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Le principe d’égalité homme-femme. Analyse critique de l’influence du système juridique français sur le système juridique tunisien

Abstract : The principle of equality between men and women has been the subject of several studies to date. The one that will be read proposes to study the influence of the French legal system on that of Tunisia.1 - The degree of influence of the French system on the Tunisian system is real, it leads to a divergence of positions and content of the law and thus reveals the existence of conflicting relationships between the systems. Thus, whether positive or negative, the formulation of the principle of equality between men and women remains ambiguous. Moreover, this principle must also be embodied. Yet, how can French and Tunisian positive law embody this principle when it does not enshrine specific provisions formally defining it? The latter can be presented as a component of the principle of equality. A priori, the Tunisian and French legal systems only proclaim this right by attributing to it, each time, a particular field of application.2 - It is to take into account this complexity and these inadequacies on both sides, coming from history, that we have chosen a critical method, of structuralist inspiration. This choice is explained by several overlapping reasons. In fact, several dimensions of the analysis of the influence of the French system on that of Tunisia. The equivocal nature of the principle led us to call upon structural analysis to better grasp the specific nature of this relationship of influence, temporarily disregarding political data, and then introducing them, in a detailed manner, in the framework of the analysis. Abstract to better understand. Structuralism has also emerged as a guarantee of the (relative) scientific objectivity of research: it allows, like a bulwark, the study of functions and the identification of invariants in the societies studied. Thus, the critical analysis of determinants makes it possible to understand a society in the present moment. The analysis of material, economic and social factors shows that in this interweaving of data, culture in the broad sense, including religion and law, plays a central role: it is both an obstacle and a lever for the realization of the principle of gender equality.
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Submitted on : Wednesday, March 9, 2022 - 1:01:09 AM
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Assia Jamai. Le principe d’égalité homme-femme. Analyse critique de l’influence du système juridique français sur le système juridique tunisien. Droit. Université Côte d'Azur, 2021. Français. ⟨NNT : 2021COAZ0001⟩. ⟨tel-03602268⟩

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