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Literatura académica sobre el tema "Droit – Unification internationale – Pays de l'Union européenne"
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Artículos de revistas sobre el tema "Droit – Unification internationale – Pays de l'Union européenne"
Turgeon, Marlyne. "L'harmonisation du droit de l'insolvabilité transfrontalière en matière commerciale : tentatives, échecs et solutions pratiques". Les Cahiers de droit 38, n.º 1 (12 de abril de 2005): 167–229. http://dx.doi.org/10.7202/043435ar.
Texto completoMelcher, Martina. "Private International Law and Registered Relationships: An EU Perspective". European Review of Private Law 20, Issue 4 (1 de agosto de 2012): 1075–96. http://dx.doi.org/10.54648/erpl2012065.
Texto completoTesis sobre el tema "Droit – Unification internationale – Pays de l'Union européenne"
Abdou, Mehdi. "L'alignement du droit marocain du transport aérien et son volet sécuritaire sur le droit de l'Union européenne". Electronic Thesis or Diss., Normandie, 2017. http://www.theses.fr/2017NORMR153.
Texto completoInternational bilateral cooperation is based on normative cooperation. Most often, this is called harmonization or normative convergence. Yet today, a new form of cooperation is emerging in the context of the European Union - Third States relationship. This will be qualified as normative alignment. Indeed, this new concept aims beyond a convergence between legal systems. This is the new configuration of the Euro-Moroccan air link
Senkovic, Petra. "L'évolution de la responsabilité de l'État législateur sous l'influence du droit communautaire". Paris 1, 1998. http://www.theses.fr/1998PA010276.
Texto completoThe recent jurisprudence of the European court of justice which confirmed the principle of the state liability for the acts and omissions of the national legislature contrary to community law had the effect of a legal revolution with important consequences in the domestic as well as the community legal order. The principle that member states are obliged to make good damages caused to individuals by breaches of community law attributable to the state is inherent in the protection of the rights of individuals who rely on community law and there is no justification to exclude the national legislature from that principle. The extend and the impact of this jurisprudence go beyond the problematic of the liability of the legislator. The recognition of the principle of the state liability for breaches commited by the legislator highlighted the difficulties of the coexistence of community law rules with the particularities of national legal orders. In fact, the comparative summary of the French, English and German rules on liability shows that it is impossible to obtain the reparation for the legislator's breaches of community law while respecting national procedural rules and that the level of protection in those three member states is very different. The principle that member states are obliged to make good damages caused to individuals by breaches of community law by national legislature also reinforced the position of national judges and contributed to the decline of the legislative power of the national legislature. In order to preserve the coherence of the domestic legal systems while respecting the community law obligations of the member states, the changes are necessary
Nadaud, Marion. "La diversité des méthodes d'intégration juridique européenne dans le domaine du droit des contrats : étude de l'organisation d'un espace normatif européen du contrat". Toulouse 1, 2010. http://www.theses.fr/2010TOU10068.
Texto completoContract law represents a truly rich field of observation for the study of the various methods of European legal integration. Harmonization by way of directives was initially the leading intervention method for European Union law dealing with contract law. Since 2008, the Union's legal system has implemented overall measures to unify the rules for conflicting laws. The prevailing vision so far has been that of a European normative space for contract, defined as a regional legal entity based on horizontal links established between the national laws of each European country, as opposed to a single model for European contract law. This thesis seeks to cast light on how this normative space is organized. In terms of its internal structure, the normative space under study deals with the relationships between the legal systems of European Member States through a principle of normative competition. Grounded in freedom of choice, this normative competition provides both a way to deal with the various national systems for contracts and a way to progressively Europeanize contract law. European law moreover sets out to regulate the intensity of such competition so as to protect the weaker party while preserving the internal coherence of the normative space. In addition, the latter strives to delineate its outer contours. This study assesses how far into the international domain European law can be called upon based on spatial integration, and seeks to analyze the delicate relationships between European law and the legal systems of Member States as well as that of International Law. The critical issue in the external structuring of European space lies in finding a balance between a philosophy of identification and a philosophy of openness
Djemali, Karima. "L'insolvabilité internationale : évolution et prospective". Dijon, 2007. http://www.theses.fr/2007DIJOD005.
Texto completoThe treatment of cross-border insolvency has much improved since the adoption of the European Union Insolvency Regulation in 2000, of the OHADA Treaty in 1997 and the Model law on Cross-Border Insolvency in 1997. However, this international approach is, in one hand, limited by the scope of these conventions and in the other hand, concerns few numbers of countries. In fact, these instruments failed to create an international insolvency law. Territoriality and universality theories are not efficient and the harmonization of cross-border insolvency is not feasible. Then, in international cases involving groups of companies, judges have decided to cooperate by way of agreements in order to find an acceptable international solution for all parties and respecting states’ sovereignty. These agreements have come to be known as protocols and have enabled judges, lawyers, administrators, to produce a legal framework that is intended to facilitate the harmonization and the coordination of international proceedings despite the absence of treaties. These cross-border insolvency protocols represent a new approach of cross-border cooperation and an opportunity to promulgate universals and pragmatics solutions for future international insolvencies proceedings
Bauchy, Julie. "L'espace civil européen : d'une structure substantielle à une construction processuelle". Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10053.
Texto completoEurope of law is a reality. From economic liberties, freedoms of movement and human rights, now Europe is also developing in the field of civil law. Within the movement of Europeanization of Member States civil law, European judicial integration contributes to the construction of a European civil area. This observation leads to wonder about the structure of such area. While the actual trend is to promote a substantive structure, the procedural approach could also be explored, and even preferred. Classically, due to methodological issues, the European civil area construction is studied through approximation of substantive laws. However, the structure may not be entirely based on substance, especially since the area is constituted of different aggregated elements, which interact altogether. This study aims to analyse the European civil area also through European Union civil procedural law. Being in constant consolidation, the latter seems to be able to reveal the civil area as it allows to fulfil and to coordinate civil laws within the European judicial area
Glanert, Simone. "De la traductibilité du droit". Paris 1, 2009. http://www.theses.fr/2009PA010300.
Texto completoCaiola, Antonio. "L'émergence du principe de nécessité dans l'action normative pénale au niveau de l'Union européenne". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA027.
Texto completoThis thesis has as its purpose to demonstrate the appearance of the principle of necessity in the legislative action of the European Union in the field of criminal law. After a first part which concerns the general notion of necessity and the role of principles in the Union's legal order, the legal context of the EU Treaties is examined in the light of the principle of necessity. The analysis is made on the basis of the relevant provisions of the Treaties as well as on the basis of the legislative acts adopted by the Union's legislature and takes into account the criteria coming from the case law of the Court of Justice in criminal law related matters. A distinction is made between (i) the provisions concerning judicial cooperation in criminal matters and criminal proceedings (Article 82 TFEU), (ii) autonomous criminal law (Article 83(1) TFEU), and (iii) ancillary criminal law (Article 83(2) TFEU) of the European Union. A number of documents concerning the positions taken by some Institutions of the European Union are also analysed. In the final analysis, it is concluded that the principle of necessity appears in the Union's criminal law, also in the light of the evolution of the legislative work
Mohr, Pablo J. "L'harmonisation européenne du droit des contrats d'auteur : étude de droit comparé à partir des droits allemand, anglais, espagnol et français". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA019.
Texto completoThe objective of the present study is the comparative analysis of contract law relating to copyright in four legal systems of the European Union, which are German, English, Spanish and French law, and to analyse the resulting prospects of European harmonization on this subject. First, the similarities and specificities of the aforementioned legal systems will be explored on a certain number of fundamental issues of copyright contract law. Then, propositions of convergence will be formulated, which could provide a basis for discussions in the case of a possible European harmonization. The study considers aspects from copyright law, general contract law, property law, personality rights, fundamental rights, comparative law theory, as well as some European scientific projects
Magnier, Véronique. "Rapprochement des droits dans l'Union européenne et viabilité d'un droit commun des sociétés". Paris 2, 1997. http://www.theses.fr/1997PA020084.
Texto completoFurther 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
Contartese, Cristina. "La participation de l'union Européenne aux organisations internationales". Strasbourg, 2010. http://www.theses.fr/2010STRA4018.
Texto completoThe participation of the European Union (EU) to International Organizations (IOs) is an important result of its role in the international relations arena. However, in some cases, the participation of the EU to IOs displays several legal and political problems related to different elements, such as the rules of the IOs statutes or the internal institutional asset of the EU. The purpose of the analysis is to examine the participation of the EU within the IOs which deal with two issue areas: the Organizations for international peace and security; the Organizations which are part of the international monetary and financial system. This work has also examined the different typologies of the EU participation to IOs, such as exclusive, alternative participation and the status of observer. The final purpose, considering the hypothesis that a deeper EU cohesion within the IOs would strength the position of its Member States, has been to present a general picture in relation to the role of the EU on the international arena, and to understand whether the current institutional and political asset would let the EU act as a single international actor
Libros sobre el tema "Droit – Unification internationale – Pays de l'Union européenne"
Ulf, Maunsbach y Court of Justice of the European Communities, eds. EU private international law: An ECJ casebook. 2a ed. Groningen: Europa Law Publishing, 2012.
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