Toulouse 1 Capitole Publications
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L'intention de s'associer, obstacle au sauvetage des intérêts financiers d'une concubine (note sous Cass Civ 1ère 12 mai 2021, n° 19-10.667)
No full textLa proposition e-evidence : révélatrice des limites de l'émergence d'une procédure pénale européenne ou compromis nécessaire ?
No full textThe volatile nature of electronic evidences has compelled the Commission to launch a specific instrument on access to electronic evidence in cross-border investigations. Therefore, the purpose of this study is to comment on the e-evidence proposal which is currently being discussed between European institutions. Although the chosen method is classic, the subject matter is entirely new. Despite the existence of numerous European laws on the subject, the need for a new instru- ment is entirely explained by the unstable nature of electronic data. If this Regulation is adopted, it should have the effect of overcoming the diversity of Member States’ criminal procedural laws. In other words, this instrument will be superimposed on heterogeneous internal regulations, to be exclusively applied in a transnational context. This unprecedented adoption could be the beginning of a genuine European Union criminal procedural law, independent of Member States ones
Pour un droit climatique justement acclimaté... ou la hantise de nommer vrai.
No full textL'embellie du droit climatique fait naître des questions fondamentales sur la place de la vérité juridique, et impose, pour son acclimatation, une méthode de nomination vraie
Essays in Industrial Organization
No full textLe résumé en français n'a pas été communiqué par l'auteur.Le résumé en anglais n'a pas été communiqué par l'auteur
Direct punishment and indirect reputation-based tactics to intervene against offences
No full textPunishment and reputation-based mechanisms play a major role in supporting the evolution of human cooperation. Theoretical accounts and field observations suggest that humans use multiple tactics to intervene against offences—including confrontation, gossip and ostracism—which have unique benefits and costs. Here, we draw a distinction between direct punishment tactics (i.e. physical and verbal confrontation) and indirect reputation-based tactics (i.e. gossip and ostracism). Based on this distinction, we sketch the common and unique social functions that different tactics are tailored to serve and describe information-processing mechanisms that potentially underlie decisions concerning how to intervene against offences. We propose that decision rules guiding direct and indirect tactics should weigh information about the benefits of changing others' behaviour versus the costs of potential retaliation. Based on a synthesis of existing evidence, we highlight the role of situational, relational and emotional factors in motivating distinct punishment tactics. We suggest that delineating between direct and indirect tactics can inform debates about the prevalence and functions of punishment and the reputational consequences of third-party intervention against offences. We emphasize the need to study how people use reputation-based tactics for partner recalibration and partner choice, within interdependent relationships and social networks, and in daily life situations
Articulation du droit des entreprises en difficulté avec le droit des sûretés (Ordonnance n° 2021-1193 du 15 septembre 2021, portant modification du livre VI du code de commerce)
No full textUncharted waters of justice enactment - Venturing into the social complexity of doing justice in organizations
No full textThis Special Issue on “Justice enactment - research on doing justice in organizations” was developed to address questions relating to the prerequisites and conditions for and processes and outcomes of doing and enacting justice in organizations. In this editorial, we briefly introduce the collection of the seven empirical papers included in this Special Issue, thereby providing an overview of the recent progress in the field. We also identify key aspects and gaps in the literature in order to guide future efforts to move the research in the field forward and to create more just workplaces
Small Satellite Constellations, Infrastructure Shift and Space Market Regulation
No full textWith the commissioning of the first constellations of hundreds or even thousands of small satellites, we are witnessing today an infrastructure shift. While it has not completely distanced the exploration and use of outer space from the dramatic geopolitical and military implications they once entailed for States, it is undoubtedly transforming this realm into a new economic frontier of competition, with its predominant players, this time being private profit-driven actors sensitive to market forces. As the exploitation of outer space becomes more economically viable, new commercial services should emerge through the deployment of SmallSat constellations and the provision of services by means thereof, creating a risk of increased dependency of the services consumed on earth on these newinfrastructures.
Therefore, new legal challenges pertaining to competition, foreign investment and the global economy as a whole do arise
