A Study on the Improvement of the Legal Effects of the Breach of the Disclosure duty under Insurance Contracts Act through Comparative Legal Analysis

2021 ◽  
Vol 15 (2) ◽  
pp. 217-258
Author(s):  
Sang Ki Kim
Keyword(s):  
Legal Analysis ◽  
Insurance Contracts

POLISH REGULATORY POLICY AIMED AT COUNTERACTING ALCOHOLISM AS AN ELEMENT OF ENSURING SAFETY IN TOURISM – THE CASE OF TRAVEL INSURANCE

2021 ◽  
Vol 57 ◽  
pp. 4-4
Author(s):  
Michał Koszowski
Keyword(s):  
Alcohol Consumption ◽  
Regulatory Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Strict Sense ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Insurance Contracts ◽  
Judicial Decisions

Purpose. The aim of the article is to assess whether the current legal framework on travel insurance contracts allows the regulations in question to be included in the legal instruments that both ensure safety in tourism and constitute an element of the regulatory policy aimed art counteracting alcoholism and the negative effects of alcohol consumption. Method. The main method used in the submitted article is the legal dogmatic method, which, however, is not used in the strict sense. Additionally, analysis of the normative text is supplemented with the author's independent reference to judicial decisions and legal doctrine. Findings. Analysis of legal regulations and judicial decisions allows to indicate that the structure of travel insurance makes it an element of the regulatory policy aimed at counteracting alcoholism. Accidents can often be classified as insurance events within the meaning of various types of insurance contracts, including travel insurance. Therefore, the structure of these agreements cannot assume the form of a specific sanction for alcohol consumption. However, to ensure the fullest possible safety in tourism, insurance events of this type should not be excluded from the liability of insurers without deeper reflection on the purpose of this kind of protection, also within the context of the policy aimed at counteracting addictions and their effects on health and life. Research and conclusions limitations. The legal analysis is focused on the Polish legal regulation of the issue. Practical implications. The conducted research may be an indication for the creation of mandatory regulations regarding travel insurance contracts, as well as the content of the contracts themselves and general insurance conditions. Originality. Research on regulatory policy that is rarely of interest to legal scientists. Type of paper. In the article, theoretical concepts are presented. This text is an overview in nature.

The Racialization of the African-American and Asian-American Citizen: A Comparative Legal Analysis

2019 ◽  
Vol 3 ◽  
pp. 30-41
Author(s):  
Mallory Yung
Keyword(s):  
African American ◽  
Asian Americans ◽  
Asian American ◽  
Model Minority ◽  
Legal Discourse ◽  
Court Cases ◽  
Legal Analysis ◽  
Critical Race ◽  
Social Hierarchies ◽  
American Citizen

The perception of racial tensions in North American settler countries has historically been focused on the Black/White relationship, as has much of the theoretical legal discourse surrounding the concept of “race”. Accordingly, the scope of much critical race scholarship has been restricted such that it rarely acknowledges the racial tensions that persist between different racially-excluded minorities. This paper hopes to expand and integrate the examination of Black and Asian-American racialization that critical race scholars have previously revealed. It will do this by historicizing the respective contours of Black and Asian-American racialization processes through legislation and landmark court cases in a neo-colonial context. The defining features of racialization which have culminated in the ultimate divergence of each group’s racialization will be compared and contrasted. This divergence sees the differential labeling of Asian-Americans as the ‘model minority’ while Blacks continue to be subjugated by modern modalities of exclusionary systems of control. The consequences of this divergence in relation to preserving existing racial and social hierarchies will be discussed in the final sections of this paper.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

Sign in / Sign up

Export Citation Format

Share Document