Civil liability for carriers of Coronavirus infection

2021 ◽  
Vol 12 (4) ◽  
pp. 1236-1246
Author(s):  
Dr. Arshed Taha Hattab, Et. al.
Keyword(s):  
Causal Relationship ◽  
Civil Liability ◽  
Modern Problem ◽  
Civil Responsibility ◽  
Corona Virus ◽  
Legal Implications ◽  
Coronavirus Infection ◽  
Definition Of

The study is based on research into the civil liability for the transmission of covid-19 in Iraqi law, by identifying the definition of infection and the definition of the disease, what is covid-19, what methods of propagation and transmission, and what symptoms cause the patient, all we addressed in the first research. The second research is devoted to the provisions of civil responsibility for the CORONA virus, and the search for its pillars, namely error and damage, and this causal relationship and what is wrong, what damage is done to the victim of mers-co777 transmission, what is the damage caused, the causal relationship between the offender's fault and the damage, and whether the transmission is intentional or unintentional. The study concluded with the legal implications of that liability, which was limited to in-kind implementation and compensation. Finally, we concluded the research with a number of findings and recommendations, which may be a basis for the legislator to address this modern problem.

scholarly journals The penalty resulting from the breach of the legal expert's obligations under Jordanian law: الجزاء المترتب على إخلال الخبير القضائي بالتزاماته في القانون المدني الأردني

2019 ◽  
Vol 3 (10) ◽  
Author(s):  
Esam Hasan Al-Aqrabawi
Keyword(s):  
Causal Relationship ◽  
Civil Liability ◽  
Civil Responsibility ◽  
Work Related ◽  
Legal Obligations ◽  
The People ◽  
Different Types ◽  
Legal Expert ◽  
The Subject ◽  
Preliminary Study

This paper deals with the subject of the penalty resulting from the violation of the obligations of the legal expert in accordance with Jordanian law, it is known that many of the courts of different types and degrees draw in many of the lawsuits the opinion of the people of experience and study on certain issues, or cannot prevent the judge deciding which of its own. Because for his judicial expert of the work is directly related to individuals of society and liberties and rights, which requires him a lot of time and accuracy in achievement, and as the nature of his work related to justice, there must be controls allow opponents of his claim for compensation whenever their right to harm illegal according to the principles Civil responsibility. So the study came to discuss the penalty resulting from the breach of the expert legal obligations for damages that may be caused to opponents and my study was divided through a preliminary study, and two. In the introductory section, it dealt with the civil liability of the judicial expert from the act, damage and causal relationship between the act and the injury. And proving the civil liability of the judicial expert in the first subject. The second part dealt with the effects of the responsibility of the judicial expert in the suits of compensation. This section was divided into two requirements, which dealt with the first requirement of compensation and the judge's discretion, and the second demand on how to compensate the expert's damages.

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals FEATURES OF RESPONSIBILITY OF A MEDICAL ORGANIZATION FOR CAUSING THE PATIENT'S HEALTH

2021 ◽  
Vol 38 (2) ◽  
pp. 73-80
Author(s):  
Yu.N. Slepenok ◽  
◽  
G.V. Stankevich ◽  
L.P. Stepanova ◽  
◽  
...  
Keyword(s):  
Medical Care ◽  
Causal Relationship ◽  
Civil Liability ◽  
Medical Personnel ◽  
Medical Services ◽  
Medical Organization ◽  
Approximate Order ◽  
Average Sample

The article discusses the particular conditions of holding medical organizations accountable for causing harm to the health of patients. The conditions of civil liability, as well as the degree of responsibility of a medical organization in the provision of medical services, are analyzed. The authors are of the opinion that medical care should be organized in accordance with the procedures, conditions and standards for the provision of such care, however, the standards cannot cover all the options that may arise during the provision of medical care, therefore they are aimed at creating an average “sample”, to determine the approximate order of possible actions carried out by medical personnel. Attention is also paid to the consideration of the features of causing harm to the patient’s health, depending on whether the harm was caused in the provision of medical care or medical services. In conclusion, it was concluded that the conditions for bringing medical organizations to justice should include: unlawful action (inaction), harm, a causal relationship between unlawful action and harm, as well as the fault of the injurer.

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

scholarly journals Look at the COVID-19 Pandemic with an Open Mind

2021 ◽  
pp. 1-6
Keyword(s):  
Lung Tissue ◽  
Causative Agent ◽  
Clinical Picture ◽  
Modern Concept ◽  
Open Mind ◽  
Usual Treatment ◽  
Acute Pneumonia ◽  
Current Events ◽  
Coronavirus Infection ◽  
Definition Of

Our assessment of various events and phenomena depends, first of all, on our baggage of acquired knowledge, established stereotypes and worldviews. It is this kind of bias that affects the definition of our goals, decisions and specific actions, which often go against the observed facts and lose sight of important features of the object being studied. The way experts perceive the current COVID-19 pandemic is one typical example of such a biased interpretation. The basis of the clinical picture of coronavirus infection is a lesion of the lung tissue, which, according to clinical and radiological and pathoanatomical data, is defined as viral inflammation and corresponds to the nosology "acute pneumonia" (AP)(1-4). According to the modern concept of AP, the only and main cause of this disease is considered to be its causative agent. This view of the nature of the AP is generally consistent with current events. Indeed, coronavirus infection causes inflammation of the lung tissue. At the same time, the usual treatment of AP with etiotropic drugs is unattainable in coronavirus infection due to the lack of such drugs.

scholarly journals Legal Mechanisms to Regulate Civil Liability for Actions of Artificial Intelligence in the Russian Federation and European Union Law

2021 ◽  
Vol 9 (3) ◽  
pp. 60-82
Author(s):  
Ksenya Kondrateva ◽  
Timur Nikitin
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Russian Federation ◽  
Civil Liability ◽  
Legal Responsibility ◽  
European Union Law ◽  
Artificial Intelligence Technology ◽  
The Russian Federation ◽  
Low Efficiency ◽  
Definition Of

In this article authors discuss existing ideas about liability of artificial intelligence based on guilty and strict approaches to defining the elements of civil liability in the Russian Federation and European Union. These approaches have drawbacks, which are, first of all, in the excessive limitation of the development of innovations, and with low efficiency in achieving the goals of civil legal responsibility and the implementation of its functions. The risk-based approach proposed by the author to the determination of the elements of civil liability for the actions of artificial intelligence is intended to neutralize the named drawbacks. Based on the analysis of the spheres of application and artificial intelligence technology, the risk-based approach allows a more efficient and flexible approach to the definition of the subject of responsibility, its types and limits, ensuring a balance between the development of innovation and the goals of civil liability. As a result of the study, the author’s definition of a risk-based approach to civil liability for the actions of artificial intelligence has been given, its features, elements have been disclosed, and its advantages over existing approaches to civil liability have been demonstrated.

scholarly journals PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY

2021 ◽  
pp. 141-146
Author(s):  
O. Zozulyak ◽  
Y. Paruta
Keyword(s):  
Artificial Intelligence ◽  
Civil Rights ◽  
Scientific Community ◽  
Autonomous Robots ◽  
Civil Law ◽  
Limited Liability ◽  
Civil Liability ◽  
Scientific Article ◽  
Simultaneous Application ◽  
Definition Of

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract. The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations.  It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault. The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed. It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.

scholarly journals COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE USA AND THE RUSSIAN FEDERATION ON CIVIL LIABILITY FOR DAMAGE CAUSED BY GOODS WITH INCREASED HAZARDOUS PROPERTIES

2020 ◽  
Vol 35 (3) ◽  
pp. 86-90
Author(s):  
S.M. Salikhova ◽  
◽  
A.M. Shakhaeva ◽  
Keyword(s):  
United States ◽  
Legal System ◽  
Civil Liability ◽  
The United States ◽  
Important Place ◽  
State Laws ◽  
Goods And Services ◽  
The Usa ◽  
American Legal System ◽  
Definition Of

The relevance of the consideration of the problem of civil liability for harm caused by goods with increased hazardous properties is determined by the fact that such cases occupy an increasingly important place in judicial practice. This shows that not only the legal awareness of citizens is growing, but the very definition of “goods with increased dangerous properties” does not have all the principles of specificity. In this regard, one can turn to the experience of other countries, especially those where consumer protection has proven effective. The United States is one of such countries, where not only the culture of consumption is high, but also the legal culture. This combination allows the American legal system to respond to citizens ’appeals in a timely manner and resolve issues with an objective review of cases where liability for damage caused by goods with increased dangerous properties is considered. In the United States, the definition of civil liability for manufacturers and sellers of goods and services is governed by federal and state laws. Moreover, it is the laws of the states in most cases that govern the most important aspects related to determining the shortage of goods, services and work. It should be noted the importance of the precedent in the US legal system, which also determines many cases for determining civil liability for harm caused by some properties of goods. To compare the fundamentals of the legislation of the two countries in the studied area, the comparative legal research method was applied, which allows us to highlight general and excellent legislative norms. Based on the results of the comparison, it was concluded that the similarities and differences between the American and Russian legislation in terms of civil-steam liability for damage caused by goods with dangerous properties.

The Jurisprudence of Unconscious Intent

1996 ◽  
Vol 24 (4) ◽  
pp. 511-580
Author(s):  
Daniel I. A. Cohen
Keyword(s):  
Civil Liability ◽  
Mental Process ◽  
The Unconscious ◽  
Current Definition ◽  
The Law ◽  
Unintentional Acts ◽  
Definition Of ◽  
Intentional Acts ◽  
Unconscious Mind

Intention is a most difficult and illusory mental process. It is our contention that the law would become more functional and less convoluted (while not decreasing injustice) by abandoning distinctions based on this unprofitable phantasm. To this end, we first offer a paradigmatic definition of intention against which we survey its philosophical meaning and explore its boundaries. We examine the possibility that seemingly unintentional acts are, in fact, generated by the deliberations of the unconscious mind. We explore the consequences of bringing the jurisprudential concept of intention into harmony with Freudian doctrine. This, we conclude, necessitates expanding criminal and civil liability for one's actions from those called intentional under the current definition to include also those actions intentionally generated by the unconscious mind. Whatever benefit there is to society in holding one liable for consciously intentional acts extends, correspondingly, to unconsciously intentional acts as well. We explain how this may be done in practice.

Open-Source Software Issues

2011 ◽  
pp. 368-371
Author(s):  
Sofiane Sahraoui
Keyword(s):  
Open Source ◽  
Research Policy ◽  
Academic Research ◽  
Short Article ◽  
Hard Time ◽  
Competitive Game ◽  
Legal Implications ◽  
Research Track ◽  
Challenges And Opportunities ◽  
Definition Of

Two major research publications have recently dedicated special issues to the emerging field of OSS (Research policy, 2003; Management Science, 2006). Likewise, major information systems conferences are starting to list OSS as a research track (IRMA2004, Working IFIP 8.6) translating the heightened importance of this phenomenon in the business world. Undoubtedly, OSS has been admitted as a legitimate field of study in the realm of business academics, but OSS research remains largely trailing the gigantic developments in the open-source industry. For instance, there are recurrent speculations in specialized IT magazines that Microsoft will go down the drain with the OSS phenomenon (Fontana, 2003); Oracle will have a hard time maintaining its supremacy in the database market (Bank, 2003); and Apple might come out the big winner by latching on to OSS (Brockmeire, 2003). However, there is hardly any solid piece of academic research to forecast the outlook of the IT industry in light of the surging OSS phenomenon. Existing research, including the two special issues mentioned above, is focusing on validating models of innovation in a virtual environment (Franke, 2003; Von Krogh, Spaeth, & Lakhani, 2003; Hippel, 2001); tracking project management dynamics in OSS development (Hertel, Neidner, & Herrmann, 2003; O’Mahony, 2003); examining the intellectual property, ethical and legal implications of OSS (Evers, 2000; Faldetta, 2002); or reworking the economics underlying software development in the case of OSS (Zeitlyn, 2003). Much less has been done in critical areas pertaining to the new competitive game introduced by OSS; the sustainability of the OSS business model or models; the strategies for OSS licensing; the economic and business viability of OSS in light of potential challenges and opportunities; and the nascent national and government IT strategies centered on OSS; plus a variety of other issues that are beyond the scope of this short article. This article seeks to clarify the critical factors that will increasingly determine the success of OSS in becoming a mainstream choice for software procurement processes. Along with a definition of each of these factors, potential research avenues are indicated. However, these factors are not meant to be exhaustive in any fashion.

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