Journal articles on the topic 'Liability Terms'
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Natig Mammadova, Nazrin. "THE SCOPE OF SURETY’S LIABILITY AND TYPES OF SURETYSHIP IN TERMS OF LIABILITY." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 305–9. http://dx.doi.org/10.36719/2663-4619/65/305-309.
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Suretyship agreement is one of the ancient personal security devices known from Roman law. This agreement pursues the aim to protect property interests of the creditor. Nowadays, it is especially concluded between the parties in order to ensure the performance of the debt contracts. Taking into account the essence of suretyship contracts in practice, the legal consequences emerging from the default of the main debtor have to be enlightened. That is why, the scope and characteristics of the surety’s liability in respect of joint and subsidiary suretyship are researched in this article. It illustrates the basis of the creditor’s right to resort to the surety, the comparative analysis of legislative norms regulating the types of surety’s liabilities with foreign legal systems. Key words: a basis of surety’s liability, types of suretyship agreement, joint suretyship, subsidiary suretyship, default by the debtor, co-sureties
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Ľorko, Jakub, and Matej Smalík. "Corporate criminal liability in terms of attributability concept." Bratislava Law Review 3, no. 2 (December 31, 2019): 34–46. http://dx.doi.org/10.46282/blr.2019.3.2.144.
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In this paper the authors analyse the introduced model of genuine corporate criminal liability in the Slovak Republic. Genuine corporate criminal liability is described in a more simplified way through the obligatory elements of corporate criminal liability. The authors also focus and conclude on practical reflections about potential excesses in the enforcement of the corporate criminal liability.
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Chalton, Simon. "Product testing: liability, acceptance, contract terms." Computer Law & Security Review 4, no. 5 (January 1989): 23–26. http://dx.doi.org/10.1016/0267-3649(89)90142-8.
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Kovalenko, Inna. "Terms of civil liability: are general theoretic approach." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 53–63. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-5.
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The article is sanctified to the questions of civil liability on the legislation of Ukraine. Taking these theoretical positions for basis, it is possible to assert that the normative founding of legal responsibility envisages the presence of legal norms, that determine possible and necessary behavior of the subject of legal relationships, embargo on certain behavior, and system of approvals and legal binding overs that determine the process of realization of responsibility. It is marked that traditionally a range of problems of responsibility was of interest such fields of law, as civil, administrative, ecological, domestic. Summarizing the above-mentioned in the article, it is possible to establish, that legal responsibility, including civil legal in whatever form she came forward always is direct influence on an offender. The substantial line of responsibility - it so to say perceptible bears by the face of negative consequences of offence in form privations of the personal, organizational or property order, regardless of what her measures will be realized: imprisonment, compensation of harm or something other. It stipulates the orientation of responsibility actually on the face of offender, stipulates penalty, punitive character of legal responsibility keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior. Thus, it costs to consider the composition of civil offence, that includes for itself the presence of the inflicted harm, unlegality of behavior of malefactor, causal connection between behavior of person and harmful result, guilt of malefactor the condition of civil responsibility. Thus, it costs consider that illegal there can be actions that violate the norms of legislation and equitable rights of citizens, and illegal - only those actions that violate the norm of law. Keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior.
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Chun, Se-Hak, and Jeong-Yoo Kim. "Vicarious Liability Under a Strict Liability Rule." Asian Journal of Law and Economics 12, no. 3 (December 1, 2021): 287–97. http://dx.doi.org/10.1515/ajle-2021-0045.
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Abstract In this article, we extend the model of Newman, H., and D. Wright. 1990. “Strict Liability in a Principal-Agent Model.” International Review of Law and Economics 10: 219–231 and strengthens their result that the strict liability can attain social optimum in a principal-agent relation to the situation in which the court appreciates any contractual terms regarding apportionment of damages between an employer and an employee under vicarious liability rule. Our model also generalizes and extends vicarious liability to the negligence-based liability rule.
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PARAMUDHITA, H. Radea Respati, H. Sigid SUSENO, and Lies SULISTIANI. "Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 156. http://dx.doi.org/10.14505//jarle.v11.1(47).19.
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This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.
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Tsintsadze, Asie, and Tamar Gogoberidze. "Risk Analysis in Professional Terms and Insurance Tariff Algorithm." European Journal of Sustainable Development 8, no. 2 (June 1, 2019): 139. http://dx.doi.org/10.14207/ejsd.2019.v8n2p139.
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Modern society has to live and have activities with risks daily. Consequently, the probability of adverse events is high. In the article, the objective of the research is the risks of professional liability, which, in contrast to other risks, damage the third person. In this kind of insurance, it is difficult to define the amount of damage, the amount of compensation. Therefore, Based on historical facts, an algorithm is designed to determine the professional liability insurance tariff, taking into account the principles of tariff policy and working out the professional rating scale. Keywords: professional Risk, Level of professionalism, Risk of insurance, Net rate, Insurance tariff, risk added
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Kazantseva, O. L. "INSTITUTE OF COMPULSORY INSURANCE OF PROFESSIONAL LIABILITY OF LAWYERS IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN: COMPARATIVE LEGAL ANALYSIS." Russian-Asian Legal Journal, no. 3 (November 11, 2021): 47–50. http://dx.doi.org/10.14258/ralj(2021)3.10.
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The article is devoted to the problems of introduction of the institute of compulsory insurance ofprofessional liability of lawyers in the Russian Federation and the Republic of Kazakhstan. The authoranalyzes the current legislation of the two states, in terms of mandatory insurance of professional liabilityof lawyers, identifies current problems in this area, justifies ways to solve them. The article has a certainscientific and practical value, since it analyzes the experience of the establishment of the institute ofcompulsory insurance of professional liability of lawyers in Russia and the Republic of Kazakhstan, whichwill improve the legislative and law enforcement practice of both states.
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Phang, Andrew. "ON THE LIABILITY OF TRAVEL AGENTS: CONSTRUCTION, IMPLIED TERMS AND VICARIOUS PERFORMANCE." Denning Law Journal 11, no. 1 (November 16, 2012): 91–99. http://dx.doi.org/10.5750/dlj.v11i1.259.
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Yoo, Ju Seon. "A Study on the Special Terms of Environmental Liability Insurance Under the German Environmental Liability Act." Korean Insurance Journal 123 (July 31, 2020): 37–84. http://dx.doi.org/10.17342/kij.2020.123.2.
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Gredka-Ligarska, Iwona. "Terms of seller’s liability for the sale of a false cultural object." Roczniki Administracji i Prawa specjalny, no. XIX (December 30, 2019): 321–36. http://dx.doi.org/10.5604/01.3001.0014.1036.
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This study includes analysis of the terms of a seller’s liability for the sale of a false cultural object or monument. In the introductory part, attention was paid to the phenomenon of forging cultural objects with a view to marketing counterfeits, which, in reference to monuments, constitutes the offense of forgery threatened by fine, restriction of liberty or imprisonment up to 2 years (Art. 109a of the Act of 23.07.2003 on the protection and care of monuments, Dz. U. No. 162, item 1568, as amended). Further in the study, attention was drawn to the fact that for the determination of terms of civil law liability of a seller – including sellers of forged cultural objects – key importance attaches to the differentiation between defective performance, which triggers liability under statutory warranty, and provision of another object, which does not amount to performance of an obligation at all. Emphasis was put on the importance of the opinion that the decisive factor for the determination of the seller’s liability regime in case of provision of an object other than agreed is the act of acceptance of performance. The considerations were made from the perspective of interests of a forged cultural object’s buyer. As a result, it was indicated that for the buyer the optimal solution is to exercise, in the first place, the right to withdraw from the sale contract under the provisions on statutory warranty and, only where this is impossible, to invoke the construction of error, as defined in Art. 84 of the Civil Code.
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Navrotska, Vira. "RESOLUTION OF CLAIMS IN CRIMINAL PROCEEDINGS AT DISPUTE AMONG «LIMITATION» TERMS." Social & Legal Studios 13, no. 3 (September 29, 2021): 123–33. http://dx.doi.org/10.32518/2617-4162-2021-3-123-133.
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It is stated, that within the resolution of claims in criminal proceedings, the relevant provisions of other branches of law (in particular, civil and civil procedural) should be applied in their close connection with criminal procedural and substantive norms. The position on the need to ignore the statute of limitations for criminal liability within the consideration of a civil lawsuit, has been criticized. It is also substantiated, that within the consideration of a civil lawsuit, both the statute of limitations and the statute of limitations for criminal liability should be taken into consideration. It is proved, that in process of setting the statute of limitations and the statute of limitations for criminal liability, the legislator was guided by different goals, wanted to achieve different interests, was «bound» by various restrictions. It is argued, that the statute of limitations for criminal liability and the statute of limitations are different in their nature, they arise under different legal relationships, they differs by the grounds for their arisen. The position of the Supreme Court, under which within the consideration of a civil lawsuit in criminal proceedings the court is not entitled to make a decision to refuse to satisfy it due to the expiration of the statute of limitations under the Civil Code of Ukraine, has been criticized. It is argued, that in order for a violated right to be protected within the consideration of a joint (civil) lawsuit, it is required, at least, that: a) since the day of the criminal offense committing and until the entry into the legal force of the sentence, the statute of limitations for criminal prosecution has not expired; b) the claim for protection of a civil right or interest may be satisfied within the limitation period (the exception is legal relations to which the statute of limitations does not apply).
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Alieva, Z. A. "Responsibility of the employer for non-compliance with the terms of the employment contract." Law Нerald of Dagestan State University 39, no. 3 (2021): 127–31. http://dx.doi.org/10.21779/2224-0241-2021-39-3-127-131.
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The article is devoted to the issues of the employer's liability for non-compliance with the terms of the employment contract. The aim of the study is to examine the types of liability of employers for violation of the terms of the employment contract. It says that employers guilty of non-compliance with the terms of the employment contract are subject to material, disciplinary, civil, administrative and criminal liability. The problematic issues of compensation for damage to an employee caused by violation of labor legislation are considered. Revealed and substantiated the need for timely payment of wages to employees. Analyzed materials of judicial practice concerning the illegal dismissal of an employee, as well as non-payment of wages to the employee. It is concluded that employers who are guilty of non-compliance with the terms of the employment contract are liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws
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Manić, Samir. "Preconditions (terms) of the liability for the termination of negotiations." Glasnik Advokatske komore Vojvodine 84, no. 9 (2012): 565–82. http://dx.doi.org/10.5937/gakv1209565m.
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Gaitskell, Robert. "Can you exclude liability? The unfair contract terms act 1977." Engineering Management Journal 2, no. 5 (1992): 246. http://dx.doi.org/10.1049/em:19920060.
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Kasyniuk, L. A. "REGARDING THE GROUNDS AND TERMS OF MATERIAL LIABILITY OF EMPLOYEES." Juridical scientific and electronic journal, no. 1 (2022): 150–53. http://dx.doi.org/10.32782/2524-0374/2022-1/36.
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Lykhova, Sofiia Ya, Tetiana D. Lysko, Olha I. Kosilova, Oleh V. Kyrychenko, and Oleksandr V. Shamara. "Criminal liability for corruption offenses." Informatologia 55, no. 1-2 (2022): 76–97. http://dx.doi.org/10.32914/i.55.1-2.7.
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Combating corruption offenses is one of the priorities of public policy not only in Ukraine but also in many foreign countries. The object of the study is the criminal law measures to combat and resistance corruption in Ukraine and some foreign countries. In carrying out this research, a comparative legal method is widely used. This method allows for a two-level analysis (empirical and theoretical) of legal systems of Ukraine and some foreign countries in terms of combating corruption by criminal law means. It also allows identify regularities of development of the criminal legislation of several countries and to establish correlation with the international standards of counteraction and prevention of a corruption criminal offense. During the conducted research it is revealed some disadvantages and advantages of Ukrainian legislation in terms of criminal law supply of effective means of preventing and combating corruption in Ukraine, it is found that modern criminal law of Ukraine meets international standards of anti-corruption policy generally, but there are some disadvantages in terms of unambiguous understanding of the elements of compositions of criminal corruption offenses, definition of terminological features, lack of a single conceptual approach within the legislative regulations at the level of criminal law and legislation.
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Jaffey, Peter. "DUTIES AND LIABILITIES IN PRIVATE LAW." Legal Theory 12, no. 2 (June 2006): 137–56. http://dx.doi.org/10.1017/s1352325206060265.
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Private law is generally formulated in terms of right–duty relations, and accordingly, private-law claims are understood to arise from breaches of duty, or wrongs. Some claims are not easy to explain on this basis because the claim arises from an act that the defendant was justified in doing. The violation/infringement distinction seems to offer an explanation of such claims, but it is argued that the explanation is illusory. Claims of this sort are best understood as based not on a primary right–duty relation at all but on a “primary liability” or “right–liability” relation. A primary-liability claim is not a claim arising from the breach of a strict-liability duty. The recognition of primary-liability claims does not involve skepticism about duties or rules or legal relations and it is consistent with the analysis of private law in terms of corrective justice.
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Goldie, L. F. E. "Concepts of strict and absolute liability and the ranking of liability in terms of relative exposure to risk." Netherlands Yearbook of International Law 16 (December 1985): 175. http://dx.doi.org/10.1017/s0167676800003500.
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Akramov, J. D., and Kh N. Tukhtaboev. "CONCEPTS, TYPES AND BASES OF OFFENSES AND LEGAL LIABILITY." Oriental Journal of History, Politics and Law 01, no. 01 (May 23, 2021): 14–18. http://dx.doi.org/10.37547/supsci-ojhpl-01-04.
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This article discusses the concept and types of offenses, the concept, types and bases of legal liability. The article covers the following topics; legal behavior, its bases, forms, active legal behavior, ordinary legal behavior, weak legal behavior objects, subjects are covered. On the subject of offense; issues such as what the offense is, its main features, objects, subjects of the offense, revenge, negligence, crime, misdemeanor. On the subject of legal responsibility- about the types of liability, its signs, types of legal liability, ie criminal liability, civil liability, administrative liability, signs of disciplinary liability, legality, fairness, inevitability of liability in case of violation, individuality issues such as In the coverage of these topics, drawings on these topics, questions on the topic, terms are also mentioned.
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Danzon, Patricia M. "Liability for Medical Malpractice." Journal of Economic Perspectives 5, no. 3 (August 1, 1991): 51–69. http://dx.doi.org/10.1257/jep.5.3.51.
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Physicians and other medical providers are subject to a negligence rule of liability. In a simple model, with perfect information and homogeneous physicians, a negligence rule of liability with an appropriately defined due care standard should induce complete compliance: there should be no malpractice, no malpractice claims, and no demand for malpractice insurance. The malpractice experience is seriously at odds with this prediction. First, what goes wrong? Second, if the system does indeed operate imperfectly, does it yield benefits in terms of injuries deterred that outweigh the high overhead costs of operating a liability system?
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Millard, Daleen, and Eugene Gustav Bascerano. "EMPLOYERS’ STATUTORY VICARIOUS LIABILITY IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 11, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a555.
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A person whose privacy has been infringed through the unlawful, culpable processing of his or her personal information can sue the infringer’s employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI). Section 99(1) of POPI provides a person (“data subject”), whose privacy has been infringed, with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for processing of personal information of data subjects. Although POPI does not equate a responsible party to an employer, the term “responsible party” is undoubtedly a synonym for “employer” in this context. By holding an employer accountable for its employees’ unlawful processing of a data subject’s personal information, POPI creates a form of statutory vicarious liability.Since the defences available to an employer at common law, and developed by case law, differs from the statutory defences available to an employer in terms of POPI, it is necessary to compare the impact this new statute has on employers. From a risk perspective, employers must be aware of the serious implications of POPI. The question that arises is whether the Act does not perhaps take matters too far.This article takes a critical look at the statutory defences available to an employer in vindication of a vicarious liability action brought by a data subject in terms of section 99(1) of POPI. It compares the defences found in section 99(2) of POPI and the common-law defences available to an employer fending off a delictual claim founded on the doctrine of vicarious liability. To support the argument that the statutory vicarious liability created by POPI is is too harsh, the defences contained in section 99(2) of POPI is further analogised with those available to an employer in terms of section 60(4) of the Employment Equity Act 55 of 1998 (EEA) and other comparable foreign data protection statutes.
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Khursanov, Rustam. "THE NEED TO CONCLUDE A CONTRACT ON OBLIGATORY INSURANCE OF THE EMPLOYER'S CIVIL LIABILITY." JOURNAL OF LAW RESEARCH 6, no. 5 (May 30, 2021): 40–47. http://dx.doi.org/10.26739/2181-9130-2021-5-5.
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This article deals with the necessary terms of the employer's civil liability insurance contract, the need for the employer to conclude a civil liability insurance contract, the term of the contract, the employee's disability at work, occupational disease or other damage to his life or the civil liability of the employer for compensation for damage to health
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Suryasa, Wayan, I. Gede Nika Wirawan, Steven L. Thoms, and Tom Bonviglio. "Legal terms in translation of regulation number 40 year 2007 regarding limited liability company in Indonesia." Linguistics and Culture Review 6, no. 1 (November 14, 2021): 30–42. http://dx.doi.org/10.21744/lingcure.v6n1.1731.
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This research focused on the language being used in Regulation Number 40 year 2007 regarding limited liability company in Indonesia and the data is taken from Regulation Number 40 year 2007 regarding limited liability company in Indonesia that is collected randomly so the technique that will be used in this research is the sampling technique, because the data was chosen randomly and the method that will be used to analyze the data is descriptive method because the data will be described descriptively. It will describe the reason why the translator use that kind of equivalence to translate Indonesian into the English language.
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Che, Xin, Andre P. Liebenberg, Ivonne A. Liebenberg, and Lawrence S. Powell. "Decomposing diversification effect: evidence from the U.S. property-liability insurance industry." Insurance Markets and Companies 8, no. 1 (May 29, 2017): 16–28. http://dx.doi.org/10.21511/ins.08(1).2017.02.
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Prior literature suggests that diversified property-liability (P/L) insurers underperform their focused counterparts. While most studies focus on insurers’ overall performance, there is an absence of evidence regarding whether the underperformance is driven by underwriting or investment profitability. The authors develop and test hypotheses of diversification’s separate effect on underwriting and investing in the U.S. property-liability (P/L) insurance industry. It is found that diversified insurers outperform their focused counterparts in terms of investment return, but that they underperform in terms of underwriting profitability. The results are robust to corrections for endogeneity bias and a matched sample analysis.
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Yamin, Mo, and Yusuf Kurt. "Revisiting the Uppsala internationalization model." International Marketing Review 35, no. 1 (February 12, 2018): 2–17. http://dx.doi.org/10.1108/imr-11-2014-0345.
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Purpose The purpose of this paper is to utilize key insights from social network theory (SNT) to enhance understanding of overcoming the liability of outsidership as a prerequisite for firm internationalization. Specifically, it examines the influence of structural attributes of networks on the motivational stance of both network insiders and outsiders in relation to overcoming the liability of outsidership. A related aim is to explore the role of network positions of insider actors in terms of its impact on the speed of market entry. Design/methodology/approach The paper draws on the extant literatures on firm internationalization, particularly the liability of outsidership, and SNT to identify to what extent SNT can be utilized to deeply understand the process of overcoming the liability of outsidership. The authors put forward eight propositions linking structural and positioning attributes of networks with overcoming the liability of outsidership. Findings SNT provides strong potential for a more comprehensive understanding of the internationalization phenomena through shedding light on the relationship between the liability of foreignness and the liability of outsidership. The paper demonstrates that while the cost of overcoming the liability of outsidership is higher in closed target network as compared to open networks, the expected benefits of an insidership position in closed or open networks are affected by the outsider firm’s perception of the liability of foreignness in the market it wishes to enter. Considering the differential enabling characteristics of closed and open networks in terms of facilitating tacit knowledge sharing as opposed to explicit information flows, the authors reveal that liability of foreignness operates as a negative moderator for the relationship between network structure and the willingness of the outsider to invest in gaining insidership. The analysis of the paper also shows that the positional attributes of the network insider are relevant in outsiders’ motivation in terms of the speed of market entry that they seek to achieve. Originality/value This study theoretically contributes to the internationalization research through integrating SNT with the liability of outsidership understanding of firm internationalization. This is a timely attempt as no systematic application of the conceptual apparatus of SNT in the internationalization research context has been studied. It adds a more coherent inside-out perspective into the overcoming the liability of outsidership discussion which has been extensively dominated by an outside-in perspective.
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Wang, Qiang. "In a Cage of Law: Liability Imputation System in the Tort Law on Kept Animals A ChineseGerman Comparative Study." European Review of Private Law 27, Issue 3 (June 1, 2019): 617–45. http://dx.doi.org/10.54648/erpl2019030.
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The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of its structure (on the macro-level), this Article also probes into the problems and difficulties arising out of some key junctures (on the micro-level), especially as the system is put into practice and its operational complexity is revealed. Because of the strong affinity of the Chinese civil law, and especially tort law, with its German counterpart, this Article references the German tort law on animal keeper’s liability for an historical and comparative legal analysis, bringing more light to the Chinese system of liability. The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of its structure (on the macro-level), this Article also probes into the problems and difficulties arising out of some key junctures (on the micro-level), especially as the system is put into practice and its operational complexity is revealed. Because of the strong affinity of the Chinese civil law, and especially tort law, with its German counterpart, this Article references the German tort law on animal keeper’s liability for an historical and comparative legal analysis, bringing more light to the Chinese system of liability.
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Harris, Ron. "A new understanding of the history of limited liability: an invitation for theoretical reframing." Journal of Institutional Economics 16, no. 5 (June 8, 2020): 643–64. http://dx.doi.org/10.1017/s1744137420000181.
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AbstractI investigate the historical development of limited liability – widely considered a cornerstone of the business corporation – and challenge the commonplace linear narratives about how limited liability evolved. I dismiss the claim that limited liability was invented with the very first joint-stock business corporations around 1600. I also reject the assertion that it became dominant with the limited liability acts of the mid-19th century. My argument is that it was only around 1800 that limited liability became a separate corporate attribute, distinct from legal personality, and that limited liability in the modern sense became a uniform attribute of all corporations only in the 20th century. Since corporations, stock markets and the corporate economy enjoyed a long and prosperous history well before limited liability in its modern sense became established and dominant, the economic theory of limited liability needs to be revisited. The paper opens a new set of conceptual, empirical and theoretical research questions, and points to new possibilities in terms of viable future liability regimes.
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Stawiński, Michał. "Wyłączenie stosowania ustawy o odpowiedzialności za naruszenie dyscypliny finansów publicznych do należności z tytułu podatków." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 23 (August 3, 2018): 35–47. http://dx.doi.org/10.19195/1733-5779.23.3.
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Exclusion of the application of the act on liability for violation of the public finance discipline in terms of tax receivablesThe subject of the article is a detailed analysis of the scope of excluding the application of the provisions of the act dated 17 December 2004 on liability for violation of the public finance discipline consolidated text: Journal of laws of 2017, item 1311 in terms of determination, establishment, collection or payment of tax receivables as well as evaluation of the legitimacy of this legal solution. In the first part of the article, interpretation of art. 3 of the act on liability for violation of public finance discipline will be carried out in terms of tax receivables. Particular concepts specifying the scope of the analysed exclusion have been defined, such as tax receivables, establishment, collection and payment of tax receivables. In the article, the articles of the act on liability for violation of the public finance discipline establishing the exception to apply the studied exclusion were referred to. In the second part of the article, a critical evaluation of the current scope of exclusion was performed.
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Хлестова, Ирина, and Irina KHlyestova. "International Legal Regulation of Nuclear Liability." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7256.
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The article is devoted to the comparative analyses of provisions of Vienna convention on civil liability for nuclear damage of 1963 and Protocol of 1997 to the convention on civil liability for nuclear damage. In particular: the provisions on nuclear damage, channeling of liability on operator of nuclear facility, principles of liability, limits liability, limitation of actions, jurisdictional division are considered. On this bases it was concluded that international legal regulation is on the way of raise of limits liability of operator of nuclear facility, applying special drawing rights of International Monetary Fund as calculation units. Legal regulation introduced by the Protocol of 1997 to the Vienna convention on civil liability for nuclear damage more responds to the victims interests taking into account the long-terms effects of a nuclear incident. The problems of the Russian Federation adherence to the Protocol of 1997 is considered
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Pokora, Andrzej. "ASSERTING CRIMINAL LAW CLAIMS ON BEHALF OF THE STATE TREASURY FROM CONVICTS BOUND BY THE JOINT MARITAL PROPERTY REGIME." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 245–58. http://dx.doi.org/10.5604/01.3001.0013.1794.
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The article covers the terms and scope of liability of convicts from their personal property and from the joint property when they are bound by the joint marital property regime. In the first place, problems of a convict’s liability from the personal property is discussed. Then, the possibility of the convict’s liability from the joint property is presented. Finally, the article discusses problems of limiting or excluding the liability under art . 28 of the Executive Penal Code and the impact of a change in property relations between spouses on the conduct of execution of criminal law liabilities.
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Tsimplis, Michael, and Spiros Papadas. "Information Technology in Navigation: Problems in Legal Implementation and Liability." Journal of Navigation 72, no. 04 (January 21, 2019): 833–49. http://dx.doi.org/10.1017/s0373463318001030.
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E-navigation poses significant challenges for shipping. The analysis of the legal norms in the International Regulations for Preventing Collisions at Sea (COLREGS) and court decisions supports the use of information technology on the bridge for the purpose of improving navigational safety. However, the current regulatory and standardisation requirements hamper the introduction of new information streams in navigational systems and remove the incentives for investment in navigation technology. The liability arising from navigational failures will remain on the employer of the crew irrespective of how the additional navigational information is provided to the navigational systems. The shipowner's liability may depend on the way information streams are provided to the ship only within the context of the Civil Liability Convention (CLC) 1992 and other similar pollution conventions where the characterisation of the navigational system as a navigational aid or an aid to navigation may decide the issue of liability. Research on the legal background of these terms underlines the need for a clear distinction between the two terms to be made. An interpretation is proposed which ensures that the CLC liability exception operates in accordance with the underlying legal requirements.
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Yalid, Yalid, Ryan Aditama, Sindi Sindi, Husni Tamrin, and Iswandi Iswandi. "The responsibility of a limited liability company with authorized fictitious capital: Evidence from the emerging market." Corporate Law and Governance Review 3, no. 1 (2021): 43–52. http://dx.doi.org/10.22495/clgrv3i1p4.
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The phenomenon of law related to the capital subscribed and fully paid up company is limited liability companies in Indonesia, many of which are not real. The aim of this research is to answer the question: "What is the legality and legal consequences of an establishment with a fictitious authorized capital?". The research was conducted via the study of literature with this type of normative legal research supported by an empirical approach. The results of the research contribute to knowledge that the responsibility of a limited liability company with a capital payment basis is fictitious when the establishment does not essentially meet the validity of the establishment of the limited liability company itself, whether based on terms “materially” or “formally”. The terms formilnya (“formally”) depositing of the authorized capital must be issued and paid-up in full. Although the capital is fictitious or not real, if it has been approved by a legal entity, then it remains as a legitimate legal entity, but the substance of it is a limited liability company. Depositing the authorized capital which is not real contradicts the nature of the limited liability company as a legal entity
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Boyer, Marcel, and Donatella Porrini. "Modelling the choice between regulation and liability in terms of social welfare." Canadian Journal of Economics/Revue Canadienne d`Economique 37, no. 3 (August 2004): 590–612. http://dx.doi.org/10.1111/j.0008-4085.2004.00239.x.
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Agibalova, Elena. "Legal status of artificial intelligence and legal liability in terms of application." مجلة البحوث القانونية والإقتصادية (المنصورة) 14, no. 1 (May 1, 2022): 3–42. http://dx.doi.org/10.21608/mjle.2022.217225.
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Buletsa, S. B. "Concept, types and signs of responsibility in the field of medical activities." Analytical and Comparative Jurisprudence, no. 1 (July 1, 2021): 37–42. http://dx.doi.org/10.24144/2788-6018.2021.01.7.
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The development of medical science, the improvement of the living standards of the population and the establishment of democratic institutions contribute to the increase of the requirements for the activity of medical workers and to the increase of cases of bringing them to justice for improper performance of professional duties. Civil law distinguishes between types of liability according to different criteria. Thus, on the basis of the rights and obligations, for the violation of which liability is established, it is divided into contractual and non-contractual. Contractual and non-contractual civil liability have some common generic features. Liability in medical activities arises in case of violation of rights and responsibilities. The activities of health professionals (doctors, nurses, support staff) in any case, aimed at the patient, he receives medical care, taking into account his health, physical condition, and aim at positive changes in the patient's health. In the case of contractual liability, the terms of the contract are violated, in the case of non-contractual (tort) liability between the violator and the victim before the violation there were absolute legal relations. The behavior of the offender must be active, ie passive behavior is not the basis for tortious liability, but only if there are special rules of law that provide only for active behavior (doctors).
Tort liability damages the general prohibition, where potentially harmful conduct is not clearly defined by law, as any active conduct is illegal and associated with the occurrence of the damage.
Contractual liability will arise in compliance with the terms of liability, especially the causal link, ie the objectively existing link between the wrongful conduct of the debtor and the adverse consequences that have occurred. The classic features of the contract, of course, are more clearly manifested in private medical services (eg, dentists, private medical institutions), there are contractual relationships.
Liability in the field of medical activity is a type of legal liability, ie the implementation of a sanction of a legal norm, which by its nature is a means of coercion, is accompanied by condemnation by the state and is expressed in imposing on the perpetrator of violation of intangible consequences of a material nature.
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Woiński, Mateusz. "Ramy odpowiedzialności dyscyplinarnej studenta." Studia Iuridica, no. 84 (December 15, 2020): 23–39. http://dx.doi.org/10.31338/2544-3135.si.2020-84.2.
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The main aim of the paper is to discuss legal frames of disciplinary liability of students under the Higher Education and Science Act of 20 July 2018. Assuming that disciplinary liability constitutes a type of sensu largo penal liability, the stress is put on the shortcomings of current regulations in terms of the limits of this kind of legal responsibility. Since the definition of ‘disciplinary misconduct’ is partial, the author concentrates on whether the provision requiring disciplinary bodies to apply – mutatis mutandis – the provisions of the Code of Criminal Procedure in matters not governed by the Higher Education and Science Act, enables (or even obliges respective authorities) to apply provisions contained in chapters I-III of Criminal Code.
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Lawson, Robert, Andrea Trimarchi, and Andrew Harakas. "The Potential for Exposure of Air Carriers to Passenger Liability in Respect of COVID-19." Air and Space Law 45, Special issue (July 1, 2020): 143–53. http://dx.doi.org/10.54648/aila2020054.
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Coronavirus disease 2019 (COVID-19) is a true pandemic. Consideration is given to potential exposure of air carriers to passenger liability in respect of alleged infection with the virus in the course of carriage by air having regard to the terms of the Montreal and Warsaw Conventions and case law relating to the same. It is concluded that such claims face various legal and practical hurdles and that liability is unlikely to engage in vast numbers. COVID-19, Passenger Liability, Article 17, Bodily Injury, Accident, Causation
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Nagumanova, Guzel Firdinatovna. "Civil liability in the rental agreement." Laplage em Revista 6, Extra-B (December 24, 2020): 180–84. http://dx.doi.org/10.24115/s2446-622020206extra-b611p.174-178.
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In this article, the author attempts to analyze the institution of civil liability arising from the movable property lease agreement, using the example of Russian legislation and the legislation of a number of European states. Within the framework of this study, the author also raises more general doctrinal issues related to the place of liability under a rent agreement in the system of civil liability, as well as in the system of legal liability in general. In order to determine the place and role of the institutions under consideration, the author considered various views and interpretations of the terms under study, as well as studied the individual historical aspects of the formation and development of the civil liability institution. Among other things, the main part of the study is devoted to the consideration of individual measures and cases of contractors' liability under the rent agreement. At the end of work, the researcher assessed the effectiveness and efficiency of the Russian model of legal regulation of civil liability arising from the rent agreement.
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Nagumanova, Guzel Firdinatovna. "Civil liability in the rental agreement." Laplage em Revista 6, Extra-B (December 24, 2020): 180–84. http://dx.doi.org/10.24115/s2446-622020206extra-b611p.180-184.
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In this article, the author attempts to analyze the institution of civil liability arising from the movable property lease agreement, using the example of Russian legislation and the legislation of a number of European states. Within the framework of this study, the author also raises more general doctrinal issues related to the place of liability under a rent agreement in the system of civil liability, as well as in the system of legal liability in general. In order to determine the place and role of the institutions under consideration, the author considered various views and interpretations of the terms under study, as well as studied the individual historical aspects of the formation and development of the civil liability institution. Among other things, the main part of the study is devoted to the consideration of individual measures and cases of contractors' liability under the rent agreement. At the end of work, the researcher assessed the effectiveness and efficiency of the Russian model of legal regulation of civil liability arising from the rent agreement.
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Blyth, Conrad, and Basil Sharp. "The Rules of Liability and the Economics of Care." Victoria University of Wellington Law Review 26, no. 1 (February 1, 1996): 91. http://dx.doi.org/10.26686/vuwlr.v26i1.6179.
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In 1992, the New Zealand Law Commission proposed changes to the rules of liability applied in cases of negligence under the law of torts (Law Commission Apportionment of Civil Liability (Preliminary Paper No 19, Wellington, 1992)). The Commission proposed to retain the rule that where there are two wrongdoers who together cause a single loss each is liable to the injured person for up to 100% of the plaintiff's claim. Is this rule justified economically? This article analyses the rule (the doctrine of "solidary liability") in economic terms, as well as the "proportionate liability" rule as an alternative. The authors begin with the conditions which produce an optimal allocation of economic resources in society, and then undertake an alternative analysis of the demand and supply of care which is suitable for a legal framework of negligence and concurrent liability. The authors then summarise their conclusions about the economic efficiency of the two basic liability rules.
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Maśniak, Dorota, and Dawid Rogoziński. "Limits of Insurers’ Freedom in Shaping Coverage in Liability Insurance for Entrepreneurs." Prawo Asekuracyjne 1, no. 106 (March 19, 2021): 17–30. http://dx.doi.org/10.5604/01.3001.0014.7840.
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The aim of the present article is to answer a question about the limits of insurers' freedom in shaping the scope of coverage and exclusions of liability in general terms and conditions of the entrepreneur's liability insurance as well as in individual additional provisions. Due to the high level of complexity and lack of clarity of standard contracts currently applied in the insurance market, their appropriate denotation and interpretation pose a difficult challenge – especially for the judicature. In an attempt to address this challenge, the authors analyse the potential contractual liability of an entrepreneur and show the extent to which it should be covered by civil liability insurance in line with reasonable customer expectations.
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Shepel, Tamara V. "CORRELATION OF CONTRACTUAL AND TORTIOUS LIABILITY OF A HEALTH-CARE ORGANISATION TO A PATIENT." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 153–62. http://dx.doi.org/10.17223/22253513/38/15.
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The Civil Code of the Russian Federation and legislation in the sphere of health care do not contain norms about the civil liability of a medical organisation to a patient. The issues of the correlation between these types of liability remain under-researched in the literature. There is no uniformity in judicial practice in resolving disputes in this area. The analysis of the literature and practice allows us to identify the distinctive features of contractual and tort liability of medical organisations. They include the imperative nature of norms on tort liability and dispositive nature of norms on contractual liability; contractual liability of a medical organisation to a patient is possible only if no harm to life or health is inflicted upon it - when such harm is inflicted, tort liability arises. The medical organisation's guilt or the patient's guilt in imposing contractual or non-contractual liability on a medical organisation is not the same. As a general rule, where there is a plurality of persons on the side of a medical organisation, joint and several liability arises in the event of non-contractual liability. The forms of contractual and non-contractual liability are different. It is generally accepted in the legal literature that liability for harm to a patient's health or life in the provision of paid medical services is in tort. However, due to the expanding scope of contractual regulation in medicine, the correctness of such provisions has come into ques-tion. It seems that the position on the priority of contractual liability of a medical institution has no legitimate basis (Art. 1084 of the Civil Code of the Russian Federation). In court prac-tice, regardless of the existence of a contract for the provision of paid medical services, in case of harm to the patient's health or life, the rules on torts are applied. The nature of increased liability for causing harm to a citizen's life or health stipulated by the contract is disputed in the literature. It appears that the contract for the provision of medical services may increase the amount of liability but may not change its nature, it remains a tort. As a rule, the issue of possible application of tort and contractual liability to a medical organisation at the same time is not specifically discussed in the literature. In court decisions holding a healthcare provider contractually liable, compensation for moral damage is referred to as a form of contractual liability along with compensation for damages and payment of a penalty. This approach blurs the distinction in terms of contractual liability of a medical organisation and tort liability in the form of compensation for moral harm. Contractual liability arises irrespective of fault (paragraph 3 of Article 401 of the Civil Code of the Russian Federation); compensation for moral harm is allowed, as a general rule, only in the presence of the fault of the person who caused the harm (paragraph 2 of Article 151 of the Civil Code of the Russian Federation). The terms of liability in such cases must be determined with due regard to the above rules.
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CUPIDO, MARJOLEIN. "Common Purpose Liability Versus Joint Perpetration: A Practical View on the ICC's Hierarchy of Liability Theories." Leiden Journal of International Law 29, no. 3 (July 28, 2016): 897–915. http://dx.doi.org/10.1017/s0922156516000364.
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AbstractOn 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory establishes criminal responsibility for wilfully or knowingly contributing to the crimes of a group of persons who act together pursuant to a common purpose. The ICC regards common purpose liability as a residual liability theory, which provides for a lower level of blameworthiness than principal forms of criminal responsibility, such as joint perpetration. This article appraises the residual and inferior status of common purpose liability by comparing the ICC's application of common purpose liability and joint perpetration. The comparison makes clear that common purpose liability in theory stipulates lower actus reus and mens rea standards than joint perpetration. However, in practice the ICC applies the requirements of both these liability theories in a context-dependent way in interplay with the particular facts of individual cases. It can therefore not be concluded in general terms that common purpose liability by definition constitutes a less serious type of criminal responsibility than joint perpetration. Instead, it is preferable to adopt a flexible approach, which recognizes that common purpose liability covers a variety of conduct entailing different levels of blameworthiness.
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Dempster, M. A. H., and E. A. Medova. "Asset liability management for individual households." British Actuarial Journal 16, no. 2 (November 25, 2011): 405–39. http://dx.doi.org/10.1017/s135732171100016x.
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AbstractPersonal finance is a challenging topic which can benefit from a scientific approach to individual financial planning. This paper presents an individual asset liability management (iALM) model for life cycle planning which uses the methodology of dynamic stochastic optimisation and incorporates ideas from both classical and behavioural finance. Its implementation is in the form of a decision support tool for use by financial advisers or wealth managers. The investment universe is given by a set of indices for major asset classes and their returns are simulated forward over the lifetime of a household. On the liability side the foreseen cash flows of incomes and outgoings are simulated and punctuated by life events such as illness and death. The household's utility function is constructed for each time period over a range of monetary values in terms of household financial goals and preferences. Taxes and pension savings are treated using the tax shielded saving accounts specific to a national jurisdiction in terms of constraints in the optimisation sub-models. The paper goes on to present an analysis ofiALM model recommendations for a representative UK household, together with an evaluation of the sensitivity of the financial plan generated to changes in market environments such as the 2007–9 crisis. The promise of this new technology is to bring modern decision support tools to individual investors in order to facilitate custom designed consumption, savings and investment policies.
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Guevara-Alarcón, William, Hansjörg Albrecher, and Parvez Chowdhury. "ON MARINE LIABILITY PORTFOLIO MODELING." ASTIN Bulletin 50, no. 1 (December 13, 2019): 61–93. http://dx.doi.org/10.1017/asb.2019.36.
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AbstractMarine is the oldest type of insurance coverage. Nevertheless, unlike cargo and hull covers, marine liability is a rather young line of business with claims that can have very heavy and long tails. For reinsurers, the accumulation of losses from an event insured by various Protection and Indemnity clubs is an additional source for very large claims in the portfolio. In this paper, we first describe some recent developments of the marine liability market and then statistically analyze a data set of large losses for this line of business in a detailed manner both in terms of frequency and severity, including censoring techniques and tests for stationarity over time. We further formalize and examine an optimization problem that occurs for reinsurers participating in XL on XL coverages in this line of business and give illustrations of its solution.
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Purba, Andreas, and Firman Wijaya. "ANALISIS PUTUSAN NOMOR 559/PID.B/2017/PN.BYW. PENGADILAN NEGERI BANYUWANGI TENTANG PENYEBARAN AJARAN KOMUNISME/MARXISME-LENINISME SECARA MELAWAN HUKUM BERDASARKAN PASAL 107A KUHP." Jurnal Hukum Adigama 2, no. 2 (December 13, 2019): 1108. http://dx.doi.org/10.24912/adigama.v2i2.6907.
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Budi Pego was charged with violating Article 107a of Law Number 27 of 1999 concerning Amendment to the Criminal Law Code relating to crimes against State security, because of. Because of these accusations, Budi Pego was charged with a 10-month prison sentence in the Banyuwangi District Court. The problem faced is how criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code (case study of decision No. 559 / Pid.B / 2017 / PN.Byw)? The research method used is normative legal research. The results showed that criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code in Decision No. 559 / Pid.B / 2017 / PN.Byw. it is inappropriate if this criminal liability model is applied to criminal liability to individuals. Considering that individual accountability still requires actions and mistakes as a basic element of accountability. That is, without any deeds and mistakes, there is no criminal liability. Regarding the Budi Pego case, the policy of criminalizing the ideology of Communism/Marxism-Leninism was decriminalized. If this cannot be done, then the legislators need to revise Law No. 27 of 1999 with the concept of eliminating articles containing formal offenses and replacing them with the formulation of material offenses and in the formulation of the weight of sanctions.
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Semenovich, K. S. "Liability of the parties to grid connection agreements." Courier of Kutafin Moscow State Law University, no. 3 (May 15, 2020): 106–15. http://dx.doi.org/10.17803/2311-5998.2020.67.3.106-115.
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The article analyzes the terms of the Grid Connection Agreement established by the Grid Connection Regulation with regard to the provisions on liability of the parties. Thus, according to the Grid Connection Regulation, the applicant’s right to unilaterally rescind the contract, the penalty, the obligation to reimburse legal expenses and the right of the network organization to apply to the court for the contract termination in cases provided for in the Regulation relate to the parties liability measures. The provisions stipulated by the Regulation do not generally apply to civil liability, which leads to confusion of legal concepts. The relations of the parties to the Grid Connection Agreement are subject to liability measures established by the general rules, namely, penalty and damages.
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Žatecká, Eva. "Selected aspects of criminal liability of legal persons." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2983–88. http://dx.doi.org/10.11118/actaun201361072983.
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This paper will address issues of corporate criminal liability in terms of enterprises. Criminal liability of legal persons is now a major problem that must deal the enterprises with. The contribution points out the major issues associated with this topic when the legal person may be held criminally responsible and how we can prevent such criminal liability. This issue arises with several questions that need to be pointed out. For example, what are the conditions of the criminal liability of the enterprises, which criminal offenses can be committed, or is it possible to prevent such criminal responsibility, etc. These issues will be the subject of discussion and contribution to current findings. The issue is very new; we have the new act on criminal liability of legal persons effective from 1st January 2012, so the author hopes this paper brings some new solutions and possible matters for discussions.
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BOGDANOV, D. "CONTRACTUAL TERMS OF LIMITATION OR EXCLUSION OF LIABILITY IN RUSSIAN AND FOREIGN LAWS." Bulletin of the Moscow State Regional University (Law), no. 4 (2015): 58–66. http://dx.doi.org/10.18384/2310-6794-2015-4-58-66.
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