Classification of responsibilities according to the teachings of I. Kant

The article is devoted to the disclosure of the species classification of obligations according to I. Kant`s doctrine. It has been studied that all obligations, in I. Kant`s opinion, can be or legal or moral. The German thinker divides obligations based on the following criteria. The first criterion is the objective attitude of the law to the obligation. These are perfect and imperfect obligations, which include the obligation to oneself and the obligation to others. The second criterion for the division of obligations is the subjective attitude to the obligated subject. The author emphasizes that the thinker also identifies the possibility of dividing the human obligations to oneself on the basis of objective and subjective criteria. According to objective criteria, obligations can be negative or positive. Negatives are those that mean only moral self-preservation. Positive obligations lead to self-improvement. According to subjective criterion, Kant divides obligations into those which concern only the human animal nature and those which concern man as a moral being. The article also draws attention to the philosopher's classification of human obligations to others into several subgroups: human obligations to others only as people; human obligations to others out of respect for them, which they deserve; human obligations to others in terms of their position. Human obligations to others only as to people are concentrated by the thinker around the phenomena of love and respect. Human obligations to others out of respect for them, which they deserve, are reciprocal, that is, the person, on the one hand, can demand respect from others, and on the other hand, this person must treat others with respect. Human obligations s to others in terms of their position should be seen not so much as obligations, but as rules that change depending on the subjects of the principle of virtue to the cases that occur in experience.

SPORTS SCHOLARSHIP FOR PLAYERS ESTABLISHED AND FINANCED BY MUNICIPALITIES IN THE ADMINISTRATIVE COURTS JUDGMENT – SELECTED ISSUES

The scientific paper presents the issue of a sports scholarship established and financed by a local government, which is a commune according to Art. 31 of the Act of June 25, 2010 on sport. Only the sports scholarship, which can only be received by the player, was taken into account, i.e. the sports scholarship for the coach was not transferred at work. The issue of the sports scholarship is a complex issue, which cannot be presented in short article, therefore the article focuses mainly on three important problems related to the interpretation of art. 31 of the Sports Act, i.e .: 1) on the subject of the subjective criterion, 2) on the issues of subject criteria and 3) the right to suspend the sports scholarship. The aim of the article is to review and assess the important views of the judicature on selected aspects of the sports scholarship for a competitor, any discrepancies, and to indicate the fields that should be resolved by the activities of the Supreme Administrative Court or legislative intervention

About the Bargain Part’s Invalidity

The article is dedicated to the bargain part’s invalidity. The author’s point of view concerning comprehension and application the article 180 Civil Code of Russian Federation (further - CC) is formulated. The following questions - a) the sense and meaning of the rule art. 180 CC; b) the role of the objective and subjective criterions in recognition the bargain as invalid in the part; c) the phenomenon of the bargain’s part and varieties of the parts for the art. 180 CC’s application; d) the defects causing the recognition invalidity bargain in the part; e) the essence of the supposition about the importance or unimportance the defect bargain’s part in the art. 180 CC; f ) the applicability the rules of the bargain’s invalidity (§ 2 ch. 9 CC) for the invalid bargains in the part - are being investigating in detail. In the connection with recognition the bargain as invalid in the part a number of disputable and problematic moments is being discussing. They are: a) the comprehension of the objective and subjective criterions, the meaning of the objective criterion in unilateral bargains, faithful manipulation by the subjective criterion; b) the separability the part from the bargain and the problem of the defectiveness of the bargains’ essential conditions; c) the problem of formal and subjects’ defects in the connection with the recognition the bargain as invalid in the part; d) the dualism of the supposition and the kind of the presumption in the art. 180 CC’ application. Side by side with the civil law’s questions some procedural questions connected with the art. 180 CC’ application are touched upon. Stabilized in the literature opinions are subjected to the critical comprehension. As the result the attempt to graund more wide capacities for the recognition bargain as invalid in the part was undertaken. The conclusions are accompanied by a plenty of examples and references to the rules of the Civil Code Russian Federation.

Reasons for Hospitalization of Patients with Acute Pulmonary Embolism Based on the Hestia Decision Rule

Background The Hestia criteria can be used to select pulmonary embolism (PE) patients for outpatient treatment. The subjective Hestia criterion “medical/social reason for admission” allows the treating physician to consider any patient-specific circumstances in the final management decision. It is unknown how often and why this criterion is scored. Methods This is a patient-level post hoc analysis of the combined Hestia and Vesta studies. The main outcomes were the frequency of all scored Hestia items in hospitalized patients and the explicit reason for scoring the subjective criterion. Hemodynamic parameters and computed tomography-assessed right ventricular (RV)/left ventricular (LV) ratio of those only awarded with the subjective criterion were compared with patients treated at home. Results From the 1,166 patients screened, data were available for all 600 who were hospitalized. Most were hospitalized to receive oxygen therapy (45%); 227 (38%) were only awarded with the subjective criterion, of whom 51 because of “intermediate to intermediate-high risk PE.” Compared with patients with intermediate risk PE (RV/LV ratio > 1.0) treated at home (179/566, 32%), hospitalized patients with only the subjective criterion had a higher mean RV/LV ratio (mean difference +0.30, 95% confidence interval [CI] 0.19–0.41) and a higher heart rate (+18/min, 95% CI 10–25). No relevant differences were observed for other hemodynamic parameters. Conclusion The most frequent reason for hospital admission was oxygen therapy. In the decision to award the subjective criterion as sole argument for admission, the severity of the RV overload and resulting hemodynamic response of the patient was taken into account rather than just abnormal RV/LV ratio.

A Gloss to the Supreme Court’s Resolution of 26 July 2017 (III CZP 30/17) concerning the Exclusive Fault of a Third Party as an Exonerating Circumstance

In the said Resolution, the Supreme Court held that in order for a person running an enterprise or an establishment which are set in motion by natural forces to be effectively released from liability, it was not necessary to identify an entity in question (Article 435 of the Polish Civil Code). It was sufficient to demonstrate that the person in question was of sound mind, i.e. unlikely to be found guilty. According to the Supreme Court, such a flexible interpretation was supported by both systemic reasons and the fact that the liability based on Article 435 of the Civil Code was very strict. It was a question of the increased danger linked to risk-based liability, as the provision itself did not require the subjective criterion to be applied. It was sufficient to prove the objective premises (absolute certainty was not necessary). The author of this gloss points out that the proposed interpretation of the above-mentioned exonerating circumstance significantly weakens the situation of an injured party, who, in many cases, is not be able to obtain compensation either from the entity running an enterprise or from a third party (since it has not been identified) or from the liability insurer. Consequently, it indirectly weakens the extended protection provided to the victim in the risk-based liability. Moreover, it requires a hypothetical assumption not only of the guilt of an unidentified third party, but also of the fact that it is a third party who is in no way connected with the motion of an undertaking (enterprise). Finally, the author raises other objections, especially given that the aforementioned interpretation could be applied under Article 435 of the Civil Code and in all cases of risk-based liability as well.

Features of Determining the Beginning of the Limitation Period

The article defines the features of calculating the limitation period, describes the rules and criteria for determining the beginning of the limitation period. The objective and subjective criterions of beginning of motion of this term are distinguished. On an objective criterion the beginning of term of limitation period begins from the moment of violation of right and interest of person. A subjective criterion marks a moment, when a person knew or could know about violation of the right or person of violator. In this case, the real possibility of such awareness is important, not actual. For legal entities, the subjective criterion is realized through the officials (authorized) of its persons or persons within the organ to which the functions assigned to them are exercised. It is determined that the calculation of the commencement of the limitation period for legal entities does not depend on the change of its authorized persons. The correctness of the calculation of the limitation period from the day after the calendar date in which the offense occurred, which meets the general rules for the calculation of terms and deadlines, is substantiated. It is stated that on the last day of fulfilment of the obligation the person has the right to fulfil it by the end of the day. At the same time, the procedure of applying to the court for technical reasons cannot always be implemented on the day the claim arises, since it requires the preparation of a procedural document — a statement of claim. The features of calculation of term of limitation period are certain for credit obligations and obligations of minor persons. It is concluded that in credit obligations, the limitation period should be calculated from the moment of default, not its parts, that is, the day after the contract expires. However, if the creditor files a claim for full early repayment of the debt, the limitation period should be calculated from the next day after the claim is made. For minors, it is reasonable to calculate the limitation period from the moment of its acquisition or granting them full civil capability.

The Liability of Seller for the Conformity of the Goods in Contracts of Sale According to United Nations Convention on Contracts for the International

In practice, breach of contract cases mostly involve controversies over the failure of the seller to deliver conforming goods in accordance with the contract. Article 35 CISG defines the obligation of the seller to deliver conforming goods in a very broad and uniformed manner as it states that, the seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. CISG provides two criteria for the assessment of the non-conformity of goods. One of them is called “subjective” criterion of non-conformity. It goes without saying that the goods delivered shall be in conformity with all specifications agreed upon by the parties whether explicitly or implicitly. The other one is called “objective” criterion. If the agreement of the parties does not involve any specifications at all– like in the case of routine and quick orders of purchase, or if the agreement of the parties is insufficient in this respect, conformity of the goods will be decided according to the objective criterion. In accordance with Article 35 CISG, Article 36 CISG establishes the responsibility of the seller for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time. Regarding this, Article 67 CISG defines the moment at which the risk passes to the buyer and thus, divides the responsibility between the seller and the buyer.

Adaptive Kansei Search Method Using User’s Subjective Criterion Deviation

Sensibility-vectors (kansei-vectors) are useful for retrieving objects like pictures, music, perfumes, and apparels on the Internet. The sensibility-vector is an array of values, each indicating a degree of feeling or impression represented as sensibility word or kansei word. However, even such an approach leaves a gap between user’s subjective sensibility (image, feeling) value and the corresponding one stored in the database. This paper proposes a search method to automatically and adaptively decrease such gaps by estimating a subjective criterion deviation (SCD) of the user’s search histories and fuzzy modeling. Conventional methods need tests and questionnaires beforehand to infer user’s individual sensibility to his or her instinct or impression. The proposed method automatically decreases such gaps without users’ burden caused by such conventional methods as requiring questionnaires. Moreover, this method reflects the dynamic changes in user’s preferences. Namely, this method does not need to know user’s preferences beforehand with questionnaires. An experiment was conducted by building and using a perfume search system. Experimental data results showed that the proposed method is effective.