scholarly journals Terms of Origin of Liabilities on Compensation for Moral Damage

2019 ◽  
pp. 70-80
Author(s):  
Oleksandr BUKHANEVYCH
Keyword(s):  
Initial Conditions ◽  
Causal Relation ◽  
Damage Effect ◽  
Property Damage ◽  
Emotional Suffering ◽  
Personal Rights ◽  
Moral Damage ◽  
Property Losses ◽  
The Individual ◽  
Unlawful Conduct

The article investigates the terms of origin of liabilities on compensation for moral damage and development of proposals and recommendations on this issue. It is indicated that the basis of compensation for moral damage is the general tort envisaged in Art. 1167 of the Civil Code of Ukraine “Bases of responsibility for the incurred moral damage”; the initial conditions are availability of moral damage, unlawful conduct of the person who has inflicted the damage, the availability of relations between cause and effect, guilt. The signs of moral damages include the following: self-harm which can be inflicted either with or without property damage; non-property damage, as non-property sphere of physical person suffers i.e. mental health; the damage which may occur due to violation of property or non-property personal rights; the damage which is a derivative of property damage and is initial in case of humiliation of honour, dignity and business reputation; the damage which is manifested through the emotional suffering of an individual; the moral damage generated only due to significant emotional suffering of the individual but not due to any excitement or a common nuisance and it cannot cause a significant impact on the life, activity and human conduct; a property nature of compensation for moral damage. The availability of moral damage is a compulsory condition of liabilities on compensation of moral damage. Thus, it is necessary to apply the presumption of moral damage in case of violation of all personal non-property rights and the benefits of an individual. It is reasonable that compensation of moral damages should always have a property character, because it is an independent event of civil liability, which should spawn an occurrence for offender of additional property losses. It is noted that the task of any moral damage can be unlawful in case either the norm of civil law or the personal non-property right of an individual is violated and if the person who has inflicted the damage, was not authorized to do it. The unlawful nature and the forms of unlawful conduct of the person who has inflicted the moral damage (action, inaction, decisions) depend on the types of violations. It is pointed out that establishment of causal relation as unlawful violation of the civil right of a person (cause) and the onset of moral damage (effect) allows clarifying: 1) the availability of a civil offence; 2) the subject of liability; 3) the amount of compensation for moral damages. The initial principle of compensation for moral damage is the guilt of the person who has inflicted the moral damage, which means subjective expression of the person's attitude to his unlawful acts and their consequences. In some cases it is necessary to find out the form of guilt of the person who has inflicted the moral damage in order to make him liable for such damages.

scholarly journals Issues of Protection of Personal Rights After the Death of the Victim in Civil Law

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 124-144
Keyword(s):  
Human Rights ◽  
Civil Law ◽  
Property Damage ◽  
Personal Rights ◽  
Moral Damage ◽  
The Law ◽  
The Right

The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in violation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegal legal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.

causal relations between asymmetries at the individual level?

2005 ◽  
Vol 28 (4) ◽  
pp. 596-597 ◽  
Author(s):  
rebecca g. deason ◽  
david r. andresen ◽  
chad j. marsolek
Keyword(s):  
Nervous System ◽  
Social Interactions ◽  
Causal Relation ◽  
Causal Relations ◽  
Individual Level ◽  
The Asymmetry ◽  
The Individual

studies with humans have failed to produce evidence that any direct causal relation exists between the asymmetry of one function in an individual and the asymmetry of a different function in that individual. without such evidence, factors external to an individual's nervous system, such as social interactions, may play crucial roles in explaining the directions of all asymmetries at all levels.

scholarly journals Formation sites of Population III star formation: The effects of different levels of rotation and turbulence on the fragmentation behaviour of primordial gas

2020 ◽  
Vol 494 (2) ◽  
pp. 1871-1893 ◽  
Author(s):  
Katharina M J Wollenberg ◽  
Simon C O Glover ◽  
Paul C Clark ◽  
Ralf S Klessen
Keyword(s):  
Star Formation ◽  
Initial Conditions ◽  
Turbulent Energy ◽  
Star Forming ◽  
Wide Range ◽  
Population Iii Stars ◽  
The Individual ◽  
The Masses ◽  
Different Levels ◽  
Population Iii

ABSTRACT We use the moving-mesh code arepo to investigate the effects of different levels of rotation and turbulence on the fragmentation of primordial gas and the formation of Population III stars. We consider nine different combinations of turbulence and rotation and carry out five different realizations of each setup, yielding one of the largest sets of simulations of Population III star formation ever performed. We find that fragmentation in Population III star-forming systems is a highly chaotic process and show that the outcomes of individual realizations of the same initial conditions often vary significantly. However, some general trends are apparent. Increasing the turbulent energy promotes fragmentation, while increasing the rotational energy inhibits fragmentation. Within the ∼1000 yr period that we simulate, runs including turbulence yield flat protostellar mass functions while purely rotational runs show a more top-heavy distribution. The masses of the individual protostars are distributed over a wide range from a few $10^{-3} \, {\rm M_{\odot }}$ to several tens of M⊙. The total mass growth rate of the stellar systems remains high throughout the simulations and depends only weakly on the degree of rotation and turbulence. Mergers between protostars are common, but predictions of the merger fraction are highly sensitive to the criterion used to decide whether two protostars should merge. Previous studies of Population III star formation have often considered only one realization per set of initial conditions. However, our results demonstrate that robust trends can only be reliably identified by considering averages over a larger sample of runs.

A new classification of solvents based on chemometric empirical scale of parameters

1990 ◽  
Vol 55 (3) ◽  
pp. 644-652 ◽  
Author(s):  
Oldřich Pytela
Keyword(s):  
Causal Relation ◽  
Carbon Disulphide ◽  
Dimensional Space ◽  
Three Dimensional ◽  
Solvent Polarity ◽  
Clustering Methods ◽  
Hexamethylphosphoric Triamide ◽  
Centroid Method ◽  
The Individual

The paper presents a classification of 51 solvents based on clustering in three-dimensional space formed by the empirical scale of PAC, PBC, and PPC parameters designed for interpretation of solvent effect on a model with cross-terms. For the classification used are the clustering methods of the nearest neighbour, of the furthest neighbour, of average bond, and the centroid method. As a result, the solvents have been divided into 8 classes denoted as: I - nonpolar-inert solvents (aliphatic hydrocarbons), IIp - nonpolar-polarizable (aromatic hydrocarbons, tetrachloromethane, carbon disulphide), IIb - nonpolar-basic (ethers, triethylamine), IIIp - little polar-polarizable (aliphatic halogen derivatives, substituted benzenes with heteroatom-containing substituents), IIIb - little polar-basic (cyclic ethers, ketones, esters, pyridine), IVa - polar-aprotic (acetanhydride, dialkylamides, acetonitrile, nitromethane, dimethyl sulfoxide, sulfolane), IVp - polar-protic (alcohols, acetic acid), and V - exceptional solvents (water, formamide, glycol, hexamethylphosphoric triamide). The information content of the individual parameters used for the classification has been determined. The classification is based primarily on solvent polarity/acidity (PAC), less on polarity/basicity (PBC), and the least on polarity/polarizability (PPC). Causal relation between chemical structure of solvent and its effect on the process taking place therein has been established.

Organized large structure in the post-transition mixing layer. Part 1. Experimental evidence

2013 ◽  
Vol 737 ◽  
pp. 466-498 ◽  
Author(s):  
A. D’Ovidio ◽  
C. M. Coats
Keyword(s):  
Large Scale ◽  
Linear Growth ◽  
Initial Conditions ◽  
Mixing Layer ◽  
Mixing Layers ◽  
Continuous Linear ◽  
Transition Flow ◽  
Large Structures ◽  
The Individual ◽  
Density Ratios

AbstractNew flow-visualization experiments on mixing layers of various velocity and density ratios are reported. It is shown that, in mixing layers developing from laminar initial conditions, the familiar mechanism of growth by vortex amalgamation is replaced at the mixing transition by a previously unrecognized mechanism in which the spanwise-coherent large structures individually undergo continuous linear growth. In the organized post-transition flow it is this continuous linear growth of the individual structures that produces the self-similar growth of the mixing-layer thickness, with the occasional interactions between neighbouring structures occurring as a consequence of their growth, not its cause. It is also observed that periods during which the post-transition mixing layer comprises orderly processions of large structures alternate with periods during which no large-scale organization is apparent downstream of the transition location. These two fully turbulent flow states are characterized by different growth rates, entrainment ratios and orientations of the mixing layer relative to the free streams. The implications of these findings are discussed.

scholarly journals A New Comprehensive Catalogue of Infrared Dark Clouds

2009 ◽  
Vol 5 (H15) ◽  
pp. 796-796
Author(s):  
G. A. Fuller ◽  
N. Peretto
Keyword(s):  
Star Formation ◽  
Initial Conditions ◽  
Future Studies ◽  
Dark Clouds ◽  
Star Formation Activity ◽  
Extraction Algorithm ◽  
The Galaxy ◽  
The Individual ◽  
Density Image ◽  
Infrared Dark Clouds

AbstractTo better characterise infrared dark clouds (IRDCs), and the star formation within them, a comprehensive catalogue of IRDCs has been constructed from the Spitzer GLIMPSE and MIPSGAL archival data. Mosaicing the individual survey blocks together, we have used a new extraction method to identify dark clouds up to 30′ in size, and produce a column density image of each cloud. In total the catalogue contains over 11,000 clouds, defined as connected regions with 8 micron optical depth > 0.35 (corresponding to column densities < 1022 cm−2). The extraction algorithm also identifies sub-structures (fragments) within each cloud. These Spitzer dark clouds (SDCs) range in mass from 10M⊙ to 104M⊙. About 80% of the SDCs were previously unidentified. Only ~ 30% of the SDCs are associated with 24μm point-like sources, leaving the majority of these clouds with no apparent sign of star formation activity. This new catalogue provides an important new resource for future studies of the initial conditions of star formation in the Galaxy.

scholarly journals Lexical means of realization of emotions of medial man (case study of the epic poem «Kudrun»)

2020 ◽  
Vol 13 (23) ◽  
pp. 200-210
Author(s):  
Natalya Romanova ◽  
Keyword(s):  
Positive Emotions ◽  
External Trade ◽  
Physical Strength ◽  
Emotional Suffering ◽  
Epic Poem ◽  
The People ◽  
Individual Type ◽  
The Rich ◽  
Interrogative Sentence ◽  
The Individual

The article deals with the peculiarities of objectification of the emotions of a medial man in the German heroic epos. The medial man is known to have focused on dual reality, including objective and imaginary. Objective reality includes feudalism, serfdom, colonial policy, internecine wars, the dominance of the church, the struggle between the papacy and the empire, the Crusades in the Middle East, the forcible Christianization of Slavic tribes, social differentiation of the people in the rich and poor, the establishment of towns, the organization of external trade, weak domestic and external policy, etc., the imaginary reality receives a mythopoetic interpretation. Comparing himself with both worlds, a man measures them through his body, activity, space, physical strength, operating on the mythological-religious type of consciousness. Against this background, human emotions are the result of a combination of sociological, religious, economic, political, psychological and cultural factors. The mechanism of their transition is metaphor and metonymy. Three categories of emotions were identified: negative, positive, indefinite. Negative emotions are identical to grief, resentment, hostility, emotional pain, emotional suffering, fear, doubt, anger, positive emotions are equivalent to joy, happiness, satisfaction, pride, affection, surprise, gratitude, love, interest, indefinite emotions are presented through negators, deny hatred, happiness, soul, loneliness, guilt, sadness, anger, disfavor. The activators of these emotions are evolution and attribution. The intensity of emotions is determined by the specifics of upbringing, origin, age, gender, individual psychological properties of the individual (type of temperament), subject / communicative situation. It was found that the lexical means of realization of the lion’s share of emotions appeal to the word, proper name, nickname, and phrase. The emotion of interest can be expressed by an interrogative sentence with or without a question word. On a lexical and grammatical basis, a word is relevant to a noun, adjective, adverb, verb, exclamation, on the structure – these are root and derivative elements. It has been found that the names of emotions of happiness, joy, resentment, grief, contentment, pride, surprise, love, shyness, anger, heartache and indefinite emotions are binary phrases, emotions of cruelty, anger, evil – ternary, respectively.

scholarly journals Interrelationships among Growth, Confidence and Governance in the Globalized World-An experiment of some selected countries

2014 ◽  
Vol 3 (4) ◽  
pp. 68-83
Author(s):  
Ramesh Das ◽  
Utpal Das
Keyword(s):  
Growth Factors ◽  
Growth Rates ◽  
Stock Prices ◽  
Causal Relation ◽  
Economic Factors ◽  
Debt Ratio ◽  
Individual Country ◽  
Confidence Levels ◽  
The World ◽  
The Individual

The countries in the world in the globalized era have faced heterogeneity in challenges in managing their growth factors as well as the stake holders of such growth profiles. The political and economic turmoil of the last two decades around the world have opened the eyes of the consumers, business houses and the governments of different countries to read and follow the economic events. The paper has tried to study the causal relation and interrelationships among different growth factors like the confidence levels of the consumers and business houses, inflation, unemployment like economic factors and governance like non-economic factors over a selection of 17 countries across all continents for the period 1996-2010. Because of limited sources of data we have applied the pooled regression technique to justify our study. Confidence levels of both the consumers and business houses cause the growth rates whereas governance causes growth only under pooled data. But for individual country data we observe that in majority of the countries there are absences of causalities between the variables. It has been observed that pooled annual growth rates of GDP of the countries are significantly related to the business and consumer confidence indexes, unemployment rate, debt ratio and overall governance indicators that shows improvement over the individual country analysis where in majority of the cases there is no significant factor for growth and confidence. By segregating the entire data the study find a few countries where a few variables like BCI, stock prices and governance make significant impact upon growth rates. In majority of the countries BCI is explained by CCI, Stock prices and governance while CCI is explained by stock prices, governance and debt ratio.

THEORETICAL AND LEGAL FRAMEWORK OF PROCEDURAL GUARANTEES OF PERSONAL RIGHTS IN A CRIMINAL PROCEDURE

2021 ◽  
Vol 6 (9) ◽  
pp. 65-72
Author(s):  
Dildora Bazarova ◽  
Keyword(s):  
Analytical Data ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Public Confidence ◽  
Individual Rights ◽  
Criminal Proceedings ◽  
Legal Reforms ◽  
Personal Rights ◽  
Legitimate Interests ◽  
The Individual

Ensuring reliable protection of the rights, freedoms and legitimate interests of citizens in the judicial system, as well as further strengthening public confidence in justice, the content of legal reforms is to ensure the rights of the individual. Accordingly, this article examines the theoretical and legal foundations of procedural guarantees of individual rights in criminal proceedings on the basis of theoretical and practical analytical data. The article also analyzes the scientific views of scientists on the theoretical aspects of procedural guarantees of individual rights in criminal proceedings.Keywords:law, law, standard, crime, criminal procedure, investigation.

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