Dissertations / Theses on the topic 'Volonté individuelle'
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Mevoungou, Zambo Romy Suzanne. "Nullité et volonté individuelle." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D010.
Full textBefore the ordinance of February 10, 2016 on the law of contracts, the major part of studies have largely reserved nullity for the sanction pronounced by the judge while the hypothesis of the willful annulment was confined to a subsidiary place if not to a existence substantially discussed. The legislative consecration of the willful annulment meets the need for simplicity and celerity when the parties come to misunderstand each to other, as well as the need to relief the courts’ congestion, when the contractors agree to an amicable termination of their contract. Under these non-exhaustive attributes resides the practical interest of the consecration of the mechanism. However, this legislative act addresses a fundamental concern relating to the reception of the willful annulment in legal framework. It is precisely a matter of knowing how to reconcile the power of the agreement of wills and the pronouncement of the annulment of the contract. The study on "nullity and individual will" is therefore devoted to the problematic of the cancellation of the contract by the will of the parties to the agreement. The study generally questions the mechanisms and consequences of willful annulment. The ideas built around the questions thus posed are articulated in two hypotheses concerning on the one hand the pronouncement of the willful annulment and on the other hand that of the annulment pronounced by the parties. Firstly, the pronouncement of the annulment leads to questioning the possibility of a willful annulment and then examining the mechanisms and modalities of its implementation. Secondly, the annulment pronounced by the parties exhibits the impact of the agreement of wills and produces contingent effects on the nullity
Mouriapregassin-Payet, Caroline. "État civil et volonté individuelle." La Réunion, 2008. http://www.theses.fr/2008LARE0001.
Full textTraditionally, civil state and individual will are two antinomies concepts. The component of civil state could not be subject to amendment. Yet, the content of civil state could not break away the increasing thrall of the individual will, which involve itself progressively in, impacting its various components. Civil state, seeming unprepared to the arriving of this new piece of data, has to transform itself. It renews itself indeed by its nature of law and order as well as by its social designation function and from now on integrates the individual will. Therefore, the definition of civil state assumes a realization by integrating the concept of identity which is more fitted since it takes in consideration the objective aspect of the social identification implying a definite constancy and the subjective aspect allowing the amendment which will enable the achievement of a balance between self-interests and social interests
Hirsoux, Eric. "La volonté individuelle en matière de filiation." Paris 2, 1988. http://www.theses.fr/1988PA02T080.
Full textMarly, Pierre-Grégoire. "Fongibilité et volonté individuelle : étude sur la qualification juridique des biens." Paris 1, 2002. http://www.theses.fr/2002PA010312.
Full textGrizon, Roxane. "Etat civil et état des personnes, entre ordre public et volonté individuelle." Paris 11, 2010. http://www.theses.fr/2010PA111018.
Full textTrilha, Schappo Kellen. "Les angles morts d'un monde juridiquement hétérogène : essai sur l'exercice stratégique de la volonté en droit international privé contemporain." Thesis, Paris, Institut d'études politiques, 2016. http://www.theses.fr/2016IEPP0071/document.
Full textIt is practically impossible to prevent individuals from choosing the legal framework that would best fit their expectations. Law regulates and limits individual will in contexts in which collective interests, as it understands them, should prevail; the international aspect of a situation relativizes, however, these limits, and offers multiple possibilities for individuals to develop a tailor-made framework for their own relationship. Private international law addresses the difficulties arising from the international aspects of a situation, but the complexity of some cases challenges the limits of the discipline’s mechanisms. Controlling the effects of individual choices becomes more difficult when not only the different content of rules from a country to another is explored, but individual strategy extends also to neighbouring regimes, in a normatively heterogeneous world. The strategic exercise of will consists in the manipulation of the regulatory framework by an individual aiming at excluding the application of a norm which does not satisfy their purpose. The submission of the situation to a chosen legal framework diverts it from the field of vision of the initial legal order, which will not see the situation again unless it is called to decide upon its effects. The new solution developed by the individual risks being not fully anticipated and regulated by the receiving legal order, or by any legal order that will have to decide on matters related to the main situation. Thus, in these conditions, the different interests at stake are not fully considered and balanced. As a space that escapes from an observer’s eyesight, some aspects of the situations are in a blind spot, phenomenon whose description and treatment are at the centre of this thesis
Cammellini, Céline. "Les médecins et les patients face à la fin de vie : entre devoir thérapeutique et volonté de choisir sa mort." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1018.
Full textDuring the last century, the circumstances of the death changed. Most of the deaths arise now at high ages even very high. They mainly take place in institution and are often preceded by a long chronic disease accompanied with sufferings and with fears which cannot be relieved. The same feelings also find themselves at the more or less young people, damaged by the life.That is why, from now on, the patients favor the quality of the death to the extra time of the life in the suffering. So, more and more frequently, the medical profession is confronted with requests of euthanasia or suicide assisted on behalf of the suffering.It is in this context that it is interesting to wonder on the French legislation regarding the end of life and on the place given as long to the healthcare professionals, and the patients.If the Leonetti’s law of April 22nd, 2005 constituted a considerable advance on the subject, she does not unfortunately answer all the existing situations and currently not sufficient in front of constant requests of the suffering people and the majority of the French population. The recent affair Vincent Lambert shows it in which, the medical team confronted with clashing notices within the family close to the patient and in the absence of will expressed by this one, was brought to make a collective decision on the pursuit or not of the treatment delivered to this patient tetraplegic in state of minimal consciousness, who it seems did not want to survive any more. Followed itself several judicial scrums which allowed to boost the debate on the evolution of the legislation regarding the end of life
Siew-Guillemin, Anne Sophie. "La famille à l'épreuve des droits fondamentaux." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0033/document.
Full textOnce lineal, patriarchal and inegalitarian, the family has become egalitarian, nuclear and pluralist. Analysis shows that the impetus of fundamental rights has been decisive in this process. The principles of liberty, equality and non discrimination prevailing now have created unprecedented upheavals in the institution of the family. Traditionally influenced by a restrictive public tendance, family law has been considerably liberalized, to the point of appearing in certain respects as the depository of individual wishes. This decline of the regulating function raises questions as to the evolution of law itself and of it's object, the family. In this respect, fundemental rights present problems, both technical and political. However, fundamental rights may also be regarded as tools to be used for the recomposition of the institution of the family and of it's protection
Hirsoux, Eric. "La Volonté individuelle en matière de filiation." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37614322p.
Full textDupichot, Philippe. "Le pouvoir des volontés individuelles en droit des sûretés." Paris 2, 2003. http://www.theses.fr/2003PA020089.
Full textBondil, Frédéric. "Le rôle des volontés individuelles dans la genèse des délibérations collectives." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32037.
Full textThe study begins with the double statement of the dangers and benefits of an interference of the ordinary members of deliberative entities, ruled by private law, in the initiative of collective decisions. The research aims to determine how law arbitrates between these two facts. Two trends come out from the research related to a significant number of cases of deliberative collectivities. The action of individual will is tightly controlled when it is intended to apply to the opening of a deliberative procedure. Ordinary members in that case have to insure the proper and necessary development of their collective procedure. This requirement first appears when it comes to provoke the initiation of a decision making process. The function allotted to the power to initiate a decision then reveals itself in the terms of assignments of this prerogative and above all in the ways of exercising it. .
Olagne, Cécile. "Le pouvoir des volontés individuelles dans le droit de la préscription." Strasbourg, 2009. http://www.theses.fr/2009STRA4024.
Full textBefore the law of 17th june 2008, France’s highest appeal court (Cour de cassation) used to accept the clauses about negative prescription as valid, but rules were confused (Prescription is a similar concept to the common law statute of limitations). The law of 17th june 2008 expressly admitted clauses about negative prescription. It settled validity conditions of these clauses but did not clarify details of implementation. The thesis is aimed at extensively discussing the role and the internal consistency of such clauses both in the former and new legal contexts
Marly, Pierre-Grégoire. "Fongibilité et volonté individuelle : étude sur la qualification juridique des biens /." [Paris] : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484025805.pdf.
Full textBondil, Frédéric. "Volontés individuelles et genèse des délibérations collectives /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2003. http://catalogue.bnf.fr/ark:/12148/cb39081290v.
Full textBibliogr. p. 583-598. Index.
Dupichot, Philippe. "Le pouvoir des volontés individuelles en droit des sûretés /." Paris : Éd. Panthéon Assas, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494284889.pdf.
Full textBarbier, Martine Danielle. "La volonté du salarié dans le rapport de travail." Thesis, Lyon 2, 2010. http://www.theses.fr/2010LYO22003/document.
Full textThe thesis offers to measure the role and place which law reserves for the employee’s will in labour relations. It also tries, at the same time, to identify, through the observation of certain evolutions, that the employee’s will is being more clearly taken into account. This approach necessarily goes beyond the observation generally made of the degree of the employee’s subordination and of the necessary and collective protection from which he benefits. The will, as defined by the author, supposes, as a matter of fact, a recognized field of application protected by the law through prerogatives and individual rights held by the employee which give him/her a certain degree of freedom, the ability to choose and the power to act within the labour relations. In order to cover the diversified and specific forms of voluntary action by the employee, our approach is led with regard to firstly the contractual dimension and secondly the degree by which the employer’s power affects the job relationship. The diagnostic made, which mixes closely favour and suspicion, valorization and protection of the employee’s will, shows nevertheless that this will is more systematically and radically taken into account. The orientation, engendered by positive law, is likely to announce not the end of the salaried status but on the contrary some sort of renaissance
Bourquin, Jean-Christophe. "L'État et les voyageurs savants : légitimités individuelles et volontés politiques : les missions du ministère de l'Instruction publique, 1842-1914." Paris 1, 1993. http://www.theses.fr/1993PA010526.
Full textBetween 1842 and 1914, the French ministère de l'instruction publique disposes of a financial resource that allows numbers of savants to make scientific, or literary travels abroad. The study of the 1205 files containing details about these travels makes the scientific and political goals of these missions scientifiques et litteraires clear. A closer approach of a few selected travels shows how financial help is asked and given. An historical sociology of those who benefit from the states money shows that this population changes greatly over the years. From a larger point of view, we can see, on one hand, that scientific travelling occupy a low grade on the hierarchical, and ideological, ladder of scientific activities. On the other hand, the study of the administrative surroundings of the missions scientifiques, sh ows that the traditionnal regal distribution of money, which has been carried on for decades by the kings of france, doe s not completely disappear during the 19th century, even under republican law. Both these elements explain the great div ersity of the scientific goals of the travels, and the heterogeneity of the population of the charges de mission. The monographical approach of the use made of state money gives an original point of view on the relations, so specific to France, between state and scientists. A dictionnary of the 796 charges de mission containing details about their live s and travels, constitutes the second volume of the work
Gautier, Jean-Louis. "Hospitalisation psychiatrique sous contrainte et droits fondamentaux." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32034.
Full textThe old law on insane people has often been criticized but none of the numerous attempts of reform, that it has met throughout its history, has prevented the outstanding move of cares towards more liberty, notably through sectorization. The lack of adaptation of the monarchist law made the legislator act in 1990, but the action was very relative as 90-527 law only rephrased, with some updates, the means to constrain to a treatment abiding by public policy. But, the new law, intended for the improvement of liberty and the protection of hospitalized insane persons, had paradoxical results: an extension and a reinforcement of psychiatric constraint, which made reappear the criticisms of jurisdictional dualism, which psychiatric hospitalization is subjected to. The court relentlessly reaffirmed its attachment to the principle of separation of administrative and judiciary authorities, while it was rejecting the legal argument’s unification of the psychiatric hospitalization without agreement in favor of the judicial judge. The High Court, with an adjudication dated from February 17th, 1997, made a rationalization of disagreement’s skills which allowed the jurisdictional plan to reveal its efficiency : administration, nowadays, has to make sure the hospitalization is respectful of procedures, it would be compulsorily sanctioned in case of a breach of the rules (First part). Nevertheless, hospitalized persons without acceptance should worry about the high-level of guarantee of their rights. Since 1997, an imminent reform of this law has been expected. Numerous reports and studies have led to sanitarian or security order proposals, which sparked concern. The measures about the statement of penal irresponsibility due to mental disorder, and tackled in 2008-174 law, kept feeding these concerns making the situation of persons forced to psychiatric cares worse. The bill submitted to the President of the national assembly on May 5th, 2010, confirmed this evolution. The text pending the parliamentary institution has a sanitarian aim, but the individual right to health protection would justify a constraint that public order can not establish ; the necessity of psychiatric cares would not only be based on the external manifestation of the disease as an aspect of civilian life. Moreover, even if the constitutional Council’s requirements, defined during a major questioning of the constitutionality of the maintenance of constrained hospitalization, are an enhancement, the increased presence of a judicial judge during the procedure would not ensure better guarantee as long as the new disposals operate a deep transformation of judges' duties, notably if they are associated with the decision of constrained cares. Against all expectations, the sanitarian aspect of the measure, when it turns to be an end in itself and is not dependent on public order, is dwindling liberties (Second part)
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