scholarly journals ODPOWIEDZIALNOŚĆ ‘AGRIMENSORES’ A ODPOWIEDZIALNOŚĆ GEODETÓW

2016 ◽  
Vol 14 (2) ◽  
pp. 123
Author(s):  
Bronisław Sitek
Keyword(s):  
Criminal Law ◽  
Civil Liability ◽  
Technical Skills ◽  
Roman Law ◽  
Material Damage ◽  
Individual Contribution ◽  
Full Compensation ◽  
Injured Party ◽  
The Right ◽  
Lack Of Knowledge

THE LIABILITY OF THE ‘AGRIMENSORES’ AND SURVEYORS’ LIABILITYSummaryThe agrimensores played an important role in the society of ancien Rome. They were highly respected for their technical skills and knowledge of mathematics. The grounds for the liability of the agrimensores were material damage caused intentionally by surveyor (dolus) and intent to deceive (fallere). An agrimensor was not liable for damage caused as a result of lack of knowledge or experience (imperitia). If several agrimensores onducted the surveying activities they were jointly liable (in solidum), regardless of their individual contribution to the damage. This type of liability could not be used when it was not possible to assign blame to one of the agrimensores. An agrimensor who had a slave to do the measuring held the liability and could not resort to noxal responsibility. Noxal responsibility could be applied if the shoddy work had been performed by a slave; in such cases the party suffering the damage could obtain dominion over the slave who had caused it or receive full compensation from the slave’s owner. The injured party could seek compensation on the grounds of a praetorian actio in factum. The injured party and his heirs had the right to submit a claim, which was subsidiary and therefore penal in nature, which meant it could not be brought against the heirs of the perpetrators. Actio in factum was used as an actio utilis and actio ad exemplum in other similar cases in surveying activities, such as when measuring wine or grain. Nowadays a surveyor’s liability is civil, criminal, administrative or disciplinary. The first two types are important when a specific injury or offence occurs. In such cases only a surveyor who carried out the surveying or cartographic activities on his own is liable. The study shows that, despite some similarities, there are differences between the liabilities of Roman agrimensores and of modern surveyors. Roman law used a system of praetorian civil liability which was penal in character, while today we have a stratified system of liability of up to four separate levels, where the injured party may use only one or submit a cumulative claim, seeking civil damages, and claiming punishment for the perpetrators under criminal law and/or disciplinary proceedings.

scholarly journals The Recognition of Punitive Damages in Italy: A commentary on Cass Sez Un 5 July 2017, 16601, AXO Sport, SpA v NOSA Inc

2018 ◽  
Vol 9 (1) ◽  
pp. 104-122 ◽  
Author(s):  
Angelo Venchiarutti
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Punitive Damages ◽  
Damage Compensation ◽  
Lower Courts ◽  
Legislative Framework ◽  
Injured Party ◽  
Equivalent Sources ◽  
The Right ◽  
First Time

AbstractFollowing the decision of the First Division of the Court of Cassation issued on May 16, 2016, the United Section of the Italian Court of Cassation delivered a very important ruling on 5 July 2017 deciding – for the very first time – in favour of the enforceability of US punitive damages in Italy.The decision of the Joint Divisions of the Court of Cassation was based on the following arguments: a) more than one provision of the Italian legislative framework already attributes to damage compensation a scope that goes far beyond the mere restoration of the prejudice suffered by the victim; b) recent case law on the matter excludes the incompatibility of the punitive scope of civil liability with the Italian legal system; and c) several doctrinal contributions have promoted the possibility of granting the injured party the right to obtain compensation, beyond the patrimonial loss suffered, assuming that civil liability may also have a deterrent effect.On these premises, the Plenary Session of the Italian Court of Cassation recognised that civil liability may serve different functions: it primarily grants compensation to the injured party, in line with the previous connotation of civil liability as restoration of patrimonial loss, but it may also ensure deterrence and sanction the wrongdoing of the tortfeasor.Given this comprehensive nature of civil liability, the decision stated that foreign decisions granting punitive damages are not against public policy in principle and, thus, can be enforced in Italy, but only under certain preconditions.A foreign ruling providing the payment of punitive damages may be executed in Italy only in the case where foreign legislative provisions, or equivalent sources, grant the competent judge the power to award punitive damages based on typical and predictable circumstances. Moreover, the amount of punitive damages due shall be limited.A decision of the Joint Divisions of the Italian Court of Cassation—which is entitled to provide an uniform interpretation of the law— represents a significant precedent, which lower courts and subsequent judgments are likely to follow, in terms of which courts will be required to recognise and enforce foreign decisions implying a compensation of punitive damages.

scholarly journals How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages

2015 ◽  
Vol 8 (12) ◽  
pp. 61-77
Author(s):  
Agata Jurkowska-Gomułka
Keyword(s):  
Subject Matter ◽  
Competition Law ◽  
Civil Liability ◽  
Eu Member States ◽  
Joint And Several Liability ◽  
Full Compensation ◽  
The One ◽  
Effective Development ◽  
The Right ◽  
Medium Enterprises

The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.

scholarly journals BADANIA ROMANISTÓW POLSKICH W LATACH 2011-2013

2016 ◽  
Vol 15 (2) ◽  
pp. 191
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Recent Literature ◽  
Research Work ◽  
Public Law ◽  
Roman Law ◽  
Writing Style ◽  
Critical Approach ◽  
The Past ◽  
Characteristic Features ◽  
The Right

Polish Romanists' Research Work, 2011-2013SummaryA look at the research done by Polish Romanists in the 21st century and its effects in the form of publications and progress on the academic ladder confirms the claim that Poland continues to be one of the leading countries for scholarship in Roman law. In the first decade of the century four Polish scholars of Roman law were appointed to full professorships, seven gained their post-doctoral habilitation degrees, and forty-five were awarded the doctor’s degree. The figures for the past three and a half years are respectively four professorships (with a further two waiting for the formality of the President’s signature on the appointment), eight habilitations, and twelve doctorates. A characteristic feature marking recent years has been an unprecedented number of translations (into Polish) of source texts, usually accompanied by an extensive commentary. The main achievement in this area has been the translation of the Digests by a team of lawyers and linguists. Alongside the publication of source texts and collective volumes, the past years have also seen the issue of thirty-three monographs and hundreds of articles on a variety of subjects, but one of the characteristic features has been an unprecedented interest in public law, especially criminal law, which has given rise to eight monographs in three years. Unfortunately, certain tendencies have given cause for concern, as quantity is not always tantamount to quality. A lot of articles do not come up to the required standard and call for improvement as regards references and recent literature (especially Polish publications) cited, writing style, and a more critical approach to their subject. Many articles offer an oversimplified comparison of a contemporary legal institution with aspects of Roman law. Occasionally suggestions are made that only subjects which are directly related to today’s issues should be addressed. Time will tell whether this is the right attitude to take.

scholarly journals TINJAUAN YURIDIS TINDAK PIDANA PENGGELAPAN MOBIL YANG MENJADI JAMINAN LEASING PADA LEMBAGA PEMBIAYAAN DITINJAU DARI PASAL 372 DAN PASAL 64 Ayat 1 KUHP” (Studi Kasus Putusan No. 345/Pid.B/2014/PN.Dpk)

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Surya Oktarina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Law Enforcement Agencies ◽  
Legal Entity ◽  
Injured Party ◽  
The Right ◽  
The City

The number of cases of embezzlement of cars that occurred in the city of Depok by the buyer (lender) is detrimental for the leasing. Being thought of now is by increasing criminal acts of embezzlement of leasing cars as collateral. With the loss of the insurer by the actions of car buyers who commit fraud, another problem is the difficulty of law enforcement agencies in dealing with such cases. This is because the initial reporting by the injured party is a matter of civil law that they are due to violation of the treaty agreed, but with the embezzlement of objects that are still in power and the property of another person or institution that is based on the legal entity making the case bias, due to a shift in of civil law into criminal law offenses. In principle the sale of cars based on the agreement between the creditor and the pembiayaa by deed of sale where in this deed creditors have the right to goods in control, but the goods are still wholly owned by the guarantor.Keywords: Crime, Fraud, Security Leasing

scholarly journals CIVIL LIABILITY OF THE MENTALLY DISORDERED PEOPLE

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Mahdis Riahy ◽  
Mahdi Esmaeile
Keyword(s):  
Criminal Law ◽  
Mentally Ill ◽  
Criminal Liability ◽  
Common Law ◽  
Legal Protection ◽  
Civil Liability ◽  
Case Law ◽  
Mentally Disordered ◽  
Iranian Law ◽  
Injured Party

Nowadays, mental disorders are some of the most common diseases in our societies. In most cases mentally disordered people will be having problems with the environment which they live, people around them and even themselves; with the probability of causing damage. The question is does the mentally disordered individual counts responsible for the consequences of his actions or not? If yes, then what type of liability is on his burden and who is responsible for redressing the damages? In any case, which a person is forced to redress another individuals damage he has civil liability against the injured party. Civil liability is a rational and jurisprudential principle, and also a legal maxim that guaranties remedies for faults of individuals inside a contract or any damages done by the acts of individuals outside of a contract. Considering the legal protection Provided for the incapacitated; liability of incapacitated individuals is an important subject of civil and criminal law. Since the sinister intention is essential for criminal liability; the minor and the insane do not have any criminal liability but insanity and minority are not among the disclaimers of civil liability. In some legal systems such as “Common Law” Civil liability of the incapacitated individuals and their wardens is under the rule of general civil liability regulation. However, in Iran I.R. liability of the incapacitated is clearly recognized by the article “1216” of Iranian Civil Code. In respect of the above, we will be researching about the psychotic and mentally ill individuals and their liability in Jurisprudence and Iranian Case Law. Point of this research is to clarify the conditions of the insane and mentally disordered in Iranian Law and the support given to them by the Legislators

scholarly journals Entrepreneurial Risks in Criminal Law

2017 ◽  
Vol 4 (4) ◽  
pp. 38-44
Author(s):  
S I Merkushina
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Civil Liability ◽  
Criminal Code ◽  
Business Risk ◽  
Contractual Obligations ◽  
The Right

The article deals with the notion of «ordinary entrepreneurial risk», the possibility of using it as a criterion for distinguishing civil liability for non-fulfillment of obligations and criminal liability for criminal acts involving non-fulfillment of contractual obligations, the possibility of applying this concept in the sphere of the right regulation of social relations arising in connection with the commission of crimes, the ratio of ordinary business risk and reasonable risk (art. 41 of the Criminal Code of the RF).

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

SUBROGATION IN INSURANCE CONTRACT

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov
Keyword(s):  
Insurance Contract ◽  
Insurance Companies ◽  
Property Insurance ◽  
Insured Person ◽  
Legal Position ◽  
Insured Loss ◽  
Injured Party ◽  
The Right ◽  
Insurance Agreement ◽  
Responsible Person

Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle which excludes claiming indemnity from the person who is legally responsible for causing the loss, because otherwise the insurance contract may be an unjustified source of profit for the insured as the insured would get double recovery or paid out twice for the same claim.With the payment of the reimbursement from an insurance agreement on the insurer, all rights that the insured has towards the persons responsible for the damage up to the amount of the paid compensation are transferred. With the subrogation, the insurer takes up the legal position of the insured person and exercises his right to subrogation from the rights of the insured (derivative acquisition of the right), so that the insurer exceeds the claims in scope and amount as the insured had towards the perpetrator.Subrogation is the right of the insurer, it is not his obligation. The insurer is not obliged to use this right to transfer the rights to the responsible person.The notion of subrogation is often associated with the concept of insurance regression. But there is a difference between these two terms: recourse is the right of the insurer to claim the amount of compensation that he has paid to the insured (injured parties) from the harmful person, while subrogation is the transfer of the right (the claim for damages to the responsible person) from the insured to the insurer up to the amount of the compensation paid on the basis of an insurance contract. The right to recourse is a consequence of the existence of subrogation, i.e. transfer of the rights of the insured person to the responsible person, and which is reached by the law itself.Тhe subrogation doctrine also operates to ensure that the defendant or the person who is legally responsible for the loss shall not be absolved of liability under the civil law. Namely, the perpetrator should bear the consequences of his liability for the caused damage, and therefore the legislator of the insurer (as one of the contractual parties in insurance contract) has recognized the right what he has paid the injured party (as the contractual party in the insurance contract called the insured) to calm from the perpetrator.Furthermore, subrogation doctrine operates to ensure profit for the insurance companies whereby the reimbursement funds the claims or sum insured are covered from additionally grow; therefore, this doctrine is of great importance to the insurers.

Evaluation of staff in Healthcare Companies

2020 ◽  
Author(s):  
Troncone Raffaella ◽  
Coda Marco
Keyword(s):  
Social Context ◽  
Evaluation System ◽  
Daily Life ◽  
Good Health ◽  
Rehabilitation Services ◽  
Individual Contribution ◽  
Personnel Evaluation ◽  
Good Evaluation ◽  
The Right

Evaluation is at the basis of any social context where all individuals are simultaneously "evaluated" and "evaluators" in all areas of daily life. The goal of a good evaluation system is to encourage staff to do "Good Health" through the provision of quality prevention, diagnosis, treatment and rehabilitation services. The main reasons that lead to the evaluation of the personnel lie in the inevitable and primary importance of the human resource in achieving the corporate objectives, and by the pressing need for the quality of the service provided to the citizen, as well as the legitimate need of the employee to differentiate, clarifying its specificities and its own individual contribution to the general objectives of the company. In the working context, the "personnel evaluation" assumes a fundamental importance, if managed with the right criteria, in order to make the employee not a simple pawn to move and manage for use and consumption of the organization, but an integral part of the organization itself.

ATTITUDE OF LIBRARY PROFESSIONALS TOWARDS ADOPTION OF CLOUD COMPUTING TECHNOLOGY IN VTU AFFILIATED ENGINEERING COLLEGES LIBRARIES

2019 ◽  
pp. 1-4
Author(s):  
C. T. Kantharaja
Keyword(s):  
Cloud Computing ◽  
Academic Libraries ◽  
Technical Skills ◽  
Library Services ◽  
Cloud Platform ◽  
Computing Technology ◽  
Management Software ◽  
Library Management ◽  
The Right ◽  
Library Professionals

Cloud computing technology has signicant role in academic libraries. Most of the library services are available on cloud platform and library software vendors developed their Library Management Software on cloud platform. It is the right time for library professionals to upgrade their technical skills to provide good services to the library stakeholders. This study shows the library services and facilities available on cloud. It is the right time to migrate to cloud

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