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Journal articles on the topic 'Injured party and defendant'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

Sundaram, Alagappan Meenakshi. "Dr ALM’s Medicolegal series -part 3 -Res Ipsa Loquitur - What does it mean in Medical Negligence?" SBV Journal of Basic, Clinical and Applied Health Science 7, no. 3 (2024): 112–15. http://dx.doi.org/10.4103/sbvj.sbvj_17_24.

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Abstract Res Ipsa Loquitur literally means “Things speak for itself”. Prima facie it appears to be a simple and easy maxim to understand and apply. However it is not as simple as it appears to be. Res Ipsa Loquitur is a maxim, the application of which shifts the burden of proof on the defendant. Generally, in a case it is the plaintiff who has to provide evidence to prove the defendant’s negligence. There is however, a change when this maxim is used. The burden of proof shifts to the defendant. There is a presumption of negligence on part of the defendant and it is upto him to prove his non-li

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2

Kulesza, Cezary. "Conflict between the Rights of Victim of a Crime and the Rights of the Accused under the German and Polish Justice System in the Context of the Case-law of European Courts." Studia Iuridica Lublinensia 29, no. 4 (2020): 135. http://dx.doi.org/10.17951/sil.2020.29.4.135-164.

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<p>The purpose of this article is to examine conflict between the rights of victims of crimes and the rights of defendants under the German and Polish justice system in the context of the case-law of European courts. The analysis covers two possible occurrences of this conflict: 1) in the cognitive sphere, including proving the defendant’s guilt or innocence, and 2) in the decision-making sphere, including initiation of a criminal applying preventive measures, and sentencing. The main thesis of the article is that in the Polish and German criminal process granting the injured parties not

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Vakili, Moghadam Mohammad Hosein. "Reevaluating Plaintiff Criteria and Third-Party Lawsuits in Civil Liability: A Comprehensive Analysis." Journal of Legal Studies 15, no. 4 (2023): 271–98. https://doi.org/10.22099/jls.2023.44322.4773.

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In the realm of civil procedures, the right to bring a lawsuit traditionally hinges upon the claim of the injured party seeking compensation for harm caused by the actions of the defendant. According to this conventional perspective, the initiation of a lawsuit by a third party, without the consent of the injured party, has been deemed inconceivable and lacking legal rationale. This article challenges the fundamentals of this prevailing approach, demonstrating that in specific cases where the beneficiary faces difficulties or is unwilling to engage in legal proceedings, the involvement of a th

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Sowiński, Piotr Krzysztof. "From “waiver of indictment” to “withdrawal of indictment”. Remarks on Article 14 § 2 of the Criminal Code." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020): 222–37. http://dx.doi.org/10.15584/znurprawo.2020.31.18.

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This article discusses the issues related to the application of regulations included in Art. 14, § 2 of the Criminal Code where the withdrawal of the indictment by the public prosecutor was regulated. Moreover, the results of such an activity and the conditions of its performance were indicated. The rights of the accused and the injured party related to the withdrawal of the indictment and also the prohibition of the re-indictment against the same defendant in relation to the same criminal Act were discussed.

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Healy, Deirdre. "Rehabilitation and litigation." Social Care and Neurodisability 3, no. 1 (2012): 40–43. http://dx.doi.org/10.1108/20420911211207062.

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PurposeThis paper aims to consider the advantages to using the Rehabilition Code within personal injury litigation.Design/methodology/approachThe paper is designed to take the reader through the key features of the Rehabilitation Code, how the Code is implemented on a practical level and the advantages to both Claimant and Defendant Advisors in utilising the Code.FindingsThe article highlights that the early provision of rehabilitation can make a significant and positive contribution to the life of an injured party. It actively encourages all parties involved in the litigation process to act i

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Hajdari, Azem. "Mutual Obligations of Parties in Criminal Proceedings-The Context of Kosovo." Asian Journal of Social Science Studies 2, no. 1 (2016): 83. http://dx.doi.org/10.20849/ajsss.v2i1.113.

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In Kosovo criminal procedure the position to be a party have the state prosecutor, defendant, and injured party. They have separate roles and clearly defined authorizations, which are linked to their procedural position. In order to achieve a fair and lawful trial, legislator gave them also several obligations which they have to fulfill to each other. Their mutual obligations mostly have to deal with the exchange of evidences, acquaintance with names of witnesses that shall be proposed to main trial, the aim of presenting an alibi etc. The importance of performing on time such obligations is d

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7

Milovanović, Dragana. "Procedure for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted." Zbornik radova Pravnog fakulteta Nis 60, no. 92 (2021): 259–76. http://dx.doi.org/10.5937/zrpfn0-33698.

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The Criminal Procedure Code of the Republic of Serbia provides special proceedings for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted (Chapter 25, Articles 583-595 CPC). The introduction of such proceedings in the Serbian criminal legislation is a consequence of an enormous number of acquittals, particularly in cases where the defendant has been subjected to the most serious security measure aimed at ensuring presence of the accused person in criminal procedure. These proceedings appeared to be necessary for the purpose of exercising the wrongfully det

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8

Hammersschall, Ute, Bart de Temmermann, and Franz Werro. "BGH, Urteil vom 7. Mai 1996, BGH - Zur Erstattung von Mietwagenkosten nach einem Verkehrsunfall." European Review of Private Law 7, Issue 1 (1999): 69–100. http://dx.doi.org/10.54648/233267.

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In this decision, the German Federal Supreme Court was once again concerned with the question of the extent to which car rental costs are to be reimbursed by the tortfeasor following a traffic accident, a question which has been frequently discussed in Germany in the last few years. The following set of facts, typical in practice, served as the starting point. The plaintiff's car, a BMW 316 i, was damaged in a car accident on 12 February 1993; in the circumstances it was undisputable that the first defendant and his liability insurer (who was also a defendant) were liable in full. Through the

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9

Franjić, Siniša. "The Witness Must Speak the Truth." Law and Economy 3, no. 3 (2024): 28–33. http://dx.doi.org/10.56397/le.2024.03.04.

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At the beginning of the testimony, the witness will be warned that he is obliged to tell everything he knows about the case, as well as that giving a false testimony is a criminal act. A witness may be asked to promise to tell the truth. After that, he or she will be asked for personal information and the relationship with the defendant and the injured party. He will be invited to present everything he knows about the subject, and then he will be asked questions for verification, completion and clarification. He or she will always be asked how he or she knows what he or she is testifying about

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10

Novita Fitria Azzahra, Farchanza Haykanna Pireno, Fitrya Putry Amanda, and Nadifa Keyla Ismail. "Analisis Yuridis Perkara Wanprestasi Transaksi Jual Beli Online Pada Putusan Pengadilan Nomor 629/Pdt.G/2020/Pn Jkt.Sel : Upaya Hukum Dan Perlindungan Konsumen." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 1, no. 4 (2024): 133–43. https://doi.org/10.62383/progres.v1i4.1005.

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With increasingly sophisticated technological developments, all sales and purchase transactions can be carried out online through various platforms including websites, social media, e-commerce and other platforms. However, online transactions can cause legal problems. One of the legal problems that often involves the sale and purchase agreement between the seller and the buyer is a breach of contract. Court Decision Number 629/Pdt.G/2020/PN Jkt.Sel is one of the cases of online sale and purchase breach involving Celvin as the buyer as the Plaintiff with Satrya as the owner of the brand "Namast

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Amalia, Rizky, Erni Agustin, Hilda Yunita Sabrie, Latifatur Rokhmah Adhami, and Nada Sophia. "THE DEVELOPMENT OF NEIGHBOR LAW IN INDONESIA." Jurnal Bina Mulia Hukum 8, no. 1 (2023): 63–77. http://dx.doi.org/10.23920/jbmh.v8i1.988.

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Neighbor law was born in the midst of community life to regulate and limit rights and obligations in neighborly relationships. One of the developments in neighbor law is the concept of servitude or property easement. Issues related to servitude right in Indonesia are still frequently encountered, often resulting in illegal actions that lead to losses for others. Therefore, based on several court decisions in Indonesia, it is necessary to conduct an in-depth study of property easements as a limitation on property rights and legal protection for those who are harmed in cases involving property r

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Mammadzada, Ilhama. "Azərbaycan cinayət mühakimə icraatında hüquqi şəxslərin iştirakının formalaşması mərhələlərinin təhlili". Azerbaijan Law Journal 24, № 3 (2024): 135–57. https://doi.org/10.61638/wfwi5466.

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This article explores the historical evolution of legal entities’ participation in Azerbaijan’s criminal proceedings, distinguishing five key developmental stages. During 1923–1960, legal entities were first referenced, yet their role remained limited, and they were not considered independent subjects of criminal liability. Between 1961 and 1990, their procedural status incrementally improved, though they still lacked recognition as fully accountable parties. Following independence in 1991 and the shift to a market economy (1991–2000), the significance of legal entities grew, despite ongoing c

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13

Neyers, JW. "Rights-based justifications for the tort of unlawful interference with economic relations." Legal Studies 28, no. 2 (2008): 215–33. http://dx.doi.org/10.1111/j.1748-121x.2008.00081.x.

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The tort of unlawful interference with economic relations is anomalous since it allows a plaintiff to sue a defendant for a loss that is occasioned by an unlawful act committed by that defendant against a third party. This parasitic liability is seemingly in violation of the basic tort law principle that in order to make out a claim what the plaintiff must show is a violation of her own rights, not merely a wrong to someone else. Thus, it appears that the tort is an instance of damnum absque injuria. This paper examines whether this is in fact the case by examining if there are any rights-base

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14

Madaoui, N. "Analysis of the legal aspects of civil and criminal liability in contracts." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 53–61. http://dx.doi.org/10.24144/2788-6018.2023.05.7.

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Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists. In general, civil liability refers to the legal responsibility for one's actions that result in harm to another person or entity. It is a legal obligation wherein the defendant must compensate the damages or follow the court's order with regard to the civil lawsuit . On the other hand, criminal liability refers to the legal responsibility for one's actions that violate criminal law and are punishable

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15

Beznițchi, Cristina. "Views on classification of criminal evidence." Revista Naţională de Drept 1-3 (March 15, 2018): 66–70. https://doi.org/10.5281/zenodo.3370342.

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This study analyses the classification of criminal evidence based on several criteria: depending on the link with the investigation object, evidence are divided into direct and indirect; depending on their nature, there are evidence for the defence and evidence for the injured party; depending on their source, there are primary and secondary evidence; depending on the way they have been produced, there are evidence obtained under special conditions and based on special investigation activities and traditionally obtained evidence. The classification of criminal evidence is a topical issue, bein

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16

Karner, Ernst, Peter Fitger, and T. Klicka. "BGH Urteil vom 30 April 1996 VI ZR 55/95: Neurose und Schmerzensgeld." European Review of Private Law 6, Issue 2 (1998): 249–55. http://dx.doi.org/10.54648/202947.

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The decision of the BGH was based on the following set of facts: As a result of a traffic accident in August 1983, the plaintiff, who was then 46 years old and worked as a telephone technical operator with the Bundespost, suffered serious injuries to the chest and throat. The plaintiff, who had already suffered injuries as a result of accidents in the years between 1965 and 1982 was almost completely unfit for work following the new accident. Stays in various different clinics brought no noticable improvement in his condition. In particular he suffered pains in the areas of the chest, abdomen

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17

Kadysheva, Olga V. "EAEU mixed agreements with third countries: issues of international responsibility." Lomonosov Law Journal 65, no. 4, 2024 (2024): 41–66. https://doi.org/10.55959/msu0130-0113-11-65-4-3.

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At present, cooperation between the Eurasian Economic Union and third countries is generally carried out within the framework of signed free trade agreements or agreements on trade and economic cooperation. By their legal nature, the EAEU’s agreements with third countries are “mixed” agreements, where not only the Union itself, but also all EAEU Member States act on one side. This raises doctrinal and practical problems due to the fact that in the EAEU states, when taking certain measures at the national level, often act in fulfilment of their obligations under the law of their integration ass

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18

Dantjie, Angel Heraria, and Surahmad Surahmad. "Legal Analysis of Default in Oral Lease Agreement (Case Study of Supreme Court Decision No. 2368 K/Pdt/2019)." Jurnal Daulat Hukum 8, no. 2 (2025): 160. https://doi.org/10.30659/jdh.v8i2.45526.

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Agreements are one of the main sources of civil legal relations in Indonesia. In practice, agreements are not always stated in written form, but are often made orally. This raises legal issues when a breach of contract occurs and the injured party files a lawsuit in court. This journal discusses the Supreme Court Decision No. 2368 K/Pdt/2019 between Flavianus Fexa versus Cau Phen as a concrete example of the validity of oral agreements and their proof in civil procedural law. The analysis focuses on the application of Articles 1320, 1234, and 1238 of the Civil Code and the Supreme Court's cons

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19

Tanaya, Velliana. "BENTUK KETERLIBATAN PEMEGANG SAHAM DALAM PERBUATAN MELAWAN HUKUM PERSEROAN TERBATAS YANG DAPAT MEMPERLUAS PERTANGGUNGJAWABANNYA." Law Review 17, no. 3 (2018): 175. http://dx.doi.org/10.19166/lr.v17i3.834.

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<p><em>Limited Liability Company is the most popular form of business entity in Indonesia because law acknowledges the principle of limited liability of its shareholders, which gives advantages for entrepreneurs running a business. Article 3 Subsection 1 Law No. 40 Year 2007 concerning Limited Liability Company stated that company’s shareholders are not personally liable for agreements made on behalf of the Company and are not liable for the Company’s losses in excess of their prospective shareholding. However, in Article 3 Subsection 2 there are some waivers of the principle, one

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20

Sonnekus, JC. "Aantekeninge: Verlowingsbreuk of troubreuk is geen egbreuk nie maar slegs nog in sommige moderne sosiale gemeenskappe as onregmatige daad erken?" Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 327–45. http://dx.doi.org/10.47348/tsar/2021/i2a7.

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Breach of promise by a betrothed is not met with the same sanctions as breach of contract. The disappointed previously engaged party cannot approach the court for an order against the other party for specific performance. The erstwhile future spouse cannot be compelled to enter into the envisaged marriage relationship notwithstanding the doubt that surfaced about the everlasting joyous nature of this union. For the same reason, no claim for positive interest as damages will be honoured by a court. The deserted betrothed cannot claim half of the estate of the other party because she was under t

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Dimov, Tatjana. "SUBROGATION IN INSURANCE CONTRACT." Knowledge International Journal 28, no. 6 (2018): 1985–91. http://dx.doi.org/10.35120/kij28061985t.

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Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle

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Ismail, Nurbazla, and Abdul Basir Mohamad. "LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK." Jurnal Syariah 29, no. 1 (2021): 155–74. http://dx.doi.org/10.22452/js.vol29no1.7.

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Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongl

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Basysta, Iryna. "Estimation of the Term of Pre-Trial Investigation when Studying Its Materials: Theory and Practice." NaUKMA Research Papers. Law 11 (October 26, 2023): 47–55. http://dx.doi.org/10.18523/2617-2607.2023.11.47-55.

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The analysis of court judgements established that the courts of first instance and the courts of appeal interpret and apply the provisions of Clause 10, Part 1 of Article 284, Part 5 of Article 219 of the Criminal Procedure Code of Ukraine differently. There are court rulings concerning the inclusion of the time when the defendant party did not yet have actual possession of the pre-trial investigation materials, based on the procedure described in Article 290 of the Criminal Code of Practice of Ukraine, into the timeframe of the pretrial investigation. This means including the time when the ac

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Hanipah, Bagio Kadaryanto, and Irawan Harahap. "PERTIMBANGAN HUKUM HAKIM DALAM PUTUSAN PERKARA DALAM KEBAKARAN HUTAN DAN LAHAN." Juris 8, no. 2 (2024): 517–33. https://doi.org/10.56301/juris.v8i2.1358.

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The judge decided on Article 99 in a case and chose to rule based on Article 99 paragraph (1), indicating that the judge assessed the environmental violation as being caused by negligence rather than intent. Therefore, the punishment imposed is lighter compared to the sanctions under Article 98 paragraph (1), although still severe, considering the environmental impact caused. The purpose of this study is to analyze the legal considerations of judges in their decisions on forest and land fire cases and to examine the legal provisions concerning the criminal act of forest and land burning in Ind

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Purnomo, Sigit, Rilawadi Saputra, and Kusbianto Kusbianto. "Onrechmatige Daad and Default on Supreme Court Decision Number: Number: 1120 K / Pdt/2022 Jo. Number: 342 / Pdt / 2021 / PT MDN 342 / Pdt / 2021 / PT MDN." Legalpreneur Journal 3, no. 1 (2024): 260–75. http://dx.doi.org/10.46576/lpj.v3i1.5130.

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Procurement agreements have a very important function in the development of the country's economy, the amount of state money involved in this agreement is very large. Failure to fulfill this feat is often the basis for the injured party not to execute the agreement. The existence of parties who do not run the agreement often arise disputes because there are parties who feel disadvantaged as a result of this. The purpose of this research is to: 1). Describe the form of unlawful acts and defaults in the implementation of the procurement of goods and services in the decision of the Supreme Court

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Schinkel, Maarten Pieter, and Jakob Rüggeberg. "Consolidating Antitrust Damages in Europe: A Proposal for Standing in Line with Efficient Private Enforcement." World Competition 29, Issue 3 (2006): 395–420. http://dx.doi.org/10.54648/woco2006029.

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One of the lessons from US private antitrust practice is that limitation of defendants’ and plaintiffs’ rights should not be imposed lightly. Three Supreme Court decisions in Hanover Shoe, Illinois Brick and ARC America denying the pass-on defence and limiting standing to sue have resulted in a complex system of multi-district and multi-party litigation that achieves neither fair compensation nor efficient deterrence. Excluding the pass-on defence in Europe is a first step in a similarly irreversible sequence of further corollary requirements. We caution against taking this route and instead p

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Hannah, Harold W. "The veterinarian as third party defendant." Journal of the American Veterinary Medical Association 198, no. 11 (1991): 1909. http://dx.doi.org/10.2460/javma.1991.198.11.1909.

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Prasetyo, Dicky Janu, Tami Rusli, and Anggalana Anggalana. "Tinjauan Yuridis Error in Persona dalam Penggadaian Sertifikat Hak Milik Yang Dijaminkan Kepada Koperasi Simpan Pinjam Bina Bersama (Studi Putusan Nomor 8/Pdt.G/2019/PN.Kbu)." Wajah Hukum 5, no. 1 (2021): 202. http://dx.doi.org/10.33087/wjh.v5i1.388.

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Error in Persona is an error in attracting a party who is considered to have the capacity or legal position to proceed according to the lawsuit filed. The mistake in drawing the party either as a plaintiff or as a defendant will result in the lawsuit containing formal defects. Error in Persona was filed by the defendant on the plaintiff's lawsuit because the lawsuit was directed at the wrong person / party. In a civil suit in the form of contetiosa, contentiosa is a civil suit containing a lawsuit for a dispute between the litigating parties, whose settlement examination is given and submitted

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KIM, Kuk-hwa. "A Study on the torture victims of the defendants in the Korean Communist Party Incident." Association for Korean Modern and Contemporary History 107 (December 31, 2023): 245–65. http://dx.doi.org/10.29004/jkmch.2023.12.107.245.

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The purpose of this article is to analyze the torture victim suffered by the defendant in the ‘Korean Communist Party Incident’. The Korean Communist Party incident refers to the trial of the first arrest of the Korean Communist Party in November 1925 and the second arrest of the Korean Communist Party, which began during the preventive custody of June 10th National Movement in 1926. The defendant was tortured during the police investigation and preliminary hearing, and was imprisoned as an undertrial prisoner for a long time in a harsh prison. The defendant became increasingly exhausted physi

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Hagerty, Bill. "Book Review: Injured party." British Journalism Review 25, no. 3 (2014): 86–87. http://dx.doi.org/10.1177/0956474814550604e.

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O'Dell, Eoin. "Restitution, Coercion by a Third Party, and the Proper Role of Notice." Cambridge Law Journal 56, no. 1 (1997): 71–79. http://dx.doi.org/10.1017/s0008197300017748.

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If a plaintiff makes a payment to a defendant under the coercion of a third party, it has been said that the plaintiff's action in restitution to recover the payment from the defendant is dependent upon whether the defendant had notice of the third party's coercion. That is an error, to which the analysis here is intended as a corrective. The true view is that the plaintiff's action in restitution is dependent only upon the fact of the coercion vitiating his consent; notice is relevant only to separate the question whether the defendant can rely on the defence of bona fide purchase for value w

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Kvastek, Aleksandar. "The position of the injured party in a prosecutorial investigation." Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 43–86. http://dx.doi.org/10.5937/gakv93-28592.

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This paper will analyse the position of the injured party in an investigation conducted by the public prosecutor's office, which was implemented in the Republic of Serbia in 2011. After we have given the definitions of the injured party and the difference with the term victim, as a criminological category, we will discuss whether the Serbian Criminal Procedure Code (2011) takes a step back when it comes to the position of the injured party in criminal proceedings. First of all, the ability of the injured party to become a subsidiary prosecutor was limited, as it was prescribed that the injured

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Овинников, Вадим, and Vadim Ovinnikov. "Legal Consequences of the Abuse of Rights." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, no. 1 (2019): 87–92. http://dx.doi.org/10.21603/2542-1840-2019-3-1-87-92.

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The paper features the sanctions for abuse of the right to an unconscientious person (violator). The ongoing reforms of civil law in the Russian Federation allowed legislators to expand the list of sanctions that can be applied for the abuse of rights. The author introduces a classification of violators that can be punished for the abuse of the right can be applied. The current judicial practice shows that it both victim and mala fide party may assume the roles of plaintiff, defendant, and a third party in court, depending on how they use and exercise their subjective rights within the framewo

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Khagazheev, M. A. "Some features of the resolution of property and inheritance disputes in the mountain verbal courts of the Kuban and Tersk regions in 1871–1918." ADYGHE INTERNATIONAL SCIENTIFIC JOURNAL 24, no. 1 (2024): 100–111. http://dx.doi.org/10.47928/1726-9946-2024-24-1-100-111.

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The article studies some features of solving property and inheritance disputes in the mountain word courts of the Kuban and Terek regions in 1871–1918. The specifics of their activities are studied on the records and statistical materials of the Yekaterinodar, Maikop and Balalpashinsky mountain word courts (MWC) in the Kuban region and Khasav-Yurtovsky, Groznensky, Vedensky, Shatoevsky, Nalchik, Nazranovsky and in the Terek region. The models of decision-making on typologically similar disputes and conflicts and their forms of documenting them were characterized common for all MWC; the specifi

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Grubac, Momcilo. "Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia." Temida 15, no. 2 (2012): 105–19. http://dx.doi.org/10.2298/tem1202105g.

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In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior

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Kułak-Krzysiak, Katarzyna. "Podmioty postępowania sądowoadministracyjnego." Przegląd Prawno-Ekonomiczny, no. 2 (1) (March 31, 2008): 41–49. http://dx.doi.org/10.31743/ppe.15117.

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Streszcznie dostępne wyłącznie w języku angielskim: The term ‘a party’ in the context of art.12, combines three kinds of bodies in administrative procedure. It includs a claimant and a defendant of administrative procedure and also a third party involved or according to the letter of statute‘a participant’. Therefore, at every instance the statute mentions that the claimant or defendant is entitled to a right, other participants are also entitled to it. A claim is decided by an independent administrative court. There are, however, two types of party entitled to bring a claim: these who are bri

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Koroed, Serhii. "Inadequate subject composition of the parties in a civil case as a new ground for restricting judicial jurisdiction: the problem of the official – defendant in civil proceedings (on example of a labor dispute)." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 409–20. http://dx.doi.org/10.33663/1563-3349-2022-33-409-420.

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Introduction: Recent case law of the new Supreme Court has pointed to the possibility of limiting the jurisdiction of courts in civil cases due to incorrect identifi cation of the defendant. Thus, in a labor dispute over the plaintiff ’s reinstatement as a schoolteacher, the Supreme Court closed the case because the lawsuit was fi led not against the school but directly against the school’s principal, whose actions the plaintiff challenged. This approach of the Supreme Court to civil jurisdiction is new and has not been the subject of scholarly research, in particular in terms of the legal imp

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Matyukhina, E. S. "Proper Party Defendant in a Domain Dispute Case." Actual Problems of Russian Law 19, no. 4 (2024): 100–106. http://dx.doi.org/10.17803/1994-1471.2024.161.4.100-106.

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The paper, based on judicial practice and statistics of the autonomous non-profit organization «Coordination Center for the National Internet Domain», examines the difficulty of determining the proper party defendant in a domain dispute case. The author associates the reasons for this problem mainly with the lack of legal regulation in the legislation of procedures for registering and administering domain names, as well as the process of resolving domain disputes itself. In order to determine the proper party defendant in a domain dispute case, the author of the paper analyzes the substantive

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Savčić, Sanja, and Nikolina Miščević. "Power of attorney in favor of a third party?" Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 1 (2022): 121–44. http://dx.doi.org/10.5937/zrpfns56-36828.

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According to the provision of Art. 75 of the Criminal Procedure Code, one or more defense attorneys may be selected and authorized by the defendant, or his legal representative, spouse, blood relative, adoptive parent, adoptive parent, brother, sister, foster parent and the person with whom the defendant lives in extramarital affairs, or any other permanent community of life, unless the defendant expressly objects. The aim of this provision is to provide professional defense to the defendant in criminal proceedings even when he is unable to provide it, but the relationship between the lawyer a

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Pajtić, Bojan. "Unjust enrichment: Comparative legal review." Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 3 (2023): 659–86. http://dx.doi.org/10.5937/zrpfns57-45194.

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Unjust enrichment is very highly positio ned as one of the sources of obligations in the Law on Obligations. Research of comparative legal literature (both doctrinal type and judgments of national courts) indicated significant differences in the attitude towards this institute both bet ween the legal systems of continental law and within the corpus of countries in which the so-called common law system is dominant. In the paper, a detailed analysis of both domestic and COM parative legal literature and court practice was carried out. During the research, special emphasis was placed on the legal

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Gurbiel, Agnieszka. "REQUEST FOR NOTIFICATION PURSUANT TO ART. 337A OF THE CODE OF CRIMINAL PROCEDURE – REGRESSION OR STRENGTHENING OF THE AGGRIEVED PARTY’S RIGHTS?" Studia z zakresu nauk prawnoustrojowych. Miscellanea VIII, z. 2 (2018): 79–86. http://dx.doi.org/10.5604/01.3001.0013.0362.

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The new provision of Article 337a, added to the Code of Criminal Procedure (CCP) through the amendment of 2016, pertains to circumstances of which the injured party is to be informed after the indictment is filed with the Court. Article 337a CCP sets out the obligation for the Court to inform the injured party, but only upon the party’s request, of the date and place of the hearing or the Court session on discontinuation of the proceedings under Article 17 § 1 points 2-11 CCP, discontinuation of the proceedings due to the absence of clear grounds for the accusations, conditional discontinuatio

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Woronkiewicz, Jacek. "Distribution of the Burden of Proof in the Claim Settlement Procedure in Voluntary Business Third Party Liability Insurance." Prawo Asekuracyjne 1, no. 110 (2022): 49–60. http://dx.doi.org/10.5604/01.3001.0015.7923.

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The article is an attempt to analyse the legal standing of the policyholder, the insurer and the injured party in the context of an obligation to collect evidence at the stage of the claim settlement procedure as part of handling claims under voluntary third party liability insurance contracts concluded by entrepreneurs. It is important to establish the limits of the obligations of the insurer, the policyholder and the injured party in the claim settlement procedure, and in particular to consider the property interests of the insured entrepreneur in relation to the interests of the injured par

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Al Sarairah, Ibraheim Saleh. "The Legal Regulation of Compensation for Consequential Damage in the Jordanian Civil Legislation." Journal of Arts and Social Sciences [JASS] 7, no. 2 (2016): 299. http://dx.doi.org/10.24200/jass.vol7iss2pp299-313.

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In legal language, damage is money paid to a plaintiff for injuries or losses suffered. It is possible that the impact of damage could extend to others who are associated or linked to the injured party and this is called ‘consequential damage’. In this specific case, the damage must be proven to be a direct and immediate consequence of the relevant fault. In fact, consequential damage is a direct harm to the other injured party. There are certain conditions that must be observed for the injured party to be compensated. These are: the injury must be directed to the original injured party, there

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Al Sarairah, Ibraheim Saleh. "The Legal Regulation of Compensation for Consequential Damage in the Jordanian Civil Legislation." Journal of Arts and Social Sciences [JASS] 7, no. 2 (2016): 299–313. http://dx.doi.org/10.53542/jass.v7i2.1122.

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In legal language, damage is money paid to a plaintiff for injuries or losses suffered. It is possible that the impact of damage could extend to others who are associated or linked to the injured party and this is called ‘consequential damage’. In this specific case, the damage must be proven to be a direct and immediate consequence of the relevant fault. In fact, consequential damage is a direct harm to the other injured party. There are certain conditions that must be observed for the injured party to be compensated. These are: the injury must be directed to the original injured party, there

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Altinok Ormanci, Pınar. "A Comparative Look at the Duty to Mitigate Loss: the Consequences of the Violation of This Duty." Juridical Tribune - Review of Comparative and International Law 14, no. 1 (2024): 27–46. http://dx.doi.org/10.62768/tbj/2024/14/1/02.

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The duty to mitigate loss is a general principle of law that serves to limit the liability of the party that has caused injury to the extent that the injured party has not demonstrated the diligence expected from the latter. However, this duty also serves the purpose of ensuring economic efficiency. While the classic understanding requires that, according to the principle of pacta sunt servanda, the interests of the injured party should be prioritized, today, the contract also refers to the cooperation between the parties. Therefore, reduction in the amount of claimable compensation should not

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Petričević, Ana. "Rights and obligations of the injured party in criminal proceedings." Glasnik Advokatske komore Vojvodine 96, no. 1 (2024): 166–208. http://dx.doi.org/10.5937/gakv96-41667.

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This paper analyzes the status of the injured party in the criminal proceedings of the Republic of Serbia. The discourse is divided into three sections. The first section discusses the rights afforded to a person injured by the commission of a criminal offense, including a critique of certain legal solutions and the presentation of a de lege ferenda proposal. The second section is dedicated to the relatively clear obligations of the injured party within criminal proceedings. The paper concludes with reflections and proposals aimed at enhancing the role of the injured party beyond their current

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Kelana Sembiring, Tuti, and Telaga Analin. "PENYELESAIAN SENGKETA JUAL BELI HAK ATAS TANAH YANG SERTIFIKAT KEPEMILIKANNYA BELUM DIBALIKNAMAKAN." JURNAL SAKATO EKASAKTI LAW REVIEW 1, no. 1 (2022): 34–41. http://dx.doi.org/10.31933/jselr.v1i1.541.

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Sale and Purchase is an agreement in which the binding party submits an object and the other party pays the agreed price, as regulated in Article 1457 of the Civil Code. Buying and selling transactions are often disputed in court. As in the case of disputes over the sale of land rights whose certificates of ownership have not been improved, the names of objects in this study. This research is descriptive, with a normative juridical approach with the support of an empirical juridical approach. The data used are secondary data as main data and primary data as supporting data collected through li

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Rahimi, Mohammad, Behnam Ensafi Azar, Mustafa Mandegar, and Mahsa Hosseini Moghadam. "Actions of the Injured Party in Mitigating Damages in the Practice of International Investment Arbitration." Interdisciplinary Studies in Society, Law, and Politics 4, no. 2 (2025): 189–95. https://doi.org/10.61838/kman.isslp.4.2.17.

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Compensation and damage mitigation constitute a significant part of processes related to claims arising from obligations and contracts. Considering the importance of actions by the injured party to prevent further damage in the realm of international investment arbitration, this study examines the role of the injured party in mitigating damages within arbitration practices. In light of the significance of damage mitigation, the central question of this research is: what responsibilities does the injured party bear in mitigating damages in the field of international investment? The findings of

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Fagan, Anton. "On making, reporting, and repeating defamatory statements." South African Law Journal 141, no. 1 (2024): 1–14. http://dx.doi.org/10.47348/salj/v141/i1a1.

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This note starts by distinguishing the making from the reporting of a defamatory statement, and both of these from the repetition of one. Thereafter, having introduced the general rule that a defendant who made or reported a defamatory statement about a plaintiff to a third party cannot avoid liability on the ground that she was merely repeating a statement made by a fourth party, the note goes on to discuss certain already-existing exceptions, and possible exceptions, to this rule. Finally, the note looks at whether our law should acknowledge a further exception, namely where a defendant repe

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Jeličić, Mladen. "SPORNA PITANJA U PRIMENI PROCESNE I ZAŠTITNE MERE ZABRANA PRISTUPA OŠTEĆENOM, OBJEKTU ILI MESTU IZVRŠENJA PREKRŠAJA." Journal of Criminology and Criminal Law 61, no. 2 (2023): 91–108. http://dx.doi.org/10.47152/rkkp.61.2.5.

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The author deals with the analysis of the effectiveness of the protection of the injured party in misdemeanor procedure. It was pointed out that it is realized in two ways, through a procedural measure prohibiting access to the injured party, object or place of misdemeanor, which is imposed during the misdemeanor procedure and can last until its final conclusion and by imposing a protective measure of the same name as a misdemeanor sanction. The analysis of the mentioned measures was performed and numerous omissions in the legal text were pointed out, which deprive the protection of the injure

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