scholarly journals TEMPORAL FACTORS OF APPLICATION OF CIVIL LIABILITY

InterConf ◽  
2021 ◽  
pp. 120-128
Author(s):  
Petro Guyvan
Keyword(s):  
Civil Liability ◽  
Negative Consequences ◽  
Civil Responsibility ◽  
Theoretical Position ◽  
Legal Relationship ◽  
Material Goods ◽  
State Coercion ◽  
Subjective Rights ◽  
Mandatory Use ◽  
Definite Result

The paper considers this type of legal relationship in the context of its relationship with such a legal phenomenon as a protective legal relationship. The defining thesis is that civil liability is an important, but not the only element of the protective relationship. After all, the application of measures to counteract various risks and threats that entail violations of subjective rights, by bringing offenders to civil responsibility, ensures the effective restoration of rights and adequate compensation to victims. At the same time, the principles of introducing negative consequences for the violator are not necessarily based on deprivation of the violator of material goods. They are based on the integrated application of measures, including those that have an operational and preventive effect and, strictly speaking, are not responsible. The article also analyzes in detail the theoretical position on the mandatory use of coercion in bringing the offender to justice, and criticizes this thesis. State coercion through a court decision has been shown to be an effective but not mandatory element of the protective relationship that arises between the victim and the offender. The possibility of realization of the protective requirement by voluntary fulfillment by the debtor, and thus, satisfaction of protection requirements is clearly shown. The paper also distinguishes between the concepts of civil offense and violation of law. After all, a violation of a subjective right can be caused not only by actions that qualify as civil offenses, but also by others that do not have such signs. In this regard - the violation of the law is a broader term that covers the consequences of various phenomena, including offenses, is a definite result.

scholarly journals Terms of civil liability: are general theoretic approach

2021 ◽  
pp. 53-63
Author(s):  
Inna Kovalenko
Keyword(s):  
Civil Liability ◽  
Legal Responsibility ◽  
Theoretic Approach ◽  
Causal Connection ◽  
Negative Consequences ◽  
Legal Norms ◽  
Civil Responsibility ◽  
Dangerous Behavior ◽  
The Face ◽  
Harmful Result

The article is sanctified to the questions of civil liability on the legislation of Ukraine. Taking these theoretical positions for basis, it is possible to assert that the normative founding of legal responsibility envisages the presence of legal norms, that determine possible and necessary behavior of the subject of legal relationships, embargo on certain behavior, and system of approvals and legal binding overs that determine the process of realization of responsibility. It is marked that traditionally a range of problems of responsibility was of interest such fields of law, as civil, administrative, ecological, domestic. Summarizing the above-mentioned in the article, it is possible to establish, that legal responsibility, including civil legal in whatever form she came forward always is direct influence on an offender. The substantial line of responsibility - it so to say perceptible bears by the face of negative consequences of offence in form privations of the personal, organizational or property order, regardless of what her measures will be realized: imprisonment, compensation of harm or something other. It stipulates the orientation of responsibility actually on the face of offender, stipulates penalty, punitive character of legal responsibility keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior. Thus, it costs to consider the composition of civil offence, that includes for itself the presence of the inflicted harm, unlegality of behavior of malefactor, causal connection between behavior of person and harmful result, guilt of malefactor the condition of civil responsibility. Thus, it costs consider that illegal there can be actions that violate the norms of legislation and equitable rights of citizens, and illegal - only those actions that violate the norm of law. Keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior.

scholarly journals Građanska odgovornost za sekundarne medicinske štete / Civil Responsibility For Secondary Damages In Medicine

2016 ◽  
Vol 6 (6) ◽  
pp. 75
Author(s):  
Slobodan Stanišić
Keyword(s):  
Health Workers ◽  
Civil Liability ◽  
Breach Of Contract ◽  
Civil Responsibility ◽  
Legal Relationship ◽  
Secondary Damage ◽  
Medical Institutions

The paper discusses the concept and types of secondary damage in medicine, the assumptions for the development of civil responsibility of medical institutions and health workers for secondary damage, and attempts to answer the question of whether this kind of civil liability for damage resulting from breach of contract on health (doctor’s) service or from non-contractual legal relationship causing damage.

Subjective Rights and Obligations Fulfilling the Content of the specific Legal Relationship Related to the Work of Prisoners

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yordan Yordanov ◽  
◽  
◽  
Keyword(s):  
Community Service ◽  
Employment Relationship ◽  
Legal Relationship ◽  
The Republic ◽  
Subjective Rights

The article examines the work of persons sentenced to imprisonment in the Republic of Bulgaria who perform community service. The emphasis in the exhibition is the subjective rights and obligations of the participants in the emerging legal relationship in view of the specifics of the work performed, which are incompatible with the legal sphere of free citizens participating in the employment relationship.

Civil liability for carriers of Coronavirus infection

2021 ◽  
Vol 12 (4) ◽  
pp. 1236-1246
Author(s):  
Dr. Arshed Taha Hattab, Et. al.
Keyword(s):  
Causal Relationship ◽  
Civil Liability ◽  
Modern Problem ◽  
Civil Responsibility ◽  
Corona Virus ◽  
Legal Implications ◽  
Coronavirus Infection ◽  
Definition Of

The study is based on research into the civil liability for the transmission of covid-19 in Iraqi law, by identifying the definition of infection and the definition of the disease, what is covid-19, what methods of propagation and transmission, and what symptoms cause the patient, all we addressed in the first research. The second research is devoted to the provisions of civil responsibility for the CORONA virus, and the search for its pillars, namely error and damage, and this causal relationship and what is wrong, what damage is done to the victim of mers-co777 transmission, what is the damage caused, the causal relationship between the offender's fault and the damage, and whether the transmission is intentional or unintentional. The study concluded with the legal implications of that liability, which was limited to in-kind implementation and compensation. Finally, we concluded the research with a number of findings and recommendations, which may be a basis for the legislator to address this modern problem.

scholarly journals Review of Issues Related to Crisis and Its Management in Civil Liability Law

2017 ◽  
Vol 10 (2) ◽  
pp. 9
Author(s):  
Zahra Mohammadi ◽  
Ghavam Karimi
Keyword(s):  
Civil Liability ◽  
Legal Person ◽  
Special Relationship ◽  
Tort Liability ◽  
Ordinary People ◽  
Government Employees ◽  
Civil Responsibility ◽  
Liability Law ◽  
Supreme Council ◽  
History Of

Civil liability is a responsibility, which exist against damage caused and made causing damage to compensate. Civil liability means a liability to pay damages. So wherever someone is responsible for compensation against other one, there is civil liability. Civil liability laws enacted in 1960,there is no definition about responsibility and responsibility of the person has brought based on intentionally or fault of the natural or legal person including ordinary people or government employees and doesn’t say a word of Cairo forces in the realization of civil responsibility of states. There is a special relationship based on the civil liability between prejudicial and injured which is the same compensation. So, civil liability in a general and extensive sense covers contractual liability and tort liability because for both important issues to discuss about compensation. But the basic difference between these two back together the presence or absence of a contract between the parties. The scope of civil liability begins where is not present any contract for the fulfillment of the obligations between the parties. In this paper, the history of civil liability in relation to crisis management and its evolution, as well as the duties of the Supreme Council of the crisis in the form of materials and auxiliaries which have been approved are briefly discussed.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals Statute of Limitations in Labor Law (Theory and Practice of Law Enforcement)

2021 ◽  
Vol 2 ◽  
pp. 37-41
Author(s):  
S.A. Komkov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Law ◽  
Theory And Practice ◽  
Negative Consequences ◽  
Labor Disputes ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Russian Federation ◽  
Special Time ◽  
Exhaustive List

The terms of applying to the commission on labor disputes and to the court for the resolution of individual labor disputes are analyzed and the legal nature of these terms as the statute of limitations is noted. The conclusion is justified that it is unjustified to provide in the Labor Code of the Russian Federation an exhaustive list of valid reasons for missing the terms of treatment due to the variety of life situations. It is established that one of the valid reasons for the late filing of a claim against the employer may be the fear of the employee of the occurrence of negative consequences in the service. It is argued that while the employee is working, the legal relationship for unpaid wages is of a continuing nature, and does not fall under the term for applying to the court. The conclusion is made about the validity of the establishment of a special time limit for applying to the court in cases of compensation for non-pecuniary damage to an employee by the employer.

scholarly journals The Impact of Bioprinting Technologies on the Development of Civil Liability

Lex Russica ◽  
2020 ◽  
pp. 88-99
Author(s):  
D. E. Bogdanov
Keyword(s):  
New Technology ◽  
Strict Liability ◽  
Civil Liability ◽  
Legal Regulation ◽  
Digital Design ◽  
Negative Consequences ◽  
Compensatory Mechanisms ◽  
Human Organ ◽  
Moral Principles ◽  
The Impact

Bioprinting is a new technology that allows us to overcome the shortage of human organs and tissues in transplantation. This technology, in addition to its positive effect, creates serious risks, since the negative consequences bound to arise from its active implementation remain unknown. For example, deficiencies in digital design of a digital model of a human organ or the skeleton of this organ may harm the life or health of a patient. Therefore, civil liability has become one of the main areas of legal regulation that bioprinting will have a serious impact on. Foreign law enforcement practice indicates that there are problems in determining the model of liability for harm caused in the field of additive technologies and bioprinting. The foreign science of civil law attempts to develop a scientific response to a new technological challenge, in particular, it is proposed to use a number of approaches to compensate for the damage caused by the use of bioprinting technologies. For example, it is proposed to use a special culpable tort or to compensate for damages under the strict liability model. Positions are also expressed in favor of using contractual remedies.It is necessary to take into account not only the risks that bioprinting technology creates, but also its benefits. In order to obtain a beneficial effect, the patient can voluntarily assume the risks arising from its use. Russian law has established a rule according to which compensation for harm can be refused if the harm was caused at the request or with the consent of the victim, and the actions of the harmer do not violate the moral principles of society. This rule may become very important in the future when dealing with questions on liability for harm caused to the patient due to the use of bioprinting technologies in treatment. This will require the use of other compensatory mechanisms aimed at protecting the rights of patients, such as life and health insurance when using bioprinting technologies.

scholarly journals Requerimientos para la práctica profesional del arquitecto en Europa, como marco condicionante sobre la responsabilidad civil arquitectónica = Requirements for the professional practice of the architect in Europe, as a conditional framework for architectural civil responsibility

2017 ◽  
Vol 3 (3) ◽  
pp. 27
Author(s):  
Victor Herrera ◽  
Antonio E. Humero ◽  
Monserrat Castellanos ◽  
Rebeca Garcia-Casares ◽  
Xavier Brioso ◽  
...  
Keyword(s):  
Professional Practice ◽  
Civil Liability ◽  
Civil Responsibility ◽  
Different Types ◽  
Great Heterogeneity ◽  
Artistic Vision

El ejercicio profesional de la arquitectura, conlleva por su naturaleza, algunas consecuencias importantes como son las cargas de responsabilidad, siendo además la Civil, una de las más importante. En general en Europa, existe una gran heterogeneidad tratándose del que hacer de un arquitecto, ya que varía desde una visión netamente artística, hasta una más técnica y constructiva, representando distintos conceptos profesionales bajo una denominación común a lo largo del continente. Esto conlleva a que existan distintos tipos de profesionales ya que reciben distintos tipos de formación, el que finalmente no deja que todos puedan asumir los mismos tipos de responsabilidad. Igual situación se observa en relación a los seguros de responsabilidad civil que contratan estos profesionales, los que tienen una gran variación en cuanto a sus características. Estos problemas aun no tienen normativas concretas que la regulen, por lo que es una situación de gran importancia para la sociedad comunitaria. Por todo esto, es que en este análisis se estudiarán varios conceptos relacionados a la realidad sobre el título y la función del arquitecto en Europa.AbstractThe professional practice of architecture, involves by its nature, some important consequences such as liability burdens, being also the Civil, one of the most important. In general in Europe, there is a great heterogeneity dealing with what to do as an architect, since it varies from a purely artistic vision, to a more technical and constructive one, representing different professional concepts under a common denomination throughout the continent. This leads to the existence of different types of professionals since they receive different types of training, which ultimately does not allow everyone to assume the same types of responsibility. The same situation is observed in relation to the civil liability insurances contracted by these professionals, which have a great variation in terms of their characteristics. These problems do not yet have specific regulations that regulate it, so it is a situation of great importance for the community society. For all this, is that this analysis will study several concepts related to reality on the title and role of the architect in Europe.

scholarly journals Joint Functional Focus of Models of Civil Liability for Damage Inflicted on Patients

2020 ◽  
Vol 10 ◽  
pp. 393-399
Author(s):  
Volodymyr Prymak ◽  
◽  
Olga Koreniuk ◽  
Tatiana Poharchenko
Keyword(s):  
Human Dignity ◽  
Public Life ◽  
Civil Liability ◽  
Legal Regulation ◽  
Moral Rights ◽  
Effective Protection ◽  
The World ◽  
Moral Damage ◽  
Subjective Rights ◽  
Legal Mechanism

One of the key areas of legal regulation of any aspect of public life (especially when it comes to personal moral rights inalienable from a person, including those that ensure the person's physical existence and reflect the human dignity inherent in every individual) is the establishment of legal guarantees for the observance and protection of subjective rights belonging to a person. The purpose of this study is to determine the centripetal (in value and functional terms) trends in the development and application of similar legal models and means of legal regulation of relations arising from harm inflicted on patients. It was concluded on the inevitability of the intensification of the world, and European, in particular, tendencies regarding the diverse use by national legal systems of similar functional legal instruments for compensation for property and moral damage in order to ensure effective protection of personal non-property and property rights of patients and related persons. Therewith, the identity of a certain national legal mechanism will be determined mainly by the orientation of the legal policy of a particular state towards the top-priority implementation of certain characteristics of compensation and proactive, preventive (which, in the context under consideration, appears as a guarantee for the observance of the rights of patients and the performance of obligations by the providers of medical services) functions of civil liability.

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