Financial Regulation and Civil Liability in European Law

2020 ◽  
Author(s):  
Olha Cherednychenko ◽  
Mads Andenas
Keyword(s):  
Financial Regulation ◽  
Civil Liability ◽  
European Law

scholarly journals POSTANOWIENIA ZAKAZUJĄCE STRONIE STOSUNKU UBEZPIECZENIA ODPOWIEDZIALNOŚCI CYWILNEJ SAMODZIELNEGO DOKONYWANIA CZYNNOŚCI USTALAJĄCYCH W USTAWODAWSTWACH PAŃSTW CZŁONKOWSKICH UNII EUROPEJSKIEJ

2017 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
Małgorzata Serwach
Keyword(s):  
German Law ◽  
Civil Liability ◽  
Insurance Contract ◽  
The Other ◽  
Liability Insurance ◽  
European Law ◽  
Law System ◽  
Prior Consent ◽  
Insured Person ◽  
Injured Party

PROVISIONS PROHIBITING A PARTY TO A CIVIL LIABILITY INSURANCE CONTRACT FROM PERFORMING DECLARATORY ACTS IN THE LEGISISLATIONS OF THE MEMBER STATESSummaryAt the m om ent of the insurance occurence a stage o f cooperation, in a broad sense, comes into existence between the parties of a civil liability insurance contract. Its aim is not only a defense against a debt but also against fixing it at an excessive level.An insurance agency, which is actually threatened with an obligation to pay damages, imposes additional duties on the other party. The main duties are the following: a ban on fulfilling the injured party’s claims on his own, concluding a settlement or adm itting the claims. The aim of these bans is protection against overhasty decisions and statements of the insured person as well as against the unfairness o f an entity being in collusion with the injured party which may deliberately mislead the insurer in order to get excessive damages. In some instances the insured party may be led by compassion or regret or act under the influence o f strong emotions justified by the circumstances of the accident. Independently of the intentions of the insured, an insurance agency’s liability has an accessorial nature; it is responsible w ithin the same scope as the insured.The topic of this article are the provisions prohibiting the insured from declaratory actions w ithout a prior consent o f the isnsurance agency. Although they are on principle applied in all European law systems, they are not uniform. My analysis regards the solutions of French and German law as well as in the com m on law system; Polish accession to European U nion makes it necssary not only to prom ote our own practice but also to familiarise with the experience of foreign legislations. 

11. Health and Safety at Work

2020 ◽  
pp. 302-334
Author(s):  
Astra Emir
Keyword(s):  
Health And Safety ◽  
Burden Of Proof ◽  
Civil Liability ◽  
European Law ◽  
Health Safety ◽  
Safety Regulations ◽  
Corporate Manslaughter ◽  
The Impact

This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HSWA, covering both the criminal and civil liability for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, including the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action.

scholarly journals Extending the Principle of Economic Continuity to Private Enforcement of Competition Law. What Lies Ahead for Corporate Restructuring and Civil Damages Proceedings after Skanska? Case Comment to the Judgement of the Court of Justice of 14 March 2019 Skanska Industrial Solutions and others (Case C-724/17)

2019 ◽  
Vol 12 (19) ◽  
pp. 259-268
Author(s):  
Vasiliki Fasoula
Keyword(s):  
Civil Law ◽  
Competition Law ◽  
Civil Liability ◽  
Corporate Restructuring ◽  
Point Of View ◽  
Private Enforcement ◽  
Competition Authority ◽  
European Law ◽  
Legal Entity ◽  
European Competition Law

In the tradition of civil law Member States, civil liability issues are linked to the legal entity that caused a damage, with the exception of lifting the corporate veil. The Finnish competition authority imposed fines to Finnish companies that participated in an asphalt cartel. Following that decision, an action for damages was lodged for infringement of Article 101 TFEU that ultimately led to the Skanska ruling. The European judge completes and specifies some ambiguities of the Damages Directive. From a holistic point of view of the objective pursued by both public and private enforcement of European competition law rules, the economic entity of an ‘undertaking’, as it is defined by European law rather than the legal entity as it is defined by national law, must be a substantive criterion, and not a procedural one, in civil liability procedures before national courts awarding damages for European law infringements. Introducing the principle of economic continuity to national civil liability procedures is a creeping harmonisation of national civil law in order to serve the effectiveness of European competition law. The scope of Skanska could also extent to Article 102 TFEU infringements. Corporate restructuring must follow from now on a lengthy and complex due diligence as the acquirers could be liable for their predecessors’ infringements in any Member State.

Difficulties of the Financial Reform in the USA

2013 ◽  
pp. 147-158
Author(s):  
V. Kulakova
Keyword(s):  
Economic Policy ◽  
Consumer Protection ◽  
Financial Regulation ◽  
Financial Reform ◽  
Wall Street ◽  
Political Sciences ◽  
Consumer Protection Act ◽  
The Usa ◽  
Major Factors ◽  
International Financial Regulation

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.

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