scholarly journals Uncertainty Over Causation and the Determination of Civil Liability

10.3386/w1219 ◽  
1983 ◽  
Author(s):  
Steven Shavell
Keyword(s):  
Civil Liability

scholarly journals Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris

2021 ◽  
Vol 2 (1) ◽  
pp. 99-103
Author(s):  
Ni Made Sinthya Kusuma Arisanthi ◽  
I Nyoman Putu Budiartha ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Moving Objects ◽  
Legal Reasoning ◽  
Civil Liability ◽  
The Law

In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.

scholarly journals Role of Foreseeability in Imposition of Civil Liability

2021 ◽  
Vol 2 (20) ◽  
pp. 268-286
Author(s):  
Edijs Brants
Keyword(s):  
Strict Liability ◽  
Theoretical Perspective ◽  
Civil Liability ◽  
Article Analysis ◽  
Points Of View ◽  
Insight Into

The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foresee­ability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict liability. Likewise, the article analysis the role of foreseeability during determination of preconditions to civil liability, for example, by introducing it into the concepts of “fault” and “causation”. The aspects referred to in this article are predominantly analysed from the theoretical perspective. The article references various legal sources from different countries, which allows other legal scholars to use the conclusions offered herein.

scholarly journals Civil liability in pharmacy

2021 ◽  
Vol 14 (2) ◽  
pp. 251-258
Author(s):  
O. H. Aleksieiev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Liability ◽  
Legal Liability ◽  
Healthcare Sector ◽  
Contractual Relationship ◽  
Theoretical Approaches ◽  
Correct Determination ◽  
Constitutional Right

The aim to characterize civil liability as a component of legal liability in pharmacy. Materials and methods. During the research, the methods of analysis, synthesis, and legal comparison were used. National civil legislation, as well as general theoretical approaches and points of view to the issues of civil liability in the pharmaceutical healthcare sector were used as research material. Results. The sphere of circulation of medicines is a multifaceted complex of legal relations regulated by the norms of various branches of law. At the same time, their generalizing feature is the focus on providing the population with affordable, safe and high-quality medicines. Establishing the rights of citizens at the legislative level, the legislator always necessarily provides for mechanisms of protection against violation of these rights. One of the most effective mechanisms is legal liability. Since the above citizens' rights are civil rights, it seems relevant to investigate the essence and content of civil liability in the pharmaceutical healthcare sector. Pacta sunt servanda is a principle of international law, according to which treaties are binding and must be executed in good faith. Unlike contractual liability, delict liability occurs in cases where the violator does not have a contractual relationship with the offended party. Conclusions. Civil liability is one of the most effective measures to ensure the constitutional right of citizens to accessible. safe and quality medicines. Determination of the legal status of a pharmaceutical worker as one of the central figures in healthcare is necessary for the correct determination of the type of civil liability

scholarly journals The civil liability of the consortium members for the individual mistake of one member

2018 ◽  
Vol 7 (2.13) ◽  
pp. 272
Author(s):  
Ahmed M. Elsawi
Keyword(s):  
Accurate Determination ◽  
Civil Liability ◽  
Separate Entity ◽  
Major Question ◽  
Legal Implications ◽  
Specific Determination ◽  
Contractual Agreements ◽  
The Individual ◽  
Personal Liability

Nowadays, the various forms of contractual agreements have spread between the different contracting companies for the purpose of executing the huge international contracts which require the synergy of all efforts. This has led to the appearance of new forms of cooperation between the international contractors, called the "Consortium Agreement", which is a kind of special partnership entered into for the purpose of executing a certain project, and ends at the completion of this project, without the constitution of a separate entity for the parties of this consortium. Nonetheless, many and various legal implications result from this consortium, some of which may be attributed to the subordination relationship between this agreement and the international contract of construction; while other legal implications might be attributed to the Consortium Agreement itself. The main problem in this regard may arise, if the consortium members did not agree on the accurate determination of the civil liability for each party, whether it was during the pre-contractual stage, or during the contract's execution; as well as the specific determination of the consortium members' liability towards the employer for the individual mistake of one member, especially in light of the multiple parties and the unity of purpose. In this regard, the liability may take one of the following two forms: first, to consider all members of the consortium as joint partners before the employer; second, to adopt the personal liability of each member separately, thus, each member shall be liable only for the part assigned to him. Hence, we will try here to answer a major question regarding the liability of the consortium members for the individual error of one member towards each other or towards the employer, taking into consideration the special nature of the Consortium Agreement.  

scholarly journals The Issue of Determining the Amount of Insurance Compensation if the Insured Event Accurs under the Developer’s Civil Liability Insurance Contract

2021 ◽  
Vol 16 (2) ◽  
pp. 39-46
Author(s):  
A. A. Goncharova
Keyword(s):  
Civil Liability ◽  
Insurance Contract ◽  
Liability Insurance ◽  
Minimum Amount ◽  
Second Stage ◽  
Shared Equity ◽  
Insured Event ◽  
Insurance Compensation

The author considers different ways for determining the amount of insurance compensation to be paid to the participant of shared-quity construction in case of occurrence of an insured event in the form of recognition of the developer’s insolvency (bankruptcy) or foreclosure of a collateral. The purpose of the paper is to identify approaches to the determination of this amount used by insurers at different stages of implementation of the mechanism of the developer’s civil liability insurance and to analyze these approaches’ legality. The author analyzes actual jurisprudence in cases involving insurers and participants in shared-equity construction. It is established that at the first stage in the legislation there were no rules for determining the amount of insurance compensation in this area, and insurers determined it at their discretion. At the second stage, when the minimum amount of insurance compensation was consolidated in law, insurers faced controversy caused by a mismatch between the amount originally paid by the construction participant under an equity participation agreement and the amount to be paid. The author concludes that, at the second stage, the disagreement concerning the amount of insurance compensation is caused by the insurers’ abuse of right.

scholarly journals Pierādīšanas nasta atbildības par vainojamu rīcību piemērošanā

2021 ◽  
pp. 154-166
Author(s):  
Edijs Brants ◽  
Keyword(s):  
Civil Law ◽  
Burden Of Proof ◽  
Civil Liability ◽  
Standard Of Care ◽  
Tort Law ◽  
Contract Law ◽  
Fundamental Question ◽  
Private Law ◽  
Legal Duty

In this article, the author analyses the burden of proof in determination of fault-based liability. The main focus is placed on the first prerequisite of civil liability – fault, which can be defined as non-compliance of the factual conduct with the required standard of care (in form of negligence or intent). Currently, the aspect of burden of proof regarding fault is quite unclear in Latvian private law. Therefore, in this article the author answers the fundamental question: which party has the legal duty to prove the prerequisite “fault” (or its absence) according to the Civil Law? Additionally, the author will also outline the peculiarities of burden of proof in both tort law and contract law.

scholarly journals ON THE ISSUE OF EXEMPTING A MEDICAL ORGANIZATION FROM RESPONSIBILITY FOR DAMAGING A PATIENT'S HEALTH

2020 ◽  
Vol 34 (2) ◽  
pp. 118-120
Author(s):  
I.M. Vilgonenko ◽  
◽  
G.V. Stankevich ◽  
Keyword(s):  
Medical Error ◽  
Civil Liability ◽  
Clear Definition ◽  
Medical Organization ◽  
Medical Risk ◽  
Definition Of ◽  
Medical Accident

This article discusses the urgent issue of the grounds for exempting a medical organization from liability for harming the patient’s health. The authors point out the imperfection of the legislation in the sphere of norms governing the grounds for both full and partial exemption from civil liability, due to the lack of concretization and legal determination of the necessary categories. The absence in the legislation of a clear definition of such categories as “medical error”, “medical accident”, and “justified medical risk” contributes to contradictions in the assessment of the actions of medical workers and the conclusions of the court. The authors propose making changes that will help improve the legislation on this issue

Sign in / Sign up

Export Citation Format

Share Document