Dissertations / Theses on the topic 'Tribunaux en droit commun'
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Thévenot-Werner, Anne-Marie. "Le droit des agents internationaux à un recours effectif : vers un droit commun de la procédure administrative internationale." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010295.
Full textInternational organizations’ immunity from jurisdiction prevents – in principle – an international agent from access to national courts in case of a conflict with his organization. Therefore, the question arises whether agents have a right to an effective remedy under international law. Despite the fact that each international organization creates its own partial legal order, various general principles identified by different international administrative tribunals establish, taken as a whole, the right of international agents to an effective remedy. However, in practice, the key stakeholders having decision-making power do not draw all necessary conclusions from these rules which would provide agents with the required guarantees for ensuring effectiveness of the legal remedies. This emphasizes the fragility of this right – a fragility which is not without consequences on the rule of law in international organizations
Lamy, Valentin. "Recherche sur la commune intention des parties dans les contrats administratifs : contribution à l’interprétation du contrat en droit public." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0157.
Full textThe relative discretion surrounding the common intention in public law is undoubtedly due to the fact that it is usually reduced to a mere instrument of interpretation of private contracts, even though it is omnipresent in the administrative jurisprudence related to contracts. In relation with the contractual autonomy, it shows that the administrative judge is concerned with the protection of the parties' mutual willingness and with a conception of the contract that can be found in both public and private law. In doing so, it maintains the parties' compliance to the public contract and within their own obligations, and in line with the jurisprudence « Commune de Béziers ». However, the role of the common intention in public law could not be limited to an interpretation that freezes the willingness of the contractors. The necessary consideration of the general interest by each of the parties implies a constant work of adaptation by the administrative judge whose starting point always remains the common intention. It has provided the original matrix, and somehow forgotten, the mutability, the unilateral right to change the terms, some unexpected contraints, and hardship. It has allowed the recent evolution of the return property regime. And in a way that the common intention seems promised to a bright future in a public contract focused on contractual loyalty. The public contract, as a contractual agreement contributing to the general interest, is rediscovered, at the stage of its interpretation, thanks to the heuristic value of the common intention
Ménard, Lucie. "La jurisprudence commerciale du Consulat de Mer de Nice, entre droit sarde, droit français et jus commune (1814-1844)." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0045/document.
Full textThe Consulat de Mer de Nice is a commercial and maritime supreme court, made up of professional Magistrates. It developed within the Etats de Savoie's political sphere from 1613 to 1855. During the Restauration, this unique institution finds itself halfway between two different legal systems, the pluralist system of the jus commune on one side, and the French one tier system brought by Napoléon’s codifications on the other. From 1814 to 1843, the Consulat de Mer’s Magistrates have an ambiguous standardizing task, important both to the state and to international law. As from 1843, the Sardinian commercial Code, a copy of the French commercial Code of 1807, has become the only source of law. The value attached to french law, a foreign, territorial and national law all at the same time, foretells of the global evolution towards standardization, both in the state’s interest and to develop/ease trade
Girval, Cyprien de. "Restructurations financières et droit français des entreprises en difficulté." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30042/document.
Full textTo face financial difficulties, companies shall proceed to restructuring operation involving modification of their assets and liabilities. To this end, companies shall identify and overcome barriers to this operation to reach an overcome suited to their new needs. Each legal system provides different responses according to its legal origin, common law or civil law, and the interests it aims to protect. Between the debtor’s and the creditor’s interests, French insolvency law evolved a lot as the companies and the creditors became more sophisticated. From a bankrupt law to a creditors-friendly law, French insolvency law became a debtor-friendly law and now appears to be a mixed law which seems to protect both parties interests in a more balanced way. Despite its civil law origin, French law is constantly influenced by commercial courts that seem to force a mutation following the financial and legal innovations of large companies, while remaining adapted to small businesses. This living and proactive law clearly states its objectives to preserve the business, the employment, reduce liabilities and provides tools for companies facing difficulties, when the debtor and the creditors fail to overcome their diverging interests. These tools evolved and have to continue to evolve to adapt to contractual innovations of some business stakeholders, while remaining a protective environment for others
Edaemi, Faraj. "Le facteur temps dans la médiation : étude comparée." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCB002.
Full textMediation has become a preferred way to resolve many conflicts, including those related to international trade. Nationally, the conflicting party often prefer this method to resolve their dispute whenever the law requires otherwise pas.Ceci is due to several reasons, the most important being the slow pace of justice. Internationally, many countries, particularly those in developing countries, are able to benefit from investments of foreign capital that they consider mediation as a dispute resolution means .l'avantage this means is that that mediation is a fast, simple and allows litigants to obtain their rights easily. These characteristics of mediation are still valid théorique.Mais perspective in practice, things are more complicated and may interfere with the conduct of mediation if, in his objet.Prenons example civil conflict whose resolution often requires implementation certain actions that actually lead to the solution of the conflict in question. This initiative implementation of the action is not limited to parts of conflits.Mais, the body authorized to resolve the conflict can also take this one initiative or at the request of one of two parts. These measures and actions decided by a court or mediation are the time factor in conflict resolution. It was at this time that may appear difficulties are related either the conduct of the conflict itself Even either the conduct of the implementation of the judgment delivered
Simler, Christel. "Droit d'auteur et droit commun des biens." Université Robert Schuman (Strasbourg) (1971-2008), 2008. http://www.theses.fr/2008STR30025.
Full textTraditionally, ownership and possession are presented as being reserved for tangible things. Real rights are in limited number. A thing is not supposed to be the object of simultaneous appropriations. A study on authors and property laws allows to deny these assertions. The rights confered by the Intellectual Property Code upon the author of a work are the attributes of the property such as defined in the article 544 of the Civil Code. This property, as any property, manifested itself by its possession, possession which has probation effects and acquisition effects of rights. The property right of the author is capable of multiple divisions. The work may be subject of simultaneous appropriations. A work is a thing object of ownership such as defined in the Code civil. Therefore, some rules of property law are applicable and can complete the special law. However, the application of property law should not be systematic. Some rules of the special law or the immateriality of the work justifie that article of the Civil Code can not be applied
Delegove, Nicolas. "Le droit commun et le droit spécial." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020020.
Full textDistinguishing between general and specific rules of law is a deeply rooted habit among civilist lawyers, concerning the field of theory as the practice one. The roles of this distinction are very different, but they are threatened by two kinds of phenomenas as well : the increasing degreesof specialization and the development of -horizontal- relationship between general rules of lawon the one hand, and specific rules of law in the other hand. As a genuine, it would work,however, always as a good way to order the priority of different rules of law for both legislature and judges, both in academia and in practice.There is however a singular paradox. The general and specific rules of law can't be defined,their relativity is such an obvious one that they inconceivable if the other doesn't exist. According to this idea, their relationship is usually described in terms of opposition. Yet, the meaning of "relativity" is closer to collaboration rather than opposition.Thus, as regards to the development of the law, positive influences are at work. General and specific rule of law are a model to each other. Their evolution takes place in contemplation ofeach part. This especially helps the application of law to refute the idea that the general andspecific rules of law are mechanically mutually exclusive. A part from the possibilities provided by statute law, no basis justifies exclusiveness. Furthermore, specific rules of law sometimes contain a lot of less-defined rules. The value of the solution advocated by the adage "specialia generalibus derogant " is just a presumption, a simple one. A specific rule of law is supposes to be perfectly adapted to a situation, but it may pragmatically, about some case, be less appropriate than the general rule of law
Balat, Nicolas. "Essai sur le droit commun." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020012/document.
Full textThis work offers a comprehensive study on the “droit commun” (approximately translated into “general rules of law” or “ordinary law”), a fundamental concept at the core of the theory and daily practice of French law. Contrary to traditional approaches involving the impression of a changing and variable concept (civil law, general theory, Roman law, European law, principles?), “droit commun” is a technical concept referring, for a given institution, to the legal rules whose scope of application is indefinite. This study also reveals the two distinct applications of “droit commun”; “droit commun territorial” (“territorial general rules of law”) and “droit commun matériel” (“material general rules of law”). The first application, “droit commun territorial”, although lesser known, is technically and historically primal. Droit commun territorial is specifically mentioned for in article 1393 of the French civil code (regarding the matrimonial property regimes), and in a fundamental principle identified by the French Constitutional Council in 2011. The second application, “droit commun matériel”, is better known but needs an overview. In particular, the section of the French civil code which contains articles 2333 and following (on the “droit commun” of pledging of corporeal movables), refers to it. These two applications of “droit commun” are the expressions of a summa divisio. Although both applications have similarities, they remain fundamentally different. The respective applications of “droit commun” do not refer to the same rules of law: rules where territorial scope of application is unlimited versus rules where material and personal scope of application is unlimited
Raymond, Raphaële. "Droit commun et droit spécial des contrats d'affaires." Versailles-St Quentin en Yvelines, 2012. http://www.theses.fr/2012VERS026S.
Full textAlthough viable in 1804, the separation of contractual matters into "general rules" and "rules particular to certain contracts" needs to be clarified today. On this basis, the purpose of this study is two-fold. In the first place, we propose a reading of the dialectics of common law and special law by counterbalancing ordinary rules and non-ordinary rules. It will be seen that the rules used to regulate contracts, currently outside the established order of Article 1107 of the Civil Code, are reinstated in contractual law. As such, competition law becomes special business contract law. In the second place, we endeavour to understand the organisation of this "new contractual order". By doing so, we bring to light the respective influence of the two sets of legal rules on the validity of contractual behaviour and contents and we assess the management of their coexistence
Juneau, Matthieu. "La notion de droit commun en droit civil québécois." Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26391/26391.pdf.
Full textChagny, Muriel. "Droit de la concurrence et droit commun des obligations." Paris 1, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098897.
Full textPagani, Krys. "Sport et droit du travail : entre droit commun et droit spécial." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020026.
Full textAs sport specificity has been fading away while developing its economic dimension and adopting a rational economic behaviour, common labour laws and European law have inevitably applied to this sector of activity. Admitting sport special features sometimes leads to the conclusion that an “exception” has to be recognised and that special labour laws emanating from the state must be developed. While such a conclusion is not relevant, a professional law implemented by its actors through national or European collective bargaining (within the state legal frame set up) is, to a large extent, more appropriate. The exclusion of common labour laws or European law is acceptable only if justified by objective and concrete elements. It cannot legitimately be based on “customs”. If the constraints related to sports hazards, sporting fairness or sporting career shortness can be justified by such customs, it is necessary to rigorously appreciate and strictly measure their effects on employment and working conditions. The residual distinctive identity of an economic activity provides no justification for excluding it from the application of common labour laws or European law. The application of certain state rules and laws to sport reveals some normative articulation issues, in particular in relation to conflicts arising with sporting rules. However, in such a game, common labour laws and European law often win. Neutralizing the boundaries drawn by the sports community, in particular between amateur and professional sports, they succeed, through their judges, in having their requirements prevailing
Rodriguez, Karine. "Le droit commun des personnes morales." Pau, 2001. http://www.theses.fr/2001PAUU2010.
Full textBallée-Londiche, Florence. "Droit commun des contrats et dispositions protectrices." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32004.
Full textThe law of contracts has to cope with a conflict between general law of contract and acts which protect some contracting parties. There is a challenge concerning their scopes of application and their aims. This opposition creates major difficulties: in particular a huge complexity and even sometimes inefficiency. Yet this competition brings also positive consequences for the general law. The protecting acts, especially those about consumer and labour law, have an influence on general law. The Case law uses common principles of general law of contracts, as the « cause » and the « good faith », in order to protect the weakest contracting parties. It is also conceivable that protection acts lead to bigger changes of the law of contracts which could achieve a better justice between contracting parties. It is worth thinking about integrating unfair terms acts in general law or using the well-known methods such as lesion or hardship in new ways
Saintourens, Bernard. "Essai sur la méthode législative droit commun et droit spécial /." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37600977f.
Full textSaintourens, Bernard. "Essai sur la méthode législative : droit commun et droit spécial." Bordeaux 1, 1986. http://www.theses.fr/1986BOR1D004.
Full textLegislative method relying on distinction between general law's norms and special law's norms, presents certain risks, but it also shows interesting potentialities that we have to discuss successively. Dangers of the legislative method that we are learning appear at first with the concepts themselves. These concepts, analysed in their abstract meanings or in their concrete displays, prove they are not much reliable. The authority that confers them a very commun use, in many historical times and in many places, and the significance of law interpretation maxims, are not enough to give these concepts a clearly definite contents. Secondly, dangers of this legislative method come from the too big sollicitation of distinction between general law and special law. This distinction is not only used for building the different private law's branches, wich are ambigous because of the assertion of distinction criterions in the same time of an allegiance to general law, but it has also favoured growth of special laws, with more or less strict contours, that give french law a luxuriant appearence. Potentialities of this legislative method have not to be covered by these dangers up. For in positive law this method allows a new definition of laws by a constriction of special laws and also by the rise of new general laws, coming or not from special laws. This legislative method will be allow to rise of new law speciality criterions. It may happen that these criterions group about some notions like "grouping" or "professionnal"
Jebran, Elie. "Le recours au tiers, mandataire commun." Montpellier 1, 1999. http://www.theses.fr/1999MON10036.
Full textKern, Bernd-Rüdiger. "Die Gerichtsordnungen des Kurpfälzer Landrechts von 1582 /." Köln : Böhlau, 1991. http://catalogue.bnf.fr/ark:/12148/cb36679863z.
Full textDiakhaté, Maty. "Le droit commun du licenciement au Sénégal." Limoges, 1992. http://www.theses.fr/1992LIMO0425.
Full textSenegal possesses a modern redundancy law; this law, heavily influenced by effective law in senegal under the french regime, has a double purpose : - first of all it attempts to protect woekers from arbitrary dismessals. Therefore, the employer has to comply with legal conditions if he entends to denounce the contract. In fact, the usual workers' protection against dismissal is scarcely valid because of inadequate sanctions. - secondly, it insures the individual promotion of workers in the aim of social development. In this case, the effectiveness of a common redundancy law being subordinate to an efficient protective device, this law must be improved and its sphere of application broadened. In orer to promote the common redundancy law as an agent of development, this law must be improved because the ineffectual and inefficient sides of the law deplored by certain authors ar only relative and must not block the improvment of commin redundancy law
Le, Quéré Olivier. "Inventions biotechnologiques et droit commun des brevets." Caen, 2010. http://www.theses.fr/2010CAEN0094.
Full textEuropean patent right was going, with the adoption of the 98/44/CE directive, through an extension of the appropriation of biological products and processes. This movement has stalled, though, first when implementing the text in some EU countries, then the interpretation that finally gave the Court of Justice. However, to limit the questionable effects of granting such patents, it seems finally that it is a particular law that is applied apply when the invention is biological. Such an approach is questionable and can be avoided. It is possible to interpret the patent law in relation to its function: to reward the inventor and encourage the sharing of the invention. This leads to the conclusion that the invention does not reside in the product or process, but the contribution of the inventor to society. It then becomes possible to apply this definition to existing products and processes with human intervention, thus distinguishing its monopoly form what is not appropriated without a derogatory law. Once this definition is proposed, it must be checked if the conditions for patentability apply similarly between biotechnological inventions and inert inventions. If the “traditional” conditions were adapted without any real difficulty, although some progress towards a uniform application can still be proposed, it must be noted however that “ordre public” and morality have seen their roles too small, while it is face to a biotechnological inventions that they should give their full extent
Sriphiromya, Sukontha. "L'exécution des décisions des juridictions administratives : étude comparative en droit français et en droit thaïlandais." Toulouse 1, 2005. http://www.theses.fr/2005TOU10026.
Full textThe idea of democracy is an idea developed and spread in all the modern States. This is the why for the principle of rule of law is emerged. One of ideas that to support the execution of the administrative court's decisions in order to protect the dignity of a state. The execution of the administrative court's decisions implies a legal control a posteriori. The principle is that the court decision is taken on authority of the final decision ; consequently it must be carried out. The rules of administrative procedure in Thailand are varied and do not allow really the execution in these decisions. The modifications of legal system thai have been made to the French admnistrative law in order to solve the problem of the execution of the administrative court's decisions. In 1999, the law creating the administrative procedure and administrative jurisdiction was promulgated. So that, on the presentation of this study, the problem is the execution of the administrative court's decisions has a gap in this law concerning an article 72. In reality, an article 72 makes difficult the execution of court decisions because there is not any measure to carry out and the idea to use the civil procedure is not separate
Sirinelli, Pierre. "Le Droit moral de l'auteur et le droit commun des contrats." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb375951774.
Full textPigache, Christian. "Le mandat d'interet commun ( element d'une theorie generale du contrat d'interet commun )." Paris 5, 1991. http://www.theses.fr/1991PA05D013.
Full textThere are two types of agency coupled with an interest. The former is subsidiary to another legal relationship between the principal and the agent. The revocation is limited by the fact that the principal is under an obligation to have a reasonable ground for the breach of contract so as not to pay compensation to the agent who suffers a damage on account of the breach. The latter, which isn't subsidiary, is the contract of commercial agent. The parties to this contract showed their intention to consider it a being coupled with an interest, in order to implement the implied principle of controlled revocability. However, notwith-standing the duality of the contracts of agency coupled with an interest, it is possible to identify them thanks to a criterion composed of two elements : the adhesion to a common cause and the sharing of the profits and risks of a same transaction. Each of these identifying elements can be found in the contract of partnership and in the contracts of sole distribution, considered as being coupled with an interest by the legislator. It is thus possible to conclude that there is a special category of contracts, know as being coupled with an interest, which can be identified owing to this complex criterion and the breach of which must be justified
Schwart, Jean-Baptiste. "Recherches sur l'existence d'un droit commun du couple." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT2042/document.
Full textOriginally, the differences between marriage, French Civil Partnership (Pacs) and cohabitation were significant both from the point of view of the conditions of formation and of the effects during or after the union. Over reforms, similarities between the different types of unions have increased, to the point where, according to some, a common law for couples becomes a reality. However, despite the similarities, the law reforms gave rise to disparate rules but in no way to a common law for couples. The convergence between the different types of couples is undeniable, but the rules on couples tend to accumulate in a disorganised manner. From the heterogeneity, two fundamental values appear : respect and solidarity. Therefore, if de lege lata, it is an exaggeration to assert that the common law of couple is a reality, however the emergence of common rules about the different types of couple is a reality. The common law is embryonic. De lege ferenda, in general terms, a balance must be struck between a common law for couples. based on a humanistic approach and the preservation of conjugal pluralism
Christophe, Mazard Julie. "La responsabilité contractuelle de droit commun des constructeurs." Toulouse 1, 2005. http://www.theses.fr/2005TOU10064.
Full textBuilders contractual liability of law of universal application is naturally before the acceptance of work. It is, indisputably, exclusive, since the specific liability, provided by legislator in 1978, only takes effect as from the acceptance. This contractual liability, laid down by article 1147 of the civil Code, enables to indemnify damages occured before the acceptance, resulting from the non-performance or bad performance of contracts, concluded with the owner of a construction project. This system applicable to builders contractual liabillity of law of universal application do not raise any particular problem in that case. Even though the law of 1978 appears to distinguish the contractual period, which develops before the reception, from the period of legal guarantee, which develops after, there are many cases in which the contractual liability of law universal application will be implemented after the acceptance. That is the case, particulary when damages, for which it is claimed compensation, do not take on conditions of application of specific guarantees. The doctrine and the case law wonder about the rank of contractual liability of law of universal application in the field of builders liability. Regarding the case law, the contractual liability seems to occupy a not inconsiderable rank, although it stays subsidiary in relation to legal guarantees. So, the existence of builders specific guarantees do not completely overshadow the law of universal application of contractual liability, which regime is going to be affected by an influence modeled on legal guarantees
Lelandais, Jean-Baptiste. "L'influence du droit européen sur le droit commun des conflits de juridictions." Rouen, 2011. http://www.theses.fr/2011ROUED002.
Full textThe requirements of European integration and respect for fundamental freedoms of the European Union lead the European legislator to enact numerous legislative tools to prevent any denial and any questioning of these acquired by Member States and their courts. A first pillar of a larger building designed to establish an area of freedom security and justice, the transformation of the old European convention into EU Regulations, applied directly to Member states, allows the EU, at least in part, to standardize the conflict of jurisdictions rules and facilitate cooperation beween judges in the various states of the Union. Covering most of the areas where such conflicts can meet, the new European regulations now supplant the domestic rules of private international law. However, relegated to common law, domestic law retain some use in practice, especially in cases where European law is not applicable. These include conflicts outside the territory of the European Union. For some years, the distinction between European law and common law as not been as clear as before. Indeed, it appears that the former is gradually investing the area outside Europe, in where it is not technically applicable. Through intermingled influences, the European Union no longer hesitates to reshape each domestic private international law, leaving its own mark on the entire conflicts of jurisdictions law
Teyssedre, Julie. "Le Conseil d'État, juge de droit commun du droit de l'Union européenne." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10010.
Full textLike its European counterparts, the French Council of State was established to judge ordinary law in the European Union. Carrying out this duty has resulted in some conflict, as European Union law goes against certain notions that are entrenched in the national legal culture. The European Union's legal system, which has been a destabilising factor in the Council of State’s judicial duties, has gradually become an essential vector for the Council's modernisation and the transformation of its judicial function. Implementing this law has led the Council of State to move away from the legal dogmas that were at the centre of its self-limitation, to which it was profoundly attached. The implications of granting this judicial duty go far beyond rigidly implementing the requirements under its responsibility. At European level, a European space shared between the courts is starting to emerge, and is revealing itself to be the origin of a spontaneous movement of law. The Council of State's inclusion within this space is inexorably contributing to the process of enhancing its function, as it has resulted in the Council establishing itself as a player in the construction of ordinary law and in the alignment with European administrative justice
Le, Hir Christian. "Le fonds commun de créances." Paris 1, 1992. http://www.theses.fr/1992PA010267.
Full textCanahuate, Camacho Juanita Maria. "Application des principes d'Unidroit par les tribunaux arbitraux et étatiques." Paris 2, 2009. http://www.theses.fr/2009PA020094.
Full textEsaade, Kholood. "Centralisation de la justice civile : proposition de degré unique pour tribunaux du fond d'aptitude générale en droit français et en droit lybien." Poitiers, 2011. http://www.theses.fr/2011POIT3021.
Full textIn the aim of making justice simpler, faster and undoubtely fairer or, at the least more effective, this study brings a reflection on the ways to reform the fundamental concepts of civil justice. For that purpose we suggest reducing the judicial hierarchy - for proceedings on the merits - to a single degree. This judicial hierarchy would be based on two levels : the first one to render a decision on the procedure and the merits and the second one to verify the exact application of the law by the court. This could entail the abolition of the smal courts and the Courts of appeal. .
Benne, Brice. "L'exploitation en commun de l'entreprise et la fiscalité." Toulouse 1, 2008. http://www.theses.fr/2007TOU10047.
Full textThe failure to properly register jointly run companies can create a variety of fiscal and legal difficulties. The various existing legal categories which must be applied to individual cases are difficult to clearly distinguish from each other. Jointly run companies are taxed differently depending on their management statute, e. G. Joint venture, joint ownership or ‘de facto company’. The related rules are still often controversial among the doctrine. According to some doctrines, the so-called jurisprudential notion of “coexploitation” represents the cornerstone of a common tax system for the various practical cases that would transcend the majority of fiscal issues related to this mode of exploitation. In order to validate this hypothesis, and also refine the rules for the taxation of jointly run companies, the present study provides a thorough analysis of existing taxation issues, and in so doing reveals the ways in which they are understood and fiscally interpreted
ABAA, OYONO J.-CALVIN. "La competence de la juridiction administrative en droit camerounais." Nantes, 1994. http://www.theses.fr/1994NANT4015.
Full textThe topic of this thesis has been selected in the aim to study or to sketch all the references which are giving the national's supreme court jurisdiction to take decisions about administrative's conflicts. To realise this research, we have to distinguish the competences which are definiting by the law for that other one said by the judge, in occurrence the jurisprudence. From this point of view, it's unavoidable to approach the analysis of all the conflicts concerning public administration, even those which belong to judicial's judge area. The main reason of this thought's orientation proceed from the general spirit of the positive national's law, which says, when we talk about conflict involving administrative authority, that the resolution may be given by the specialized judge or by the commun law judge
Khallouki, Mustapha. "Droit musulman et jurisprudence française : la réception du droit musulman par les tribunaux français." Perpignan, 2009. http://www.theses.fr/2009PERP0950.
Full textFrance shares a very long story with the Muslim countries, in particular trough the episode of the colonization but especially through the wave of immigration which began in 1970. So The Muslim community had not only, to adapt to the French society characterized by the customs, the laic and citizens values; but also with laws in particular, and to the institutions generally. Therefore, the integration of the Muslims in France requires a particular approach in the right of persons and in that of the family, both reflecting directly the Islamic civilization and its right, inspired of religion However, it becomes more and more difficult to apply (or to set up) the muslim2 personal status in France because judges do not want a religious right which does not respect the irrefragable principle of Human Rights This thesis aims at demonstrating, in support of numerous stops(rulings) of the French case law of D. I. P, the difficulty
Dufau, Valérie. "Les sujétions exorbitantes du droit commun en droit administratif : l'administration sous la contrainte /." Paris ; Montréal (Québec) : l'Harmattan, 2000. http://catalogue.bnf.fr/ark:/12148/cb376752357.
Full textClerc-Renaud, Laurence. "Du Droit commun et des régimes spéciaux en droit extracontractuel de la réparation." Chambéry, 2006. http://www.theses.fr/2006CHAML013.
Full textSabek, Marc. "Le procès disciplinaire du professionnel de santé : entre droit d'exception et droit commun." Poitiers, 2009. http://www.theses.fr/2009POIT3003.
Full textSince its birth, the disciplinary jurisdiction of health professions functions according to its own procedural rules. Being the central actor in the mission entrusted to the professional Orders, it remains functionally and organically attached to them. The independence and the impartiality of the judge-peers are far from satisfying the criteria of the contemporary substantive law. With a reduced formalism, the disciplinary riling is quickly concluded in a trial where the lightness of the guarantees offered to the prosecuted professional make his sentencing easier. The sanctions then taken put at stake the ability to exercise its profession, a civil right. The implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms made it possible to integrate into disciplinary rules some standards of the "fair trial". And many modifications of legislative rules tried, in the last years, to bring the disciplinary dispute closer to the administrative general action. But, to a large extent, the rules of the disciplinary trial of health professions remain confined in a case law approach recognizing a very broad autonomy to non-professional judges. It results in exceptional rules released to each individual cas, on the basis of a doubtful standard, the deontology, justifying a sanction which is unaware of the principle of proportionality
Dufau, Valérie. "Les sujétions exorbitantes du droit commun en droit administratif : l'administration sous la contrainte." Paris 2, 1998. http://www.theses.fr/1998PA020069.
Full textRottier, Benjamin. "L'aveu en droit processuel : essai de contribution à la révélation d’un droit commun." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D008.
Full textThe strength of judicial civil confession is inherited from roman confessio in jure, that was however an admission of claim. Confession being held as an evidence since the medieval law, its nature wears the seal of will whereas its regime is mostly determined by search for the truth. On the one hand, requirement of a free will, both in civil and criminal procedures, grants confession the nature of a legal act intended to prove a fact. Thus genuine confessions can be distinguished from sanctions against litigants who disregard the judge’s imperium, in civil cases as well as in administrative cases. On the other hand, the weight of evidence brought by confession is always determined by the courts in their unfettered discretion. Obligation for civil jurisdictions to state only in consideration of the confessed fact relies on the principle of party disposition. Civil judicial confession 's legal irrevocability is both substantial, as the evidence is permanently constituted, and procedural, preventing the confessor to invoke an opposite allegation of fact. Confession's indivisibility can be analyzed as a result of the suspensive or resolutive condition under which this legal act can be granted
Mazaud, Anne-Laure. "Contrat de travail et droit commun : essai de mesure." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2157.
Full textWhen wondering about the relationship between employment contract and general law, autonomist claim is usually immediately brought up. Yet, the point is not to claim, but to define the propensity to autonomy of labor law in regard of general contract law, many times asked, and always renewed. Precisely, this measurement essay reveals deeply nuanced results. Thus autonomy could not be definitely accepted due to many manifestations of the subservience of employment contract to general law. However it cannot be totally contradicted because of the incontestable emancipation of the employment contract from the general law. To understand this apparent contradiction, the subject must be divided. The approach cannot be global and the study must deal with distinct subjects. The employment contract system is indeed oscillating between two poles: autonomy and dependence. Emancipation towards general law is almost complete when considering some questions. Concerning some other questions, subservience can only be noted. Moreover, the results of this research are leading to affirm that autonomy and dependence are not two distinct areas, separated by a hermetic border. Hence, dependence must be admitted when general law is preserved, though autonomy already appears when general law is appropriate. It is more intense when general law is distorted, and reaches its ultimate degree when general law is ousted. A kind of continuum is observed between these two poles – subservience and autonomy – on which questions about employment contract are organized. Consequently, when measuring the relationship between employment contract and general contract law, everything is a matter of degrees, proximity and distance correlative to these two extremities of the spectrum
Saulier, Maïté. "Le droit commun des couples : essai critique et prospectif." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010315.
Full textThe civil code allows those who wish to share their lives to choose one of the following ways: to live a concubines, sign a P.A.C.S or to be united in marriage. Distinctly different from each other in 1999, these thee forms of union are more and more similar under the rule of law to the extent that a true common law for couples seems to have emerged. This trend towards harmonisation and standardisation was clearly perceived by the doctrine and was explained in several ways. Proof of the influence of the principles of equality and of non-discrimination for some, this common law would be explained by others as the taking into account of the only lifepartnership. These explanations seemed unsatisfactory to us and it was in observing the relations between couples and politics that this unifying momentum seemed comprehensible to us: the common law of couples exists due to the utility that it presents to establish state functions, whether they be social or economic. De lege lata, the rule of law, the means of political action only recognizes couples individually if this apprehension is useful to the State. This utility is perceived from time to time, which leads to a Jack of common law, built by successive and incoherent levels. A review of the usefulness of couples for the implementation of state functions, in association with the essential protection of the preservation of pluralism, would allow for the reconstruction, de lege ferenda, of a more coherent and more logical common law for couples
Barre, Laura. "Le dépôt des titres financiers et le droit commun." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10048/document.
Full textThis work aims at studying the deposit of financial securities under the particular angle of civil law. This mecanism and its subtilities are well-known in financial law, but the link is still very strong with civil law. The nature of this link is a problem, and criticised on many aspects. The first impression tends to convince that the financial security deposit is a real deposit, but is it a civil law deposit? If it isn't, what is the true influence of civil law in the elaboration and fuctionning of this contract? Answering these questions requires starting with the fundamentals: the deposit is constituted by an object being transfered, at least two persons, and an obligation of restitution. These three elements can be found in the financial security deposit, but have undergone so much change, due to the evolution of financial titles and general practise, that this deposit seems to accumulate all the possible exceptions within the general rules. All through this study, a new perspective is being drawn. Too complex, constantly mooving, undergoing new influences, the financial titles deposit is slowly tearing itself from the base of civil law and keeps only the main principles of it. The complete analysis leads to recognising its independence and its very own dynamism. Better adapted to its environment, as far as reactivity and speed of judicial creation is concerned, the status of a « special deposit » is a more relevant description of the financial titles deposit
Touillier, Marc. "Procédure pénale de droit commun et procédures pénales spéciales." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10031.
Full textIncessant legislative reforms in criminal procedural law produce an astonishing multiplication of specific procedures for certain categories of offenders or offences. Criminal procedural system is torn apart, increasing the complexity of law and clouding the very meaning of rules' adaptation. The dialectic of ordinary and special rules of law casts a new light on the evolution of criminal procedural law. On the one hand it is important to make a distinction between a common procedural framework that is applicable to every criminal case and specific procedures only applicable to some of them. On the other hand it becomes vital to manage the connections between these two types of law. Regarding the first point, there is a profound misunderstanding of the distinction in contemporary law. Indeed, it is difficult to determinate the frontiers of ordinary and special rules of criminal procedural law. Moreover, it is obviously attested by a progressive marginalization of ordinary criminal procedure facing an ever-expansion of special criminal procedures. A new understanding of the distinction appears even more necessary because the distinction between ordinary and special rules of law is essential to organize the criminal procedural system. Regarding the second point, criminal procedural law suffers from the resulting disorder from the mismanagement of the connections between ordinary and special rules. While the lawmakers seem not to pay much attention, the actual disorder cries out for appropriate means to control the connections between ordinary criminal procedure and special criminal procedures
Hassan, Kamal. "Le statut des tribunaux ad hoc en droit international pénal." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1005/document.
Full textThe purpose of this thesis is to examine the ad hoc tribunals by analysing their definition in international public law, their founding legal principles, their jurisdiction over international crimes and their goals to determine wether there is a common international status for these tribunals.The implementation of the first ad hoc tribunals on the international stage after World War II, the IMT of Nuremberg and Tokyo, was due to the inability or unwillingness of the internal judicial system in the countries concerned to bring the perpetrators of war crimes to justice.Subsequently, nine ad hoc tribunals were established (either unilaterally by the Security Council or through an international agreement) with a view to prosecute the most monstrous crimes, such as crimes of genocide, crimes against humanity and war crimes. In this respect, we can say that the ad hoc tribunals benefit from all the mechanisms required to be efficient, such as individual criminal responsibility, primacy over nation courts and the obligation of States to cooperate,and they have succeeded to achieve the purpose of justice.However, in addition to their natural function to ensure justice, these tribunals had been given a further aim : to achieve international peace and security. They were not able to achieve this aim, because a legal body cannot reach a goal whose motives are political.After studying the status of the ad hoc tribunals and thus necessarily analysing all the texts which organise the function of these tribunals, we are in a position to confirm that the ad hoc tribunals will not be replaced by other judicial bodies, such as transitional justice or universal jurisdiction.Moreover, despite the entry into force of the ICC as a permanent court in 2002, new ad hoc tribunals will be established. Their status could be based on the common status and on our proposals
Munoz, Frédérique. "La conciliation : du droit privé au droit public." Paris 1, 1997. http://www.theses.fr/1997PA010326.
Full textFrench lawyers are more and more interested in alternative means of dispute resolution (adr). One of them, "settlement", may he used by the judge and also out of courts ; that is why it is spreading out. Settlement first appeared in 1790 in private trials with a particular purpose : keeping the judge as a servant of the law. And it was the "juge de paix" monopoly. This situation is now over and settlement can be dealt with every "juge judiciaire" and since 1986 with the french "tribunal administratif. However, despite its avantages, settlement is not as frequently used as it could be, due to a lack of time. Out of court settlement, which appeared during the last century, has become more and more widespread since the eighties. Unfortunately, procedures are not well known and badly defined
Ballot-Léna, Aurélie. "La responsabilité civile en droit des affaires : des régimes spéciaux vers un droit commun /." Paris : LGDJ-Lextenso éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb41294023f.
Full textSalord, Géraldine. "La propriété collective des oeuvres : Contribution du modèle du droit d'auteur au droit commun." Paris 2, 2007. http://www.theses.fr/2007PA020091.
Full textBallot-Lena, Aurélie. "La responsabilité civile du droit des affaires : des régimes spéciaux vers un droit commun." Paris 10, 2006. http://www.theses.fr/2006PA100200.
Full textBased on the analysis of the various civil liability rules existing in business law, this study focuses on the possible existence of a common set of rules ("droit commun") within the scope of civil liability in business matters. The regimes here examined are: the chief executive officer's personal liability in company law, the liability actions in bankruptcy law, the actions in competition law and the actions for unfair competition. The study of those regimes through substantive law (i. E. Legal provisions and applicable regulations) reveals their many differences but also the close links that exist between those special regimes and tort law (i. E. The general civil liability law or "droit des obligations"). Those differences as well as those similarities with the mechanisms existing in tort law make us try to unify them into a common set of rules, different however from the general civil liability law. In this study, we draw up the lines of this new common civil liability regime
Guerekobaya, Pierre. "Les régimes dérogatoires au droit commun de la comptabilité publique." Paris 2, 2007. http://www.theses.fr/2007PA020080.
Full textMagnier, Véronique. "Rapprochement des droits dans l'Union européenne et viabilité d'un droit commun des sociétés." Paris 2, 1997. http://www.theses.fr/1997PA020084.
Full textFurther progress towards the european union (eu) would require methods of approximation of laws, particularly to establish a common company law. This is usually achieved through international agreements, which aim at unifying laws. The founding treaties of the eu do not ignore these methods of unification, but also resort to original methods for approximating laws, harmonization and coordination, which should not necessarily lead to unified laws. The approximation of european company laws is supposed to rely on these flexible methods, as the european institutions shall carry out the duties devolving upon them by "coordinating to the necessary extent and rendering of equal value the guarantees which member states require of companies. . . "(article 54(3)(g), treaty of rome). But an analysis of directives reveals that the practical approach adopted was one of unification. Nevertheless, no common european company law has been achieved so far, as the european rules remain a mixing of national legal ones. This study shows that unification is not adapted to the approximation of company laws in europe because two different models of companies coexist. Therefore, national legal systems borrow rules from both models, leading to incoherent solutions, as the french company law illustrates. This thesis recommends more flexible methods of harmonization, inspired by the old european "jus commune". These methods would not necessarily lead to unification but would offer a consistent and non binding set of principles that states could follow or adapt as needed. The european common company set of principles that would emerge from such an approach could fit into all national systems. It would, however, require thorough preliminary doctrinal and scientific studies
Coëffard, Paul. "Garantie des vices cachés et "responsabilité contractuelle de droit commun" /." [Paris] : LGDJ, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/504367196.pdf.
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