Dissertations / Theses on the topic 'Transaction (Droit)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Transaction (Droit).'
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.
Brunet-Richou, Sonia. "La transaction en droit social." Montpellier 1, 1997. http://www.theses.fr/1997MON10025.
Full textLewy, Patrick. "La transaction en droit public français." Paris 13, 2001. http://www.theses.fr/2001PA131031.
Full textFar from looking suspicious today, the transaction may pride itself on being in favour with the public authorities. It may also pride itself on the interest that the legal doctrine and practioners show in it. As a contractual method provided for by the civil code in order to prevent or to stop legal proceedings, the transaction has undeniably many advantages : it makes a fast settlement of litigations easier ; it allows a thrifty money management. Beyond its unyielding properties, it moreover contributes to unburden the courts. Therefore, no wonder that the transaction also conserns public law matters. But when considering the concept of this contract in public law, you discover that the administration, though long ago entiled to carry out transactions, isn't enabled the same leeway as its private partner. Public order not only confines the process of transaction to "plein contentieux" litigations, but is above all against a transaction being conclued by a public entity at the cost of unwarranted concessions. Nevertheless, those restrictions based on public order aren't sufficient to explain the relative disaffection with this process. Because in practice, notwithstanding its strong effects, the transaction isn't much used yet. This situation is, if not exclusively but most probably, due to the concerned partie's attitude, and particularly, to a kind of cultural incapacity from the administration to consider any compromise
Poulet, Laurent. "Transaction et protection des parties." Paris 2, 2004. http://www.theses.fr/2004PA020020.
Full textLe, Page Brigitte. "Les transactions en droit pénal." Paris 10, 1995. http://www.theses.fr/1995PA100183.
Full textAccording to article 6 of French code of criminal procedure, the prosecution shall be extinguished by amicable settlement if expressly provided by the law. All amicable settlements are methods of eviction of proceedings in court. However, the main characteristic of the amicable settlement relating to criminal law is that prosecution is at the heart of this practice. Since the amicable settlement relating to criminal law is a mode of prosecuting the offender, performance of the punishment set out by the settlement has one consequence: the extinction of the prosecution, which excludes definitely all criminal trial. Various amicable settlements relating to criminal law exist and the complexity of the subject research is a result of the dissemination of the texts which permit this practice and of the absence of a unique legal system. Some amicable settlements are fixed-priced, others are discretionary. First, the fixed-priced amicable settlements lead necessary to the application of criminal law. Accordingly, the offence is turned into a financial obligation which is previously fixed-priced. As far as minor offences are concerned this practice may become a general repressive method against minor offences. Second, the amicable settlements which are discretionary. They apply to areas of the law where the administration has exorbitant powers. These settlements require
Boillot, Christine. "La transaction et le juge /." Clermont-Ferrand : [Paris] : Presses universitaires de la Faculté de droit de Clermont-Ferrand ; diff. LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39203697j.
Full textEckert, Raphaël. "La transaction pénale du XIIème au XVème siècle : étude de droit savant, de législation et de coutume." Strasbourg, 2009. http://www.theses.fr/2009STRA4014.
Full textMunoz, Frédérique. "La conciliation : du droit privé au droit public." Paris 1, 1997. http://www.theses.fr/1997PA010326.
Full textFrench lawyers are more and more interested in alternative means of dispute resolution (adr). One of them, "settlement", may he used by the judge and also out of courts ; that is why it is spreading out. Settlement first appeared in 1790 in private trials with a particular purpose : keeping the judge as a servant of the law. And it was the "juge de paix" monopoly. This situation is now over and settlement can be dealt with every "juge judiciaire" and since 1986 with the french "tribunal administratif. However, despite its avantages, settlement is not as frequently used as it could be, due to a lack of time. Out of court settlement, which appeared during the last century, has become more and more widespread since the eighties. Unfortunately, procedures are not well known and badly defined
Lachance, Martine. "Le contrat de transaction : étude de droit privé comparé -France-Québec- et de droit international privé." Paris 2, 2004. http://www.theses.fr/2004PA020097.
Full textRayssac, Rodolphe. "La transaction en matière administrative." Tours, 1999. http://www.theses.fr/1999TOUR1006.
Full textMoundoubou, Patrice. "La notion de concessions réciproques dans le contrat de transaction." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32052.
Full textLe, Gallou Anne. "Essai d'une théorie générale des règlements amiables en droit privé." Rennes 1, 1998. http://www.theses.fr/1998REN10020.
Full textLe, Boeuf Romain. "Le traité de paix en droit international public." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100046.
Full textPeace treaty is an international legal act of a contractual nature, concluded by two or more States in order to end the war between them. Nevertheless, regarding both the circumstances of its conclusion and its content, this instrument is remotely compatible with the classical figure of international treaty. The requirement of free and equal wills faces both the existence of a prior use of force and the lack of reciprocity on the agreed rights and obligations. This does not mean that the instrument is solely the product of two forces confronting each other. In practice, the winner does not arbitrarily dictate its terms to a coerced vanquished. On the contrary, a peace treaty finds itself at the intersection of several legal mechanisms which partly determine the content and the extent of the respective rights and obligations of belligerents. Those mechanisms are mostly borrowed from the law of international responsibility and the law of collective security. They invite to consider the peace treaty not as the product of the exclusive application of the law of treaties, but as the result of simultaneous and potentially conflicting requirements of different bodies of rules. This dynamic approach of the instrument brings a new light on the substantive rules governing the end of international armed conflicts. It also permits to discuss certain representations sometimes hastily associated with the very concept of treaty
Boillot, Christine. "La transaction et le juge." Paris 1, 2001. http://www.theses.fr/2001PA010321.
Full textThoreau, Marianne. "Le règlement amiable dans les contrats administratifs." Paris 11, 2007. http://www.theses.fr/2007PA111022.
Full textFingerhut, Stéphanie. "Les modes alternatifs de règlement des conflits en matière pénale." Paris 8, 2003. http://www.theses.fr/2003PA082308.
Full textThe judicial system generates its own deviations and nourishes them to ensure its own survival. Thus, whether appropriated by the State as one of its pawns or maintained in a primitive and anarchic situation, alternative means of dispute resolution do not escape contamination by the judicial model. This means that whether by consent or by force, procedural alternatives, like many other phenomena, move towards what initially justified their existence. Our study will therefore have an outside critical look at the alternative concept and, starting from the judicial system, will assess this fictitious area of freedom granted to proceedings, which supposedly derived from human spontaneity (Part I). Then, at the very heart of the process under scrutiny, we will analyse its hermetic and potentially creative possibilities together with its certainly influent and open-ended nature vis-à-vis structures external to it (Part II)
Bureau, Aurore. "Le principe d'indisponibilité de l'action publique." Poitiers, 2010. http://www.theses.fr/2010POIT3016.
Full textUnavailability of public action is presents as a traditional principle which seams to be in decline today. It shows, in our opinion, a quite old ignorance of the meaning and the place allowed to this principle. Our research tackles it from two viewpoints: its affirmation and its recombining. In a first time, the research applies to prove how the principle takes place in our law. Its genesis reveals that as linked with the concept of public action established by the Code of criminal preliminary instruction, the principle formalized as protection means of this action. So, it has influence on a lot of rules of penal procedure because it institutes a balance of prerogatives related to the action. This balance manifests itself in prohibition and in specific attribution of the powers on activation of the action and on the trial itself. The principle also admits existence of detailed exceptions. It establishes itself as full of nuances and pragmatic. In a second time the research, which mentions the recombining of the principle, wants to demonstrate that the principle, while evolving, pursues the objective that was initially attached to itself. On one side, a way of privatization of public action can be observed: the private parties but also and above all the public prosecutor have more powers about the action. On other side, this evolution has to be replaced in the system in which the principle takes place. The making use of the public action is marked by pluralism, so, the evolution of distribution of powers shows the emergence of new balance aiming to protect the public action
Manguila, Christian. "Les formes d'organisation et les performances des firmes." Nice, 1998. http://www.theses.fr/1998NICE0006.
Full textIn economy and more precisely industrial economy, there exists an endemic debate to which several authors are attempting to bring their answer : that of determining the most performing type of organization for companies. O. E. Williamson, who established a comparison of different types of economic institutions, came to the conclusion according to which the hierarchy (or m type) is the best productive resource coordination mechanism for companies that want to be profitable and/or competitive. But, this assertion is erroneous or even deceitful, for there are a number of types of institutions allowing companies to be performing. Furthermore, the functional crises inherent to coordination modes of economic activities prevent us from believing in williamson's conclusion. Besides, the latter forgets that at the end of each historic period corresponds a certain type of organization that can only be efficient, at least, as long as private transactions exist between companies. Thus, the market or the deal is a form of economic organization most efficient when the good exchanged is sufficiently standard so that its features may easily be specified and that the environment of the transaction is not submitted to strong uncertainties. The hierarchy or the do it yourself is a type of highly performing economic institution if the transaction costs are very high. Inter-company cooperation is one of the most efficient forms of economic organization when the market and the hierarchy are defaulting. All this leads us to think that the transaction cost theory is an incomplete paradigm for not only it does not take into account the socioeconomic reality of companies, but it also has difficulties in establishing a genuine experimental theory accepted by all
Joly-Hurard, Julie. "Conciliation et médiations judiciaires." Paris 2, 2002. http://www.theses.fr/2002PA020064.
Full textDeschot, Emilie Lombard Françoise. "Le caractère hybride de la composition pénale." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/penal/deshodte06.pdf.
Full textDiemer, Marie-Odile. "La juridiction gracieuse en droit administratif." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40031.
Full textThe notion of non-contentious jurisdiction is traditionally connected to the activity of the civil judge. Still, the administrative judge administers contentious as well as non-contentious justice. Understood as the activity of the judge outside of any litigation, it is little studied in administrative law but widely examined in private judiciary law. Nevertheless, it is interesting to compare the way judges consider their office in a non-contentious frame as well as analyse further the common points and the differences between the two juridical regimes. However, the development of such an activity can appear paradoxical when courts keep being more and more congested and when the attraction for alternative ways of settling disputes keeps developing. Yet, the progression of the certification activity of some administrative acts, including transactions, can make it possible to avoid the length of a trial. This new procedure can thus favor the renewal of the principle of juridical security and makes it possible to consider from a new point of view the definition of the jurisdictional function of the administrative judge
Kandeel, Moustafa Elmetwaly. "La conciliation et la médiation judiciaires : étude de droit français et de droit égyptien." Paris 1, 2001. http://www.theses.fr/2001PA010296.
Full textKoenig, Matsoukis Laure. "Coûts de transaction, asymétrie d’information et émission d’actions." Paris 9, 2012. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2012PA090011.
Full textThis thesis examines the link between transaction costs, information asymmetry and equity offerings. First we analyze the impact of market liquidity on SEO characteristics and find that liquidity is an important determinant of flotation method choice. We show that pure public offerings and standby rights are the most expensive methods but also more liquidity improving. Second, we document short selling activity by shareholders and underwriters during rights issues leading to significant negative abnormal returns and show that rights tend to be sold below their fair value. Finally, we find evidence of informed trading before rights issues and show that informed traders trade in a direction consistent with their private information, thus, enhancing price efficiency. Our results provide new insights into informed trading as well as flotation method choice
Manla, Ahmad Jassem. "Les modes alternatifs de règlement des litiges administratifs en droit français et en droit syrien." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0226.
Full textHaving been ignored, for a long time, by the doctrine as well as by the positive law, alternative means of dispute resolution (ADR) have recently aroused a particular interest in both French and Syrian administrative laws. Conveniently, theses alternative modes would designate a set of processes with the objective of putting an end to the administrative disputes without going through an administrative or judicial process. The administrative recourse, arbitration, mediation, conciliation and transaction have all been haphazardly found out and grouped together. It is the study of their restrained place in the resolution of the administrative disputes in France and in Syria, as well as the study of the perspectives of their desired development in French and Syrian administrative laws that the present study is devoted to. In this sense, this is a comparative study between the French system and the Syrian system
Cren, Rozenn. "Poursuites et sanctions en droit pénal douanier." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020044/document.
Full textThis thesis is devoted to the study of the prosecution and punishment mechanismsin criminal customs law, in order both to identify the derogatory nature of the criminal and enforcement law, and to understand the subsequent issues. The issue is also to determine if this law remains fundamentally a part from criminal procedure or if it tends to return to normal. To a lesser extent, it is also to put customs law into context of tax litigation, which constantly benefited from legislative developments in recent years.The repression of customs offences is thus characterized by a strong particularism which may be explained by History, but mainly by the specificity of this delinquency that threatens the financial interests of the State and of the European Union and that is also difficult to grasp regarding the diversity of the fraudulent means implemented. It required a considerable strengthening of the powers of the administration, relating to the research of customs offences, and to the subsequent proceedings and penalties. Nowadays, customs law has to evoluate according to a double trend. Its differences with criminal procedure, like its specific character regarding tax procedure, have to be justified. Customs law cannot be anymore exclusive of other laws. The customs criminal matter is subjected to a strong movement of judicialization and constitutionalism. Both Courts, the national one and the European one, play a decisive role in the compliance of customs law. The specific powers granted to customs are declining. However, they are still implemented in the areas marked by History. Criminal customs law remains original in its derogatory penalties, but also in its finding powers which are singular in their mechanisms of prosecution
Wester-Ouisse, Véronique. "Convention et juridiction pénale." Nantes, 1999. http://www.theses.fr/1999NANT4007.
Full textSettlement in all forms permeate our social relationships. The criminal courts participate in this development despite criticisms of penalties which do not work, of inappropriate procedure and of the over-extention of the criminal law. Such settlements are a means of qualifying and punishing offences. The criminal law sets the limits to the court's powers, in effect removing it, as a reaction to the major imbalance between the contracting parties. Consumer law, competition law, labour law and medical law all show the preoccupation with balancing the contractal relationship; criminal law ensures that the weaker party is informed and his consent is maintained, and that their is no abuse by the stronger party. Thanks to this large body of offences, the criminal court is often confronted by civil law concepts, it may, thanks to its independance, redefine these notions ; of consumers, of legal personality, or rejet spurious arguments (such as the solo consensu transfer of property, or the effect of void contract). The omnipresence of negociated settelments leads the judge to follow contractual principles to resolve the civil action, paying great attention to the damage and the facts in issue. The settlement becomes a method of resolving criminal cases. The prosecution become a tacit agreement. Simplified or fast-track procedures are agreed to by defendant. The punishement is a result of his acceptance (community service orders for example). The prosecution is also agreed, plea-bargains whether approved by the court or not, bring the prosecution to an end. The civil action follows the same patterns with negociated settlements to criminal cases. These consensual procedures illustrate the increasing convergeance of the ideas of punishment and of reparation of damage, and show the increasing use of private settlements of criminal cases
Ferey, Samuel. "Histoire et fondements de l'analyse économique du droit." Paris 1, 2004. http://www.theses.fr/2004PA010030.
Full textPelaez-Gutierrez, Verónica. "La conciliation en droit administratif colombien." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020008/document.
Full textColombia has experienced a period of transformation in the last two decades. Adoption of the 1991 Constitution resulted in normative and institutional reforms. Among them, the Constitution gives lawful status to alternative conflict resolution and establishes "la tutela" as a constitutional protective mechanism and a catalog of fundamental rights. The development of conciliation under Colombian administrative law begins in this context, and the will of the government is expressed clearly in several legal reforms enacted since 1991 to promote this mechanism. Conciliation is characterized as an instrument organized and regulated by rules. However, this does not guarantee its effectiveness. External factors influence its functioning. Conciliation under Colombian administrative law continues to be a concept that is inadequately understood by the parties and the conciliator. Moreover, this kind of conciliation is subject first to special formalities and secondly, to specific situations in Colombian society such as violence, social inequality and corruption. These circumstances have direct consequences on the proper functioning of conciliation and justified the formalities imposed on it to protect public property. The latest legal reforms on conciliation under Colombian administrative law are intended to make it an effective mechanism and one that can be used to resolve conflicts on a large scale. However, this requires a change of mind on the part of everyone, because conciliation under Colombian public law imposes not only a legal system for its implementation, but also a conciliatory culture that does not exist in Colombia and is in the process of being constructed
Bouanha-Capel, Nathalie. "Conciliation et alternative au règlement des contestations." Toulouse 1, 1999. http://www.theses.fr/1998TOU10068.
Full textConciliation and mediation are presented as a form of alternative dispute resolution, in the opposite of the named + classical ; justice which includes the jurisdictional processing of the contestation either by the judge or by arbiter a comparative study allows to bring out a network of identification criteria associated to the alternative dispute resolution, which shall contain an option allowing the person subject to trial to make a choice between two paths : the jurisdictional processing of the lawsuit path or the recourse to a third party, independent from the juridical institution, with no jurisdictional power and who has the vocation to guide both parties towards the elaboration of a contractual solution during an informal procedure. It emerges a superiority of the conciliation, which permits not only to deal with an already born contestation but also to equally organise the parties juridical relationships in order to avoid their confrontation. However, the conciliation marks its weakness because it does not have any coercive power in the eventuality of no judge homologation. Instaured in 1790 and progressively neglected, the declared goal of conciliation, since the eighties, is to restore the alternative dispute resolution. However, although the reglementation attests the presence of a form of alternative dispute resolution due to the contractual nature of the conciliation and of the mediation, it shows that a true alternative dispute resolution is difficult to establish. Under the naming of conciliation there exists a drift to the negation of the alternative, resulting from some reglementation which tends to focus the judge on its jurisdictional mission by making the conciliation a kind of pretrial investigation or by giving jurisdictional power to the conciliation organism. All these elements contribute to notice the relativity of the alternative in this kind of justice
Moussavou-Djembi, Yvette. "Prévention et règlement amiable des litiges dans le contrat international de construction." Angers, 2005. http://www.theses.fr/2005ANGE0035.
Full textThe prevention and the amicable settlement of the litigations will always hold the attention of the contractors and employers. The parties by contractual clauses determine their respective obligations at the conclusion of the construction contract. The building must have an adequate financing, either from spécial financings or from various financial organizations like the World Bank or the European Development Funds. The subscription of guarantees and insuranses is necessary to ensure the good completion of the work. A control of the works must be organized in order to facilitate the reception of the works. The choice of the applicable law must coincide with the interests of the parties because it determines the validity of the contractual clauses. An adaptation clause envisaged in the contract will make it possible to re-establish an eventual contractual imbalance. The common determination of the constitutive events of the cause beyond control will allow the parties to avoid divergent interpretations in case of litigation. The settlement of disputes amicably must be maintain to preserve the contractual relationship
Weiller, Laura. "La liberté procédurale du contractant." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32029.
Full textThe judicial action of an unsatisfied party to an agreement is free but not discretionary. The judicial system and the philosophy of contract law concur to impose a minimum degree of loyalty and consistency when selecting a procedural strategy. The very expression of the claim is not left to the party's sole discretion. The court practice of multiples claims, the principle of unavailability of the purpose of the litigation interpretation attest it. Express agreement on qualifications,amicable settlement or arbitration may ensure a better control of the dispute,but public order constitutes the limit to freedom. After the judgement, any renewal of the claim is limited both by the prohibition to initiate new claims in appeal and by the res judicata principle. But when different claims have the same purpose and different causes or subjects exist, a diligent party may have the choice to plead. Actually,the procedural freedom of a contracting party mainly depends on its loyalty
Apostolidou, Eleni. "The introduction of an EU FTT through the Enhanced Cooperation Procedure." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010322.
Full textThis thesis stems from European Taxation and it aims at providing for a legal appraisal of the contemplated introduction of a EU Financial Transaction Tax (FIT). The thesis, divided in three parts, is dedicated to the 2013 FIT Proposal, tabled in by the Commission and gaining support among some EU Member States, which wish to proceed by Enhanced Cooperation in this area. Part I of the thesis sets up the stage, focuses on interpreting the draft Proposal, and seeks for the "missing links": those unresolved issues, raised by tax academics, for making the tax legally consistent and coherent. Modelling an efficient and fair financial transaction tax is a delicate affair for tax experts. Within this appraisal, inconsistencies and incoherence, in the actual wording of the Proposal, have been overviewed. Part II focuses on the alleged infringement of international law, primary and secondary from FTT's implementation. Beyond the academic interest, by delving into that area of law, the conclusions drawn may be ground for further reflexion in regard of tax payers' protection. In the chapters that follow, we scrutinize the general institutional conditions granting competence to the EU for harmonising indirect taxes and we survey the requirements to be met in the specific legal frame of the Enhanced cooperation. More, we shed some light on the FTT's shape under the 2013 Proposal in regard of the European Treaties and secondary law
Capmas-Benoist, Claire. "Les conventions relatives à la résiliation du contrat de travail." Paris 1, 2003. http://www.theses.fr/2004PA010263.
Full textMouanga, Stella. "La médiation comme mode alternatif de réglement des contentieux commerciaux en droits français et américain." Paris 10, 2009. http://www.theses.fr/2009PA100085.
Full textThe emergence of mediation as an alternative dprocess in the United States and in France shows the real willingness of the American and French authorities to provide a concrete response to the problems of the civil justice, namely delay, costs and complexity of the procedure. Mediation is more flexible, faster and cheaper. For all these reasons, mediation can interest businesses in search for settled solutions rather than imposed decisions. Mediation can be judicial, that is to sayt it is proposed by the judge to the litigants while the trial has commenced, or contractual when the parties anticipate in a special clause the resolution of any difficulty arising of a contract by refering to mediation. In general, mediation is a contractual process in which the mediator assists the parties to use their right to negotiate agreements in order to settle their disputes but also to frame their business relations. This process is substantially different from the judicial procedure in the sense that it is essentially a form of negotiation: parties reach an agreement on a voluntary basis and thus they have the power to schedule the negotiation sessions as well as the final agreement. The primary goal of mediation is not the conclusion of an agreement because it is first a means of establishing dialogue between the parties so that they can engage in a reconciliation way. The parties’final agreement, generally named mediated settlement agreement, is essentially governed by the law of contract. If this contractual qualification is obvious enough because the agreement is the result of confidential negotiations between the parties, its international execution is far from being easy beacause of this contractual terminology
Perrier, Jean-Baptiste. "La transaction en matière pénale." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1021.
Full textContract with which parties settle or prevent a complaint, the compromise seems to be an outstanding and useful tool in criminal process. However, the identification of the settlement approach presupposes that repressive processes permit to settle the dispute definitively, with concessions from the perpetrators and the Authorities. Only two mechanisms of criminal settlement take on these qualities. Such adaptation implies that the parties could settle the consequences of an offence, without any involvement of a magistrate, but also definitively. The characteristics of the alternative prosecution measures attest the use of the settlement technique in criminal law. However, this aknowledgment is not enough since the transposition of the compromise settlement requires also to introduce a contract in the prosecution process. The comparison of the compromise contract with criminal matter reveals an opposition, some difficulties due to the consent of the perpetrators or Public prosecution. These difficulties necessary lead the settlement to be adapted to this matter. Without the contractual side, the alternative prosecution measures are considered as repressive measures, proposed to the perpetrator and accepted by him outside the formal judicial frame : settlement sanctions. Recognition of this specific sanctions category allowed improvements in order to achieve the settlement sanctions are the result of a fair agreement
Mansour, Mahran Riham. "Les clauses relatives aux litiges en droit français : aspects internes et internationaux." Paris 1, 2005. http://www.theses.fr/2005PA010256.
Full textTiquant, Olivier. "La contractualisation des procédures collectives." Paris 1, 1999. http://www.theses.fr/1999PA010305.
Full textApel, Alexandre. "Les amendes en droit français et en droit européen des pratiques anticoncurrentielles." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D056.
Full textThe fines imposed by the French Competition Authority and the European Commission are at the centre of their competition policy. They have not only contributed to making the actions of these two competition police officers known, but also to ensuring that they are now feared by companies. This is evidenced by the manufacturers of health care products and household cleaning supplies sanctioned for 1 billion euros or Google, which was sentenced three times for a total of 8.25 billion euros. While it has become relatively common to insist on the high severity of the fines imposed by these authorities, it is important not to consider this sanction policy from this perspective alone. A review of the latter shows that, in addition to this increased severity, the Authority and the Commission are also strengthening their detection arsenal, thereby increasing the risk of sanctions for companies infringing antitrust rules. Similarly, the fines incurred play a decisive role in the resolution of these cases since they now encourage companies to settle directly with these authorities. This sanction policy is not only intended to be repressive against companies, but also the competition authorities aim to impose dissuasive fines. The objective has been to increase fines until it was no longer attractive for anyone to infringe antitrust rules. While the company's accountability can be justified from a deterrent point of view, this choice is not without its difficulties when it comes to finding the entity responsible for the offence. From this dissuasive perspective, it is also important to relate these fines to the ability of the sanctioned companies to pay, and to analyse their consequences. The current limits on fines imposed by the Authority and the Commission invite them both to make some adjustments with regard to the fines imposed and to rethink and diversify their sanction policy
Loridan-Baudrier, Audrey. "Coûts de coordination, structures de gouvernance réglementaire et environnement institutionnel : une analyse économique néo-institutionnelle de la mise en oeuvre du cadre réglementaire européen des communications électroniques." Paris 1, 2007. https://tel.archives-ouvertes.fr/tel-00165182.
Full textMartinon, Arnaud. "Essai sur la stabilité du contrat de travail à durée indéterminée." Paris 2, 2003. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247099092.
Full textPetit, Emmanuelle. "La mission de conciliation du juge : réflexions sur l'office du juge." Nantes, 2006. http://www.theses.fr/2006NANT4014.
Full textSection 21 of the New Code of Civil Procedure contains a theme running through the code. It states, with admirable brevity, that « it is within the fonction of the judge to conciliate the parties ». Put like this, the judge's role of conciliation is undoubtedly one of the key elements enabling the parties to come to an understanding of the role of the judge, of how this role has developed, and what its parameters are. A subject of such importance necessarily leads to a debate in which contradictory opinions are expressed. In the light of the criticisms and reserves which have been expressed about conciliation effected by judges, it is important to put it in its proper context, as part of the general role of every judge. It is also important to point out the underlying basis of this role, its raison d'être, and also to show that its use gives rise to positive reasons for hope. By going down this route, it is not sought to fully restore the image of the role of judicial conciliation in the same way a old malter, damaged by the passing of the years, would be restored. This role of judicial conciliation has not indeed been the victim of deterioration over the decades, but neither has it, is appears, been subject to proper examination. It is therefore appropriate to subject it to the spot-light of investigation that it deserves, and thus to put it in its true perspective
Bouajila, Walid. "L'opération de négociation des valeurs mobilières sur un marché réglementé : étude comparée du droit tunisien et du droit français." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1002.
Full textThe operation of negotiation on a market regulated by securities corresponds to an original sale of the good(property) furnish(fill) which presents a lot of peculiarity because it calls on to several mechanisms. This operation is based on the intervention of the specialized intermediaries, and it starts by a stock market order. The financial legislation always tries to guarantee the safety(security) and the transparency of this operation. The study of the operation in a frame(executive) compared between the French law and the right(straight) Tunisian showed that it's time that the Tunisian legislator intervenes to integrate(join) notions and essential standards in materials(subjects) which allow the Tunisian financial center to align themselves with the international rules(rulers)
Abou, assi Sabbagh Nathalie. "La réparation en droit pénal - Etude comparative." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3047.
Full textThe concept of reparation is becoming more common in criminal law. In fact, reparation is evolving, independently of the civil aspect of the notion, at the heart of alternative measures, commonly known as a “third way”, and in the essence of some sentences. This brings us to questioning the place of the notion of reparation in criminal law: is reparation an alternative to criminal justice or a component of criminal justice? The comparative study of French law, English law and Lebanese law will shed the light on some interesting aspects of the question. It will open the possibility to analyze the different approaches in terms of reparation and to enrich the study of the reparation’s position in criminal law. In a first part, the study of the reparation’s expressions in criminal law will reveal the concept of reparation as a new response to offences. In a second part, the idea of considering reparation as a component of criminal justice will reveal the notion’s special characteristics that make reparation an autonomous concept that needs to be defined. Nowadays, reparation in criminal law redefines the outlines of criminal justice
Mabin, Tristan. "Transaction et justice publique : Le premier registre des accords du Parlement de Paris (1320-1335)." Paris 2, 2008. http://www.theses.fr/2008PA020019.
Full textRegnacq, Charles. "Coût de transaction dans les marchés de l'eau : le cas de la Californie." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2011/document.
Full textThis dissertation aims at contributing to the ongoing debate about the potential effectiveness of water markets. With the ongoing economic changes and the growing versatility of water resources due to climate changes, many arid regions around the world need to reconsider their strategy of managing their hydrological resources. Interests among policy makers are leaning toward flexible reallocation mechanisms such as water markets to cope with water shortages. While efficient in theory, such instruments are also very costly to establish and to maintain because of the potential externalities that transferring water may cause. These so-called transaction costs limit the effectiveness of water markets in comparison to the situation of perfect competition and can induce a more detrimental outcome than a centralized management. Therefore, any decentralized solutions to manage the scarce water resources must account for the transaction costs of running such alternatives. In that respect, this work focuses on studying the underlying causes of these transaction costs and adapts a tool widely used in the international trade economics: the gravity equations. Through that way, importance of these transaction costs for the development of effective water markets is reasserted. More importantly, a theoretical and empirical model is developed to measure the magnitude of the different frictions in reallocating water through decentralized managements in the case of California
Leroux, Bertrand. "La planification spatiale aux prises avec le droit : le travail d'élaboration des schémas de cohérence territoriale." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST1115.
Full textIn 2000, the law Solidarity and Urban Renewal aims at refurbishing strategic spatial planning. Local authorities are pushed to group in order to lead the writing of new master plan (schéma de cohérence territoriale). In the following years, 400 SCOT are being studied. This implementation is analyzed through a focus on urban planner works. From 2002 to 2006, interviews with these planners enlighten the master plan creation main phases : create the perimeter, drawing the maps, writing the guidelines.This PHD shows how planners play negotiation and mediation roles through this normative production, how they succeed in raising an agreement on collective rules. This analysis shows that normative planning is not an end but a beginning : Law argument on possible effects of a to-be rule -such as litigation through courts, or master plan cancellation- is a way to organize public decisions and begin negotiation. An historic analysis on law production and master plan elaboration during the last 40 years, today's interests and involvement of the profession on legislative production and law arguments complete the situated-work observation
N'doye, N'deye. "Le licenciement pour motif personnel en France et au Sénégal : [étude de droit comparé]." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00766980.
Full textLatulippe, Ginette. "La médiation judiciaire : un nouvel exercice de justice." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27651/27651.pdf.
Full textLeprince, Christelle. "L'assistance dans l'élaboration d'un acte juridique." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G017.
Full textAssistance is a method that the legislator has had recourse to for long in the drafting of a legal transaction and it still does nowadays. However, it seems to arouse so few interest that the legitimacy of its existence may be doubted. The purpose of this demonstration therefore is to understand this practice and determine whether it can be considered as a singular and autonomous institution or not. Assistance can play two parts during the drafting of a legal transaction, sometimes as an “enabler”, sometimes as a “facilitator”. While this duality proves to be useful in the determination of the regime, it mostly brings a lexical confusion. In any case though, assistance conveys a substantial unity. Both defined as “being with” and “acting with”, assistance is an intermediary protection technique that excludes any kind of substitution and consists, for the designated assistant, in standing by the assisted to help him to state a will in accordance with his interests. As a consequence, it has to comply with clearly identified rules, which is, to date, not necessarily the case. Whilst presenting the positive law, this study aims at clarifying the functioning of assistance, both taken as the relationship established between the two main protagonists and beyond. Although assistance mainly concerns the assistant and the assisted, it inevitably has an impact on the legal transaction concluded thereby and the related third parties
Guimaraes, de Freitas Magali. "Les prix de transfert pratiqués par les entreprises transnationales françaises et brésiliennes de 1994 à 2010 : ‘Cas des droits de la propriété incorporelle’." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2004/document.
Full textTransfer pricing are the prices to which services, the tangible property and intangibles are exchanged between parties with a link dependency in cross-border operations. The transfer pricing of the transactions with the intangible property rights adopted by a group of parties having a bond of dependence have a direct incidence on the benefit declared by each one as of these parts in their respective country. The French and Brazilian legislative measures incorporate the principle Řarms, however implicitly. The question of whether a taxpayer has respected the principle Řarms, however implicitly is a matter of fact to be examined in each case
Forge, Alexis. "Essai sur l’éviction du juge en droit du travail." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020016.
Full textThe introduction of measures designed to avoid taking industrial disputes before a judge illustrates the current policy of anticipating outcomes and settling matters out of court. Preference is given to coming to an agreement that corresponds to the case in hand and satisfies all the parties involved rather than a decision imposed by a third party. The common consent termination and the settlement agreement, supported by both the legislator and the judge, have become widely appreciated practices. There is, however, room for improvement. After being excluded from employment law in France for many years, with the notable exception of industrial tribunal conciliation, alternative ways of settling disputes have recently been promoted by the public authorities, but have not proved as popular as expected. These mechanisms are designed for widespread application but they need to be reinforced and adapted to the corporate world. The judge’s position needs be revised and judges need to be able to exercise greater control