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Hiérarchie et séparation des pouvoirs dans les sociétés anonymes de type classique

Abstract : There is no legislation asserting that the limited company is governed according to the principles of hierarchy and separation of powers. It is the jurisprudence of the Motte ruling that establishes these principles modeled on a political democracy. The challenge is therefore to verity the application of these principles in classic limited companies. The presence of the principle of separation of powers seems to be associated with the presence of the principle of hierarchy. However, the relationship between the two principles is traditionally tumultuous. Nevertheless, it is hardly about a simple report. Indeed, the assertion according to which shareholders assembly occupies a sovereign position in the hierarchy does not resist for a long time to the analysis. The apparent peaceful coexistence between the principle of hierarchy and the principle of separation of powers is eroded when facing the market requirements. This market is an external actor to the limited company. However it intensely demonstrates that the rules governing the organization of power in the company imperfectly reflect the relationship between these principles. The different cases of these principles revealed the presence of strongly binding and paradoxical imbalances, even distortions, between the practice of these principles and what is required by the essence of their determinants. These findings are not opposed to the possibility of reaching consistency and harmony in the general operation of the limited company. However, the development of alternatives should not challenge the legitimate influence of the market. On the contrary, it is to enforce the economic role of the company. Thus, a primary objective of this thesis is to show that even though the principles of hierarchy and separation of powers are the founders of the companies operating principles, they nevertheless require a re-founding. The re-founding aims to determine the purpose of the principles, redefining the powers of the sovereign body, as well as streamlining the powers of the managing body. Finally, to resume the dialogue between the two bodies, their relationship should be relativized, incorporating the values of cooperation and conciliation in the culture of the company.
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Submitted on : Wednesday, January 20, 2016 - 3:55:46 PM
Last modification on : Sunday, January 19, 2020 - 6:38:32 PM
Long-term archiving on: : Thursday, April 21, 2016 - 11:10:05 AM


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  • HAL Id : tel-01259556, version 1



Nedra Abdelmoumen. Hiérarchie et séparation des pouvoirs dans les sociétés anonymes de type classique. Droit. Université Panthéon-Sorbonne - Paris I, 2013. Français. ⟨NNT : 2013PA010342⟩. ⟨tel-01259556⟩



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