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Le juge des libertés et de la détention
Description
:
« The Judge for freedom and detention » [Le juge des libertés et de la détention]. The oxymoron of its name reflects the ambivalence of this institution in criminal matters. Founded by the June 15, 2000 statute which reinforces the protection of presumption of innocence as well as the victims’ right ...
« The Judge for freedom and detention » [Le juge des libertés et de la détention]. The oxymoron of its name reflects the ambivalence of this institution in criminal matters. Founded by the June 15, 2000 statute which reinforces the protection of presumption of innocence as well as the victims’ rights, this magistrate originally imposed itself as the expected compromise between the necessity of a new control over custody and ties of the French to the institution of the investigating judge [juge d‟instruction]. Empowered with a central role in this matter, the judiciary judge must also intervene when various measures are considered, both during criminal investigations and other types of litigations, such as those depriving foreigners of their freedom, administrative search and seizures or hospitalization without consent. The succession of the sporadic modifications of its powers only confirms the flexible nature of its function to serve a never ending quest: the protection of civil liberties and the balance of the pre-trial. As the legislator hedges, the institution struggles to find its place within the criminal process. Yesterday dedicated to civil liberties, today to coercion. Whilst the institution seems to set the basis for a new perception of the pre-trial phase, the evolution of its role announces further transformations: to criminal justice, to the judiciary actors and finally, the preparation of a singular equation in the litigation process. The present paper offers to locate this magistrate within these evolutions as the embryonic plot of a “new era” in the pre-trial phase.
Keywords
:
Détention provisoire, Défense (procédure pénale), Juges d'instruction
Author
:
Le Monnier de Gouville Pauline
Date
:
2011
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Le juge des libertés et de la détention
Director
:
Rebut Didier
Publisher
:
Paris 2
Discipline
:
Droit
Theme
:
Law
Doctoral school
:
École doctorale de droit privé (Paris ; 1992-....)
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Les biens d'usage public en droit colombien
Description
:
Regulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the inter ...
Regulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce.
Keywords
:
Domaine public, Redevances d'usage, Occupation du domaine public, Droit, Biens collectifs
Author
:
Pimiento-Echeverri Julian-Andres
Date
:
2011
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Les biens d'usage public en droit colombien
Director
:
Gaudemet Yves
Publisher
:
Paris 2
Discipline
:
Droit public
Theme
:
Law
Doctoral school
:
École doctorale Georges Vedel Droit public interne, science administrative et science politique (Paris ; 1992-....)
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La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois
Description
:
The dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minori ...
The dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minority shareholders, and between the shareholders and the company or group of company. It is corporate profits and the principal of equality that direct legislators and judges to suggest applicable solutions.It is important to notify that in French law, legal provisions about the responsibility of majority shareholders or company leaders and the ways of resort of minority shareholders provide reference for improvement of Chinese law. Besides, the study of acquisition of chinese listed companies, looked from the angle of the protection of minority shareholders, very different from tender offer in French law, demonstrate the characteristics of Chinese stock market and deserve foreign investors’ enough attention.
Keywords
:
Actionnaires minoritaires, Actionnaires -- Droit de vote, Sociétés anonymes, Égalité devant la loi
Author
:
Li Xiaoshan
Date
:
2011
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La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois
Director
:
Germain Michel
Publisher
:
Paris 2
Discipline
:
Droit
Theme
:
Law
Doctoral school
:
École doctorale de droit privé (Paris ; 1992-....)
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Conventions réglementées et intérêt social en droit comparé (Liban, France, USA)
Description
:
The corporate interest is the main reason behind the regulation of related party transactions. Its limits are defined by similar interests and the personal interest embodied in these transactions. The inter-action of these conflicting interests may harm the company. The existence of a conflict and o ...
The corporate interest is the main reason behind the regulation of related party transactions. Its limits are defined by similar interests and the personal interest embodied in these transactions. The inter-action of these conflicting interests may harm the company. The existence of a conflict and of its justification may be presumed. The corporate interest is from now on that of the enterprise seen within its wide economic context and the interest of a group of companies is distinctively acknowledged. The qualification of those transactions helps identify those that are subject to scrutiny. The protection of the corporate interest is achieved by the prevention of the conflicts of interests through the disclosure of the personal interest. This disclosure triggers the concerned corporate bodies’ evaluation process. Legislative and jurisprudential guarantees ensure the predominance of the corporate interest through limitations on the exercise of certain rights and a strict judicial enforcement of legal duties laid on the interested party. The fraudulent transaction is void. The unauthorized one that is damaging to the company is voidable and its consequences are assumed by the interested party who may be exposed to civil and, sometimes, criminal liability. The comparison of the treatment of this subject in the Lebanese, French and American legal systems revealed the weaknesses in the first two; amendment proposals are made.
Keywords
:
Statuts, Conflits d'intérêts, Nullité (droit)
Author
:
Zreik Saba
Date
:
2011
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Conventions réglementées et intérêt social en droit comparé (Liban, France, USA)
Director
:
Merle Philippe, Chemaly Richard
Publisher
:
Paris 2, Université Saint-Joseph (Beyrouth). Faculté de droit
Discipline
:
Droit
Theme
:
Law
Doctoral school
:
École doctorale de droit international, droit européen, relations internationales et droit comparé (Paris ; 1992-....)
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L'indépendance des autorités de concurrence, analyse comparative, Colombie, France, Etats-Unis
Description
:
Although Competition Agencies‘ independence is commonly explained through the necessity of objective expert decision-making, such necessity is not sufficient to legitimize their isolation from the government. Absent of democratic foundations and in apparent contradiction with the principle of Separa ...
Although Competition Agencies‘ independence is commonly explained through the necessity of objective expert decision-making, such necessity is not sufficient to legitimize their isolation from the government. Absent of democratic foundations and in apparent contradiction with the principle of Separation of Powers, "Independent" Competition Agencies attain their legitimacy from the conjunction of multiple institutional guarantees, control mechanisms and procedures, none of which may overshadow the others. Any effort to determine the role that the idea of independence plays in the institutional design of Colombian competition agencies requires an examination of these guarantees and mechanisms, as well as a comparison of their status to that of French and American agencies; whose institutional arrangement has influenced the constitution of Colombian authorities. Whilst the components of the independence vary in every analyzed jurisdiction (as there is not a unique institutional scheme of ―Independent‖ Agency), this study reveals that certain institutional guarantees recognized to agencies in France and in the United States, which grant them vast discretionary decision-making power, are not present in the specific case of Colombian agencies. Assuring a higher level of independence for Colombian competition authorities, by conferring them some of these guarantees, lean on a simultaneous effort to reinforce control mechanisms, procedures and instruments for citizen participation in the regulatory process. The construction of the independence of Competition Agencies – in both its organizational and functional dimensions – commands the design of institutional constraints. Maintaining a balance over these constraints to agency discretion not only constitutes a source of legitimacy, but equally becomes an effective means to safeguard their independence from external factors.
Keywords
:
Autorités administratives indépendantes, Indépendance judiciaire, Concurrence déloyale
Author
:
Zarate Pérez Anibal Rafael
Date
:
2011
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L'indépendance des autorités de concurrence, analyse comparative, Colombie, France, Etats-Unis
Director
:
Lombard Martine
Publisher
:
Paris 2
Discipline
:
Droit
Theme
:
Law
Doctoral school
:
École doctorale Georges Vedel Droit public interne, science administrative et science politique (Paris ; 1992-....)
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Trusts exprès privés anglo-américains, fidéicommis latino-américains et la fiducie française
Description
:
Anglo-American express private trusts, Latin-American fideicomiso and French fiducia”. Common Law trusts (English, American and Cook Islands) co-exist with civil law domestic trusts (Argentinean, Bolivian and Panamanian fideicomiso and French fiducia). They belong to the Common Law and continental l ...
Anglo-American express private trusts, Latin-American fideicomiso and French fiducia”. Common Law trusts (English, American and Cook Islands) co-exist with civil law domestic trusts (Argentinean, Bolivian and Panamanian fideicomiso and French fiducia). They belong to the Common Law and continental law families respectively and have different structures. Anglo-American express trusts are settled by a settlor (declaration, gift) or by a will that creates an equitable relationship between the trustee and the cestui, whereby both share legal and equitable interests on the trust property. Civil law trusts are settled by a contract between the settlor and the trustee and by a will. Thus, a civil law trust beneficiary has only personal remedies against a trustee in respect of breach of trust. Despite the structural differences, both types of trusts operate in similar ways, due to the transfer of property to the trustee and the separation of the trust property. Testamentary trusts also work in a similar way; forced heirship is an external element of both. Trust managing and investment techniques and practices are also similar: condition precedent and condition subsequent clauses and discretionary trusts and powers are common to both trust models. Separation of the trust property allows for the settlement of protective trusts, trusts for project financing, defeasance and securitization. French Mutual Funds are comparable to Unit Trusts. Both should give legal title to the trustee (custodian). External elements of French law, which do not exist in Anglo or Latin American trusts, restrain the normal operation and use of French fiducia. We propose to modify the fiducia, mutual and securitization funds law.
Keywords
:
Fiducie, Substitution (droit), Sociétés d'investissement
Author
:
Sanchez de Lozada Louis
Date
:
2012
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Trusts exprès privés anglo-américains, fidéicommis latino-américains et la fiducie française
Director
:
Goré Marie
Publisher
:
Paris 2
Discipline
:
Droit
Theme
:
Law
Doctoral school
:
École doctorale de droit international, droit européen, relations internationales et droit comparé (Paris ; 1992-....)
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Les objectifs du droit de la faillite en droit comparé : France, Etats-Unis, Angleterre, Espagne
Description
:
The objectives of bankruptcy law are varied and evolve over time and situation. Eradicating and punishing bad debtors and guaranteeing payment to creditors are traditional goals. Ensuring the survival of the company and preventing difficulties are modern goals. This diversity leads to a hierarchy of ...
The objectives of bankruptcy law are varied and evolve over time and situation. Eradicating and punishing bad debtors and guaranteeing payment to creditors are traditional goals. Ensuring the survival of the company and preventing difficulties are modern goals. This diversity leads to a hierarchy of objectives. A comparative study contrasts pro-debtor and pro-creditor systems according to the priority of their identified objectives. It shows that the objective of legislations tends towards the salvaging of companies. Federal US law, founded on the principle of fresh start, inspires laws in Europe. Economic analysis of law reiterates the question of the objectives of bankruptcy law from the perspective of an efficient legal standard, explaining this tendency. The search for procedural and substantial efficiency guides the European Commission in the promotion of a single market. Therefore, consensus on the objective of salvaging the company makes harmonization of the substantive rules at the European level possible. The revision of Regulation (EC) N°1346/2000 on insolvency proceedings confirms the general acceptance of the idea of a second chance. The opposition between pro-debtor and pro-creditor systems diminishes, giving way to a mixed system. Each law attempts to move towards the reconciliation of conflicting interests, leading to the displacement of the value of respect for the word towards the concept, more difficult to define, but which founds binding obligation: trust.
Keywords
:
Faillite, Faillite (droit européen), Entreprises en difficulté (droit), Droit -- Unification internationale
Author
:
Lhéritier Elise
Date
:
2014
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Les objectifs du droit de la faillite en droit comparé : France, Etats-Unis, Angleterre, Espagne
Director
:
Vogel Louis
Publisher
:
Paris 2
Discipline
:
Droit privé
Theme
:
Law
Doctoral school
:
École doctorale de droit international, droit européen, relations internationales et droit comparé (Paris ; 1992-....)
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La copropriété dans les immeubles bâtis : partage des bienfaits et des dommages - Etude comparative
Description
:
The co-ownership of buildings has a particular importance, given the fact that it is influenced by many factors. The socio-cultural factor of the composition of the Lebanese society and that of the problem of the displaced persons (DP) during the Lebanese war, occupy a considerable part in the study ...
The co-ownership of buildings has a particular importance, given the fact that it is influenced by many factors. The socio-cultural factor of the composition of the Lebanese society and that of the problem of the displaced persons (DP) during the Lebanese war, occupy a considerable part in the study of co-ownership. We note several problems that arise from the confusion between law and reality. The economic and real-estate expansion, since the end of the war, caused a large part of the Lebanese population to concentrate in large cities and their suburbs either for education or work. This concentration provoked an activity increase in the construction field. Diverse problems are encountered in this field, due to the absence of appropriate regulations on one hand, or due to divergences in the jurisprudence on the other hand. By taking into consideration all these factors, we attempt to find solutions to major problems, by referring, when the case arises, to the French laws and jurisprudence.
Keywords
:
Copropriété (logement) -- Droit
Author
:
Najem Melhem
Date
:
2014
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La copropriété dans les immeubles bâtis : partage des bienfaits et des dommages - Etude comparative
Director
:
Grimaldi Michel
Publisher
:
Paris 2
Discipline
:
Droit privé
Theme
:
Law
Doctoral school
:
École doctorale de droit privé (Paris ; 1992-....)
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https://docassascujas.u-paris2.fr/nuxeo/site/esupversions/37060908-9432-47b3-8e5a-7f11437d7325
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Les pouvoirs de l'employeur public en droit comparé franco-italien
Description
:
This research consists in a comparison between the legal instruments of human resource management in the French and Italian public service sector. The objective is to evaluate their efficacy and uncover the main problems linked to their implementation. In the Italian public service sector, the manag ...
This research consists in a comparison between the legal instruments of human resource management in the French and Italian public service sector. The objective is to evaluate their efficacy and uncover the main problems linked to their implementation. In the Italian public service sector, the manager is assimilated to the employer found in private firms. The link between the public servant and the administration is first regulated by a specific law, then by collective bargaining and labour law. In the French system, labour law isn’t applied to the public service sector. However, labour law has an influence on it, and vice versa. Collective bargaining doesn't have any formal rule because the civil servant must accept conditions imposed by the administration. Despite appearances, throughout their evolution the two systems seem to increasingly resemble each other, particularly in the realm of human resource management legal instruments, the use of temporary jobs and the rule of collective bargaining. It seems that flexibility in human resource management isn’t necessarily associated to the nature – public, private or mixed - of the link between the public servant and the administration. The choice between unilateralism and negotiation, administrative law and labour law doesn’t matter so much. Though French statute law is flexible, there are some political and administrative customs which are damaging. In both Italy and France, public administrations do not need to ignore - respectively - privatisation and statute law in order to become more effective. It seems that public administrations do not use all the possibilities offered by existing laws. They have to invest in human resources in order to transform office directors into real managers, rather than to continuously work on useless or damaging radical reforms.
Keywords
:
Emplois publics, Fonction publique
Author
:
Frugis Maurizio Raffaele
Date
:
2014
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Les pouvoirs de l'employeur public en droit comparé franco-italien
Director
:
Guglielmi Gilles J., Pileggi Antonio
Publisher
:
Paris 2, Universita degli studi di Roma "Tor Vergata". Dipartimento di diritto pubblico
Discipline
:
Droit public
Theme
:
Law
Doctoral school
:
École doctorale Georges Vedel Droit public interne, science administrative et science politique (Paris ; 1992-....)
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Les principes directeurs du droit des contrats : regards croisés sur les droits français, libanais, européen et international
Description
:
The comparison of the guiding principles of contract law in French, Lebanese, European and international laws reveals on one hand a convergence in terms of identifying the guiding principles of contract law and on the other hand a divergence interms of implementing these principles.The convergence a ...
The comparison of the guiding principles of contract law in French, Lebanese, European and international laws reveals on one hand a convergence in terms of identifying the guiding principles of contract law and on the other hand a divergence interms of implementing these principles.The convergence arises from the same principles - namely the principles of contractual freedom, contractual security and contractual “loyalty”2 - underlying the general theory of contracts in all three laws. This convergence is due to two mainfactors: firstly, a logical factor that is the inductive reasoning that allows extracting the guiding principles of contract law, and, secondly, a political factor based on the similarity of the general objectives of contract law in the three laws. As for the divergence in terms of guiding principles implementation, it is revealed through reinforcing in European and international laws, the guiding principles of contractual freedom and contractual “loyalty” as well as the adjustment of the guiding principle of contractual security. This divergence could be explained by the existence of specific needs of international trade. However, it should rather be related to the influence of foreign national laws different from French and Lebanese laws.
Keywords
:
Contrats, Contrats (droit européen), Sécurité juridique, Liberté contractuelle, Bonne foi (droit), Droit international privé -- Contrats
Author
:
Khoriaty Rita
Date
:
2011
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Les principes directeurs du droit des contrats : regards croisés sur les droits français, libanais, européen et international
Director
:
Mazeaud Denis, Chemaly Richard
Publisher
:
Paris 2
Discipline
:
Droit
Theme
:
Law
Doctoral school
:
École doctorale de droit privé (Paris ; 1992-....)
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