Les conditions de la responsabilité contractuelle

Mustapha Mekki 한국민사법학회 2013 民事法學 Vol.65 No.-

En cette période de forte harmonisation entre les systèmes juridiques, auservice d’un « Grand » droit civil européen, le système juridique françaisfait souvent l’objet de débats en raison de sa forte singularité. Il existerait,dit-on, une french touch. Cette remarque est particulièrement vraie àl’analyse de la responsabilité contractuelle et de ses conditions. Cettesingularité des conditions de la responsabilité contractuelle du droit françaisen fait toute la force. Cette force, la responsabilité contractuelle la tient, en premier lieu, de laflexibilité de ses conditions de mise en oeuvre. Elle s’appuie sur unecertaine élasticité des contours du contrat, au sens de porosité de sescontours et de densité de son contenu. Elle s’appuie également sur uneintensité variable des obligations allant de l’obligation de moyens allégée àl’obligation de résultat renforcée en passant par diverses intensités. La force de la responsabilité contractuelle vient, en deuxième lieu, de laflexibilité de ses conditions d’exonération. Ces causes d’exonération peuventêtre prévues par les parties en accordant une place centrale à la libertécontractuelle dans le respect de la force obligatoire du contrat. Ces causespeuvent également ne pas être prévues par les parties et renvoient auxcas d’exonération totale ou partielle de responsabilité. La responsabilité contractuelle est un vrai concept. La flexibilité de sesconditions de mise en oeuvre et d’exonération justifie qu’elle coexiste avecla responsabilité extracontractuelle. Son avenir dépend cependant du maintien d’un juste équilibre. L’équation idéale serait la suivante :indemniser dans le respect raisonnable de l’attente légitime des parties etdans le respect de la force obligatoire du contrat.

Damage Potential and Vulnerability Functions of Strategic buildings in the City of Algiers

Mustapha Remki,Djillali Benouar 대한토목학회 2014 KSCE JOURNAL OF CIVIL ENGINEERING Vol.18 No.6

The estimation of losses resulting from an earthquake requires that for each building class, the relationship between the intensity ofground shaking and damage degree must be known or developed. Potential earthquake damage to structures, human beings andpersonal property have been the scope of numerous studies. Different approaches have been employed so far to estimate earthquakecasualties and damage. This paper describe the basic concept for development of analytical vulnerability functions based essentiallyon so called damage model which was performed from probabilistic studies on seismic capacity of existing buildings in the city ofAlgiers (Algeria). Regarding the developed model for assessing the seismic damage, vulnerability functions of specific losses(potential losses for a specific urban area in terms of meter square area of building slabs which may involve causalities) weredeveloped in order to predict the expected seismic risk for a given ground motion scenario.

Prediction and Measurement of the Bending Strength of the RCC

Mustapha Zdiri,Mongi Ben Ouezdou,Nor-edine Abriak,Jamel Neji 한국콘크리트학회 2009 International Journal of Concrete Structures and M Vol.3 No.1

The present work deals with the prediction, through models and experimental evaluation, of the bending strength of roller compacted concrete (RCC) for pavement applications. This concrete was manufactured using low cement proportioning (150 to 250 kg/㎥). The characterization of hardened RCC was carried out by experimental measurements of bending strengths. The predictions of these characteristics were achieved using empirical models. Comparison, of the values found in experiments with those empirically obtained, was made in order to choose and to propose the adapted and the most reliable models of prediction. The study showed that the bending strengths of the RCC mixture, experimentally found, can be also identified by models.

Study of the Anisotropy of the Roller Compacted Concrete (RCC) for Pavement

Mustapha Zdiri,Nor-edine Abriak,Mongi Ben Ouezdou,Jamel Neji 한국콘크리트학회 2010 International Journal of Concrete Structures and M Vol.4 No.1

The roller compacted concrete (RCC) is supposed to be isotropic, whereas the compaction of this material, which is achieved using the same machines used for the soil, appears only unidirectional, making the RCC an anisotropic material. In this experimental work, the influence of the phenomenon of compaction on the isotropy of the RCC is studied. This study was carried out through an evaluation of the compressive strengths and ultrasonic tests which were used for measurements of the elastic modulus and the dynamic Poisson"s ratio of the RCC as well as a qualitative judgement of the RCC aspect at the hardened state. The results of this work proved the anisotropy of the RCC and they showed the sensitivity of the mechanical strengths and the elastic modulus to the compaction direction.

The Free Trade Agreement Between the United States and Morocco: The Importance of a Gradual and Assymetric Agreement1

( Mustapha Sadni Jallab ),( Lahsen Abdelmalki ),( Rene Sandretto ) 세종대학교 경제통합연구소 (구 세종대학교 국제경제연구소) 2007 Journal of Economic Integration Vol.22 No.4

The agreement recently signed between Morocco and the United States foresees several modalities in dismantling tariffs. Our simulations show that the various modalities of trade liberalization may have different impacts on the welfare, the rate of growth and the sectoral trade balance of these two countries. More precisely, our findings justify the interest of a gradual and asymmetrical agreement. In addition, the free trade agreement (FTA) between the US and Morocco will have a significant impact not only on trade between the two countries, but also on their trading relationships with other countries. The most important trade diversion will affect the EU and particularly France, which is Morocco`s largest trading partner. It will also adversely affect the other North African countries. The FTA will thus offer the opportunity to Morocco to diversify its markets and its capabilities, which are currently focused on the EU, particularly on France and Spain.

Optimization and characterization of biodiesel produced from vegetable oil

Mustapha, Amina T.,Abdulkareem, Saka A.,Jimoh, Abdulfatai,Agbajelola, David O.,Okafor, Joseph O. Techno-Press 2013 Advances in energy research Vol.1 No.2

The world faces several issues of energy crisis and environmental deterioration due to over-dependence on single source of which is fossil fuel. Though, fuel is needed as ingredients for industrial development and growth of any country, however the fossil fuel which is a major source of energy for this purpose has always been terrifying thus the need for alternative and renewable energy sources. The search for alternative energy sources resulted into the acceptance of a biofuel as a reliable alternative energy source. This work presents the study of optimization of process of transesterification of vegetable oil to biodiesel using NaOH as catalyst. A $2^4$ factorial design method was employed to investigate the influence of ratio of oil to methanol, temperature, NaOH concentration, and transesterification time on the yield of biodiesel from vegetable oil. Low and high levels of the key factors considered were 4:1 and 6:1 mole ratio, 30 and $60^{\circ}C$ temperatures, 0.5 and 1.0 wt% catalyst concentration, and 30 and 60 min reaction time. Results obtained revealed that oil to methanol molar ratio of 6:1, tranesetrification temperature of $60^{\circ}C$, catalyst concentration of 1.0wt % and reaction time of 30 min are the best operating conditions for the optimum yield of biofuel from vegetable oil, with optimum yield of 95.8%. Results obtained on the characterizzation of the produced biodiesel indicate that the specific gravity, cloud point, flash point, sulphur content, viscosity, diesel index, centane number, acid value, free glycerine, total glycerine and total recovery are 0.8899, 4, 13, 0.0087%, 4.83, 25, 54.6. 0.228mgKOH/g, 0.018, 0.23% and 96% respectively. Results also indicate that the qualities of the biodiesel tested for are in conformity with the set standard. A model equation was developed based on the results obtained using a statistical tool. Analysis of variance (ANOVA) of data shows that mole ratio of ground nut oil to methanol and transesterification time have the most pronounced effect on the biodiesel yield with contributions of 55.06% and 9.22% respectively. It can be inferred from the results various conducted that vegetable oil locally produced from groundnut oil can be utilized as a feedstock for biodiesel production.

A refined quasi-3D hybrid-type higher order shear deformation theory for bending and Free vibration analysis of advanced composites beams

Mustapha Meradjah,Khaled Bouakkaz,Fatima Zohra Zaoui,Abdelouahed Tounsi 한국풍공학회 2018 Wind and Structures, An International Journal (WAS Vol.27 No.4

In this paper, a new displacement field based on quasi-3D hybrid-type higher order shear deformation theory is developed to analyze the static and dynamic response of exponential (E), power-law (P) and sigmoïd (S) functionally graded beams. Novelty of this theory is that involve just three unknowns with including stretching effect, as opposed to four or even greater numbers in other shear and normal deformation theories. It also accounts for a parabolic distribution of the transverse shear stresses across the thickness, and satisfies the zero traction boundary conditions at beams surfaces without introducing a shear correction factor. The beam governing equations and boundary conditions are determined by employing the Hamilton’s principle. Navier-type analytical solutions of bending and free vibration analysis are provided for simply supported beams subjected to uniform distribution loads. The effect of the sigmoid, exponent and power-law volume fraction, the thickness stretching and the material length scale parameter on the deflection, stresses and natural frequencies are discussed in tabular and graphical forms. The obtained results are compared with previously published results to verify the performance of this theory. It was clearly shown that this theory is not only accurate and efficient but almost comparable to other higher order shear deformation theories that contain more number of unknowns.

Futurs africains, postcolonialisme et mythe du developpement

( Mustapha Machrafi ) 서울대학교 불어문화권연구소 2012 Revue dEtudes Francophones Vol.1 No.-

Dynamics of Hexavalent Chromium in Four Types of Aquaculture Ponds and Its Effects on the Morphology and Behavior of Cultured Clarias gariepinus (Burchell 1822)

Mustapha, Moshood Keke Korean Society of ToxicologyKorea Environmental Mu 2017 Toxicological Research Vol.33 No.2

Hexavalent chromium is a bio accumulative toxic metal in water and fish. It enters aquaculture ponds mainly through anthropogenic sources. Hexavalent chromium concentrations and its effects on the morphology and behavior of Clarias gariepinus were investigated from four aquaculture ponds for 12 weeks. Chromium was measured using diphenyl carbohdrazide method; alkalinity and hardness were measured using colometric method and analyzed with Bench Photometer. Temperature and pH were measured using pH/EC/TDS/Temp combined tester. Temporal and spatial replications of samples were done with triplicates morphological and behavioural effects of the metal on fish were observed visually. Chromium ranged from no detection to 0.05 mg/L, alkalinity 105 to 245 mg/L, hardness 80 to 165 mg/L, pH 6.35 to 8.03 and temperature 29.1 to $35.9^{\circ}C$. Trend in the chromium concentrations in the ponds is natural > earthen > concrete > collapsible. There was a significant difference (P < 0.05) in chromium, alkalinity, water hardness, pH and temperature among the four ponds. Significant positive correlation also existed between alkalinity, water hardness, pH, with chromium. Morphological and behavioural changes observed in the fish include irregular swimming, frequent coming to the surface, dark body colouration, mucous secretion on the body, erosion of gill epithelium, fin disintegration, abdominal distension and lethargy. High chromium concentration in natural pond was due to anthropogenic run-off of materials in to the pond. Acidic pH, low alkalinity, low water hardness also contributed to the high chromium concentration. Morphological and behavioural changes observed were attributed to the high concentrations, toxicity and bio accumulative effect of the metal. Toxicity of chromium to fish in aquaculture could threaten food security. Watershed best management practices and remediation could be adopted to reduce the effects of toxicity of chromium on pond water quality, fish flesh quality and fish welfare.

Contractors' Perception towards Safety and its Consequences on Construction Workers in Cape Coast Metropolis

Mustapha, Zakari Korea FoodHealth Convergence Association 2019 식품보건융합연구 (KJFHC) Vol.5 No.6

The construction environment has been declared as a hazard prone area due to high number of accident and death. The study aims to identify influential factors that contribute to poor safety practices and its consequences on construction workers in Cape Coast Metropolis. Seventy respondents were taken as the sample size for the study. Descriptive analysis was used to analyze the data obtained from the field. Findings show that poor site management, working without safety gadgets, failure to use their Personal Protective Equipment (PPE) and negligence of workers were the main causes of accidents on sites. Poor site management had the highest ranking among the seven variables. Effects of poor safety practices on building construction site and delays in work execution were due to injury of workers, extra cost due to payment of compensation to injured victims, not motivated due to injury of worker and declined reputation of firm. Management team should motivate workers for safe work done, provide adequate PPE for their workers on site and have documented health and safety policy on site. Site authorities and management team should be on site regularly to ensure proper safety practices on construction site.