New Tasks of the Insurance Guarantee Fund Imposed by the Act on the Special Rights of Injured Persons in the Event of Exhaustion of the Guarantee Sum

2020 ◽  
Vol 1 (102) ◽  
pp. 48-61
Author(s):  
Iwona Kaja ◽  
Anna Wawrzeniecka ◽  
Zdzisława Cwalińska - Weychert
Keyword(s):  
Present Article ◽  
Motor Vehicles ◽  
Pension Benefit ◽  
Insurance Contracts ◽  
Judicial Decisions ◽  
Depth Analysis ◽  
The Law ◽  
Pension Benefits ◽  
Special Rights ◽  
Made In

The present article discusses the genesis and development of the law introducing a new special pension benefit for the victims after the guarantee amount has been exhausted in the insurance contracts against liability of the users of motor vehicles and liability of farmers, under which the victims have received their pension benefits so far. Moreover, the new tasks of the Insurance Guarantee Fund defined by this act have been presented. In addition, an in-depth analysis of the new regulation has been carried out, examining both the circle of persons entitled to apply for new benefits and the conditions to be met while making claims, as well as the rules for their consideration by the Insurance Guarantee Fund and the extent of the newly constituted special benefits to which the victims are entitled. The article also examines the correlations between the new law and the existing legislation regulating the principles, mode and form of claims settlement by insurers under motor or farmers’ liability contracts. The favourable trend has been taken into account of the Supreme Court's judicial decisions towards the victims, when considering claims made in connection with the depletion or complete exhaustion of the guarantee sum. Finally, the last part of the article is devoted to the conclusions resulting from the IGF's experience in handling claims for special benefits in cases submitted to the Fund by insurance undertakings in the first months since the adoption of a new regulation. The gained experience has led to several comments and proposals for insurers, being the main partners of victims while lodging claims with the Fund.

Changing Concepts and the Doctrine of Incorporation

1932 ◽  
Vol 26 (2) ◽  
pp. 239-260 ◽  
Author(s):  
Edwin D. Dickinson
Keyword(s):  
Judicial Decisions ◽  
Law Of Nations ◽  
The Law ◽  
Made In ◽  
International Incidents

The student or practitioner whose interest is primarily in the interpretation and application of the law of nations is often prone to dismiss fundamental concepts as a matter of mere theoretical importance. This is a serious mistake. No one is capable of understanding the interpretations and applications of the law of nations which have been made in judicial decisions, national and international, in arbitrations, and in international incidents, unless he has some knowledge of the fundamental concepts of the science and of the conditions under which those concepts have developed. Concepts, in truth, are as much a part of the fabric of international jurisprudence as the intricate and confused records of international conduct. If they are no longer its warp and woof, they provide at least the necessary patterns.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

scholarly journals Study and Analysis of Interference Signals of the LTE System of the GNSS Receiver

Sensors ◽  
2021 ◽  
Vol 21 (14) ◽  
pp. 4901
Author(s):  
Lucjan Setlak ◽  
Rafał Kowalik
Keyword(s):  
End User ◽  
Current Time ◽  
Gnss Receiver ◽  
System A ◽  
Telecommunication Systems ◽  
Depth Analysis ◽  
Gnss Receivers ◽  
Interference Signals ◽  
The Subject ◽  
Made In

Sometimes, it is impossible to conduct tests with the use of the GNSS system, or the obtained results of the measurements made differ significantly from the predicted accuracy. The most common cause of the problems (external factors, faulty results) are interference disturbances from other radio telecommunication systems. The subject of this paper is to conduct research, the essence of which is an in-depth analysis in the field of elimination of LTE interference signals of the GNSS receiver, that is based on the developed effective methods on counteracting the phenomenon of interference signals coming from this system and transmitted on the same frequency. Interference signals are signals transmitted in the GNSS operating band, and unwanted signals may cause incorrect processing of the information provided to the end-user about his position, speed, and current time. This article presents methods of identifying and detecting interference signals, with particular emphasis on methods based on spatial processing of signals transmitted by the LTE system. A comparative analysis of the methods of detecting an unwanted signal was made in terms of their effectiveness and complexity of their implementation. Moreover, the concept of a new comprehensive anti-interference solution was proposed. It includes, among others, information on the various stages of GNSS signal processing in the proposed system, in relation to the algorithms used in traditional GNSS receivers. The final part of the article presents the obtained research results and the resulting significant observations and practical conclusions.

SURGICAL PROCESS RE-ENGINEERING: CARPAL TUNNEL DECOMPRESSION — A MODEL

Hand Surgery ◽  
2004 ◽  
Vol 09 (01) ◽  
pp. 19-27 ◽  
Author(s):  
J. A. Casaletto ◽  
V. Rajaratnam
Keyword(s):  
Carpal Tunnel ◽  
Carpal Tunnel Release ◽  
Procedure Time ◽  
Original Process ◽  
Depth Analysis ◽  
New Process ◽  
Common Operation ◽  
The Mean ◽  
Operative Findings ◽  
Made In

Surgical process re-engineering is a methodology where the entire surgical process is systematically analysed and re-designed. The process starts with mapping of the current process followed by in-depth analysis of the existing process. A new process is drafted with the aim of making the whole procedure more efficient. The new process is then discussed with all the staff involved in the operating room. Following implementation of the process, surgical process re-engineering should ideally be routinely carried out to continuously improve the procedure. We present an example of surgical process re-engineering which we carried out on the procedure of carpal tunnel release. We used carpal tunnel release as a model as it is a very common operation, with predictable intra-operative findings, and the patient is likely to benefit directly from procedure time reduction. A preliminary mapping of three procedures was done followed by a detailed timed mapping of five routine carpal tunnel decompression procedures. The mapped process was analysed in detail and a number of changes were made in the process. After implementing the new process, a further five procedures were mapped and timed again. In comparison to the original process, we achieved a reduction of 20% in the mean procedure time and a reduction of 42% in the number of steps from 66 to 37.

Multi-criteria Decision-making Applications Based on Set Valued Generalized Neutrosophic Quadruple Sets for Law

2021 ◽  
pp. 41-60
Author(s):  
Necmiye Merve Sahin ◽  
◽  
◽  
Merve Sena Uz
Keyword(s):  
Decision Making ◽  
Similarity Measure ◽  
Point Of View ◽  
Multi Criteria Decision Making ◽  
Legal Decisions ◽  
The Law ◽  
Made In

In this article, an algorithm has been introduced that enables judges to see the decisions that should be made in a way that is closest to the conscience and the law, without transferring the cases to the higher authorities, without anyone objecting to their decisions. This algorithm has been introduced depending on the generalized set-valued neutrosophic quadruple numbers and the Euclidean similarity measure in sets, what the decision is made by considering all the situations, regardless of which case the defendants come before the judge, how similar these decisions are to the legal decisions that should be made. In this way, we can easily see the decisions given to the accused in all kinds of cases, and we can arrange the decisions according to the similarity value. The closer the similarity value is to 1, the more correct the judge's decision from a legal point of view.

Normative propositions of the International Tribunal for the Law of the Sea

2021 ◽  
Vol 11 (3) ◽  
pp. 3-18
Author(s):  
Roman Kolodkin
Keyword(s):  
International Law ◽  
Legal Reasoning ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Legal Norms ◽  
Judicial Decisions ◽  
The Law ◽  
Obiter Dictum ◽  
International Law Commission ◽  
Advisory Opinions

Normative propositions of the international courts, including these of the International Tribunal for the Law of the Sea, are considered in the paper as provisions in the judicial decisions and advisory opinions, spelling out, formulating or describing international law norms, prescriptions, prohibitions or authorizations, which are applicable, in the court’s view, in the case at hand and the similar cases. Such a proposition is considered to be a description of a legal norm, its spelling out by a court, but not a norm or its source. In contrast with legal norms, judicial normative propositions are descriptive, not prescriptive; they may be true or wrong. Normative propositions are not transformed into norms solely by their repetition in judicial decisions. The author considers not only ITLOS decisions but also the Tribunal’s and its Seabed disputes chamber advisory opinions containing normative propositions to be subsidiary means for the determination of the rules of law under article 38(1(d)) of the International Court of Justice Statute. The legal reasoning of the Tribunal’s decision, not its operative provisions, usually features normative propositions. While strictly speaking, the decision addresses the parties of the dispute, normative propositions in the reasoning are in fact enacted by the Tribunal urbi et orbi aiming at all relevant actors, ITLOS including. They bear upon substantive and procedural issues, rights and obligations of relevant actors; they may also define legal notions. The Tribunal provides them as part of its reasoning or as obiter dictum. It is those provisions of the Tribunal’s decisions that are of particular importance for international law through detailing treaty- and verbalizing customary rules. However, the States that have the final and decisive say confirming or non-confirming the content and binding nature of the rules spelt out or described by the Tribunal in its normative propositions. Meanwhile, States are not in a hurry to publicly react to the judicial normative propositions, particularly to those of ITLOS, though they refer to them in pleadings or when commenting on the International Law Commission drafts. At times, States concerned argue that international judicial decisions are not binding for third parties. While the States are predominantly silent, ITLOS reiterates, develops and consolidates normative propositions, and they begin to be perceived as law. The paper also points to the possibility of the Tribunal’s normative propositions being not correct and to the role of the judges’ dissenting and separate opinions in identifying such propositions.

Transforming the Law on Psychiatric Lesions

2021 ◽  
Vol 2021 (2) ◽  
pp. 253-271
Author(s):  
Emile Zitzke
Keyword(s):  
Supreme Court ◽  
Expert Witnesses ◽  
The Supreme Court ◽  
Psychological Harm ◽  
The Law ◽  
Constitutional Right ◽  
Law Of Delict ◽  
Court Of Appeal ◽  
Made In

In this article, I trace the development in the law of delict of recognising general damages claims on account of psychiatric lesions with the aim of making suggestions on how to transform it. Using the tragic case of Michael Komape as a springboard for the discussion, I argue that even though the Supreme Court of Appeal has recently brought clarity on the law on psychiatric lesions, more transformative work still needs to be done. More specifically, this article contends that the constitutional right to bodily and psychological integrity might require us to rethink the high evidentiary threshold that courts have set for proving the element of harm in cases related to psychiatric lesions. I argue that this can be done in at least three ways: First, by very cautiously bringing about a development that would involve protecting victims of psychological harm whose expert witnesses are shown to be inadequate despite all other facts indicating the existence of a psychiatric lesion. Secondly, by lowering the requirement of “recognised psychiatric lesion” to “grievous mental injury”, in line with similar arguments made in England. Thirdly, and most controversially, by acknowledging that perhaps the time has come for our law to recognise claims for so-called “grief in the air”.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

scholarly journals Hvem var opænbarligh gen guth i Jyske Lovs Fortale? Et studie i Lovbogens teksthistorie

2016 ◽  
Vol 52 ◽  
Author(s):  
Michael H. Gelting
Keyword(s):  
Fifteenth Century ◽  
Canon Law ◽  
Original Text ◽  
Standard Text ◽  
History Of ◽  
The Will ◽  
The Law ◽  
Further Development ◽  
Political Realities ◽  
Made In

One sentence in the Prologue of the Law of Jutland (1241) has caused much scholarlydiscussion since the nineteenth century. Did it say that “the law which the king givesand the land adopts, he [i.e. the king] may not change or abolish without the consentof the land, unless he [i.e. the king] is manifestly contrary to God” – or “unless it [i.e.the law] is manifestly contrary to God”? In this article it is argued that scholarly conjectures about the original sense of the text at this point have paid insufficient attentionto the textual history of the law-book.On the basis of Per Andersen’s recent study of the early manuscripts of the Lawof Jutland, it is shown that the two earliest surviving manuscripts both have a readingthat leaves little doubt that the original text stated that the king could not change thelaw without the consent of the land unless the law was manifestly contrary to God. Theequivocal reading that has caused the scholarly controversy was introduced by a conservativerevision of the law-book (known as the AB text), which is likely to have originatedin the aftermath of the great charter of 1282, which sealed the defeat of the jurisdictionalpretensions of King Erik V. A more radical reading, leaving no doubt that the kingwould be acting contrary to God in changing the law without consent, occurs in an earlyfourteenth-century manuscript and sporadically throughout the fifteenth century, butit never became the generally accepted text. On the contrary, an official revision of thelaw-book (the I text), probably from the first decade of the fourteenth century, sought toeliminate the ambiguity by adding “and he may still not do it against the will of the land”,thus making it clear that it was the law that might be contrary to God.Due to the collapse of the Danish monarchy in the second quarter of the fourteenthcentury, the I text never superseded the AB text. The two versions coexistedthroughout the fourteenth and fifteenth centuries and soon produced a number ofhybrid versions. One of these gained particular importance, since it was the text thatwas used for the first printed editions of the Law of Jutland in 1504 and 1508. Thus itbecame the standard text of the law-book in the sixteenth century. The early printededitions also included the medieval Latin translation of the Law of Jutland and theLatin glosses to the text. The glosses are known to be the work of Knud Mikkelsen,bishop of Viborg from 1451 to 1478. Based on a close comparison of the three texts, itis argued here that Bishop Knud was also the author of the revised Danish and Latintexts of the law-book that are included in the early printed editions, and that the wholework was probably finished in or shortly after 1466. Bishop Knud included the I text’saddition to the sentence about the king’s legislative powers.An effort to distribute Bishop Knud’s work as a new authoritative text seems tohave been made in 1488, but rather than replacing the earlier versions of the Lawof Jutland, this effort appears to have triggered a spate of new versions of the medievaltext, each of them based upon critical collation of several different manuscripts.In some of these new versions, a further development in the sentence on the king’slegislative power brought the sentence in line with the political realities of the late fifteenthcentury. Instead of having “he” [i.e. the king] as the agent of legal change, theyattribute the initiative to the indefinite personal pronoun man: at the time, any suchinitiative would require the agreement of the Council of the Realm.Only the printing press brought this phase of creative confusion to an end in theearly sixteenth century.Finally, it is argued that the present article’s interpretation of the original senseof this particular passage in the Prologue is in accordance with the nature of Danishlegislation in the period from c.1170 to the 1240s, when most major legislation happenedin response to papal decretals and changes in canon law.

scholarly journals Israel: Is COVID-19 Expected More Than a War? (The Increase in Customs Value in Israel, Due to the COVID-19 Increase in Transport Prices - The Problem, and the Solution)

2021 ◽  
Vol 5 (11) ◽  
pp. 20-23
Author(s):  
Omer Wagner ◽  
Keyword(s):  
The State ◽  
Transportation Costs ◽  
The Past ◽  
The Law ◽  
Made In

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.

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