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Journal articles on the topic 'Pecuniary liability'
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1
Borys, Adrian. "An Influence of Bankruptcy Declaration on Pecuniary Liability and Non-Pecuniary Liability of the Bankrupt." Studenckie Zeszyty Naukowe 20, no. 34 (February 15, 2018): 7. http://dx.doi.org/10.17951/szn.2017.20.34.7.
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Marian, Brindusa. "The Pecuniary Liability of the Employer." Procedia Economics and Finance 3 (2012): 1113–16. http://dx.doi.org/10.1016/s2212-5671(12)00282-1.
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Marian, Brindusa. "The Pecuniary Liability of the Employer." Procedia Economics and Finance 15 (2014): 1025–28. http://dx.doi.org/10.1016/s2212-5671(14)00664-9.
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Zalewski, Michał, and Kamila Fux-Zalewska. "Liability of physicans and dentists – key issues." Polish Journal of Public Health 126, no. 4 (December 1, 2016): 155–60. http://dx.doi.org/10.1515/pjph-2016-0032.
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Abstract Physicians and dentists can be held liable for commissions and omissions relating to the exercise of medical activity. Medical liability involves the obligation to redress the damage (harm) which occurred as a result of acts or omissions committed in the course of medical activity. Whether liability will arise depends on the occurrence of damage which stands in an adequate causal relationship to the event provided for in applicable regulations. This event may be non-performance or improper performance of a contract for the provision of medical services (contractual liability) or unlawful and culpable conduct in the exercise of medical action taken toward the patient who is not bound to the doctor by a legal relationship (tort liability). When a physician or a dentist is assigned a liability, he/she is obliged to redress the pecuniary damage and compensate for the non-pecuniary injury (wrong) suffered by the injured party.
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Zozulyak, O., and Y. Paruta. "PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 141–46. http://dx.doi.org/10.24144/2307-3322.2021.63.25.
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The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed.
It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract.
The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations. It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault.
The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed.
It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.
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Bogdanov, D. E. "Techno-Determinism in Private Law: Influence of Bioprinting on Developing the Concept of Protecting the Right to Digital Image." Вестник Пермского университета. Юридические науки, no. 50 (2020): 678–704. http://dx.doi.org/10.17072/1995-4190-2020-50-678-704.
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Introduction: the new technological revolution became a trigger in the development of the non-pecuniary benefits concept. In the context of digital transformation, personal privacy protection appears to be a serious problem. A person is found to be in a vulnerable position facing challenges of the new digital reality. This could be illustrated by the example of bioprinting since this technology is connected with digitalization of the human body and creation of its digital three-dimensional model. As a result, a person is becoming dependent on their three-dimensional digital embodiment in implementing their rights to life and health. Evolution in the concept of the right to personal image through recognition of the right to digital image appears as the private law response to the technological challenges. Purpose: to identify and analyze the major problems related to protection of the human right to digital image in bioprinting, as well as to determine an effective model of tort liability for encroachment on the personal digital image associated with the use of bioprinting technologies. Methods: dialectical, formal logical, functional, and other general scientific research methods, as well as special legal methods, including comparative legal and formal legal techniques. Results: the author has studied legal and philosophical problems associated with the bioprinting technology influence on the concept of protecting non-pecuniary benefits and its development; identified a trend associated with the evolution of the human right to digital image; considered the models of tort liability for encroachment on the personal digital image in European law in the comparative legal aspect; formulated prognostic conclusions concerning the model of liability for damage caused by violation of the right to digital image in Russian law. Conclusions: information about a person objectified in a digital three-dimensional model (CAD-file) deserves special protection. The possibility of access and use of such information about a person creates serious risks of causing damage to them. A person’s vulnerable position in bioprinting technologies indicates the need to recognize an absolute non-pecuniary right with a person to their digital image registered in the corresponding digital model (CAD-file). The philosophical and legal concept of human vulnerability serves as a theoretical foundation for the elaboration of solutions aimed at creating an efficient set of tools for protecting the human right to digital image. This concept was manifested in the European law in expanding the possibility of compensation for non-pecuniary damage, its presumption in case of encroachment on non-pecuniary benefits, as well as establishment of the no-fault liability standard. It is necessary to introduce in Russian legislation a special tort establishing the no-fault liability standard for damage caused by encroachment on a personal digital image. Presumption of moral damage in such encroachments, as well as the possibility of recovering exemplary damages from a delinquent, would correspond to the goals of general and special prevention.
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Možina, Damjan. "Road Traffic Nuisance in Slovenia: State Liability for Non-pecuniary Damage." Review of Central and East European Law 43, no. 2 (May 31, 2018): 174–96. http://dx.doi.org/10.1163/15730352-04302003.
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This paper presents and critically analyses the case law of the Slovenian courts with regard to mass individual claims against the state due to nuisance from public roads and railroads. The courts have largely upheld these claims. In awarding monetary compensation for non-pecuniary loss, they have considered the fundamental right to a healthy environment to be a personality right. Moreover, they have held that the state is under a guarantee-like obligation towards the population in that noise arising from public roads and railways will not exceed the limit levels set by the Regulation on Limit Values of Environmental Noise Indicators. As a consequence, new mass claims are being filed, exposing the state to considerable liability. The author considers the approach taken by the civil courts in Slovenia to be misguided on several levels. A fair balance between should be sought public and individual interests. Upholding claims in full by individuals who did nothing to mitigate noise is inappropriate. The problem would be better dealt with by way of regulating noise protection; compensation by way of analogy to (partial) expropriation in the public interest should only be sought if noise protection measures are ineffective or disproportionate.
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Watts, Kim. "Managing Mass Damages Liability via Tort Law and Tort Alternatives, with Ireland as a Case Study." Journal of European Tort Law 11, no. 1 (July 3, 2020): 57–85. http://dx.doi.org/10.1515/jetl-2020-0134.
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AbstractMass harm events pose liability challenges for public authorities that may be difficult to resolve via tort. A State can use statutory and non-statutory compensation funds to manage and avert its liability to pay damages to individual citizen victims. Compensation funds eliminate or minimise the traditional concept of fault and often replace it with a no-fault structure, ideally enabling swift payment of compensation to individual victims via an administrative scheme. The Irish government has repeatedly used this kind of solution for groups including victims of contaminated blood products, individuals who suffered abuse as children in State-sanctioned institutions, victims of unnecessary obstetric procedures and other public health failings. This approach has been necessary because multi-party actions are generally unavailable in Ireland, and because of entrenched access to justice problems. The evidence of their use reveals a haphazard pattern and inconsistent treatment of victims. Irish funds have aimed to compensate both the pecuniary and non-pecuniary losses of victims, often in a mixed way. The Irish approach is unsatisfactory because of the trend towards low and homogenised levels of compensation, poor procedure and the lack of other realistic redress alternatives. Overall, these compensation funds have been predominantly advantageous for the State from a cost and liability minimisation perspective. The situation could be improved if future compensation funds were properly designed and supervised, supported by appropriate legislation, and cognisant of the surrounding legal landscape and compensation fund jurisprudence from other European jurisdictions.
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Volodko, Renata. "Draudiko pareigos kompensuoti neturtinę žalą problema esant transporto priemonės valdytojo civilinės atsakomybės draudimui." Teisė 66, no. 2 (January 1, 2008): 112–26. http://dx.doi.org/10.15388/teise.2008.2.381.
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Straipsnyje nagrinėjamas vienas iš aktualiausių ir itin kontroversiškai tiek civilinės teisės doktrinoje, tiek Lietuvos teismų praktikoje vertinamų transporto priemonės valdytojo privalomojo civilinės atsakomybės draudimo instituto taikymo aspektų – draudiko prievolės mokėti draudimo išmoką už neturtinę žalą, padarytą draudėjo tretiesiems asmenims, pripažinimo problema. Atskleidžiama neturtinės žalos instituto taikymo šios kategorijos bylose problematika, nevienodas „žalos asmeniui“ kategorijos suvokimas ir bandoma atsakyti į klausimą, ar esant šios rūšies draudimui apskritai kyla kokios nors draudiko prievolės neturtinės žalos kompensavimo procese, o jeigu taip, – kokios yra jo pareigų ribos ir santykis su tiesiogiai žalą padariusiu ar atsakingu už ją asmeniu, kokios yra teorinės ir praktinės nukentėjusio asmens pretenzijų draudikui patenkinimo galimybės. The article deals with one of the most actual and controversial for civil legal doctrine as well as for Lithuanian courts’ practice aspects of implementation of the institute of motor third party liability insurance – the problem of recognition of insurer’s obligation to pay indemnity in respect of non-pecuniary damage, caused by tortfeasor to a third party. The article reflects problematic aspects of implementation of the institute of non-pecuniary damage in this category of cases as well as divergent understanding of “personal damage” category. Such problematic questions as: whether insurer has any obligations in the process of compensation of non-pecuniary damage, what is the range of them; what are relations between insurer and person, directly responsible for non-pecuniary damage; what are theoretical and practical possibilities for satisfaction of claims for insurer, – are raised in the article.
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Novkirishka-Stoyanova, Malina. "Le pécule romain et l’origine de la responsabilite limitée en droit romain." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 4 (March 16, 2021): 672–725. http://dx.doi.org/10.24193/subbiur.65(2020).4.20.
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The study is a part of one deeper study on the Roman Law about the slaves and personae alieni iuris presented in its evolution. The accent is mainly on the emergence of the limited liability of the pater familias/ dominus in the case of contracts with pecuniary property. It is a study for the place of the actio de peculio among the other actiones adjectitiae qualitatis, the notion of the merx pexuliaris and the concessio particulii.
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Svendsen, Mathias Rose. "Constitutional Limitations on the Competence to Entrust the Exercise of Authority to Private Entities." European Constitutional Law Review 13, no. 04 (December 2017): 704–23. http://dx.doi.org/10.1017/s1574019617000323.
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Danish constitutional limitations – Entrusting executive power to private entities – Executive power involving coercive measures – A previous assumption – Use of physical force – Private prisons – Constitutional interpretation – Binding constitutional assumptions – Substantive limitations – Organisational limitations – External delegation under Danish administrative law – American constitutional law – Private entities’ fundamental self-interest – Conflicts of interest – Pecuniary or other personal interest – Healthcare legislation – The ministerial system – Democratic and legal liability – Judicial review – Ombudsman supervision – Constitutional organisation of state – The bulk of state executive power – Citizens’ constitutional rights and freedoms
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Voloshchenko, Olga M., and Olena A. Ustymenko. "MEDICAL ASPECTS OF VIOLATION OF THE RIGHT TO LIFE IN THE CONTEXT OF THE EUROPEN COURT OF HUMAN RIGHTS CASE LAW." Wiadomości Lekarskie 73, no. 12 (2020): 2785–88. http://dx.doi.org/10.36740/wlek202012214.
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The aim: The purpose of the paper is to raise awareness of the medical services subjects in the issues of establishment of the relationship between their activities and harm to patients, analysis of the case law of the ECHR and provision of practical recommendations for the prevention of violations of Art. 2 of the Convention with subsequent compensation for non-pecuniary and pecuniary damage. Materials and methods: The authors used the judgements of the European Court of Human Rights (ECHR) on medical research, international regulatory acts, publications of scholars in the field of medical law and legal doctrine in terms of liability of medical services providers for the violation of Art. 2 of the Convention. Conclusions: Aiming to ensure proper legal protection of the rights and legitimate interests of subjects of medical care, the authors have developed recommendations on how to prevent cases of violation of the right to life during the provision of medical services.
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Ryzhenkov, Anatoly J. "On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (May 25, 2021): 169–77. http://dx.doi.org/10.18500/1994-2540-2021-21-2-169-177.
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Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.
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Ognerubov, Nikolai Alekseyevich. "To the issue of legal liability for informational and mental iatrogenesis and their correlation." Current Issues of the State and Law, no. 10 (2019): 165–74. http://dx.doi.org/10.20310/2587-9340-2019-3-10-165-174.
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We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.
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MacCourt, Duncan, and Joseph Bernstein. "Medical Error Reduction and Tort Reform through Private, Contractually-Based Quality Medicine Societies." American Journal of Law & Medicine 35, no. 4 (December 2009): 505–61. http://dx.doi.org/10.1177/009885880903500402.
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AbstractThe current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called “Culture of Silence” in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform—a logical and strategic error, in our view.In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where physicians cede their implicit “right to remain silent,” even if some injured patients will receive less than they do today. Likewise, physicians will be happier with a system that avoids blame—even if this system placed strict requirements for high quality care and disclosure of error. We therefore conceive of de facto trade between patients and physicians, a Pareto improvement, taking form via the establishment of “Societies of Quality Medicine.” Physicians working within these societies would consent to onerous processes for disclosing, rectifying and preventing medical error. Patients would in turn contractually agree to assert their claims in arbitration and with limits on recovery. The role of plaintiffs' lawyers would be unchanged, but due to increased disclosure, discovery costs would diminish and the likelihood of prevailing will more than triple.This article examines the legal and policy issues surrounding the establishment of Societies of Quality Medicine, particularly the issues of contracting over liability, and outlines a means of overcoming the theoretical and practical difficulties with enterprise liability, alternative dispute resolution and the imposition of limits on recovery for non-pecuniary damages. We aim to build a welfare enhancing system that rebuffs the culture of silence and promotes error reduction, a system that is at the same time legally sound, fiscally prudent and politically possible.
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Knysh, S. V. "Legal liability for offenses in the health care sphere in Ukraine." Law and Safety 71, no. 4 (December 27, 2018): 43–49. http://dx.doi.org/10.32631/pb.2018.4.05.
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The author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine.
The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for health-related offenses in Ukraine.
The author has indicated on the existence of three forms of civil legal relations, which may arise in case of a patient’s claimant appeal in regard to a health care institution, namely: 1) between a physician and a patient; 2) between the health care institution and a patient; 3) between a physician and the health care institution. It has been noted that the overwhelming majority of claims brought by patients to health care institutions are claims for the compensation for material and non-pecuniary damage caused by decline caused by inadequate quality of medical care.
It has been found out that administrative liability for health-related offenses in Ukraine occurs, if these violations in their nature are not entrusted of criminal liability in accordance with the law. Criminal liability is the most severe form of legal liability of medical employees and pharmacists for offenses committed by them in the course of their professional activities.
The author has offered to conditionally divide the crimes committed by medical employees in regard to the exercise of their professional activities, into: crimes against the life and health of a person (a patient); crimes against the rights of a person (a patient); crimes in the field of economic activity on medical practice; crimes in the sphere of drugs, psychotropic substances, their analogues or precursors trafficking; other crimes committed by medical professionals in regard to their professional activities.
The author has studied the statistics of bringing medical employees and pharmacists in Ukraine to legal liability during 2013-2017. The author has supported the opinion that cases, where medical employees and pharmacists are the subjects, are admitted the most complex according to the degree of difficulty, because they need to find out special issues of medical nature. Most cases of bringing medical employees and pharmacists to legal liability are unjustified or inadequate.
The author has defined studying the issue of modernizing public health management in the context of European integration as the perspective direction of further scientific research.
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Чураев, Тальгат, and Talgat Churaev. "Criminal LIability for Restrait and Elimination of Competition." Journal of Russian Law 2, no. 12 (December 1, 2014): 0. http://dx.doi.org/10.12737/6588.
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The problem of protection of the competitive relations is the most urgent, among economic crimes. Its importance is caused by low level of the competition in the economy that is confirmed by the international estimates, prevalence of violations and a galloping rise in prices. The similar situation damages to citizens and society as a whole. For a solution of the problem at first we defined public danger of acts of restriction of the competition, by means of the principles of criminalization: accounting of importance of the public relations, infliction of harm, prevalence and dynamics of negative acts, and also the principle of definition of possibility of collateral consequences from establishment of a criminal ban. Importance of the public relations in the sphere of the competition is defined by the leading role of economy, as one of the main living conditions of society. Social and economic negative consequences of restriction of the competition: pecuniary losses of society, also industrial and dynamic losses from functioning of monopolistically structures and also in violation of the economic rights of citizens. The principle prevalence and dynamics of the socially dangerous acts is confirmed by quantity of administrative offenses, and also a rise in prices. Possibility of a collateral consequence from establishment of a criminal ban, consists in threat of violation of activity and development of large business and, respectively, losses of their competitiveness in the world market. Further we made the analysis of article 178 of the Criminal Code of the Russian Federation and the reasons of its small efficiency: in the presence of the material consequences and recurrence in case of abuse of a dominant position (abuses more than two times within three years). We suggest to institute criminal proceedings in case repeated administrative offense limiting the competition without material consequences. Also, we suggest to institute criminal proceedings if there is a material consequences without of the sign of recurrence. Besides, it is necessary to establish the open list of acts of limiting the competition.
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신동현. "Time of the occurrence of the liability for delay as to damages for non-pecuniary loss resulting from tort." kangwon Law Review 36, no. ll (June 2012): 205–32. http://dx.doi.org/10.18215/kwlr.2012.36..205.
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Wilhelm, Daniel F. "Treaties—Warsaw Convention—international air transportation—recovery of damages—loss of society—death in air crash—Death on the High Seas Act—maritime and admiralty law: Zicherman v. Korean Air Lines. 116 S.Ct. 629." American Journal of International Law 90, no. 4 (October 1996): 655–58. http://dx.doi.org/10.2307/2203993.
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Petitioners Marjorie Zicherman and Muriel Mahalek sought damages from respondent Korean Air Lines (KAL) under the Warsaw Convention governing international air transport, for loss of society of a family member killed aboard a commercial airliner downed by a Soviet warplane. In a cross-petition, KAL requested a determination that the Death on the High Seas Act (DOHSA) prescribed damages recoverable under the Convention and did not allow damages to be recovered for loss of society. The Supreme Court (per Scalia, J.) affirmed in part and remanded in part and held unanimously that the Convention did not permit family members to recover loss-of-society damages because (1) Article 17 of the Convention provides for carrier liability in passenger deaths or injuries but leaves the crucial definition of legally cognizable harm to be determined by domestic courts; (2) in the United States, DOHSA prescribes the substantive law covering air crashes on the high seas; and (3) DOHSA permits only pecuniary damages.
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Sõritsa, Dina. "Damages Subject to Compensation in Cases of Wrongful Birth: A Solution to Suit Estonia." Juridica International 24 (October 9, 2016): 105. http://dx.doi.org/10.12697/ji.2016.24.11.
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In cases of wrongful birth, parents seek compensation for any damage related to birth of a disabled child. The claim is made against the health-care provider for negligent failure to detect foetal defects, which has as a consequence loss of the opportunity of the parents to decide to terminate the pregnancy in a timely manner. Case law on this topic is absent in Estonia. Accordingly, the article proposes a reasoned solution for Estonian law on the question of recoverable damages in cases of wrongful birth through analysis of Estonian, German, and United States legal literature and case law. The grounds for the health-care provider’s liability under the Estonian Law of Obligations Act are analysed. The main focus is on analysis of compensation for the disabled child’s maintenance costs and non-pecuniary damage. Among other factors, the article examines the ethics dilemma of avoiding the birth of a disabled child, limits to compensation, and the extent of the damages due.
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Heiner, Tamás, and Tímea Barzó. "Topical issues of medical malpractices." Orvosi Hetilap 155, no. 38 (September 2014): 1510–16. http://dx.doi.org/10.1556/oh.2014.29970.
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The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients’ interests and wishes. The medical service is violated if it fails to meet patients’ interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in ‘trivial cases’, which might not require legal assessment, is delivered. Orv. Hetil., 2014, 155(38), 1510–1516.
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Minkovskyi, V. V. "CIVIL LIABILITY FOR MISUSE OF A TRADEMARK ON THE INTERNET." Actual problems of native jurisprudence 1, no. 1 (March 3, 2021): 46–49. http://dx.doi.org/10.15421/392110.
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The article considers the problematic issues of civil liability for misuse of a trademark on the Internet, namely: insufficient legal regulation of civil relations in the field of trademark use on the Internet; lack of a clear mechanism for establishing the owner of a website on which a trademark is illegally used; lack of a clear mechanism for determining the amount of non-pecuniary damage caused by the improper use of a trademark on the infringer’s website; lack of a clear mechanism for determining the amount of damages and lost profits for improper use of the trademark on the infringer’s website. It is proposed to solve these problems by making changes and additions to current legislation and the adoption of new regulations, as well as by creating a Unified State Register of website owners, following the example of the WHOIS database. Variants of illegal use of the trademark in the technical part of the website, namely in the meta tags keywords, title, description, are considered. In addition, special attention is paid to the analysis of the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, which revealed two approaches to calculating the amount of damage determining the amount of damages caused by a civil offense. Also, the analysis of the norms of the Civil Code of Ukraine, the Law of Ukraine “On protection of rights to marks for goods and services”, the Law of Ukraine “On protection of personal data”, which regulate this industry. Also, doctrinal researches of scientists concerning compensation of moral damage and losses, ways of illegal use of a trademark on the Internet are considered. Thus, within the framework of consideration of the specifics of moral damage, the subjective side is analyzed, namely the guilt of the offender. Problematic issues are considered, namely the violation of the violator’s illegal behavior and cases of creating a website on request.
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Biloshkurska, Z. P., and O. A. Polishchuk. "Economic and legal responsibility for non-fulfillment or improper fulfillment of contractual obligations." Collected Works of Uman National University of Horticulture 2, no. 97 (December 28, 2020): 126–42. http://dx.doi.org/10.31395/2415-8240-2020-97-2-126-142.
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The article covers the issue of legal liability for non-fulfillment of contractual obligations in the field of management. Issues of liability are regulated in accordance with current legislation — the Civil Code of Ukraine, the Commercial Code of Ukraine, and other regulations. They regulate the obligations of the parties to properly perform their obligations under the contract, which are guaranteed by measures of property liability imposed on the party that does not perform them to the other party or performs them improperly. The economic and legal responsibility depending on the types of economic offenses and the sanctions established for these offenses is investigated. For the first time in legislative practice, the Commercial Code of Ukraine proposed such a universal sanction as compensation for damages. Its universality lies in the fact that damages are not a sanction of a predetermined amount; their recovery (compensation) is provided in case of any economic offense, unless otherwise expressly provided by law. The article also provides a definition of non-pecuniary damage and the procedure for its compensation. The norm is new for economic legislation and it no longer applies to the offender, but to the injured party, ie the party in whose sphere of activity the losses occurred. The latter is obliged to take all necessary measures to minimize damages if it has been warned in a timely manner by the offender about the possible non-fulfillment of his obligation. Otherwise, the injured party is deprived of the right to compensation. The article covers the issue of joint and several compensation for damages caused by several participants in economic relations at the same time. The issue of voluntary compensation for damages, as well as the issue of filing claims and lawsuits were also considered.
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Slabbert, Magda, and Herman J. Edeling. "The Road Accident Fund and serious injuries: the narrative test." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 267. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2488.
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The Road Accident Fund Amendment Act 19 of 2005 came into effect on 1 August 2008. This Act limits the Road Accident Fund’s liability for compensation in respect of claims for non-pecuniary loss to instances where a “serious injury” has been sustained. A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an assessment prescribed in the Regulations to the Act. The practitioner has to complete a RAF 4 report. In doing so the practitioner must assess the injury in terms of the American Medical Association’s Guides to the Evaluation of Permanent Impairment (6th ed). If the injury is considered to have resulted in less than 30 per cent of the whole person impairment the medical practitioner should apply the narrative test. The article focuses on the narrative test but also discusses reasons why the regulations do not fulfil the requirements of the Act; reasons why the Guides is not adequate to the task; the impact of the circumstances of an injured person on disability; problems with the existing wording of the narrative test; shortcomings on the RAf 4 form; the administrative process as well as the appeal tribunals.
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FLENIK, Juliano Deffune, and Priscila Nascimento Giublin Gomes de Souza LUZ. "RESPONSABILIDADE CIVIL DO ESTADO EM REPARAR OS DANOS MORAIS CAUSADOS AOS PRESOS EM SITUAÇÃO DEGRADANTE: ANÁLISE DO RE 580.252." Percurso 2, no. 29 (April 3, 2019): 154. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3492.
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RESUMOA situação carcerária do Brasil há muito, encontra-se em situação desumana e degradante, o que fere direitos fundamentais dos presos. O Estado, que possuiu a custódia dos detentos, tem o dever de manter condições de vida digna aos mesmos. Questionado pelo Recurso Extraordinário 580.252, o Supremo Tribunal Federal analisou a responsabilidade civil do Estado por danos morais causados aos presos em situação ilegítima e sub-humana. Julgando-o procedente, foi conferida repercussão geral à demanda. Incontroversos os fatos, o debate ficou restrito à forma de indenização por parte do Estado, fixado em restituição pecuniária fixa ao preso, em consonância com a “Agenda do Sistema Prisional” conduzida pelo Supremo Tribunal Federal, numa linha mais ativa, em que o Judiciário vem determinando aos Estados, ou seja, ao Poder Executivo, diversas obrigações de fazer em prol do sistema prisional brasileiro. PALAVRAS-CHAVE: Sistema Prisional; Danos Morais; Presos; Responsabilidade Civil; Estado. ABSTRACTBrazil's prison situation has long been inhuman and degrading, which is a violation of prisoners' fundamental rights. The State, which has the custody of the detainees, has the duty to maintain a dignified life. Asked about Extraordinary Appeal 580.252, the Federal Supreme Court analyzed the civil liability of the State for moral damages caused to illegitimate and subhuman prisoners. If it was upheld, there was a general repercussion on the claim. Uncontroversial the facts, the debate was restricted to the form of indemnity by the State, fixed in fixed pecuniary restitution to the prisoner, in line with the "Agenda of the Prison System" conducted by the Federal Supreme Court, in a more active line, in which the Judiciary has been determining to the States, that is, to the Executive Branch, several obligations to do in favor of the Brazilian prison system. KEYWORDS: Prison System; Moral Damages; Prisoners; Civil Liability; State.
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Kyselova, O. I., and M. Soldatenko. "Practice of compensation for moral damage in labor law of Ukraine and foreign countries." Legal horizons, no. 26 (2020): 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.
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The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.
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Тараканов, Антон, and Anton Tarakanov. "Development and Peculiarities of Compensation Function Formation in the Russian Law." Journal of Russian Law 3, no. 10 (October 5, 2015): 0. http://dx.doi.org/10.12737/13261.
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Compensation function of rules of law is considered at various stages of formation and development of the Russian state and the Law. The legal norms in the Ancient Russian law which expressed compensation function are identified and analyzed. In the Ancient law the opportunity to protect economic as well as moral benefits was fixed. Standards of Russian Truth performed the compensatory function. In the study of the penal system of that period the elements of liability and compensation of non-pecuniary damage are identified. It is suggested that modern legal institutions of compensation for material and moral (non-property) damage originate from the earliest written records of the ancient Slavs. The improvement and strengthening of the compensation standard functions contained in the Code of Law in 1497 and 1550 are analyzed. There is a significant development of compensatory function in the rules the Conciliar Code of 1649. The author considers the further development of the compensation function of the law in connection with the adoption of the Law "On conscientious possession" 1851. The legislation of the Soviet state which was used exclusively for compensation for material damage is analyzed. There is a growing function of the compensation law in connection with its reform of 1990 and the construction of all branches of the law on the principle of full compensation for losses.
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Fruzerova, Oksana. "PIKTNAUDŽIAVIMO RINKA REGLAMENTAS – ADMINISTRACINĖS ATSAKOMYBĖS KLAUSIMAS." Teisė 91 (January 1, 2014): 100–118. http://dx.doi.org/10.15388/teise.2014.0.3370.
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Piktnaudžiavimo rinka direktyvoje 2003/6/EB numatyta, kad už draudimų piktnaudžiauti rinka pažeidimus,t. y. už manipuliavimą rinka ir pasinaudojimą viešai neatskleista informacija, valstybės narės turi numatyti proporcingas ir atgrasančias sankcijas. Už minėtų draudimų pažeidimus Lietuvoje fiziniams asmenims remiantisATPK 1735 straipsnio 4 dalimi gali būti paskirta iki 30 tūkst. litų bauda (apie 8 700 eurų). Tačiau Piktnaudžiavimo rinka reglamentas, kuris greitu laiku pakeis 2003 m. direktyvą, už draudimų manipuliuoti rinka ir naudotis viešai neatskleista informacija pažeidimus fiziniams asmenims įtvirtina iki 5 mln. eurų administracines baudas. Pagrindinis straipsnio tikslas – išanalizuoti fizinių asmenų administracinės atsakomybės taikymo klausimą Lietuvoje, atsižvelgiant į naująjį ES piktnaudžiavimo rinka reglamentą. Market abuse directive 2003/6/EC provides that member states for market abuse violations, market manipulation and insider dealing, should establish proportionate and dissuasive sanctions. According to Lithuanian administrative code (Article 1735) up to 30 000 litas (about 8 700 euros) penalty might be imposed on natural person for violation of prohibition of market manipulation and insider dealing. However, Market abuse regulation, that will soon replace directive 2003/6/EC, establishes 5 million EUR administrative pecuniary sanctions in respect of natural person for market manipulation and insider dealing. The main goal of this article is to analyze the issues of the administrative liability of natural person in Lithuania taking into consideration the upcoming EU market abuse regulation.
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Pereira, Eduardo G., Tolulope O. Taiwo, and Ngozi Chinwa Ole. "Addressing Residual Liability and Insolvency in Disused Oil and Gas Infrastructure Left in Place: The Cases of Brazil, Nigeria, and Trinidad and Tobago." Journal of Sustainable Development Law and Policy (The) 11, no. 2 (March 18, 2021): 326–61. http://dx.doi.org/10.4314/jsdlp.v11i2.3.
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This article analyses the decommissioning framework for oil and gas infrastructures in Brazil, Nigeria, and Trinidad and Tobago. It examines whether the existing provisions in each country are able to guarantee that the government and, by extension taxpayers, do not bear the costs of decommissioning and, the consequences of insolvency on residual liabilities. An additional motivation for this examination is the ongoing Coronavirus Disease 2019 (COVID-19), a pandemic with significant adverse impacts on the oil and gas industry. A likely consequence of the economic devastation from this is the insolvency of any party with decommissioning obligations.The article argues that the provisions of the Brazil petroleum legislation on the reversion of abandoned installations to the government could imply that taxpayers have to bear the residual liabilities without any compensation from the concerned concessionaires or contractors. It also argues that the provisions of the Petroleum Law to the effect that ‘the reversion of facilities does not entail any expense whatsoever for the Brazilian government ’does not certainly translate to pecuniary compensation to the latter for assuming the future residual liabilities from abandoned installations. The Nigerian and the Trinidad &Tobago Decommissioning Framework also suffer the latter risk of the government bearing the residual liabilities for such disused installations.In Nigeria, the framework is silent on who bears the residual liabilities for disused installations. However, it is argued that the provisions of the Production Sharing Contracts on the transfer of ownership to the Nigerian government implies that they would have to bear eventual liabilities for such disused installations. Even in cases where the licensee or contractor may bear the burden of residual liabilities, the problem of future insolvency and cessation of such companies may entail that taxpayers bear the burden of residual liabilities. The article concludes with key recommendations on how to address the identified gaps using lessons from best practices such as United Kingdom, Norway and United States of America. One of such proposals is on the allocation of liability where there is a transfer of interest. Another is for joint and several or at least secondary liability of responsible parties even after decommissioning activities are over; a recommended provision to this effect is also provided. The third recommendation is on how time-constrained residual liability can be used alongside lump sum payments to limit the State's financial exposure for decommissioning costs.
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Masse, Claude. "L'abus des fonctions dans la relation préposé-commettant en droit civil québécois." Les Cahiers de droit 19, no. 3 (April 12, 2005): 595–642. http://dx.doi.org/10.7202/042259ar.
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The following article deals with the problem of « misuse of office » in the principal-agent relationship under Quebec civil law. Despite the abundance of case law, solutions to the problem are not well defined especially in cases involving personality defects of the agent. The law concerning « misuse of office » is generally to be found in article 1054(7) of the Quebec Civil Code concerning the liability of principals. This controverted article not only deals with the liability of masters for servants, but also with the problem of torts committed by agents (art. 1731 C.C.). It also has an effect on workmen's compensation laws. The main issue in « misuse of office » is the determination of what constitutes a carrying out of duties within the scope of employment. The principal can only be held liable for the tort of an agent if three conditions are met : the tort feasor must have been his agent ; he must have committed a wrongful act ; and this act must have been committed in the scope of his employment. After a general view of the fundamental principles involved, the paper defines « misuse of office » as « all torts committed by an agent in the exercice of his duties, even when not authorized to carry out the duties in the manner which he did, but where the activity is designed to benefit his principal ». The only case where the principal escapes liability is where the agent committed a tort which did not involve his work. The agent in that case no longer acts for the benefit of his principal, but is pursuing his personal interest. The principal is then no longer held liable. Determination of the notion of « benefit » therefore becomes essential. Far from being a simple question of monetary profit, it is extended to mean any activity which can serve the principal's enterprise, whether in the improvement of public relations, or of relations with staff or suppliers. The pecuniary gain becomes but one element amongst many others. It is not even necessary for the benefit to ever materialize. The simple fact that the intention was to benefit the principal is sufficient. The review of the case law leads the author to conclude that the modification of the ways in which the duties are carried out has little effect on the liability of the principal. For instance, the agent can change the time, the place and the manner of performance and still engage the liability of the principal. Quebec courts have gone even further. They have held that an agent can go beyond the usual scope of his duties or take up some that he was not authorized to do, without affecting the liability of the principal. In fact, Quebec courts have developed a broad interpretation of the notion of duty. They consider that the agent is called upon to perform tasks more or less accessory to his main duties and thus extend the principal's liability to all of them. As already stated, the notion of «benefit to the principal» is a determining factor. It is not necessary that the agent's work for the principal be exclusive. The agent that derives a personal benefit and simultaneously intends to benefit the principal, will still be considered to have performed an act in the course of his duties. The paper examines a series of problems involving the personality of the agent. Certain tortious acts can be committed in relations with third parties or co-workers, and are the direct result of a personality defect of the agent. Such is the case of a restaurant worker who physically attacks a client as the result of a dispute or of the agent stealing from a client. The paper points out the great difficulty that Quebec courts have experienced in the legal qualification of this situation. After an in-depth study of the Quebec case law, the paper concludes that the trend is to maintain the liability of the principal in these cases. One criterion appears to be well defined : the principal bears the responsibility, when hiring someone, to assure his clients or the persons with whom he does business, that he will respect their property as well as their moral and physical integrity. The necessary tie between the duties of the agent and the relationship with persons coming in contact with him, will engage the liability of the principal. Every time the agent comes in contact with a person in the carrying out of business, the principal will be held responsible for the damage resulting from personality defects of the agent. In all other cases, the relation will be considered personal to the agent and the principal will be relieved of any liability.
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Кутаков, Николай Николаевич. "PROTECTION OF THE HONOR AND DIGNITY OF CORRECTIONAL OFFICERS IN JUDICIAL PRACTICE." Vestnik Samarskogo iuridicheskogo instituta, no. 2(43) (August 19, 2021): 40–45. http://dx.doi.org/10.37523/sui.2021.55.26.006.
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В статье представлен анализ судебной практики о преступлениях против чести и достоинства сотрудников исправительных учреждений, на основе которого дана характеристика объектов, субъектов данных преступлений и наказаний, избранных в отношении виновных. Отдельное внимание автором уделено раскрытию мотивов оскорблений, совершаемых осужденными. Приведена практика привлечения лингвистов к проведению экспертизы оскорблений, высказанных в адрес сотрудников. На основе научных трудов и материалов судебной практики подвергнут анализу признак публичности оскорбления представителя власти. Освещен институт компенсации морального вреда применительно к уголовному судопроизводству как мера, дополняющая уголовную ответственность за совершение преступлений против чести и достоинства сотрудников исправительных учреждений. Сделан акцент на оценке законности действий сотрудника исправительного учреждения при исполнении им своих должностных обязанностей как обязательного требования при рассмотрении уголовных дел об оскорблении представителя власти. Представленные в работе статистические данные позволяют сформировать представления об оскорблениях, совершаемых в отношении сотрудников исправительных учреждений, а материалы судебной практики подтверждают действенность уголовно-правового механизма защиты их чести и достоинства. The article presents an analysis of judicial practice on crimes against the honor and dignity of correctional officers, on the basis of which the characteristics of the objects, subjects of these crimes, and the punishments chosen against the perpetrators are given. Special attention is paid to the disclosure of the motives of insults committed by convicts. The article describes the practice of involving linguists in the examination of insults addressed to employees. On the basis of scientific works and materials of judicial practice, the sign of the publicity of insulting a representative of the authorities is analyzed. The article highlights the institution of compensation for non-pecuniary damage in relation to criminal proceedings as a measure that complements criminal liability for committing crimes against the honor and dignity of correctional officers. The emphasis is placed on the assessment of the legality of the actions of a correctional institution employee in the performance of their official duties, as a mandatory requirement when considering criminal cases of insulting a representative of the authorities. The statistical data presented in the work allow us to form ideas about insults committed against correctional officers, and the materials of judicial practice confirm the effectiveness of the criminal law mechanism for protecting their honor and dignity.
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REIS, Clayton, Debora Cristina de Castro da ROCHA, and Edilson Santos da ROCHA. "A VALORAÇÃO DO DANO MORAL PELO PODER JUDICIÁRIO: A CONCREÇÃO DO DANO EXPERIMENTADO PELA VÍTIMA A PARTIR DA PROPOSITURA DE UM MÉTODO OBJETIVO DE VALORAÇÃO." Percurso 2, no. 29 (April 3, 2019): 286. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3499.
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RESUMOBuscar-se á mediante a pesquisa qualitativa na doutrina e jurisprudência e ainda sob uma perspectiva argumentativa indutiva, uma proposta de valoração do “dano moral”, no intento de se desenvolver um método valorativo que possa nortear a magistratura, fortalecer a doutrina e amparar a jurisprudência, com vistas à sistematização dos critérios e parâmetros que presidirão a indenização por danos morais, evitando-se que a compensação em pecúnia venha a se transformar em arbitrariedade, o que culminaria com um colapso completo dos princípios básicos do Estado Democrático de Direito. Para tanto, trazer-se á uma análise acerca do reconhecimento histórico do instituto, os métodos e critérios utilizados e por fim discorrer-se-á sobre a proposição de um método objetivo de valoração como meio de concreção do dano como forma de mitigar o risco da tarifação judicial e alcançar a tão almejada reparação integral. PALAVRAS-CHAVE: Responsabilidade Civil; Dano Moral; Valoração do Dano Moral; Direitos da Personalidade; Dignidade da Pessoa Humana. ABSTRACTIt will be sought through the quantitative and qualitative research in doctrine and jurisprudence and also from a logical-deductive argumentative perspective, a proposal of valuation of the "moral damage", in the attempt to develop a value method that can guide the judiciary, strengthen the doctrine and support the jurisprudence, with a view to systematizing the criteria and parameters that will preside the indemnification for moral damages, avoiding that the compensation in pecunia will turn into arbitrariness, which would culminate with a complete collapse of the basic principles of the Democratic State right. In order to do so, we shall analyze the historical recognition of the institute, the methods and criteria used and finally discuss the proposition of an objective valuation method as a means of concretizing the damage as a way to mitigate the risk of legal fees and achieve the long-awaited full reparation. KEYWORDS: Civil Liability; Moral Damage; Valuation of Moral Damage; Personality Rights; Dignity of the Human Person.
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Raičević, Nebojša, and Zoran Radivojević. "STATE LIABILITY FOR NON-PECUNIARY DAMAGES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS." TEME, April 14, 2020, 017. http://dx.doi.org/10.22190/teme191114006r.
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Non-pecuniary damages are a form of just satisfaction that the ECtHR may award if a violation of protected rights is found. These damages can be claimed by individuals, groups of persons, non-governmental organizations and states, whereby the awarded amount must be distributed to individual victims. However, for the Court to award compensation for non-pecuniary damage, several requirements must be met. The Court has awarded compensation for non-pecuniary damage on several grounds, such as pain, stress, anxiety, frustration, embarrassment, humiliation, and loss of reputation. Unfortunately, the criteria for determining the amounts of compensation for moral damage are still not clear and precise, so they have been determined by the Court on an equitable basis, taking into account its case-law standards.
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Michelle Karels. "FINANCIAL LIABILITY AND CHILD OFFENDERS IN SOUTH AFRICA." Obiter 38, no. 1 (April 1, 2017). http://dx.doi.org/10.17159/obiter.v38i1.11504.
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This submission is a theoretical examination of pecuniary liability in the case of child offenders in terms of the Child Justice Act 75 of 2008. It considers the financial position of child offenders in the ordinary course of criminal action viz. the obligation to pay bail, fine(s) or compensation orders, etc. Thereafter the potential latent financial liability of parents arising from the criminal actions of their offspring will be considered. The financial and legal accountability of parents will be considered and compared with the position of South African parents as opposed to that of parents in England and Wales. Finally, the submission queries, the practical operation and implementation of contribution orders in terms of the Children’s Act 38 of 2005. A comparison of the use of such orders with the practice in the United States of America follows. The submission postulates that contribution orders are merely one example of potential financial liability for criminal conduct within the Child Justice Act 75 of 2008, which may materially affect the parent(s), guardian, or appropriate adult responsible for the care of a child offender.
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Bocharov, Timur. "Is there a “compensation culture” in contemporary Russia? The role of liability insurance, non-pecuniary damages, and legal profession in personal injury litigation." Oñati Socio-Legal Series 11, no. 2 (April 1, 2021). http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1141.
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This article explores current trends in personal injury litigation in Russia compared with the common law countries (the UK and US). In contrast to the British and American situation, there is no concern about the problem of “compensation culture” or “litigious behaviour” in Russian public discourse. The number of personal injury cases considered by Russian courts is not particularly high despite the growing number of accidents. This state of affairs can be explained by the influence of the Soviet culture of tort law. The most visible areas of the Soviet impact addressed in the article are liability insurance, non-pecuniary damages, and the legal profession. The article demonstrates the specificity of the Russian approach to these issues. The research is based on the analysis of judicial decisions on personal injury cases, court statistics, and expert interviews with personal injury lawyers. The findings are discussed from a historical and comparative perspective.
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"Z. and Others v. The United Kingdom." Human Rights Case Digest 12, no. 5-6 (2001): 309–14. http://dx.doi.org/10.1163/157181301401746272.
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States are bound to ensure that individuals within their jurisdiction are not subjected to inhuman or degrading treatment, including such ill-treatment administered by private individuals. These measures should provide effective protection, in particular, of children and other vulnerable people and include reasonable steps to prevent ill-treatment of which the authorities have or ought to have knowledge. Where alleged failure by the authorities to protect people from the acts of others is concerned, there should be available to the victim or the victim's family a mechanism for establishing any liability of State officials or bodies for acts or omissions involving the breach of their rights under the Convention. Furthermore, in the case of a breach of Articles 2 and 3 , which rank as the most fundamental provisions of the Convention, compensation for the non-pecuniary damage flowing from the breach should in principle be available as part of the range of redress.
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Lutz, Flora, and Paul Pichler. "Financial Stability Regulation under Borrowing and Liquidity Externalities." Journal of the European Economic Association, May 6, 2020. http://dx.doi.org/10.1093/jeea/jvaa014.
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Abstract We study financial stability regulation in an environment with pecuniary externalities and where banks face both a liability choice (between private money creation and long-term borrowing) and an asset choice (between liquid and illiquid investments). Return risk on illiquid assets gives rise to liquidity risk, because banks that learn to have low future returns find themselves unable to roll over “money-like” debt. Privately optimal borrowing and investment decisions by banks lead, in general, to socially inefficient outcomes. The nature of inefficiency depends critically on the degree to which liquidity risk is systemic: When risk is highly systemic, banks hold the socially optimal amount of liquid assets, but create an excessive amount of money and overinvest in risky assets; when risk is not highly systemic, banks hold too little liquidity, create insufficient private money, and underinvest in risky assets. Quantity- and price-based regulations to address the identified inefficiencies are discussed.
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Ruiz Castellanos, Gerardo. "Responsabilidad del deudor por el retraso en el cumplimiento de obligaciones pecuniarias (Debtor Liability for the Delay in Performance of Pecuniary Obligations)." SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3586734.
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Solaiman, S. M. "The Enron Collapse and Criminal Liabilities of Auditors and Lawyers for Defective Prospectuses in the United States, Australia and Canada: a Review." Journal of Law and Commerce 26, no. 1 & 2 (May 1, 2008). http://dx.doi.org/10.5195/jlc.2008.35.
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A lack of uniformity in laws regulating professionals such as auditors and lawyers in relation to defective prospectuses exists across nations around the world. Securities legislation of some jurisdictions clearly imposes criminal liabilities for defective prospectuses on professionals along with directors and promoters of the issuer of securities. But the laws of some other countries are ambiguous in this regard. Such an ambiguity is present in the securities legislation of the United States, Australia and Canada. Their legislation does not categorically name the persons who should be criminally liable for a defective prospectus; nonetheless auditors and lawyers are sometimes caught by virtue of judicial interpretations of those vague legal provisions. Even though they could be on the hook under such interpretations, legislation provides a wide range of defences that facilitate escaping liabilities by offenders at the expense of the integrity of the market. Regarding sanctions, although the term of imprisonment is identical in all these three jurisdictions, pecuniary penalties significantly vary after the recent reforms triggered by some spectacular corporate bankruptcy taking place especially in the U.S. and Australia. Most importantly, the post-Enron reforms explicitly amend the laws governing secondary securities markets, and therefore their application to defective prospectuses is questionable except for the Canadian reforms. If the post-Enron reforms do not really touch the prospectus liability regimes in the U.S. and Australia, it can be said that the lawmakers have ignored their primary securities markets. If this is so, it would be an unwise policy to wait for an Enron-type disaster to occur in the IPO market for stimulus to initiate reforms addressing professional malpractices in the preparation of prospectuses. If not, the law should make it clear before it is too late.