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1
Spiridonov, P. E. "Administrative Delicts and Administrative Delict Law." Siberian Law Review 17, no. 4 (December 31, 2020): 545–56. http://dx.doi.org/10.19073/2658-7602-2020-17-4-545-556.
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The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.
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Spiridonov, P. E. "Administrative Delicts and Administrative Delict Law." Siberian Law Review 17, no. 4 (December 31, 2020): 545–56. http://dx.doi.org/10.19073/2658-7602-2020-17-4-545-556.
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The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.
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Ливадная, Юлия, and Yuliya Livadnaya. "Some Aspects of Correlation between Definitions of Constitutional Delict and Crimе." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20908.
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The present article deals with the qualification of the offences problem in case of specific legal norms of constitutional and criminal law conjunction along with the place of constitutional delicts in contemporary system of offences. Having analyzed the situations relating to constitutional provisions in other civilized countries the author has identified common indicia for definition of constitutional delict and crime (social danger, wrongfulness, culpability and punishability). It is concluded that there is an established interrelation of these law violations conditioned that crime could be the cornerstone of constitutional delict. Author propose the criteria for separation of these definitions by reference to social danger level of above named offences together with special status of constitutional delict actor and fixed sequence of constitutional and criminal incurrence of liability for such person. In view of fact that constitutional delict presents the highest level of social danger as compared with crimes and other types of offences, the author suggests to adopt the approach according to which the structure of contemporary system of offences that covers constitutional delicts as a hierarchical subsystem should be based with regard to underlying constitutional delict (crime, administrative offence, disciplinary case or civil tort); crimes with regard to broad understanding of their wrongfulness and minor offences (or other types of offences).
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Lawrenson, NC. "Delict." Yearbook of South African Law 1 (2020): 453–572. http://dx.doi.org/10.47348/ysal/v1/i1a10.
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Lawrenson, NC. "Delict." Yearbook of South African Law 1 (2020): 453–572. http://dx.doi.org/10.47348/ysal/v1/i1a10.
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Sirks, A. J. B. "Furtum and manus / potestas." Tijdschrift voor Rechtsgeschiedenis 81, no. 3-4 (April 9, 2013): 465–506. http://dx.doi.org/10.1163/15718190-08134p06.
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The nature of furtum has been subjected to various interpretations, often with the assumption that this delict changed in nature between the Twelve Tables and end of the 2nd century A.D. It is submitted here that the delict was originally an intrusion upon the power (manus, potestas, dominium) of the pater familias and in its most acute form (furtum manifestum) punished with a religious sanction, viz. treating the fur as sacer. The same sanction is found in the Twelve Tables for other delicts, connected with the power of the pater familias. Since manifest furtum always implied that the fur was caught red-handed, desacralisation of the delict led to a reduction of this constellation to a mere being caught in the act. Assuming this to have been the original nature of furtum explains the forms of furtum usus and possessionis.
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Kuijsten, Sylvia. "Delict in beeld." Advocatenblad 98, no. 1 (January 2018): 50. http://dx.doi.org/10.5553/ab/0165-13312018098001021.
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Dillen, Lotte. "Verwachtingen op plaats delict." Tijdschrift voor Criminologie 62, no. 1 (April 2020): 101–4. http://dx.doi.org/10.5553/tvc/0165182x2020062001008.
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Mayo, Jaime Ruíz. "Rumor's delict (delight?) or:." Journal of Pragmatics 13, no. 6 (December 1989): 1009–11. http://dx.doi.org/10.1016/0378-2166(89)90023-4.
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Praskova, S. V. "The powers of the public prosecutor to make persons holding elective posts in the municipal authorities responsible for corruption delicts. Part 1." Siberian Law Herald 2022.1 (2022): 29–36. http://dx.doi.org/10.26516/2071-8136.2022.1.29.
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This article begins the research dedicated to the powers of the public prosecutor’s office in the Russian Federation implemented within the legal mechanism of early termination of the powers of persons holding elective posts in the municipal authorities due to their corruption delicts. It is noted that a new anti-corruption legislation is forming in Russia. It regulates delicts which include those not considered as crimes or administrative offences. These delicts comprise violations of the restrictions or prohibitions, non-fulfulment of the obligations inherent to the status of the public persons and set to counteract the corruption. The author underlines the novelty of this kind of delict and its unsatisfactory regulation, and proposes to use a term “corruption status offence” to denote it. To ground the problem to determine the powers of the public prosecutor in the field, the properties of the corruption status offences are shown. For the persons holding elective posts in the municipal authorities the above delicts may not be considered as a traditional kind of offences, including disciplinary offences. The delict does not often manifest any committed corruption actions. Nevertheless the legislation provides only a single penalty - the early termination of the powers. The disparity of the offence gravity and the penalty reduces the effectiveness of the legal institution to prevent corruption. The absence of the procedure to make answer for a corruption status offence, fragmented and separate regulation of the procedure, and an aggregative nature of the term “persons holding elective post in the municipal authorities” which entails additional difficulties are noted. Proceeding to the results of the research, the author states that although the very procedure of the early termination of the powers of a person holding an elective post in a municipal authority is regulated by the local rules, the powers of the public prosecutor in the field are determined by federal laws and ordinances of the Prosecutor General of the Russian Federation.
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Brüggemeier, Gert. "The Civilian Law of Delict: A Comparative and Historical Analysis." European Journal of Comparative Law and Governance 7, no. 4 (December 5, 2020): 339–83. http://dx.doi.org/10.1163/22134514-bja10007.
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Abstract This article explores the civilian tradition of the European law of delict. Part 1 tells the story of the birth of modern civil law of delict in the 19th century codifications in continental Europe, rooted in Roman law and Enlightenment Natural Law. Examples are the French and German codes, and the Japanese as a legal transplant. Fault, unlawfulness (Rechtswidrigkeit), damage, and causation are the central categories. Part 2 focuses on the challenges of industrialisation: enterprises as new actors, industrial accidents, technical risks, insurance. This part discusses the changes the civil law of delict and the common law of torts underwent to cope with these challenges. Part 3 draws some consequences from these developments. It outlines the basic structures of a postmodern civil law of delict, explicitly differentiating it from the law of torts, and as a basis for further developments in 21st century. This structure has three main features: liability for personal fault, liability for defective business activities, and Gefährdungshaftung.
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Livadnaya, Yu A. "OBJECTIVE SIDE OF THE CONSTITUTIONAL DELICT." Juridical Journal of Samara University 4, no. 4 (December 25, 2018): 137. http://dx.doi.org/10.18287/2542-047x-2018-4-4-137-141.
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Salma, Jožef. "The causality in the delict law." Glasnik Advokatske komore Vojvodine 69, no. 9 (1997): 215–32. http://dx.doi.org/10.5937/gakv9706215s.
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The paper considers the concept of causality in theory and practice. The cause is not natural condition o f damage, but also a legally justified choice between a set of events with aim to determine essential, adequate and typical cause. These conditions may compete each other and they can be a cumulating. The function o f cause is not only to point to the responsible person, but to rationalize the measure of responsibility. The author considers the presumption of causality in objective and contractual responsibility and pints out the attitude about its refute.
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Gordley, James. "Contract and Delict: Toward a Unified Law of Obligations." Edinburgh Law Review 1, no. 3 (May 1997): 345–60. http://dx.doi.org/10.3366/elr.1997.1.3.345.
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This article is the revised text of the second WA Wilson Memorial Lecture, given in a the New Senate Hall, Old College, in the University of Edinburgh on 8 May 1996 (the first, by Lord Rodger, appeared at (1996) 1 ELR 3). It is an examination of the principles explaining liability in both delict and contract. From the sixteenth to the nineteenth centuries, legal scholars thought that they could explain liability in delict and contract by two underlying principles: liability should be based on fault, and a person who was liable must fully compensate the aggrieved party by putting him in as favourable a position as if the obligation had not been breached. The sixteenth century jurists who originally formulated these principles thought that they followed from the Aristotelian idea that no one should gain at another's expense. But these principles did not explain law actually in force in these centuries or our own. The law has always recognised instances of liability without fault in delict and contract. It has generally limited recovery of damages for economic harm in delict and for consequential damages in contract. The article argues that these exceptional cases can be explained by the very idea that originally inspired the principles of fault and full compensation that they seem to contradict: the idea that no one should gain at another's expense.
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Duskaeva, Liliia. "Discourse Analysis in Linguistic Expertise of Media Texts with Nationalistic Content." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 2. Jazykoznanije, no. 1 (March 2020): 52–63. http://dx.doi.org/10.15688/jvolsu2.2020.1.5.
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The purpose of the study was to determine the peculiarities of the discursive method when it is applied in linguistic expertise practice. The method is considered a special type of the text interpretation as it allows to diagnose the nationalist-and-extremist orientation of the text. Discourse analysis includes a number of procedures which are consistently carried out, the most important among mentioned procedures are: 1) selection of the most important semantic components of the text; 2) identification among them of those charged with the modus of rejection and hostility; 3) assessment of language structures for the delict content in them; 4) justification of delict presence in statements, which is based on the analysis of the structure of the speech situation in case of delict detection. Thus, the expertise discourse analysis is the determination of those peculiarities in the selection and combination of language means that form the conflictogenicity of the text modus. Such a modus is formed with expression of dislike and hatred to another nation, affirming the idea of the exclusivity of one's own nation, and encouraging aggressive actions, which are expressed by the impelling compositional forms of appeal, proclamation, instruction, advice, warning, demand, threat. Each of the forms is characterized by its own configuration of ways and means. The author of the article analyzed two cases with conflictogenic texts. In the first case, discourse analysis confirmed the presence of delict, in the second case its absence was demonstrated.
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Spiridonov, Pavel E. "Administrative-Delict Legal Relations and Their Features." Siberian Law Review 16, no. 4 (2019): 538–44. http://dx.doi.org/10.19073/2658-7602-2019-16-4-538-544.
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Gretton, George. "William J Stewart, Reparation: Liability for Delict." Edinburgh Law Review 8, no. 2 (May 2004): 287. http://dx.doi.org/10.3366/elr.2004.8.2.287b.
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Zitzke, Emile. "Transforming age-related capacity for fault in delict." South African Law Journal 138, no. 2 (2021): 369–98. http://dx.doi.org/10.47348/salj/v138/i2a5.
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For a wrongdoer to have ‘capacity for fault’ in the South African law of delict, it is widely accepted that the wrongdoer must possess the ability to distinguish between right and wrong (cognition) and the ability to act in accordance with that appreciation (conation). One factor that affects a person’s capacity for fault is youthfulness. There are two schools of thought on age-related capacity for fault in the South African law of delict. On the one hand, Van der Walt & Midgley are of the view that the common law stipulates the rules regulating this issue. In terms of this paradigm, the minimum age for capacity for fault is seven years. On the other hand, Neethling & Potgieter were, until very recently, of the view that the Child Justice Act should apply to the determination of a child’s capacity for fault. At the time of Neethling & Potgieter’s earlier writing, the minimum age for capacity for fault under the Act was ten years. Since June 2020, this age has been raised to twelve. In this article, the tension between these two schools of thought is analysed, and an attempt is made to resolve the tension through a proposal for a transformative, constitutional development of the common law of delict.
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Ahmed, Raheel. "The Influence of "Reasonableness" on the Element of Conduct in Delictual or Tort Liability - Comparative Conclusions." Potchefstroom Electronic Law Journal 22 (October 7, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6122.
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In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict.
Fundamental similarities and differences among the different legal systems must be considered. France and South Africa follow a generalising approach to determining a delict while English and American law have a system of separate torts.
Even though English and American law do not explicitly refer to the requirement of conduct in tort law, it is generally implicitly required. This is the case whether one is dealing with the tort of negligence or the intentional torts. In French law too, a fait générateur (a generating, triggering, wrongful act or event) generally must also be present in order to ground delictual liability. The concept of fait générateur is broader than the concept of conduct found in the other jurisdictions in that it extends beyond what is regarded as human conduct. The conduct in all the jurisdictions may be in the form of a commission (a positive, physical act or statement) or an omission (a failure to act). The requirement that conduct must be voluntary is generally found in South African, English and American law (with an exception applying to mentally impaired persons) but not in France. Naturally, it is unreasonable to hold a person liable without conduct which results in the causing of harm or loss. In all the above-mentioned jurisdictions, it would generally be unreasonable to hold the wrongdoer liable in delict or tort law if the omission or commission does not qualify as some form of conduct. Thus the influence of reasonableness on the element of conduct in all the above-mentioned jurisdictions is implicit.
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Feldmanis, Laura. "The Principle of Trust for Exceptions to the Non-Regression Clause in the Case of Delict of Negligence." Juridica International 28 (November 13, 2019): 86–94. http://dx.doi.org/10.12697/ji.2019.28.10.
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The delict of negligence is defined in terms of violation of the duty of care. While that duty entails displaying the level of care required from anyone and necessary for communication in the relevant society, there is no comprehensive list of the standards pertaining to the duty of care, especially as would be foreseeable from an objective perspective. In addition, a question arises: in which case does the person have to take responsibility in accordance with the delict of negligence for damaging a person’s legal rights stemming from a crime committed by a third party, or rather is this specific person’s duty restricted to his own acts. While the answer may seem at first glance to be provided by the non-regression clause, in line with which a person’s intervention within a chain created by the person who caused the original threat rules out the possibility of accusing the person who caused the original threat, the matter is not so simple: exceptions to the non-regression clause exist, and it is not always applicable. Certain principles are employed in the dogmatics of penal law accordingly, to specify how the duty of care and objective predictability are substantiated and how to handle exceptions to the non-regression clause. One of these rules, which is an outgrowth of the traffic rules, is the principle of trust. Applied not just with regard to traffic but also in situations of division of duties and in relation to general communication between people, this principle has been confirmed in Estonian Supreme Court practice. The article considers two significant questions that arise in connection with the principle of trust: firstly, in what cases is there a reason to trust, and, secondly, where is there a reason to doubt? After addressing the meaning of the principle of trust, the paper examines the effect on liability in scenarios wherein the person who originally caused the threat acts out of negligence yet the threat caused by that person is actualised in the form of an act violating legal rights by another, realised in either delict of negligence or an intentional delict. Finally, the article presents the conclusion that it is important to investigate which element of the structure of delict the principle of trust belongs to.
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Harrington, J. Drew, and Bruce Frier. "A Casebook on the Roman Law of Delict." Classical World 84, no. 6 (1991): 500. http://dx.doi.org/10.2307/4350954.
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Dembitska, S. L. "ADMINISTRATIVE DELICT AS DANGER OF INCREASE OF OFFENCES." Juridical scientific and electronic journal 5 (2019): 153–56. http://dx.doi.org/10.32782/2524-0374/2019-5/35.
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Fagan, A. "The contract-delict interface and harm-causing omissions." Acta Juridica 2021 (2021): 203–42. http://dx.doi.org/10.47348/acta/2021/a8.
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Dale Hutchison co-authored two excellent articles on the contract– delict interface. Their focus was primarily on breaches of contract causing pure economic loss. This article extends the investigation to omissions which are in breach of contract and which cause physical harm to person or property. At the centre of the investigation is the Supreme Court of Appeal’s (majority) judgment in the case of Chartaprops 16 v Silberman 2009 (1) SA 265 (SCA). A harm-causing omission will be wrongful, for the purpose of delictual liability, only if it was in breach of a specific duty. To date, our law has recognised only a small number of such specific duties. The Chartaprops judgment seems to recognise another, arising – in a way which is not clearly explained in the judgment – from the contractual duties by which the harm-causer and certain third parties are bound. In a series of steps, this article develops an account of that duty, culminating in the following formulation, which is meant to capture both the duty’s ground and its content: ‘If a person has contracted with another person to perform a task and knows (or ought to know) that the other person has contracted with him to perform that task in order to discharge a delictual duty owed by the other person to one or more further persons, then he owes those further persons a specific duty, the breach of which constitutes a wrong for the purposes of Aquilian liability, not to cause harm to them by negligently having contracted with the other person to perform that task and then failing to perform it.’
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Petrović, Milan. "Contract, quasi-contract, delict and quasi-delict as the fundamental legal facts and legal technique: A contribution to legal statics." Zbornik radova Pravnog fakulteta Nis 57, no. 80 (2018): 15–36. http://dx.doi.org/10.5937/zrpfni1880015p.
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Jourdy, Yohann, Mathilde Fretigny, Fanny Lassalle, David Lillicrap, Claude Negrier, Patrice Bouvagnet, and Christine Vinciguerra. "The Highly Prevalent Deletions in F8 Intron 13 Found in French Mild Haemophilia a Patients Result of Both Founder Effect and Recurrent De Novo Events." Blood 132, Supplement 1 (November 29, 2018): 2489. http://dx.doi.org/10.1182/blood-2018-99-111791.
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Abstract Background: Genetic variations that are found at a relatively high frequency can be the consequence of a founder effect or repeated de novo events. Recently, our group has identified an intronic deletion, c.2113+461_2113+473del [DEL13T], in the F8 intron 13, in two mild haemophilia A patients. This deletion removed a part of the poly(T)-tail from the right arm of antisens AluY element and led to AluY exonisation. Then, deletions in the poly(T)-tail of AluY in F8 intron 13, from 10 to 14 pb in size, were found in approximately 6% of all cases of mild haemophilia in France. Aim: In this study, we determined whether these highly prevalent deletions are the result of recurrent molecular mechanism or of a founder effect. Methods: Haplotype reconstruction was performed after analysis of F8 extragenic and intragenic polymorphic markers in 71 unrelated French mild haemophilia A patients carrying a deletion in the poly(T)-tail of AluY in F8 intron 13 (c.2113+460_2113+473del [DEL14T] n=1; DEL13T, n=62; c.2113+462_2113+473del [DEL12T], n=2; c.2113+463_2113+473del [DEL11T], n=5 and c.2113+464_2113+473del, n=1 [DEL10T]) and in 50 non-haemophilia A subjects. The ESTIAGE tool was used to estimate the age of the DEL13T. Nineteen genetically unresolved mild Haemophilia A patients from Queen's University, Canada, were also included in the study. All patients and controls gave informed consent for genetic studies. Results: Two intragenic (STR13 and STR22) and 3 extragenic (DXS8061, ST14 and DF2) microsatellites were investigated in the DNA of the 71 mild haemophilia A patients. This set of polymorphisms markers covered a genomic region of 2,779,113 nucleotides (4.17 cM). Among the 62 patients carrying the DEL13T, 60 patients had the same allele for the marker directly flanking the deletion on the centromeric side (STR13, genetic distance 0.0062 cM). Two of them differed from the others at the next centromeric maker STR22 (genetic distance 0.2047 cM) and 20 patients differed from the others at ST14 (genetic distance 3.4237 cM). On the telomeric side, only 8 patients differed from the others at DF2 (genetic distance 0.0292 cM). None of control individuals shared such haplotypes with these 60 patients. These results provided evidence that the founder effect hypothesis was very plausible for the variant DEL13T. The ESTIAGE tool estimated that the DEL13T occurred about 61 generations ago (95% CI : 51-74 generations). Assuming that a generation spanned 25 years, the French common ancestor carrying the c.2113+461_2113+473del was estimated to have lived between the 2th and the 8th century. However, two patients carrying the DEL13T and 9 patients carrying the other deletions (DEL10T, DEL11T, DEL12T and DEL14T) had a different haplotype suggesting that these deletions arose independently. In order to support the hypothesis of a recurrent molecular mechanism, we have investigated the presence of these deletions in other geographies. F8 intron 13 deletions were found in 3/19 Canadian patients included in this study (DEL13T, n=2 and DEL10T, n=1). Haplotype analysis performed in these three patients suggested a de novo mechanism for two of them. Conclusion: This study supports both a founder effect for the c.2113+461_2113+473del in the French mild haemophilia A patients and a recurrent molecular mechanism leading to deletion in the poly(T)-tail of AluY in F8 intron 13. We recommended that these deletions be specifically investigated in all mild haemophilia A patients in whom no genetic abnormality has been detected by standard genetic analysis. Finally, these results suggest that large poly(T)-tail of inverted Alu elements may be a mutational hot spot and such deletions leading to alu-exonization, could occur in other genes. Disclosures Negrier: Sobi/Bioverativ: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Octapharma: Honoraria, Research Funding; CSL Behring: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Novo Nordisk: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Alnylam: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Pfizer: Honoraria, Membership on an entity's Board of Directors or advisory committees; LFB: Honoraria, Membership on an entity's Board of Directors or advisory committees; Baxalta/Shire: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Bayer: Honoraria, Research Funding; Roche: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding.
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Magnet, Joseph Eliot. "Administrative Delicts: A Case Study in Unlawful Municipal Administration." Revue générale de droit 16, no. 1 (May 2, 2019): 153–65. http://dx.doi.org/10.7202/1059314ar.
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Municipalities are prone to abuses of power by elected officials. The law books overflow with examples of municipal illegality. This threatens the rule of law. Courts require sufficient remedial authority to maintain the rule of law. An adequate remedy would simultaneously correct the illegal situation, deter repetition, compensate those injured, channel public outrage and, in certain cases, allow supervision of corrupt governmental processes or officials. To satisfy these requirements, a new head of liability is needed. Liability in damages should be imposed for intentional jurisdictional excess. The developing doctrine of administrative delict would provide for damages for deliberate and malicious abuse of power. Damages for an intentional or negligent failure of an individual or administrative body to operate within jurisdiction should be available either against the individual in his personal capacity or against the administrative body. Because many of the wrongs suffered as a result of the illegal use of power are intangible, exemplary damages should be readily available in an action for administrative delict. This remedy would also enable the courts to consider deterrence and breach of public trust in assessing the award. It is the responsibility of administrative law to maintain a sense of orderliness in public administration. The theory of administrative delict needs doctrinal nourishment in order to restrain the abuses of authorities imbued with statutory power.
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Sirks, A. J. B. "Noxa caput sequitur." Tijdschrift voor Rechtsgeschiedenis 81, no. 1-2 (2013): 81–108. http://dx.doi.org/10.1163/15718190-1303a0005.
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Generally it is assumed that caput in the phrase noxa caput sequitur refers to the delinquent slave or filius familias. The liability for the delict is attached to his person. It is argued, however, that caput refers to the pater familias of the delinquent. The Twelve Tables contained a rule on their direct and personal liability (with surrender to the autorities). The introduction of the edicts on furtum and the lex Aquilia, with the direct and exclusive liability of the pater familias for the wrongdoings of those, subjected to his potestas, led to a correction: the pater could now refuse to defend them and surrender them to the authorities, or engage in the process, with afterwards still the possibility to surrender, now to the plaintiff. The phrase as such refers then to the inclusion of the decemviral rule on liability of persons subjected to patria potestas, into the formulas for the delicts.
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Fallon, Marc. "Proposition pour une convention européenne sur la loi applicable aux obligations non contractuelles." European Review of Private Law 7, Issue 1 (March 1, 1999): 45–68. http://dx.doi.org/10.54648/233266.
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In the document the text of which is set out below, the European Group of Private International Lawyers makes a proposal for legislation complementing the Rome Convention of 19 June 1980 on the law applicable to contractual obligations, by covering non-contractual obligations which arise from a harmful event or a quasi-contract. In matters of quasi-delict, even though from the comparative point of view the dominant conflict of laws rule is the application of the lex loci delicti, it is well known that this rule is subject to many slight variations from one country to another, in particular when the act which causes the damage and the damage itself occur in different states. The proposal draws as much inspiration as possible from the Rome Convention. While leaving scope for the application of the lex loci delicti, it is based on the application of the law of the country with which the situation has the closest connection, and it establishes various presumptions in order to maximise the foreseeability of the applicable law. A general presumption gives priority to the fact that the parties are habitually resident in the same country. Special presumptions try to take account of substantive law policies, by giving priority to the place where the damage arose.
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Ярошенко, Наталья, and Natalya Yaroshenko. "Foundations of Constitutional Legal Responsibility in the Field of Normative Control." Journal of Russian Law 2, no. 1 (December 12, 2013): 101–12. http://dx.doi.org/10.12737/1821.
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The author´s concept “constitutional delict” of the compliance assessment sphere is given, bases of realization of constitutional and legal responsibility are considered, problems of attraction to constitutional and legal responsibility in Russia are revealed.
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Bochkov, V., and A. Gabibova. "Administrative Delict Organizations and Criminal Acts of Natural Persons." Bulletin of Science and Practice 5, no. 5 (May 15, 2019): 395–98. http://dx.doi.org/10.33619/2414-2948/42/54.
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Glenn, H. Patrick. "Class Actions and the Theory of Tort and Delict." University of Toronto Law Journal 35, no. 3 (1985): 287. http://dx.doi.org/10.2307/825676.
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Robinson, Olivia. "Justinian's Institutional Classification and the Class of Quasi-Delict." Journal of Legal History 19, no. 3 (December 1998): 245–50. http://dx.doi.org/10.1080/01440361908539578.
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Rousseau-Houle, Thérèse. "Le droit de recours de l'entrepreneur contre l'ingénieur ou l'architecte à la lumière d'arrêts récents de la Cour suprême." Chronique de jurisprudence 20, no. 3 (April 12, 2005): 625–38. http://dx.doi.org/10.7202/042331ar.
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This paper surveys recent Supreme Court decisions dealing with the relationship between building contractors and architects or engineers participating in the same project. Normally, the agreement between the owner and the architect or the owner and the engineer vests no rights in the building contractor. The latter may only sue the architect or the engineer on an extra-contractual basis. Proceedings may then take the form of a recursory action, where the contractor, having been held jointly and severally liable towards the owner, attempts to have the architect or engineer take their share of liability. Alternatively, proceedings could be taken on the basis of a delict, in cases where negligence is alleged by the contractor against the architect or engineer. The Supreme Court seems inclined to view the problem from a contract perspective, and to restrict opportunities to sue on the basis of a delict.
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Garwol, Milena. "Kształt odpowiedzialności dyscyplinarnej prokuratorów w świetle Prawa o prokuraturze – wybrane problemy." Studia Iuridica 69 (September 11, 2017): 75–85. http://dx.doi.org/10.5604/01.3001.0010.4189.
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The material aspect of disciplinary responsibility regulated in the new act that came into force on 4th March 2016 is described in this short essay. The most interesting thing to deliberate on is the article 137 § 2 which says that the prosecutor is not disciplinary liable if they acted only in general interest. This clause is really controversial not only because of its wide content but also ambiguous character (analysed from the perspecitve of the five – element structure of a delict). It is not an easy task to prejudge if the prosecutor does not commit the delict or is not subjected to the penalty if acting in the general interest. More arguments against the first statement are found. The terminologial disorder included in the Penal Code and the consequences for an individual (eg. the possibility to self – defence, civil responsibility of the state) lead to propose this thesis.
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Caamiña Domínguez, Celia M. "El foro especial en materia delictual o cuasidelictual y la compensación por copia privada: Asunto c-572/14, Austro-Mechana = Jurisdiction in matters relating to tort, delict or quasi-delict and private copying levy Case c-572/14, Austro-Mechana." CUADERNOS DE DERECHO TRANSNACIONAL 9, no. 2 (October 5, 2017): 623. http://dx.doi.org/10.20318/cdt.2017.3890.
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Resumen: El presente trabajo analiza la STJUE de 21 de abril de 2016, relativa a un litigio entre Austro-Mechana, sociedad austriaca de gestión de derechos de autor, y la empresa Amazon. La cuestión prejudicial tiene por objeto la interpretación del art. 5.3 del Reglamento 44/2001, en una reclamación del canon por copia privada previsto en el Derecho austriaco.Palabras clave: Reglamento 44/2001, materia delictual o cuasidelictual, compensación por copia privada.Abstract: This article deals with the Judgment of the Court (First Chamber) of 21 April 2016, related to a dispute between a copyright-collecting society (Austro-Mechana) and Amazon. The request for a preliminary ruling concerns the interpretation of Article 5(3) of Council Regulation (EC) No 44/2001 in a claim seeking to obtain a private copying levy due by virtue of the Austrian Law.Keywords: Council Regulation (EC) No 44/2001, matters relating to tort, delict or quasi-delict, private copying levy.
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Sambor, M. "Адміністративний розсуд в адміністративно-деліктному праві." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav spec. 2, no. 2 (September 21, 2018): 115–21. http://dx.doi.org/10.31733/2078-3566-2018-2-115-121.
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Santaolalla Montoya, Cayetana. "La interpretación necesaria del derecho de la competencia desde un enfoque ius internacional privatista = The need to consider antitrust law from a private international law approach." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 527. http://dx.doi.org/10.20318/cdt.2019.4631.
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Resumen: Tradicionalmente, el Derecho de la competencia se ha interpretado desde el Derecho administrativo y el Derecho mercantil, pero cada vez resulta más necesaria la interpretación desde el Derecho Internacional privado, para determinar el juez competente y la ley aplicable, cuando concurran elementos transfronterizos. Desde un punto de vista calificatorio, las infracciones a las normas de defensa de la competencia, se consideran materia extracontractual (a pesar de que hay casos contractuales), lo que remite al artículo 7.2 del Reglamento Bruselas I bis y al Reglamento Roma II. Por su parte, los artículos 101 y 102 TFUE son leyes de policía. La jurisprudencia del TJUE resulta esclarecedora y crucial, mientras no se apruebe un Reglamento europeo que confirme la naturaleza de las infracciones a las normas de competencia.Palabras clave: derecho de la competencia, derecho internacional privado, extracontractual, ley de policía, cartel damage claims.Abstract: Traditionally, Antitrust Law has been interpreted from administrative law and commercial law, but it is increasingly necessary interpretation from private international law, to determine the competent judge and the applicable law, when cross-border elements concur. From a qualifying point of view, breaches of the rules of defense of competition are considered matters relating to tort, delict or quasidelict (although there are cases relating to contracts), which refers to article 7.2 of the Brussels I recast and the Rome II Regulation. Besides, articles 101 and 102 TFEU are overriding mandatory rules. The jurisprudence of the CJEU is enlightening, pending the adoption of a European Regulation confirming the nature of the infringements of the competition rules.Keywords: antitrust law, private international law, relating to tort, delict or quasi-delict, overriding mandatory rule, cartel damage claims.
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Fagan, Anton. "The German Origins of a South African Dogma about Delict." Rabels Zeitschrift für ausländisches und internationales Privatrecht 76, no. 4 (2012): 967. http://dx.doi.org/10.1628/003372512802734931.
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Grishkovets, Aleksey A. "Is the Term Delict Admissible in the Administrative Law Science?" Administrative law and procedure 8 (July 29, 2020): 13–17. http://dx.doi.org/10.18572/2071-1166-2020-8-13-17.
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Blaikie, James. "Choice of Law in Delict and Tort: Reform at Last!" Edinburgh Law Review 1, no. 3 (May 1997): 361–68. http://dx.doi.org/10.3366/elr.1997.1.3.361.
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Dyrda, Łukasz. "Stosowanie deliktowych łączników lokalnych do zdarzeń mających miejsce na pokładzie statku morskiego lub powietrznego w unijnym prawie prywatnym międzynarodowym." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 109–39. http://dx.doi.org/10.31261/pppm.2019.24.05.
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The article is aimed at determining the relevance of the flag state (regarding vessels) and the country of registration (regarding aircrafts) principles for the purpose of the application of territorial connecting factors (the place of the event giving rise to damage (place of acting) and the place where the damage occurred (place of damage)) employed by article 7(2) of the Regulation No 1215/2012 (Brussels I bis Regulation) providing a special jurisdiction rule in matters relating to tort, delict or quasi-delict and by article 4(1) of the Regulation No 864/2007 (Rome II Regulation) specifying the law applicable to a non-contractual obligation arising out of a tort or delict. The flag state and the country of registration principles could be taken into account when circumstances constituting the event giving rise to damage or the damage itself are situated on board of a vessel navigating in or an aircraft flying through the areas outside the sovereignty of any state (in particular the High Seas). The reference to the flag state or the country of registration instead of the sovereignty in order to identify the member state whose courts have jurisdiction pursuant to article 7(2) of the Brussels I bis Regulation or the statewhose law is applicable according to article 4(1) of the Rome II Regulation may also be possible in cases when the determination of the place where the event giving rise to damage occurred or where the damage occurred is difficult or even when the competent jurisdiction and the applicable law identified based on the sovereignty over the area where the vessel navigated or the aircraft flew at the moment when the event giving rise to damage occurred or damage occurred does not materialise the closest connection principle.
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Sudaryanto, Agus, and Sigid Riyanto. "EKSISTENSI DELIK ADAT DI LINGKUNGAN MASYARAKAT SENTOLO, KABUPATEN KULONPROGO YOGYAKARTA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 1 (February 15, 2016): 46. http://dx.doi.org/10.22146/jmh.15866.
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This research is empirical law research. The collecting data were analyzed by qualitative and presented descriptively. The research can be concluded as follows: reasons for maintaining delict adat law are religious environment, maintaining norms politeness, adat executed as long as no conflict with the written law and the protection of women. Types of sanction are warning in a visit at night, asked to leave the house for interrogation, community sanctions; the reasons of sanction are near the mosque, maintaining delict adat law, neglection of verbal warning, anticipation pregnant before marriage and aruh-aruh culture must be maintained. Jenis penelitian ini adalah yuridis empiris. Data yang terkumpul dianalisis secara kualitatif dan disajikan deskriptif. Kesimpulan riset adalah: Pertama, alasan mempertahankan hukum delik adat karena lingkungan riligius, menjaga norma kesopanan, adat dijalankan asalkan tidak berbenturan dengan peraturan tertulis dan perlindungan perempuan. Kedua, proses penerapan sanksi masyarakat adalah peringatan dalam bertamu di malam hari, diminta keluar rumah untuk diinterogasi, diberi sanksi yang ditentukan musyawarah masyarakat. Ketiga, alasan penjatuhan sanksi pengusiran adalah lingkungan dekat masjid, mempertahankan hukum delik adat, tidak mengindahkan peringatan, pencegahan hamil di luar nikah, perlunya budaya aruharuh (tegur sapa) harus dipertahankan.
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Liivak, Taivo, and Janno Lahe. "Delictual Liability for Damage Caused by Fully Autonomous Vehicles: The Estonian Perspective." Masaryk University Journal of Law and Technology 12, no. 1 (June 29, 2018): 49–74. http://dx.doi.org/10.5817/mujlt2018-1-3.
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Self-driving vehicles have become a reality. For instance, in the summer of 2017, self-driving buses carried passengers on a designated route in Estonia's capital Tallinn. Regrettably, traffic accidents involving self-driving vehicles have also become a reality. This article focuses on fully autonomous vehicles. The safe and responsible use of fully autonomous vehicles calls for appropriate rules and an appropriate allocation of liability. Above all, fully autonomous vehicles pose a challenge to the law of delict. The article seeks to establish, based on the example of Estonian law, whether the application of delictual liability is affected by the autonomy of a vehicle and, if so, whether related differences are significant, and whether the law of delict needs to be modified in the light thereof. The issues are discussed primarily in the context of Estonian law, but parallels with German law are drawn as well. The conclusions drawn are more or less universal and can be taken into account also in other jurisdictions besides Estonia. The article analyses liability for damage caused by fully autonomous vehicles under general delictual liability, strict liability and product liability.
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Anwar, Reski. "Eksistensi Pemaknaan Santet pada Pembaharuan Hukum Pidana." ISLAMITSCH FAMILIERECHT JOURNAL 2, no. 01 (June 23, 2021): 1–15. http://dx.doi.org/10.32923/ifj.v2i01.1700.
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This paper discusses about witchcraft which is one of the controversial delict in draft criminal law september 2019 (RKUHP) in Indonesia. This is because most of the general public assumes that witchcraft is believed to be an act that can harm people, suffer and or even kill people. However, in accordance with the principle of legality and the difficulty of proof, witchcraft deeds so far can not be entered into the realm of justice so that it is not uncommon for people accused of witchcraft to lose their lives without going through legal process. Therefore, in this study by analyzing the witchcraft delict in the construction of RKUHP this study uses normative legal research methods whose data are obtained through literature studies. The results obtained revealed that witchcraft is a criminal act that must be constructed into the category of delik formil whose proof does not necessarily lead to the existence or absence of a supernatural force it self owned by the perpetrator or individual. However, what can be used as a delik is a criminal act committed that is a person who deliberately announces himself to have supernatural powers as article 252 paragraph 1 RKUHP.
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Ladutko, V. K. "Administrative and delict policy of the Republic of Belarus: trends, achievements, increasing the efficiency of realization." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 67, no. 1 (February 3, 2022): 110–17. http://dx.doi.org/10.29235/2524-2369-2022-67-1-110-117.
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This article discusses the main trends, achievements and problems of forming and implementing the administrative and delict policy of the Republic of Belarus as a strategy of governing the state to ensure law and order, combating administrative offenses in various spheres of public relations. The modern tasks of the state predetermine the transformation and new trends in the development of administrative and delict policy of the state. The most striking manifestation of these changes is the reform of the law on administrative offences. The main innovations of the law on administrative offences, provided for as a result of its reform, are presented. In order to improve the efficiency of the formation and implementation of administrative and delicate policies, the need for legal forecasting tools for the consequences of new prohibitions and measures of administrative and legal coercion is justified. A system of indicators has been developed to conduct a full cycle of assessment of the regulatory impact of administrative law. The expansion of the subjects and facilities for assessing the regulatory impact of regulations in the application of administrative and legal coercion measures is justified.
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Giliker, Paula. "European Tort Law: Five Key Questions for Debate." European Review of Private Law 17, Issue 3 (June 1, 2009): 285–304. http://dx.doi.org/10.54648/erpl2009021.
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Abstract: Recent years have seen the publication of the Principles of European Tort Law, the principles on Non-Contractual Liability Arising out of Damage Caused to Another, and in 2008, the Draft Common Frame of Reference (DCFR) containing principles, definitions, and model rules not only on the law of contract but also the law of tort or delict. Although primarily academic exercises, these publications raise the possibility of the introduction of some form of harmonized European tort law as a practical reality. This article will not examine the substance of these texts but will instead focus more generally on a number of fundamental questions that require consideration prior to any possible move toward harmonization. Despite the lively debate in the context of European contract law, less attention has been given to the potential operational difficulties facing any future harmonization of the law of tort or delict, which, it is submitted, require particular attention in the light of its inclusion in the DCFR. This article will therefore highlight the need for a broader debate if these projects are to form the basis of any future instrument.
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Thomson, J. M. "Principle or Policy? The Judicial Development of the Law of Delict." Current Legal Problems 56, no. 1 (January 1, 2003): 123–51. http://dx.doi.org/10.1093/clp/56.1.123.
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Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 1 (July 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i1a2796.
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This first issue of 2007 covers a refreshing spectrum of legal disciplines ranging from cultural and linguistic issues, to the onus of proof in delict, the censorship debate and research methodology.Professor Elmene Bray of the University of South Africa analyses the complexities of the recent judgment of the Supreme Court of Appeal in a case involving the sensitive issue of the medium of instruction in public schools in South Africa.
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Brown, Jonathan. "‘Revenge porn’ and the actio iniuriarum: using ‘old law’ to solve ‘new problems’." Legal Studies 38, no. 3 (July 5, 2018): 396–410. http://dx.doi.org/10.1017/lst.2018.8.
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Abstract‘Revenge porn’ is conceptualised as a modern phenomenon which the law is not equipped to deal with. The advent of smartphone technology has allowed sexually explicit material to be created easily and disseminated quickly. An increasing number of individuals have fallen victim to this phenomenon in recent years. This paper submits that victims of revenge porn ought to be held due monetary redress in the civil law, while acknowledging that the damage done by revenge porn need not necessarily involve a loss. Victims of revenge porn are likely to suffer from severe emotional distress and upset, but these injuries are non-patrimonial. This can consequently make it difficult to frame an action for damages. This paper asks if the delict iniuria might offer appropriate remedy in instances of revenge porn. The actio iniuriarum was, in Roman law, a delict which served to protect the non-patrimonial aspects of a person's existence – ‘who a person is rather than what a person has’. As the propagation of sexually explicit images of an individual without their consent is clearly an affront to the esteem of that individual, it is argued that instances of revenge porn ought to be considered actionable as iniuria in modern Scottish law.
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Naumovski, Goce, and Nikolaj Prodanov. "The historical development of a delict against the state in ancient Rome." Zbornik radova Pravnog fakulteta Nis 58, no. 83 (2019): 93–103. http://dx.doi.org/10.5937/zrpfni19093n.
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