Contrat ou acte juridique ? : Étude à partir de la relation médicale

Abstract : Given the recent inclusion of notion of the ‘legal act’ in the French civil code, this thesis examines the implications of this development on the notion of ‘contract’. The thesis opens by demonstrating that the addition of the legal act to the contract is necessary. Indeed, a close study of the medical relationship shows that the contract has technical and psychosocial weaknesses which make it impossible to use in some cases. It is thus necessary to have another tool at one’s disposal besides the contract : the legal act. In order to enable the legal act to be effective to this end, it is necessary to reinforce this concept analytically by defining it more precisely and by identifying those properties it holds without reference to the properties of the contract. In this work, a ‘legal act’ is eventually defined as an act acknowledged in a legal system as creating norms. Several properties of this concept have been updated mises à jour ? ; in particular it is shown that norms created by a legal act have independent conditions of validity. This can be seen firstly by the requirement of a flawless will on the part of the author of the act, and secondly by the requirement of the lawfulness of their motives. Although these properties were taken from contract law, it is shown that they could apply to all legal acts, from victim’s consent in criminal law, to marriage, court decisions, administrative acts and parliamentary law.
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Submitted on : Tuesday, November 13, 2018 - 11:48:06 AM
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Benjamin Moron-Puech. Contrat ou acte juridique ? : Étude à partir de la relation médicale. Droit. Université Panthéon-Assas (Paris II) - Laboratoire de droit civil, 2016. Français. ⟨tel-01384293v5⟩

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