IS THE NECESSITY ASSESSMENT AT THE INSTITUTE OF HARMFUL RECOVERY?

2021 ◽  
Vol 21 (2) ◽  
pp. 217-244
Author(s):  
HELMUT KOZIOL
Keyword(s):  
General Rule ◽  
Civil Liability ◽  
Private Law ◽  
Subjective Approach ◽  
Factors Influencing ◽  
German Speaking ◽  
Law Regulation

The article of one of the most prominent contemporary representatives of “bewegliches System” conception of private law regulation provides a thorough examination of factors influencing the leading approachs to assessment of fault in german speaking jurisdictions. The author comes to conclusion that unconditional adherence to unified (either subjective or objective) approach shall not attend to the ends pursued by particular intitutions aggregated under the name of civil liability, whereas the ethically underpinned concept of liability requires subjective approach as a general rule for noncontractual liability.

The Foundations of Civil Liability for Industrial Pollution

2020 ◽  
Vol 11 (3) ◽  
pp. 208-246
Author(s):  
David Messner
Keyword(s):  
Industrial Pollution ◽  
Power Plants ◽  
Strict Liability ◽  
Civil Liability ◽  
Private Law ◽  
Industrial Facilities

Abstract In European private law, operators of industrial facilities, power plants and other sites using special substances or procedures are made responsible for harm caused by pollution even where it is doubtful that such harmdoing is unreasonable or could have been foreseen. Analysing both fault-based and strict liability, the author discusses legal bases for this liability and its justification in European jurisdictions.

scholarly journals Categories of reasonableness and good faith in private law regulation

2021 ◽  
Vol 7 (3A) ◽  
pp. 60-66
Author(s):  
Natalya I. Besedkina ◽  
Vasily V. Gushchin ◽  
Taimuraz E. Kallagov ◽  
Tatiana V. Larina ◽  
Zlata V. Makarchuk
Keyword(s):  
Financial Markets ◽  
Good Faith ◽  
Private Law ◽  
Structural Concrete ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Legal Nature ◽  
Two Factors ◽  
General Scientific ◽  
Law Regulation

The purpose of the article is to study the legal nature and essence of the categories of reasonableness and good faith in the field of private law regulation in the legislation of modern Russia. The methodological basis of the research was the general scientific dialectical method of cognition and the private scientific methods that follow from it: system-structural, concrete-sociological, technical-legal, historical-legal, and comparative legal methods. Their application allowed the authors of the article to study the objects under consideration in their interrelation, integrity, comprehensively and objectively. The article concludes that good faith is essential in filling the gaps in the legislation. It is not always possible to establish a single rule, to approve a norm that excludes unfair conduct. The gaps are not only due to legislative errors. Two factors have an important impact: the diversity of relations and their constant development in different areas (for example, e-commerce, financial markets).

11. Private law and environmental protection

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Environmental Protection ◽  
Environmental Remediation ◽  
Civil Liability ◽  
Environmental Damage ◽  
Private Law ◽  
Essential Characteristic ◽  
Environmental Liability ◽  
Public Nuisance ◽  
Private And Public ◽  
The Eu

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.

scholarly journals La responsabilité civile délictuelle des municipalités en matière d'entretien des rues et des trottoirs pendant l'hiver

2005 ◽  
Vol 23 (1) ◽  
pp. 135-173
Author(s):  
Micheline McNicoll
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Public Law ◽  
The Other ◽  
Boundary Line ◽  
Court Decisions ◽  
Private Law ◽  
Considerable Influence ◽  
Public And Private ◽  
Proper Understanding

An exhaustive review of our case law is required for a proper understanding of municipalities' civil liability for offences and quasi-offences. It appears indeed that there is no other alternative since, on one hand, the legislator is mute on number of important relevant questions and, on the other hand, municipalities, are governed by rules of public law. Our review covering a period of about eighty years, contains an analysis of the three « schools of thought » that succesively exerciced considerable influence upon our court decisions. The different « schools of thought » naturally emerged from the constant opposition of public and private law divided by a boundary line subject to fluctuation.

scholarly journals THE ROLE AND SIGNIFICANCE OF LEGAL FACTS IN REGULATING THE LEGAL CONSEQUENCES OF ANTI-COMPETITIVE ACTIONS

2020 ◽  
pp. 169-174
Author(s):  
M. A. Yegorova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Private Law ◽  
Non Profit ◽  
The Third ◽  
The Subject ◽  
Commercial Organizations ◽  
Competitive Actions ◽  
Legal Consequences ◽  
Law Regulation

The article analyzes the role and significance of legal facts in regulating the legal consequences of anti-competitive actions. The main types of private law consequences are distinguished, which are divided into three groups. The first group includes the most characteristic of the subject of civil law regulation of property effects, the second group, special methods of protection of civil rights, which can be described as organizational and restorative the legal consequences, the third group ,the antitrust compulsory liquidation and reorganization of legal persons, the basis for which implementation is the systematic implementation of monopolistic activity by commercial organizations and non-profit organizations engaged in activities that bring them income

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