Tesis sobre el tema "Droit de procédure civile"
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Lignelet, Brice-Joris. "Dématérialisation et procédure civile". Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD067.
Texto completoPaperless methods of data production, process and records management has substantially changed both the economic and social relationships. Therefore, French law and justice could not have ignored these technological evolution which is deeply impacting their own organisation, methods, and professions. The necessary adaptation by French law and Justice to digital technologies now acquired, and concerns or fears on their integration into the civil litigation process being overcome ; dematerialisation of procedural acts and their communication in electronic forms are generally used. Regarding this technological reality, attention needs henceforth to be directed towards the role of each relevant actor of the French E-justice to make sure that such proceedings allow a fair trial to any litigant
Fossier, Thierry. "Procédure et procédures à l'épreuve du droit de la famille". Lyon 3, 2001. http://www.theses.fr/2001LYO33005.
Texto completoCoudevylle, Martine. "L'exercice abusif des voies de droit en procédure civile". Pau, 1991. http://www.theses.fr/1991PAUU2012.
Texto completoMisuse in lawsuits and seizures must be distinguished from suits placed without rights, fraudulent suits and suits devoid of interest. In defining misuse we must allow for free access to the courts and minimize excesses in proceedings. First, it must be admitted that immunity is granted, on principle, to the winning litigant. So it becomes clear that there is misuse when a litigant acts with intent to harm, with insincerity, or commits serious malfeasance. But the judge also occasionally declares that there is misuse when the litigant commits a characterized error with absence of malice, and his sentence varies according to the error the degree of gravity of the error varies, on the one and, according to a ratio that is inversely proportional to the importance of loss suffered, and to the qualification of the litigants and on the other and is directly proportional to the complexity of the case or to the quality and strength of the right exerted e. G. The rifhts of the defendant are protected more effectively that those of the plaintiff. The new civil procedure code provides various fines for punishing misuse, but they are rarely applied : it would be better if these fines were standardized. Misuse can also be punished with damages imposed to implement the general principle of civil liability. But the judge can also order either the losing or winning litigant to pay the costs and his opponent's lawyer's fees if be considers it fair. (. . . )
Raschel, Loïs. "Le droit processuel de la responsabilité civile". Paris 1, 2008. http://www.theses.fr/2008PA010299.
Texto completoDu, Chastel de la Howarderie Antoine. "Les class actions et la procédure civile française". Paris 1, 2006. http://www.theses.fr/2006PA010310.
Texto completoLasserre, Marie-cecile. "Le droit de la procédure civile de l'Union européenne forme-t-il un ordre procédural ?" Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00934072.
Texto completoLasserre, Marie-Cécile. "Le droit de la procédure civile de l'Union européenne forme-t-il un ordre procédural ?" Thesis, Nice, 2013. http://www.theses.fr/2013NICE0024/document.
Texto completoEven if it is conceded that the European Union law necessarily involves the renewal of traditional and national legal concepts, order can emerge from disorder. As a result, the existence of the civil procedural law of the European Union could be asserted, the legal order of the European Union could move towards a federal model and the concept of being justiciable in the European Union for any issues, individuals or entities could be fully recognized. However, the civil procedural law of the European Union must be integrated taking into consideration the national civil procedures and as a national symbol in connection with sovereignty. In a disorder – where the civil procedural law of the European Union is described as breaking free though remaining under the domination of the member states (and their respective procedures) which look forward to the development of a procedural system while wishing to remain in control – , ce¬rtainties have not been challenged to confirm but also to prove the possible implementation of a procedural order for the European Union. Although the procedural system of the civil procedural law of the European Union is unachieved, such system is not meant to be developed on the basis of the classic model. On the other hand, the civil procedural law of the European Union is meant to take part in the construction of the European judicial area where national civil procedures are being reshuffled. Thus, without denying its procedural aspects, the European Union’s civil procedural law only seems to take shape field which provides a renewed procedural order to the European Union
Veyre, Liza. "La notion de partie en procédure civile". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D011.
Texto completoNo English summary available
Lachenal, Renaud. "Le règlement judiciaire des petits litiges civils en droit anglais et en droit français". Montpellier 1, 2001. http://www.theses.fr/2001MON10016.
Texto completoBarrionuevo-Ottka, Daniel. "De l'urgence en procédure civile". Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD006.
Texto completoHumanity searches in vain to control the uncontrollable, to master time. It flies whithout any mean to stop it. Worst, it seems nowadays to increase its pace. Emergency is a concept directly linked to this flying time, which has consequences on the way we live and the way we consume. Law, and civil procedure, had to accommodate whith this new obsession. Lawmaker proposer several solutions to deal with the most urgent cases. Concomitantly to this generalization of the emergency among courts, behaviors and procedural strategies from the citizens evolved. Emergency became an excuse and a pretext to pick a quicker path. This distorsion of the emergency threats our entire legal procedure, since emergency procedures are now blocked by too many non-urgent cases. In this critical context, this thesis offers solutions to bring back order and balance on our legal system
Duchosal, David. "Les droits de la défense en droit communautaire : procédures de concurrence". Paris 2, 1993. http://www.theses.fr/1993PA020066.
Texto completoThe legal notion of rights of defence in european law has known an unbroken and continual crystallisation before being amount to the status of a basic due process. The european court of justice has first drawed the main lines of this legal building. In the first place, and after being started from the state members law systems, by confering on the rights of defence a specific european size. Then, by asserting the possibility for a company to organize freely its defence with the legal means of secret and expression. Furthermore, the court of first instance and then, the european court of human rights have recently taken turns to bind indefectibly the basic rights of a due process of law and appeal to the rights of defence. Thank to this decisive jurisdictionnal start, the rights of defence are on the point to get in european law a legal value which put them at the top of due process of competition law the most protective from the administrative arbitrary
Staes, Olivier. "Procédures collectives et droit judiciaire privé". Toulouse 1, 1995. http://www.theses.fr/1995TOU10034.
Texto completoMacone, Christophe. "Nouveaux regards sur le témoignage en procédures civile et pénale". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32037.
Texto completoThe object of this study is testimony in private law (civil procedure and penal procedure). The starting point of the reflexion is consisted a comparison which is moulted in an interrogation namely: Testimony and the witness recover same reality ? In substantive law, the answer is a priori simple since testimony is the declaration of the witness. However, if this first impression is exceeded, it appears that other people carry out the same action without being described as witness. It results from it a discordance between testimony and the witness. From where need for not stopping with the current denominations, but for reasoning in term of finality, which is to bring a help to the judge, in order to determine a true statute of the witness, holding more account of this reality. With this intention, the selected step consists in defining testimony and the witness in the course of justice, for then being interested in the provisions governing the activity of the witness and more particularly its declarations. This reasoning aims at determining a whole of homogeneous rules applying to the witness. In a broader vision, he is also proposed the creation of a Code of the proof containing of the common provisions to the both studied procedures. Thus, the development of such a code forms part of a more total movement tending to gum the differences between the civil procedure and the penal procedure. This work thus intends to contribute to a real transformation of the French procedural rules into private law
Auteroche-Calaudi, Camille. "Le référé afin de rétractation des ordonnances sur requête en droit judiciaire privé". Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD039.
Texto completoAccording to the law cases, the revocation of the unilateral orders in french procedural law is an recourse seeking to reinstate adversarial proceedings when a magistrate has granted an order on an unilateral request. It is not a remedy in the strict sense of the term.According to the doctrine, the revocation is very practiced but poorly controlled. This lack of control would be justified by several factors. First, the legislator devotes only one and a half article to the interim order for retraction in the Code of Civil Procedure. Secondly, the decisions rendered are essentially of a kind. Finally, there is no in-depth doctrinal study on this kind of revocation.In order to precisely identify the interests of this mechanism, the present research aims to trace the procedural itinerary of the third party interested in the retraction. This leads, at first, to ask about the action for revocation and, in a second time, to discuss the decision of the revocation
Touillier, Marc. "Procédure pénale de droit commun et procédures pénales spéciales". Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10031.
Texto completoIncessant 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
Delicostopoulos, Ioannis S. "Le procès civil à l'épreuve du droit processuel européen". Paris 2, 1999. http://www.theses.fr/1999PA020034.
Texto completoBonfils, Philippe. "La nature juridique de l'action civile". Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32000.
Texto completoLhadi, Jérémy. "L'influence des normes européennes sur la procédure civile d'appel avec représentation obligatoire". Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3064.
Texto completoEuropean norms, whether they emanate from the European Union or derive from the European Convention on Human Rights, as interpreted by the EDH Court, have an impact on the entire state legal order of the States concerned. Of the materials irradiated by European law in the broad sense, civil procedure is no exception, but procedure remains treated in a singular way by both European institutions, even more concerning appeal courts. If, by reason of the legal systems, European norms with a higher value than the law necessarily have an influence on the civil appeal procedure, it is only because of the will of the French authorities that this influence finds concrete realization. Indeed, during the adoption of the reform of the civil appeal procedure in 2009, the regulatory authority expressed the wish to adopt an appeal procedure that complies with the European requirements of the civil trial, in particular Article 6§1 of the EDH Convention and the principle of fair trial. However, while this influence is indisputable, it is limited in various respects. On the one hand, the procedural autonomy of States has been firmly enshrined by the authorities of the Union, which has not given itself any competence in the matter, and the jurisprudence of the Court of Justice of the Union. For its part, the EDH Court limits its interference in this respect in the name of the principle of subsidiarity reinforced by the adoption of Additional Protocols Nos 15 and 16. Even more so, the choice of French executive power, marked by the seal of celerity, was made at the expense of certain of the other guiding principles of the trial, in particular the fair trial and access to the judge, which find themselves excessively cut off by strict deadlines and strict and automatic penalties. The civil appeal procedure has become essentially a calendar procedure for managing litigation flows, without achieving the objective of celerity that justified these restrictions. Thus, in view of the difficulties of delay experienced by the French Courts of Appeal, it is necessary to consider the advisability of devoting more broadly and effectively the European principles of civil litigation, by the advent of a new appeal that would have as its object put in center fairness, the principle of the contradictory, the equality of arms and access to the judge. To do this, it is possible to turn to the procedural models of the judicial bodies of the European institutions, or even to foreign procedural examples. Such an approach to rebalancing procedural expectations would make it possible to opt for a more virtuous procedure that respects the procedural rights of litigants, and probably also, to improve the time it takes in front of appeal courts. In this perspective, it is necessary to question the appeal in its entirety, but also the totality of the civil process. As for the philosophy of the appeal, it seems that the « way of completion » is the best model in order to achieve these objectives, within a strict framework that makes it possible to exclude abuses and disloyalty of the parties. Thus, through different filtering mechanisms and the adoption of a more flexible instruction, it would be possible to reconcile the requirements of fair trial and expediency, opening the way for a total influence of European standards on the civil procedure of appeal with compulsory representation
Azambuja, de Magalhaes Pinto Roberta. "Les actes d'administration judiciaire en droit français et en droit brésilien : étude de procédure civile comparée". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D026/document.
Texto completoIf the ultimate goal of the trial is in the judgment, by which the judge says the Jaw (jurisdictio), dispelling legal uncertainty and thus promoting social peace, other acts must also be made for the fulfillment of the mission of judging : these are the judicial administration acts, which are the subject of our study. The French concept includes the acts of judicial organization and the acts of procedural management, which provide, respectively, the proper functioning of the courts and the proper conduct of the proceedings. Despite the importance of the subject, it is little explored by jurists and we see some hesitation concerning the exact definition of the acts of the judge by scholars and in the jurisprudence. This is not desirable, however, because the judicial administration acts are subjected, according to the French law, to a different set of rules, so they are not in principle liable to the same constraints as judgments, and they cannot incur to any appeal. The Jack of ways of contesting, in addition with the adoption of a flexible system, where the head of the court has major powers in the subject, open legitimate questions concerning the respect of major principles governing the trial and the justice. Although Brazilian law does not have the French notion, the administration of Brazilian justice requires, too, the practice of judicial administration acts. The similarities related with the acts of procedural management and the significant differences in the acts of judicial organization justify the comparative method of this study, which proposes to determine the peculiarities and common features of these two legal systems and to identify what each one can learn from the other in a constant goal of development
El, Meligi Ossama Ahmed Shawki. "La déchéance en droit judiciaire privé : étude comparée franco-égyptienne". Nice, 1988. http://www.theses.fr/1988NICE0002.
Texto completoCompain, Adrien. "La cohérence du droit judiciaire européen en matière civile et commerciale". Nantes, 2012. http://www.theses.fr/2012NANT4013.
Texto completoGiven the increasing number regulations adopted in European judicial law in civil and commercial matters of European, defined as the judicial rules applicable to the European economic litigation, its coherence has to be carried out. To that end, the study intends to identify the sources of inconsistency of European judicial law in civil and commercial matters. The European judicial law in civil and commercial matters is the result of a construction process that determines its substance. Therefore, the study of the coherence of the construction precedes the study of the coherence of its result. The assessment of the coherence of the construction reveals that the European judicial law in civil and commercial matters regulations adopt neither the same method, nor the same foundation. First generation regulations, which mitigate the effects of the judicial border, an distinct from second generation regulations, which suppress these effects. These second generation regulations are based on an "absolute" principle of mutual recognition of decisions, which can not constitute a valid foundation for the European judicial integration. The assessment of the coherence of the result reveals that the lack of coordination and the inconstancy of the regulations oppose to the emergence of a European judicial law in civil and commercial conceived as a homogeneous, accessible and predictable body of rules. It also reveals that the regulations infringe the fundamental principles of the respect for an effective right to a fair trial and the respect for the diversity of the legal systems of the Member States
Kounou, Wilfred. "Le droit de choisir son juge en droit judiciaire privé". Reims, 2004. http://www.theses.fr/2004REIMD002.
Texto completoYou can't pick your own judge that's the principle. But there are exceptions, both nationally and abroad. Sometimes this is motivated by the need for proper administration of the justice system-for instance when a case is concentrated in one single court. The convenience of party to the trial can also be the motivating factor-when the latter refers a matter to a court within whose jurisdiction the evidence is more accessible. When this course of action is taken, various procedures even entitle the person subject to trial o choose his or her judge. Such cases are justified by the requirement of due process of law and notably the need for judgement to be rendered by a judge whose impartiality is beyond doubt. For the legal subject the choices of court and judge represent real rights which derive from various texts of law, the enforcement of which has legal consequences. Indeed this rights is binding on the judge as well as on the parties. As with any other prerogative the relevant rights depend on the legal subject's loyal behaviour. The study of these rights is not devoid of interest. It makes it possible to show there can be a link between questions pertaining to the body which pronounces a ruling and those related to the latter's author. It also emphasizes the requirements of a proper administration of justice system as well as of due process of law. Lastly, it highlights the influence of European law on national procedures
Muller, Yvonne. "Le contrat judiciaire en droit privé". Paris 1, 1995. http://www.theses.fr/1995PA010286.
Texto completoIn the ordinary meaning of the word, a "judicial contract" is a contract certified by a judge. More precisely, it means a contract wich is conclued between parties during a legal proceedings. In order to give to the "judicial contract" all his effects, it needs a judicial intervention. Thereby, the rules of the "judicial contract" are both the rules of the contract and those of the legal proceedings
Noirjean-Perru, Nathalie. "Les obstacles juridiques à l'information du juge en matière civile". Nancy 2, 2006. http://www.theses.fr/2006NAN20006.
Texto completoBecause they are in the dead of conflicts (truth and legitimacy, information and secret) and find their source in substance and proceedings rules, juridical obstacles to useful information of civil judge are numerous and varied. Evolving, they fit to Society's needs and are submiting to cumulated influence of scientific progress (biology and information-processing) and human rights. In first time we have to carry out their identification. For that we shall prove that the notion of fault enables to decide between them. Obstacles based on fault's idea are the insolvency (of main or third parties who don't deliver in due time to the judge pertinent informations they can), as well as unlawful proofs. Some obstacles proceed so from require of literal proof's preconstitution, some others from illegal or disloyal producing of proofs. That is the supreme countenance of mixed feature of french civil proof system. Independant obstacles from notion of fault are not so numerous but as so diversified (impossibility to move or to get a literal proof, devilish proof, legitimate denial to let the judge knows). Amongst them the legitimate reason defined as a reason of principle concerning personally the one who invokes it, is the focus of conflicts between judge's information and human body's inviolability, right of private life's respect, business and professional secrets. Because it is a litigation that the judge must solve under penalty of denial of justice, we have to go beyond the identification phase. In second time, it appears as necessary to envisage the corrector devices (amendment to insufficient information and legal solve of untrue information) and sanction system (financial, proceedings and probative sanctions) at judge's disposal
Brus, Florence. "Le principe dispositif et le procès civil". Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2012/document.
Texto completoThe principle of party disposition is the civil trial guiding principle which enshrines the power, for the parties, of having their own litigation under control. Da mihi factum, dabo tibi jus is a well-known adage. The judge should interpret the law while the parties’ role would be to bring the facts to him.However, the civil proceeding evolution seems to show a reconsideration of this balance, as reflected by the development of the principle of cooperation and the emergence of the principle of jurisdiction. Nevertheless, the main matter might not be the principle of party disposition but the analysis that were done. The parties are still exercising sole control over their own litigation but the classical conceptualization of the principle of party disposition is making some doubts appear. The purpose of the study consists in renewing all analysis on the principle of party disposition in order to highlight his “fundamental” character, as Motulsky wrote it. In order to achieve this, the first thing to do is renewing the analysis on its function. The principle of party disposition is not a principle of the trial but a guarantee for the jurisdictional function, which enshrines the role of the parties regarding requests, not procedural charges. This study leads to renew the analysis on the nature of the principle of party disposition. The guiding principle designation must be dropped out and replaced by the fundamental right one, which should be enshrined in the Constitution. The conclusion of the study may be that facts and law are not opposed; in the contrary, facts are a source of law. The Da mihi factum, dabo tibi jus adage must be understood as tell me what the legal fact is, I will tell you what the law states
Glaude, Harry-Daniel. "Accélération du cours de la justice civile et respect des droits de la défense". Paris 10, 2000. http://www.theses.fr/2000PA100098.
Texto completoGuigou, Marie-Sophie. "Le droit aux voies de recours hiérarchiques en matière civile". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32023.
Texto completoThe appeal's right suffer about his constitutional and european aknowlegement absence. Nevertheless, this aknowlegement is temperated. In fact, the right of appeals can be considered like a fondamental right, through the “nullity appeal”. Consequently, how conciliate the right of appeals in civil law which protect the justiciable rights but, also delay the processe issue and effect the justice celerity? Can we do find a just stability between the respect of justiciable rights and the good performance of justice?
Hoffschir, Nicolas. "La charge de la preuve en droit civil". Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100173.
Texto completoThe burden of proof constitutes an original concept which epitomizes the evolution of time and of the founding principles of law. Historically, the notion of burden of proof referred to the individual role of the litigant who, through his own effort, had to convince the judge of the soundness of his cause. Nowadays, considering the importance of truth in our society as well as the willingness to tighten solidarity between individuals, it is considered as a basic requirement for a litigant to contribute to the emergence of truth. Yet, it is inappropriate to make confusion between probationary duties and charges. As a matter of fact, only the duties that the litigant has to carry out in order to win over his cause can be qualified as burden of proof. This implies that the burden of proof not only imposes duties during the trial but also before the referral of the case to court. Bound to gather proofs and produce them in court, the incumbent is not always in a situation to assume the burden of the proof. Legal precedents (law, jurisprudence) can then be used to either facilitate or to exempt the former of his obligations. In light of this new coherence, the burden of proof facilitates the understanding of certain technical mechanisms and allows for a new reading of the applicable law
Allamehzadeh, Mani. "Organisation légale de la médiation extrajudiciaire en procédure civile québécoise. Concordance avec la théorie psychosociologique de l'engagement". Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/30156/30156.pdf.
Texto completoRottier, 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.
Texto completoThe 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
Massot, Sonia. "Les manoeuvres dilatoires dans le procès civil". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0442/document.
Texto completoThe use of dilatory practices in the civil trial affects the perennial running of a legal caseby prolonging it. Indeed, these procedural behaviors impede the proper functioning of the public justice service. The litigant unfairly diverts time, in order to benefit from it, at the expense of his opponent. We find these dilatory practices all along the civil trial. They even start before the referral to the courts and run until the use of remedies. The legislator endeavors to simplify the running of legal cases thanks to multiple reforms of the civil proceeding. He establishes principles, mechanisms and sanctions in order to fight this phenomenon and to improve the celerity. We can rightly wonder if these means can successfully eradicate this scourge. This analysis reveals that the understanding of the « dilatory practices »’s meaning is ̏ a priori ˝ not easy for lawyers. Unfortunately, it is sometimes confused with other notions having similar characteristics. Therefore, the eradication of this phenomenon first requires a good understanding and a further clarification of the concept. This is the one necessary condition to determine the more adapted solutions for eradicating the use of dilatory practices in the civil trial
Dochy, Marie. "La dématérialisation des actes du procès civil". Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10035.
Texto completoDigital revolution has impacted civil trials. Traditionally printed on paper, the proceedings of trials have evolved into a new electronic form. The dematerialization of proceedings does not happen without any consequence on the conduct of trials. It causes new difficulties, related to its development and to what it brings to civil trials. The first part of this reflection introduces the extent of dematerialized proceedings. It examines how far dematerialization can go, regarding the importance that it gets as well as the functions that it fulfils. Proceedings in a dematerialized form are more and more exchanged within civil trials. If paper documents still exist together with those in electronic form, the 21stcentury represents a period of transition to a predominance of electronic forms. The extent of such forms brings about a definition of the functions assigned to dematerialization. This process must respect the formal aspect of proceedings as well as the efficiency of the lawsuit. Such missions will have serious implications on what is at stake in the trial. The second part of this reflection is thus about the challenges of dematerialization. It highlights what dematerialized proceedings can bring to a trial. They improve the respect of fundamental principles. They foster a better knowledge of case-law, make it easier to reach judges and reinforce the rights of the defendant or the necessity to meet the reasonable time requirement. However, the numerous assets that dematerialization can bring to a trial should not obscure its potential dangers. It must be regulated to prevent some misuses that it can lead to. The regulation of dematerialization reveals a renewed vision of civil trials. It allows us to consider that the proceedings in electronic form must be accompanied with changes, noticeably with an acceptance of some innovations which are beneficial to trials
Daffis, Claire. "La notion de charge processuelle". Electronic Thesis or Diss., Pau, 2024. http://www.theses.fr/2024PAUU2172.
Texto completoThe concept of procedural burden emerged with the New Code of Civil Procedure, integrated into Chapter I dedicated to "guiding principles," under the terms "burdens" or "burden to" perform. The objective is to frame the freedom of action of the parties engaged in litigation, moving away from the traditional liberal view that considers civil proceedings as "the affair of the parties." Civil procedure indeed imposes a series of procedural formalities on the parties, understood here as the burdens of the trial. In this sense, the procedural burden encompasses all the necessary formalities for the implementation and maintenance of the parties' right to act, constituting procedural constraints that weigh upon them throughout the process. Thus, the concept appears as a fundamental notion of civil trial, fitting into a balanced distribution of roles between the parties and the judge. These burdens present themselves as genuine requirements of civil procedure, which can lead to unfavorable outcomes for litigants in case of non-compliance.The ambition to adapt procedural burdens to the productivity of the trial has intensified over the course of reforms, seeking to improve procedural efficiency at the expense of the right of access to justice for litigants. The increasing constraints, complicating procedures, as well as the strengthening of sanctions and the powers of the judge, jeopardize the outcomes of disputes for litigants who do not meet their obligations. The responsibility of the lawyer, particularly in procedures requiring mandatory representation, is also targeted and heavily engaged.A thorough study of this concept within civil proceedings has become essential, especially in light of the impacts on all stakeholders involved and on the trial itself. This study has determined its meaning, nature, and legal regime, its requirements, as well as its application across all procedures and throughout the trial. It has also become necessary to establish the means of recognition and regulation of the concept to prevent its abusive uses
Sauvant, Florence. "L'erreur en droit pénal". Nice, 1997. http://www.theses.fr/1997NICE0015.
Texto completoAl-Fawareh, Mohammad. "La victime devant la justice pénale : comparaison de la procédure pénale française et de quelques procédures pénales arabes". Poitiers, 2004. http://www.theses.fr/2004POIT3011.
Texto completoMoury, Jacques. "Le moyen de droit à travers les articles 12 et 16 du nouveau Code de procédure civile". Paris 2, 1986. http://www.theses.fr/1986PA020072.
Texto completoJoguet, Camille. "Les incidences du droit procédural sur le droit substantiel de la famille". Thesis, La Rochelle, 2020. http://www.theses.fr/2020LAROD004.
Texto completoIn the context of family law, a specific bond exists between substantive rule and procedural rule. The specificity of this bond leads to an overtaking of the function classically assigned to the substantive rule and the procedural rule. The contemporary family law seems indeed to have abandoned a part of its substantials rules. The procedural rule, traditionally presented as a serving rule, will become the witness, then the enabler of family law’s transformations, and the procedural norm will progressively take over fundamental reforms. Implications of the procedural rule on family law will then manifest itself in the form of the substance as much as the nature of this latter
Yaboue, Djanbédja Koffi. "La recevabilité de l'appel et du pourvoi en cassation contre les jugements avant dire droit en matière civile et administrative : contribution à une théorie générale des jugements avant dire droit". Metz, 2000. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2000/Yaboue.Koffi_Djangbedja.DMZ0002.pdf.
Texto completoMairot, Adrien. "La société partie au procès civil". Besançon, 2010. http://www.theses.fr/2010BESA0001.
Texto completoThe French rules of civil procedure established first with regards to natural persons have been extended to artificial persons. The civil procedure code thus makes no special provision for these latter legal subjects. Artificial persons and natural persons do not, however, share the same characteristics. For example, all companies distinguish themselves by their unique image, which influences not only their legal personality but also the exercise of their rights. This specificity has an impact on the procedural regime applied to companies. Since legal personality is simply the status under law of the artificial person, if the character of an artificial person is artly determined by its image, that of the legal personality is also. Likewise, if appearances affect the exercise of companies' rights, the same is true with respect to their involvement in civil procedure. Accordingly, when a company becomes a litigant, certain peculiarities emerge. Admittedly, the procedural regime is basically the same as that which applies to natural persons. It does, however, undergo a number of adjustments. The jurisprudence of mainline railway stations perfectly illustrates this shift. In other words, despite a unitary presentation of legal subjects, the study of companies as parties in lawsuits reveals that judicial rules are sometimes adapted to take into account the specificities of these artificial persons
Petitgirard, Thibaut. "Réflexions sur l'hypothèse d'un droit processuel pénal international". Montpellier 1, 2005. http://www.theses.fr/2005MON10053.
Texto completoJallamion, Carine. "L'arbitrage en matière civile du XVIIe au XIXe siècle : l'exemple de Montpellier". Montpellier 1, 2004. http://www.theses.fr/2004MON10065.
Texto completoFischer-Achoura, Eva. "Droits fondamentaux, Constitution et procédure civile en France et en Allemagne". Lyon 3, 2001. http://www.theses.fr/2001LYO33022.
Texto completoGatheron, Sandrine. "Les recours en interprétation en droit". Lyon 3, 2002. http://www.theses.fr/2002LYO33016.
Texto completoDuval, Philippe. "La genèse du code de procédure civile de 1806 : à la frontière du droit et du politique". Montpellier 1, 2007. http://www.theses.fr/2007MON10011.
Texto completoMenétrey, Séverine. "L'amicus curiae vers un principe de droit international procédural ?" Paris 2, 2008. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D10.
Texto completoGuillermain, François. "La pluralité de défendeurs dans le litige international". Paris 10, 1986. http://www.theses.fr/1986PA100048.
Texto completoThe hypothesis of multiplicity of defendants raises a difficult problem of jurisdictional competence in international private law. The plaintiff will wish to centralize the dispute in front of one and only jurisdiction, when the defendants will want to be summoned in front of tribunals of their respective domiciles. The French international private law enacts a rule on plaintiff's behalf which may be nevertheless bounded to fail by contract or during the control of foreigner jurisdictional competence, i. E. During an exequatur process
Cornette, Fanny. "La notification internationale des actes". Rouen, 2011. http://www.theses.fr/2011ROUED003.
Texto completoRocheteau, Frédéric. "L'indivisibilité en droit judiciaire privé". Paris 1, 2002. http://www.theses.fr/2002PA010292.
Texto completoLambert-Wiber, Sophie. "Contribution du droit civil à une approche renouvelée de la charge de la preuve en droit fiscal". Rouen, 1996. http://www.theses.fr/1996ROUEL257.
Texto completoThe way the devolution of the burden of proof is usually presented in fiscal law, essentially puts in evidence the subject's particularism, and its resistance facing any systemization attempt. In effect, one cannot deny that the fiscal laws regulating the topic have an in-built origin, since the choice of the declarative system imposes that the tax payer's declarations benefit from the presumption of sincerity. However, the comparative study of the mechanisms of devolution of the burden of proof, both in fiscal and civil laws, uncovers numerous similarities. In fact, in both those domains, one cas assess the reality of a general principle of attribution relating to the onus of proof, found either in a text, the article 1315 of the civil code, or in a number of clauses in the fiscal proceedings book ("livre des procedures fiscales"), all covering this subject. But, in both cases, this attribution is only aimed at settling the risk of the proof, that is to say, designating the litigeant who will lose the suite, if a verdict is not reached. Furthermore, this question must be clearly separated from the obligation, which weighs on each party, to collaborate in the probatory effort. This obligation is specifically covered by the article 10 of the civil code. In fiscal dispute, the obligation results from the so-called mechanism of the dialectic of the proof administration. Finally, as far as procedure is concerned, it has to be assessed that both the fiscal judge and the legal judge have at their disposal inquisitorial powers, wich enable them to intervene directly in the search for elements of proof, and thus, to contribute to the consecration, in justice, of an objective conception of the truth
Mecarelli, Gabriele. "L' hypothèse d'un droit commun du procès : Réflexions sur le rapprochement international et européen de la procédure civile". Paris 2, 2002. http://www.theses.fr/2002PA020094.
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