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L'interprétation du contrat au regard des droits fondamentaux

Abstract : The law of contracts has known for some years important changes, particularly the emergence of new sources like the fundamental rights of the European Convention on Human Rights. Their classic application in the vertical relations uniting the State to the individual knew an obvious continuation by the recognition of the horizontal effect of the text in internal law, implying their respect to the private relations.The interpretation of the contract, to determine the sense and the obligations which it contains, is the object of this thesis. The reading of the contractual act has to be done in accordance with the interpretation operated by the european judge of the European Convention. The interest of the thesis consists in advancing the evident confrontation which can appear between the contract (the autonomy of the will, the contractual freedom and the binding effect) and the protection of the fundamental rights. To which extent can these last ones influence the interpretation of a private contract?The study reveals the important role of the fundamental rights, and their respect dominate mostly. This influence is the fruit of a complementary approach of the european judge, who dictates, and of the internal judge, who receives the fundamental rights in the interpretation.This study - although some of its aspects seem still empirical - testifies of a perfectible influence of the fundamental rights, and improvements were envisaged at the internal and european level
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Submitted on : Monday, December 6, 2010 - 1:18:07 PM
Last modification on : Tuesday, January 14, 2020 - 10:38:03 AM
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  • HAL Id : tel-00543319, version 1



Clémentine Caumes. L'interprétation du contrat au regard des droits fondamentaux. Droit. Université d'Avignon, 2010. Français. ⟨NNT : 2010AVIG2021⟩. ⟨tel-00543319⟩



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