Odpowiedzialność solidarna

BUILDER ◽  
2019 ◽  
Vol 261 (4) ◽  
pp. 46-47
Author(s):  
Alicja Głowacka - Michalak
Keyword(s):  
Civil Code ◽  
Basic Change ◽  
Judicial Decisions ◽  
Joint And Several Liability ◽  
General Contractor

Introduced by the Act amending the Civil Code of February 14, 2003, joint and several liability of the investor and general contractor for payment of subcontractor's remuneration due to divergent interpretations of regulations and inconsistent judicial decisions, did not solve practical problems, and violated the principle of equal parties and exposed the investor to the risk of paying double remuneration to the contractor and subcontractor. The basic change was made by the act of 7/04/2017. Currently, the joint and several liability regime provides the subcontractor with an additional guarantee of payment of remuneration not only from the contractor, but also from the investor.

Part III Prospectus Liability and Litigation, 24 The Netherlands

2020 ◽  
Author(s):  
Franx Jan Paul
Keyword(s):  
The Netherlands ◽  
Annual Report ◽  
Civil Code ◽  
Corporate Law ◽  
Joint And Several Liability ◽  
Prospectus Liability ◽  
History Of ◽  
A Company ◽  
Special Category

This chapter discusses Dutch law. The history of the present statutory rules on prospectus liability in the Netherlands dates back to 1928, the year in which Dutch corporate law was codified. Like the annual report which companies had to publish on a yearly basis, the Dutch legislator considered the prospectus as a corporate document and therefore was of the opinion that a statutory rule on prospectus liability should be issued together with the Companies Act. Codification of prospectus liability was effectuated by formulating it as a special category of tort in the Dutch Civil Code (DCC). The act of 1928 provided that managing and supervisory directors of the issuer would be jointly and severally liable with the issuer itself for misleading statements in the prospectus. This had to do with the view of the legislator — that the decision of investors to invest in a company was to a large extent based on the reputation of management. As a result of this joint and several liability of directors, the first Dutch legislation on prospectus liability can be considered as being particularly investor friendly.

scholarly journals EFEITOS DO DANO ORIUNDO DE INADIMPLEMENTO CULPOSO DO CONTRATO DE EMPREITADA

2020 ◽  
Vol 1 (58) ◽  
pp. 1
Author(s):  
Maria Helena DINIZ
Keyword(s):  
Civil Liability ◽  
Civil Code ◽  
Good Faith ◽  
Judicial Decisions ◽  
Damage Quantification ◽  
Brazilian Legislation ◽  
Court Of Justice ◽  
Damage Repair ◽  
Legal Consequences

RESUMO Metodologia: Para atingir ao que se pretende transmitir, cientificamente, neste artigo, a metodologia utilizada foi a lógico-dialética, tendo por suporte a análise de referências bibliográficas, da legislação brasileira, principalmente, do Código Civil de 2002 e de decisões judiciais como as do Superior Tribunal de Justiça.Resultados: O artigo aponta, se uma das partes vier a ser indenizada, em virtude de descumprimento de contrato de empreitada por culpa de outra, as seguintes consequências jurídicas: inexistência de enriquecimento ilícito e descabimento de propositura de ação in rem verso. Ressalta, ainda, a relevância da boa fé na apuração da responsabilidade indenizatória, sendo que o valor da indenização estipulado por expert deverá ter por baliza a repercussão econômica do contrato descumprido no patrimônio do lesado. Contribuições: A principal contribuição deste trabalho consiste em demonstrar o cabimento da aplicação do art. 475 do Código Civil e de algumas consequências decorrentes do inadimplemento culposo da empreitada, tais como: resolução contratual, indenização por perdas e danos tendo por parâmetro o próprio contrato, na forma de lucros cessantes e da perda de uma chance, liberação de reparação de danos emergentes se a parte arcar com os custos. Palavras-chave: Empreitada; Validade Negocial; Descumprimento Voluntário; Responsabilidade Civil; Perda de uma chance; Quantificação do Dano. ABSTRACT Methodology: To achieve what it is intended to convey, scientifically, in this article, the methodology used was the logical-dialectic, supported by the analysis of bibliographic references, of the Brazilian legislation, mainly of the Civil Code of 2002 and of judicial decisions such as of the Superior Court of Justice. Results: The article points out the following legal consequences, if one of the parties is indemnified, due to noncompliance with the contract for the fault of another: no graft and misplaced action in rem verso. It also emphasizes the relevance of good faith in civil liability application, and the amount of indemnity stipulated by an expert should be based on the economic repercussion of the breached contract in the injured party's assets. Contributions: The main contribution of this work is to demonstrate the appropriateness of the application of art. 475 of the Civil Code and some consequences resulting from the beach of the contract, such as termination of the contract, indemnity for losses and damages having as parameter the contract itself, in the form of loss of profits and the loss of a chance, damage repair release if the party bears the costs. Keywords: Contract; Contractual Validity; Voluntary Non-Compliance; Civil Liability; Loss of a chance; Damage Quantification.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 62 Panama: Panamanian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Montenegro Carlos Alberto Arrue
Keyword(s):  
Latin America ◽  
International Law ◽  
Civil Code ◽  
Legal Rule ◽  
Legal Authority ◽  
Private International Law ◽  
Binding Effect ◽  
Judicial Decisions ◽  
The Hague ◽  
Correct Application

This chapter studies Panamanian perspectives on the Hague Principles. In relation to obligations and contracts, the Panamanian Civil Code reproduces Book IV, ‘Of Obligations and Contracts’, of the Spanish Civil Code of 1889, but contains a number of important differences in other sections. In terms of sources of law, statutes occupy the most prominent position among sources of law. Consequently, neither interpretations given by Panamanian courts, nor decisions on previous cases, are binding for courts that must then decide on similar cases, even when the same provisions apply. Nevertheless, judicial decisions may, and in fact usually do, serve as an illustration on the correct application or interpretation of a legal rule. It is in this limited context that the Panamanian courts may refer to the Hague Principles and other principles of private international law and/or international contracts. The latter will not have an automatic or binding effect, but they may provide legal authority upon which the court may depend to properly interpret similar provisions of Panamanian private international law, or otherwise develop and complete legal gaps in Panamanian private international law.

scholarly journals An Analysis of Major Provisions of Nepalese Law of Contract (Part-V of Muluki Civil Code, 2074)

2020 ◽  
Vol 23 (1) ◽  
pp. 153-162
Author(s):  
Satya Narayan Kalika
Keyword(s):  
Analytical Methods ◽  
Secondary Data ◽  
Civil Code ◽  
Point Of View ◽  
Primary Sources ◽  
Judicial Decisions ◽  
The Law ◽  
The Given

This doctrinal study has adopted exploratory, descriptive and analytical methods. The analysis is based on primary sources of law drawn from statutes and judicial decisions, and some secondary data drawn from articles, books and treatises on the given issue. The nascent Muluki Civil Code, 2074 contains various provisions which are important from the jurisprudential point of view of the law of contract. This paper thrives to explore the major provisions of the current law of contract in Nepal, analyse the major provisions and jurisprudence of the law of contract, while also highlighting the differences between the new and old laws regulating contract in Nepal.

scholarly journals Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 433
Author(s):  
Arif Bahtiar Jefry ◽  
Lathifah Hanim
Keyword(s):  
Code Of Conduct ◽  
Civil Code ◽  
Strength Of Evidence ◽  
Criminal Sanctions ◽  
Judicial Decisions ◽  
Subjective Element ◽  
Injured Party ◽  
The Law ◽  
Article 50 ◽  
Administrative Sanctions

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.

scholarly journals Prêts commerciaux à taux préférentiel

2005 ◽  
Vol 28 (4) ◽  
pp. 963-997
Author(s):  
Louis Payette
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Base Rate ◽  
Variable Rate ◽  
Contractual Arrangement ◽  
Judicial Decisions ◽  
Frequent Use ◽  
Prime Rate ◽  
Lending Institutions ◽  
The Impact

References to the "Prime Rate" or to the "Base Rate" of lending institutions are of frequent use in commercial loan agreements relating to the interest payable by the borrower. The concept of "Prime Rate" as a valid contractual arrangement has been challenged on the grounds of vagueness or on the basis that discretionary rights were given to one party, the lender ; the scope of its meaning as well as the extent of the duties of a lender lending at prime rate has been reviewed by various judicial decisions. The author reviews such decisions, Canadian, American, and French, and measures the impact of various requirements of the Civil Code, the Interest Act, the Bills of Exchange Act, the Code of Civil Procedure on agreements whereby the variable rate of interest payable by the borrower is related to "Prime Rate".

scholarly journals KARA UMOWNA - KOMPENSACJA CZY REPRESJA?

2017 ◽  
Vol 3 (2) ◽  
pp. 179
Author(s):  
Elżbieta Skowrońska-Bocian
Keyword(s):  
Civil Code ◽  
The Other ◽  
Judicial Decisions

Contractual Indemnity - Compensation or Reprisal?SummaryA contractual indemnity has been regulated in article 483 and 484 of the Civil Code. Parties may decide that a damage resulting from non-performance or improper performance of a non-pecuniary obligation shall be redressed in such a way that a debtor shall pay a creditor a specified amount, even if its extent differs from an extent of a damage incurred by a creditor.There is a discrepancy between the doctrine and judicial decisions as to the possibility of claiming a contractual indemnity by a creditor who did not incur a damage as a result of non-performance or improper performance of an obligation. Those in favour of an opinion according to which a creditor may claim a contractual indemnity even if he did not incur a damage stress its repressive character. The supporters of a notion that a damage on the side of a creditor constitutes a prerequisite for a claim to pay a contractual indemnity invoke the substance of the article 483 § 1 of the Civil Code. Pursuant to the provision the aim of a contractual indemnity is to redress a damage resulting from non-performance or improper performance of an obligation.The author of this study takes a position that a creditor is entitled to a contractual indemnity only if he sustained a damage as a result of non-performance or improper performance of an obligation. It is indicated in the substance of articles 483 § 1 and 484 § 1 of the Civil Code. Such an interpretation neither impairs a protection of an interest of a creditor nor excludes the repressive function of a contractual indemnity. The other interpretation, shaped many years ago, is no longer up-to-date due to socio-economic and legal changes effected in Poland after 1989.Notwithstanding, within the confines of a binding principle of liberty of contract (article 3 5 3 1 of the Civil Code), a contractual clause is admissible, according to which a debtor obligates himself to pay a specified amount in the event of non-performance or improper performance of an obligation, also if a creditor does not sustain any damage. However, such a clause does not constitute a contractual indemnity in the light of the article 483 § 1 of the Civil Code. It is a clause of a guarantee character. A contractual provision is also admissible, according to which a creditor, in the event of non-performance or improper performance of an obligation, may claim from debtor an amount specified in an agreement, beside an indemnity on general principles. 

Medical Liability in the Light of New Hungarian Civil Code

2015 ◽  
Vol 10 (1) ◽  
pp. 107-114
Author(s):  
Tímea Barzó
Keyword(s):  
Medical Malpractice ◽  
Civil Law ◽  
Civil Code ◽  
Medical Liability ◽  
Judicial Decisions

AbstractThe number of medical malpractice lawsuits filed each year in Hungary has considerably increased since the change of regime. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades.

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