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Journal articles on the topic 'Civil liability (France)'

Author: Grafiati

Published: 7 July 2024

Last updated: 31 July 2025

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1

Mollo, Anna Anita. "Book Review Mauro Bassanini, Antony J. Sebok, Marta Infantino, Common Law and Civil Law Perspectives on Tort Law, New York, NY: Oxford University Press, 2022." puntOorg International Journal 9, no. 2 (2024): 231–34. http://dx.doi.org/10.19245/25.05.pij.9.2.9.

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The work by Bassanini, Sebok and Infantino, published by Oxford University Press, is an interesting and in-depth analysis of the law of civil liability, in five legal systems: England, the United States, France, Germany and Italy. The analysis starts from the identification of this area of law, as named in the different legal systems as “tort law”, “responsabilité civile”, “Deliktsrecht”, “responsabilità civile” The work contains a lucid, wide-ranging and detailed comparison between the Common Law and Civil Law systems selected with specific reference to the «civil liability for injuries arisi

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Korotkih, A. "LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES." Social Law, no. 2 (April 26, 2019): 52–57. http://dx.doi.org/10.37440/soclaw.2019.02.07.

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The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusion

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3

Sakhno, Y. V. "The correspondence between contractual and tort liability in the Civil law of Ukraine, Germany, and France." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 168–72. http://dx.doi.org/10.24144/2788-6018.2024.03.27.

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The article explores the regulation of civil legal relations between parties arising from breaches of contract terms and causing harm in Ukraine, Germany, and France. Specifically, it analyzes the relationship between the grounds for the emergence of these legal relations. Although the topic of the correspondence between contractual and tort liability has been raised by scholars many times, there are still no unified approaches to addressing this issue in the legal doctrine of Ukraine. Furthermore, there are no established approaches to the correlation of these two types of civil liability in

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Taylor, Simon. "Extending the Frontiers of Tort Law: Liability for Ecological Harm in the French Civil Code." Journal of European Tort Law 9, no. 1 (2018): 81–103. http://dx.doi.org/10.1515/jetl-2018-0102.

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AbstractIn August 2016 the French Parliament adopted legislation introducing civil liability for ecological harm into the civil code. Since tort law is traditionally concerned with the compensation of harm to individuals, the recognition of ecological harm as a basis of liability extends the boundaries of tort by requiring an alternative approach to what constitutes harm, who will have standing to bring claims and what remedies are appropriate. Through a discussion of the French reform, this article analyses the issues raised in adapting civil liability to deal with ecological harm and conside

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Imomniyozov, Doniyorbek Bakhtiyor ugli. "FUNDAMENTALS OF CONTRACTUAL RESPONSIBILITY OF THE DOCTRINE OF CIVIL LAW CHARACTERISTICS OF THE CONTINENTAL LEGAL SYSTEM OF GERMANY AND FRANCE." EURASIAN JOURNAL OF ACADEMIC RESEARCH 1, no. 1 (2021): 921–28. https://doi.org/10.5281/zenodo.4742175.

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<em>This article provides a comparative analysis of the grounds for civil liability for non-performance of contractual obligations. In particular, the article describes the violation of the contract, which is the basis for contractual liability of subjects of civil law relations in German and French law, the fault of the debtor, the damage to the creditor and the terms of the causal relationship between them.</em>

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LEE, Jaewoo. "Study on the fault in the french civil law." Kyung Hee Law Journal 60, no. 1 (2025): 301–29. https://doi.org/10.15539/khlj.60.1.10.

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Modern civil law has declared the principle of self-responsibility, and although it has been partially supplemented, it is still maintained. In the area of tort, this is expressed as the principle of fault liability. In modern times, with the development of industry and the complexity of society, the objectivity of responsibility, including risk responsibility, is expanding. In French civil law, fault is the most basic and central concept for properly understanding fault liability as well as strict liability. The French civil law has not stipulated the concept of fault since its first compilat

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Lee, Dong-Jin. "Hospital’s Organizational Duty: Civil and Criminal Liability." Wonkwang University Legal Research Institute 28 (December 31, 2022): 31–59. http://dx.doi.org/10.22397/bml.2022.28.31.

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As more and more medical service is provided by hospital, a new basis of medical liability, hospital’s organizational duty, has arisen. Hospital typically differentiates various parts of medical service and allocates them to different departments. The division of labor enhances the efficiency and professionality of the service and enables a service which could not have been provided otherwise. It poses, however, new risk that nobody in the organization has a comprehensive understanding of and control over the process. Patients might be unattended by anybody at some point of the process. This r

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8

Rosembuj, Flavia, Matthias Berger, Karen Aitchison, et al. "Environmental Risks on Acquiring a Company in Possession of Contaminated Land." European Energy and Environmental Law Review 8, Issue 7 (1999): 201–7. http://dx.doi.org/10.54648/eelr1999030.

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Environmental risks on the acquisition of a company in possession of contaminated land; the possible transmission of liabilities from a subsidiary company to a parent company; a comparative study of Belgium, France, Germany, Spain and the United Kingdom, examining the legal framework and the corporate liability regime in each; conclusion that there is an increasing view that soil protection is more likely to be best regulated by effective administrative law than by a system of civil liability.

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9

Beran, Karel, and David Elischer. "Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law?" Review of Central and East European Law 44, no. 1 (2019): 58–90. http://dx.doi.org/10.1163/15730352-04401003.

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According to the new Civil Code, adopted in the Czech Republic in 2012 (“2012 Civil Code”), ‘strict liability’ (or ‘no-fault liability’) is no longer considered ‘liability’ in the traditional sense of the term. The declared concept of the Civil Code is based on the premise that the notion of ‘liability’ should be limited only to cases where a person can be held liable based on their culpability (fault). All other cases, denoted by the doctrine as the opposite to ‘fault-based liability’ (or more accurately, liability based on culpable conduct), that is, ‘no-fault’ or ‘strict’ liability, are – i

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ABOLHASANI, Hamid, Alireza Enteziri, and Saeed Shariati. "A Comparative Study of the Multiplicity of Causes in Civil Liability in Cyberspace in Iranian and Russian Law." Право и политика, no. 7 (July 2023): 1–17. http://dx.doi.org/10.7256/2454-0706.2023.7.40945.

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One of the new manifestations of civil responsibility is the harmful behavior of a person or persons in the context of cyberspace, which ultimately leads to material and moral harm in this cyberspace. This research, which is prepared and organized in a descriptive-analytical way, the topics discussed have been centered around the answer to the question that basically, how is the civil liability for multiple reasons realized in the virtual space and what are the points of commonality and difference between the laws of Iran and the laws of Russia in this regard. The results and findings of the r

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11

Nästega°rd, Emil. "The Tort Liability of CRAs in Europe and the Need for a Harmonized Proximity Requirement at the Union Level." European Business Law Review 31, Issue 5 (2020): 799–818. http://dx.doi.org/10.54648/eulr2020030.

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The union-wide civil liability regime for credit rating agencies relies on the national private laws of the Member State to a large extent. To prevent credit rating agencies from shopping for the most restrictive national private laws it is important that the Member States find common ground with respect to the interpretation and application and of central liability elements, such as the proximity requirement. This article focuses on identifying proximity requirements in the national tort laws of England, France, Germany and Sweden and commonalities regarding their application and interpretati

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12

Hornyák, Zsófia, and Roland Lindt. "Liability rules protecting waste management in the light of the right to a healthy environment." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 18, no. 35 (2023): 31–48. http://dx.doi.org/10.21029/jael.2023.35.31.

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Some European countries use a complex system of liability to protect the environment through civil, criminal, and administrative law. The purpose of this work is to present and evaluate the constitutional background of the complex liability system protecting the order of waste management in Hungary, in addition to examining the constitutional provisions of three Western European countries – namely France, Spain and Germany – in relation to the topic. Paying particular attention to how the Constitution of the given country regulates the right to a healthy environment.

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13

KIM, Gee Hwan. "Force majeure as a reason for exemption from default - Focusing on discussions in France -." Korean Association of Civil Law 107 (June 30, 2024): 65–103. http://dx.doi.org/10.52554/kjcl.2024.107.65.

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The French Civil Code provides for strict liability and exemption from force majeure for damages resulting from non-performance. However, in practice, the cases of force majeure are expanded and interpreted to operate similarly to the non-performance liability principle. In French academic circles, there is also a strong view that force majeure, which is a ground for exemption from non-performance, is the same as no fault. The liability for damages resulting from non-performance is a variation of the original obligation, and the occurrence of the liability for damages is determined by the stan

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Sorkheh, Ebrahim. "The Basis of Contractual Civil Liability of Consulting Engineers in Domestic and Foreign Law." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 3 (2024): 1–18. https://doi.org/10.61838/csjlp.6.3.1.

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One of the crucial and fundamental issues in the field of contractual civil liability is the elucidation of the legislator's approach in determining and identifying the basis of contractual civil liability. This matter plays a critical role in imposing liability and the burden of proof on the contractual obligor. The consulting engineer, as one of the professional categories responsible for providing design or supervision services in large construction and infrastructure projects under contract and based on the documents and records of the agreement, is not exempt from this rule. The failure t

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15

Georgijević, Goran. "Civil liability of principal for the acts of agent – A comparison between France and Mauritius." Anali Pravnog fakulteta u Beogradu 73, no. 1 (2025): 65–80. https://doi.org/10.51204/anali_pfbu_25103a.

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Mauritian civil law is strongly influenced by French civil law, for historical reasons. Civil liability, tort and contractual law, is regulated in an almost same manner in the two countries. However, as French civil law is only a persuasive authority in Mauritius, the position of the French Court of Cassation is not always followed by the Mauritian Supreme Court. Moreover, even when the legal solutions in the two countries are the same, differences can exist between the contractual and tort liabilities of principals for the acts of their agents. This paper aims at critically analyzing the simi

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Kim, Young-Ju. "Commercial Use of Satellite Remote Sensing Data and Civil Liability." Laws 13, no. 6 (2024): 77. https://doi.org/10.3390/laws13060077.

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This paper explores the civil liability issues arising from the commercial use of satellite remote sensing data, a rapidly growing sector in the space industry. With the increasing reliance on satellite data for various applications, such as agriculture, disaster response, and climate monitoring, legal challenges have emerged, particularly concerning the accuracy and commercialization of satellite data. The study examines the concept and characteristics of satellite remote sensing, focusing on the legal relationships between data providers, users, and third parties. It analyzes the legal frame

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17

Anvarovich Ibadullaev, Timur. "FEATURES OF THE JUDICIAL PROCEDURAL SYSTEM IN NUCLEAR ENERGY." European Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and Legal Innovations 1, no. 10 (2024): 1–7. https://doi.org/10.61796/ejcblt.v1i10.1032.

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The article is dedicated to studying the judicial and procedural features related to nuclear energy regulation and dispute resolution within this sector. Given the high risks associated with the operation of nuclear facilities, judicial systems must consider both national legal norms and international agreements, such as the 1963 Vienna Convention on Civil Liability for Nuclear Damage. This work analyzes the legal mechanisms of civil liability for nuclear damage and compensation procedures using examples from the United States, France, Russia, and China. Special attention is paid to the involv

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18

Boskovic, Olivera. "A RESPONSABILIDADE CIVIL DAS EMPRESAS GIGANTES DA INTERNET." Law, State and Telecommunications Review 12, no. 1 (2020): 159–86. http://dx.doi.org/10.26512/lstr.v12i1.30003.

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Objective ”“ The article offers an original contribution to the debate about the application of substantive law and the eligible jurisdiction that should judge the liabilities disputes between the so-called Internet giants' enterprises and the users. Methodology/approach/design ”“ The article brings a bibliographical and case law review of both France and the European Union about International Private Law applicable to the liability violations made by the so-called Internet giants' enterprises. Findings ”“ The article shows a legal theory central problem, which is the best way to d

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19

Sage, Yves-Louis. "Reinforcing the Rights of the Victim in the French Law on Civil Liability." Victoria University of Wellington Law Review 28, no. 3 (1998): 543. http://dx.doi.org/10.26686/vuwlr.v28i3.6060.

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In the last century the system of civil liability in French law has moved from being fault based to a system of guarantee, motivated by the desire to provide indemnity to victims. This shift occurred in the common law of France and has been complemented by significant legislative intervention. In this article Dr Sage explains the role and operation of the legislative methods of reinforcing the rights of victims and, in particular, the operation of the guarantee systems established by the state for road accident victims, for the victims of hunting accidents, of criminal injuries, of acts of ter

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20

Petrov, V. "Joint and several liability and separate liability of the heirs for hereditable obligations – short comparative and historical overview." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (2018): 114–16. http://dx.doi.org/10.33531/farplss.2018.4.21.

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The article researches the different approaches for regulation of the liability of the heirs for hereditable obligations. Historical and comparative researches were made. The European legislations can be divided in two big groups. The legislations form the first group set a separate liability of the heirs - each one of them owes only a part of the debt equal to his share of the estate. The legislations of France, Ukraine, Bulgaria, etc. are included in this group. The legislations from the second group govern joint and several liability for the heirs. A creditor of the estate has a right to de

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21

Ishii, Nobuki. "Civil liability for accidents during sport activities: A study focusing on sports organizations in France." Taiikugaku kenkyu (Japan Journal of Physical Education, Health and Sport Sciences) 58, no. 2 (2013): 637–62. http://dx.doi.org/10.5432/jjpehss.12083.

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22

Oldenhuis, Fokko T., and Aurelia Colombi Ciacchi. "Liability for Defective Immovable Property: The Hammock Case in a Comparative Perspective." European Review of Private Law 22, Issue 1 (2014): 89–92. http://dx.doi.org/10.54648/erpl2014005.

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Abstract: Can joint owners of a defective property - or an immovable object thereon - hold each other non-contractually liable for injuries suffered as a result of the defect? This is a question that has substantial societal effects and requires a somewhat legal-political solution. In 2010, the Dutch Supreme Court (Hoge Raad) faced this exact dilemma in the Hammock case. Aside from examining that specific decision, this comparative law project ascertains how such a case would be resolved in six other European jurisdictions - Germany, France, Belgium, Italy, England, and Ireland. Is the solutio

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23

Wolski, Dominik. "The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 69–95. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.3.

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In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and

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Papp, Nikolett. "A munkahelyi egészségsérelmek kompenzációjának felelősségbiztosítási modellje Magyarországon és az Európai Unióban." Erdélyi Jogélet 3, no. 4 (2021): 111–25. http://dx.doi.org/10.47745/erjog.2020.04.09.

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"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers’ liability under civil or labour law) model. In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits. Employers’ liability schemes can be supplemented by voluntary lia

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Oręziak, Bartłomiej, and Klaudia Łuniewska. "New Grounds for Civil Liability under National Law in the Light of Article 79 of the GDPR." Prawo w Działaniu 46 (2021): 223–32. http://dx.doi.org/10.32041/pwd.4611.

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The subject of the paper is the functioning of Article 79 of the GDPR in the Polish legal system and in other countries. The above provision establishes the right to an effective judicial remedy against a controller or processor, which is to guarantee the protection of personal data in relation to the data subjects. The paper submits to a dogmatic and comparative analysis those regulations that concern the right to an effective legal remedy in the field of personal data protection based on the example of Polish legal regulations, but also with reference to France, Germany and Great Britain to

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Barabash, A. S., and A. L. Repetskaya. "Criminal bankruptcy: comparative analysis and problems of legislative regulation in Russian legislation." Siberian Law Herald 2022.2 (2022): 88–97. http://dx.doi.org/10.26516/2071-8136.2022.2.88.

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The article presents a comparative analysis of the regulation of liability for criminal bankruptcy under the laws of the Russian Federation and countries such as the USA, Germany, Spain, France, Great Britain, Australia. At the same time, not only the current criminal legislation regulating liability for committing crimes in the field of bankruptcy was considered, but also other laws that carry out its legal regulation. Since the registration of crimes related to criminal bankruptcy in the Russian Federation is declining, they are poorly disclosed, and law enforcement practice often considers

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Cha, Young-gyun, and Sung-Wook Kim. "Real estate disposition and the Effect of the Revocation of Fraudulent Transfer - Subject Case: The Supreme Court of Korea Decision 2015Da217980 on March 09, 2017." Korean Institute for Aggregate Buildings Law 48 (November 30, 2023): 223–44. http://dx.doi.org/10.55029/kabl.2023.48.223.

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The title of this thesis is ‘Real estate disposition and the Effect of the Revocation of Fraudulent-Subject Case: The Supreme Court of Korea Decision 2015Da217980 on March 09, 2017-’. The obligor will be free to dispose of his own property at his will, and no obligee will be able to dispute it, but our civil law allows the obligee to interfere with the obligor’s liability in special cases in order to preserve the substantial value of the bond. Under the Korean civil law, the Obligee's Right of Subrogation to Obligor(the Subrogation Claim of a Creditor) and the Obligee’s Right of Revocation(the

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Faure, Michael G., and Karine Fiore. "The civil liability of European nuclear operators: which coverage for the new 2004 Protocols? Evidence from France." International Environmental Agreements: Politics, Law and Economics 8, no. 3 (2008): 227–48. http://dx.doi.org/10.1007/s10784-008-9076-4.

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Dzikowski, Andrzej. "The Germanic Model of Liability for Diseases of Animals in Sale Transactions: Historical Heritage or the Dead Weight of Past Generations? Factors Affecting the Form of Legal Standards for Warranty." Animals 14, no. 11 (2024): 1669. http://dx.doi.org/10.3390/ani14111669.

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The subject of the analysis is the Germanic model of liability for the physical defects of animals examined through examples in Europe. Methods of legal analysis and interpretation are used. Contemporary (Austria, Belgium, France, Luxembourg and Switzerland) and historical examples (Germany and Poland) are examined and described. The characteristics of this model and the historical conditions which shaped the current legal state are demonstrated. It is shown where particular civil law systems in Europe have maintained the Germanic model of warranty to this day, where other systems have replace

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Faro, Antonio Lo, and Sylvaine Laulom. "Remedies for Unlawful Collective Action in France, Belgium, Italy and Spain." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (2014): 273–91. http://dx.doi.org/10.54648/ijcl2014016.

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This article provides a comparative analysis of France, Belgium, Italy, and Spain demonstrating that in each of these countries the notion of unlawful strikes is fairly restricted. Whether considered from the point of view of the definition, the action taken, or its objectives, the probability of a strike being declared unlawful is not high, either due to the absence of detailed legislative rules, as in the case of France, Belgium, and Italy, or because of a fairly permissive constitutional interpretation of the existing rules, as in the case of Spain. As a result, if we turn our attention to

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Bohdanova, Valeriia. ""FORCE MAJEURE" AS A BASIS FOR EXEMPTION FROM CONTRACTUAL LIABILITY IN EUROPEAN UNION LEGISLATION." Scientific Journal of Polonia University 66, no. 5 (2024): 130–37. https://doi.org/10.23856/6614.

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The article is devoted to the analysis of the legislative regulation of the "force majeure" category as a basis for exemption from contractual liability in the countries of the European Union. The legislative norms of such countries as Italy, France, Germany were developed and analyzed; conclusions were made regarding the peculiarities of the regulation of the "force majeure" category in contractual relations; the issue of the autonomy of the parties to the contract in the identification of such circumstances is studied. Considerable attention is paid to the relevant judicial practice, the dec

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Foulon, Julie. "Recent developments in French environmental law: Recognition and implementation of ecological damage in French tort law." Environmental Law Review 21, no. 4 (2019): 309–17. http://dx.doi.org/10.1177/1461452919883441.

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As a consequence of increased pressure on environment in Europe and beyond, the extent and variety of forms of environmental damage has broadened widely over the last decades. One key way to tackle this problem is, evidently, to ensure that damage that arise is properly repaired. Whilst provisions to secure environmental liability have been implemented in the EU context through the Environmental Liability Directive, the effectiveness of this Directive is still limited. In France, in order to surpass current impasses, the 2016 Biodiversity Law was recently enacted (adopted on August 8th, 2016),

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Parra, María Angeles, and Asunción Asín. "Cour de Cassation (France) 3 juillet 2002 - Damages for occupation of an immovable: ’culpa in contrahendo’ and unjustified enrichment under French and Spanish law." European Review of Private Law 13, Issue 1 (2005): 67–78. http://dx.doi.org/10.54648/erpl2005004.

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In this decision (Third Civil Division, 3 July 2002 RTD civ. 2002, 804 with ann. By Mestre and Fages) the French Supreme Court (Cour de Cassation) for the first time ruled that, in the case of negotiations for the sale of a building, the mere fact that one of the parties occupied the premises during these negotiations, even if this was with the owner?s consent, renders that party liable for payment of occupancy rent. This cannot be altered by the circumstance that the parties had abandoned their original plan by common consent or that liability for the fact that the contract did not come about

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Andrews-Speed, Philip. "The governance of nuclear power in China." Journal of World Energy Law & Business 13, no. 1 (2020): 23–46. http://dx.doi.org/10.1093/jwelb/jwaa004.

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Abstract China has the third largest fleet of nuclear power plants in the world, totalling more than 45 GWe at the end of 2019. With the current high rate of growth, its capacity will soon overtake that of France. The country’s nuclear power industry has suffered no serious accidents to date. Nevertheless, the poor safety record of some other heavy industries in China, combined with the rapid growth of civil nuclear power capacity, has raised concerns over the industry’s ability to prevent a serious accident. The organization, development and governance of China’s nuclear power industry reflec

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Debruche, Anne-Françoise. "What is "Equity"? Of Comparative Law, Time Travel and Judicial Cultures." Revue générale de droit 39, no. 1 (2014): 203–28. http://dx.doi.org/10.7202/1026985ar.

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What is "equity"? Does it mean the same as the word "équité" in French ? Can the word "equity", used in an English or an American legal text, be translated readily by équité without being misleading? The answer to those two last questions is no. In the language of the common law, "equity" means something very specific and much more complicated than what we have in mind when we say équité in our civil law traditions. The present paper, adapted from a lecture given in Brasilia, attempts to shed some light on this awkward subject, as it compares the notion of équité in the French civil law tradit

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van Schoubroeck, Caroline. "Traffic Accident Compensation in Belgium: An Example for Europe?" Maastricht Journal of European and Comparative Law 10, no. 2 (2003): 199–213. http://dx.doi.org/10.1177/1023263x0301000205.

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On June 10, 2002 the European Commission adopted a proposal for a new Motor Insurance Directive. One of the goals of this proposal is to ensure that pedestrians and cyclists are covered by the compulsory insurance of the vehicle involved in the accident. Examples of legislation which has already sought to do so includes the French law (Loi Badinter in France) and Swedish law. It may be less well-known that Article 29bis of the Belgian Act of 21 November 1989 on the insurance against civil liability regarding the use of motor vehicles is another example of national legislation providing such co

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Piddubna, V. "Legal approaches to the concept of the state as a legal entity of public law." Analytical and Comparative Jurisprudence, no. 2 (April 29, 2025): 313–18. https://doi.org/10.24144/2788-6018.2025.02.43.

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In the article, the author examines legal approaches to the concept of the state as a legal entity. The author examines doctrinal approaches to determining the legal nature of the state in different historical periods. The issues of the legal capacity of the state in the Romano-Germanic legal system are considered. Thus, in France, the state as a legal entity is characterized by such features as: organizational unity (staff); property separation (state property); acting in circulation on its own behalf, civil liability (compensation for damage and payment of legal costs). In Germany, the state

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Baran, A. B. "The concept of «Citizens in uniform»: a comparative analysis of the legal status of soldiers in the EU Member States and Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 394–98. https://doi.org/10.24144/2788-6018.2025.01.64.

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The article analyses the legal status of military personnel, the specific features of the legal regulation of their service, and the interrelation between military duties, civil rights, and freedoms. It is noted that the legal status of military personnel requires improvement, especially in the current context of military aggression. The author emphasizes the importance of utilizing the experience of European Union countries to enhance national legislation and align it with international standards. The concept of political neutrality of military personnel, which is a fundamental element in ens

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Smolyakov, Aleksandr. "Responsibility for theft of non-cash funds and digital currency in the countries of the Anglo-Saxon and continental systems of law." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (2022): 151–56. http://dx.doi.org/10.35750/2071-8284-2022-1-151-156.

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The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed. Based on the analysis, the author concludes that in the legislation of foreign states of the Angl

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Kurylo, Мykola, and Krystyna Kuzmenko. "Some aspects of the historical development of abuse of right in civil proceedings." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 222–27. http://dx.doi.org/10.36695/2219-5521.4.2020.39.

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The article is the study of certain periods of the development of abuse of right in civil proceedings. It is noted that one can foundthe first references to the abuse of right and its consequences for the legal order as a whole, as well as prototypes of liability for its commission,in the ancient documents of Roman law. It is substantiated that the Romans, in their understanding of the limits of the exercise of subjective rights, worked the way upfrom giving absolute freedom in its exercise to identifying typical cases of unfair behavior and reasonably prohibiting it in case of intention

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Renaudier, Philippe, Mai Phuong Vo Mai, Sylvie Schlanger, et al. "The Declining Risk of ABO Incompatibilities: Twelve Years of Hemovigilance in France." Blood 110, no. 11 (2007): 2891. http://dx.doi.org/10.1182/blood.v110.11.2891.2891.

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Abstract Background: ABO incompatibilities (ABOi) usually result from the failure to comply with Standard Operating Procedures (SOP). Continuous training (CT) is the main way to ensure their proper use in ultra-high security systems like civil aviation but little is known for transfusion. In France, SOP include a Beth-Vincent test at the bedside before the transfusion of Packed Red Cells (PRC). At the hospitals, Hemovigilance Officers (HO) are in charge of transfusion safety along with the settlement of traceability and the notification of all Adverse Effects (AE). If SOP and CT are requested

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Piddubna, Victoriia. "Features of the legal status of political parties as legal entities: comparative-legal characteristics." ScienceRise: Juridical Science, no. 4(26) (December 29, 2023): 4–12. http://dx.doi.org/10.15587/2523-4153.2023.294272.

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In the article, the author examines political parties as subjects of civil relations. The characteristics of political parties as legal entities are analyzed: organizational unity, which is expressed in the fact that parties, as organizations, have a certain structure and a system of bodies; the sign of separate property of political parties has a certain specificity, with peculiarities in the ways of acquiring ownership rights over the property of political parties. Political parties, as legal entities, bear civil liability, and they can independently appear in court as defendants. The

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Berlinguer, Aldo. "The Italian Road to Trusts." European Review of Private Law 15, Issue 4 (2007): 533–53. http://dx.doi.org/10.54648/erpl2007030.

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Abstract: In Italy, there are still today no exhaustive systematic rules on trusts. Aspects of this institute, as developed in common-law jurisdictions, give rise to considerable practical difficulties, since they conflict with some linchpin tenets of the civil law tradition, including the general principle of the liability of the debtor, the conception of property as an absolute right and the limited number of rights in rem, the prohibition of succession agreements. Despite all this, large efforts have been recently made to introduce, in the Italian legal system, institutes that would perform

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alter, Translator. "Venire contra factum proprium: From a binding past to a binding future." Pravovedenie 64, no. 2 (2020): 270–308. http://dx.doi.org/10.21638/spbu25.2020.204.

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Inadmissibility of controversial conduct (venire contra factum proprium) is a continental functional analog of common law estoppel. It is a special “pitfall” under the rubric for the application of the bona fide requirement when inadmissibility of conduct is derived from its controversial character in regard to previous conduct. The article exposes a lack of necessity in the prohibition under the regimes of early private law codifications of the Modern Age (France, Austria) which is why one may observe its prevalence primarily in Germany after the enactment of German Bürgerliches Gesetzbuch (C

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Komissarova, E. G., and A. V. Volkov. "FRENCH TORT LAW IN THE CONTEXT OF NATIONAL HISTORY, LEGAL DOCTRINE AND CASE LAW." Вестник Пермского университета. Юридические науки, no. 4(66) (2024): 645–63. https://doi.org/10.17072/1995-4190-2024-66-645-663.

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Introduction: French tort law is becoming increasingly attractive for didactic and scientific description in Russian legal discourse. It is taken for comparison, parallels are being drawn; in some aspects this law is proposed to be used as an analogue, with reference to its flexibility, spaciousness, and humanism. At the same time, the reasons behind the emergence of these qualities, which reflect a very specific nature of French tort law, are very rarely discussed in science. Meanwhile, its historical past, including the constant participation of doctrine and judicial practice in the formatio

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Lebon, Caroline. "Vorlagebeschluss of June 29, 1999 — The Protection of "Vulnerable Sureties" as to German, French, Belgian, Dutch, English and Scottish Law." European Review of Private Law 9, Issue 2/3 (2001): 417–40. http://dx.doi.org/10.54648/359027.

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The standard terms of the bank, where a man got a loan for the restoration of the matrimonial home (where he also had his architect's firm) he was the sole proprietor of, obliged the spouse to grant security for the loan. The architect's wife made no objections. At the time of the conclusion of the whole transaction, she was 32, mother of a young child, owed two already several times charged pieces of land and got only a low income as employee in the bureau of her husband. After several delays in payments on the loan, the bank terminated the loan and called upon the wife as guarantee as the ma

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Kyselova, O. I., and M. Soldatenko. "Practice of compensation for moral damage in labor law of Ukraine and foreign countries." Legal horizons, no. 26 (2020): 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.

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The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee ri

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Iemelianenko, Volodymyr, and Mariana Dmytruk. "Combating Child Pornography: International Legal Regulation and Experience of Ukraine and Foreign Countries." Theory and practice of jurisprudence 1, no. (25) (2024): 174–97. https://doi.org/10.21564/2225-6555.2024.1(25).306612.

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The relevance of the topic is determined by the fact that child pornography is a serious threat to the safety and well-being of children, and combating it requires a comprehensive approach at the national level and international cooperation. Thus, the purpose of this study is to analyse international legal regulation in the field of combating child pornography, the experience of Ukraine and such foreign countries as France, Japan, India, the United Kingdom and Canada. The objectives are to identify the main regulatory provisions, mechanisms and approaches aimed at preventing and combating chil

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Safjan, Dorota. "Przedmiotowy i podmiotowy zakres obowiązku rolniczego użytkowania gruntów." Studia Prawnicze / The Legal Studies, no. 2 (60) (April 30, 2023): 131–67. http://dx.doi.org/10.37232/sp.1979.2.5.

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When putting the freeholder under an obligation to exploit the land (Article 16 of the Act of 26 X 1971) the legislator leaves it to the organs of administration to assess how and to what degree this duty is fulfilled. A negative assessment is tantamount to the application of administrative sanctions against the peasant (Article 21).Having assumed that agricultural exploitation of land embraces not only its cultivation but also productive utilization, the universal criteria of assessment should be worked out, which would simultaneously set up the confines of legal-administrative liability of f

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Gallo, Paolo, Eugenia Dacoronia, Gerrit De Geest, et al. "Cass. fr. 15.12.1998, Enrichissement Sans Cause." European Review of Private Law 8, Issue 4 (2000): 613–88. http://dx.doi.org/10.54648/315115.

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Based on the equitable principle that prevents a person from enriching themselves at the expense of others, the theory of unjust enrichment is only accepted in French law under certain conditions. The interest of the decision handed down by the first civil chamber of the Cour de cassation on 15 December 1998 is that it clarifies one of the more controversial of these conditions: the fault of the impoverished party. In that case, a consumer asked a professional for a quote for the repair of a television antenna. Without respecting the terms of his engagement, the latter did some work on the tel

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