The protection of fiduciary property-trust fund. A comparative study: French and English law

The constitution of a fiducie-trust has the effect of creating a patrimoine fiduciaire-trust fund. Because the beneficiaries obtain their benefits from the patrimoine fiduciaire-trust fund it has to be in a condition that permits them to obtain those benefits. Hence the importance of having adequate means to protect the patrimoine fiduciaire-trust fund.   The protection of the patrimoine fiduciaire-trust fund starts by preventing it from being harmed.

The law according to music

This thesis, the subject of which is Rights and law in according to music is in response to Mr CARBONNIER's Précis de sociologie juridique (Précis of legal Sociology) in which the writer suggest doing a research about the rights and law's representation in music.The aim of this thesis, accordingly, is to enquire whether music does indeed involve rights and law - an associated legal phenomenon - and if so, what extent. In this context, all aspects covered by the terms rights and law are considered: the law, the judgement, the contract and the basis of authority - whether human or divine.

Consumer protection under private European international law

Consumer protection in European private international law is carried out through protective choice-of-law and jurisdiction rules which are specially designed for cross-border consumer contracts. These rules help balancing the bargaining power and make the professional bear the internationalization cost of consumer contract. With some improvements which should be brought to the existing rules, the method used in European private international law in matters relating to consumer contracts is generally satisfactory. On the other hand, its scope is too narrow.

The partisan legal order

The study of the nature of partisan juridical order leads to affirm that a political party constitutes a juridical order. To do so, one must first establish that the internal rules of parties meet the criteria established by existing doctrine to decide that the threshold for lawfulness has been met ; and then, within the perspective of juridical pluralism and based on the theory of institutions, one must demonstrate that a political party, as an institution, is a juridical order.

The abuse of arbitral law

The academic success of international arbitration in the last decades has not always been followed by the consequent development of concrete instrument for its practical applications. The concept of an arbitral legal order detached from national legal systems is defended by doctrine not so much as an useful instrument for practical case resolution, but firstly as a problem of raising a logic and coherent legal scheme.

Cross-border mergers of incorporated companies in the European Union: aspects of labour law

Cross-border mergers of incorporated companies do not only interest Company Law but also comprise important aspects of Labour & Employment Law. If the European Directive dated 26 October 2005 facilitates these transactions, the reference made to national legislation raises many difficulties in the absence of harmonized treatment of the social consequences of transactions. The questions raised by the implementation of workers' participation in management bodies of the company resulting from the transaction are an illustration.

Loss of a chance in administrative law

For several years, loss of chance has interested administrative judges and legal writing in public law. The former, who have widely developed its area in law of administrative liability, have changed the method of compensation of this instrument, by using the example of private law. The second has tried to identify the justifications of the use of loss of chance by using the uncertainty of prejudice and the one of causal relationship.

Cooperation between financial supervisors in the European Union

Nowadays, the cooperation among the financial supervisors in the European Union is a visible necessity. The progressive harmonisation of the legislations of the Member states, the establishment of the European passport in order to facilitate the free movement of actors within the Union, the national competence based on the principle of the country of origin, as well as the mutual recognition of the authorisation procedure and of the controls made necessary the cooperation among financial supervisors in Europe.

Precontractual liability, a comparative study of Columbian and French systems

Pre-contractual liability is derived from the transfer of the duty of the contracting parties to act in good faith from the contract performance phase to the contract formation phase. This transfer was carried out in Colombia by legislative action through the 1971 Commerce Code and in France, by jurisprudence. Nevertheless, the repressive nature of liability during contract formation is still interpreted as simply a reminiscence of delictual liability, at best, and as a marginal sanction for contractual liability, at worst.