Literatura académica sobre el tema "Pecuniary liability"

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.

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.

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.

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.

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.

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.

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.

LIETUVOS IR LATVIJOS TEISĖS AKTŲ, REGLAMENTUOJANČIŲ DARBUOTOJŲ MATERIALINĘ ATSAKOMYBĘ, LYGINAMOJI ANALIZĖ Šiame magistro darbe išsamiai atliekama Lietuvos ir Latvijos teisės aktų, reglamentuojančių darbuotojų materialinę atsakomybę, lyginamoji analizė. Atsižvelgiant į tai, kad Lietuva ir Latvija yra artimos savo teisine sistema, aiškinantis kuo skiriasi ir kuo panašios minėtų valstybių įstatymų leidėjų pozicijos darbuotojų ir darbdavių žalos atlyginimo klausimais, šių dviejų valstybių teisės aktų analizė gali padėti atrasti geresnį tam tikro klausimo reglamentavimą. Darbuotojų materialinės atsakomybės instituto paskirtis yra kompensuoti darbdaviui atsiradusią žalą dėl darbuotojo neteisėtų veiksmų ar pareigų neatlikimo, suderinant skirtingus šios atsakomybės subjektų – darbuotojo ir darbdavio – interesus. Lyginamuoju metodu tiriamas minėto instituto reglamentavimas Lietuvos ir Latvijos Respublikose, jo atsiradimo prielaidos, ypatumai, taikymo sąlygos, analizuojamos darbuotojų materialinės atsakomybės rūšys bei subjektų požymiai. Šiame darbe siekiama nustatyti darbuotojų materialinės atsakomybės reglamentavimo ir taikymo netikslumus ir problemas, nurodyti įstatymų leidėjo galimas klaidas bei pasiūlyti būdus, kaip pašalinti spragas ir patobulinti teisės aktus.
COMPARATIVE ANALYSIS OF LITHUANIA’S AND LATVIA’S LAW INSTRUMENTS WHICH REGULATE EMPLOYEE’S PECUNIARY LIABILITY The topic of this article is to make circumstantial and comparative analysis of Lithuania’s and Latvia’s law instruments which regulate employee’s pecuniary liability. It’s important that Lithuania’s and Latvia’s juridical system is close to each other. Taking this fact into account, it is easier to find similarities and differences in the legislation, which regulate pecuniary liability between employee and employer. The analysis of law instruments may help to find a better regulation in confusing situations. The purpose of employees’ pecuniary liability institute is to compensate damage to an employer, which was caused due to unlawful actions or breach of duty by an employee. According to this it is important to coordinate interests of employee and employer. The regulation of this institute was researched using a comparative method. It is also researched the origin of this institute, it’s singularity, the circumstances of it’s usage; the types of employee’s pecuniary liability and subject’s features are examined. It was aspired to identify problems in legislation and practical application of employee’s pecuniary liability issues, as well as to present proposals regarding corrections of legal deficiencies and improvement of legislation to the legislator in the present graduation work.

This scientific research has been made on the regulation of similar institute to material liability of the employees in the national law of five old European Union member states (Belgium, United Kingdom, France, Sweden and Germany), comparing it to the regulation of material liability of the employees in Lithuania. It is very important as this is one of first more detailed researches in Lithuania made on this issue. The similarities and the differences of the regulation are being pointed out through the analysis of the main questions of material liability of the employees such as conception, sources of law, applying conditions, limitation of the liability, and the cases when unlimited liability of the employees is being applied.

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The advancement of relations between men in the world today involved new analyzes of law. It became an indipensable measure to review institutes that for long centuries followed the initial format developed by the Romans. Among the reasons that required the review of contemporary legal systems, respect for human dignity is presented as the main one. In societies formed by humans, nobody respects the human being. Damage is caused daily, minute by minute, second by second. The result is a natural reaction of private law, as it serves to regulate the relations between men. In the field of private law was then the reanalysis of the civil liability. Occurring damages, this system should worry about restoring the previous situation of the offender and the victim. But the liability can not only serve to repair damages. It also has to punish those who practice them and also ensure that they will no longer occur. Therefore, the purposes of liability becomes compensation, punishment and prevention, or caution, depending on how damages to be avoided are seen. The liability has distinct functions: one directed exclusively to the victim and the to damage that was caused (reparative function); another directed to the offending agent, mainly the intensity of his guilt and punishment that should imposed to him (punitive function); and the last related to the prevention of damages that may occur in the future and, therefore, is independent of the occurrence of the damage. Taking this into consideration, the effective application of civil liability, ie the means of redress, can not be exhausted in just pecuniary compensation. Each function of liability should have its mean of redress. The scope of this work is the presentation of these other means of redress
O avanço das relações mantidas entre os homens no mundo atual implicou novas análises do direito. A revisão de institutos que por longos séculos seguiram, apenas com pequenos ajustes, a formatação inicial desenvolvida pelos romanos, se tornou providência indispensável. Dentre as razões que demandaram a reanálise dos sistemas jurídicos contemporâneos, o respeito à dignidade humana se apresentou como a principal. Nas sociedades formadas por seres humanos ninguém respeita o ser humano. Danos são causados diariamente, minuto a minuto, segundo a segundo. A consequência disso é a reação natural do direito privado, já que serve para regular as relações entre os homens. No campo do direito privado houve, então, a revisitação da responsabilidade civil. Ocorrendo danos, deve esse sistema preocupar-se em restabelecer o estado em que se encontravam antes o ofensor e a vítima. Mas a responsabilidade civil não pode servir apenas para reparar danos, há de punir quem os pratica e também zelar para que eles não mais ocorram. Passam, portanto, a ser escopos da responsabilidade civil, a reparação, a punição e a prevenção, ou precaução, dependendo de como são vistos os danos que se pretende evitar. A responsabilidade civil possui funções distintas: uma voltada à vítima, exclusivamente, e ao dano que no presente lhe foi causado (função reparatória); outra relativa ao agente ofensor, principalmente, à intensidade de sua culpa e à sanção que no presente lhe deve ser imposta (função punitiva); e a última correspondente à prevenção dos danos que podem ocorrer no futuro e que, por assim considerar, diz-se que independe da ocorrência do dano. Ora, diante disso, os instrumentos de efetiva atuação da responsabilidade civil, isto é, os meios reparatórios, não se podem exaurir apenas nas indenizações pecuniárias. Cada função deve ter o seu meio reparatório. É a apresentação desses outros meios de reparação o escopo do presente trabalho

碩士
國立臺灣大學
法律學研究所
103
The damages discussed start from compensation for non-pecuniary loss in medical liability. In the medical incident, the deliberate practice apply on considering factors and the amount of gold given how the amount of the specific application. Besides, there is any difference between on the amount of gold given in medical events and in traffic incident or not. In research methods, considering factors and the amount of gold given were discussed in this thesis. At beginning, discuss practices in specific cases about what considering factors to determine the final amount of the judgment and make recommendations on this some scholars about the considering factors. Secondly, Discuss reasons for the amount of medical events consolation given is significantly lower, and we have to think whether the results towards the objective, tabular in order to save judicial proceedings resources, giving the parties in assessing whether to seek the basis litigation. One factor is deliberate false. Second is the amount of fixed amount is significantly lower. Although these two issues were discussed separately, but there were also closely. In short, in order to find out the root causes, we still return to considering factors problems. The thesis put forward questions that medical practice has always been deliberate event consolation payments "personal status, economic status and degree of injury both sides" whether all considering factors and the amount of gold are related or not. Besides, judges and the parties need so spend much time and cost to debate. In addition, to further deliberate on the practice of medical events for cases of "special physical victim, the contributory negligence, the offender’s negligence and medical characteristics of the ", whether are all in cases considered? Why do we need to consider factors such reasons deliberate? Whether these factors and consolation given the amount of gold is closely related? Why such deliberate references to specific factors specific cases, but not cited in other cases? The paper believes that there are two main problems in the medical event gold operation consolation in the current practice. Therefore, judges should simplify as "the parties in family status, age and degree of injury victims," other factors are considered in accordance into consideration case by case, but whether and how deliberate judgment should be attached detailed reasons. The main reasons are as follows. Firstly, from among "the plural right person," observed the complex economic situation, education, occupational status is different. However, people get the same amount of gold in the medical judgment. Access to detailed information on the parties in the court of the form, and as a basis for judgment, in essence, the verdict seems to be no impact on the amount of consolation in the different position of the parties in status. Besides, from the "different types of events," observed the medical events obligor''s financial position is strong, compared with the right people in the economic conditions, the obligor''s financial viability property is clearly higher than the rights holders. Compared with the traffic incident, the obligor''s economic situation is clearly better in most medical events, regardless of the legal interest in the infringement life or physical health of legal interest from the terms of the verdict, and the verdict was not therefore a higher amount of discretion. Finally, from the "plural obligor" observation, it does not seem differ among the obligor large hospitals, small clinics or individual practitioner. We cannot interpret the funding of the obligor level would affect the rights of the person to whom compensation amount from the verdict. Secondly, compared practical cases with other civil event types Germany and Japan, people get the right amount is significantly lower. The main reason is that the court deliberate "defendant’s fault", and the number of judgments are not a minority. In other words, the court held that "the defendant was unintentional" as the reason for the amount of gold consolation reduce it. In addition, the court found due to higher medical risk when the damage occurred to blame the medical staff. We should reduce the responsibility of defendants. Finally, the judges think negligence in patients with special physical causes to lessen the responsibility of defendants. These aggravating factors are not a minority practice. This article takes a conservative view. Whether the amount of the form is to be established in the future, the purpose is to avoid the subjective arbitrary and to assist the parties in assessing the results of litigation and litigation costs. However, about the decision of the amount of gold in medical liability, in distinguishing "the Supreme Court established deliberate Factors" and "Supreme Court of deliberate non-factors", we only consider the "family status", "the degree of injury," and "age" by streamlining the considering factors in the former, by the way we also can achieve the target of saving resources. Besides, judges’ subjective choice and considering factors are unrelated, with objective, external attributes, namely, needless to worry the judge’s arbitrary. On the contrary, considering factors in the latter relate to the value of the judge. Judges should theoretically rigorous use, attaching the specific details of the reasons for taking or not. Therefore, we could seek the equilibrium point between consolation gold objectively and judges of arbitrary.

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
A presente dissertação respeita à perscrutação da admissibilidade da compensação de danos não patrimoniais a pessoas colectivas e a sua sistematização orienta-se, de um modo progressivo, pelos obstáculos que se têm erguido à compensação destes danos. Metodologicamente, visa construir um processo argumentativo por etapas, em linha com a dinâmica do próprio sistema de responsabilização civil. Pretende estabelecer um diálogo entre a jurisprudência e a doutrina, e colher contributos de diferentes ramos do Direito, sem se afastar da sua matriz de Direito das Obrigações.A presente dissertação respeita à perscrutação da admissibilidade da compensação de danos não patrimoniais a pessoas colectivas e a sua sistematização orienta-se, de um modo progressivo, pelos obstáculos que se têm erguido à compensação destes danos. Metodologicamente, visa construir um processo argumentativo por etapas, em linha com a dinâmica do próprio sistema de responsabilização civil. Pretende estabelecer um diálogo entre a jurisprudência e a doutrina, e colher contributos de diferentes ramos do Direito, sem se afastar da sua matriz de Direito das Obrigações.A presente dissertação respeita à perscrutação da admissibilidade da compensação de danos não patrimoniais a pessoas colectivas e a sua sistematização orienta-se, de um modo progressivo, pelos obstáculos que se têm erguido à compensação destes danos. Metodologicamente, visa construir um processo argumentativo por etapas, em linha com a dinâmica do próprio sistema de responsabilização civil. Pretende estabelecer um diálogo entre a jurisprudência e a doutrina, e colher contributos de diferentes ramos do Direito, sem se afastar da sua matriz de Direito das Obrigações.
This dissertation relates to the admissibility’s assessment of compensation for non-pecuniary losses when the aggrieved party is a legal person and its scheme follows the rationales commonly used to restrain or mitigate these damage’s compensation. Methodologically it is constructed by progressive stages, in line with the civil liability’s system dynamics. It intends to establish a dialogue between court decisions and legal doctrine, and to gather contributions from different law branches without, however, leaving its natural ground within the Law of Obligations framework.This dissertation relates to the admissibility’s assessment of compensation for non-pecuniary losses when the aggrieved party is a legal person and its scheme follows the rationales commonly used to restrain or mitigate these damage’s compensation. Methodologically it is constructed by progressive stages, in line with the civil liability’s system dynamics. It intends to establish a dialogue between court decisions and legal doctrine, and to gather contributions from different law branches without, however, leaving its natural ground within the Law of Obligations framework. This dissertation relates to the admissibility’s assessment of compensation for non-pecuniary losses when the aggrieved party is a legal person and its scheme follows the rationales commonly used to restrain or mitigate these damage’s compensation. Methodologically it is constructed by progressive stages, in line with the civil liability’s system dynamics. It intends to establish a dialogue between court decisions and legal doctrine, and to gather contributions from different law branches without, however, leaving its natural ground within the Law of Obligations framework.

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
A presente dissertação tem como objectivo compreender se uma pessoa colectiva pode sofrer danos de natureza não patrimonial, maxime por ofensa a bens jurídicos e direitos de natureza imaterial ou de cariz personalístico. A resposta a este problema requererá um conhecimento profundo do universo das pessoas colectivas. Assim, esta investigação inicia-se numa resenha histórica, partindo do direito romano até à actualidade. Compreendida a evolução da figura da pessoa colectiva, analisaremos a personalidade colectiva no direito vigente, bem como os seus elementos constitutivos, os seus tipos legalmente previstos, culminando na sua capacidade jurídica de gozo, onde se inserem (alguns) direitos de personalidade. Neste seguimento, abordaremos as garantias civis ao dispôr da pessoa colectiva, em particular a responsabilidade civil, onde estudaremos pormenorizadamente, o dano não patrimonial. Todavia, para afirmar a susceptibilidade, ou não, de as pessoas colectivas sofrerem danos não patrimoniais, necessitamos de compreender o que é, em termos jurídicos, um dano, e, em especial, em que é que se consubstancia um dano não patrimonial. Depois de estudarmos todos estes elementos essenciais, centrar-nos-emos na problemática dos danos não patrimoniais nas pessoas colectivas, em termos não só doutrinais, mas também jurisprudenciais, finalizando o presente projecto com a posição adoptada acerca do problema em discussão.A presente dissertação tem como objetivo compreender se uma pessoa coletiva pode sofrer danos de natureza não patrimonial, maxime por ofensa a bens jurídicos e direitos de natureza imaterial ou de cariz personalístico. A resposta a este problema requererá um conhecimento profundo do universo das pessoas colectivas. Assim, esta investigação inicia-se numa resenha histórica, partindo do direito romano até à actualidade. Compreendida a evolução da figura da pessoa colectiva, analisaremos a personalidade colectiva no direito vigente, bem como os seus elementos constitutivos, os seus tipos legalmente previstos, culminando na sua capacidade jurídica de gozo, onde se inserem (alguns) direitos de personalidade. Neste seguimento, abordaremos as garantias civis ao dispôr da pessoa colectiva, em particular a responsabilidade civil, onde estudaremos pormenorizadamente, o dano não patrimonial. Todavia, para afirmar a susceptibilidade, ou não, de as pessoas coletivas sofrerem danos não patrimoniais, necessitamos de compreender o que é, em termos jurídicos, um dano, e, em especial, em que é que se consubstancia um dano não patrimonial. Depois de estudarmos todos estes elementos essenciais, centrar-nos-emos na problemática dos danos não patrimoniais nas pessoas coletivas, em termos não só doutrinais, mas também jurisprudenciais, finalizando o presente projecto com a posição adoptada acerca do problema em discussão.
This thesis aims to understand if a legal person can suffer non-pecuniary damages, maxime for offense to legal interests and to rights of immaterial or personalistic nature. The answer to this problem requires a deep knowledge about legal persons’. Therefore, this investigation will start on a historical review, since Roman Law until nowadays. Once we understand the theoretical figure of legal person, we’ll analyze the collective personality in the current legislation, as well as its constituent elements, its differents types, ending in the legal persons’ legal capacity, which includes (some) rights of personality. Therefore, we’ll aproach on the protection granted to legal persons, especially civil liability, where we’ll study particularly the non-pecuniary damage. However, to affirm the susceptibility, or the lack of it, of legal persons to suffer non-pecuniary damages, it’s necessary to understand what is, in legal terms, a damage, and in particular, what constitutes and defines a non-pecuniary loss. After investigating all these essential elements, we’ll focus on the current problematic of the non-pecuniary damages in legal persons, not only in terms of doctrine, but also about jurisprudence, ending our investigation with our adopted position about the theme in discussion.This thesis aims to understand if a legal person can suffer non-pecuniary damages, maxime for offense to legal interests and to rights of immaterial or personalistic nature. The answer to this problem requires a deep knowledge about legal persons’. Therefore, this investigation will start on a historical review, since Roman Law until nowadays. Once we understand the theoretical figure of legal person, we’ll analyze the collective personality in the current legislation, as well as its constituent elements, its differents types, ending in the legal persons’ legal capacity, which includes (some) rights of personality. Therefore, we’ll aproach on the protection granted to legal persons, especially civil liability, where we’ll study particularly the non-pecuniary damage. However, to affirm the susceptibility, or the lack of it, of legal persons to suffer non-pecuniary damages, it’s necessary to understand what is, in legal terms, a damage, and in particular, what constitutes and defines a non-pecuniary loss. After investigating all these essential elements, we’ll focus on the current problematic of the non-pecuniary damages in legal persons, not only in terms of doctrine, but also about jurisprudence, ending our investigation with our adopted position about the theme in discussion.

1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...

This chapter examines the entitlement of a claimant to recover damages in respect of a breach of contract committed by the defendant, and is organized as follows. Section 2 discusses the different measures of damages that can be awarded, while Section 3 analyses the performance interest. Section 4 examines the circumstances in which a claimant can seek damages based on his ‘reliance’ losses rather than his performance interest, while Section 5 discusses the circumstances in which damages may be awarded to protect the claimant’s ‘restitution’ interest. Section 6 examines the entitlement of a claimant to recover damages in respect of non-pecuniary losses, particularly ‘mental distress’. Section 7 considers the general rule that damages are assessed as at the date of breach and the exceptions to that rule, while Section 8 considers the various doctrines which the courts use in order to keep liability within acceptable bounds. These include remoteness, mitigation, and contributory negligence. Section 9 examines the circumstances in which a defendant can be ordered to account to a claimant for the profits that he has made from his breach of contract. Section 10 looks at the possibility that exemplary damages might play a role in breach of contract cases. The chapter concludes, in Sections 11 and 12, with a discussion of agreed damages clauses (and related clauses) and their legal regulation.

This chapter examines the entitlement of a claimant to recover damages in respect of a breach of contract committed by the defendant, and is organized as follows. Section 2 discusses the different measures of damages that can be awarded, while Section 3 analyses the performance interest. Section 4 examines the circumstances in which a claimant can seek damages based on his ‘reliance’ losses rather than his performance interest, while Section 5 discusses the circumstances in which damages may be awarded to protect the claimant’s ‘restitution’ interest. Section 6 examines the entitlement of a claimant to recover damages in respect of non-pecuniary losses, particularly ‘mental distress’. Section 7 considers the general rule that damages are assessed as at the date of breach and the exceptions to that rule, while Section 8 considers the various doctrines which the courts use in order to keep liability within acceptable bounds. These include remoteness, mitigation, and contributory negligence. Section 9 examines the circumstances in which a claimant can recover what is known as ‘negotiating damages’ or the defendant can be ordered to account to a claimant for the profits that he has made from his breach of contract. Section 10 looks at the possibility that exemplary damages might play a role in breach of contract cases. The chapter concludes, in Sections 11 and 12, with a discussion of agreed damages clauses (and related clauses) and their legal regulation.