scholarly journals The Civil Law Liability of Taxi Aggregators

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 3-7
Author(s):  
Sergey G. Dolgov ◽  
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Road Accidents ◽  
Taxi Drivers ◽  
Federal Level ◽  
Judicial Practice ◽  
Points Of View ◽  
To Receive

Within the framework of this article, an analysis of the points of view of the authors, who in their works touched on the problems associated with the impossibility of bringing taxi aggregators to civil liability, was carried out, it was revealed that the current regulatory legal acts do not contain a direct rule providing for the liability of taxi aggregators, it was concluded that that the absence of legislation at the federal level creates problems for victims who have suffered from the dishonest actions of taxi drivers to receive compensation for the damage to life and health caused by road accidents, an analysis of judicial practice confirming the problem of bringing taxi aggregators to justice.

scholarly journals COMPENSATION FOR INFRINGEMENT OF EXCLUSIVE RIGHTS

2021 ◽  
pp. 123-129
Author(s):  
D. Lando ◽  
T. Audzeyeva
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Hybrid Form ◽  
Judicial Practice ◽  
Legal Nature ◽  
Complex Hybrid ◽  
Further Development ◽  
Functional Purpose

The article defines the fundamental questions of legal nature and functional purpose of compensation for infringement of exclusive rights. The place of compensation is assessed both in the system of civil law remedies in general and in the system of remedies for infringement of exclusive rights in particular. The authors conclude that compensation is a complex (hybrid) form of liability in which the compensatory and punitive functions of civil liability are realized with the prevalence of the punitive one. On the basis of this conclusion, the criterion for determining the amount of compensation is proposed and justified. The legislative consolidation of this criterion and its further development in doctrine and judicial practice will contribute to the correct perception of compensation as a remedy and its application in accordance with its purpose.

scholarly journals The Prosecutor as a Subject of Prosecution in the Civil Procedural Order

2020 ◽  
pp. 98-106
Author(s):  
Irina I. Golovko ◽  
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
The Government

Based on the results of the study of federal regulatory legal acts and judicial practice, the author of the article substantiates the conclusion about the advisability of applying the concept “prosecution” to the activities of the prosecutor participating in hearings in civil-law cases. At present, only criminal prosecution by the prosecutor is enshrined in Article 37 of the Criminal Procedure Code of the Russian Federation. There are research works that justify administrative prosecution by the prosecutor. With regard to the prosecutor’s participation in the consideration of cases by courts outside of criminal proceedings, the issues of defining the role of the prosecutor as a subject of prosecution have not been raised in research. However, in connection with the enactment of laws on anti-corruption, on the reversion of civil servants’ property to the government, the issues of understanding the role of the prosecutor involved in civil proceedings acquire particular importance. In addition, civil liability has been established for offenses, e.g., in the form of liquidation of a legal entity by a court decision issued at the request of the prosecutor. The prosecutor is empowered to initiate the consideration of a case by the court upon the request to bring the perpetrator to civil liability, and the practice of considering such cases by the courts is being formed. In this regard, it is necessary to investigate the identified problem. The aim of this study was to analyze the approaches in the science of prosecutor’s activities, to form a conception of the prosecution by the prosecutor of persons who, according to the prosecutor, are guilty of committing an offense in the consideration of cases by courts in civil proceedings. As a result of the study, the features of the prosecutor’s participation in anti-corruption cases in civil proceedings that characterize the prosecutor’s activities as the prosecution of persons accused – by the prosecutor – of committing corruption offenses have been established. Attention has been drawn to other categories of civil cases in which the prosecutor also conducts prosecution. It has been emphasized that the prosecution is conducted only if the prosecutor applies to the court with a statement of claim, but not in the case of joining the case to give an opinion. The conclusion is made that there are theoretical and legal preconditions for separating the prosecution by the prosecutor in the civil procedural order. The established patterns and findings are aimed at ensuring the unity of approaches to defining the aims and objectives of the prosecutor’s activities in diverse directions, which contributes to increasing the efficiency of the prosecutor’s activities as a whole.

scholarly journals Civil liability of an air carrier: certain aspects

2020 ◽  
pp. 291-296
Author(s):  
Borys Soloviov
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Air Transportation ◽  
Legal Regulation ◽  
Association Agreement ◽  
Civil Responsibility ◽  
Judicial Practice ◽  
Air Carrier ◽  
Moral Damage ◽  
Open Question

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. All mentioned above facts affect the development of infrastructure inUkraine. That is why the issues related to the legal regulation of air transportation activity, including civil responsibility of air carrier,are relevant.Having analyzed current doctrine of civil law, we can conclude that nowadays researchers are paying more attention to a deepunderstanding and study of the general provisions of civil liability of the air carrier in general and various aspects and problematic issuesof it in particular. Special attention is paid to responsibility for the delays in the departure of a passenger and violation of the estimateddelivery time, delays, loss or damage to baggage caused by improper performance of air carrier’s obligations under the contract.To our mind, one of the main problems of the air transportation disputes regarding indemnification refers to the legislationapplied. The fact is that courts tend to use legislation limiting legal opportunities for protection of rights and legally protected interests.The main approaches of judicial practice regarding certain problems of civil liability of an air carrier have been determined. Particularattention is paid to the issues of compensation for moral damage caused to a passenger as a consumer of transportation servicesas a result of improper performance by the air carrier of its obligations.It is important to stress that analysis of various court decisions gives ground to conclude that compensation for moral damagecaused to a passenger is an open question which should be answered. Nevertheless, court practice has been changed recently. Legalposition formed by the Supreme Court regarding the possibility of compensation for moral damage in case the absence of enshriningsuch a person’s right in special acts of civil law, in our opinion, is absolutely correct and progressive.

scholarly journals Losses as the Most Widespread Civil Liability Measure

JURIST ◽  
2021 ◽  
Vol 3 ◽  
pp. 57-63
Author(s):  
Natalya M. Kovyazina ◽  
Keyword(s):  
Practical Problem ◽  
Civil Law ◽  
Civil Liability ◽  
Judicial Practice ◽  
Weak Side ◽  
Scientific Ideas

Currently, subjects of civil law are more likely to apply for a penalty in the form of a penalty, despite the possibility of collecting damages. This is due to the simplicity of calculating the penalty and the transparency of the application. From year to year there is a practical problem of calculating and proving the amount of losses in courts. An economically sound calculation is one of the ways to solve this problem. But the normative consolidation of such a calculation would allow the “weak side” not to turn to experts-appraisers every time, but to the courts to confidently make a decision. The relevance of this article lies in the study of the loss and identifying ways to solve the problem on the application of this measure in practice. The author studied the nature of the loss as a measure of civil liability, based on the study of judicial practice and various scientific opinions. The analysis carried out makes it possible to expand the range of scientific ideas about the loss and form new ways of solving the problems posed in practice.

Compensation of Injuries and Homicide in Ming and Qing Law

2017 ◽  
Vol 35 (4) ◽  
pp. 977-1016
Author(s):  
Frédéric Constant
Keyword(s):  
Tort Law ◽  
Primary Concern ◽  
Legal Systems ◽  
Specific Approach ◽  
Chinese Law ◽  
Judicial Practice ◽  
Points Of View ◽  
Western Law ◽  
Central Purpose

Assessment and awarding of compensation to victims of injury and loss are among the main duties performed by courts in many different legal systems. In Western law, it constitutes a central purpose of tort law, which in itself is one of the fundamental branches of law. Did Chinese law have a specific approach to the question of compensation, which singularizes it from other legal systems? From the points of view both of statute law and judicial practice, my primary concern is to investigate whether compensation was granted to victims of injury or death under the Ming and Qing laws.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

scholarly journals Relevant Issues of the Judicial Practice in Intellectual Property Protection

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-10
Author(s):  
Konstantin A. Kirsanov ◽  
◽  
Olga N. Barmina ◽  
Keyword(s):  
Intellectual Property ◽  
Present Article ◽  
Civil Law ◽  
Intellectual Property Protection ◽  
Judicial Practice ◽  
Main Current ◽  
A Company

Intellectual property is currently one of the key areas of modern civil law relations. In the present article, the authors reviewed and summarized the main current areas of judicial practice in the field of violations related to the exclusive rights to a company name, characters and trademarks.

scholarly journals The principle of reasonableness in civil law

2019 ◽  
pp. 11-21
Author(s):  
A. V. Konovalov
Keyword(s):  
Common Sense ◽  
Civil Law ◽  
Civil Liability ◽  
Economic Feasibility

In the article, the author substantiates the conclusion that the reasonableness of behavior of a subject of civil law is expressed in his aspiration, while exercising his rights and performing his duties, to commensurate his behavior with common sense, general perceptions of prudence and economic feasibility, rights and legally protected interests of other participants of relations regulated under civil law.Based on the analysis of legislation and practice of its application, the author comes to the conclusion that the main objectives of the principle of reasonableness in civil law include: encouragement of participants of relations regulated under civil law to behave responsibly and conscientiously; establishment of the presumption of compensatory nature and equivalence of the scope of considerations provided for under obligations arising in civil law relations; enforcement of the application of adequate measures of civil liability in case of default on or improper performance of obligations, etc. 

scholarly journals MORTGAGOR’S LIABILITY FOR THE PRESERVATION OF THE VALUE OF A MORTGAGED REAL ESTATE

TEME ◽  
2020 ◽  
pp. 065
Author(s):  
Milica Vučković ◽  
Miroslav Lazić
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Civil Liability ◽  
Due Diligence ◽  
Legal Standard ◽  
Real Risk ◽  
The Relationship

In this paper, the authors analyze the civil law liability of a mortgage debtor (mortgagor) in cases where the debtor breaches the obligation of treating the mortgaged real estate in compliance with the legal standard of acting with due diligence of “a good host” or “a good businessman,” and thus depreciates its value to the extent that jeopardizes the possibility of enforcing the claim. Given the accessory nature of mortgage which is aimed at securing the claim as the primary right, this form of civil liability and the corresponding rights of the mortgage creditor (mortgagee) are applicable before raising the issue of traditional civil law liability, which implies the maturity of the receivables and compensation for the damage sustained by the creditor. This form of civil liability may also be used preventively when there is a real risk of causing damage to the mortgagee. The relationship between civil law liability and the insurance of the mortgaged asset implies that they do not exclude but complement each other.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

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