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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.
Texte intégralRésumé :
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 insurance relationship and the facultative civil liability insurance and through the review of the particularities of reinsurance and the features that differ it from insurance, to, ultimately, reinforce the initial statement that served as a premise for this work.
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 actions of the doctors in performing their professional activities, the paper also deals with the responsibility of medical institutions for the damage being caused. An inaccurate definition of the legal nature of doctors' responsibilities, obligations imposed on medical workers by law, the definition of errors in a medical treatment, as well as the legal basis of liability to third parties, indicate that there are many not only legal but also ethical and moral dilemmas requiring the additional attention and analysis, which is also the goal of this paper.
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 weak and inconsistent with the common law's approach to questions of civil liability. That approach is to give a plaintiff a cause of action against a defendant not solely because of something the defendant has done, but because there is a legally relevant link between what he has done and the plaintiff's condition. That is, the plaintiff must, in order to establish a right, satisfy some criterion for linking the defendant's behaviour to his complaint.
5
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.
Texte intégralRésumé :
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 have to cover losses caused to third parties. This research had a questionnaire to the accounting professionals of the city of São Mateus do Sul, applied through virtual means with the intention of perceiving the knowledge of these professionals about the civil liability and insurance contract of the accountant. Based on this research, it was verified that the accounting professionals are aware of the accountant's civil liability and of the coverage insurance, however the majority identified themselves as not contracting this coverage instrument.
6
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.
Texte intégralRésumé :
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 perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.
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.
Texte intégralRésumé :
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 or contract for the implementation of a specific form of liability. The essence of liability for breach is that it, first, reimburses the creditor for property losses caused by breach of obligation by the debtor; secondly, encourages the debtor to properly fulfill the obligation; third, punishes the debtor for non-performance or improper performance; fourth, to some extent, it encourages the creditor to enter into an obligation, as it provides compensation for possible losses caused by the failure of the counterparty; fifth, it confirms in the eyes of others the facts of the debtor's indiscipline. It is important in determining the civil liability for breach of contract to comply with the principles of good faith and reasonableness of the parties to civil relations, which should be applied in assessing the actions of the debtor. Prosecution is the implementation of the sanction of the legal norm established in the case of a civil violation. That is, the liability to which a violator of a civil obligation can be held is one of the most important institutions of civil law. The issue of civil liability for breach of contract is a very important element of protection of the human right to civil protection.
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.
Texte intégralRésumé :
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 the members of the legal profession highlighted several perceived inadequacies and inequities of the treaties. The views expressed by certain States and regional blocks highlighted the redundancy of the instruments in the face of regional and national legislation that cover liability for third-party damage caused by aircraft. This article discusses in depth the features of the two treaties and analyses the issues that have been raised by interested parties.
9
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.
Texte intégralRésumé :
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 binding sale and purchase agreement issued by a notary causes harm to him is to send a subpoena, carry out an unlawful act lawsuit, report an alleged criminal act and make a complaint to the Regional Supervisory Council. The form of liability that can be borne by a Notary for the issuance of the Deed of Sale and Purchase Binding Agreement which is detrimental to third parties is civil liability by compensating for losses suffered by third parties in accordance with the provisions of Article 1365 of the Civil Code (KUHPerd) and criminal liability, namely serving a criminal sentence in accordance with the criminal provisions in Article 263 paragraph (1) and (2) or 264 or 266 of the Indonesian Criminal Code (KUHP) and ethically responsible according to Article 85 by receiving administrative sanctions.
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 of the legal status of such subjects of labor law, as well as in the peculiarities of the labor relations that arise between the civil servant and his employer. The peculiarities of the content of full or limited liability of a civil servant are disclosed in the specifics of the compensation of the damage caused by the employee, which depends directly on the subject to whom such damage was caused, namely: a) liability for damage caused to third parties; b) liability for damage caused to the state (employees guilty of damage to a state-owned enterprise, institution, organization of damage, bear financial responsibility: only in the presence of direct actual harm; regardless of bringing the employee to other types of legal liability for the same illegal acts that were damage to the state; to the extent that must be limited to a certain part of the civil servant's salary, but not more than his average monthly salary, except in cases provided for by law).
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 members of bodies and persons performing the functions of business entities has now been established where such a legal entity is held administratively liable for an administrative offence committed by its authorised person. An example of this is cases involving liability for violations of the requirements of the legislation on the provision and disclosure of information in financial services markets.
 In general, it should be taken into account that the performance of a specific individual on behalf of a business entity in civil turnover does not change the independent nature of the will, behaviour and responsibility of such a legal entity for its actions in civil relations. It has been argued that, based on the general tenets of civil law, abuse of authority as a ground for liability of bodies and persons performing the functions of business entities has its own specifics of application. This is due not only to the actions (inaction) of such persons, but also to the counterparty’s (third party’s) awareness of the fact that the representatives of such a company act within the scope of their powers.
 It has been proved that the fact that a body and/or a person performing the functions of a business entity’s body committed unlawful, unfair actions or abused its authority is not the only and sufficient ground for invalidating transactions (agreements) concluded by this body on behalf of a legal entity with third parties. There is a need to prove that the counterparty knew (should have known) that the authority to represent the rights and interests of the business entity was limited by its body or a person performing the functions of such a body.
12
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.
Texte intégralRésumé :
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 with the scope of abuse of powers, the second with its effects. Part one asks « When does a mandatory abuse his powers ? » and answers by distinguishing between the wrongful exercise of mandatory's actual powers and the exercise, right or wrong, of non-existant powers. Part two then asks « What are the effects of abuses of powers ? » and deals on one hand with the liability towards third parties of both mandators and mandatories, and on the other hand with the liability of mandatories towards their mandators. The interest of part one lies mainly with the distinction it makes between two types of abuses of powers and with the analysis of the remarkable contribution of the Report on administration of the property of others into the field of Mandate. Part two derives its interest from the study of rules aimed at protecting third parties against abuses of powers of mandatories, and from testing the relevance of distinguishing between two types of abuses of powers. One conclusion, among others, emerges from this article. Mandators are fully liable towards third parties when mandatories abuse their powers by using them wrongfully. Conversely mandators are not liable when mandatories abuse their powers by using non-existant powers, although this principle suffers exceptions numerous enough to constitute a genuine regime of protections for third parties against self-empowered mandatories. The article suggests however that Quebec Law could go one step further by improving protection of third parties under the existing notion of apparent mandate, especially for those dealing with companies.
13
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 regions; the short construction period and the modular structure of SNPP; availability of potential to improve safety and reliability; reducing the size of the sanitary protection zone up to the boundaries of the technological site; the reality of liability insurance (full financial responsibility of the operator) for nuclear damage to third parties caused by an accident at SNPP at reasonable financial costs; industrial serial production; ability to move the entire nuclear power plants with small modular reactors in the assembled form, etc. 
 A comparative analysis of the technical characteristics of the SNPP and a conventional nuclear power plant from a safety perspective is made.
 Results: The results of the SNPP safety analysis performed on the basis of the design documentation of the floating nuclear power plant “Akademik Lomonosov” is presented, with particular attention to assessing the consequences of design and beyond design basis accidents, in terms of probabilistic safety analysis and assessment of the maximum possible damage to third parties. The maximum possible damage to third parties from severe accidents is estimated to be about 0.5 billion RUR, which is hundreds of times less than damage from a catastrophic accident at a conventional NPP. Estimated costs for insurance of damage to third parties from an accident at SNPP will not exceed 1 kopeck/kWh. Possible approaches to civil liability insurance for nuclear risks and aspects of legal support are considered.
 Conclusions: The results of the analysis allow to conclude that it is possible to provide in the future: the achievement of practically assured safety of the SNPP for the environment and the public in normal operation and possible design and beyond design basis accidents; real civil liability insurance for nuclear risks of SNPP at reasonable financial costs.
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.
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 domestic law of obligations, the introduction of pro-creditor approaches in the practice of resolving disputes related to securing obligations, the borders between the suretyship and an independent guarantee are washed away. Both of these means today assume a third party’s monetary liability in case of a debtor’s malfunction in a secured obligation (suretyship is de jure, and an independent guarantee is de facto). There are obvious tendencies to give the qualities of accessory independence of an independent guarantee and, on the contrary, to the formation of signs of the abstractness of suretyship. In this regard, the author makes an assumption about the further development of personal methods of securing obligations in Russian civil law.
16
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.
Texte intégralRésumé :
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 the use of their vehicles. The social function of this obligatory insurance is inextricably linked with the protection of third parties against the effects of frequent adverse incidents resulting from the use of motor vehicles in the modern world. What is more, a compulsory insurance contract ought not to be treated as a financial burden for vehicle owners, because it both protects possible perpetrators of motor accidents from serious financial charges and prevents an excessive depletion of their assets due to civil liability. The above-mentioned judgment concerns the confirmation of the principle that in the current Polish legal system there is no possibility of either ignoring the obligation to conclude a civil liability insurance contract or being exempt from such obligation, where the owner is not able to use the vehicle for some period owing to its technical condition.
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.
Texte intégralRésumé :
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, taking into account their role (management of activities, provision of property, personal labor, creative activity or other participation) and the presence or absence of the status of an individual entrepreneur.The purpose of the research is to develop theoretical provisions aimed at creating a holistic scientific understanding of the features of responsibility to third parties in the implementation of family entrepreneurship.Objectives: to identify the features of the responsibility of participants in family business activities to third parties when using various organizational and legal forms for its implementation.Methodology. In carrying out this study, the dialectical-materialistic method, the systematic method, methods of analysis and synthesis, the formal-legal method were applied.The results of the research are of a theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.The conclusions made in the article are of a debatable nature and are aimed at further research of the stated topics, the search for optimal solutions to problems arising in the implementation of family entrepreneurship. The article is a continuation of the author's scientific research on the subject under consideration.
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 customer data by banks to third parties must be based on the fiduciary principle, prudential principle, and principle of amanah, since the misuse of customers’ data can lead to administrative sanctions, criminal sanctions, and civil liability.
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 and the person authorized to conclude a contract with him is of a civil nature. Theory and jurisprudence have not dealt much with the legal qualification of this relationship or have done it only marginally. Moreover, the explanation of the judgment of the Supreme Court of Cassation on the solidary liability of the accused and the certain person (wife) opens a number of questions, which are the subject of research in this paper. First of all, what is the legal nature of the contract that a lawyer concludes with a client? Is it possible to conclude such a contract in favor of a third party? What is the legal nature of the subsequent granting of a power of attorney? If a contract is concluded in favor of a third party, what is the legal effect of such a contract concluded between the parties? Does the contract in favor of a third party also result in an obligation for a third party? Finally, bearing in mind that the solidary liability is not explicitly agreed, from what does the court derive that kind of liability?
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 party. The article examines the insurer’s role in ascertaining facts of the case and conducting a legal assessment, as well as in obtaining material evidence necessary to handle claims of injured parties pursued against the insured entrepreneur and the third party liability insurer. In addition to discussing the application of Article 6 of the Polish Civil Code in the claim settlement procedure, the article addresses the objectives and functions of business third party liability insurance in the context of evidence collecting and weighing. Furthermore, the author considers the legal standing and scope of the insurer's activity in cases where the injured party has instituted court proceedings.
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.
Texte intégralRésumé :
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 are still some exceptions. The enacting of the article 595 of the Civil Code is to distinguish the relationship between sales contracts and other contracts, which is unable to combine it with the article 598 and then deem the double effects of the sales contracts. The distinguish between juristic act of liability and juristic act of disposition in Chinese civil law has been confirmed by the juridical practices, which contained in the article 215 of the Civil Code. This distinguish is a summary of social and life experiences, particularly outstanding in the presale of house, the real estate register and the non-real time sales. In the real estate register, the consensus of both parties includes in the registration application, their signature means the agreement for the change of real right. The article 597 of the Civil Code stipulates the juristic act of liability’s effect when the seller has no right to dispose it. The distinguish principle in the theory of juristic act of real right, is not only beneficial to protect the third party, but can also clearthe legal relation in the complicated disputes. In this condition, some scholars still deny that the separation of juristic act of liability and juristic act of disposition is induced by the preconceived notions. Although the principle of abstraction has some advantages to protect the transaction safety and simplify the trading programs, no identified basis can be found in the examinational scope and related law when the authority handles the registration.
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 the trial court without any separate legal explanation. The main purpose of this article is to point out the problem of the judgment of the above court regarding the starting point of the extinctive prescription of the right to claim alimony for divorce against a third party. Liability for damage due to infidelity itself is different from the liability for alimony in cases where the breakup of the marriage relationship or divorce occurs due to the infidelity, in view of the contents of the provisions of the Civil Act and the Family Litigation Act, and the difference of the causes and damages of each liability. The starting point of the extinctive prescription of the right to claim for alimony for divorce should be regarded as the time of dissolution of the marriage (or when the divorce is established). The 2nd trial court's argument that the extinctive prescription of the right to claim for alimony for divorce has been completed is not an argument for the extinctive prescription itself, but an argument for whether it is appropriate to acknowledge the liability for alimony for divorce to a third party. On the other hand, whether or not the right to claim alimony for divorce against a third person is acknowledged requires a separate review. It is difficult to generally recognize the right to claim alimony for divorce against a third party. The reason is as follows. First of all, the liability for compensation for alimony due to extreme mental anguish suffered by a victim spouse due to the involvement of a third party in cheating can be acknowledged through the exercise of the right to claim for cheating itself in a civil court not a family court. Secondly, it is difficult to uniformly admit a causal relationship between temporary or short-term cheating and divorce. The establishment of divorce is the result of a decision based on the free will of the couple concerned. A third party who participates in cheating violates the contractual relationship between the victim and the offending spouse. Nevertheless, if a third party urges the victim spouse to divorce by threats or coercion, or if the third party maintains a de facto marital relationship with the spouse at fault until the judicial divorce is established(if there are special circumstances where it can be seen that the third pary has an intention to break up the marriage relationship of the other person), the third party's liability for alimony for divorce must be acknowledged.
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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.
Texte intégralRésumé :
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 before enjoying civil immunity. In contrast, in China, even after an intermediary properly follows the notice-and-take-down mechanism, it may still be subject to civil liability under the Chinese Consumer Law. Further, this paper argues that the policy priority for the law for Internet intermediaries varies fundamentally in the three jurisdictions. The US law for intermediaries’ liability focuses on protecting freedom of speech. The EU emphasizes the protection of personal information as a fundamental human right. Contrastingly, Chinese policy priority is unclear. Consumer protection has boomed in public popularity and increasingly attracted the attentions of the legislature and judiciary in China. However, it is doubtable that the protection of consumers can provide a prevailing policy support for Chinese law in the same way as freedom of speech and the protection of personal information do under the laws of the US and the EU, respectively.
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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 consists of a critical examination of doctrine, legislation and jurisprudence related to the matter. The advent of the Marco Civil da Internet presents flaws and advances in the regulation of the matter, reflecting the challenges in reconciling freedom of expression with an effective regime of protection and reparation to victims.
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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 deontological relevant factors of counseling, and consultants’ liability are identified. The wide range of responsibility, and liability of veterinary consultants is demonstrated. A veterinary counselor may be subject to various types of civil liability in relation to the person seeking advice, as well as to third parties. It is argued that an explicit, or implicit advisory clause in a contract, or an independent consulting agreement may be concluded, with the special regime of liability for veterinary advisorship. The conclusion is that – despite the fact that scope and liability differ in the discussed types of advisorship – the connecting factors are: specialist knowledge, which as advice or information is provided by a specialist in relation to a non-specialist, as well as the obligation to respect professional veterinary ethics.
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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 by the legislator and liability without fault is an exception of the fault principle and the injured party to claim compensation of loss does not need to prove fault, so the builders and supervisors must take utmost caution in this regard. But about how, when and who they can plan their complaints, aside from the client, third parties such as buyers, passengers, entrants to the construction site and owner’s adjacent can all sue against the above-mentioned persons and all of them are relatively liable for damages to life and property losses of injured persons.
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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 parent company and subsidiary, the parent company is always liable if the acts of the subsidiary which led to a realisation of the elements of liability were committed by order of the parent company or if another type of influence of the parent company on the acts of the subsidiary can be established. In contrast to that, liability under German criminal law, as a rule, applies as to the individual employees of the enterprise. With respect to the avoidance of liability, only a combination of various measures, such as prohibitions and the development of more self-responsibility and self-control of the enterprises, will lead to the greatest success. In particular the principles of the eco-audit should be applied in each enterprise even without an official participation in the eco-audit system.
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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, which requires justification of the conceptual principles of the adopted approach, allowing to narrow all cases of this kind to a single system. It is noted that the relations concerning compensation for harm to health provide extensive ground for discussing individualizing educational and preventive principles of tort liability, not related to the use of such a means of protecting a violated right as compensation for moral harm, which is caused by the conditional nature of the list of losses and costs provided for in paragraph 1 of Article 1085 of the Civil Code of the Russian Federation, by the existence of alternative ways to assess physical harm, implemented in special types of insurance and by the lack of a unified system for determining the consequences of causing damage to health and other factors. The author proposes the mechanism of objectification in the norms of civil law of the corresponding doctrinal decision applicable in combination with the current legal regulation of insurance means of compensation, constructions of liability for third parties and liability regardless of fault. Implementation of this proposal also requires departure from the restrictive method of determining the amount and nature of the harm caused to health to be compensated based on the norms of social security law and to make necessary amendments to Section 2 of Chapter 59 of the Civil Code of the Russian Federation.
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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 essential not only to respond to the challenges of the moment but also to look forward and develop new rules based on short-term forecasts. There is no longer any reason to claim categorically that the rules governing the institute of legal responsibility will definitely not require fundamental changes, contrary to earlier belief. This is due to the growing autonomy of AIS and the expansion of the range of their possible applications. Artificial intelligence is routinely employed in creative industries, decision-making in different fields of human activity, unmanned transportation, etc. However, there remain unresolved major issues concerning the parties liable in the case of infliction of harm by AIS, the viability of applying no-fault liability mechanisms, the appropriate levels of regulation of such relations; and discussions over these issues are far from being over. Purpose: basing on an analysis of theoretical concepts and legislation in both Russia and other countries, to develop a vision of civil law regulation and tort liability in cases when artificial intelligence is used. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods: legal-dogmatic and the method of interpretation of legal norms. Results: there is considerable debate over the responsibilities of AIS owners and users. In many countries, codes of ethics for artificial intelligence are accepted. However, what is required is legal regulation, for instance, considering an AIS as a source of increased danger; in the absence of relevant legal standards, it is reasonable to use a tort liability mechanism based on analogy of the law. Standardization in this area (standardization of databases, software, infrastructure, etc.) is also important – for identifying the AIS developers and operators to be held accountable; violation of standardization requirements may also be a ground for holding them liable under civil law. There appear new dimensions added to the classic legal notions such as the subject of harm, object of harm, and the party that has inflicted the harm, used with regard to both contractual and non-contractual liability. Conclusions: the research has shown that legislation of different countries currently provides soft regulation with regard to liability for harm caused by AIS. However, it is time to gradually move from the development of strategies to practical steps toward the creation of effective mechanisms aimed at minimizing the risks of harm without any persons held liable. Since the process of developing AIS involves many participants with an independent legal status (data supplier, developer, manufacturer, programmer, designer, user), it is rather difficult to establish the liable party in case something goes wrong, and many factors must be taken into account. Regarding infliction of harm to third parties, it seems logical and reasonable to treat an AIS as a source of increased danger; and in the absence of relevant legal regulations, it would be reasonable to use a tort liability mechanism by analogy of the law. The model of contractual liability requires the development of common approaches to defining the product and the consequences of violation of the terms of the contract.
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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 cannot be specifically attributed to either of the parties.
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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 profits and bear losses in proportion to their respective shares) and its conclusion did not affect their liability against third parties. The partners had no right to bind themselves contractually to any third parties, unless they all acted jointly (in this case, however, their joint representation was derived from their expressed declarations and not the existence of a contract o f partnership). Thus, any commitment made by an individual partner, even if made within the scope of a partnership having obtained other partners’ consent, was treated as a personal debt of this partner and the remaining partners were not liable against his contractor. Then, of course, the partner who made a commitment (acting within the partnership’s business) could claim a part of what he had paid to a third party from other partners in proportion to their respective shares in the common enterprise.Such a solution was necessary because of the purely consensual character o f the Roman partnership and the lack of any formal procedure of its conclusion and dissolution. The existence of that contract could not affect the model of the external liability of partners, because it would be too risky for third parties, which had no possibility to make sure if a contract of partnership between some persons had been actually concluded or not. Thus, the role of a contract of partnership in the Roman law was only limited to determine a mutual liability o f partners, to specify their respective rights and obligations and to define the scope of their liability against other partners.There are only a few written sources concerning so called specific kinds of partnership characterized by untypical joint and several responsibility of partners. Moreover these texts are not very clear and are difficult to interpret, so the issue of specific kinds of a partnership is a matter of doubts among Romanists. Some authors even believe that the specific types of partnership did not exist in the Roman law at all.It should be firstly observed that the texts regarding a contract of partnership itself (the texts included in the title pro socio of Justinian’ Digest) did not raise the question of the external liability of partners because they were devoted to internal settlement o f accounts within sociu Thus, taking into account only these texts one cannot ascertain that a conclusion of a contract of partnership could not affect in any way the model of the partners’ liability against third parties.Secondly, the other texts concerning the regulation of conducting an economic activity in the Roman law (actio institoria, actio exercitoria and actio de peculio) present some regularity in an introduction of joint and several liability of debtors.On the one hand that model of the liability was introduced in situations in which protecting safety of trade required that the creditor be able to claim a whole amount o f the debt from one person only.On the other hand this model of liability could be introduced only in these cases in which some internal relation existed between several debtors. On the grounds of such relations the debtor who satisfied in full the creditor’s claim could sue other debtors in order to recover their respective parts in the debt. In the Roman law that internal relation that guaranteed the possibility of a recourse could be either a joint-ownership or a partnership.Having considered that, one may say that the texts concerning specific kinds o f partnership do not prove existence of any special type of societas. These sources regard only the situations when a joint and several liability between several debtors was introduced because it was justified by the circumstances: that is the necessity to protect the safety of trade on one hand and the existence of the contract of partnership that guaranteed a possibility to realize the recourse, on the other.In conclusion one may say that although a closing of a contract of partnership did not create a joint and several liability of partners, in some cases its existence was decisive for introducing this model of liability since it guaranteed to every party a possibility to act against the others to obtain the recourse. Thus, Roman jurisprudence made an important step towards the future introduction o f joint and several liability of partners as a rule of a civil law.
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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 provisions of the Federal Law No. 40 of April 25, 2002 'Concerning Compulsory Civil Insurance of Owners of Means of Transport' that set forth several ways of compensation of harm as a result of road traffic incident, each way has its own proper defendant. The results of the theoretical analysis allow to describe a range of potential proper defendants nunder third party liability insurance contract. This proves the importance of the issue raised by the author of the article. The practical importance of the research is proved by the author through analyzing procedural competences of court and what defendants may be involved in the dispute.     
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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 authority, with special regard to the protection of the interests of the parties involved.
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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 when the company is faced with unfulfilled tax obligation. Therefore, the main problem in this research is the director board of Sumber Urip Sejati Utama's Ltd. civil liability and legal consequences towards the tax in debt due to the board’s negligence. The research method used in this study is a normative juridical approach, which is an approach based on the primary legal material by examining theories, concepts, legal principles and legislation. The research elaborates that the civil liability of Sumber Urip Sejati Utama Ltd.’s director board towards the tax in debts is in a form of joint responsibility or responsibility. Moreover, the legal consequences faced by the director boards due to their negligence is that directors should bear all of the company's debts to creditors and third parties, to the extent of using the directors' assets to cover the losses.
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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 professional liability insurance as one of the types of compulsory insurance for individuals whose activities may cause harm to third parties, according to a list determined by the Cabinet of Ministers of Ukraine [1]. Unfortunately, at present, this list has not been defined, thus there is no obligation for owners of healthcare institutions and private medical practitioners to insure their professional responsibility towards third parties, namely patients. This is also influenced by the lack of unity in understanding the fundamental concepts used in the legal regulation of such insurance. “Medical error,” “professional risk,” and “professional responsibility” are the problematic issues explored in our work. Insurance of medical workers’ professional liability is a type of civil legal relationship aimed at protecting the property interests of medical workers and healthcare institutions in the event of certain events defined by the insurance contract or current legislation. The analysis of the main legislative and theoretical provisions regarding specific legal norms of insurance of medical workers’ responsibility has allowed us to formulate our own definitions that can be applied in the legal field.
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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 automatically translates into the civil liability of the parent company for damages suffered by third parties due to an infringement of competition law committed by a (wholly owned) subsidiary. Résumé: Bien que la Cour de Justice ait explicitement affirmé, dans l’arrêt Akzo Nobel, que le comportement anticoncurrentiel d’une filiale dont le capital est détenu en totalité par la société mère peut être imputé à cette dernière lorsque toutes deux font partie d’une même unité économique, il est permis de douter que cette théorie de l’identification soit réellement la justification de la condamnation conjointe et solidaire de la société mère au paiement d’une amende pour cartel. Le présent article analyse non seulement le véritable fondement de la responsabilité, en droit de la concurrence, de la société mère pour les infractions en matière de cartel commises par une filiale détenue à 100 %, mais envisage également la question de savoir si cette responsabilité implique en outre, automatiquement, une responsabilité civile de la société mère pour les dommages subis par des tiers à la suite d’une infraction au droit de la concurrence commise par une filiale détenue à 100 %.
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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 total amount of compensation available under the 1992 Conventions was increased from United States (US) $210 million to US $315 million for incidents occurring after 31 October 2003 In view of the experience of recent major incidents, the 1992 Fund set up a Working Group to hold an exchange of views concerning the need for and possibilities of improving the international compensation regime established by the 1992 Conventions. As a result of preparatory work carried out by the Working Group, a Diplomatic Conference held in May 2003 adopted a draft Protocol establishing an optional third tier of compensation by means of a Supplementary Compensation Fund which would provide additional compensation over and above that available under the 1992 Conventions. The total amount of compensation available for pollution damage in the nations that become Parties to it will be US $1,150 million per incident, including the amounts payable under the 1992 Conventions. The Protocol will enter into force on 3 March 2005. The Working Group continues its review of the 1992 Conventions and will examine a number of issues, inter alia, shipowners' liability. It is expected that the Working Group will make its final recommendations to the 1992 Fund Assembly in 2005 as to whether the 1992 Conventions should be re-opened and, if so, which issues should be considered.
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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 paid to the problem of protecting the rights of the child when using genomic technologies, including preimplantation genetic testing. Purpose: to solve the problem of developing the conceptual foundations of civil rights protection under civil law when using genomic technologies in the field of artificial human reproduction, which involves researching the grounds and peculiarities of applying methods of civil rights protection when using genomic technologies, in particular the technology of preimplantation genetic testing, which will make it possible to productively use these constructions; to create a uniform law enforcement practice in this area. Methods: general scientific, interdisciplinary methods common to the science of civil law and biomedicine (e.g. mathematical method, logical method) and methods specific to each of these sciences; logical, comparative legal, formal legal methods. Results: the author has studied the following: the available Russian and foreign regulatory framework and doctrinal sources on the protection of civil rights, especially the rights of the child, in the field of genomic technologies application; the implementation of the methods of protecting civil rights when using genomic technologies and, in particular, protecting the rights of the child, with attention focused on the specific features of the parties involved in legal relations in this area; the peculiarities of the legal nature of civil liability in the considered category of disputes. Conclusions: the paper provides conclusions reflecting the author's conceptual view of the problem of civil rights protection under civil law when using genomic technologies, in particular, the technology of preimplantation genetic testing. There were determined the directions for improving legislation in relation to persons born as a result of artificial reproduction with the use of genomic technologies; the limits of genomic technologies application in the field of reprogenetics and the conditions of liability in case of their violation were justified.
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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 responsabilidad civil antes y después de sismo de 16 de abril de 2016 en Manabí, en Ecuador, por haber sido una de las provincias más afectadas por dicho evento. La investigación fue documental y de campo, el alcance fue exploratorio y el diseño transversal – no experimental. La información documental se obtuvo de los informes de la Federación de Empresas Aseguradoras después del sismo y la de campo se recolectó a través de entrevistas realizadas a dos representantes de empresas aseguradoras y dos representantes del sector empresarial de la provincia de Manabí. Los resultados indican que la cultura de seguros de responsabilidad civil mejoró después del sismo, pero no en niveles óptimos. Se concluye que para incrementarla se requiere de la integración coordinada de acciones de Estado, empresas aseguradoras y empresas no aseguradoras, para que de ocurrir nuevamente una tragedia como la del 16 de abril de 2016, el Estado y las empresas no tengan necesidad de altos niveles de endeudamiento para recuperarse económicamente.
 
 Palabras clave: aseguradoras; empresas; cultura de seguros de responsabilidad civil; gestión de seguros.
 
 Abstract
 Civil liability insurance has become the most important policy that any company must acquire to settle damages or losses for which it may be civilly liable, whether to the company or third parties. In developing countries, the trend is that there is little culture of civil liability insurance, however, the earthquake that occurred in Ecuador on April 16, 2016 has been considered to be a stimulus to improve that culture in the country. For this reason, the objective of this article is to characterize the culture of civil liability insurance before and after the earthquake of April 16, 2016 in Manabí, Ecuador, for having been one of the provinces most affected by said event. The research was documentary and field, the scope was exploratory and the design was transversal - not experimental. The documentary information was obtained from the reports of the Federation of Insurance Companies after the earthquake and the field information was collected through interviews with two representatives of insurance companies and two representatives of the business sector in the province of Manabí. The results indicate that the culture of liability insurance improved after the earthquake, but not at optimal levels. It is concluded that to increase it requires the coordinated integration of State actions, insurance companies and non-insurance companies, so that if a tragedy like that of April 16, 2016 occurs again, the State and companies do not need high levels debt to recover financially.
 
 Keywords: insurers; companies; culture of civil liability insurance; insurance management.
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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.
Texte intégralRésumé :
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 relationship between the manager and the owner of the property were also taken into account, including the possibility of a contractual extension of liability.
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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.
Texte intégralRésumé :
The following article deals with the problem of « misuse of office » in the principal-agent relationship under Quebec civil law. Despite the abundance of case law, solutions to the problem are not well defined especially in cases involving personality defects of the agent. The law concerning « misuse of office » is generally to be found in article 1054(7) of the Quebec Civil Code concerning the liability of principals. This controverted article not only deals with the liability of masters for servants, but also with the problem of torts committed by agents (art. 1731 C.C.). It also has an effect on workmen's compensation laws. The main issue in « misuse of office » is the determination of what constitutes a carrying out of duties within the scope of employment. The principal can only be held liable for the tort of an agent if three conditions are met : the tort feasor must have been his agent ; he must have committed a wrongful act ; and this act must have been committed in the scope of his employment. After a general view of the fundamental principles involved, the paper defines « misuse of office » as « all torts committed by an agent in the exercice of his duties, even when not authorized to carry out the duties in the manner which he did, but where the activity is designed to benefit his principal ». The only case where the principal escapes liability is where the agent committed a tort which did not involve his work. The agent in that case no longer acts for the benefit of his principal, but is pursuing his personal interest. The principal is then no longer held liable. Determination of the notion of « benefit » therefore becomes essential. Far from being a simple question of monetary profit, it is extended to mean any activity which can serve the principal's enterprise, whether in the improvement of public relations, or of relations with staff or suppliers. The pecuniary gain becomes but one element amongst many others. It is not even necessary for the benefit to ever materialize. The simple fact that the intention was to benefit the principal is sufficient. The review of the case law leads the author to conclude that the modification of the ways in which the duties are carried out has little effect on the liability of the principal. For instance, the agent can change the time, the place and the manner of performance and still engage the liability of the principal. Quebec courts have gone even further. They have held that an agent can go beyond the usual scope of his duties or take up some that he was not authorized to do, without affecting the liability of the principal. In fact, Quebec courts have developed a broad interpretation of the notion of duty. They consider that the agent is called upon to perform tasks more or less accessory to his main duties and thus extend the principal's liability to all of them. As already stated, the notion of «benefit to the principal» is a determining factor. It is not necessary that the agent's work for the principal be exclusive. The agent that derives a personal benefit and simultaneously intends to benefit the principal, will still be considered to have performed an act in the course of his duties. The paper examines a series of problems involving the personality of the agent. Certain tortious acts can be committed in relations with third parties or co-workers, and are the direct result of a personality defect of the agent. Such is the case of a restaurant worker who physically attacks a client as the result of a dispute or of the agent stealing from a client. The paper points out the great difficulty that Quebec courts have experienced in the legal qualification of this situation. After an in-depth study of the Quebec case law, the paper concludes that the trend is to maintain the liability of the principal in these cases. One criterion appears to be well defined : the principal bears the responsibility, when hiring someone, to assure his clients or the persons with whom he does business, that he will respect their property as well as their moral and physical integrity. The necessary tie between the duties of the agent and the relationship with persons coming in contact with him, will engage the liability of the principal. Every time the agent comes in contact with a person in the carrying out of business, the principal will be held responsible for the damage resulting from personality defects of the agent. In all other cases, the relation will be considered personal to the agent and the principal will be relieved of any liability.
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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.
Texte intégralRésumé :
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. The provisions on remedies have been improved and fine-tuned, starting from the flexible hierarchy of the remedies and ending with deletion of the much-criticized maximum harmonising damages provision. The new directive puts liability for the digital content to the retail sector: it is the traders, the contractual partners of the consumer who are liable for the supply and defects of the digital content even if the digital content is provided by third parties (usually the copyright holders). Whereas the directive is maximum harmonising in principle, several important questions such as the liability periods, obligations of the consumer as well as the remedies of the trader are still left to national law. Finally, as the directive is not based on standard contract typology, the transposition could turn out to be challenging for Member States with civil codes where rules on contractual remedies depend upon contract type.
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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.
Texte intégralRésumé :
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 thorough study of the Civil Code of Ukraine to determine their compliance with the general principles of civil law and the need for appropriate changes and clarifications for proper legal regulation of grounds for liability and release from liability for damage caused by a person exercising his right to self-defense and in a state of extreme necessity . The development of civil legislation of Ukraine in terms of compensation for damage caused by a person in the exercise of his right to self-defense, in conditions of extreme necessity and necessary defense in order to identify gaps and contradictions and formulate proposals for recoding the Civil Code of Ukraine. The purpose of the study is to define the concept of self-defense and extreme necessity, as well as to determine the grounds and conditions of civil liability for damage caused by a person exercising his right to self-defense or in extreme necessity, as well as sanctions applied to a person. The object of the study is the legal relationship arising from the prosecution of a person who caused harm in a state of extreme necessity or in the exercise of his right to self-defense and the application of civil sanctions. To achieve this goal, the following methods were used: formal-legal to study the legal regulation of legal relations; analytical for the correct interpretation of the scope of legal content; system-structural to determine the legal nature of the studied legal relations; historical and legal for the analysis of the development of civil legislation; dialectical to identify contradictions in legal relations and legal regulation. It is noted that in determining the content of self-defense committed by a person, it is necessary to take into account the legal nature of legal relations, as the performance of self-defense actions of a legal nature are mainly contractual obligations, and self-defense actual actions – noncontractual obligations, including tort obligations. The prevailing position in civil science is that self-defense is a way of protecting civil rights and a non-jurisdictional form of realization of this protection. It is noted that self-defense can be carried out in the form of both factual and legal actions, which can be both legal and illegal. Manifestations of self-defense are measures of operational influence, which in science are called operational sanctions. They are designed to prevent specific offenses, usually in contractual obligations and can be applied by a unilaterally authorized person out of court. Varieties of such sanctions are unilateral withdrawal from the contract; unilateral termination of the obligation; actions of the commission agent, aimed at unilateral retention of the thing to be transferred to the principal, in order to ensure their claims under the contract; actions of the commission agent aimed at unilateral deduction of the amounts due to him under the contract, received by him for the principal. Illegal active and passive actions of self-defense can lead to harm to the life, health of the offender, his property, which can lead to prosecution of the person for the damage. The analysis of the norm of Art. 1169 of the CCU, which regulates liability for damage caused by a person in the exercise of his right to self-defense. It is noted that the norm of Part 2 of Art. 1169 of the Civil Code is formulated unsuccessfully, because it does not contain information about "another person" who was harmed by a person who carried out self-defense against unlawful encroachments, and therefore it is not clear who may be obliged to compensate him. In this regard, it is proposed to make appropriate changes to the norm under study in terms of clarifying the person who may be obliged to compensate, introducing the term "causer" of the damage along with the term in the article "person who committed an illegal act". As a general rule, damage caused by a person in cases of exercising his right to self-defense is reimbursed only if the limits of necessary defense are exceeded. In this case, the right to apply a sanction for damages has a person whose actions have become the basis for the application of self-defense. Damage caused to third parties in ways not prohibited by law and which do not contradict the moral principles of society, is compensated by the person who committed the illegal act, and in other cases – by the person who carried out self-defense. That is, in the first case, the third party has the right to apply sanctions for recovery. Keywords: sanctions, liability, protection, compensation for damage, tort, operational measures.
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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.
Texte intégralRésumé :
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 contracts which result in copyrighted works, while also pointing out the copyright regulation of employee works, and separately analyzes work contracts whose subject matter is protected by industrial property law. It also points out the liability of the contractor towards the customer, regarding the delivered work as an intangible result, if the rights of third parties were violated.
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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 insurance. Therefore, this paper discusses several aspects of insurance of musicians, accepted concepts and content, insurance subjects, covered and excluded risks and damages under insurance conditions and business practices of the British insurance market.
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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.
Texte intégralRésumé :
<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 during insolvency proceedings. This is regardless of the fact that the tortfeasor already got a fund, albeit indirectly through the insurer, to compensate the tort victim’s losses. In relation to this issue, the United Kingdom has adopted the Third Parties (Rights against Insurers) Act 2010 which gives right for tort victim to directly claim for compensation against tortfeasor’s liability insurer in the event of tortfeasor’s insolvency. Meanwhile, the Indonesian legal system provides no clear legal protection to the tort victim. Thus, in the event of insolvency, the tort victim cannot obtain compensation from the insurer, but only from tortfeasor’s bankruptcy estate as part of creditors’ debts. Furthermore, as an unsecured creditor, the tort victim will obtain the debtor’s bankruptcy estate after all secured creditors have received their payment.</em>
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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.
Texte intégralRésumé :
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 perspective. This article partially fills this gap by conducting a comparative study related to one of the BRICS areas of cooperation – sustainable development – between two of its members: China and Brazil. Specifically, it compares how both states, as stakeholders, use the legal regime of liability for environmental infractions to influence the green governance of companies. The article, therefore, uses comparative legal methodology, using as its objects of research relevant legal provisions on legal liability for environmental infractions gathered from the legal systems of China and Brazil. The adoption of strict civil liability, liability for environmental damages per se and the extension of criminal liability to legal persons are among the similarities found. As for the differences, it finds that, as a principle, Chinese law shields directors and senior officers from liability toward third parties, while Brazilian law fully extends such liability to these entities; additionally, in the Chinese legal system, the burden of disproving causality between the harm and the activity that caused it falls upon the actor, while the Brazilian legal system adopts a double-standard approach for collective suits and individual suits; and finally, the Chinese law imposes a legal obligation to adopt what, in effect, is close to a corporate environmental management system, while the Brazilian legal system lacks a similar mandate.
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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.
Texte intégralRésumé :
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 access laws between 2001 and 2017; 45 of these between 2012 and 2017. Nationwide mortality from opioid overdose increased from 3.3 per 100,000 population in 2001 to 13.3 in 2016, 42, and 35 jurisdictions enacted laws giving prescribers immunity from criminal prosecution, civil liability, and professional sanctions, respectively. 36, 41, and 35 jurisdictions implemented laws allowing dispensers immunity in the same domains. 38 and 46 jurisdictions gave laypeople administering naloxone immunity from criminal and civil liability. Forty-seven jurisdictions implemented laws allowing prescription of naloxone to third parties. All jurisdictions except Nebraska allowed pharmacists to dispense naloxone without a patient-specific prescription. Fifteen jurisdictions removed criminal liability for possession of non-prescribed naloxone. The 10 states with highest average rates of opioid overdose-related mortality had not legislated in a higher number of domains compared to the 10 lowest states and the average of all jurisdictions (3.4 vs 2.9 vs 2.7, respectively).Discussion:Effective involvement of bystanders in early recognition and reversal of opioid overdose requires removal of legal deterrents to prescription, dispensing, distribution, and administration of naloxone. Jurisdictions have varied in degree and speed of creating this legal environment. Understanding the integration of legislation into epidemic response may inform the response to this and future public health crises.
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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 restrict its liability in proportion to effectively commissioned activity. Exclusion clauses including intentional damage or gross negligence are void, while par. 2 of Article 1229 of the Italian Civil Code permits limitation of liability in cases of minor negligence. The impossibility of changing contractual terms disadvantages the weaker contracting party and the procedure imposed by par 2 of Art. 1341 c.c. has proved inadequate to protect the customer. Art. 9, of Law n 192 of 18 June 1998 (“Disciplina della subfornitura nelle attivita produttive”), which is now considered to be general principle allows exclusion clauses providing for minor negligence to be deemed void, if they oversimplify the debtor position, by defining the requirements of minor negligence. In addition, clauses regarding exclusion or limitation of liability towards third parties, beyond the limit set by Art. 1229, require an assessment based on the nature of the interest which is concretely protected.
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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.
Texte intégralRésumé :
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 towards third parties in the event of a nuclear accident. Channelling is an oddity of nuclear liability law. It deviates from the nuts and bolts of ordinary tort law provided for by both civil law and common law systems. The present paper will not consider all above-listed players that are exempted from liability following the channelling principle, but will focus on designers and constructors.1 Indeed, the question will be examined whether, in this day and age, liability should still be exclusively channelled to the operator when a nuclear accident is partly or entirely due to design or construction faults or deficiencies. The paper will, firstly, analyse the origin and raison d’eÃtre of the principle of channelling liability towards the nuclear power plant operator, both as regards the so-called “legal” and “economic” channelling regimes. It will then proceed to review the sustainability of “lchannelling” in a “mature” nuclear sector, which currently faces massive technological challenges at the dawn of a nuclear renaissance. In doing so, this author will examine to which extent the most popular form of channelling – legal channelling – is sustainable in the light of recent developments in the nuclear sector or whether it would be advisable, on the contrary, to introduce liability of designers and constructors (architects-engineers) of nuclear power plants. Special attention will be paid to both the fact that nuclear energy is not an embryonic industry anymore, and that new reactor technologies are likely to alter the involvement of designers and constructors. To accurately assess the question from a pragmatic, industry-oriented perspective, the paper considers the outcome of a consultation held on the issue with, on the one hand, nuclear power plant operators and, on the other hand, nuclear designers and constructors. Due to the limited responses to the survey, it has not been possible to draw any statistically relevant conclusions. However, the opinions of the consulted stakeholders – who all requested anonymity – have been inserted, where appropriate, throughout the body of the present paper. One should keep in mind that these inputs are not of a representative, but merely indicative nature.