scholarly journals The concept of builder and its liability for the quality of the construction works in lithuanian construction law

2016 ◽  
Author(s):  
Renata Cibulskienė ◽  
Sigitas Mitkus
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Construction Process ◽  
The Law ◽  
Construction Law ◽  
Late Performance ◽  
Construction Works

A construction process, from the issue of a document allowing construction to signing a transfer- acceptance deed, involves a number of entities for which the law provides for different rights and duties. One of such entities is a builder (customer). The article discusses issues related with the establishment of the builder’s duties during the construction process and application of liability for failure to perform them or improper performance thereof. The concept of the builder (customer) is disclosed, and the builder’s civil liability for incompliance of construction works with the laws or provisions of the works contract, as well as late performance of construction works are analysed. It is analysed how to identify correctly a builder as one of the main entities of construction and to separate him from other participants of the construction process, such as head of construction or construction technical supervisor. The builder’s duties are analysed which improper performance has an effect on the quality of works carried out by the contractor, also issues raised in the Lithuanian case-law are discussed.

scholarly journals The concept of proper quality of construction works in lithuanian construction law

2016 ◽  
Author(s):  
Sigitas Mitkus
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Quality Requirements ◽  
Standard Quality ◽  
The Law ◽  
The Republic ◽  
Construction Law ◽  
Construction Works

The article analyses the concept of proper quality of construction works in law of the Republic of Lithuania. The analysis covers the quality requirements laid down in the Law on Construction, the Civil Code and case law. The article also defines and analyses the main categories used in Lithuanian law to characterise the quality of construction works, in particular, compliance with the standard quality of a construction works, compliance with the quality requirements set in contract documents, compliance with the requirements ordinarily presented for work of the respective nature, and fitness for use in accordance with its designation within the limits of a reasonable period.

scholarly journals Wpływ uczestników procesu inwestycyjno-budowlanego na jego jakość

2018 ◽  
Vol 27 (3) ◽  
pp. 377-386
Author(s):  
Jarosław Górecki ◽  
Jadwiga Bizon-Górecka ◽  
Przemysław Nadolny
Keyword(s):  
Construction Industry ◽  
Construction Projects ◽  
Technical Specification ◽  
Legal Regulations ◽  
Construction Process ◽  
Construction Companies ◽  
Construction Law ◽  
Construction Works

The article indicates that a role and tasks of particular participants of construction projects vary depending on the phase of construction production. The influence of individual entities on the quality of construction production is also diversified. The results of the questionnaire survey conducted among 64 employees of construction companies involved in the implementation of construction projects were presented. They show the opinions of respondents representing the construction industry about a role of participants of the construction process in maintaining the proper quality of construction works. Their impact on the compliance of construction processes with applicable legal regulations was emphasized. The declarations may cover PN/EN standards, Polish construction law, technical specification of performance and acceptance of construction works and other formal and legal requirements and construction production standards.

scholarly journals STATINIAI KAIP TEISINIŲ STATYBOS SANTYKIŲ OBJEKTAI

Teisė ◽  
2013 ◽  
Vol 86 ◽  
pp. 57-70 ◽  
Author(s):  
S. Mitkus
Keyword(s):  
Case Law ◽  
Comparative Perspective ◽  
Construction Law ◽  
Construction Works

Straipsnio tyrimo objektas – statybos teisės pokyčiai, susiję su statinio definicija ir statinių klasifikacija. Straipsnyje nagrinėjami statybos teisės pokyčiai po naujos Statybos įstatymo redakcijos įsigaliojimo 2010 m. spalio 1 d. Statybos teisės pokyčiai nagrinėjami lyginamuoju aspektu, aptariama ir įvertinama teismų praktika šiais klausimais.The object of the article – construction law changes related to the definition and classification of construction works. The paper analyzes the construction law changes after the entry into force of the new Law on Construction version 2010, October 1. Construction law changes examined the comparative perspective, discussed and evaluated the case-law on these issues.

L'etica del diritto č la tolleranza

2009 ◽  
pp. 67-99
Author(s):  
Gustavo Visentini
Keyword(s):  
Case Law ◽  
Moral Principle ◽  
Legislative Process ◽  
Judicial Process ◽  
Rational Use ◽  
The Absolute ◽  
The Law

- In the pluralism of values, tolerance is the absolute moral principle which grounds its technique for cohabitation upon rationalism. The law is the technique for the rational use of authority, while the technique of the law lies in the rationality of statute law and of case law. The quality of the legislative process and of the judicial process envisages the ethical intensity of the law: the ethics of the law lies in its techniques. The faults in legislative and judicial techniques explain Italian law's ethical weakness. The irrational use of authority is not law, but is in fact no more than the wielding of strength

scholarly journals Vicarious Liability in Groups of Companies and in Supply Chains - Is Competition Law Leading the Way?

2020 ◽  
Vol 3 (2) ◽  
pp. 107-129
Author(s):  
Vibe Ulfbeck
Keyword(s):  
Supply Chain ◽  
Competition Law ◽  
Civil Liability ◽  
Case Law ◽  
Parent Company ◽  
Recent Case ◽  
Environmental Damage ◽  
Vicarious Liability ◽  
The Law ◽  
Parent Companies

The article discusses the concept of vicarious liability in the area of competition law. It argues that this concept is to some extent embedded in the concept of the undertaking under competition law with the consequence that parent companies – under certain conditions – can be held liable for competition law infringements committed by subsidiaries. The liability can be termed “vicarious” because it is imposed regardless of whether the parent company was involved in or ought to have had any knowledge of the competition law infringements committed by the subsidiary. Whereas such liability has until recently only been imposed for administrative fines, the Skanska decision changes this. Following this decision it must be assumed that parent companies can also be held vicariously liable for civil liability incurred by a subsidiary. It is pointed out that it is a separate question whether the Akzo-presumption rule, established with regard to the imposition of fines for competition law infringements, can also be applied in a pure civil liability case concerning parental liability. Next, the article discusses whether the results reached in the area of competition law can be transferred to other areas of the law. In this regard, the article analyses recent case law with regard to parental liability for workers’ injuries and environmental damage and compares these areas of the law to competition law. Finally, the article discusses whether the concept of the undertaking can be extended to apply also in situations where companies are not tied by ownership but by contract. In this regard the article focuses on the (possibly) emerging concept of supply chain liability.

scholarly journals Under Construction: A Close Examination of Recent Construction Law Developments and Their Impact on the Oil and Gas Industry

2019 ◽  
pp. 411
Author(s):  
Kevin E. Barr ◽  
Theron W. Davis
Keyword(s):  
Critical Analysis ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Case Law ◽  
Gas Industry ◽  
Related Case ◽  
The Law ◽  
Construction Law ◽  
Under Construction ◽  
Oil And Gas Sector

This article surveys recent construction-related case law pertaining to the oil and gas sector, and examines how these decisions impact the law of bonding, tendering, liens, and arbitration. The authors review jurisprudence, legislation, and contractual language in these areas, and provide a critical analysis of the law in order to suggest improvements and anticipate future innovations. The authors also provide practical advice regarding mechanisms that owners, contractors, and subcontractors can employ to protect themselves from risks and uncertainties in contemporary construction law, with a view to avoiding disputes and if necessary, resolving them. This article serves both as an illustration of the structure of contemporary construction law as-built, and as a blueprint for those aspects of the law that are still under construction.

Development and Application of Quality Control System for Highway Subgrade Construction

2019 ◽  
Vol 2 (5) ◽  
Author(s):  
Tong Wang
Keyword(s):  
Quality Control ◽  
Real Time ◽  
Detection Method ◽  
System Development ◽  
Effective Control ◽  
Construction Process ◽  
Development Mode ◽  
The Road ◽  
Whole Process

The compaction quality of the subgrade is directly related to the service life of the road. Effective control of the subgrade construction process is the key to ensuring the compaction quality of the subgrade. Therefore, real-time, comprehensive, rapid and accurate prediction of construction compaction quality through informatization detection method is an important guarantee for speeding up construction progress and ensuring subgrade compaction quality. Based on the function of the system, this paper puts forward the principle of system development and the development mode used in system development, and displays the development system in real-time to achieve the whole process control of subgrade construction quality.

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

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