scholarly journals Civil Liability of Subordinate State Officials under the Federal Civil Rights Acts and the Doctrine of Official Immunity

1956 ◽  
Vol 44 (5) ◽  
pp. 887
Author(s):  
Joe J. Yasaki
Keyword(s):  
Civil Rights ◽  
Civil Liability

scholarly journals PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY

2021 ◽  
pp. 141-146
Author(s):  
O. Zozulyak ◽  
Y. Paruta
Keyword(s):  
Artificial Intelligence ◽  
Civil Rights ◽  
Scientific Community ◽  
Autonomous Robots ◽  
Civil Law ◽  
Limited Liability ◽  
Civil Liability ◽  
Scientific Article ◽  
Simultaneous Application ◽  
Definition Of

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract. The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations.  It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault. The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed. It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.

scholarly journals Civil liability in pharmacy

2021 ◽  
Vol 14 (2) ◽  
pp. 251-258
Author(s):  
O. H. Aleksieiev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Liability ◽  
Legal Liability ◽  
Healthcare Sector ◽  
Contractual Relationship ◽  
Theoretical Approaches ◽  
Correct Determination ◽  
Constitutional Right

The aim to characterize civil liability as a component of legal liability in pharmacy. Materials and methods. During the research, the methods of analysis, synthesis, and legal comparison were used. National civil legislation, as well as general theoretical approaches and points of view to the issues of civil liability in the pharmaceutical healthcare sector were used as research material. Results. The sphere of circulation of medicines is a multifaceted complex of legal relations regulated by the norms of various branches of law. At the same time, their generalizing feature is the focus on providing the population with affordable, safe and high-quality medicines. Establishing the rights of citizens at the legislative level, the legislator always necessarily provides for mechanisms of protection against violation of these rights. One of the most effective mechanisms is legal liability. Since the above citizens' rights are civil rights, it seems relevant to investigate the essence and content of civil liability in the pharmaceutical healthcare sector. Pacta sunt servanda is a principle of international law, according to which treaties are binding and must be executed in good faith. Unlike contractual liability, delict liability occurs in cases where the violator does not have a contractual relationship with the offended party. Conclusions. Civil liability is one of the most effective measures to ensure the constitutional right of citizens to accessible. safe and quality medicines. Determination of the legal status of a pharmaceutical worker as one of the central figures in healthcare is necessary for the correct determination of the type of civil liability

scholarly journals Civil Liability of Employers against Workers

2017 ◽  
Vol 10 (3) ◽  
pp. 151
Author(s):  
Keyvan Daryabeigi Balvardi
Keyword(s):  
Civil Rights ◽  
Common Law ◽  
Civil Liability ◽  
Risk Theory ◽  
Legal Opinions ◽  
The Law ◽  
Intellectual Foundations ◽  
Derivatives Of ◽  
Legal Opinion

The aim of this study was to determine civil liability arising from the exercise of employee and employer. The terms of realization of civil liability include the general and specific conditions and of important theories about civil liability of employers against workers is the risk and fault theory. The popular legal opinion is that employer's liability is based on the fault assumption which refers to a fault-based liability where the fault is assumed and doesn’t need proof. But it seems the base of sum of the employer's liability is sum and integration of risk theories and the fault assumption because in the fault assumption we see the individual’s assumed liability that he/she can proofing lack of fault or failure come out from liability burden. Despite the respect for civil rights doctrine, in the opinion of the writer (author) perhaps we can’t present a recorded and definite basis for employer's liability, as most lawyers believe. So what is in the law is the collective result of the integration fault assumption and derivatives of risk theory. In this study, conducted using descriptive – analytical, to identify the various intellectual foundations on raised issue, the Legal Opinions, law of common law and Romano-Germanic in this article are referred to different approaches on the issue ahead be explained.

Payment of forfeit as a legal consequence of the breach of obligations by the parties under the vehicle hire agreement

2021 ◽  
Author(s):  
Maxym Tyndyk
Keyword(s):  
Civil Rights ◽  
Basic Research ◽  
Civil Liability ◽  
Legal Regulation ◽  
Main Body ◽  
General Study ◽  
Legal Obligations ◽  
Legal Consequence ◽  
Contractual Obligations ◽  
Legal Consequences

Problem setting. One of the legal consequences of the breach of obligations (including vehicle hire agreement) is payment of forfeit is both a way to enforce commitments and extent of civil liability and civil rights remedy Despite the fact that a significant amount of research has been devoted to the study of forfeit, the legislation governing the issue of forfeit in relation to vehicle hiring is imperfect and needs to be amended accordingly. Analysis of resent researches and publications. The issue of payment of forfeit as a legal consequence of a breach of contractual obligations has been studied by legal scholars in various respects. Basic research in this area has been conducted by A. Karapetov, K. Hrave, O. Ioffe, N. Maliein, V. Raikher, M.Brahinskyi, V.Vitrianskyi, R.Stefanchuk, O. Otradnova, I. Puchkovska, N. Raskazova, and others. At the same time, the issue of forfeit application as a result of violation of legal obligations under the vehicle hire contract was given insufficient attention, and thus the matter is urgent and requires further investigation. Target of research. The purpose of this paper is a general study and analysis of forfeit as a legal consequence of breach of obligations by the parties under the vehicle hire agreement. Article’s main body. The article provides general study and analysis of forfeit as a result of violation of obligations under the vehicle hire contract, as well as the grounds for its establishment. The provision is substantiated that at the stage of normal course of the obligation under the vehicle hire agreement forfeit performs only a security function, and it becomes the extent of civil liability only after the breach of the obligation by one of the parties whose obligation was secured by forfeit. The shortcomings of the current legislation dealing with the issue of legal regulation of forfeit, which is applied in case of breach of their obligations by the parties under the vehicle hire agreement, have been identified. Conclusions and prospects for the development. Forfeit, established by Part 2 of Article 785 of the Civil Code of Ukraine for delay by the lessee of the obligation to return the vehicle to the lessor in the amount of double payment for the use of the thing during the delay is essentially a fine, as calculated from the amount of unfulfilled or improperly fulfilled obligation – fees for the possibility of using the vehicle for the relevant period (hire fees). When deciding which type of forfeit to establish in the contract (fine or penalty), the parties to the vehicle hire contract should proceed from the fact that the type of forfeit applied should correspond to the essence of the obligation for violation of which it is established.

scholarly journals The state of Ukraine as a subject of civil liability for losses caused to entrepreneurs during the Ukrainian Anti-Terrorist Operation/Joint Forces Operation (analysis of current legislation and practice)

Legal Ukraine ◽  
2020 ◽  
pp. 6-14
Author(s):  
Volodymyr Olshanchenko
Keyword(s):  
Civil Rights ◽  
Civil Liability ◽  
Civil Code ◽  
The State ◽  
Practical Implementation ◽  
Public Authorities ◽  
Operation Analysis ◽  
Relevant Today ◽  
Joint Forces ◽  
Compensation For Damage

In order to repel external aggression and stabilize the economic and socio-political situation in the country in 2014, the legal regime of the anti-terrorist operation (ATO) was enacted. Subsequently, the Anti-Terrorist Operation in Eastern Ukraine in April 2018 was renamed the Expanded Anti-Terrorist Operation within the Joint Forces (JFO) Operation. The issue of the responsibility of Ukraine for the damage caused to businesses by public authorities or their officials during the ATO/JFO has become relevant. Today in this above mentioned area there are serious deficiencies of the regulatory and legal support, as well as practical implementation, which complicates the mechanisms of compensation to entrepreneurs affected by the ATO/JFO. The paper shows the results of research on the compensation for damage caused to entrepreneurs by the state of Ukraine during the hostilities and/or other measures related to the law enforcement, as well as the defense of subjective civil rights of the participants in civil relations. The provisions of articles 1166 and 1167 of the Civil Code of Ukraine are analyzed in determination of grounds for liability and other provisions of paragraph 1, chapter 82 of the Civil Code of Ukraine depending on the circumstances under which the damage was caused. The civil liability of military servants during the service and combat missions is discussed and considered. It is proved that the structural subdivision of the Military Forces of Ukraine is responsible for causing damages during the service and combat missions. The particular attention is paid to the consideration of the practice of application of the current legislation of Ukraine in the area of compensation for damage caused by Ukraine to entrepreneurs. As a result of the study, the following conclusions were made. Under present conditions, the responsibility of Ukraine for damage caused to entrepreneurs by the delict of public authorities or their officials remains clearly unresolved at the regulatory level. The need to supplement the articles 1173 and 1174 of the Civil Code of Ukraine by the provision that clearly defines that the damage is reimbursed by the state of Ukraine is claimed. Key words: rights, guarantee, legal liability, institute of responsibility, reparation, state.

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