scholarly journals Food Safety and Civil Liability of the Enterprise from the View of Comparative Law

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Nguyen Thi Phuong Cham
Keyword(s):  
Food Safety ◽  
Legal System ◽  
Technology Development ◽  
Product Liability ◽  
Civil Liability ◽  
Comparative Law ◽  
Point Of View ◽  
Legal Provisions ◽  
Legitimate Interests ◽  
Legal Subjects

As a method to protect the rights and legitimate interests of consumers directly, civil liability plays an important role in improving the legal provisions on food safety. However, the legal issues related to civil liability in general nor especially civil liability in the field of food safety are still remain very much debated by the diversity of relationships among the subjects in the process of production, circulation and consumption. The paper focuses on clarifying: (1) Theoretical and practical provisions apply from the point of view of comparative law, thus pointing out the problems that exist in the legal system in general, as in the Vietnamese legal system in particular on civil liability in the field of food safety; (2) Suggest some complete solutions for the purpose of introducing civil liability mechanisms such as: Protecting the rights and interests of consumers in a practical and effective way; Preventing violations of business in the context of science and technology development; Risk dispersion based on the theory of the balance of interests of civil legal subjects. Keywords: Food safety, civil Liability, tort law, product liability. References: [1] Xiang Li, Jigang Jin, Concise Chinese Tort Laws, Springer-Verlag Berlin Heidelberg, 2014. [2] Niwata Noriaki, Sự cố thực phẩm và vấn đề người tiêu dùng, Nghiên cứu thương mại Mitsuda, quyển 27 số 3. [3] Tạp chí án lệ số 307 (1974) 87-101. [4] Nakamura Hiroshi, Vi phạm hợp đồng và phương thức bảo vệ quyền (2), Tạp chí Đại học Doshisha Quyển 32 số 3 (1980). [5] Tạp chí Án lệ số 1109; Tạp chí thời báo án lệ số 1805. [6] Nozawa, Nghiên cứu pháp luật so sánh trách nhiệm đảm bảo khuyết tật Masamishi (6) - Nhật bản. Pháp. EU, Tạp chí Luật học Rikkyo, Số 91 (2015). [7] Suzuki Miyako “Hạn bảo quản và trách nhiệm đảm bảo khuyết tật trong luật Đức” Tuyển tập luận văn đại học ngoại ngữ Tokyo, số 91 (2015). [8] Felix Maultzsch, Hướng phát triển mới về trách nhiệm đảm bảo khuyết tật của người bán trong pháp luật Đức và Liên minh Châu Âu, Tạp chí nghiên cứu pháp luật chính sách, quyển 82, số 2. [9] Katsuhiko Akabori, Luật trách nhiệm sản phẩm và quản lí rủi ro doanh nghiệp, Tạp chí luật học Học viện Kobe, quyển 38, số 3,4 (2009) 35. [10] Uchida, “Bảo hiểm trách nhiệm bồi thường thiệt hại và sự tham gia của doanh nghiệp đến đâu ?”, Tạp chí thứ 6, quyển 26, số 7 (2018).    

The Liability for Food Product in the Polish Legal System

2009 ◽  
pp. 107-119
Author(s):  
Marek Stanko
Keyword(s):  
Food Safety ◽  
Subject Matter ◽  
Product Liability ◽  
Food Product ◽  
Legal Aspects ◽  
Point Of View ◽  
Legal Analysis ◽  
Community Law ◽  
Agricultural Produce ◽  
Definition Of

- A precise definition of the principles and basis of the food product liability is included in an unusually broad scope of the food safety subject matter. Having regard to the whole set of Polish legal tools for food safety, the reader's attention was focused on civil-legal aspects of producer's liability for harm caused by food product's defect. The idea of the article, however, was not exclusively a detailed legal analysis of Polish legal solutions within this subject matter, but mainly an attempt to interpret these regulations which arouse most doubts in the Polish practice, especially from the point of view of their compliance with the Community regulations. The legal harmonization is undoubtedly of crucial importance in this sphere. It needs emphasizing that the majority of essential legal issues related to the subject matter of food safety as formulated in the Community law has been reflect119 ed in the Polish legislation. Currently this subject matter is regulated on the Polish legal area by the act of 25 August 2006 about the safety of food and feeding. It can be claimed, however, that the regulation of the liability for harm caused by unsafe product (comprising also the notions of agricultural produce and food product) in the Polish legislation complies with the requirements of the Community law. The shortcomings pointed out in the course of considerations absolutely do not allow to conclude that the objective of harmonization has not been achieved. This does not eliminate, however, the necessity to bring about changes postulated in the course of legislative considerations. In the Polish doctrine it is stressed that from theoretical, dogmatic point of view especially the new regime of liability for unsafe product (comprising agricultural produce and food product) should constitute a facilitation for claims to be made by the harmed person. It will, however, be the judicial practice which will decide about its legal efficiency.Parole chiave: responsabilitĂ  civile, prodotto alimentare, rischio di sviluppo e progresso.Key words: Liability, Food Product, Risk of Development and Progress.

scholarly journals Dialogue is bliss

2008 ◽  
Vol 07 (01) ◽  
pp. C05
Author(s):  
Giancarlo Sturloni
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Legitimate Interests ◽  
Democratic Country

The practice of dialogue does not erase the conflicts that can be found upon solid diverging interests. But conflicts are not forcedly a trauma. More then an impossible abolition of diversity, it is important to promote a practice that helps everybody to express their own point of view looking for socially sustainable solution between the parts. But according to Sturloni, «Even in that case: not a dialogue meant to achieve a utopian unitary view able to level all divergences, but to allow the expression of different perspectives and of legitimate interests. The final aim should be to make a choice shared as much as possible within the legal system of a democratic country».

scholarly journals Las cláusulas suelo: un problema de transparencia y entendimiento

2018 ◽  
pp. 379
Author(s):  
Francisco María Pérez Vázquez
Keyword(s):  
European Union ◽  
Legal System ◽  
Point Of View ◽  
Complete Analysis ◽  
The European Union ◽  
High Court ◽  
Legal Provisions ◽  
Court Of Justice ◽  
The Moment ◽  
Formal Point

El presente trabajo aborda el tema de las cláusulas suelo desde el momento en que su repercusión social lo hace recalar en el Senado hasta la sentencia del Tribunal Supremo, de 25 de marzo de 2015. La síntesis efectuada ha recogido la interpretación realizada por la doctrina científica sobre disposiciones legales vigentes, en particular, la problemática originada por concretas modificaciones legislativas como consecuencia de la transposición de la Directiva 93/13/CEE al ordenamiento jurídico español. El tratamiento del asunto sería incompleto sin considerar la función y la doctrina vinculante del Tribunal de Justicia de la Unión Europea (TJUE) generada mediante el mecanismo de las cuestiones prejudiciales. El trabajo recoge los pronunciamientos más notorios de nuestros juzgados y audiencias, de cuya meritoria labor conjunta puede afirmarse, sin tacha de exageración, que ha producido el análisis de todo lo discutible, desde el punto de vista formal como material. Con la doctrina del Tribunal Supremo (TS) sobre la transparencia de las cláusulas suelo y la valoración que dicha construcción ha merecido a las voces más autorizadas pondremos fin a esta labor.The current work deals with the issue of floor clauses from the moment when it reaches the Senate, due to its social repercussions, until the High Court sentence March 25th 2015. The synthesis that has been carried out reflects the interpretation made by the most competent authorities doctrine about the current legal provisions, especially the problems caused by specific legal modifications and as consequence of the transposition of the EC Directive 93/13 to the Spanish legal system. The treatment of this matter would be incomplete if we don´t take into account the function and binding doctrine of the European Union Court of Justice, generated by the mechanics of preliminary issues. This work compiles the most remarkable pronouncements of our judges and magistrates whose commendable combined task can be said without exageration to have produced a complete analysis of every arguable matter from the formal point of view as well as from the material one. We will finish this work with the High Court doctrine about the transparency of floor clauses and the assesment that the most authorised voice have made about this.

scholarly journals A REVIEW OF LEGAL PROBLEMS IN MALAYSIAN STRICT PRODUCT LIABILITY LAW – MAQASID SYARIAH AS A WAY FORWARD

2020 ◽  
Vol 5 (2) ◽  
pp. 239-260
Author(s):  
Muhammad Hafiz Mohd Shukri ◽  
Ruzian Markom ◽  
Rahmah Ismail
Keyword(s):  
Qualitative Methodology ◽  
Product Liability ◽  
Civil Liability ◽  
Court Cases ◽  
Legal Research ◽  
Liability Law ◽  
Consumer Protection Act ◽  
Legal Provisions ◽  
Legal Problems ◽  
Product Defect

Background and Purpose: Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”).   Methodology: By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previous court cases. The findings of this study were analysed using content analysis and critical analysis methods in order to record the similarities and differences which exist, as well as to draw conclusions on the meaning and application of the said law.   Findings: The findings prove that there are several weaknesses in the existing strict civil product liability provisions in Malaysia, which are still unresolved in terms of the meaning of product defect and proof of causation.   Contribution: This paper recommends that any improvements on the legal provisions for strict civil liability under product liability law in Malaysia to be evaluated from a different perspective based on Islamic principles of product liability and the theory of Maqasid Syariah, which has rarely been analysed.   Keywords: Causation, doctrinal, Maqasid Syariah, product liability, strict civil liability.   Cite as: Mohd Shukri, M. H., Ismail, R., & Markom, R. (2020). A review of legal problems in Malaysian strict product liability law – Maqasid Syariah as a way forward. Journal of Nusantara Studies, 5(2), 239-260. http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

scholarly journals The draft of the Regulation (EC) No 852/2004: food safety culture under new administration

2021 ◽  
Author(s):  
Sigune Lopp ◽  
Joel M. Goebelbecker ◽  
Patrick C. Ruff
Keyword(s):  
Food Safety ◽  
Safety Culture ◽  
General Principle ◽  
Evaluation System ◽  
Point Of View ◽  
New Development ◽  
Food Safety Culture

AbstractThe current draft of Regulation (EC) 852/2004 promotes a food safety culture as a general principle. The various stakeholders evaluate this planned new development quite differently. While this is very welcome from a scientific point of view, there are still considerable objections from stakeholders of the area for implementation and monitoring. The challenge is how to integrate the principles into industry, and to measure and verify their effectiveness. In this article, the dimensions of food safety culture are illustrated, and an evaluation system is outlined.

SERS Substrate Fabrication for Biochemical Sensing: towards Point-of-Care Diagnostics

2021 ◽  
Author(s):  
Xiaojia Liu ◽  
Jiuchuan Guo ◽  
Yang Li ◽  
Bo Wang ◽  
Shikun Yang ◽  
...  
Keyword(s):  
Public Health ◽  
Economic Growth ◽  
Food Safety ◽  
Technology Development ◽  
Point Of Care ◽  
Sers Substrate ◽  
Health Issues ◽  
Biochemical Sensing ◽  
Point Of Care Diagnostics ◽  
Increasing Demand

Rapid technology development and economic growth have brought attention to public health issues, such as food safety and environmental pollution, which creates an ever-increasing demand for fast and portable sensing...

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals Grave Judicial Errors Within the Jordanian Legal System: Causes, Legal Provisions and Solutions

2017 ◽  
Vol 10 (2) ◽  
pp. 122
Author(s):  
Alaa Mohammad Alfawaer
Keyword(s):  
Legal System ◽  
Civic Responsibility ◽  
Legal Principles ◽  
Legal Provisions ◽  
Opposing Party ◽  
General Rules ◽  
Judicial Errors ◽  
Judicial Error

It is reasonably and logically conceivable that a judge commits a grave judicial error during the undertaking of his or her judicial work, whether related to legal principles, in the performance of his or her judicial duties or in his exercising of jurisdiction. This error is related to his or her civic responsibility, if it has resulted in damages to a member of the opposing party. Despite the importance and seriousness of such mistakes, and its long establishment, Jordanian legislation has not provided for it, and has left it to the general rules. There is no doubt that there are reasons which lead to such errors occurring and, conversely, that there are ways to avoid this error.

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