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Author: Grafiati
Published: 20 April 2024

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1

Lipcanu, Emilian. Răspunderea comitentului pentru fapta prepusului: Probleme actuale privind răspunderea civilă prevăzută de articolul 1000, alineatul 3, Cod civil. [Bucharest]: Lumina Lex, 1999.

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2

1950-, Spier Jaap, Busnelli Francesco Donato, and European Centre of Tort and Insurance Law., eds. Unification of tort law: Liability for damage caused by others. The Hague: Kluwer Law International, 2003.

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3

Guimarães, José Castro. A responsabilidade civil do operador postal perante o destinatário e outros terceiros. Porto: Almedina & Leitão, 2010.

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4

Margarida Maria Matos Correia Azevedo de Almeida. A responsabilidade civil do banqueiro perante os credores da empresa financiada. [Coimbra]: Coimbra Editora, 2003.

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5

Klopper, H. B. The law of third-party compensation: In terms of the Road Accident Fund Act 56 of 1996. Durban: LexisNexis, 2012.

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6

United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law. General Aviation Revitalization Act of 1993: Hearing before the Subcommittee on Economic and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, second session on H.R. 3087, to amend the Federal Aviation Act of 1958 to establish time limitation on certain civil actions against aircraft manufacturers, and for other purposes, May 12, 1994. Washington: U.S. G.P.O., 1994.

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7

United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law. General Aviation Revitalization Act of 1993: Hearing before the Subcommittee on Economic and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, second session on H.R. 3087, to amend the Federal Aviation Act of 1958 to establish time limitation on certain civil actions against aircraft manufacturers, and for other purposes, May 12, 1994. Washington: U.S. G.P.O., 1994.

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8

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice. The Foreign Sovereign Immunities Act: Hearing before the Subcommittee on Courts and Administrative Practice of the Committee on the Judiciary, United States Senate, One Hundred Third Congress, second session on S. 825 ... June 21, 1994. Washington: U.S. G.P.O., 1996.

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9

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice. The Foreign Sovereign Immunities Act: Hearing before the Subcommittee on Courts and Administrative Practice of the Committee on the Judiciary, United States Senate, One Hundred Third Congress, second session on S. 825 ... June 21, 1994. Washington: U.S. G.P.O., 1996.

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10

Aviation, United States Congress House Committee on Public Works and Transportation Subcommittee on. General Aviation Revitalization Act of 1993: Hearing before the Subcommittee on Aviation of the Committee on Public Works and Transportation, House of Representatives, One Hundred Third Congress, first session, on H.R. 3087, to amend the Federal Aviation Act of 1958 to establish time limitations on certain civil actions against aircraft manufacturers, and for other purposes, October 27, 1993. Washington: U.S. G.P.O., 1994.

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11

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Aviation. General Aviation Revitalization Act of 1993: Hearing before the Subcommittee on Aviation of the Committee on Public Works and Transportation, House of Representatives, One Hundred Third Congress, first session, on H.R. 3087, to amend the Federal Aviation Act of 1958 to establish time limitations on certain civil actions against aircraft manufacturers, and for other purposes, October 27, 1993. Washington: U.S. G.P.O., 1994.

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12

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Aviation. General Aviation Revitalization Act of 1993: Hearing before the Subcommittee on Aviation of the Committee on Public Works and Transportation, House of Representatives, One Hundred Third Congress, first session, on H.R. 3087, to amend the Federal Aviation Act of 1958 to establish time limitations on certain civil actions against aircraft manufacturers, and for other purposes, October 27, 1993. Washington: U.S. G.P.O., 1994.

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13

Unification Of Tort Law: Liability For Damage Caused By Others (Principles of European Tort Law). Kluwer Law International, 2004.

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14

Mcivor, Claire. Third Party Liability in Tort. Hart Publishing, 2006.

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15

Sime, Stuart. 20. Additional Claims under Part 20. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.2299.

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This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
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16

Sime, Stuart. 20. Additional Claims under Part 20. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.2299.

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This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
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17

Sime, Stuart. 20. Additional Claims under Part 20. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.2299.

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This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
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18

Roderick, Munday. 11 The Tortious Liabilities of Principal and Agent. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0011.

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This chapter examines the personal liabilities incurred by both principals and agents for the torts they commit. An agent is personally liable for torts committed in the course of the agency that occasion damage to a third party, irrespective of whether the agent was acting within or outside the principal’s authority. The tortious liability of the principal is more varied. A principal is personally liable for torts which the agent has been authorized to commit. In addition, the principal is also vicariously liable for torts committed by the agent in the course of employment. Finally, as in the case of master and servant, when the principal is liable for the tortious acts of the agent, technically principal and agent are joint tortfeasors and enjoy rights of contribution against one another under the Civil Liability (Contribution) Act 1978. The chapter looks at common forms of tortious liability affecting agency.
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19

Tudsri, Pattarapas, and Angkanawadee Pinkaew. Third Party Beneficiaries in Thai Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0020.

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This chapter examines the ability for third party beneficiaries to enforce contracts under section 374 of the Thai Civil and Commercial Code. The provision illustrates that the urgency for enactment of the Code came at the expense of depth and intricacy. Whereas the German Civil Code expressly provides that the third party’s entitlement to enforce the provisions of a contract may be inferred from the circumstances, such provision is absent in the Thai Code. While the intention of the parties should be capable of inference from the contract, Thai courts have demonstrated a reluctance to read section 374 broadly; compelling evidence is required before the third party is found to acquire rights. Apart from the four categories of contracts where the courts more readily find third party rights—insurance, compromise, a contract to discharge a debt owed by third party, and a contract to confer an option on a third party—parties are likely to find it difficult to invoke section 374. Underlying the judicial attitude is the strong grip of the privity rule, or to use the German-inspired term, the ‘relativity of contract’. This restrictive approach also applies to the interpretation of ‘performance’ which does not include conferment of benefits.
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20

Slovo of the National School of Judges of Ukraine. The National School of Judges of Ukraine, 2021. http://dx.doi.org/10.37566/2707-6849-2020-5.

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The special edition of the national professional scientific and practical legal magazine “The Slovo of the National School of Judges of Ukraine” was published, which contains reports delivered at the online conference "Ensuring the unity of judicial practise: the legal positions of the Grand Chamber of the Supreme Court and standards of the Council of Europe", held on the occasion of the third anniversary of the Grand Chamber of the Supreme Court. time of thematic sessions and webinars for judges of each of the courts of cassation in the Supreme Court, as well as joint sessions for judges of different jurisdictions at the end of 2020. The National School of Judges of Ukraine held these events together with the Supreme Court and in synergy with the Council of Europe projects "Support to Judicial Reform in Ukraine", "Further Support for Ukraine's Implementation in the Context of Article 6 of the European Convention on Human Rights", USAID New Justice Program, OSCE Project Coordinator in Ukraine. These are projects that support various aspects of judicial reform in Ukraine, compliance with Council of Europe standards and recommendations, offering best practices from member states to help make priorities in the national reform process. The conference and training events were attended by more than 550 participants - judges of the Supreme Court, other courts, leading Ukrainian and foreign experts, representatives of the legal community. Trainers and all structural subdivisions of the National School of Judges of Ukraine were involved, the training activities of which were identified by the CCEJ in one of its conclusions as one of the important tools to ensure the unity of judicial practice. Programs of activities included reports on the role of the Grand Chamber of the Supreme Court in ensuring the unity of judicial practice and the impact on the legal system; unity of judicial practice in the context of standards - improving access to justice in Ukraine: removing procedural obstacles and ensuring the right to an impartial court, approaches to identifying cases of minor complexity and cases of significant public interest or exceptional importance for a party in the context of access to court of cassation: practice the supreme courts of the member states of the Council of Europe and the European Court of Human Rights; key positions of the Supreme Court - application of the provisions of the procedural codes on the grounds for transferring the case to the Chamber, the joint chamber or the Supreme Court, the impact of its decisions on legislative activity, ensuring the specialization of courts and judges, the practice of the Supreme Court of the Supreme Court on administrative cases, the practice of considering cases of disciplinary liability of judges, conclusions on the rules of criminal law, review of court decisions in criminal proceedings in exceptional circumstances; the impact of the case law of the European Court of Human Rights on the case law of national courts and the justification of court decisions and the "balance of rights" in civil cases in its practice, the development of the doctrine of human rights protection; ECtHR standards on evidence and the burden of proof, the conclusions of the CCEJ and their reflection in judicial practice; judicial rule-making in the activities of European courts of cassation, etc. The issues raised are analyzed in the Ukrainian and international contexts from report to report, which, we hope, will be appreciated by every lawyer - both practitioners and theorists. As well as the fact that the depth of disclosure of each of the topics through the practice of application serves the development of law and contributes to the formation of the unity of judicial practice of the Supreme Court, the creation of case law is a contribution to rulemaking and lawmaking. The conversion of intellectual discourse into the practice of Ukrainian courts is an important step towards strengthening public confidence in the judiciary. And here the unifying force of the Supreme Court can be especially important, as the Chairman of the Supreme Court Valentyna Danishevska rightly remarked, speaking about the expectations of the society.
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21

Rijavec, Vesna, Suzana Kraljić, and Jelka Reberšek Gorišek, eds. Medicina, pravo in družba: sodobne dileme IV. University of Maribor Press, 2021. http://dx.doi.org/10.18690/978-961-286-478-1.

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The monography "Medicine, Law and Society: Contemporary Dilemmas IV" is already the fourth such book. It contains current contributions related to the central theme of liability in healthcare. In their contributions, the authors analyze and discuss various open legal, ethical, and medical issues and dilemmas facing healthcare today in Slovenia and comparative legislations and globally. The monography contains content that addresses selected topics related to civil and criminal liability issues (e.g., medical chamber, doctors, other health professionals, patients,…), euthanasia, surrogate motherhood, and mental health. The second group of articles focuses on current topics, which connect law, sport and medicine (e.g., gender and sex reassignment, doping, athlete employment issues, responsibility in sport, etc.). The third group consists of contributions related to the topics of infectious diseases (Covid-19, SARS, H1N1, Ebola…) and selected aspects regarding medicines (financing of medicines, search for new medicines, pharmaceutical law…).
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