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Articles de revues sur le sujet « State tortious liability »

Auteur : Grafiati

Publié le 7 juin 2025

Mis à jour le 2 août 2025

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1

Nemțoi, Gabriela, and Ciprian Gabriel Ungureanu. "Tortious Civil Liability in Environmental Law." European Journal of Law and Public Administration 8, no. 2 (2021): 26–34. http://dx.doi.org/10.18662/eljpa/8.2/157.

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Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution,

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Abimbola Olalere, Fasilat. "Expanding Scope of English Law On Vicarious Liability And The Inevitability Of Conceptual Uncertainty." Kampala International University law journal 5, no. 1 (2023): 158–73. http://dx.doi.org/10.59568/kiulj-2023-5-1-09.

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Vicarious liability is an English law principle that is rooted in antiquity. It entails the transfer the liability of a persons’ negligent or tortious action to another person as a result of the relation relationship existing between both parties. Traditionally, vicarious liability has usually been applied in instances where employee/employer relationship exists between the tortfeasor and the third party and when the tortious act occurred ‘in the course of employment’. Through a case law analysis, this paper examined how vicarious liability principle has transitioned beyond its traditional con

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Ms., Poonam. "TORTIOUS LIABILITY OF THE STATE: TRANSITIONING FROM ABSOLUTE IMMUNITY TO CONDITIONAL RESPONSIBILITY." Indian Journal of Law and Society III, no. 2 (2025): 1–6. https://doi.org/10.5281/zenodo.15380407.

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<strong>ABSTRACT</strong> <em>Gone are the days, when people were controlled and governed by the kings. No person was permitted to raise their voice against the king. Owing to this, there was no scope for fixing the state's and its officials' liability since it was a common notion that king can do no wrong. But with time, this concept changed, and for the first time in 1861 state was made responsible in a landmark case named ‘Peninsular and Oriental Steam Navigation Co. v. Secretary of State 1861 Cal SC’. In the abovementioned authority, state was first considered responsible for i

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Caritj, Paul. "Tortious Interference with the Expectancy of Entitlement Benefits." University of Michigan Journal of Law Reform, no. 45.2 (2012): 455. http://dx.doi.org/10.36646/mjlr.45.2.tortious.

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This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm

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Marson, James. "Collective Redress: Broadening EU Enforcement through State Liability?" European Business Law Review 27, Issue 3 (2016): 325–51. http://dx.doi.org/10.54648/eulr2016015.

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This article advances an argument that private enforcement of European Union (EU) rights has largely been stunted due to a series of blocking tactics by Member States, enabled through a form of tacitic subservience of the Court of Justice of the European Union. Currently, State Liability is neither an effective system of redress under tortious liability, nor a genuine enforcement mechanism in domestic law. By enabling collective redress in State Liability, we present an argument, missing explicitly in current literature, that both as a viable remedy through the (UK’s modified) tort of breach o

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Mihai, Gabriel. "Considerations regarding legal liability in the matter of insolvency." Ars Aequi 12 (April 13, 2023): 20–28. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.201.

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The insolvency procedure involves a special legal liability characterized by a combination of the general conditions of tortious civil liability and the special conditions provided by the Insolvency Law. Attracting legal liability is the expression of the principle of liability for the debts of the legal entity debtor, to which the members of the management, administration and supervision bodies of the legal entity are responsible, as well as any other persons who caused the insolvency of the debtor with regard to the facts expressly provided for and limited by law The exact determination of t

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Teremetskyi, Vladyslav, and Yaroslav Zhuravel. "Concept of tortious legal relations and their main features." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 80–89. http://dx.doi.org/10.34079/2226-3047-2020-10-19-80-89.

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The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formul

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Graziano, Thomas Kadner. "THE LAW APPLICABLE TO PRODUCT LIABILITY: THE PRESENT STATE OF THE LAW IN EUROPE AND CURRENT PROPOSALS FOR REFORM." International and Comparative Law Quarterly 54, no. 2 (2005): 475–88. http://dx.doi.org/10.1093/iclq/lei008.

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The choice of law-rules for contractual obligations is harmonized in the European Union and the system established by the Rome I-Convention has proved its merits.1 The choice of law rules for tortious or delictual liability, on the contrary, is still largely left to the national legislators and courts2 and they differ very much from one country to the other. Two Hague Conventions cover particular issues.3 Neither of them is in force in the UK.

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Słup, Paweł. "Czy „Król może czynić źle”? Odpowiedzialność cywilna za wykonywanie władzy publicznej w prawie angielskim." Studia Iuridica 76 (January 17, 2019): 341–62. http://dx.doi.org/10.5604/01.3001.0012.8637.

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The principle of state liability has been widely recognised in 20th century and codified in certain jurisdictions. English law, however, has been traditionally reluctant to recognise the liability of Crown distinct from the of its servants. According to the long-standing principle of rule of law, servants of the Crown should be liable for torts committed in their official capacity just as individuals. The principle has been allegedly designed to protect the individuals from arbitrary decisions of public authorities, which fall in their actions under jurisdiction of common courts. It was not un

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Gilead, Israel. "Issues in the Law of Torts." Israel Law Review 24, no. 3-4 (1990): 651–56. http://dx.doi.org/10.1017/s002122370001013x.

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In a recent article, Prof. Izhak Englard reviewed the salient developments in tort law over the last decade. These developments are:(a) Deciding the question of the internal structure of the Civil Wrongs Ordinance as regards the relationship between the general and the specific torts.(b) Extension of tortious liability for negligence, and the crystallization of the conceptual framework of that tort.(c) Expanding the scope of the tort of breach of a statutory duty by allowing the unimpeded inclusion of statutory duties within the scope of the Civil Wrongs Ordinance.(d) Removal of the umbrella e

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Dyson, Matthew. "THE TIMING OF TORTIOUS AND CRIMINAL ACTIONS FOR THE SAME WRONG." Cambridge Law Journal 71, no. 1 (2012): 86–117. http://dx.doi.org/10.1017/s0008197312000219.

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AbstractThis paper traces a key example of the overlap between tort and crime and explains the impact of how disjointed English legal thinking has been. For about 400 years English civil courts have accepted some form of pre-eminence of the criminal law where civil and serious criminal liability co-exist. This has often been described as the rule that “a trespass merges in a felony” though a more neutral term would be a “timing rule”. The development of the timing rules casts light on how English legal reasoning has approached the relationship between the victim and the state, the procedural c

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Vasiljevic, Zoran, Dragana Vasiljevic, and Anatolijs Krivins. "Individual Responsibility for the Actions of Legal Entities in Bosnia and Herzegovina and Latvia." Juridical Tribune - Review of Comparative and International Law 14, no. 4 (2024): 636–51. https://doi.org/10.62768/tbj/2024/14/4/07.

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Legal entities, according to contemporary legal theory, have general legal and business capacity, just like natural persons. Consequently, legal entities are subject to both criminal and civil liability, whether contractual or tortious in nature. However, it cannot be overlooked that certain actions or omissions of required actions on behalf of and for the account of legal entities are always carried out by natural persons, and they too must be held accountable. The aim of the authors in this paper is to define the circle of responsible persons who perform legal actions on behalf of and for th

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Ladina, L., and M. Veselov. "Legal responsibility of a private notary." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(49) (June 8, 2021): 145–50. http://dx.doi.org/10.20535/2308-5053.2021.1(49).233117.

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The legal responsibility of a notary is in its essence an important element of the legal regulation of public relations in the field of notarial activities, which is manifested in the purposeful influence of the state on the behavior of notaries through legal means. The purpose of this article is to formulate the concept and outline the characteristics of the main types of legal liability of a private notary. The legal liability of private notaries is proposed to be understood as a set of legal coercive restrictions provided by law and the suffering of subjects of private notarial activity of

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Dudaš, Atila. "Concurrent claims in contract and tort in Serbian law: With reference to the new Hungarian Civil Code from 2013 and the Project of the Reform of the French Civil Code regarding liability for damage from 2017." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 3 (2022): 795–817. http://dx.doi.org/10.5937/zrpfns56-41142.

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In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the maj

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Cao, Menghui. "Tort Liability for Trans-boundary Marine Environmental Pollution: Japans Radioactive Wastewater Discharge into the Sea as an Entry Point." Lecture Notes in Education Psychology and Public Media 28, no. 1 (2023): 31–42. http://dx.doi.org/10.54254/2753-7048/28/20231239.

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Currently, the problem of trans-boundary marine environmental pollution is becoming increasingly prominent and Japans insistence on discharging nuclear wastewater despite protests from other countries has raised concerns among the population. Researchers have found that international conventions and other sources of international environmental law are lack of a liability system for trans-boundary environmental pollution. Therefore, this paper looks for gaps by applying the normative analysis method to retrieve the relevant liability system at the institutional level in order to compare and ana

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Al-Zahrani, Enas. "International Liability When Violating the Headquarters of Diplomatic Missions." International Journal for Scientific Research 3, no. 2 (2024): 49–72. http://dx.doi.org/10.59992/ijsr.2024.v3n2p3.

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The development of international relations has made most countries of the world rely on diplomatic representation in all its forms as a means of communication and protection of mutual interests. The diplomatic mission is the link between the governments of the countries that are working to achieve cooperation starting from the transfer of different opinions between countries and trying to overcome the difficulties that escape the entanglement Interests. The Diplomatic Mission has given its diplomatic and diplomatic functions to the diplomatic missions a special status, with full protection, so

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Andreev, Yu N., and A. P. Zolotarev. "ON THE MEASURES OF CIVIL LEGAL LIABILITY: THEORETICAL ASPECTS." Proceedings of the Southwest State University 22, no. 1 (2018): 175–81. http://dx.doi.org/10.21869/2223-1560-2018-22-1-175-181.

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The work is devoted to topical problems of the civil theory of civil legal liability measures. The authors propose their classification of the measures of civil legal liability, give a brief description of some types of these measures, make reasoned proposals for further development of legislation in the field under studies. The authors of the proposed article refer compensation (recovery) of damages, recovery of penalties (fines, penalties), interests, loss of deposit, payment of deposit in double size, compensation to the measures of civil liability:. There are legitimate, contractual, precl

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Buletsa, S. B. "Concept, types and signs of responsibility in the field of medical activities." Analytical and Comparative Jurisprudence, no. 1 (July 1, 2021): 37–42. http://dx.doi.org/10.24144/2788-6018.2021.01.7.

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The development of medical science, the improvement of the living standards of the population and the establishment of democratic institutions contribute to the increase of the requirements for the activity of medical workers and to the increase of cases of bringing them to justice for improper performance of professional duties. Civil law distinguishes between types of liability according to different criteria. Thus, on the basis of the rights and obligations, for the violation of which liability is established, it is divided into contractual and non-contractual. Contractual and non-contractu

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Patel, Dhruti. "Policing Corporate Conduct Toward Minority Communities: An Insurance Law Perspective on the Use of Race in Calculating Tort Damages." University of Michigan Journal of Law Reform, no. 53.1 (2019): 227. http://dx.doi.org/10.36646/mjlr.53.1.policing.

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Courts commonly use U.S. Department of Labor actuarial tables, which explicitly take into account the race of the tort victim, to determine average national wage, work-life expectancy, and life expectancy. This practice has led to wide discrepancies between average damage awards for minority plaintiffs compared to white plaintiffs even if both plaintiffs are similarly situated. While recent legal scholarship criticizes the use of race-based tables and addresses the Equal Protection and incentive concerns such tables present, few courts have deviated from the explicit use of race in determining

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Nuredini, Bashkim, and Ruzhdi Matoshi. "Business ethics and corporate social responsibility comparative approach between capitalism, socialism and Islamic economy." Corporate Governance and Organizational Behavior Review 6, no. 4, special issue (2022): 208–20. http://dx.doi.org/10.22495/cgobrv6i4sip2.

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The purpose of this study is to present contemporary trends in the field of business law through comparative analysis by presenting the similarities and differences regarding issues related to business ethics and corporate social responsibility (CSR) within the three economic systems, capitalism, socialism, and Islamic economics. The concept of the capitalist economy is based on capital and has the welfare of large corporations as a priority. Socialist economics prioritizes the interests of the state, while Islamic economics is human-centered and it prioritizes the well-being of the individual

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Kucher, V. O. "Judicial method of protecting patients’ rights." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 146–51. https://doi.org/10.24144/2307-3322.2024.86.2.23.

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Healthcare is a priority area of social activity, the purpose of which is to provide medical care. Despite a sufficient legislative base, the issues of civil law protection of patients’ rights are not sufficiently developed, since the latter are regulated by numerous multi-sectoral laws and by-laws, which complicates their application and interpretation. Protection of patient rights can be carried out in non-jurisdictional and jurisdictional forms. Non-jurisdictional protection of patient rights involves self-defense of their rights and legitimate interests. In turn, jurisdictional is an admin

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Quartey, Michael K., and Theophilus Edwin Coleman. "The Law Applicable to Tortious Liability: a Comparative Analysis of Article 4 of The Rome II Regulation and Private International Law in Ghana." Journal of Comparative Law in Africa 10, no. 1 (2023): 1–40. http://dx.doi.org/10.47348/jcla/v10/i1a1.

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The law applicable to tortious liability involving a foreign element has become one of the most vexed questions in private international law. This can be attributed to technological advancements and the movement of people and goods across state lines. Accidents involving a foreign element are, therefore, reasonably foreseeable. Torts such as online defamation, accidents involving self-driving vehicles, and other technological acts involving a foreign element have heightened the possibility of cross-border torts. Considering the complexities associated with cross-border torts, the European Unio

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Kim, Eo-Jin, and Ku-tae Chung. "Japan's tort liability for Japanese Military Sexual Slavery victims as perpetrators of anti-human rights crimes : Focusing on the Seoul High Court Judgment of November 23, 2023, Case No. 2021Na2017165." Legal Studies Institute of Chosun University 31, no. 3 (2024): 531–74. https://doi.org/10.18189/isicu.2024.31.3.531.

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The Seoul High Court's 2021Na2017165 decision, dated November 23, 2023, is a case in which victims of Japanese military comfort women during World War II filed a claim for compensation against Japan. The main issues are ① whether the principle of state immunity applies, ② international jurisdiction and governing law, and ③ the extent of liability for damages. The main contents of this study are summarized as follows. First, current international customary law, legislation of each country, and case law of some courts regard serious human rights violations due to crimes against humanity as viola

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Bandžović, Sead. "Ropstvo u Antičkom Rimu." Historijski pogledi 6, no. 9 (2023): 391–409. http://dx.doi.org/10.52259/historijskipogledi.2023.6.9.391.

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The institution of slavery was characteristic of all the civilizations from Mediterranean basin in ancient times. However, slavery had its widest application in the Roman state, for which it was of immense importance, since slaves were seen as the driving force of Roman social and economic system. Slaves (servus, puer) were treated as “speaking tools” (instrumentum vocale). The position of the individual in the Roman state was regulated in detail, and there were three special positions: status civitatis (Roman citizen or foreigner), status familiae (elder of the family or its member under the

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Changjun, Wu, and Li Ziyan. "Empirical Analysis and Countermeasure of Know-Fake-Buy-Fake Cases in the Field of Food Safety." International Journal of Trend in Scientific Research and Development 4, no. 1 (2019): 367–71. https://doi.org/10.5281/zenodo.3605843.

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The cases of know fake buy fake' are important manifestation of food safety liability disputes at this stage in China. In the cases of know fake buy fake', tortious act mainly involved the controversial focus of the consumer identity confirmation, the unsafe food identification standard and the application of ten fold the price penalty. Changjun Wu | Ziyan Li "Empirical Analysis and Countermeasure of Know-Fake-Buy-Fake Cases in the Field of Food Safety" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | I

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Khanderia, Saloni. "The Question of the Applicable Law in Cross-Border Claims on Product Liability: Reflections from India." Global Jurist, May 27, 2021. http://dx.doi.org/10.1515/gj-2021-0025.

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Abstract The blurring of international barriers has impacted the nature and complexity of tortious claims and, in particular, those concerning product liability. Products manufactured in one country are often sold or used in another State – and there is often a separation in time and space between the occurrence of the harmful behaviour the resultant injury. For this reason, countries across the globe have increasingly considered it inappropriate to subject such claims to the same mechanism to identify the governing law that applies to other tortious claims of different nature such as negligen

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Horislavska, Inna. "Correlation of mediation as an alternative way to protect civil rights and interests and tort liability." Law. Human. Environment 14, no. 1 (2023). http://dx.doi.org/10.31548/law/1.2023.23.

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The trends and challenges of modern society stimulate a review of the features and characteristics that define law as a set of social norms and shape its image through the provision of legal norms either with means of coercion, or by encouraging the use of other, alternative methods. Changes of a global nature, which are connected not only with the war in Ukraine, are accompanied by alternative methods of protecting the rights of participants in civil relations. The purpose of this study was to establish the legal and scientific and practical principles of the mediation procedure as one of the

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