Dissertations / Theses on the topic 'Transport maritime de marchandises'
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Aboussoror, Abdellah. "L'exécution du contrat de transport maritime de marchandises en droit marocain et en droit français." Nantes, 1999. http://www.theses.fr/1999NANT4016.
Full textKpoahoun, Amoussou Aubin. "Les clauses attributives de compétence dans le transport maritime de marchandises." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32050.
Full textAssongba, 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
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
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
Ahouandjinou, Djossinou Hospice. "Contribution à l'étude des problèmes liés à la délivrance des marchandises dans le transport maritime." Aix-Marseille 3, 1988. http://www.theses.fr/1988AIX32011.
Full textThis research work titled "contribution to the study of the problems of delivery of goods in maritime transportation" analyses in an indepth manner an aspect of execution of contract of the goods by sea. The study is divided into two sections : the first entitled "the normal system of delivery" examines the obligations discharged before the delivery of goods (for example the determination of place and time of delivery, arrival notice, freight charges etc. . . ) this section also examines : (1) the role and importance of juridical title, the bill of lading in the execution of delivery (2) the place and the role played by intermediate agents to the goods transported (for example cargo handling companies, shiping agents, forwarding agents, custom agents etc. In the effective executive of delivery. With respect to the second section titled "the incidents of delivery", it underlines three principal problems namely : (1) delivery in a port other than the one agreed in contract (2) delivery without bill of lading (3) failure to deliver. Finally, this study facilitates the understanding of the "notion of delivery and underlines the inherent problems and di
Tchuinkam, Noukague Gustave. "Automatisation des fonctions documentaires et aide à la gestion des litiges dans le transport maritime de marchandises : essai d'adaptabilité de l'approche objet à la modélisation des connaissances juridiques." Montpellier 1, 1998. http://www.theses.fr/1998MON10028.
Full textKouka, 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
Ngnintedem, Jean-Claude. "La responsabilité du transporteur maritime de marchandises en droit camerounais." Perpignan, 2004. http://www.theses.fr/2004PERP0521.
Full textAt the beginning of the 21st century, shipping cargo is now subject to multiple legal systems. However, if some matters can be settled following by legislations, maritime law is one of them more precisely dealing with the liability of all parties in Bills of Lading. That is why I compared international law and domestic law in order to point out what makes Cameroon special and how Cameroon's case law develops, abiding both by international law and domestic law. Besides, my goal will be achieved if I can contribute to the research into the lawyers practise of the law in Cameroon, at a time when Cameroon's Governance Program recommends law awareness as a condition for everyone to have access to justice. This research should outline the legal field of cargo shipping, all the more as the professional carriers and shippers of Cameroon are not always aware of all the meanders of the law and need to get more and more familiar with the clauses of such convention
Hou, Wei. "La liberté contractuelle en droit des transports maritimes de marchandises : l'exemple du contrat de volume soumis aux Règles de Rotterdam." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32059.
Full textFrom the Harter Act of 1893, the freedom of contract in the bills of lading has been limited to prevent the abuse of the negligence clause in consideration of protecting the interests of the shipper. This idea has been followed by the subsequent legislations in regard to maritime transport. Henceforward, maritime transport is divided into two parts: the contract of carriage under bills of lading in line transportation and the contract of carriage under charter party in tramping. Comparatively, the former is subject to mandatory regime in order to protect the weaker party; the latter is leaved in the freedom of contract on the ground that the parties are on an equal footing. After the entry into force of the Shipping Act of 1984 in United States, the service contract is introduced to enhance competition among carriers in line transportation. The shipper and the carrier can freely negotiate freight rates and other conditions of carriage. In the draft of the Carriage of Goods by Sea Act of 1999 of United States, the service contract was involved. It is not sure that the service contract is subject to the mandatory regime where the parties are on an equal footing. The draft COGSA 1999 has offered wide scope to freedom of contract in service contract. This idea has been followed by the Rotterdam Rules regarding the volume contract at the international level. The contract volume is also given considerable scope of freedom of contract. The debate is open. For shippers, the freedom of contract in volume contract will be harm to their interests, especially for small or medium-sized shippers. This concern draws special attention from the legislature of the Rotterdam Rules. Safeguard measures were put in place to prevent the abuse of the carrier. On the one hand, the preconditions for the realization of freedom of contract have been adopted. On the other hand, the freedom of contract in volume contract is limited by the mandatory obligations and the principle of good faith. Indeed, this is one of the most controversial issues during the negotiation of the Rotterdam Rules. According to some, it will be a great obstacle to the entry into force of the Rotterdam Rules. Thus, it is necessary to study on this question of reality when we're evaluating the impact of this international convention concerning maritime transport
Kpoahoun, Amoussou Aubin. "Les clauses attributives de compétence dans le transport maritime de marchandises /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/389698180.pdf.
Full textCoulibaly, 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 textCoulibaly, Climanlo Jérôme. "Les intermédiaires du transport maritime international de marchandises en Droit ivoirien." Nice, 1987. http://www.theses.fr/1987NICE0006.
Full textNguimfack, Tsobgo Germain Merlin. "Réflexion critique sur les modes de règlement des litiges dans le transport maritime de marchandises." Nantes, 2012. http://www.theses.fr/2012NANT4021.
Full textTazi, Jamal Eddine. "Les aspects économiques et juridiques du transport maritime de marchandises au Maroc." Nantes, 1986. http://www.theses.fr/1986NANT4010.
Full textAs Morocco has got more than 3400 km of coasts, and 98% of the exteriors exchanges take place by using the sea, the transport of goods in Morocco plays or must play an essential part in the national economic development. The analyze of the political promotion of transport of goods occupies then a very big importance. At the same time, as the sector of the transport maritime being naturally international and technologically changeable we must know the challenge of effects of these changes on the national maritime sector. Finally to have a general idea about this sector in Morocco, it is very necessary to have a quick look about the reglementation of the transport's maritime relation of merchandises ; as an example, we take the comparison between the concerning dispositions in the code of maritime commerce and those in the project of reform of the same code which will be used in the near future
El, Khatib Kassem. "La réunification du droit du transport maritime de marchandises : mythe ou réalité?" Paris 1, 2008. http://www.theses.fr/2008PA010302.
Full textTchimmogne, 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
Khodjet, el Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et mise en oeuvre par les États /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2003. http://catalogue.bnf.fr/ark:/12148/cb39081199p.
Full textWatat, Hervé. "Le contrat de transport maritime de marchandises à l'épreuve du droit commun des contrats." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D064.
Full textThe relations between ordinary law and maritime law notably special transport laws are complex, but full of teaching. At the heart of this dialectic is found the contract of maritime transport of merchandise, which is executed in a milieu that is not natural to man: the sea. While others claim its autonomy and stress with force that its speciality forbids its inclusion in ordinary law, others on the contrary, affirm that it cannot succeed without the latter, from which it draws all its essence. Particularity, autonomy, submission, are expressions currently used to characterise this relation, though at the end, we don‘t know if the transport contract is dominated by the general theory of the law of contract or is detached from it. This study helps to give a clear response to this worry. The confrontation of two sets of rules reveals a strong domination of the general theory of contract on the contract of maritime transport of goods. As a contract, the latter witnesses a natural influence of ordinary law. In effect, through its subsidiary vocation recently reaffirmed by the new article 1105 of the civil Code, ordinary law always fills the gaps left by the transport contract and instills a certain coherence in the latter. However, its domination on transport contract is not total. In fact, on certain aspects, the latter goes out of the sphere of ordinary law to instill in it some originality, better still, its particularity. This is manifested on the one hand, through some resistance of ordinary law by the contract of maritime transport. Or, the unsuited nature of ordinary law to certain situations created by the practice of maritime transport. The notion of consent or the diminished conception of the relative effects of contract for example, does not allow for the taking into consideration of all the richness and the singularity of the contract of maritime transport. The situation of the consignee entirely disfigures the classical conceptions of the law of contract. On the other hand, this particularity is revealed by rules and mechanisms specific to the contract of transport, notably at the level of the regime of liability of the transporter. Comparable to a veritable status, this quasi-exclusive regime exerts a strong attraction to all actions initiated against the carrier, whether they are contractual or tortuous. To sum up, the contract of transport is neither entirely subject to the ordinary law nor autonomous. It swings between the two
Dajoux-Ouassel, Catherine. "Les incidents à la livraison des marchandises dans le contrat de transport maritime et le contrat d'affretement au voyage." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32037.
Full textAbdul-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
Diagne, 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
Dammak, Hichem. "Contribution à l'étude du chargement et du déchargement des marchandises dans les contrats d'affrètement et de transport maritime." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32078.
Full textThe study of the operations of loading and discharging in the contracts of carriage of goods by sea and the contract of chartering concern the study of the legal regime of the loading and the discharging the goods by sea. It is necessary to establish a comparison between the English and the French law concerning the carrier's obligation to load and to discharge, also the case of the responsability of the carrier for loading and discharging of goods, in this point is important to treat the liability regime of the carrier for loading and discharging of goods. This liability regime is under The Hague/Visby and the Hamburg rules. Finally it is also important to treat the legal regime of loading and discharging of goods in the contract of chartering. In this point, it is necessary to see the charterer obligation's to load and discharge the goods in the contract of chartering and the shipowner obligation's to stow goods
Lopez, Charles. "Le transport fluvio-maritime, quelle pertinence socio-économique pour le bassin Rhône-Saône ?" Lyon 2, 2008. http://theses.univ-lyon2.fr/documents/lyon2/2008/lopez_c.
Full textSea-river shipping is a form of short-sea transport and an interesting multi-modal transport. Its concept is simple: one vessel sails both coastal and inland waters. Sea-river ships can connect the hinterland with overseas destinations without the need for an intermediate transhipment. As a result, transport costs are lowered and the risk of damage due to handling is reduced. Nevertheless, sea-river shipping has not been significantly developed in Europe (Rissoan, 1994, 1995). Substantial traffic volumes are only found on a very limited number of routes (e. G. Rhine; some Russian waterways). In France, it is restricted to a very limited number of waterways, such as the Seine or the Rhône-Saône basin. On the Rhône-Saône corridor, sea-river shipping can directly connect inland ports with Mediterranean seaports. Then, it offers “Rhône valley-Mediterranean” logistics. Rissoan (1987) tries, for different products, to define the competitive navigational area of sea-river shipping (including river and maritime trips). Konings and Ludema (2000) evaluate the opportunities for sea-river shipping on the United Kingdom – Germany corridor (Rhine). They examine its competitiveness with regard to a number of alternative transport modes. Nonetheless, there is no study which calculates the volume that divides the transport market between sea-river shipping and a “river + sea” alternative. A reasonable question arises: at which threshold, in terms of tonnage, are sea-river vessels more efficient than barge+shortsea transport service? Comparing the returns to scale of each transport chain, we define this tipping point. The costs production function is taken from Cullinane – Khanna (2000) and Stopford (2002). After addressing this question, we determine, for different ports of the Rhône-Saône corridor, the maximum sea trip that is efficient for a sea-river vessel (as a function of tonnage). After Rissoan (1987), we define the competitive navigational area of sea-river shipping. Our specific contribution is to consider the nautical access offered by inland ports along the Rhône and the Saône
Khodjet, El Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et pratique des états." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32032.
Full textAs a semi-enclosed sea, the Mediterranean sea is particularly vulnerable to pollution. Maritime transport make an handsome contribution to it. It causes accidental discharges and operational ships gener ated wastes due to the numerous tankers and chimical bulks that cross the Mediterranean sea daily. Despite the important preventive policy framework erected in the 1970' in order to protect the Mediterranean sea, maritime pollution is still poorly controlled in this area. This inefficacy of preventive policy framework is largely due to flag states failing to control ship conformity that is too weakly counterbalanced by port states controls. Mediterranean harbors under-equipment of reception facilities for ship residues is likely to contribute to the failure of the elimination of operational pollution. .
Pons, Myriam. "L’Union européenne et la sécurité des transports maritimes de marchandises et substances dangereuses." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1012.
Full textMaritime transport has strategic importance for the economy of the European Union. Each year, one billion tons of oil pass through the ports and waters of the EU. Two billion tons of goods are loaded and unloaded in its ports. Because of the disastrous consequences the sinking of Amoco Cadiz has had on the environment and economy, the European Union continues to develop and strengthen its policy on maritime safety in order to put an end to substandard shipping, primarily through the effective application of international rules. Since 1993, the European Union and its Member States are at the forefront improving legislation on the safety of maritime transport of dangerous goods and substances, striving to eliminate substandard ships, increase protection of the crew, reduce the risk of environmental pollution. The EU is insuring operators who are following the best practices, compared to those who are willing to take shortcuts with the safety of ships, are not commercially disadvantaged. Accidents of the Erika and Prestige encouraged the EU to radically reform its legal system and to adopt new rules and standards for the prevention of accidents at sea, particularly those involving tankers. For more than thirty years the European Union has not stopped to strengthen and to improve its legislation in order to better protect itself against the risks of pollution due to maritime transports of dangerous goods. It has updated its regulation consecutivly to several accidents which damaged its coasts ; that is why the safety of maritme transport will always be evolving
Boukhari, Rym. "Le contrat de transport maritime de marchandise sous connaissement contentieux France-Algérie." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D014.
Full textIn the last decades, the International maritime transport has been developed on a large scale. Several international agreements have been concluded in purpose of an unification of the rules governing maritime transport agreements, resulting in a complexity which sometimes raises doubts. However, as in the international private law, the international maritime law is, according to the legislation applied to it, interpreted differently according to country. This difference of interpretation is corning from significant disparities in the decisions of the different countries, particularly about the inserted clauses in the bill of lading. Furthermore, the containerization has Advantages in terms of safety and speed of loading and unloading, it presents difficulties regarding the false declarations and the settlement of demurrage, that they are facing, a lack of resources remains between the Algerian and French ports. All these problems, affects mostly the shipping carrier or the consignee of the goods and which are not fully covered by the current agreements in force. These texts were aimed standardization of the international regime of maritime transport of lading contract, are still not achieving the desired harmonization. This thesis aims to criticize in a constructive perspective of the international legal regime of the maritime transport contract of goods under bill of lading and litigation that creates especially regarding transport to and from Algeria
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
Kozubovskaya-Pellé, Anastasiya. "De la qualité juridique de transporteur maritime de marchandises : notion et identification." Nantes, 2008. http://www.theses.fr/2008NANT4016.
Full textThe carrier of goods by sea is commonly held to be the one who contracts in this capacity (called “contractual carrier"), but it may also be the one who actually execute the carriage (“actuel carrier") since, even when he is sued in tort, the legal regime of carriage of goods by sea is applied to him by the force of the law (he is then a sort of "legal" carrier). Incidentally, CATALA civil French law reform is currently proposing to open the contract action to ail parties to a group of contracts. The carrier may then be a shipowner or even sometimes a ship itself (when sued in rem), and this happens particulary then the contractual carrier is not duly identified in the bill of lading. The UNCITRAL Convention 2008 on the international carriage of goods has recently reiterated this principle putting a shipowner in the position of a presumed carrier. While the concept of contractual carrier is predominant in French law, in English law, the maritime carrier is still first of ail as a shipowner. The action in rem and saisie conservatoire (used to enforce a maritime lien (or privilege) for cargo damage) are the powerful means of pressure at cargo owner disposal. The French courts are known to be more favorable (while this tendency currently goes down) than the English ones to the demands of the claimants willing to pierce the corporate veil and to prove that the prosperous mother company of the group is the true shipowner rather than its single ship affiliate (especially in case of single ship companies). The fictivity theory commonly used in France is not welcomed by the English courts applying instead some other available legal tools
Olivier, Vanessa. "Les demandeurs et les défendeurs dans l'action en responsabilité dans le contrat de transport maritime de marchandises." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32025.
Full textWhat are the questions which arise for any lawyer when beginning the examination of the suit ? - who has the right of suit ? - who is the defendant ? these are the two guiding principles in this thesis. Knowing the owner of the right of suit depends, in maritime law, on detailed examination. It is not enought to be simply a victim to be able to suit. Maritime law restricts action to strictly confined cases: only the shipper, the consignee and the insurer have this right of suit, but on the condition that they are defined as such in the bill of lading. For many years, the contentious matters concerning maritime transport has been based on the inflexible theory of the bill of lading. The consequence of this was that real shippers and real consignees had no right to suit, on the grounds that they were not mentioned in the bill of lading, despite the fact that they were the sole victims of any damages to the goods. Being then unable to subrogate to their insurer, the latter couldn't take a liability suit against the responsable for damages in order to obtain reimbursement for what had been paid out under the insurance coverage. Fortunately, case law has advanced since the famous "mercandia" affair. In order to identify the defendant of the suit, there is a basic principle upon which our study will centre: the carrier is always liable. The principal objective will therefore be to find the person who assume the carrier capacity, despite appearances made deceptive deliberately or otherwise by astuce combination of business and maritime law. The desire to control the whole of the carriage process, or simply the desire to survive in an extremely competetive environment, has changed the traditional face of the maritime carrier; the appearance of new actors in the maritime transport, and the transport in general, has rendered useless the methods used up till now to identify the maritime carrier. We shall reserve a place for the stevedores and shipping agents. Being in direct contact with the goods, the plaintiff is often tempted to issue a writ against them when the damages are their fault. But, once more, maritime law down the rigid principle according to which only those who have contracted their services have any right to suit against them
Mohammed, Anwar. "L'arbitrage en matière de transport maritime de marchandises : étude de droit français et de droit égyptien." Paris 1, 2003. http://www.theses.fr/2003PA010309.
Full textZhang, Liu Feng. "Etude comparative du contrat de transport maritime de marchandises en droit francais et en droit chinois." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32048.
Full textThe purpose of this dissertation is to carry out a comparative study of the contract for the carriage of goods by sea in French law and in Chinese law, principally between French positive maritime law and Chinese positive maritime law, taking into consideration as well the numerous influences which international Conventions currently in force bear on this issue.The contract for the carriage of goods by sea is concluded between a shipper and a carrier. The transportation of the goods by the carrier involves the navigation of a ship through water, a natural element which is not without danger; the act of the transportation of the goods therefore involves certain risks, and it is this act of transportation which is the object of the contract.This contract is generally modelled after the standard form of a Bill of Lading, though that is not the only document which is used. Among the specific elements of a Bill of Lading, the Paramount clause, the jurisdiction clause and the arbitration clause inserted in the document will each be examined, because they form the legal base of maritime transport.The execution of the contract, considering the rights and obligations of each of the parties, will be examined in detail. Assuring that the ship is in sound navigating condition, carrying out the voyage and accomplishing the delivery of the cargo are the responsibilities of the carrier, who in return will receive payment for these services from the shipper.However, the particular risks inherent in sea travel engender particular problems which will be specifically addressed – for example, the exact extent of responsibility of the carrier; the cases in which an exception might be made; amount limitations to the indemnities for damages, etc.The practical application of the contract to a specific situation will sometimes lead to disputes. In each case it needs to be determined which is the party that is responsible for the damage to the cargo. In fact, it is not always easy to define the responsibilities of each party. Sometimes appeal is made to international arbitration, and at other times it will be necessary to appeal in a court of law.Since the disputes often involve several separate enterprises (the ship owner, the ship manager, the shipper, the carrier, the recipient, insurance companies, bankers, etc.) coming from diverse countries with judicial systems which differ from one another, a number of complex legal issues must be resolved: the conditions of admissibility of the action, the jurisdiction of court, applicable law, etc.Among the particularities, we observe that France ratified the Brussels Convention and the modifying Protocols of 1968 and 1979, whereas China did not ratify any of these documents. In international law, France applies the monist system, according to which the ratified International Conventions are immediately applied in internal law, although according to dualism, the Conventions do not acquire legal force until after having been transposed into internal law. China applies neither the monist system nor the dualist system, while granting to the International Convention a superior authority over internal law, though only under certain conditions.With modern means of production and communication, the planet has become a global village whose members continually exchange goods and services. This development has led to significant growth in international commerce in general, and to significant growth in the transport of merchandise by sea in particular; hence the importance of this study
Aliati, Ayoub. "La responsabilité du transporteur maritime en droit marocain et français." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0036.
Full textThe good should be shipped safely to the desired port! That is the simple quintessence of the marine carrier’s liability. However, the simplicity of the principle does not mean the convenience of application. If, for Marx, the good is both “the basic form and the universal form of wealth”, for the marine carrier it is both the reason and the purpose. The reason of its economic existence and the purpose of his legal duty as responsible of the maritime transport and its safety.Fertile soil for conflicts, the liability of the marine carrier in Moroccan and French law is a real minefield. Cyclically turned upside down, schemes and rules of such liability remain confusingly scattered in the internal legislations and international regulations. In a legal and economic perspective, this thesis has set the aim to deconstruct the archetype of marine carrier’s liability in its “foundation" and "impact". In other words, analysing the layout of its rules, its scope and implementation. Intended as a practical thesis, the analysis and methodology used will seek to delve further in the issues raised by the liability rules; understand the technical and commercial subtleties as well as the difficulties and disputes raised between marine carriers and right holders for damages caused to the goods
Fayzi, Chakab Gholam Nabi. "La responsabilité du transporteur maritime de marchandises : selon les règles de La Haye de 1924 et de Hambourg de 1978." Nice, 1999. http://www.theses.fr/1999NICE0030.
Full textWith the intention of examining the reforms which the Hamburg rules have introduced to the system of liability of carrier of goods by sea, this research brings into focus a comparative study between these new rules and the original ones of The Hague, as well as the version modified by the Visby rules (1968) and the sir protocol (1979). This essay is set out in two parts. With the aim of analyzing the development of the essential rules of liability the first part, on the one hand, examines the basis of liability of the carrier, as well as its obligations, of which the failure to fulfil brings about its liability. On the other hand, it studies the temporal and spatial liability of the carrier (the responsibility of carrier in the time and in the space) as well as its liability in certain circumstances, i. E. : transport under charter-party, deck cargo, live animals. . . Etc. The second part analyses the legal reasons for exoneration as listed in The Hague rules and the reforms introduced by the Hamburg rules in this respect. In the same way, it examines the matter of action for damages and judicial proceeding; the conditions relative to the declaration of reserves, the prescription of the action, the jurisdictional competence, the arbitration and clauses of compromise, as well as damages to be paid and the ceiling of compensation
Papadatou, Marina. "La convention d’arbitrage dans le contrat de transport maritime de marchandises : étude comparée des droits français, hellénique et anglais." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020008/document.
Full textThis study is primarily focused on the enforceability of arbitration agreements incorporated in contracts of carriage of goods by sea. First, we will cover the important issue of determining the law applicable to these arbitration agreements. Special attention will be given to how courts tend to implement general international arbitration principles to maritime disputes. An arbitration agreement incorporated in acontract of carriage of goods by sea should also be analyzed in light of the specificities of maritime transport law and applicable international shipping conventions. Moreover, the comparative methodology used herein will show that the enforceability of arbitration agreements is closely related to the qualification of the operators involved in the contract. In particular, among the commercial players involved in the carriage of the goods, we sought to examine the legal position of the consignee of the goods. Indeed, since the consignee is absent at the moment of the contract formation, the binding effect there upon of the arbitration agreement, which is generally incorporated “by reference” to the bill of lading, is highly debated by scholars and judges
Leal, Nascimento Brault Maria da Graça. "Navigation, transport de marchandises et immigration dans le cadre des relations commerciales entre Le Havre et Rio de Janeiro de 1820 à 1870." La Rochelle, 2005. http://www.theses.fr/2005LAROF011.
Full textAt the end of the wars in Europe in the early 19th century, French shipping could once again resume its traditional routes. The growth in the demand for raw materials compelled France to look for new sources of supplies. As a result, trade between French and South American ports increased. In 1814, France was granted legal rights to trade with Brazil. The Port of Le Havre became an active trading centre for the import mainly of leather, coffee, sugar and cocoa. The right of access to Brazilian harbours was granted to nations that had good relations with Portugal. This new opening meant an increase in trade with Brazil. Rio de Janeiro, Pernambuco and Bahia were the three principal ports concerned by this trade. Consequently, there was an intensification of trade between Rio de Janeiro and Le Havre. The latter took advantage of this trend and brigantines, classic three-masted schooners and then clippers sailed to Rio de Janeiro. Simultaneously, a growing number of passengers from a variety of backgrounds and for different motives sailed across the Atlantic
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
Diallo, Ibrahima Khalil. "Les conflits de lois en matière de transport international de marchandises par mer." Paris 2, 1987. http://www.theses.fr/1987PA020001.
Full textAkam, Akam André. "Les réserves à la livraison : étude des diligences des réceptionnaires dans les transports maritimes, terrestres et aériens." Aix-Marseille 3, 1991. http://www.theses.fr/1991AIX32012.
Full textIn case of loss, damage or delay, the consignee or any person entitled to take delivery has to give a complaint to the carrier. In order to be effective, the notice of claim must be given in the required form and in the time prescribed by the law or the convention which is applicable to the litigious carriage. Failure by conbsignee to give written notice to the carrier could have serious effects. In some cases, the right of action is extinguished, unless the carrier is guilty of fraud. In other, receipt without complaint is prima facie evidence that the goods have been delivered in good condition and in accordance to the docuement of carriage. Finally, in certains cases, no compensation for loss from delay in delivery is payable. To conclude, it appears that the notice of loss, damage or delay has a considerable importance. Its requirement is evidentiary or a condition precedent to carrier liability
Khodjet, el Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et mise en œuvre par les États /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/389698601.pdf.
Full textGningue, 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
Martell, Flores Hipolito. "La viabilité du cabotage maritime de marchandises conteneurisées entre la péninsule ibérique et l'Europe du nord-ouest." Le Havre, 2007. http://www.theses.fr/2007LEHA0001.
Full textSince 1995, the European Union try to find solutions to impulse the Short-Sea-Shipping (SSS) and a transfer of freight from haulage to balance the modal split between transports in Europe. The “Sea ways” are a more ecological alternative than haulage, and a solution to prevent the highways saturation. Otherwise, the characteristics of international maritime transport make the SSS not only an option but also an economic necessity to develop, or to preserve, the maritime and port’s activities. The SSS may to be an important freight traffic source. We analyzed haulage flux between 112 cities of Iberia peninsula and northwest Europe, which may to be the source of freight to SSS from an eventual haulage transfer. We identified three main (expedition/reception) zones of haulage freight, which may furnish the main volumes. We developed a model of “modal choice” to compare between unimodal and combined transport alternatives. We applied this model in the case of haulage and SSS costs competition. The concentration of competitive SSS links on ports might us to define a SSS development potential to 57 ports. The distribution of haulage flux, allow us to identify some SSS lines between “high potential” ports. Finally, we build a scenario, based on a 30% haulage transfer supposition, and we have assigned the freight volumes to SSS identified lines. Even if SSS is competitive and his development is economically feasible, a politic will and investments of European Union are necessaries to impulse it in effective way
Lacoste, Romuald. "Les opérateurs maritimes et portuaires européens dans la mutation de la chaine de transport de marchandises en vrac : essai de géographie économique." Nantes, 2004. http://www.theses.fr/2004NANT3029.
Full textSince ten years, a global change affects the bulk cargoes supply chain. The industries of raw materials evolve, and need more quality, worldwide transport capacity and globalized services. European Commission enforce sustainable development, maritime and port security' acts. Liberalization of energy and agricultural market modify the players game. The transport chain generates new spatial organisation schemes based on networking, hub ports, industrial and standardized relationships, control of cargoes flows. But in fact, this large trend appears like an homogeneisation of the bulk transportation system on general transportation model which already exits exist in containerized and general cargoes
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." Brest, 2007. https://tel.archives-ouvertes.fr/tel-00511315.
Full textNguene, 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
Laazizi, 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
Herro, Rita. "Vente et transport : Indépendance ou interdépendance?" Paris 1, 2009. http://www.theses.fr/2009PA010310.
Full textN'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. .
Sevin, Jean-Claude. "La desserte maritime et terrestre de l’Europe en trafics conteneurisés à l’horizon 2030." Thesis, Paris, CNAM, 2011. http://www.theses.fr/2011CNAM0767/document.
Full textThroughout the world globalisation exists as an everyday reality. Like many of our contemporaries, we are convinced that we are experiencing a completely new phenomenon. For the economic historian, talking about globalisation in the singular would mean ignoring all the others. It is not the purpose of this essay to deny the vigour of the current globalisation, but to grasp the size of a permanent phenomenon, which is now linked to containerisation. In fact, with the benefit of hindsight and a study of the past, we can understand better the current debates and possible future developments. But the future is largely determined by a certain number of change factors. If it is not possible to predict the final outcome of these changes, nonetheless, we can speculate on the way each might influence the future of the European economy, in general, and on the consequences which can result from the provision of containerised transport throughout Europe. Some of these factors can directly influence the strengths and weaknesses of the existing models; others can have indirect impacts.This thesis is an essay which is aimed at all the practitioners and university specialists interested in maritime trade. It is not a text about certitudes, nor a piece of condensed scholarship; the objective is neither to cover every aspect of maritime transport nor the economic history of Europe. Europe, which only represents 7% of the global land mass, is a peninsula bordered on three sides by the seas and does not have a neat geographical border on the fourth side separating it from the rest of the Eurasian continent. This geographical Europe has rarely coincided with an economic Europe. We must consider that the vast regions of east and south-east Europe were invaded and enslaved by non-European conquerors, and were liberated only after many centuries. In fact Europe has always had a variable geometry, which is normal, because, since ancient times it has been the result of all the different invasions and Eurasian trade. After the discovery of the American continent, Europeans developed commerce on a worldwide scale and imposed their hegemony until 1914. Spices and other oriental products were added to the products from the “East Indies”. This central position, obtained because of a demographic and technical superiority, stems from an economic and centralizing imperialism, challenged at the start of the 20th century and today largely condemned.With enormous transport capacities and very low costs, containerisation has accompanied globalisation for more than fifty years and has totally revolutionised the transport on regular lines of different merchandise. Henceforth, a permanent question about the globalisation of trade and navigation appears in different forms in this thesis; this is that access to the global market of Europe is certainly linked to the performance of European infrastructure but even more to global traffic. The future of Europe is inevitably linked to the Mediterranean and is thwarted by the “price scissors effect” which puts at risk the involvement of southern Mediterranean states in the process of globalisation. Europe has a major role to play in this region, but it does nearly nothing in response to the emergence of Asian and Latin American powers. If we wait for Europe to find its “road to Damascus”, there is a risk that by 2030 it will have lost its central role. On the other hand a reasonable prediction is that there will be a global system of trade and navigation centred on the Indian Ocean and the China seas, while European traffic gradually becomes peripheral to a new global containerised transport circulation