Dissertations / Theses on the topic 'Traitement judiciaire'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 34 dissertations / theses for your research on the topic 'Traitement judiciaire.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Ghandour, Bertille. "Le traitement judiciaire des entreprises en difficulté." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20025.
Full textTraditionally, insolvency law appeals to the judicial authority to apply its provisions and to carry out its aims. However, regarding the evolution of this law, the exclusive judicial treatment of the difficulties is challenged. Indeed, it is no longer only to punish but more to prevent difficulties and safeguard businesses, which distorts the judicial office of the judge. In addition, traders are not the only ones affected by this law, leading to the outbreak of jurisdiction. Subsequently, there is a need to consider other modes of treatment. Taking into account the existence of an administrative process, known by over-indebtedness, but also by businesses, and promoting alternative dispute resolution of difficulties, another path can be proposed for the management of the economic impossibility of performance. The legitimacy of the judge, whose interventions would be refocused and skills specialised, would be strengthened in relation to the treatment of undertakings facing difficulties
Olive, Agnès. "Les chèques sans provision : sociologie législative et traitement judiciaire." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32003.
Full textFailure of penal verification about cheques without cover. Recourse to bank verification banking prevention and banking penalty
Khatchadourian, Minas. "Le traitement judiciaire et arbitral du contentieux des contrats internationaux." Montpellier 1, 2002. http://www.theses.fr/2002MON10012.
Full textAiriau, Marine. "Le traitement judiciaire des auteurs de violences au sein du couple." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA015.
Full textThe judicial treatment of the perpetrators of conjugal violence has evolved since its inception, as this study’s first part intends to demonstrate. The evolution becomes apparent through the exposure of such violence by society and by law as well as the need for specific treatment for perpetrators of conjugal violence. The permutations in French criminal policy lean towards increasing severity in sentencing, marked by legislative acceleration in domestic law as well as the influence of European and international law. The second part of this study examines the limits of the judicial treatment of the perpetrators. Some of its limits are structural, contingent on general difficulties encountered in court, while others are legal limits. Finally, certain limits occur during the sentencing and the implementation of the sentence. To question the limits is not to deny the possibility of overcoming them, as this study argues
Rafin, Nicolas. "Quand la séparation tourne à l'affrontement judiciaire. . . : de l'émergence du modèle du « bon» divorce au traitement judiciaire des séparations conflictuelles." Nantes, 2012. http://www.theses.fr/2012NANT3034.
Full textFimayer, Agnès. "La détresse financière des entreprises : trajectoire du déclin et traitement judiciaire du défaut." Strasbourg, 2011. http://www.theses.fr/2011STRA0002.
Full textThis thesis aims to evaluate the efficiency of bankruptcy laws on an ex ante and ex post point of view according to three criteria : their financial efficiency, their social efficiency and their macroeconomic coherence. First, we analyze the economic and financial path of default and its legal treatrnent in order to determine the potential costs induced by the social objectives (employment preservation) of French bankruptcy law in terms of recoveries for creditors. We find that the legal treatrnent of default is in France implemented in the spirit of the objectives defined and hierarchized by the law, and that the court undertakes measures in order to also protect financial interests; this result invalidates our hypothesis that these two objectives are incompatible. Subsequently, we adopt a Law and Finance approach in order to bind bankruptcy codes to national environments. We offer an appreciation of the macroeconomic degree of coherence of default, which is in our opinion an element of its efficiency
Pemzec, Audrey. "La contrefaçon en ligne : le traitement judiciaire des atteintes aux droits de propriété intellectuelle." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0095.
Full textThe meeting between property, protected by property rights an the internet has not been easy. Omnipresent, intangible and anonymity are so many of the particularities of the internet that jeopardize the privilege of the owners of intellectual property rights. In this context the identification of uses covere by an intellectual property right is a key issue in determining the scope of online counterfeiting. In this digital environment, the scope of intellectual property rights can be revealed by studying the mass of infringements they are subjected to. The above analysis is unbiased. This undeniably results in a limitation of the scope of exclusive rights in the digital environment. In addition, the protection of intellectual property rights is also weakened when dealing with cyber-counterfeiting. In this field, the intervention of private international law is frequent since when the infringements of intellectual property rights begin having an element of foreignness. However, the territorial attachment criteria provided by the conflict’s rule make it difficult to determine the competent jurisdiction in a partially or totally dematerialized legal dispute. The responsibility of Internet protagonists also has many weaknesses promoting the dissemination of any type of information
Berliner, Hélène. "Les mutations du traitement juridictionnel en matière d'entreprises en difficulté." Nice, 1990. http://www.theses.fr/1990NICE0020.
Full textRahimian, Chervin. "Le traitement des difficultés des très petites entreprises." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA014.
Full textSmall businesses constitute a category of enterprise for which anticipating the difficulties is complex. As of December 31, 2016, 20 % of the national employment was carried by these small businesses, and they represented almost all existing companies in France. The 2005 “Loi de sauvegarde des entreprises” and its subsequent reforms in bankruptcy law have not managed to address the problems encountered by the latter : almost 70% of the proceedings concern cases of direct bankruptcy, proof that the challenge of protecting these enterprises remains whole. In more than two cases out of three, the judge and the procedural authorities are thus forced to observe the struggles of the small businesses, with no opportunity to contribute to their recovery. The so-called “Groupement de prévention agréé”, which has existed since 1985 but has not been able to develop along side preventive procedures, seems nevertheless to be an ideal solution in order to deal with this question
Romero, Marie. "Le traitement juridique des délits sexuels sur mineurs, une enquête de sociologie législative et judiciaire." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH017.
Full textWe are witnessing an important evolution in Western society of the condemnation and legal justice as regard to sexual violence towards children, teenager especially girls, but also young boys. It is in this context that my research has been carried out. There has been a double inquiry; legislative sociology; and judicial sociology. They put up to date the important placing of age reference, the evolution as regarding sexual norms and representations of illicit sexual relations.The firs investigation of legislative historic sociology carries on the evolution of French penal codes dating from the French Revolution to today. It is censed on slow mutations of categories of incrimination that consent (no longer the matrimonial state) becomes the major point that separates permission and the forbidden. The second inquiry of judicial sociology was carried out int the archives of two correctional courts, two children correctional courts in the South of France. It carries upon the documentation of eighty-one judged cases from 2010 for sexual offences against minors. The aim is to put light upon penal qualification of facts, not only the problem of legal proof but also changes as regard to social and judicial norms. The point these two inquiries have in common i the update of two forms of sexual consent: statuary and situation.Throughout this research, the facts were analyzed from different angles: the social-juridical treatment of ages status (minors vs of age and minors vs minors). The meaning given to the age of consent, and legal responsibility; the legal difficulties as regard to incest and finally gender discrepancies between victims and aggressors
Dibandjo, Malther Alain Langue. "La fonction judiciaire dans le traitement des défaillances des sociétés depuis le code de commerce de 1807 : étude comparative sur l'intervention judiciaire en France et au Cameroun." Lyon 3, 2000. http://www.theses.fr/2000LYO33041.
Full textGianola, Lucie. "Aspects textuels de la procédure judiciaire exploitée en analyse criminelle et perspectives pour son traitement automatique." Thesis, CY Cergy Paris Université, 2020. http://www.theses.fr/2020CYUN1065.
Full textCriminal analysis is a discipline that supports investigations practiced within the National Gendarmerie. It is based on the use of the documents compiled in the judicial procedure file (witness interviews, search warrants, expert reports, phone and bank data, etc.) to synthesize the information collected and to propose a new understanding of the facts examined. While criminal analysis uses data visualization software (i. e. IBM Analyst’s Notebook) to display the hypotheses formulated, the digital and textual management of the file documents is entirely manual. However, criminal analysis relies on entities to formalize its practice.The presentation of the research context details the practice of criminal analysis as well as the constitution of judicial procedure files as textual corpora.We then propose perspectives for the adaptation of natural language processing(NLP) and information extraction methods to the case study, including a comparison of the concepts of entity in criminal analysis and named entity in NLP. This comparison is done on the conceptual and linguistic plans. A first approach to the detection of entities in witness interviews is presented.Finally, since textual genre is a parameter to be taken into account when applying automatic processing to text, we develop a structure of the « legal » textual genre into discourse, genres, and sub-genres through a textometric study aimed at characterizing different types of texts (including witness interviews) produced by the field of justice
Meier, Marsella Carole. "L'effectivité du processus répressif dans le traitement de la cybercriminalité (enquête sur le système judiciaire français)." Paris 2, 2005. http://www.theses.fr/2005PA020021.
Full textRhalib, Mohamed Lahbib. "La place du juge dans le traitement des difficultés de l'entreprise en droit marocain." Perpignan, 2005. http://www.theses.fr/2005PERP0594.
Full textThe thesis highlights the role of manager of the judge who, like any manager, must be able, at the stage of the execution and the circumstances, to inflect the beforehand adopted strategy. But the influence of the judge on the economic problem goes up of a degree: the device of the judgement brings the solution directly from there; the judge replaces the qualified social body to dictate control to be followed in the social affairs. The obligation which is made to him give solutions of right to questions which often are ordered by options in economic matter, and the obligation which is there his to return justice to the noblest direction of the term, inevitably involve a certain economic impregnation whose judge cannot abstract himself. It results a double apparently contradictory process from them; on the one hand, the judge inflects certain legal concepts to give them an economic colouring, while on the other hand, and in opposite direction, the judge, confronted with economic concepts, endeavours to give them a legal colouring. The phenomenon is all the more frequent since the modern economic legislation delivers to the judge concepts with raisonnance economic of which the least which one can say is that they are dubious in their contents and very variables in their appreciation. This thesis falls under this mobility: how the judge can inléchir certain legal concepts to give them an economic colouring? and how, in direction, can it, once reverses confronted with economic concepts, to endeavour to give them a legal colouring?
Masker, Davys. "Traitement juridique de la prodigalité sous l'Ancien Régime." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLS117/document.
Full textIt is difficult to categorize the concept of Prodigality: between madness, weakness of mind or a simple trait of character. The legislator hesitates not only about the solution to be adopted but also about the need to intervene.The Romans were undoubtedly the first to define and codify the curatorship of the prodigals in the law of the XII Tables by implementing the legal inability of the prodigal.The society of the Ancien Régime is a fertile ground for the development of prodigality. Indeed, both the bourgeoisie and the nobles wish to protect their wealth from the voracity of an heir. The former legal inability due to prodigality is then exhumed alongside other devices, constituting a real arsenal available to families.The relatives are ruthless, sometimes using very easily the legal measures at their disposal against the one who endangers the durability of the family inheritance. With prodigality, often associated with other failings such as gambling, debauchery, drunkenness or idleness, modes of neutralization become privileged tools not only to put an end to excessive spending but also to control attitudes that disturb the social order on which Ancien Régime society is based. The extension of the legal inability to "madly" remarried widows to persons too far from their social condition (article 182 of the Blois Ordinance of 1579), regardless of any prodigality, is a perfect illustration of this.Despite the changes made to the legal inability during the Ancien Régime, this provision has critical flaws (cost and length of the procedure, humiliating nature, difficulty in providing proof of prodigality, uncertain outcome) which will lead families to turn away from it. Thus, the excesses of the prodigals are sometimes curbed by a separation of property between husband and wife, an unofficial disinheritance , a fideicommissum , a promise to keep the succession or a confinement.The excesses of families are denounced by the Enlightenment. Thus, the royal power supervises certain devices more strictly and the magistrates themselves are reluctant to pronounce prohibitions for simple prodigals. To compensate for this lack, they are even at the origin of an original provision: the judicial council.With the Revolution, the question arose whether to continue interfering with the prodigal's affairs. In any case, if there is a neutralisation measure, it must respect individual freedoms and the right to property.After fierce debates, the preparatory work reveals that, the prodigal will continue to benefit from legal protection by transposing into the civil code the jurisprudential creation of the judicial council.This study will examine the different legal techniques available but also the foundations that have innervated legislation, jurisdictional activity and doctrine
Mouma, Nordine. "La défaillance des entreprises au Maroc et le traitement de leurs difficultés à la lumière de la jurisprudence." Perpignan, 2014. http://www.theses.fr/2014PERP1181.
Full textThis work is about private law, taking into account the historical legal borrowing from French Law and the comparison between the Moroccan and French law. Research has highlighted the position of the law and jurisprudence, and critical appreciation and scope of the Moroccan law and the Code of Commerce. The historic evolution of the Moroccan law regarding the company’s difficulties, as well as its main source that is the French legislation have marked beyond doubts the practice of trade but also the environment of the business more generally. The objective of the research is to undertake a study on the issue of the concept of failure in the treatment of business difficulties between law and jurisprudence to assess the consistency and effectiveness of court and judicial system. Case law has contributed to the treatment of failing firms, with quick and simple jurisprudential procedures; therefore, it has filled the deficiencies of the legislature. Up to now, a wave of change has taken place in the legislative and jurisprudential level in order to save the companies and creditors: practices are less oriented towards systematic liquidation or dissolution of companies in case of cessation of payments. The approach we want to propose articulates the theoretical and qualitative study case in a parallel and simultaneous and jurisprudence way by examining and analyzing all that relates to the issues raised
Alexis, Marie-Ange. "Enfance en danger : critères et traitement des situations." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2016.
Full textThe protection of children at risk remains a sensitive area. The French law system ensures to respond to the different situations that children may face, but the recently identified dysfunctions led the legislator (or lawmaker) to reorganize the system of protection. The law of March 5, 2007 on children’s protection brought many updates in response to the professionnals’ needs. However, the reform is struggling to be implemented in practice. The occasioned disappointments invite to reevaluate this system.The study of the protective plan of childhood brings to the conclusion of an obvious need for implementation. The perspective of a new reform appears necessary due to the lack of intervention criterias and inadequate treatments. This mixed satisfaction review leeds to find solutions that could be inspired from foreign systems, which, like in France, rely on a judicialized model. Gradually, the implementation of a new reform of children protection seems inevitable (or unavoidable). The improvement of the French protection plan, goes through two types of essential contributions. First, the redefinition of criterias and the improvement of measures of support should allow a substantial readjustment of children’s protection plan. Second, the complete redesign of the same plan could be achieved through a redistribution of skills and the development of a code dedicated to the protection of minors and young adults. It is only after such a reform that the children’s protection plan could be considered successful in meeting its ambitions
Vuattoux, Arthur. "Genre et rapports de pouvoir dans l'institution judiciaire : Enquête sur le traitement institutionnel des déviances adolescentes par la justice pénale et civile dans la France contemporaine." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD002/document.
Full textGoal: The present work aims at analyzing the institutional treatment of adolescent deviances within the juvenile justice system, based on approaches of gender and other power relations. Our main objectives are to highlight the gender-related scripts and expectations that occur in the justice system and to describe the context in which they have been produced, reproduced and legitimated by youth control institutions. Beyond gender norms, this work deepens the understanding of how multiple social norms (related to class, race and age) impact both judicial processes and institutional careers of teenagers (boys and girls) going through the justice system. Method: A one-year ethnographic survey was conducted in a French juvenile court in Créteil, complemented with a 2-month survey in the juvenile court of Paris. Judicial records in criminal (n=133) as well as civil (n=95) proceedings were analyzed, public hearings were attended and finally both semi-directive and focus group interviews with juvenile justice agents were carried out. Findings: The study of judicial records shows the existence of a differential treatment between boys and girls. In criminal proceedings, the sentencing of girls relies notably more on care and infrapenal control than the sentencing of boys, whose vulnerabilities weigh not as much. In civil proceedings, some similar patterns were observed, although not as pronounced. The in-depth analysis of records shows the permeability of sentencing to social norms linked to social position, racial identity and age categories. Conclusion: This research documents the way the judicial institution organizes the trajectory of teenagers facing the justice system, and helps to understand the mechanisms of institutional production, reproduction and legitimation of gender norms. The norms passed on by the institutions were found to be linked to other power relations, which, in turn, influence judicial processes, such as class, race or age relationships. Therefore, it is necessary to implement an intersectional sociological approach of the State’s actions and to criticize the legal universalism claimed by social control institutions
Oularbi, Said. "Les réponses de l'Algérie et de la France face au terrorisme islamiste transnational : le traitement juridico-judiciaire, sécuritaire et médiatique des diverses formes de passage à l'acte." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_oularbi_s.pdf.
Full textThis thesis aims to bring a clarification about the appearance of the phenomena which is the transnational fundamentalist terrorism, which was rife in Algeria and in France, from 1991 to 2001. In this way, confronted with different forms of acting out the mentioned phenomena, the way that the legal-judicial, law-and-order and media answer is run, is exposed and analyzed in the two named states. It speaks about the measures which tend to safeguard and/or maintain a national, transnational and international climate of security
FLEUROT, YVAN. "Le secteur associatif et la protection judiciaire de la jeunesse. Contribution a l'etude de l'evolution des methodes et moyens de traitement dans les etablissements et services bearnais." Pau, 1989. http://www.theses.fr/1989PAUU2008.
Full textThe partnership enterprise which has a share in taking charge of young people depending on legal protection (enactement of february 2nd 1945 and clauses 375 and the next ones in the civil act), takes up a first-class position in the local device, thanks to the important means it manages. The children and teenagers concerned by these actions, form the subject of a research which sums up the kind and origin of their behaviour. Then, we try to define the treatment and circumstances according to which the practices are followed, before stating the establishments which form the problems linked to the change in young people's behaviour and to the administrative and economical restraints they bear. Those which, among others, receive delinquents are led to follow a way of engaging which is linked to financial necessities they have to face; others difficulties occur form that way of acting. They try to go beyond those obstacles by changing. That will of change, asserted by those who are responsible, when are acquainted with the activity of the establishments, finds its firts expression in structures. After describing the development of the demand, the experts requested by an enquiry and interviews, express their opinion about the origin of structural changes on which the outer compulsions have pressed hard; at last, we wonder if the development of the methods of mediation, is in harmony with the means; to conclude, a few proposals are put forward ; the concer the statute of the associations, the part of the county council for the protection of chilhood, the opening of establishments on other needs, the development of education and research activities
Bernier, Dominique. "Le droit pénal dans le continuum des soins de santé: Réflexions sur le rôle des acteurs du système judiciaire et sur les mécanismes de protection de l’usager de drogue ou d’alcool dans les formes de prise en charge thérapeutique." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/35895.
Full textMénabé, Catherine. "Réflexions critiques sur la criminalité féminine." Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0310.
Full textWomen account for 15 % of offenses' author, 10 % of sentenced persons and 3 % of prisoners. The female criminality is characterized as much by marginality as by atypicality. The women's criminal propensity would be tiny and limited to specific offenses. Despite the equality in criminal law between men and women, their criminalities don't merge. However, they are not completely separable since the criminogenic factors are similar regardless of the gender of the author is. If certain offenses are more specifically female and other offenses more specifically male, the nature of the criminality differs little. But this is not the case of the volume of criminality that differs significantly by gender. Unlike the criminal law illustrated by the indifference to the gender of the offenses' author, criminal response to criminality is not totally neutral. Women and men receive differential judicial andpenitentiary treatment. The sex of the offender is therefore not an indifferent variable for the penalist because sex has an influence on the transition to the crime and the criminal response to criminality
Boissenin, Paul. "Étude du phénomène des soins psychiques en unité sanitaire de maison d'arrêt : traitement psychique des personnes incarcérées en maison d'arrêt, pertinence, faisabilité, limites et obstacles." Thesis, Besançon, 2015. http://www.theses.fr/2015BESA1022.
Full textThe psychotherapeutic proposition made by the psychologist to people imprisoned in detention centers is significant first because 70 % of these people are imprisoned in this type of facility and most of them are detained for violence against other people, secondly because this psychic work is the only one that establishes a link with the personality foundations. This psychotherapeutic care is thus not only a health and safety issue but also a public economy issue.By using the existential analysis as methodology, the research shows the relevance of psychoanalytic treatment for the transformation of the relationship with self and others.But the psychotherapeutic framework linked to somatic and psychiatric care in the health unitcan be efficient only if it works in conjunction with the judicial and penitential frameworks.An excessive distance between judicial, penitential and sanitary-psychotherapeutic playersexposes the patient to risk and to meaninglessness. On the contrary, an excessive closeness may lead to confusion.An interinstitutional alliance between the players is necessary according to an ethics of limits
Pothin, Daniel. "Les pères et les "Ti-Pères" incestueux à la Réunion : Le passage à l’acte incestueux au travers du traitement judiciaire des affaires jugées par la Cour d’Assises de 1980 à 2004 et par les tribunaux correctionnels de 1999 à 2004." Caen, 2009. http://www.theses.fr/2009CAEN1567.
Full textIn Reunion Island incestuous sexual abuse is often related in news papers. There are few surveys on this subject, unlike what has been published in tropical American territories. The slavery system has left its mark on the history of Reunion, formerly « Bourbon ». One is tempted to explain incestuous sexual abuse in Reunion through demonstrations used in American territories, and more especially in The Caribbean. Now, Reunion history is more complex in that it knew at the very beginning widespread interbreeding. That’s why, even using American interpretations, it seems that they cannot be applied to Reunion Island without qualification. After studying a large panel of cases of incestuous sexual abuse through judicial files, we have selected 339 cases of sexual abuse between father and daughter, stepfather and stepdaughter which were judged in the Court of Assizes between 1980 and 2004 as well as 206 cases judged in a magistrate’s court between 1999 and 2004. The analysis allows us to sort out three main types of family attitudes leading to actual sexual abuse. The attitude of complaisance, less frequent, through which both partners, victim and assailant , have feelings of tenderness, may be love toward each other. These cases are the less frequent. The intrusive attitude through which fathers or stepfathers make use of their parental authority on other members of the family to act out their desires is the most frequent. The pedophiliac attitude is conditioned by the assailant’s sexual orientation. One should also point out the part played by the mother in these situations of incestuous abuse, even if she was not there when the first aggression was committed and whether or not she was informed of her husband’s schemes
David, Paul. "Le traitement de l'incertitude dans le contentieux des produits de santé défectueux." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB218.
Full textAt a time when healthcare-product litigation is attaining record heights, the implementation into French law of the special liability regime for defective products, which derives from the European Council Directive of 25 July 1985, has led to the emergence of several grey areas of uncertainty which have a direct impact on the outcome of claims for compensation. Areas of material uncertainty have, for the most part, been effectively dealt with through the combined application of case law and the intervention of the legislator. While classic legal tools such as presumption and alternative causality provide a means to resolve a non-negligible part of these uncertainties, judges have also endeavoured to develop new tools, such as risk/utility test and market-share liability. Still, although the development of these legal tools - better suited as they are to the specific features of healthcare products - provide an effective solution to resolving areas of material uncertainty, the treatment of scientific uncertainty, which is based on presumptions of fact, does not always provide satisfactory solutions. The study of the legal treatment of uncertainty in healthcare-product litigation provides a means to assess the benefits but also the limitations of certain tools that are now available to judges but which at times prove inadequate. Intervention on the part of the legislator, while at the same time taking into account the specific features of healthcare products, could lead to the development of a suitable compensation system that could afford relief when litigation fails
Ossouma-Efame, Everick. "Le rôle de la cessation des paiements dans la prévention et le traitement des difficultés des entreprises." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0090.
Full textCessation of payments is certainly one of the key concepts in the law on collective insolvency proceedings. This can be seen by checking the litigation, which is very abundant in this matter. Legally defined in the first paragraph of Article L. 631-1 of the Commercial Code as the inability of a debtor to meet its accrued liabilities with its quick assets, this definition originated in a decision of the Court of Cassation issued on February 14, 1978. Under the provisions prior to the insolvency act, cessation of payments is a "cursor" which serves as a line of demarcation between amicable proceedings and judicial proceedings. Such a system has been criticized for being sorely lacking in flexibility and effectiveness in preventing business failures. The law of July 26, 2005, with the objective of anticipating treatment of company difficulties, put an end to the "cessation-cursor" by instituting the amicable conciliation proceeding and the collective insolvency proceeding. However, when the "barriers" formed by the anticipation tools have not been able to halt the risk of cessation of payments, the company director in such a situation must, within a period of forty-five days, request the initiation of a receivership or court-supervised liquidation proceeding. When either of these proceedings is initiated, the court must fix a date of cessation of payments. This date will be final for the determination of the suspect period. Moreover, the initiation of collective insolvency proceedings will have an effect on the enterprise fighting for survival, on the creditors whose ability to collect their debt is threatened, on the suppliers worried about their contractual relations with the debtor, on the guarantors who fear being called upon and on the debtor itself. Prior management of the enterprise will be probed and if faults more or less closely connected to the cessation of payments are revealed, sanctions or tort actions may result
Ngalima, Bernadette. "Le traitement des parties dans le contentieux international des droits de l'homme : vers la recherche d'un équilibre procédural." Thesis, Artois, 2016. http://www.theses.fr/2016ARTO0301.
Full textAt a time when people think that the procedural law is the one that guarantees the effectiveness of international human rights law, it is interesting to measure the truly place given up to the individual in the trial vs. the State. This thesis is based on the judicial practice of international’ s human rights organizations try to demonstrate the difficulties of these supranational institutions to treat the individual applicant and the respondent State equally as asked by the rules of fair trial. Instead of an essentially formal equality implies no differentiation between the parties, their mission requires them to look naturally, substantive equality. That is why it has been recommended to focus on the equity that has its place in international litigation of human rights. This is more justified because the configuration of the international society, the nature of the international law of human rights and the legal formalism impede a greater protection of the human. This thesis has been the opportunity to revisit the issue of the search for balance between the parties in international litigation of human rights which means at first the balance of procedural statutes. Despite an improvement in the procedural position of the individual, it must be admitted that there are still gaps in the protection available to it. This has led to the conclusion that in the field of protection of human, the most important thing is the humanization of law
Brie, Guillaume. "Traitement social de la criminalité sexuelle pédophile : rapports de pouvoir et lutte des représentations entre agents chargés du contrôle et condamnés." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100108.
Full textSexual violence on children lead more and more men in prison. Institutional responses to these questions are strongly reminiscent of the indignity that affects those people: heaviness of the sentences, surveillance and preventive detention for example. Based on data from an empirical research, I wish to understand how modern society is organized in relation to such behavior. The field work mainly takes place through interviews. First with prisoners convicted for those facts.And then with detention officers (psychologists, psychiatrists, councilors of rehabilitation and probation, supervisors, judge of the sanctions application). Finally with agents responsible of repression: specialized Gendarmes on the hearings of juvenile victims (prevention squad) and specialized investigators Gendarmes on the hunt of "pedophiles" on the Internet (Territorial and Research Brigade).The analysis of obtained speeches allows to identify the processes that co-construct the plurality of viewpoints. And to understand how power relations are constituted around the question of sexual violence behaviors on children today. To the results, it appears a struggle between different representations of agents met and the convicted around the profile of "pedophile".The analyzes of these mutual perceptions permits to explain, in particular, how the strength of the devices support of the condemned affects their ability to act and initiates in them, a deep desire to enter the space of legitimate and the "normal"
Fall, Astou. "Le traitement juridictionnel du crime de génocide et des crimes contre l'humanité commis au Rwanda." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10451.
Full textThe Tutsi genocide in Rwanda is singular in consider genocides of the XXth century. It is true by the number of victims, the speed and methods of implementation and, above all the number of the authors. These are more than one million Rwandan (Hutu) who participated directly in the massacres. Punishment of the massive crimes in a society in search of reconstruction, run into problems of group crime and individual responsibility. The scale and the speak of human tragedy needed specific treatment. Rwandan ordinary courts (replace by customary Courts called Gacaca), International Criminal Tribunal for Rwanda (created by United Nations Security Council) and lastly, national foreign jurisdictions are also begin simultaneously in application of the principle of universal jurisdiction. The interest of our scientific approach lies in the study of multilevel constitutionalism. This raises two obvious questions: What is the relevance of this justice model twenty years after the Rwandan tragedy? What has been the interim review of all the judgments handed down by the different jurisdictions?
Afarkous, Meryem. "Droit et pratique des procédures judiciaires de traitement des difficultés de l'entreprise au Maroc." Toulouse 1, 2010. http://www.theses.fr/2010TOU10053.
Full textThe signature of the agreements of the World Trade Organization by Morocco, the ratification of free trade agreements and the creation of tax-free areas with the European Union and the USA have forced the national Moroccan economy to reorganise itself. In order to achieve that goal, the N°1-96-83 Act of 1st August 1996 on Commercial Law has for the first time set up provisions to protect companies, precisely thanks to collective procedures whose aim is to save companies even tough creditors remain unpaid. Indeed those procedures aim at placing firms under the control of justice. The approach of the Moroccan legislator consists in discarding the previous bankruptcy system. The healthy approach becomes the rule and bankruptcy an exception. In this context, the purpose of this research is to show that, though the conditions of legal proceedings for ailing firms are dealt with in a rather traditional way, in so far as the keystone is a suspension of payments (I), the Moroccan legislator has however turned to modernity as he is bent on rescuing companies owing to recovery proceedings which eventually allow the firms to continue in the hands of the debtor and, possibly, thanks to transfer of business. Moribund firms are liquidated whether they like it or not (II). The dynamic approach of the legislator contrasts with the traditional side of the law concerning the harshness of the sanctions reminiscent of the strictness of Roman contrasts with the traditional side of the law concerning the harshness of the sanctions reminiscent of the strictness of Roman law while Moroccan judges very rarely apply it (III). Even though it were coherent, this legislator's three-step waltz is far from perfect and Book V of the 1st August 1996 Act with its 191 articles does not always meet the requirements initially sought. It is essential to set up a pedagogic programme in order to show that the role of the Commercial Court is to protect and not to punish. This innovative therapy reveals a slight evolution of Bankruptcy Law which is grounded on the fundamental distinction between man and the firm emphasizing therefore the notion of "ailing firms". However practice allows to notice some kind of contradiction between the various jurisdictions in the Kingdom. Hence the many prevention procedures, the notion of suspension of payments, the individuals entitled to enjoy specific treatment procedures and the transfer procedure as a rescue strategy. Therefore, the 1st August 1996 Act appears as a concise, terse document even though it is essential and deals with a complex area hence the importance of case law which is called upon togive its interpretation, even a multidimensional vision of how Book V of Commercial Law should be applied
Benani, Bakr Anas. "Les procédures judiciaires de traitement de l'entreprise en difficulté au Maroc : entre le droit et la jurisprudence." Perpignan, 2007. http://www.theses.fr/2007PERP0793.
Full textThis work highlights the provisions of book V of the 1996 Moroccan commercial law, namely those related to the proceeding for ailing firms, completed, on the one hand, by the compared law, in particular the French law, which is the main source of our law on the subject and, on the other, by Moroccan and French case laws. In the introduction, we set out the history of bankruptcy in Morocco, since the protectorate and up to the new commercial law. The first part is connected with content and form conditions that make up the first two chapters of this part. A third chapter discloses the actors of this work. The second part is related to the shortcoming of legal adjustment. The first chapter analyses legal management during the operation stage; a second chapter deals with the firms future. Finally the last chapter is dedicated to the shortcomings of the procedures for ailing firms both at the theoretical and practical levels. In addition, we wanted to bring concrete solutions for a better implementation of the said law, among which as example, are an advanced commercial training for judges and the increase of the number of certified public accountants, likely to act as auditors etc. At the same time, some legal texts must be backed up by applying decrees concerning the most controversial provisions (for example: section 561 on the suspension of payment), namely those provided for in title II of book V of the commercial law
Jamet, Ludovic. "Le mineur et ses dossiers judiciaires : étude sur le traitement institutionnel de la délinquance juvénile et les vicissitudes de sa prise en charge." Rouen, 2009. http://www.theses.fr/2009ROUEL008.
Full textToh, Aymar. "La prévention des difficultés des entreprises : étude comparée de droit français et droit OHADA." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0284/document.
Full textDue to the inadequate judicial processing of difficulties encountered by enterprises today, the right to prevention is becoming more and more attractive. In France as in Ohada, the law of July 26 2005 and the uniform act concerning collective procedures of passive clearance have stressed the importance of the negociated solutions in order to straighten the curve of the numerous company failures. On account of incitative mesures in favor of debtors and creditors, the confrontation of the French prevention system and the Ohada prevention system have limited results despite the quality of the various prevention systems. Even though the French prevention system, which appears to be better structured and better organized, serves as a model to the juidicial system of Ohada, it must be noted that both legislators are far from achieving their goals. In fact, company failures are increasing rapidly, highlighting the ineffectiveness of the judicial prevention mecanisms that have been proposed until now. Consequently, a reform of all prevention devices in both judicial orders is required. Moreover, the comparative approach set by this matter's principle aim is to develop a new approach in company law which henceforth advocates contractualization of the matter in order to make it more effective
Al, Saud Salman ben Abdel Aziz ben Salman ben Mohammad. "Problèmes de base du droit des entreprises en difficulté : étude comparée droit français - droit saoudien." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020096/document.
Full textAt a general level, French law and Saudi law provide similar solutions to companies facing financial difficulties: they both provide for the possibility of a non-contentious treatment of the difficulties through an agreement between the debtor and its creditors; if this process fails, an insolvency procedure will be initiated. However, the philosophy of the two systems is far from being the same: the main concern of French law is to achieve save the company, that it considers being creative of wealth and jobs, whereas Saudi law has essentially the concern of securing the creditors' rights. To achieve its objectives, French law has been very active in this area, while the Saudi law remains in its Regulation of 2 June 1931 on bankruptcy and its decree on preventive conciliation of bankruptcy dated 24 January 1996. Where the French insolvency system is complex, the Saudi one is simple. The analysis of the basic issues in this area leads to wonder whether a third route could be considered