The responsibility of parents to their children from the 16th to the 19th Centuries

The history of parents' liability between the XVIth and the XIXth century is the history of the progressive acceptance of this institution during the three centuries that preceded the French Revolution, its official recognition by the civil Code in 1804 and its further denial towards the end of the XIXth century.Criminal law, which has served as a basis for the civil liability regime, has long been an obstacle to admit parents' liability for a damage committed by their children.

Implicit powers in French administrative law

Broadly defined, implicit powers are powers that the judge deduces by interpreting the text of an express provision beyond the very meaning of the terms. The link between the power and the text from which it is deduced may vary: the power can be admitted on the basis of a specific provision or can derive from an extended view of the remit of the authority which receives this power. However, the same reasoning is at work in each case: we must presume that the author intended that his text shall fully take effect.

Security interests under Chinese law and French law: a study in comparative law

During the same period, a reform of security law had completed in France, while the Chinese real rights law which has renovated security rights in rem was about to be promulgated in China. This thesis, based on Chinese law and drawing upon a comprehensive study of laws and administrative regulations on the subject, reveals the differences between Chinese and French law and analyze their cause and effect behind similar terms and notions.

The judge and the employment contract, an essay on the legal proofreading of a contract

According to article 5 of the French civil code, the judges cannot « decide through the mean of general and statutory rules on the causes they are submitted with ». Article 1134 al.1 of the same civil code provides for the principle of the binding effect of the contract. Yet, the jurisprudence of the labor chamber of the French High Court (Cour de cassation) is normative ; its interference in the labor contract is obvious. Unbalanced, subject to a specific public order, source of conflict of rights and freedoms, the labor contract has certain particularities.

The rules of heritage and inheritance law in the Lower Egyptian Era and the Ptolemaic period (664-30 BC)

The present work concerns a particular period of Pharaonic Egypt, marked by the appearance of a new cursive writing - the demotic writing - transcribing a more recent state of the Egyptian language, and a loss of political independence.Among the available legal documentation, numerous texts concerned the rules of patrimonial law and their modes of transmission: theoretical texts (such as the Legal Code of Hermopolis), but also, and in larger numbers, the application documentation of these legal rules and the court orders relating to it, and literary texts which give us another view of the f

Exposure to occupational health risks (severity of working conditions)

As for any living being, people develop their personalities and evolve by interacting with their environment. Gainful employment constitutes a determining factor of this interaction since, being a source of fulfilment but also of stress, it can have an enduring effect on the physical and mental health of an individual. The pathogenic nature of work is legally acknowledged through concepts of professional hazards and, more recently, of difficult working conditions.

Ethics committees in comparative law - through the lens of Latin America

The organizations and authoritative entities specialized in evaluating the ethical issues raised by recent developments in the life sciences take on extremely diverse denominations and forms such as commissions, committees, and boards that all form a complex nebulous. Research focusing on differentiating these bodies is very rich. Various attempts at categorizing these organizations agree on the existence of two main types of ethics committees, hospital ethics committees, and biomedical research ethics committees.

The contractual nature of medical civil liability. A comparative study of Franco-Chilean law

The contractual nature of the medical liability had no the same interest in Chilean law that French law. However, the increasing privatization of health and the phenomenon of contracting activity for Chilean takes us a deal to make a further study to determinate the contours from the French law. The main problem was that the applicants have escaped the contractual liability and mainly because of the problem of overlapping responsibilities.

Contractualisation and the civil service

This research consists in a study about the most appropriate status for civils servants and more generally, people who work for public utilities.  It appears that it is a twofold question: first, it might be possible that every worker could have the same status created by a contract or an administrative decision. Secondly, an other system could be enacted, the coexistence of a special status for some of them, and a contract for the others. If this second option is chosen, the question is which kind of harmonisation between the status and the contract.

The judge and the rescue of the company under OHADA (Organisation for the Harmonisation of the law of Affairs) law and in French law: A comparative study

The Uniform Act organizing collective proceedings for discharge of liabilities, adopted on 10 April 1998 in Libreville and entered into force on 1 January 1998 came harmonize the insolvency law in the Member countries of the Organization for the Harmonization of the law of Affairs (OHADA). Indeed, these countries were up there, in material, with inadequate texts dating from the colonial era.