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La sécurisation des permis de construire contre les recours abusifs

Abstract : The present dissertation is interested in the systematization of the threats of construction authorizations cancellation. This discussion examines the reality of overuses of the right of individual recourse in order to examine issues which could enhance the legal certainty of construction authorizations. The rapid growth of the overused recourses number leads to the manipulation of the law and of the judge. This transforms the courtroom in an odd market where the judge is the tool of a bad regulation. The result is significant. The reason for that is very simple: litigation is quite expensive and amicable settlements too. However, regulatory measures exist but they are not effective. The 2013 reform brought several innovative changes. Optimism leads us to believe these changes will be effective. But a more pessimistic viewpoint leads to highlight the other solutions. Hence, the purpose of this thesis work is to analyze the obstacles and limits of the existing tools which have led to insecure construction authorizations. Furthermore, it aims to analyze the relevance of existing legal instruments in urban planning law.
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Submitted on : Monday, October 16, 2017 - 11:28:23 AM
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  • HAL Id : tel-01617140, version 1


Déborah Boussemart. La sécurisation des permis de construire contre les recours abusifs. Droit. Université Sorbonne Paris Cité, 2015. Français. ⟨NNT : 2015USPCB124⟩. ⟨tel-01617140⟩



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