NCube/papyrus huggingface dataset:
La résolution du contrat de vente en droit OHADA : d’une réforme à l’autre

The Treaty on Harmonisation of Business Law in Africa signed on October 17th, 1993 created the Organisation for Harmonisation of Business law in Africa (OHBLA).OHBLA organises common rules on resolution of sales contracts. The Book VIII of the Uniform act on General Commercial Law adopted on December 15th, 2010 replaces the previous act of April 17th, 1997. According to article 281 of this uniform act, contract resolution only occurs when there is a partial or total non execution of one party’s obligation.  The present study is going to examine one of the difficulties that exist in the resolution of sales contracts in African business law. Our study will consist in evaluating the consequences of substitution of the substantial privation criteria by the seriousness of the debtor’s behaviour in OHBLA sales law. This substitution justifies a unilateral contract termination. This new OHBLA law position somehow distinguish itself from material uniform law and joins a new position socioeconomically more adapted to regional and even international business. Moreover, the prejudiced party will have to determine the gravity of the debtor’s behaviour risking to be punished for lack of motives and according damages to the other party. In fact, in order to save the contract by all means according to the favor contractus principle, how will the judge subsequently determine if the debtor’s behaviour gravity is enough to breach the contract? This new criterion of the gravity of a contracting party’s behaviour comes in replacement of the substantial privation criteria and enhances the cohabitation of the traditional judiciary termination and the unilateral cancellation which is still uncertainly defined. Cases related to contract resolution caused by non-execution of mandatory or accessory obligations in OHBLA law will be carefully examined as well as their effects on contracting parties. In a comparative approach with the Vienna Convention and private codifications such as UNIDROIT principles or European contract law, we will wonder about the use and the consequences of resolution of sales contract in OHBLA law caused by non-execution a mandatory obligation on one part and the gravity of one party’s behaviour on the other part.

Keyphrases: Commerce international, CVIM, UNIDROIT, Contract, Business law, Sales, Sales law, International sales, Commercial law, OHBLA, African law, International business, Resolution, CISG
Social Policy Reforms in Turkey : Uses of Europe

This dissertation analyses three major social policy reforms in Turkey in two policy domains: employment and social security. By adopting the Uses of Europe theoretical approach, it aims to analyze empirically and to explain theoretically the uses of Europe in two domains of social policy during the EU membership process in Turkey. Uses of Europe is an actor-centered approach to Europeanization that focuses on the role of national actors, in member and candidate states, and their use of EU resources. The case studies in this thesis involve welfare state changes. Thus the original approach is complemented by concepts from the welfare state literature on formal institutions, partisan politics and policy legacies.   This research uses a process-tracing methodology to follow the reform of labor regulations via the restructuring of individual labor rights, restructuring of the Turkish employment agency up through 2003 and the transformation of the social security system by 2008. Both represent major institutional and policy changes in the post-2001 period in Turkey. In order to understand the uses Europe in these policy reforms, the empirical analysis asks whether, where, and how Turkish actors were using EU resources, references and policy developments within the dynamic processes of reform.   The reforms of the social security system, labor regulation and the restructuring of the employment agency have been on the agenda in Turkey since the mid-1990’s. The reform of labor regulations involved the introduction of flexible work arrangements and job security legislation into a revised Labor Act. The restructuring of the employment agency aimed to replace the old institution that had become defunct with a modern institution oriented towards active labor market policies. The social security reform comprising pension, healthcare and administrative components aimed to ensure financial sustainability and increase the coverage of the system.   The main findings were that the supply of EU resources in Turkey increased from the recognition of its candidate status in 1999 to the launch of accession negotiations in 2005.  This supply offered opportunities for national actors involved in the reform processes, via legitimizing uses of Europe, obfuscation and credit claiming, among other practices. However in contrast to some of the expectations of the original Uses of Europe approach, the findings of this research demonstrate that the type and timing of uses of Europe depend on the national actors’ interests and coalition-building strategies in the reform process rather than on the stage of the reform process or amount of resources supplied by the European Union.

Keyphrases: Uses of Europe, Social Policy Reforms, Europeanization, Turkey, Welfare State
Vers une musique autogérée :  (in)compatibilités, réseaux, intuition et processus

« Towards an autoregulated music » is a look on my works of the past three years: a string quartet, a quartet for bass flute, baritone saxophone, percussion and piano, a work for female voice and twelve musicians and a piece for silent piano and real time electronics, the most thorough chapter. Throughout this study, we’ll examine the notions that inspire me, every piece’s starting points and the means applied to take every idea to its full potential. We’ll talk about the tandem « intuition – process » and how it’s expressed every time in a different way, the networks that exist in the music, we’ll approach the ever-present concept of incompatibility and the relations it allows, and we’ll follow the gradual evolution of the writing towards a music that calls itself « autoregulated », considering how this term is expressed, in different contexts.

Keyphrases: intuition, distraction, interaction, Incompatibility, process, network, autoregulated
Histoire formelle du jeu d’aventure sur ordinateur (le cas de l’Amérique du Nord de 1976-1999)

This dissertation examines the formal evolution of adventure games from 1976 to 1999. It aims at understanding the genre’s emergence, its institution and transformations. The research is based on the parallel analysis of computer game magazine discourse and a large corpus of games. One of its main theses is that adventure games’ generic identity is founded on a relatively stable gameplay experience despite important formal variations. This experience is maintained by the reproduction of a general game design architecture initiated by Adventure in 1977. Specific historical models of the adventure game are the product of a negociation between developers’ efforts to adapt to changes in computer game ecology and the resistance of an established ludic architecture.  In the first chapter, the research project is justified considering the current state of knowledge pertaining to digital game history in general and adventure games in particular. The theoretical framework, methodology and source materials are also detailed. The second chapter offers a fresh look at Crowther and Woods’Adventure (1976; 1977) in terms of the network of cultural practices in which it was developed. This analysis helps mapping the outlines of the game’s videoludic architecture. The third chapter describes the genre’s « narrative turn » taking place in the early 1980s. It describes the various historical factors pushing the genre as a narrative vehicle by embedding structured pre-written stories. The context of adventure games’ transition from a textual to a visual representation – and its experiential consequences – is the subject of the fourth chapter on the genre’s « graphical turn ». The « ergonomical turn » described in the fifth chapter relates the institution of the « point & click » model to contemporary advances in human-computer interaction as well as to the maturation of video game design as an autonomous practice. The last chapter gives an account of adventure games’ heyday on the onset of the multimedia revolution through the interactive film and “Myst-like” forms, followed by the slowdown – or even standstill – of its formal evolution.

Keyphrases: genre, design, Adventure game, video game, history, computing, Ludic architecture, aesthetic, experience
Optimisation de l’administration des médicaments chez les enfants transplantés grâce à la pharmacocinétique de population

This thesis deals with the application of population pharmacokinetics in order to optimize the use of certain medications in immunocompromised children undergoing transplantation. Among the various drugs used in immunocompromised children, the use of busulfan, tacrolimus and voriconazole remains problematic, particularly because of high interindividual variability in their pharmacokinetics necessitating individualized doses based on therapeutic drug monitoring. In addition, these drugs have not been studied in children and the doses are adapted from adults. This practice does not take into account the pharmacological characteristics of pediatrics throughout their development and makes illusory the extrapolation of data acquired in adults to children. The work done in this thesis studied sequentially the pharmacokinetics of busulfan, voriconazole and tacrolimus by a population approach (non-linear mixed effects models). The developed models have identified the main sources of interindividual variability in the pharmacokinetic parameters of these drugs. The identified covariates are body surface area and weight. These results confirm the importance of taking into account the effect of growth in children. These parameters were allometrically included in the models. This approach allows separating the effect of size from other covariates and enables the comparison of pediatric pharmacokinetic parameters with those of adults. The inclusion of these explanatory covariates should improve the management a priori of patients. The developed models were evaluated to confirm their stability, performance, and their ability to answer the original objectives of modeling. In the case of busulfan, the validated model was used to simulate dosing regimens that improve reaching the target exposure, reduce treatment failure and toxicity episodes. The developed population pharmacokinetic model for voriconazole confirmed the large variability in its pharmacokinetics in immunocompromised children. The limited data did not allow identification of covariates explaining this variability. Based on the population pharmacokinetic model of tacrolimus, a Bayesian estimator was developed, which is the first in this population of pediatric liver transplant recipients. This estimator can predict pharmacokinetic parameters and individual exposure to tacrolimus based on a limited number of samples. In conclusion, this thesis allowed applying the population pharmacokinetics approach in pediatrics to explore the characteristics of this population and describe the pharmacokinetic variability of drugs used in immunocompromised children, for the individualization of treatment. Pharmacokinetic tools developed are part of efforts to decrease the rate of treatment failure and the incidence of adverse and toxic events in immunocompromised and transplanted pediatrics.

Keyphrases: NONMEM, Transplantation, Busulfan, Tacrolimus, Voriconazole, Population pharmacokinetics, Pediatric, Bayesian estimator
Les comportements d’attachement des enfants victimes d’aliénation parentale

Situations involving parental alienation being increasingly reported in a protection context, this study is an attempt to explore the dynamics between a child’s attachment behavior and the presence of parental alienation in their home environment. It examines the situation of three children monitored by the Montréal Youth Center – University Institute, due to psychological abuse in contexts involving serious parental conflicts. This case study also tests the notion of parental alienation and the theories underlying it, which are still debated today. A picture of emotional security was painted using the assessment grid for the indices of emotional security in preschool and school-age children, with a view to improving psychosocial case management services for these children.

Keyphrases: Intervention, Parental alienation, Attachment, Emotional security, Youth protection, Children
Un regard incontournable sur les conflits d’intérêts dans la pratique médicale

In his book: Conflicts of Interest and the Future of Medicine: The United States, France and Japan, Mark A. Rodwin discusses the conflicts of interest (COI) of physicians by comparing the healthcare systems of these three countries. His insightful analysis allows him to propose possible solutions applicable to major COI situations encountered in medical practice.

Keyphrases: Rodwin, conflict of interest, medical practice, professional judgement, public health
Histoires possibles et impossibles ; suivi de Le narrateur dans le texte fantastique

Six short stories, which can be grouped into one long story, provide different styles for the narrator: a third-person narrative, an ‘’I’’ narrative, a ‘’we’’ narrative, and a ‘’you’’ narrative. This particular text is a reflection about the act of creating as a progressive construction as well as a reflection on the effects of narration. As a concrete proof, the last part is identical to the first one, but having the whole story in mind gives the same text a different meaning. The fantastic mood emerges with the reader’s hesitation of how to interpret the facts that are presented to him. Globally, this text plays with the instances that provide a literary text and the ones that receive it.  The narrative in a fantastic text is very important, and has to create tension in the reader, who will not be able to explain certain aspects of the story. Often, the plot is told in the first person, hence merging the narrator with a character, thus creating a double personality. We try to shine the light on the role of the narrator in a fantastic text by analyzing how the plot unravels and which narrative methods are used in three short stories: La Vénus d’Ille (Mérimée), Apparition (Maupassant), and Ligeia (Poe).

Keyphrases: Mérimée, Maupassant, Poe, XIXe siècle, Narrative, Nineteen, Creative, Writing, Metatext, Fantastic, Voice, Narrator
Facteurs de risque d´introduction et diagnostic de Mycobacterium avium ssp. paratuberculosis

Mycobacterium avium ssp. paratuberculosis (MAP) is the causative agent of paratuberculosis an enteric, chronic and incurable disease of ruminants, with a major economic impact. A better understanding of the risk factors associated with the introduction of the disease in a herd, is essential for its prevention. Improving diagnostic tests are also important for the control.    The introduction of new animals into the herd and the presence and contact of wild and domestic species with cattle, appear to be a risk factor for disease introduction. We conducted a systematic review to obtain relevant information to answer the question about the importance and impact of these factors on the introduction of the disease into a herd.  On the other hand, the detection of MAP in feces by bacterial culture remains the diagnostic method of choice despite of the factors that can affect it. A series of 3 steps are required to confirm the presence of MAP: (1) culture (2) acid fast stain (3) MAP confirmation by PCR (if detected in step 2). Some fecal samples exhibit a particularity due to their normal heavy load of micro-organisms. These contaminants can interfere with the growth and detection of MAP. A study to: a) assess the impact of some covariables on the culture results by a retrospective analysis of a databank and b) to evaluate the possibility to optimize MAP diagnostic process by performing a PCR analysis on cultures declared as contaminated was realized.

Keyphrases: Contamination, Transmission, Diagnostic, Culture, Pcr, Paratuberculosis, Contamination, Transmission, Prevention, Diagnosis
Memoria cultural e histórica afrocolombiana en La Trilogía de Urabá de Marta Rodríguez y Fernando Restrepo

In this master's thesis we examine a trilogy of documentary films entitled: La Trilogía de Urabá  by Colombian filmmakers Marta Rodriguez and Fernando Restrepo, and consider how “memory” is developed in these documentaries through testimonies and cultural practices such as sung chronicles, drawing and dance. In this trilogy, memory appears as a mechanism of resistance against widespread violence suffered by millions during the armed conflict in Colombia, a period in which civilians were massacred and forced to abandon their lands. Our analysis highlights the role of Afro-Colombian women in the construction of historical and cultural memory, and displays how their testimonies constitute acts of resistance against violence. In addition, this thesis shows how La Trilogía de Urabá inscribes cultural memory into the collective Colombian historical memory.

Keyphrases: Mémoire culturelle afro-colombienne, Colombian documentary films, Afro-colombian cultural memory, Colombian historical memory, Afro-colombian women, Armed conflict, Forced displacement, Uprooting
Quand les adolescents vont au musée : une étude de la médiation au Musée des beaux-arts de Montréal

The study presented in this thesis focuses on the visiting process of teenagers from 14 to 16 years old at the Montreal Museum of Fine Arts. I am principally drawing on concepts of “mediators” and “mediations”, following the definition given by Hennion (1988, 2000). Indeed, Hennion suggests that mediation should not be seen as a bridge between two entities, which is the common vision of mediation, but rather as a process under construction. Thus, the mediator is an element that will capture the young visitor's attention and mediation is the action that will develop in this mediator-visitor relationship. The analysis more specifically aims to identify the mediators acting during this visit and to understand the mediations that get constituted.  This study was conducted with six teenagers between 14 and 16 years old. A first interview enabled me to become acquainted with the background of the young visitors regarding museums, and to understand in which conditions they were going to the exhibit. An observation, done in binomial groups, was then carried out during Once upon a time Impressionism. A story of impressionism: great French paintings from the Clark, the exhibit held at the Montreal Museum of Fine Arts. These observations allowed me to spot the moments that attracted the teenagers' attention during the visit. Finally, a second interview gave the opportunity to go over their visiting experience and to bring out the mediations that occurred.  On the basis of this fieldwork, this thesis foregrounds a set of mediators (the other visitors, the environment, the works and stories) and mediations (dreaming, understanding, planning, admiring, comparing and refusing) that teenagers have developed. Following this, the thesis offers an explanation of the visiting process as analyzed with these teenagers through the representation of the “shell spiral''. This representation emphasizes the fact that the visiting process is not a linear phenomenon, but is created through the confrontation of the teenager's background with his new visiting experience. It is thus a circular process that relies on the teenager's background to progressively build new strata that will condition his future museum experiences.

Keyphrases: Mediation, Mediator, Teenagers, Museum, Visitor
Criminal achievement and offender self-efficacy

The study of success in crime has been primarily restricted to a single objective indicator: earnings. While there is broad cultural agreement that money is a central component of career success, it is unlikely that earnings are the sole factor equated with achievement. Understanding how offenders subjectively define success for themselves might prove informative in understanding criminal career outcomes such as persistence and desistance. Self-efficacy – the belief that one can successfully perform a behavior leading to desired types of performance – has been shown to predict various legitimate occupational outcomes. Drawing from the self-efficacy and social cognitive career theories, this thesis explores how criminal self-efficacy beliefs are formed. It is argued that factors akin to the ones leading to the development of legitimate self-efficacy also serve as a basis for perceptions of success in crime. More specifically, it is hypothesized that criminal self-efficacy is forged as offenders interpret information from four experiential sources: personal performance accomplishments, vicarious learning, social persuasion, and physiological states and reactions. Because cognitive self-appraisals are not formed in a vacuum, it is also argued that individual and environmental characteristics exert a significant impact on the development of criminal self-efficacy. Based on interviews with 212 incarcerated offenders, our results suggest that criminal self-efficacy is complexly built from individual and environmental characteristics, as well as from personal experiences with crime. The potential repercussion of these findings on the understanding of criminal persistence and desistance are discussed.

Keyphrases: Criminologie, Criminology, Self-efficacy, Offenders' cognitive appraisals, Persistence, Desistance, Human agency
Le cinéma d'animation : avènement d'une institution et naissance d'une industrie

This dissertation focuses on the institutionalization and industrialization of drawn animation. Animated cartoons are usually seen as being quite different from live action films. They were modelled on traditions found in the realm of magic lantern, opitcal toys, phantasmagoria and comics. Yet, cartoons were fundamentally filmic by nature. Technically and aesthetically, animated films were considered as a category of trick films. In the 1910s, after the pioneering work of Emile Cohl, James Stuart Blackton and Winsor McCay, who were also famous for their work as cartoonists and lightning sketch artists, the nascent industry of animated cartoons recruited talent from the comic strip and the illustration industries, including John Randolph Bray, Earl Hurd, Paul Terry and, later, Max Fleischer. The institutionalization of animated cartoons — that is, the process through which cartoons gained enough visibility so they could be legitimately considered a new category of films — is the result of their industrialization. Animated cartoons studios developed techniques and work management practices that were specific to their needs. While largely dependent on the moving picture industry, animated cartoons created their own niche. This phenomenon of individuation relied heavily on narrative formulas and recurring characters modelled after famous comics of the 1910s.

Keyphrases: Cartoon, Drawn animation, Industrie, Industry, Institution, Trick films, Comics, Comic strip, Attraction, Hegemony