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Journal articles on the topic 'Third party’s civil liability'

Author: Grafiati

Published: 20 April 2024

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1

Cavalcanti Jardim, Mariana. "Acionamento de resseguradoras por terceiros sob a perspectiva do Direito Brasileiro: um estudo sobre o contrato de seguro de responsabilidade civil facultativo." Revista Electrónica de Direito 26, no. 3 (2021): 31–54. http://dx.doi.org/10.24840/2182-9845_2021-0003_0004.

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Despite the impossibility to, under Brazilian law, as a rule, an insured or aggrieved third party seek payment of insurance indemnity directly from a reinsurer, it is recurrent the inclusion of reinsurers as defendants in lawsuits, especially in cases involving the purchase of facultative civil liability insurance. As a result of legislative, jurisprudential, bibliographical and documentary research, this study aims to shed light on the relationships and obligations established by reinsurance agreements and reject this unlawful practice at once. This is done through an initial dive into the in

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2

Stefanović, Nenad. "Medical error: Civil liability for the damage." Pravo - teorija i praksa 37, no. 4 (2020): 13–25. http://dx.doi.org/10.5937/ptp2004013s.

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The paper analyzes the civil law aspects of the responsibility of medical workers and institutions due to the damage caused by the doctors' mistakes in providing medical care. The aim of this paper is to present all the basics of physician responsibility, if it is established that there is a close connection between the error and the proven error and damage caused to the health of the patient, but also to third parties. The issue of medical error is not exclusively related to compensation for damages, since it heavily relies on medical law too. Although mistakes are mainly caused by the wrong

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3

Smith, April R., Tracy K. Witte, Nadia E. Teale, Sarah L. King, Ted W. Bender, and Thomas E. Joiner. "Revisiting impulsivity in suicide: Implications for civil liability of third parties." Behavioral Sciences & the Law 26, no. 6 (2008): 779–97. http://dx.doi.org/10.1002/bsl.848.

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4

Kincaid, Peter. "Third Parties: Rationalising a Right to Sue." Cambridge Law Journal 48, no. 2 (1989): 243–70. http://dx.doi.org/10.1017/s0008197300105306.

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In a revolutionary but unsatisfactory recent decision, the High Court of Australia has allowed a third-party beneficiary of an insurance contract a right to sue the promisor. The decision casts doubt upon the whole doctrine of privity and ultimately upon bargain as the theoretical basis of promissory liability. The Trident case is unsatisfactory not because it allowed a third-party beneficiary a cause of action or because it challenges privity and bargain, but because it offers no satisfactory replacement for the theory of bargain. The reasons the court gave for recognising a right to sue are

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Weiss, Thalia Kauane, and Jair Kulitch. "Civil liability insurance contract in the accounting area." Revista Caribeña de Ciencias Sociales 13, no. 2 (2024): e3602. http://dx.doi.org/10.55905/rcssv13n2-007.

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This research have to identify the perception of accounting professionals in the municipality of São Mateus do Sul, in the state of Paraná, regarding the civil liability insurance contract. The accounting professional, in the exercise of his profession, needs to be updated of frequent changes in the legislation and the varied information to be provided. Thus, it is possible that malpractices may occur that may result in financial damage. These damages are often to be borne by the professional himself. In this scenario, it is possible to acquire the civil liability insurance contract, which hav

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Lara González, Rafael. "Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados." Derecho y Justicia, no. 3 (August 8, 2018): 101. http://dx.doi.org/10.29344/07196377.3.1394.

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ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros

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7

BRYHINETS, Oleksandr. "Civil liability for breach of contract." Economics. Finances. Law 3, no. - (2022): 19–21. http://dx.doi.org/10.37634/efp.2022.3.4.

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The article reveals the role and issues of civil liability for breach of contract. It is determined that without the possibility of bringing the violator to justice, the performance of a civil obligation itself loses the quality of obligation and gives the debtor contempt for performance. Responsibility can take many forms. The most important of these are damages and damages by the debtor to the creditor. The main and universal form of liability is compensation for damages caused by breach of obligation. Conditions different from those provided for in the Civil Code may be established by law o

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8

Abeyratne, Ruwantissa. "The ICAO Conventions on Liability for Third-Party Damage Caused by Aircraft." Air and Space Law 34, Issue 6 (2009): 403–16. http://dx.doi.org/10.54648/aila2009037.

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The adoption of two international treaties by International Civil Aviation Organization (ICAO) Member States in the first quarter of 2009 on the subject of liability for third-party damage caused by aircraft certainly filled a visible gap in the legislative structure pertaining to liability in air law. However, it remains to be seen whether these instruments will come into effect, given the numerous issues that were brought to bear by key stakeholders and interested parties, both before and during the diplomatic conference which resulted in the treaties. Academic and professional views from th

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Halimi, Halimi. "NOTARY RESPONSIBILITY FOR THIRD PARTY LOSSES DUE TO THE ISSUANCE OF THE DEED OF BINDING OF LAND PURCHASE AGREEMENT." Trunojoyo Law Review 5, no. 2 (2023): 101–28. http://dx.doi.org/10.21107/tlr.v5i2.21163.

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Third parties in the formation of the Deed of Sale and Purchase Agreement (APPJB) Land have rights to the object regulated in the PPJB even though they are not involved in its formation as long as they have legal ties to the object being agreed upon. So that when a material loss occurs to a third party originating from the issuance of the PPJB, does the notary have the responsibility to compensate for the loss or vice versa. This type of legal research is a type of normative legal research. The results of this study indicate that legal remedies that can be taken by a third party if the deed of

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10

Korotkih, A. "PECULIARITIES OF THE CONTENTS OF THE MATERIAL RESPONSIBILITY OF CIVIL SERVANTS." Social Law, no. 1 (March 1, 2019): 16–19. http://dx.doi.org/10.37440/soclaw.2019.01.02.

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The article is devoted to a comprehensive analysis of the content of civil liability of civil servants, which is regulated by the rules of the current legislation of Ukraine on labor. The article focuses on the theoretical problems of determining the constituent elements that make up the content of such responsibility, and attempts to express these constituent elements of the content of liability in the form of a coherent system. Therefore, in view of all the above, we conclude that the peculiarities of the content of the civil liability of civil servants are expressed in the specifics o

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11

Zhornokui, V. H. "Abuse of authority as a ground for liability of bodies and persons performing the functions of business entities." Law and Safety 89, no. 2 (2023): 155–66. http://dx.doi.org/10.32631/pb.2023.2.14.

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The current state of legal doctrine and court practice on the issues of authority abuse as a ground for liability of bodies and persons performing the functions of business entities has been analysed. Since a business entity forms its own will and implements it through its bodies and persons performing the functions of its agencies, the relevant persons must adhere to the powers defined by law and the charter. If they act beyond their own powers, the will of such a legal entity is distorted and their own will, the will of individuals, takes place. The practice of bringing to justice memb

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Fabien, Claude. "L'abus de pouvoirs du mandataire en droit civil québécois." L'abus de pouvoir 19, no. 1 (2005): 55–103. http://dx.doi.org/10.7202/042225ar.

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The purpose of this article is to study the rules governing the phenomenon of mandatories abusing their powers, under Quebec Civil Code. It also reviews the rules proposed by the Civil Code Revision Office in its 1971 and 1976 Reports on the contract of Mandate and in its 1976 Report on administration of property of others. It shows that on many issues the Office has chosen a rather conservative approach and decided to stick to time-proven rules. It also flags the areas where the Office advocates new rules, with appropriate comments. The article is divided in two parts, the first one dealing w

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Demin, V., A. Golosnaya, S. Korolev, V. Kuznetsov, V. Makarov, and V. Shmelev. "Issues of Safety and Civil Liability Insurance for Nuclear Damage from Small Nuclear Power Plants." Medical Radiology and radiation safety 64, no. 6 (2019): 31–36. http://dx.doi.org/10.12737/1024-6177-2019-64-6-31-36.

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Purpose: To study the possibility of achieving assured safety for the environment and public in all modes of operation of small nuclear power plants (SNPP) and providing real civil liability insurance for nuclear risks at reasonable financial costs. Material and methods: Particular attention on small nuclear power plants is driven by regional development, local communities and productions, which are not covered by centralized transport and energy supply. The peculiar properties and benefits of energy production at SNPP are considered, including: the possibility of locating in remote regi

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14

Lorenz, Henning. "Criminal Liability of Third Parties with Regard to Free-Responsible Suicide: New Developments in the German Jurisdiction." Juridica International 28 (November 13, 2019): 79–85. http://dx.doi.org/10.12697/ji.2019.28.09.

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The German Federal Court of Justice’s 7.3.2019 judgement on questions of criminal liability of third parties with regard to free-responsible suicide offers a good opportunity to change the restrictive Wittig jurisdiction from 1984 and point in a liberal direction. The tremendous importance of self-determination indicates the impunity of third parties involved in a free-responsible suicide in which the final killing act is controlled by the person who is tired of life. This result gets confirmed by new legislation in the German Civil Code and earlier judgements in cases of euthanasia.

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15

Trezubov, Egor S. "Independent Guarantee and Suretyship: On the Expediency of Establishment of a Sole Private." Civil law 6 (December 17, 2020): 23–27. http://dx.doi.org/10.18572/2070-2140-2020-6-23-27.

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The article is devoted to the advisability of the simultaneous existence of two named personal means of securing obligations — a suretyship and an independent guarantee. Suretyship is a traditional guaranteeing obligation that has arisen in a modern form in the law of Ancient Rome and has been developing for two millennia. In turn, an independent guarantee is the result of the evolution of an artificially created, or rather, copied from foreign banking practice, to solve the problems of the command economy by the Soviet civil law institute of guarantee. As a result of the permanent reform of d

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Mrozowska - Bartkiewicz, Beata, and Paweł Matej. "Gloss to the Judgment of the Court of Justice of the European Union of 29 April 2021 in the Case of Ostrów County v the Insurance Guarantee Fund (C 383/19)." Prawo Asekuracyjne 4, no. 109 (2021): 96–106. http://dx.doi.org/10.5604/01.3001.0015.6038.

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On 29 April 2021, the Court of Justice of the European Union in Case C 383/19 passed a preliminary ruling on the interpretation of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 on insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability. This judgment is of key importance for Polish insurance industry, especially for maintaining the coherence of the compulsory insurance system of motor liability insurance for motor vehicle owners for damage caused by t

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17

Ponomarev, D. A. "Peculiarities of Liability to Third Parties in Certain Forms of Family Entrepreneurship." Proceedings of Southwest State University. Series: History and Law 13, no. 4 (2023): 62–71. http://dx.doi.org/10.21869/2223-1501-2023-13-4-62-71.

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Relevance. Currently in the Russian Federation there are no special contractual or organizational forms of family entrepreneurial activity. One of the problems to be solved in the formation of a legal model of family entrepreneurship in the Russian Federation is the definition of conditions for the onset and limitation of limits of liability to third parties for obligations related to the implementation of family business activities, including depending on the choice of organizational and legal forms of family business and the specifics of participation of individual family members in it, taki

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18

Prasastinah Usanti, Trisadini. "The Principle of Amanah in the Utilization of Consumer’s Personal Data and Information in Open Banking." Journal of Central Banking Law and Institutions 1, no. 1 (2021): 119–40. http://dx.doi.org/10.21098/jcli.v1i1.2.

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Banks are generally prohibited in any possible way from providing customers’ data or information to third parties unless there is a written consent from the customer, or it is required by laws or regulations. Open banking allows banks to obtain customer financial data and information and forward them to third parties to accelerate a digital transformation in banking. The existence of the customer’s consent resulted in the bank’s legal action providing customer data and information to a third party is not considered as a violation to the principle of confidentiality. However, the provision of c

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19

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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20

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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21

Chen, Shuxiu. "Dipartite principle in the mechanism of the real right’s alteration in China." Pravovedenie 67, no. 3 (2023): 343–74. http://dx.doi.org/10.21638/spbu25.2023.306.

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The discrepancy of real right transfer mode decides the registered effects of real estate register (Confrontation or Confirmation Doctrine) and its examinational scope, further influencing the credibility and applied scope of the real estate register. The defined basis of the transfer mode is the attitude toward the juristic act of liability and juristic act of disposition, the causality and nonature of the juristic act of disposition. According to the research on the history, axiology and systematology, the transfer mode with the idealism has been cancelled in Chinese legislation, but there a

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22

Park, Sirl A. "The right to claim alimony for divorce against a third party and the extinctive prescription." Korean Society Of Family Law 37, no. 2 (2023): 261–308. http://dx.doi.org/10.31998/ksfl.2023.37.2.261.

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Recently, a 2nd trial court found that the right to claim for damages resulting from an adultery to the person engaged in a sexual relation with a married person shall lapse by prescription if not exercised within three years commencing from the date on which the injured party becomes aware of such adultery and of the identity of the person who caused it. Furthermore, the court dismissed the claim of the plaintiff on the ground that the claim of the plaintiff had expired due to the extinctive prescription. The Supreme Court rendered a judgment dismissing the appeal to the effect of accepting t

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HUANG, Jie (Jeanne). "Internet (Un)Immunity: Where Does China Stand?" Asian Journal of Law and Society 7, no. 2 (2020): 345–68. http://dx.doi.org/10.1017/als.2019.27.

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AbstractThis paper focuses on Internet intermediaries’ civil liabilities for contents produced by third parties. By comparing Chinese law with the laws of the US and EU, it argues that the US law grants broad civil immunity to Internet intermediaries, and the EU and China restrict civil immunity to intermediaries but in different ways. This is on account of how, in the US, Internet intermediaries enjoy civil immunity as long as they do not become content providers. In the EU, aside from mere conduit intermediaries, all other intermediaries are subject to the notice-and-take-down mechanism befo

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MEDICI MICHELETTI, AFONSO. "A RESPONSABILIDADE CIVIL DOS PROVEDORES DE APLICAÇÕES POR CONTEÚDO DE TERCEIROS NO MARCO CIVIL DA INTERNET: ERROS, ACERTOS E NOVAS PERSPECTIVAS." Revista Científica Semana Acadêmica 11, no. 235 (2023): 1–20. http://dx.doi.org/10.35265/2236-6717-235-12675.

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The rise of the internet and social networks enabled the formation of a new public space, conducive to the broad exchange of ideas and the consolidation of a plural and democratic society. On the other hand, there is a growing concern about the dissemination of illegal or morally undesirable content, mainly due to the high speed and wide range in which the flow of information operates on networks. This article aims to study the current civil liability system of internet providers for illicit content created and disseminated by third parties through their platforms. The methodology adopted cons

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ANDRZEJ, CDZIKOWSKI. "Veterinarian as an expert advisor: improving the quality of veterinary services and scientific research." Medycyna Weterynaryjna 80, no. 2 (2023): 88–93. http://dx.doi.org/10.21521/mw.6849.

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Veterinary surgeons often provide professional veterinary advice to both their colleagues, scientists, and lay clients. A number of them give advice unwittingly, and are unaware of the legal consequences of their actions. This analysis investigates veterinary advisorship from a comparative perspective. Ethical and legal analysis, and interpretation is performed. Essential types of veterinary counseling are indicated: advice provided by a veterinarian to another veterinarian, and provided by a veterinarian to a lay client. Veterinary advice in scientific research is a mixed type. Legal and deon

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Zadeh, Marjan Hossein, and Abdolmohammad Afrough. "The Investigation of Builders and Building Supervisors’ Responsibility in Iran Law." Journal of Politics and Law 9, no. 2 (2016): 154. http://dx.doi.org/10.5539/jpl.v9n2p154.

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As a professional career, builders and building supervisors’ activities is accepted as an especial liability from legislator’s point of view and every especial liability has its own technical its bylaws, the building control engineering system and national building regulations were provided and ratified that are necessary for the sake of security and protection of the buildings and structures and they are essential as the most basic civil rights. With analysis of relevant laws and regulations we realize that builders and supervisors’ responsibility is assumed as building fault-based liability

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Martens, Claus-Peter. "Environmental Liability of Parent Companies and Subsidiaries under German Law." European Energy and Environmental Law Review 12, Issue 5 (2003): 135–47. http://dx.doi.org/10.54648/eelr2003022.

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Summary: The bases of liability under German environmental law are as complex as are the addressees of liability. The responsibilities do not exclude each other but rather often apply parallel to each other. Under German civil law, the main emphasis is on the liability of the enterprise. Parallel to that, company bodies and executive employees may be held liable. Employees are liable for tortious acts committed wilfully or by gross negligence; however, they are solely liable for compensation claims vis-à-vis the enterprise but not vis-à-vis third parties. In the internal relationship between p

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Kolesnichenko, O. V. "Revisiting the Real Scope of the Obligation to Compensate for Harm to Health: The Way to Individualization of Tort Liability?" Lex Russica 75, no. 8 (2022): 23–34. http://dx.doi.org/10.17803/1729-5920.2022.189.8.023-034.

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The paper is devoted to the problem of determining the real scope of tort liability for harm caused to health in the context of the mutual influence of the relevant legal design and alternative compensation forms, as well as an attempt to reconsider detected imbalances from the standpoint of existing, traditional and innovative theoretical concepts. It is established that modern legislation and practice leads to inconsistent use of recourse and quasi-recourse rights of claims for the purpose of holding liable a direct causer of physical harm and (or) expanding the scope of such liability, whic

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Kharitonova, Yu S., V. S. Savina, and F. Pagnini. "CIVIL LIABILITY IN THE DEVELOPMENT AND APPLICATION OF ARTIFICIAL INTELLIGENCE AND ROBOTIC SYSTEMS: BASIC APPROACHES." Вестник Пермского университета. Юридические науки, no. 4(58) (2022): 683–708. http://dx.doi.org/10.17072/1995-4190-2022-58-683-708.

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Introduction: when studying legal issues related to safety and adequacy in the application of artificial intelligence systems (AIS), it is impossible not to raise the subject of liability accompanying the use of AIS. In this paper we focus on the study of the civil law aspects of liability for harm caused by artificial intelligence and robotic systems. Technological progress necessitates revision of many legislative mechanisms in such a way as to maintain and encourage further development of innovative industries while ensuring safety in the application of artificial intelligence. It is essent

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

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

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Służewska, Zuzanna. "KONTRAKT SPÓŁKI JAKO PODSTAWA ODPOWIEDZIALNOŚCI IN SOLIDUM W PRAWIE RZYMSKIM." Zeszyty Prawnicze 3, no. 1 (2017): 43. http://dx.doi.org/10.21697/zp.2003.3.1.02.

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THE CONTRACT OF PARTNERSHIP AS A BASE OF IN SOLIDUM LIABILITY IN ROMAN LAWSummary In the modern civil law joint and several liability of partners in a partnership is a rule rather than an exception. According to the common opinion this concept did not originate in the Roman law but was first invented in the medieval times by glossators and commentators. The Roman partnership created only a private relation between partners (who, due to a conclusion of that contract were reciprocally obliged to act together in accordance with a good faith in order to conduct common business and to divide profit

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Egorova, Olga Aleksandrovna. "Appointment of a Proper Defendant in Cases Over Insurance Indemnity Under Third Party Liability Insurance Contract." Юридические исследования, no. 11 (November 2019): 61–68. http://dx.doi.org/10.25136/2409-7136.2019.11.31274.

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In this article Egorova analyzes questions that relate to the process of appointment of participants in a judicial process resulting from third party liability insurance contract made by vehicle owners who may act as an obligator on the side of the defendant. The importance of apointing a proper defendant is caused by the fact that these are unique cases that require a different court procedure, thus, the relationship between parties that existed prior the trial may significantly affect the final decision of the court. The research is based on theoretical and comparative analysis of the provis

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Bartis, Előd. "Az álképviselet szabályozása a román Polgári törvénykönyvben." Erdélyi Jogélet 2, no. 2 (2021): 119–30. http://dx.doi.org/10.47745/erjog.2021.02.07.

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The author of the following study presents the institution of unauthorized agency in Romanian civil law. The conditions and possible cases unauthorized agency are presented, as well as the facts which, although similar, cannot be considered as unauthorized agency. The author analyzes the legal nature of the contract concluded by the unauthorized agent, the legal consequences of the ratification by the principal and discusses in detail the unauthorized agent’s liability to both the principal and the third party. Finally, the study examines the conditions and consequences of the apparent authori

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NUKI, NUKI. "THE BOARD OF DIRECTORS OF A BANKRUPT COMPANY’S CIVIL LIABILITY FOR OBTAINED TAXES." Cepalo 5, no. 2 (2021): 131–40. http://dx.doi.org/10.25041/cepalo.v5no2.2364.

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Sumber Urip Sejati Utama Ltd. is a company that runs in the fertilizer industry. Technically, Sumber Urip Sejati Utama Ltd.'s board of directors purchase urea fertilizer for the factory, then sold the urea fertilizer to consumers. As a urea fertilizer distributor, Sumber Urip Sejati Utama Ltd. should fulfil tax administration obligations, such as reporting tax payments and calculations. However, Sumber Urip Sejati Ltd.’s administration is highly engineered by the company’s directors because Sumber Urip Sejati Utama Ltd. is operating even though it is declared bankrupt. The situation escalades

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Vasilevska, N. "Specificity of categorial instruments insurance responsibility of medical workers." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 152–58. http://dx.doi.org/10.24144/2307-3322.2023.78.1.24.

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In Ukraine, the institution of insurance for medical workers’ liability has not gained significant prevalence due to imperfect legal regulation. From a legal perspective, a medical worker is considered in two dimensions: as a general subject of committing offenses and as someone associated with acquiring professional skills (including relevant education, experience, qualification levels), known as professional crimes. The term “professional responsibility” is used in certain regulatory legal acts, but its definition is absent. However, the Law of Ukraine “On Insurance” in Article 7 establishes

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Van Leuken, Roel. "Parental Liability for Cartel Infringements Committed by Wholly Owned Subsidiaries: Is the Approach of the European Court of Justice in Akzo Nobel also Relevant in a Private-Law Context?" European Review of Private Law 24, Issue 3/4 (2016): 513–27. http://dx.doi.org/10.54648/erpl2016033.

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Abstract: Although the European Court of Justice, in Akzo Nobel, expressly decided that the anti-competitive behaviour of a (wholly owned) subsidiary may be imputed to the parent company when both form part of the same economic unit, it is doubtful that this theory of identification really is at the base of the joint and several liability of the parent for the payment of a cartel fine. This article not only traces the actual basis of the competition law liability of a parent company for cartel infringements committed by a (wholly owned) subsidiary but also investigates whether that liability a

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Jacobsson, Måns. "RECENT DEVELOPMENTS WITHIN THE INTERNATIONAL COMPENSATION REGIME." International Oil Spill Conference Proceedings 2005, no. 1 (2005): 763–67. http://dx.doi.org/10.7901/2169-3358-2005-1-763.

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ABSTRACT The international compensation regime is based on two international treaties elaborated under the auspices of the International Maritime Organization (IMO), namely the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1992 Civil Liability Convention governs the liability of the shipowner, whereas the 1992 Fund Convention provides supplementary compensation through the International Oil Pollution Compensation Fund 1992 (1992 Fund), financed by a levy on oil receipts in Member States. This paper describes recent developments in the international compensation regime. The

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Bogdanova, E. E. "Conceptual Framework for the Protection of Civil Rights in the Field of Reprogenetics." Вестник Пермского университета. Юридические науки, no. 51 (2021): 30–56. http://dx.doi.org/10.17072/1995-4190-2021-51-30-56.

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Introduction: the paper deals with the problem of civil rights protection when using genomic technologies in the field of artificial human reproduction. Breakthrough advances in medical and biological science set the state an important task of developing an effective system of legal guarantees aimed at ensuring a fair balance of interests of the parties to the relevant relationship and third parties, protecting the rights and interests of an individual, preventing human biotechnological engineering for the purposes of eugenic practice, etc. According to the author, special attention should be

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Véliz Valencia, Mercedes Noemi, Pamela Proaño Tejena, Jairo Mendoza García, and Yolangue Véliz Valencia. "La cultura de seguros de responsabilidad civil antes y después del sismo 16 de abril 2016, provincia Manabí, Ecuador." ECA Sinergia 11, no. 2 (2020): 21. http://dx.doi.org/10.33936/eca_sinergia.v11i2.2057.

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 Los seguros de responsabilidad civil se han convertido en la póliza más importante que cualquier empresa debe adquirir para solventar daños o perjuicios de los que pueda ser civilmente responsable ya sea a la empresa o terceras personas. En países en desarrollo la tendencia es que haya poca cultura de seguros de responsabilidad civil, sin embargo, se ha llegado a considerar que el sismo ocurrido en Ecuador el 16 de abril de 2016 fue un estímulo para mejorar esa cultura en el país. Por tal motivo, se plantea como objetivo de este artículo caracterizar la cultura de seguros de responsabil

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Sikorska-Lewandowska, Aleksandra. "Civil liability of the property manager in the event of breach of obligations under the Act of 7 July 1994 – Construction Law." Nieruchomości@ IV Wydanie elektroniczne (December 19, 2023): 195–207. http://dx.doi.org/10.5604/01.3001.0054.1238.

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The Act of July 7, 1994 - Construction Law imposes numerous obligations on property managers. The most important of them is the obligation to maintain and use the building in a proper condition ensuring the safety of building users and third parties. Failure to do so may result in a construction disaster, ie, the building collapsing or parts detaching, which may result in property damage and personal injury. The article contains considerations regarding compliance with the provisions to redress this damage in the light of the provisions of the Civil Code. Claims arising from the contractual re

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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 (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 effe

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Sein, Karin, and Gerald Spindler. "The new Directive on Contracts for Supply of Digital Content and Digital Services – Conformity Criteria, Remedies and Modifications – Part 2." European Review of Contract Law 15, no. 4 (2019): 365–91. http://dx.doi.org/10.1515/ercl-2019-0022.

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Summary This article analyses the core issues of the new digital content directive: the conformity criteria, liability of the trader and the remedies of the consumer for lack of conformity. The authors assess the directive as a welcome step in raising consumer protection on the Digital Single Market, especially as the initial primacy of subjective conformity criteria has been given up and mandatory objective criteria of the digital content/services have been introduced. This gives European consumers a mandatory protection regime shielding them from the widely used liability restriction clauses

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Dzera, I. "PECULIARITIES OF A PERSON'S CIVIL LIABILITY IN CASE OF EXERCISING THE RIGHT TO SELF-DEFENSE AND IN EXTREME NECESSITY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 21–26. http://dx.doi.org/10.17721/1728-2195/2021/3.118-4.

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Civil law provides both general rules that provide the grounds and procedure for liability for damage to a person, and special grounds for bringing or release from such liability in the event that the person causing such damage carried them out in self-defense or extreme necessity. Therefore, it is important to clarify the specifics of civil liability of a person in the exercise of his right to self-defense and in a state of extreme necessity. The grounds and procedure for bringing a person to such responsibility are determined, the peculiarities of the subject composition are determined. A th

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Vojčík, Peter. "Smlouva o dílo s nehmotným výsledkem." AUC IURIDICA 68, no. 2 (2022): 149–62. http://dx.doi.org/10.14712/23366478.2022.25.

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The Civil Code in the Czech Republic unified the legal regulation of contract law and removed dualism in this regulation. A work contract is a contract type in which intangible items are also the result of it. The Civil Code of the Czech Republic also enshrines special provisions for an intangible work. It points out the different types of intangible items that can be created or used in connection with a work contract. The author discusses the enacted legislation and points out other provisions that need to be applied to work contracts with intangible result. It analyzes the legal regime of co

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Jovanović, Slobodan, and Ozren Uzelac. "The legal protection insurance in the field of private life aims to provide coverage for legal costs that the insured is faced with in situations from their private life. By combining the coverage of the legal expenses according to different legal areas, it is attempted that the legal expenses insurance coverage meets the needs of the insured. It is particularly suitable for providing the so-called family coverage of legal protection for the insured and his family members. After introduction, the paper deals with the forms of legal protection insurance in the field of private life and defines the insured and the co-insured persons in more detail. Also, the insurance risk coverage according to individual legal areas is presented (damage compensation, labour relations, criminal and misdemeanour law, family and inheritance law, property and obligation law regarding movables, traffic legal protection). At the end, the individual exclusions from legal protection insurance coverage in the field of private life are presented." Evropska revija za pravo osiguranja 23, no. 1 (2024): 27–41. http://dx.doi.org/10.46793/erpo2301.27j.

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Music entrepreneurship allows musicians independence and control over their careers, but also carries the risk of poor success or failure. Among other costs, it implies specific investments in musical instruments, studio equipment and non-musical auxiliary equipment that can be endangered by diverse damage or loss. Musicians may be exposed to claims due to their civil liability to third parties – class participants, guests, visitors and persons engaged in the organization and security of the concert, etc. Musicians can best achieve financial protection of their material interests through insur

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Mandela, Yasser, and I. Ketut Dharma Putra Yoga. "Tort Victim’s Ability To Profit From The Proceeds Of Insolvent Tortfeasor’s Liability Insurance." Jurnal Ius Constituendum 5, no. 1 (2020): 31. http://dx.doi.org/10.26623/jic.v5i1.2216.

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<em>This article describes and examines whether the tort victim can profit from the proceeds of the tortfeasor’s liability insurance. This article aims to reflect on which approach, either in common or civil law, provides more access for the tort victim to profits from the proceeds of insolvent tortfeasor’s liability insurance policy. The method used in this research is comparative research. The result of this research showed that the status of insurance proceeds becomes debatable because the tort victim (as the claimant) will have no better rights than any other unsecured creditors duri

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Wei, D., and A. P. Rafael. "Influencing Companies’ Green Governance Through the System of Legal Liability for Environmental Infractions in China and Brazil: Lighting the Way Toward BRICS Cooperation." BRICS Law Journal 10, no. 2 (2023): 37–67. http://dx.doi.org/10.21684/2412-2343-2023-10-2-37-67.

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As a platform of cooperation among its member states, questions of whether or how the BRICS alliance can inﬂuence and shape the global governance system and improve their internal governance systems have often been raised. In the process of exploring the role that the law can play in this context, comparative studies on the laws of the BRICS member states, particularly in the deﬁned areas of cooperation, are an important perspective to be addressed in order to be able to contribute to the improvement of their internal governance systems. However, much work remains to be done on this perspectiv

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Fletcher, James, Michael Molloy, Alexander Hart, Amalia Voskanyan, Ritu R. Sarin, and Gregory R. Ciottone. "Evolution of United States Legislation to Facilitate Bystander Response to Opioid Overdose." Prehospital and Disaster Medicine 34, s1 (2019): s130. http://dx.doi.org/10.1017/s1049023x19002826.

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Introduction:Opioid overdose deaths in the United States are increasing. Time to restoration of ventilation is critical. Rapid bystander administration of opioid antidote (naloxone) is an effective interim response but is historically constrained by legal restrictions.Aim:To review and contextualize development of legislation facilitating layperson administration of naloxone across the United States.Methods:Publicly accessible databases (1,2) were searched for legislation relevant to naloxone administration between January 2001 and July 2017.Results:All 51 jurisdictions implemented naloxone ac

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Valentino, Daniela. "Software Assistance and Maintenance Contracts." European Business Law Review 27, Issue 4 (2016): 535–53. http://dx.doi.org/10.54648/eulr2016024.

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The paper analyzes the legal issues related to software assistance and maintenance agreements. Contracts generally provide for highly diverse performances and are aimed at providing a global service. Since the assistance and maintenance agreement generally entails a long-term relationship, the regulations for long-term supply contract’s apply. Nevertheless, in specific circumstances, even the rules for service contracts may be applied. In Italy, like in other EU jurisdictions, the applicable regulatory framework depends on the content of the contract. The provider company naturally tends to re

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Ameye, Evelyne. "Channelling of Nuclear Third Party Liability towards the Operator: Is it Sustainable in a Developing Nuclear World or is there a Need for Liability of Nuclear Architects and Engineers?" European Energy and Environmental Law Review 19, Issue 1 (2010): 33–58. http://dx.doi.org/10.54648/eelr2010003.

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World-wide, almost all legal regimes transfer third party liability for nuclear accidents exclusively towards the operator of a nuclear plant. This is called “channelling” and implies that the operator of a nuclear installation is exclusively liable for damages, either legally or economically. Irrespective of their possible contribution, none of the other players – suppliers of nuclear material or fuel, transporters of nuclear material or fuel to and from the nuclear power plant, subcontractors, test operators, consultants, nuclear plant designers and constructors – bears any responsibility to

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