Dissertations / Theses on the topic 'Transport international de marchandises'
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 'Transport international de marchandises.'
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.
Djoric, Ana. "Le contrat de transport international terrestre des marchandises." Paris 10, 2004. http://www.theses.fr/2004PA100202.
Full textInternational inland transport of goods is subject to three different international conventions. A company willing to transport goods from one end of Europe to the other, working according to the principles of market economy, can not take advantage of different modes because the convention on multimodal transport does not exist. This problem can be solved by adopting of an international convention that would fill this legal gap. But such initiative has failed already. As the mechanisms of the adoption of an international convention are complicated and take time, such uniformity can be achieved on the basis of adoption of principles for international contracts. Uniform application can be granted by the CJED in EU
Coulibaly, Climanlo Jérôme. "Les Intermédiaires du transport maritime international de marchandises en droit ivoirien." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37604097j.
Full textBokalli, Victor Emmanuel. "Conteneurisation et transport multimodal international des marchandises (aspects juridiques et assurances)." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32005.
Full textTo try and reduce transport cost, chiefly by reducing goods handling fees and boats stay in port, containerisation has been introduced in sea transport. This coming of containerisation involved the developpement of combined transport which is the moving of goods by at least two differents kind of transport. This containerisation and this combined transport are the real revolution of the last decades in the fields of transport. But this technical change is not always followed by legal arrangements, this, either in the french national level or international level. Indeed considering that the limitation of the transporter's responsability in case of a faulty fulfilment of the transport contract apply more often by parcel, a question must be asked of what can be understood as a "parcel" as far as container is considered ? is it the container and the contents ? or each of the goods taken separately ? despite some legal adjustments, the question has not been completely answered as yet. In the same way the present container carrier ships are adapted to deck transport. In fact this form of transport was excluded from the former regulations. Except from the french law, international texts are not adapted to the developpement. . . The same consideration for the general average. Of the fields of insurance, it appeared to us that the container improved the risks of the insurers. For the combined transport, it has not been yet subject of a uniform and imperative regulation, which entails a proliferation of typical contracts, which now constitute the only legal facing in
Coulibaly, Climanlo Jérôme. "Les intermédiaires du transport maritime international de marchandises en Droit ivoirien." Nice, 1987. http://www.theses.fr/1987NICE0006.
Full textHounkanrin, Finagnon. "Le contentieux du transport de marchandises par voie aérienne." Rouen, 1988. http://www.theses.fr/1988ROUEL060.
Full textThe air goods transport takes an important place in international trade. So, it is interessant to take a look aver legal difficulties which are raised and how courts of justice settle them. Air transport is ruled by Warsaw convention which lay down uniform provisions about air carrier's liability. Those provisions were sometimes misinterpreted by law courts (civil or common law). Moreever, technical progress, the improvement of the standard of living have changed the rules laid down for sixty years. The gap between legal rules and reality is a source of problems between carrier and consignor. This theisis makes a synthesis of air freight litigations. Many important questions like carrier's liability, limitation of liability, serious offence were explained. Conditions to sue were definied. Law cases can be classified in two ways : in one hand, those which defend the interest of the consummer and those which defend the interest of the carrier, in other hand those which follow the spirit of warsaw convention and those which do not
Diallo, Ibrahima Khalil. "Les Conflits de lois en matière de transport international de marchandises par mer." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37604545p.
Full textLacasse, Nicole. "Le Transport multimodal international de marchandises étude comparative des droits canadien et français /." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37614839s.
Full textDiallo, Ibrahima Khalil. "Les conflits de lois en matière de transport international de marchandises par mer." Paris 2, 1987. http://www.theses.fr/1987PA020001.
Full textLacasse, Nicole. "Le transport multimodal international de marchandises : étude comparative des droits canadien et français." Paris 1, 1988. http://www.theses.fr/1988PA010253.
Full textThe international multimodal transport of goods is unified at the technical and commercial point of view, but not at the legal level. The multimodal transport contract has emerged from the commercial usages. The analysis of specimens of contracts used in the international business shows that three ways are used for the organization of this kind of transport : juxtaposed contract, contract with an intermediary who takes in charge the organization of the transport and contract with several carriers (consortium). Each of these methods have different implications on the documentary point of view and on the liability of each carrier who executes a part of the multimodal transport. The emergence of original legal regimes in the contracts of multimodal transport doesn't turn this kind of transport away from all national or international legislation. The connection between the contractual forms used in practice and the positive law in france, canada and in the international conventions brings out the legislative rules susceptible of application in multimodal transport. Thus are expounded the notions of freight forwarder and carrier in canadian law, and then the notion of "commissionnaire de transport" in french law. Afterwards, the rules applicable to some specific cases of multimodal transport provided for in international unimodal conventions actually in force are analysed. Finally, the legal regime elaborated in the convention on international multimodal transport of goods of may 24, 1980 is explained
El, Khatib Kassem. "La réunification du droit du transport maritime de marchandises : mythe ou réalité?" Paris 1, 2008. http://www.theses.fr/2008PA010302.
Full textDiagne, Soudou. "Conteneurisation et politique sénégalaise de maîtrise du transport international de marchandises par voie maritime." Grenoble 2 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb376045430.
Full textDiagne, Soudou. "Conteneurisation et politique sénégalaise de maitrise du transport international de marchandises par voie maritime." Aix-Marseille 2, 1987. http://www.theses.fr/1987AIX24000.
Full textThis thesis consists in doing an economical analysis of the Senegalese policy of control his shipping transport of goods facing the containerization. Three hypotheses are examined. - the first one demonstrates the contradiction between the Senegalese policy to fit his economy in the international capital and his policy of control his shipping transport of goods. - the second one indicates that the containerization doesn't benefit to Senegalese economy. - the last one explains that the out of control situation requires internal and external actions vis-à-vis of the Senegalese economy. After presenting Senegal's geographical position and showing structure, orientation and balance of Senegalese foreign trade, the study begins by analysing how both foreign trade and technological change concepts are considered in the different theories of development. This theoretical approach is used as a foundation to define the control of international transport concept which is used after- ward for determining the obstacles to Senegalese policy in shipping international transport of goods. The containerization is designed as a phenomenon revealing the limits the aforesaid policy. Considering the international economic realities, the proposals consist only to fetch how to soften up the out of control situation. Three ideas are put forward : the review of the production's structure, the supervision of the auxiliary transport sector in shipping and the creation of an E. C. O. W. A. S. Ship line
Assongba, Cossi Hervé. "Les contentieux en transport maritime de marchandises par conteneurs." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20005/document.
Full textThe container shipping has become universal because of its multimodal nature. The success of this mean of transport is also linked to the involvement of many professionals from both private and public sectors. However, the container shipping constitutes a field of litigation sometime ignored. The use of these boxes involves not only litigations of private nature but also of administrative nature. Although some international conventions regulate shipping in general, the unsuitability of some of these norms does not help the settlement of these litigations. And, as the customs administration is upstream and downstream involved in the execution of the contract of carriage, its involvement is a source of disputes whose settlement implies two different kinds of courts
Ngamkan, Gaston. "Le cadre juridique du transport multimodal international de marchandises : l'exemple du Cameroun : contribution à la mise en place d'une législation applicable au Cameroun." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32022.
Full textMultimodat transport is the displacement of goods by the successive use of at least two different means of transport, by virtue of a single contract, under the responsability of an operator named a "multimodal transport operator" (mto). This method of conveying of goods has attained an impressive stage with the development of new transport techniques, especially that of containerisation. But, if the system functions harmoniously in a practical, technical and commercial way, it is unfortunately not the case on the legal plan, where the situation remains unclear, characterised by the diversity of applicable regimes. A general regulation has however been realised with the elaboration of the geneva convention of 24 th may 1980, but it has not yet been enforced principally because of political and economic reasons. Nevertheless, this convention constitutes a text of good qualityfrom the point of view of the responsability regime, a good basis for a national law. It would therefore be beneficial for cameroun to ratify this instrument and adopt an internal legislation based on this, as has already done some countries, like mexico and chile
Kouka, Abdelkerim. "Le contrat de transport maritime de marchandises en France et en Tunisie : théories et pratiques." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020069/document.
Full textIn international transportation of the goods by sea, the contract of transport of goods is the act concluded between the charger and the carrier. But, conjunctively, it does not include only these operators. The beneficiary is contracting party of right because he is, in fact, the beneficiary of the contract of transport. From certain moment, it is him who is the commander of the goods and who commands (orders) the execution of the contract. In case of damage, he has to ask for reparation to the carrier. However, to avoid any eventual condemnation, the author of the damage can, to exempt, appeal to one of the excepted perils. But, these cases remain widely debatable both at the level of their number and their consistence. The solution is of reducing at most the number because the briefer is the list of the excepted perils, the more the responsibility is in full objectivism. This solution can be made effective by the adoption of a system of responsibility retaining only the gravest causes of exemption only, which cannot be imputed to the shipping company and which make logically it a rule to know the coincidence and the major forces, the state of the goods, the fact of the charger and\or the addresser and the fact of someone else (third party). However, to be able to ask for repair of damage it is necessary at first to avoid it is enough for the plaintiff (applicant) to prove the production of the damage and the moment of its emergence. What means that he just has only to prove the damage and that this damage occurred when the goods were under the guarding (nurse) of the carrier between the moment of their apprehension and that of their delivery, in destination, in his (her) legal successor such as described in the document of transport. In summary, he has to prove the reality and the importance of the damage undergone because of the way the shipping company settled its contractual duty, in the first one to satisfy its obligation (bond) fundamental and essential to supply a ship with seaworthiness and to maintain this state until the promised result (profit) is reached (affected). If the promised result (profit) is not reached (affected), he (it) lives, in case of damage, responsible. The seaworthiness is the primary condition for a ship. It would be in the ship that the thought belongs to the man. We could support that a person with disrupted mental capacities or working badly is a subject of risks that can be affected by some dysfunction and can even lose the cap. This person will be, certainly; originally at the origin of several disputes and affairs before courts. In the same way, for a ship, the seaworthiness of which is compromised
Lavenne, Frédéric. "La politique commune des transports routiers de marchandises /." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59570.
Full textBecause the task was so huge and difficult, the common policy for road transport of goods encountered real problems. But the European Communities soon realised that transport was the prime issue if they wanted to succeed in the establishment of a free trade area.
Fattal, Raghid. "L'évolution de la responsabilité du transporteur maritime de marchandises dans le droit international." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010299.
Full textThe principle of the contract for the carriage of goods is to carry them from place to another. This contract is different from other similar contracts, like the Contract of Tonnage and the Charter Contract. Some International Conventions have created imbalance between the carrier and the shipper. In order to avoid this imbalance, the international legislator has created multiple Conventions. The latest Convection was the "Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea''. The Rotterdam Rules adopted on December 11. 2008 by The UN General Assembly in New York. The main advantages of the Rotterdam Rules are the world reunification of the law of carrying, the rebalancing of shipper's interests and the carrier's interests, the use of one contract for the whole carrying of goods and the modernization of the law of carrying by sea
Gningue, Mame Bigué. "Gestion du risque sécuritaire dans la chaîne logistique globale : le cas du transport international de marchandises." Le Havre, 2011. http://www.theses.fr/2011LEHA0024.
Full textGlobalization has promoted explosion of international trade and great importance of maritime transportation system which can’t be overlooked in global supply chain continuity. Containers are remarkably useful and efficient, but potential security risk sources in ports and their possible use for terrorist attacks has drawn great attention since 09/11 events. In addition to measures in place, European Union has set up specific initiatives to enhance international transportation security while improving global trade, hence increasing ports competitiveness. To contribute to this securization and fluidification trend, we have participate in this doctoral research to the elaboration of a new security risk management approach for the international goods transportation system. This has enabled us to think about the transposition of traditional risk management methods in a supply chain context. We have transferred HACCP method from food industry to the container transportation chain. Results of the case study realized on Le Havre Port show that this transposition may imply adaptations according to the risk and the context, and point out HACCP limits when qualitative data are used. In perspective, we propose to examine these limits in more details and explore HACCP combination with other risk management tools in order extent its application to international transportation
Kunth, Antoine. "Chemins de fer en transition : le transport international de marchandises dans les pays d’Europe centrale et orientale, 1989-2004." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST1109.
Full textThis thesis begins with the analysis of the freight transportation flows in the Central and Eastern European Countries (CEECs), from 1989 up to membership of the European Union (EU) in 2004. During more than a decade, the CEECs have gone through deep political and macroeconomic structural changes that led to the opening up of the CEECs’ trade with the EU. The fall of the Berlin wall was followed by the reorientation and restructuring of the railway networks and services along the national borders, which are revealed by the freight flows. Although the transport demand changes as a result of the new trade exchanges, which give more importance to the road transport, railway networks are challenged by new factors of uncertainties generated by the transition process itself, such as the restructuring reforms initiated by CEECs’ governments, as part of the negotiations to enter the EU. Railways respond by implementing what is described as being surviv al strategies, and in some cases rehabilitate former socialist institutions that were actually abandoned in the early stage of the transition. Throughout the whole transition process, the railways demonstrate a strong capacity of inertia against change, whilst incarnating a needed form of stability during the periods of rapid and chaotic changes of transition
Abdul-Hay, Imad Eldin. "Le consignataire du navire dans le transport maritime international : étude comparative avec le droit français." Nantes, 1997. http://www.theses.fr/1997NANT4011.
Full textThe ship's agent represents the shipowner or the maritime-carrier in the ports where their boats (ships) come to call at. He achieves many different activities related to ships and cargos, whether it is goods or passengers, or both. Since the activities of the ship's agent are multiple, we can consider the term "ship's agent" too restricted and too technical. In fact, the "pure" consignment is, nowadays, just one facet of the profession. It appears that the concept is wider and fits much more to the concept of the "maritime agent", including all the technical and the commercial aspects of this activity. However, the trench legislation, like the syrian legislation, unlike the english one, don't recognise the notion of "maritime agent". Contrary to the consignment in france, which is a free activity, consignment in syria is reserved to only one enterprise. This state-controlled monopoly is open to criticism. Both in the french and the syrian law, the ship's agent is considered as a salaried proxy. His mandate is often a common interest mandate. To achieve his mission, the ship's agent has obligations and rights. Nevertheless, these rights are shaky: the problem is posed by the keeping seizure of chartered ships. On this point, it is not obvious that the french and the syrian legislation would be always applied in front of foreign jurisdictions. The responsibility regulation of the ship's agent is similar both in the french and the syrian law. He is responsible as a salaried proxy. However, there is a particularity in the french law when the ship's agent makes handling and keeping operations. It is a special regulation based on article 13 of the law of 1969 relating to the fitting out and the maritime sellings
He, Jing. "La réforme du droit chinois du transport maritime de marchandises." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1009.
Full textThe carriage of goods by sea constitutes at present time a pillar of international trade and one of the principal engines for the globalization. For this reason, the law of the carriage of goods by sea, being as the primary trigger for the maritime law, remains always its essential position in this domain. Due to the technological progress in the construction of the vessels and to the changes of the operational mode of maritime exploitation, the relevant laws in force are confronted with progressive transformation in practice. Particularly in relation to the Chinese maritime law, because of absence of the tradition in this regard, it has been inspired inevitably by the international norms, with respect to its development. At the current time, the question here is whether to introduce some new instruments, and in particular the Rotterdam Rules, in the process of modernization of Chinese positive law ? The present research is intended to provide some recommendation notices, proposed for the reform of the Chinese law of carriage of goods by sea, vis-à-vis the Rotterdam Rules. In the context of a worldwide economy, the modernization of the Chinese positive law, and especially in terms of maritime law, should be deployed with the following sprits: the participation and the integration to the international system on the one hand, and the recognition of its particularities in the course of the legislation on the other hand
Miranda, Guerra Frank Nectali. "Le conflit de lois en droit des transports de marchandises par mer." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD008.
Full textThe international uniformity of the carriage of goods by sea law is characterized by certain deficiencies. For instance, the Hague-Visby Rules are applicable only to the maritime leg, so the operations before and after the maritime leg are not under regulation. Here private international law will determine the law to regulate these operations, but the conflict of laws is generalized and there are very few special rules related to the carriage of goods by sea. To guide the choice between the general and special conflict of law rules, the specific characteristics of maritime contracts have to be taken into account. This research tries to determine the deficiencies in the international uniformity of the carriage of goods by sea law, studies the application of the conflict of law rules to maritime contracts and to show how the specific characteristics of maritime contracts influence the choice and the interpretation of the general conflict of law rules. The research takes into account contract and private international law in France and Panama
Tixier, Christine. "Orientation géographique des échanges de la région Limousin à partir d'un modèle de gravité." Limoges, 2006. http://www.theses.fr/2006LIMO0511.
Full textThe aim of this thesis is to identify the variables which influence the interregional and international trade of LIMOUSIN Region using a gravity model from 1990-2001. Our research is organized in four steps. The first one is a theoretical survey of the foundations of gravity model. The second one relates an empirical survey of empirical studies concerning the gravity model for international trade. Improvements of this specification have been proposed in the light of this survey. The third step consists in the analysis of the geographical orientation of interregional and international goods trade of LIMOUSIN Region according to different disaggregated levels and means of transport. The last step of this thesis proposes, considering the previous step, an econometric adaptation of gravity model to different disaggregated levels to show that geographical distance, economic “mass”, economic distance, adjacency or infrastructure levels (road, railway) are relevant factors to explain the trade of a Region. Due to scarcity of data at a regional level, it is difficult to adapt the gravity model as a tool as it is mainly used in international trade. Nevertheless, our results remain in conformity with the empirical literature
Akpaca, Jonas Didier. "La livraison de marchandises dans les contrats internationaux de vente, de transport et d'assurance." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32013.
Full textIn most of the recent international conventions wich serve as uniform law or as law applicable to contracts of international sale of goods or the international transportation of goods, the concept of delivery is used in preference to the concept expressed by the french term "delivrance", wich, to us, does not appear to have a concise english translation. The choice of the concept of delivery is justified by mainly the fact that the concept of "delivrance" has the disadvantage of being more complex and is known in only the (metropolitan) french inspired legal systems. By delivery of goods, one means a priori the effective handing over of goods to a person entiled to them, and without this effective handing over, the effective putting of the goods at the disposal of a person entitled to themin conformity with either the stipulations of the contract of the effective legal previsions of the customs or usual pratice. By virtue of principles like good faith, due diligence etc. . . , wich form the foundation of contracts, one can envisage only goods prevised in a contract for putting at the disposed of, that is for delivery to, a person. Consequently, the issue of the whether the goods are conform to be landed over without it being an element of definition of delivery, can play a more or less important role a posteriori (in the sales and in certain cases of transportation) or a priori (generally in transport) in the verification of the delivery obligation. Besides any delivery carries with it risks which can be limited or even controlled optimally by the interested parties by practising a true cooperation (obligations of information, conservation, etc. . . ) and by carefully preparing the modes of delivery
Tchimmogne, André. "La facilitation du transport maritime de marchandises dans la Communauté Économique et Monétaire de l'Afrique Centrale (CEMAC)." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D032.
Full textIn the wake of the port reform that took place in Cameroon at the end of the 1990s, the public authorities hoped that the ideal transit times for goods to be imported should be 7 and 2 working days for export in the medium term. In order to take into account the difficulties associated with the experimental phase of the reform during the transitional period, the duty periods considered more or less attainable during which the goods should not be liable to demurrage and / or parking fees, were fixed at short term at 11 and 7 days, respectively for import and export. In the third quarter of 2017, the analysis of the figures presented by CONAFE shows that the average of these delays varies respectively between 16 and 18 days for the importation of the containers and between 16 and 20 days, for the importation of the vehicles. Specifically, 63%, 54% and 57% of containerized import goods paid penalties in the first three quarters of 2017. On one hand, 89%, 84% and 86% and on the other hand, 54, 49 and 67% of the imported vehicles paid the same penalties during the same intervals during their stay at SOCOMAR and TMFD. The situation is almost the same in the ports of the other states of the CEMAC sub-region. Importers of goods in transit face the same difficulties. A comparative study presents more or less laudatory statistics in other sub-regions of the world, notably in Europe. In such a context that is not unique to CEMAC, it is necessary to review the different procedures and measures prescribed for the movement of goods. In addition to the logistical challenge, there are also issues related to legal instruments that are inapplicable or that have shown their limits because of the dissensions recorded during their implementation. Particularly in the CEMAC, the reform of the transport and trade procedures, the legislation as well as the coordination of the various actors of the transport chain are an emergency. It is clear that there is also a real lack of infrastructure and both material and financial means. Added to this are issues of governance, legal predictability, transportation risks, and the need to protect the environment. At the end of the analysis, it emerged that many efforts have been made. The fact remains that the CEMAC States can only genuinely facilitate their trade by taking advantage of international instruments. In addition to the existing texts, certain innovative provisions of the Rotterdam Rules and the Trade Facilitation Agreement must make it possible to solve the problems related to the contractual relations, the deadlines, the costs of passage and the delivery of the goods. No doubt that is what justified the almost servile appropriation of the first text by the Community legislator and the ratification of the second by certain States. But to make the most of these instruments, their adoption and implementation must take into account the economic context of the sub-region. If effective participation in trade is a sign of power, their policy of community ownership or adoption should take into account the sub-regional economic context
Branellec, Gurvan. "La coexistence des règles applicables au contrat de transport international de marchandises par mer : contribution à l'étude de l'uniformité du droit." Phd thesis, Université de Bretagne occidentale - Brest, 2007. http://tel.archives-ouvertes.fr/tel-00511315.
Full textBranellec, Gurvan. "La coexistence des règles applicables au contrat de transport international de marchandises par mer : contribution à l’étude de l'uniformité du droit." Brest, 2007. https://tel.archives-ouvertes.fr/tel-00511315.
Full textOuoba, Souleymane Labity. "La logistique des transports internationaux appliquée aux échanges extérieurs du Burkina-Faso." Paris 4, 1995. http://www.theses.fr/1995PA040139.
Full textBurkina Faso, a west-African country is completely cut off from the sea. This gives rise to transportation problems in the exchange of goods between Burkina and Europe. Only a few airlines fly into the country with the result that costs are high and capacity is naturally limited. The use of sea transportation, the obvious alternative, generates its own problems because of Burkina Faso’s dependence on the goodwill of neighbouring states. Overall, Burkina Faso’s participation in the international transportation market is limited by a definite lack of knowledge, expertise and organisational experience. If Burkina can develop the organisation of its own transportation system costs will be cut and time will be saved
Tran, Dac Khoa. "Systèmes d'information communautaires : cas du transport international de Fret." Phd thesis, Ecole Nationale des Ponts et Chaussées, 1996. http://tel.archives-ouvertes.fr/tel-00529484.
Full textHerro, Rita. "Vente et transport : Indépendance ou interdépendance?" Paris 1, 2009. http://www.theses.fr/2009PA010310.
Full textLaazizi, Mohamed. "Les règles de Hambourg et la responsabilité du transporteur de marchandises par mer : esquisse d'une évolution." Nantes, 1987. http://www.theses.fr/1987NANT4004.
Full textWithout introducing profound changes in the marine transport law, the Hamburg rules establish a considerable development since the Brussels convention of 1924 relating to the same matter. We can appreciate this development at two levels : firstly relating to the material rules of carrier liability they simplify these rules while at the same time emphasizing the liability. The time limit on the liability is extended so is the domain covered, in fact they cover areas left untouched by the Brussels convention without calling into question the traditional framework of liability. These rules seek to limit the list of exonerating circumstances. Secondly, the Hamburg rules effectuate a progressive assimilation of marine transport rules with these rules in use in air transport and overland transport elaborated through international conventions. In addition to what has been forementioned, these rules have contributed with other international instruments to the formation of a new international marine order. The presence of third world or developing countries in their roles as carrier or shipper in the elaboration of these rules has been an non negligible factor in the democratisation of international marine transport
N'zi, Jean-Claude. "Le droit ivoirien des transports : réflexion critique sur l'état du droit ivoirien dans les transports terrestres, aériens, maritimes, internes et internationaux de personnes et de marchandises." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32075.
Full textThe thesis examines Ivorian transport law on a comparative approach. It points out the whole process of development which transport law has undergone since the independance of the Ivory Coast. In this work, attention is given to the deffering elements and the lack in autonomy of Ivorian law in comparison with French law from which it derives. To achieve the aim of the thesis, it appears necessary to give an overview of French transport law which is not completely different from Ivorian law. The latter is in fact "the clone" of the former. Because Ivorian law is on familiar terms with French law, it is all but valuable to summerize the leading solutions to the major problems of transport contract (and its schedules) which the Frence system has built up since the beginning of the XIXth century. The fact that Ivorian law lacks in autonomy has never been an obstacle to its development. The framework of the development of Ivorian transport law does no longer depend only on the legislature, the executive and the judiciary. .
Sidibe, Ali. "Recherche sur l'équilibre dans l'exécution du contrat de transport de marchandises par route : étude comparée droits OHADA et français : essai de contribution à la législation communautaire OHADA." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D057.
Full textThe search for balance in the contract for the carriage of goods by road, envisaged in terms of execution and non-performance of the essential service of the carrier, the movement of the goods, has allowed thanks to a mixture of both interpretative and analytic, to compare the different rules governing the matter in the OHADA space in France and internationally, in fine to highlight the differences between our different sources, and to highlight the vitality of road transport and its role of catalyst in the development of the countries of the OHADA space and the cohesion of the populations. Indeed, while the AUCTMR was largely inspired by the European CMR, the fact remains that it corrects its weaknesses. There are differences in particular : the time of action, the calculation of compensation, the nature of the fault of the valet, the direct action of the valet. The originality of OHADA law lies mainly in its management of conflicts of laws and jurisdictions, since uniform acts are directly applicable in the Member States. In this quest for balance, issues of delivery in a conventional of reasonable time in a context of securities (road and violence) may arise. In fine, the material and financial benefits that characterize the contract of carriage being balanced, it follows that the complete equality of contractual relations remains utopian. Nevertheless, the OHADA law, propelled by French law and especially the European CMR, seeking to establish the balance between the reciprocal obligations of the parties, decides to rebalance the contract thanks to the devices of revision, reduction, or simply to withdraw. This power belongs according to the case, to the judge, to the law or to the parties. The parties may also be released by the force majeure mechanism, or in the event of bankruptcy. The carrier to relieve the burden of the presumption of liability that weighs on him, has the mechanisms of exemptions « general case » and privileged and limitations of liability. These strange mechanisms specific to the right of transport will not triumph in case of fraud attributable to the carrier. The deadlines are given to the rights holders to appear in case of damage loss (3) or delay (60 days) of the goods. Any action on the contract of carriage is prescribed in one year except fraud of the carrier, which brings the time to 2, 3, 5 years according to the system
Nguene, Nteppe Joseph. "Les conflits de conventions internationales de droit privé : le cas de la Convention de Bruxelles de 1924 et des règles de Hambourg de 1978 en droit des transports maritimes internationaux de marchandises." Nantes, 2007. http://www.theses.fr/2007NANT4029.
Full textThe increase in the number of international conventions of private law and the many conflicts of conventions which it generates constitute major phenomena of the modern private international law. The international law of the carriage of goods by sea does not be an exception to this phenomenon. The eminently international character of the transport by sea gave rise to several international conventions in this field. Nowadays, four conventions are in force: the Brussels convention of 1924 (La Haye Rules), its two modified versions of 1968 (La Haye-Visby Rules) and 1979 (DTS Protocol) and the Hambourg Rules of 1978. This four conventions provide almost for the same criteria of applicability, but contain divergent provisions on several questions. Their application thus generates inevitably conflicts of conventions of which the solution is not always easy. The conflict clauses laid down in the considered conventions as well as the solutions provided by the international law and those proposed by the internationalist doctrine can allow the judge and the arbitrator to solve some specific cases of conflicts which would be subjected to them. However, this result does not solve the situation of conflict between the Brussels and the Hamburg Conventions. It would be also appropriate to look for a legislative issue to solve this conflict, in order to revive a tradition of unification of the international carriage of goods by sea law
Robert, Didier. "Le réseau routier français dans la dynamique des échanges de marchandises de la France avec ses partenaires d'Europe occidentale." Paris 1, 2000. http://www.theses.fr/2000PA010536.
Full textBlaszkiewicz, Hélène. "Économie politique des circulations de marchandises transfrontalières en Afrique australe. Les régimes de circulations dans les Copperbelts." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3052.
Full textThis dissertation analyzes cross-border commercial circulations through the concept of circulations regimes. Regimes are defined as lasting articulations of ideologies, policies, actors, hard and soft infrastructures, material and immaterial that enable or prevent the circulations of things. Thanks to an ethnographic study conducted in Central African Copperbelts (in Zambia and Democratic Republic of Congo), this research identified three circulations regimes: - the power-steering regime is founded on a set of technologies that enable goods to move quickly, as speed represents the major positive value actors use to legitimate their actions. This regime is based on extraverted infrastructures whose organization was created during European colonization of Southern Africa. - the spare wheel regime is deployed in case of emergency which is virtually all the time given the permanent fiscal emergency in which the Zambian State is. This regime is based on ambivalent infrastructures through which the government has to find a balance between promoting free trade, as it is expected to do on the global stage and developing neo-mercantilist policies.- the off-trail regime is marked by its modularity: its characteristics make it difficult for the traditional infrastructures to detect and count these circulations. The latter then have the possibility to move more flexibly along non-traditional paths and can contribute to change the general patterns of trade in the long-term. The categorization by circulations regimes allows to analyze more specifically the differentiated use of the same infrastructure network and the role of public and private actors in the bureaucratization of trade
Brunel, Julien Bonnafous Alain. "Prévoir la demande de transport de marchandises à long terme estimation économétrique du couplage transport/économie, le cas des traversées alpines /." Lyon : Université Lyon 2, 2007. http://theses.univ-lyon2.fr/sdx/theses/lyon2/2007/brunel_j.
Full textTran, Thi Thu Thuy. "La vente franco-vietnamienne de marchandises." Perpignan, 2009. http://www.theses.fr/2009PERP0893.
Full textThe legal security seems to be the essential concern of the contracting parts to protect their justifiable interests. When both parts conclude a contract, this last one has to be an instrument of certainty and previsibility; now, we all know that the differences of the national legislations of different cultures are at the origin of uncertainties. Studing to know better the legal system of both countries appears to us as one of the relevant solutions of this problem for the authors of the Franco-Vietnamese sale of goods. In order better meet the needs to insure the legal security in the Franco-Vietnamese deals of goods, the present thesis does not only aim at studying all the French or Vietnamese material legal rules in international sale of goods, but also all the rules of the private international law French and Vietnamese governing the Franco-Vietnamese sale. Indeed, it does not represent that a study of the contents of the law Vietnamese common material or French of the sale of goods because it is about a Franco-Vietnamese sale, that is a relation having elements of foreign origins. In other words, in the presence of an international contract, the problems of the determination of the competent state or arbitration court and that of the law applicable to the sale are imperative before the study of the contents of the material rules of the French law or the Vietnamese law in sale contract. The study of the material rules of the French common law and those of the Vietnamese common law is subjected to the comparative method to raise the conflicts between both systems when the one or the other one may be the law of the contract (the lex contractus). Since conflicts appear and subsist, the study of the exception of the “ordre public” is imperative to notice the efficiency of the lex contractus
Sanne, Pierrick. "Nouvelles technologies d'information et transport de marchandises." Lyon 2, 1986. http://www.theses.fr/1986LYO22013.
Full textMassiani, Jérôme. "La valeur du temps en transport de marchandises." Phd thesis, Université Paris-Est, 2005. http://tel.archives-ouvertes.fr/tel-00710376.
Full textBoye, Ibrahima Diagne. "L'assurance face à l'évolution du transport de marchandises." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32010.
Full textBrunel, Julien. "Prévoir la demande de transport de marchandises à long terme : estimation économétrique du couplage transport/économie, le cas des traversées alpines." Lyon 2, 2007. http://theses.univ-lyon2.fr/documents/lyon2/2007/brunel_j.
Full textThe current research aims to produce long-term forecasts of freight transport demand across the Alps. A first part introduces the literature related to forecast freight transport demand in the long-term. It highlights the role of economic activity as a main determinant of freight transport demand. Then, this issue is discussed using the concept of coupling for freight transport. The second part estimates the relationship between freight transport demand across the Alps and Italian industrial activity. We apply two alternative econometric specifications, a model in rate of growth following quin-quin fret models (Gabella-Latreille, 1997) and an error-correction model following Engel and Granger (1987) procedure in reason of the co-integrated nature of time-series. It shows that the model in rate of growth and the error-correction model results are globally coherent. In a third part, these estimates are combined following an idea purposed by Bates and Granger (1969) in order to produce long-term forecasts of freight transport demand across the Alps. It suggests that these estimates differ from those obtained by previous models. One can observe that previous models generally estimate log-linear models using standard econometric tools in spite of a high risk of being spurious regressions (Granger and Newbold, 1974). More precisely, this research assumes that the estimation of standard models, rather than more advanced techniques, is likely to produce an over-estimation of traffic forecasts of twenty percent
CHEYAP, TIANGUEU HONORE. "L'assurance maritime des marchandises transportees en droits camerounais, francais et accessoirement senegalais." Lille 2, 1998. http://www.theses.fr/1998LIL20001.
Full textIn developping countries, lots of interets are emerging from marine insurance and marine cargo insurance particulary. Relations between cameroon, senegal and france forwer colonial authority are various. Their legal system is heavily influenced by old french's code: the 1807 trade code is still enforced; and french policies cargo of marine insurance of 1968 or 1983 are also applied. A binding marine cargo insurance about imports has been set up by both cameroon (parliament act n 75-14 of 08 dec. 1975) and senegal (parliament act n 83-47 of 08 fab. 1983). But there are many problems about this insurance domiciliation. Some people are thinking wrongly of an assimilation with "customs duty" (cameroon) or "private tax" (senegal). This incomprehension explains probably services quality offered to insured party and also the insurance pratice in these countries. Indeed, the lack of good relationship between insurance agent and insured party, is also due to the lack of qualified employees, general corruption (cameroon) and to the defiscient system of court. Marine insurance implies many consequences : both parties of the contract hope to keep free. The freedoom rule of contract is recognised by three legal systems (cameroon, senegal, france). The authoritatives clauses are drew of the contract. The market's cargo insurance offers many forms of guaranties : limited average, free of particular average unless (fpa) and all risks
Roubaie, Abid Juma al. "Droit des transports terrestres de marchandises : étude comparée en droit irakien et en droit français." Montpellier 1, 1986. http://www.theses.fr/1986MON10037.
Full textShipper and carrier agree to a contract covering overland shipment of goods. As contracting parties, they are bound by this contract, from which their rights derive and whose obligations they assume. Its settlement is subject to common law. Often, however, its effects can extend to a third party, namely, the consignee, who-upon his desmonstrating either express or tacit acceptance of the merchandise, and not only upon this acceptance, but even after fulfilment-benefits from the rights deriving from this contract and submits to its obligations. In certain cases, a fourth party intervenes : the fowarding agent, who acts as an intermediary between shipper and carrier, and who, upon commission, contracts both on his own behalf and on behalf of his principal. The validity of the shipping contract implies the gathering together of the necessary subjective and objective conditions for the formation of all subsequent contracts. Accordingly, the shipping contract is a consensual one, i. E. ,by mutual consent;for,to be perfect,it does not need the intervention of the merchandise. This means that the contract acquires jurisdictional existence at the moment the contracting parties agree as to the nature of the services to be furnished and to the price. Also, the existence of the contract is not dependent upon a written document. It is true that the document delivered at the time of shipment constitutes an excellent proof of the agreed-to contract. In a contract covering the shipment of goods, two major obligations rule in the matter: the obligation accepted by the carrier to transport the goods to the agreed-upon point, and the obligation assumed by the shipper-and also occasionally executed by the consignee-to pay the shipment price. On the responsability level, the carrier guarantees to place the goods at the disposal of the rightful consignees,this within the delivery date, and in the same condition in which they were at the time of shipment. If he does not satisfy his obligation, he has committed a fault of a contractual nature. The basic rule is simple: all damage which occurs between pick-up and delivery is considered to be the carrier's responsability,and this presumption of responsability, which weighs upon him, is very heavy
Four, Charles. "De la responsabilité des compagnies en matière de transports internationaux de marchandises les conventions de Berne /." Lyon : Université Lyon3, 2006. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/1990/four_c.
Full textHounkanrin, Finagnon. "Le Contentieux du transport de marchandises par voie aérienne." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb376143905.
Full textMazigui-Ngoue, Eulalie. "Le transport multimodal des marchandises de la zone CEMAC." Nantes, 2011. http://www.theses.fr/2011NANT4002.
Full textJuly 05th, 1996 in Libreville-Gabon, the six countries of CEMAC composed of Cameroon, Congo, Gabon, Equatorial Guinea, Central African Republic and Chad adopted an Inter-states convention on the multimodal transport of goods practicing in their sub-region, and which came into force the same day. This convention which is the only one nowadays, among all juridical systems worldwide, in terms of applicable positive right in the field, seldom acts, after ten years of existence, as legal basics in a decision of justice or in an arbitration sentence. Besides, we observe in an incomplete manner that this convention is not applied as part of the internal multimodal transport of goods of the states of CEMAC, creating a lacuna in the law thereabouts. This lacuna in the law is filled up by palliatives resolutions, and by a worry of normative creation, as well on behalf of the professionals, that African legislator
Bobongo, Louis Chrysos. "Le prix dans le contrat de transport de marchandises." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D022/document.
Full textNo English summary available
Petit, Florent. "La vocation au tripartisme du contrat de transport de marchandises." Caen, 2005. http://www.theses.fr/2005CAEN0076.
Full textDulout, Stéphanie. "Le risque pénal de l'entreprise de transport routier de marchandises." Toulouse 1, 2001. http://www.theses.fr/2001TOU10059.
Full textThe penal risk of the road transport company of goods covers several fields, which are breaches linked with equipment and vehicles maintenance, social breaches, specific ruling called coordination, price offence excessively too low, etc. . . The object of this thesis is then to establish as much from the point of view of the subject ( transport company protagonists) than the object (the breaches), the penal risk encountered by the company; this double point of view allowing to access to a global vision of the matter