonging to the theory of liability, a clarification of these ones seems to be a necessary precondition for the conceptualisation of provocation and its practical application. Eventually, to the finding of an eminently subjective nature of provocation, must be added the one of a special legal regime. The regime of provocation, following the example of its nature, turns out to be dual: it involves or reduces the legal responsibility depending on the person charged is the provoked or the provoker. Special, dual and subjective, the legal regime of the provocation will point out its extent and assure it of real efficiency
Maulin, Éric. "La théorie de l'Etat de Carré de Malberg." Paris 2, 1997. http://www.theses.fr/1997PA020067.
Full textHuysentruyt, Johnny. "Contribution à une théorie générale de la conception." Phd thesis, Université Sciences et Technologies - Bordeaux I, 2013. http://tel.archives-ouvertes.fr/tel-00842788.
Full textHaddadin, Suhail. "Essai sur une théorie générale en droit d'auteur." Phd thesis, Université de Poitiers, 2008. http://tel.archives-ouvertes.fr/tel-00662382.
Full textHerran, Thomas. "Essai d'une théorie générale de l'entraide policière internationale." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2010.
Full textDue to the several sources and its implementation, the international mutual help between the polices tends to be a concept difficult to understand. The different ways to set up the cooperation in the different part of the world and the several evolutions known, are increasing the difficulties to understand its complexity. This study wants to show and give a clearer vision of this mutual help. Basically, there are two kinds of mutual helps: the assistance and the cooperation. The result appears after a notional study and is consolidated by the establishment of a framework. Despite a commom definition, the study of the notion reveals a duality in the international mutual help between the polices. This duality has an impact on the legal framework, as two types of frameworks are appearing: the assistance relates on the common law system and the cooperation tends to be a specific framework. Finally, it appears the international mutual helps between the polices borrows from the criminal proceedings and from the international rights their caracteristics and their influences
Wagner, Marion. "Les effets de l'infraction : essai d'une théorie générale." Paris 2, 2009. http://www.theses.fr/2009PA020050.
Full textSavaux, Éric. "La théorie générale du contrat : mythe ou réalité ?" Paris 1, 1993. http://www.theses.fr/1993PA010286.
Full textThe french law schools jurists use the words "general theory of contract" to describe the rules of positive law that are applicable to all agreements, when they do so, they actually mistake the general theory for the commonlaqw of contracts and confer upon the former a positivity which is illusory. Indeed, the analysis of the applicatioin of the theory by the same jurists shows that the general theory actually refers to one actvity of texte authorities aiming permanently at finding the nature of the deed. It also refers to the result of this activity. That is to say a scholarly common law which is a coherent set of rules emanating from a a principle related to the nature of the deed. The positivity of the general theory of contract which is usually acknowledged is therefore a myth. Its existence partakes of the whish to create an objective legal science and is also linked to teaching purposes. Moreover, its enables the text authorities to transform law while remaining seemingly respectful of the decisions made by the institutional powers
Rème, Pétronille. "Harrison C. White : une théorie générale des marchés." Paris 1, 2005. http://www.theses.fr/2005PA010063.
Full textCocherel, Malik. "Les techniques légales d'opposabilité : essai d'une théorie générale." Paris 1, 2003. http://www.theses.fr/2003PA010284.
Full textGasnier, Stéphanie. "La simplification du droit : essai d'une théorie générale." Limoges, 2012. http://www.theses.fr/2012LIMO1003.
Full textThe notion of plain law has emerged at the forefront of the legal scene to meet the worrying complexity of our law, due to many causes. This complexity brings about diverse detrimental consequences in terms of legal insecurity but also from an economic point of view as far as the attractiveness of a country is concerned. Such a situation thus reveals a drift in the making of the law, resulting from the functioning and “pathogenic” behaviours of our institutions. However the law is supposed to beclear, accurate, general, concrete, accessible and comprehensible; it should not be obscure, arcane, abstract and complex. In some cases judges can even be held responsible for its deterioration. But they now have decided to sanction the complexity of the law. The constitutional judge has come to censor too complex texts as he controls the law a priori, all the more so as he can find new tools in the new a posteriori control of the law. For this he uses essential applications of the principle of legal security such as predictability, accessibility and standard stability. The lawmaker uses the notion of plain law despite there being no clear legal definition whose very absence hampers the implementation of plain law. In the array of tools used in France to simplify the law and face the excessive production of legal documents there is primarily codification whose purpose is to make the law more simple, more accessible and better quality. But for the time being many flaws are preventing it from accomplishing its mission thoroughly. Besides it has limits in that it only concerns laws currently in force. However in the name of the principle of legal security and the ule of law, the aim of plain law does not consist in merely adjusting legal documents a posteriori but derives from mechanisms intervening upstream in the lawmaking process through the addition of quality requirements to the drafting of the law standard. Thus, in the very drafting of the law, the science of legislation from both a formal and material point of view can deliver an attempt at developing principles of good legislation so as to restore the force of the law
Forray, Vincent. "Le consensualisme dans la théorie générale du contrat." Chambéry, 2005. http://www.theses.fr/2005CHAML047.
Full textBlough, Rachel. "Le Forçage, du contrat à la théorie générale." Paris 11, 2008. http://www.theses.fr/2008PA111006.
Full textBahans, Jean-Marc. "Théorie générale de l'acte juridique et droit économique." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40032.
Full textTHE ANALYSIS OF THE STRUCTURE OF THE JURIDICAL ACT IN ECONOMIC LAW CONFIRMS THAT THIS STRUCTURE IS FUNDAMENTALLY DUALISTIC, BEING BOTH SUBJECTIVE AND OBJECTIVE. THE REVIVAL OF THE SUBJECTIVE STRUCTURE ANSWERS THE COMPLEXITY OF THE OBJECTIVE STRUCTURE. THIS COMPLEXITY IS EXPRESSED BY THE COMBINATION OF MORE AND MORE NUMEROUS OBJECTIVE ELEMENTS (length OF TIME AND ECONOMIC DEPENDENCE) AND HETEROGENEOUS OBJECTIVE ELEMENTS (ECONOMIC PUBLIC ORDER AND SELF-REGULATING SYSTEM). THE REVIVAL OF THE SUBJECTIVE STRUCTURE IS FIRST ACHIEVED THROUGH THE NECESSARY QUALITY OF THE SUBJECTIVISM, BECAUSE WILL MUST BE EFFECTIVE AND ENDOWED WITH A SPIRIT OF COLLABORATION RESTORING THE IDEA OF CONTRACTUEL FREEDOM. THE DEGREES OF SUBJECTIVISM MUST BE TAKEN INTO ACCOUNT TOO, BECAUSE OF THE EXISTING VARIABLE SCALE OF DENSITY OF SUBJECTIVISM AND OF THE DEEP DIVERSITY OF SUBJECTIVE ELEMENTS ACCORDING TO THE JURIDICAL ACTS. NOW, WHILE THE STRUCTURE OF THE ACT IS DUALISTIC, ITS BASIS IS MONISTIC. SUBJECTIVISM AND OBJECTIVISM ARE LINKED BY A DIALECTICAL MOVEMENT, IN THE HEGELIAN MEANING OF THE WORD, THEY ARE INSEPARABLE OPPOSITES FINDING THEIR SYNTHESIS IN A SUPERIOR CATEGORY : THE CAUSE OR CONSIDERATION. THE CAUSE IS THE DIALECTICAL SYNTHESIS OF THE DYNAMIC CAUSALITY, COMING FROM VOLUNTARY CREATION, AND THE STATIC CAUSALITY, COMING FROM THE JURIDICAL ORDER, AND CAN THUS BE DEFINED BY THE NOTION OF INTEREST. INTEREST IS EXPRESSED BY WILL, IT INTEGRATES THE ECONOMIC OBJECTIVE SOUGHT BY PARTIES AND IS SUBJECTED TO A FORWARD-LOOKING ORGANIZATION MADE BY LAW. THE JURIDICAL ACT CAN BE DEFINED AS AN ACT OF WILL CREATING A NEW JURIDICAL SITUATION IN CONSIDERATION OF AN INTEREST WHICH IS PROTECTED, IF NOT ORGANIZED BY LAW AND PROVES TO BE ABLE TO FEDERATE THE JURIDICAL ACTS AS A WHOLE. THE CAUSE IS THE LINK BETWEEN WILL AND THE JURIDICAL ORDER AND IS THE BASIS WHICH JUSTIFIES THE BINDING POWER OF THE JURIDICAL ACT. THE LINK CAN BE PERFECT OR IMPERFECT (GENTLEMAN'S AGREEMENT). THE LINK MUST BE AND REMAIN WHAT JUSTIFIES THE READJUSTMENT OF CONTRACTS. AS THE FIELD OF THE BINDING POWER IS INSEPARABLE FROM THE SPHERE OF ITS BASIS, NEW LIGHT IS SHED ON THE QUESTION OF THE RELATIVY OF CONVENTIONS ; THE CESSION OF CONTRACTS IS JUSTIFIED BY THE PERMANENCY OF THE CAUSE AND GROUPS OF CONTRACTS ARE CHARACTERIZED BY THEIR UNITY OF CAUSE
Bouathong, Patrick. "Les universalités de droit : essai d'une théorie générale." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D036.
Full textFrench Law has been familiar with the notion of "l’universalité de droit" - which one can call a "universal mass" - for a long time. It is often linked to collections of assets or the patrimony and it seems to have developed to a certain extent today. It is traditionally presented by the doctrine as a coherent mass of assets and liabilities. One can identify such a mass when looking at a patrimony, a trust, a securitization fund or even a ship but also when studying the undivided property or the community between spouses. All those masses of assets and liabilities seem to share common characteristics, as well as a common structure and a common role in the judicial system. Thus, it is surprising that no statute or law have ever tried to present it as a proper and unique notion. The private judicial system in France is built on the idea that liabilities are guaranteed through the debtor's assets. Studying the universal masses of the French Law system can help realizing that all of them arc created for one purpose : limiting liabilities to certain assets only. Therefore, this essay is meant to present a clear definition or the universal mass and improve one's understanding of it. This approach of the universal mass can help building a more coherent set of rules to be applied to various situations. Understanding the role of the universal mass plays an important part in creating those rules. Since creating one of these masses also creates a limitation of liability for the debtor, it is crucial to set out some ways to protect the creditor. It is a matter of balance; in a way, it is a matter of justice
Thomassin, Nicolas. "De la Propriété : contribution à une théorie générale." Paris 11, 2009. http://www.theses.fr/2009PA111014.
Full textBerger-Tarare, Célia. "La responsabilité du fiduciaire - Essai de théorie générale." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30065.
Full textThe trust is both an ancient concept and a modern instrument which can fulfill the most diverse functions. Introduced in France in 2007, the French fiducie is growing and it has become necessary to focus on a key issue : the liability of the French trustee. Roman fiducia and the Anglo-Saxon trust have shown that the efficiency of its implementation was crucial to the success of the institution. Yet, the rules regarding the fiducie mechanism and the liability of its main actor are largely incomplete. In this regard, Article 2026 of the French Civil code only indicates that “the trustee is responsible, on his own property, for breaches of the trust committed during the performance of its mission”. Ambiguous and debatable, this provision does not reveal its meaning at first reading. An historical, comparative and exegetical analysis entitles the reader to understand the mechanism of the French fiducie. A coherent structure of the liability of the French trustee – both owner of a separate patrimony and debtor to the settlor and the beneficiary – can be drawn, which results in a balanced system between the different interests in consideration, while ensuring the protection of the settlor and the beneficiary
Gauchon, Charlotte. "Juges non professionnels et théorie générale du procès." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1075.
Full textLay judges cannot be reduced to a single concept as the unity of this concept is relative. The definition of lay judges gather different features. They are non-magistrates third party directly or indirectly attached to a court with a jurisdictional function. Their task is unusual and they lack of compensation goals. This definition previously stated does not yet allow to postulate a legal category. The categorisation itself would imply the search of common grounds between the objects of study. The success of the project depends on the findings of unity between the lay judges themselves and on significant difference compared to the professional judges. The main function of a general theory of the trial dedicated to lay judges is to answer these following questions. What are the institutional and procedural features of lay judges? Are they sufficient to conclude that there is a legal category? Would the lay judges fit in the line of professional judges forming a simple variant in a broader legal category? The research will be divided into two stages, both organised around a fundamental distinction. The first part, of institutional order, will be an opportunity to study the relationship between the right to trial and the lay judges. The second part, of procedural order, will analyse the relationship of lay judges with a right for trial
Pichet, Eric. "Essai d’une théorie générale des dépenses socio-fiscales." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020075.
Full textStanczak, Romain. "Les promesses de payer : essai de théorie générale." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1006.
Full textPromises to pay are contracts by which a person commits to pay to a creditor what is owed to him. Such acts are as common as they are various. For instance, bond, acceptance of a bill of exchange, promise to perform a natural obligation, commitment of the delegate to the delegatee, autonomous guarantee, subscription of a promissory note, etc. are promises to pay. In fact, such acts are different applications of a single legal figure : the promise to pay. Apart from the specificities of each of its applications, the promise to pay reveals itself as a uniform legal act with a permanent nature. Because its subject consists in a payment, the promise to pay always presupposes the existence of a debt. Such debt, or “primary obligation”, is the “objective cause” of the promise. Unlike a simple “IOU”, a promise to pay is not limited to declare the existence of the primary obligation. As a commitment, it also produces a new obligation, the “obligation to pay”, which coexists with the primary obligation. The obligation to pay, as such, is ancillary to the primary obligation. Its legal status, from its birth to its expiration, will be closely linked to that of the primary obligation
Shimizu, Kazumi. "L'économie politique de François Perroux : une théorie générale." Grenoble 2, 1998. http://www.theses.fr/1998GRE21019.
Full textThis thesis attempts to determine the characteristics of fr. Perroux's economic theory and to clarify its structure. The first chapter deals with his "domination theory" starting with the concept of "power", which is elaborated as "domination effect", whereas the second chapter concerns the economic dynamics of fr. Perroux, with special emphasis on the specific agent of "nation". These two previous chapters allow to understand his methodology known as "methodological collectivism", and to lay out the structure of his economics from three points of view : regulationist, internationalist, and saint-simonian. Each aspect is explained respectively in each of the last three chapters. The conclusion focuses on the absence of two concepts in his economics, money and crisis. In which the absence of "money" is related to that of "crisis". Paradoxically. In spite of this absence, fr. Perroux has developed two necessary concepts to explain the current crisis : the first is the "cooperative struggle (lutte-concours)" between dominant national economies, the second being the "domination effects" of strong "macro-units"
Tharaud, Delphine. "Contribution à une théorie générale des discriminations positives." Limoges, 2006. https://aurore.unilim.fr/theses/nxfile/default/27237f20-e3dd-472d-acaa-a64c53d0198d/blobholder:0/2006LIMO0514.pdf.
Full textPositive discriminations are unquestionably in vogue, but the debates surrounding them do not spread out on solid bases. Often confused by the reference to the American affirmative actions and by a stripped European and Community jurisprudence, the doctrinal reflexions often forget the essence. Before discussing their implementation and its potential disadvantages, still is necessary to know the bases of positive discriminations. However, if their mechanism is known - a legal differentiation in order to arrive at the real equality - it remains to discover the criterion which delimits their existence: that of the discriminatory prejudice intervening at the time of a horizontal or vertical relation. Secure in the strength of its new element, the theorization of positive discriminations can be done in all serenity and thwart the traps of criticisms formulated without true consideration of the nature of positive discriminations. If shelves exist, these levelling measurements seem nevertheless relevant when they profit from limits as traditional as the proportionality or the general interest, or more singular as fraternity. The study of their relevance shows how much the absence of theorization carried out positive discriminations to be victims of prejudices
Carpentier, Yan. "Essai d'une théorie générale des aménagements de peine." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0125/document.
Full textSentence adjustment spearheads a new criminal policy of fight against recidivism based on integration orrehabilitation of convicted people. The number of measures qualified as sentence adjustment increased throughoutthe XXe century. However, as scattered reforms kept accumulating, no overall study regarding sentence adjustmenthas taken place. As a result, even though France is surely the European country that uses them the most, the conceptof sentence adjustment has never been constructed. France indeed seems to be the most fertile country regardingsentence adjustment, creating many different mechanisms. Since the technical sense of the notion of sentenceadjustment remains blurry, a general theory of sentence adjustment is necessary.A general theory seems to be the surest way to try to find a coherence among those various measures. Butthere cannot be a general theory if it is not possible to identify abstractly what is a sentence adjustment. Nowadaysthe normative disorder blurred the lines between enforcement of a sentence, sentence adjustment and preventivedetention. Therefore, a general theory would help build the concept of sentence adjustment itself. Besides, theconstruction of a concept would make it easier to assess the one technique behind all those mechanisms. By doingso, the general theory of sentence adjustment would restore some clarity to the law and give all of its consistencyto a system tending to give a sense of responsibility to the convicted
Carpentier, Yan. "Essai d'une théorie générale des aménagements de peine." Electronic Thesis or Diss., Bordeaux, 2016. http://www.theses.fr/2016BORD0125.
Full textSentence adjustment spearheads a new criminal policy of fight against recidivism based on integration orrehabilitation of convicted people. The number of measures qualified as sentence adjustment increased throughoutthe XXe century. However, as scattered reforms kept accumulating, no overall study regarding sentence adjustmenthas taken place. As a result, even though France is surely the European country that uses them the most, the conceptof sentence adjustment has never been constructed. France indeed seems to be the most fertile country regardingsentence adjustment, creating many different mechanisms. Since the technical sense of the notion of sentenceadjustment remains blurry, a general theory of sentence adjustment is necessary.A general theory seems to be the surest way to try to find a coherence among those various measures. Butthere cannot be a general theory if it is not possible to identify abstractly what is a sentence adjustment. Nowadaysthe normative disorder blurred the lines between enforcement of a sentence, sentence adjustment and preventivedetention. Therefore, a general theory would help build the concept of sentence adjustment itself. Besides, theconstruction of a concept would make it easier to assess the one technique behind all those mechanisms. By doingso, the general theory of sentence adjustment would restore some clarity to the law and give all of its consistencyto a system tending to give a sense of responsibility to the convicted
Bauby, Pierre. "Les marxistes et l'Etat dans la France contemporaine : contribution à une théorie de l'Etat-stratège." Paris, Institut d'études politiques, 1990. http://www.theses.fr/1990IEPP0010.
Full textThe preliminary chapter of this research, which is limited to contemporary France, is dedicated to an analyse of marxism's crisis and to the growth of a questionable renewal consisting in implementing a living marxism based on the contradiction theory. The first part shows that contemporary French marxist theory concerning the State is still essentially connected to instrumentalism and emphasizes that the latter reveals itself unable to explain realities and leads to theoretical, political and practical deadlocks. The second part attempts to consider the State as a contradictory unit, its organisation - political State and machinery - as well as its actions ans its relations with society. That approach appears to be carrier of a theoretical renewal, an alternative to instrumen- talism and to the conception of State neutrality, put in concrete form by the concept of the strategist-State" ; i. E. : the State attemps to seize the various points of views and contradictions of society, to elaborate a comprehensive and long term view of society's enlarged reproduction, and to carry it out
Ravel, d'Esclapon Antoine de. "Théorie de la libération du débiteur : Contribution à la théorie générale de l'obligation." Paris 2, 2010. http://www.theses.fr/2010PA020055.
Full textKolimedje, Yelian Léonce Frédi. "La théorie générale des contrats d'affaires dans l'espace OHADA." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D002.
Full textThe business Law in Africa appears as a labyrinth in front of which we show vague desires to get. Actually we notice a superimposing of resulting standards from a diversity of legal instruments. The diversity is the resultant of an outfit of economic zones (UEMOA,CEMAC, ECOWAS, in particular), a kind of several European unions based on two fundamental legal systems which coexist : Civil Law and Common law. So, there is a difficulty considerably reduced, but far from being finished inherent to the even judicial legal insecurity. With the aim of establishing a point of attraction to the foreign investors especially, and in a concern of contribution to the work of «standardization» and not simple harmonization of the business law which the legislator of OHADA has begun since October 17th 1993, at Port-Louis in Ile-Maurice, by setting up the Treaty of the Organization of the harmonization of Busines law in Africa, it seems to us imperative and convenient to develop and strenghen a general theory relative to contracts. The general theory within the framework of our researches will limit itself to business contracts because we start from the postulate that this category of contracts constitutes the base of any economic operations. The general theory of business contracts would then mean setting up a common law of business contracts in OHADA area. The aformentionned general theory of business contracts has to fin its anchoring in the pre-existent measures without giving up the introduction of new rules susceptible to contribute to its success. However they have to remain compatible with the various uniform Acts of the OHADA, the ingenious work already achieved by the legislator ofthe OHADA and especially not reject the inheritance of the french legal system in order to be effective. Our reflection will find its base in the study of substantive law of the OHADA and French, and, the forward-looking law emanating from drafts from the contract law on one hand, but also from miscellaneous other legal instruments on the other hand, which will allow us to establish the legal rules even the measures that must prevail in the contractual business relationsof the OHADA, to highlight the homogeneity, the uniqueness or the diversity of this contractual business system, to point out the faithful relation or not that the OHADA with the french legal system maintains
Jachmig-Joly, Patricia. "La garantie des vices cachés : essai de théorie générale." Paris 2, 1997. http://www.theses.fr/1997PA020073.
Full textChéritat, Véronique. "Les modes d'évolution de la théorie générale du contrat." Orléans, 2004. http://www.theses.fr/2004ORLE0006.
Full textRingler, Solène. "Existe-t-il une théorie générale de l'avant-contrat ?" Toulouse 1, 2010. http://www.theses.fr/2010TOU10079.
Full textUnknown, misunderstood, disliked, the precontract suffers from the evil of misunderstanding in French law. Doctrine, case law, legislator, worry more about its pratical applies than its theorical study. One-sided promises, preference pacts and other preliminary contracts collect henceforth all the intentions and darken inevitably the precontract. And nevertheless ! Only this federative notion allows to understand the contractual progress which leads parties to be bound step by step. The precontract belong to the time which precedes the contract. The revealing of a unitarian conception of the notion presents a major interest, because the precontract comes along inevitably with legal rules giving evidence of the strength of the commitments signed by the parties. The search of a general theory consequently leads to reveal the real legal outlines of the precontract but also its force within the preparatory period to the contract
Boujeka, Augustin. "La provision : essai d'une théorie générale en droit français." Paris 10, 1999. http://www.theses.fr/1999PA100029.
Full textRzepecki, Nathalie. "Droit de la consommation et théorie générale du contrat." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30004.
Full textThis thesis deals with relationships between consumer law and general contract theory. With this end, we first ask ourselves the question regarding the existence of consumer law in face of general contract theory in order to exist, consumer law should present itself as a true branch of law, in others words, a true law, an + ensemble ;, instead of a simple grouping of specific rules, a + compilation ;. While a simple grouping of specific rules is the result of common aim, an + ensemble ; is caracterised by a union of this rules into a superior averall law. There is an + ensemble ; when the regroupment is endowed with applied objective criteria and a clear common law. Applied to consumer theory, this distinction only allows us to conclude the existence of a + compilation ;. This conclusion determines the relationships that the special law holds with general contract theory. As there is no + ensemble ;, judges are obliged to turn to general contract theory when special law is incomplete or unclear
Capdepon, Yannick. "Essai d’une théorie générale des droits de la défense." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40029.
Full textIf it is agreed that defense rights are a fundamental principle of procedural law, without which, no trial could besaid to be fair, the technical sense of this concept still remains obscure today. Traditionally defined as anensemble of guarantees, which each party to the proceedings is entitled to in order to defend its interests, thisplural approach to the concept does not however remove all uncertainties. It especially does not allow us torationally understand all the situations in which we can see its concrete and technical application.Among the different guarantees, defense rights seem to present themselves as a distinct, separate concept. Theyare in themselves a true standard introduced into the substasntive law in the form of a fundamental principlewhere the different guarantees ensure its effectiveness. Stating that any person subject to a decision-makingauthority should be able to defend her or himself, that is to say to support or to deny a claim, this legal standardencompasses, concretely, positive law by basing both the nullity of a procedure and the irresponsibility of anoffender
Capdepon, Yannick. "Essai d’une théorie générale des droits de la défense." Electronic Thesis or Diss., Bordeaux 4, 2011. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247127825.
Full textIf it is agreed that defense rights are a fundamental principle of procedural law, without which, no trial could besaid to be fair, the technical sense of this concept still remains obscure today. Traditionally defined as anensemble of guarantees, which each party to the proceedings is entitled to in order to defend its interests, thisplural approach to the concept does not however remove all uncertainties. It especially does not allow us torationally understand all the situations in which we can see its concrete and technical application.Among the different guarantees, defense rights seem to present themselves as a distinct, separate concept. Theyare in themselves a true standard introduced into the substasntive law in the form of a fundamental principlewhere the different guarantees ensure its effectiveness. Stating that any person subject to a decision-makingauthority should be able to defend her or himself, that is to say to support or to deny a claim, this legal standardencompasses, concretely, positive law by basing both the nullity of a procedure and the irresponsibility of anoffender
Bouretz, Pierre. "La théorie de l'Etat et du droit chez Max Weber." Paris, Institut d'études politiques, 1994. http://www.theses.fr/1994IEPP0016.
Full textTheory of state and law is the core of Max Weber's thought. But the extent of this thought and its conflicts force to interrogate the position given to this theory in a methodological and philosophical project, focused on the interpretatioin of modernity, within the paradigm of desenchantment of the world. First part tries to underline the ways taken by this desenchantment, that explain the formation of modern state and law. Beginning by the religious problem of the imperfection of the world. Within the rationalization of economical and political activities. By a process that leads to the legitimate violence monopoly. Second part analyses the formal aspect of modern state : the rational structure of law, legality as a paradigm, legitimacy and its logics. Then it compares Max Weber's critique against this political and juridical world to other contemporary interpretations of modernity. Is the desenchantment of the world leading to political and philosophical relativism ? Is it possible to give a rational foundation to legitimacy ? How can we conceive the welfare state, in the framework of a practical reason theory and by the experience of democrary ? Conclusion comes back to Max Weber's thought interpretation. To the idea of a crisis for the European culture. To the legacy from a great theory of the modern world. To the linkage between this thought and the twentieth century
Demangel-Peudpièce, Stéphanie. "Eléments pour une théorie de l'immunité de contrainte de l'Etat." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30020.
Full textAn examination of the State's immunity from constraint amounts to an examination of the State's legitimacy. The question of immunity goes back to the religions foundation of law : that which is sacred cannot be constrained. An analysis of the historical sources of administrative law and the identification of the basis of immunity from constraint in modern political philosophy and in legal theory will throw more light on the origin of the State's immunities and privileges in the areas of jurisdiction and execution. From the outset the protection of the State against procedures of constraint has consisted in establishing the principle that the State has absolute immunity. The development - on a domestic level and internationally - of civic-mindedness and public morality and the development of liberal philosophy, of human rights, of the rule of law and of democratic ideology on a universal, but above all European, level have led to a relativization of the notion that enforcement proceedings cannot be brought against the State. However, the classic principles governing the State's immunities and privileges in the area of jurisdiction and execution have not been completely overturned; the State's "mystical corpus" remains protected from the sacrileges of court-enforcement, which ultimately exists only against the State's "domestic corpus"