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Artículos de revistas sobre el tema "Non pecuniary losse"

Autor: Grafiati

Publicado: 10 de marzo de 2023

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1

May, Joanna. "Pursuit of Non-Pecuniary Loss and Pecuniary Damage Compensation for Spoiled Holiday". Review of European and Comparative Law 40, n.º 1 (11 de agosto de 2020): 163–87. http://dx.doi.org/10.31743/recl.5737.

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Od 1 lipca 2018 r. obowiązują przepisy ustawy z 24 listopada 2017 r. o imprezach turystycznych i powiązanych usługach turystycznych, która reguluje prawa podróżnych za "zmarnowany urlop". Ustawa o imprezach turystycznych zastąpiła poprzednią regulację wynikającą z ustawy z dnia 29 sierpnia 1997 r. o usługach hotelarskich oraz usługach pilotów wycieczek i przewodników turystycznych, wprowadzając zdecydowanie szerszy zakres odpowiedzialności przedsiębiorców działających w branży turystycznej, co miało ułatwić poszkodowanym dochodzenie roszczeń. W artykule przybliżono sposób naprawiania szkody za utratę przyjemności z wakacji w poprzednim oraz obowiązującym stanie prawnym. Następnie Autorka przedstawiła przebieg postępowania sądowego, zarówno w sytuacji gdy podróżny zdecyduje się na postępowanie grupowe, jak również gdy indywidualnie wytoczy powództwo. Autorka zwraca uwagę na konieczność właściwego przygotowania się przez podróżnego do procesu cywilnego ze względu na spoczywający na nim ciężar dowodu, omawia także wady i zalety poszczególnych rozwiązań prawnych.

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2

Andoh, Benjamin. "Damages for Non-pecuniary Loss Re-visited". Business Law Review 33, Issue 7 (1 de julio de 2012): 181–84. http://dx.doi.org/10.54648/bula2012043.

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Is a blanket refusal of damages for non-pecuniary loss of reputation unjustified? In this paper non-pecuniary loss, occurring as a consequence of personal injuries or death, will be examined; this will be followed by, where it occurs other than as a result of personal injuries or death, a consideration of that situation in the light of the Supreme Court decision in Rabone v Pennine Care NHS Foundation Trust, which is the authority for the proposition that damages are also awardable under the Human Rights Act 1998.

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3

Kasperska, Martyna. "Personality Rights – A Universal Tool for the Recovery of Non-Pecuniary Loss". ATHENS JOURNAL OF LAW 7, n.º 4 (30 de septiembre de 2021): 575–86. http://dx.doi.org/10.30958/ajl.7-4-8.

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As society develops, the concept of personality rights and their legal protection gain significance over the years. Naturally, this concept is evolving as society changes, and it should protect new personal interests against infringement. At the same time, there are reported instances of granting legal protection with doubtful legal justification. In Poland, many commentators and scholars point out that the courts, in some cases, seem to use the concept of personality rights as a universal tool in order to compensate for nearly any mental distress. In this paper, I wish to present interesting examples of this "search" for new personality rights as tools to compensate the plaintiffs for non-pecuniary damages, along with some controversial cases of granting non-pecuniary damages based on questionable legal justification. Following, I will attempt to clarify the notion of non-pecuniary loss and examine whether the courts try to expand its meaning to grant legal protection to plaintiffs. My analysis will be based on Polish law, with some comparative remarks. As the problem is complex and varies according to the jurisdiction, this paper provides a general illustration of the issue at hand. Keywords: Tort law; Personality rights; Non-pecuniary damage; Non-pecuniary loss; Compensation

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4

Kryla-Cudna, Katarzyna. "Breach of Contract and Damages for Non-Pecuniary Loss". European Review of Private Law 26, Issue 4 (1 de septiembre de 2018): 515–35. http://dx.doi.org/10.54648/erpl2018035.

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Abstract: The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The article sheds light on the theoretical framework of contract remedies and claims that the compensability of non-pecuniary loss is necessary for an adequate protection of the interests of the parties to a contract. It further investigates the policy arguments against the recoverability of non-pecuniary loss in contract law and argues that such arguments cannot be considered a sufficient justification for a bar to compensation of moral damages. Finally, based on a survey of case law from several European jurisdictions, the article provides insight into the kinds of non-pecuniary consequences that may arise from a breach of contract. Résumé: L’objectif du présent article est de rechercher si les préjudices moraux des parties devraient être protégés en droit des contrats et quelle devrait être l’étendue de cette protection. L’article examine le cadre théorique des solutions contractuelles et soutient qu’il est nécessaire d’inclure le dommage moral afin de pouvoir protéger de manière adéquate les intérêts des parties à un contrat. Il recherche en outre les arguments politiques réfutant la recouvrabilité du dommage moral en droit des contrats et indique que de tels arguments ne peuvent être considérés comme une justification suffisante pour faire obstacle aux préjudices moraux. Finalement, en se basant sur l’étude de plusieurs affaires portées devant différents tribunaux européens, l’article donne un aperçu de sortes de dommages moraux pouvant provenir d’une rupture de contrat.

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5

Bagińska, Ewa. "Wrongful Birth and Non-Pecuniary Loss: Theories of Compensation". Journal of European Tort Law 1, n.º 2 (agosto de 2010): 171–203. http://dx.doi.org/10.1515/jetl.2010.171.

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6

Knetsch, Jonas. "The Compensation of Non-Pecuniary Loss in GDPR Infringement Cases". Journal of European Tort Law 13, n.º 2 (4 de agosto de 2022): 132–53. http://dx.doi.org/10.1515/jetl-2022-0008.

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Abstract According to art 82(1) of the General Data Protection Regulation (GDPR), ‘any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered’. This provision is at the core of the private enforcement of data protection rights; its interpretation could thus have major implications for business, administration and other organisations. Despite its potential for mass litigation, the case law under art 82(1) GDPR is limited and, five years after the Regulation entered into force, several questions remain still unanswered. This paper gives an overview of the most significant issues relating to the right of data subjects to the compensation of non-pecuniary loss, pending five significant CJEU judgments, which are expected to be delivered in 2023.

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7

Kweon, Tae-Sang. "Damages for Non-pecuniary Loss due to Personality Rights Infringement". Justice 178 (30 de junio de 2020): 182–211. http://dx.doi.org/10.29305/tj.2020.06.178.182.

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8

Zlatev, Zlatin. "Quantification of damages for non-pecuniary losses deriving from breach of contract". Legal Studies 40, n.º 4 (7 de julio de 2020): 548–64. http://dx.doi.org/10.1017/lst.2020.28.

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AbstractThe existing principles of quantification of damages for non-pecuniary losses deriving from breach of contract which are adopted by the courts or advanced in the legal scholarship appear to be arbitrary and founded on certain misconceptions. This paper proposes three different models for assessment based on the consequences of breach. When the performance is possible after the breach, the damages are equal to the value of an alternative subject matter if such is available from elsewhere. If there are no other sources from where the bargained-for subject matter can be obtained, then the amount of the damages is based on the value of a substitutive benefit which leads to attainment of the initial contractual aim. If the promisee has no interest in delayed performance, the damages are quantified with respect to a different non-pecuniary benefit which is commensurable to the one that was pursued with the contract initially.

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9

정남순 y 고수윤. "A study on Damages for Non-pecuniary Loss in Environmental Litigation". Environmental Law and Policy 13, n.º ll (septiembre de 2014): 95–123. http://dx.doi.org/10.18215/envlp.13..201409.95.

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10

Halson, R. "Claims for Non-Pecuniary Loss in Employment Tribunals Following Johnson v Unisys". Industrial Law Journal 32, n.º 3 (1 de septiembre de 2003): 214–17. http://dx.doi.org/10.1093/ilj/32.3.214.

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11

Stolker, Carel J. J. M. "The Unconscious Plaintiff: Consciousness as a Prerequisite for Compensation for Non-pecuniary Loss". International and Comparative Law Quarterly 39, n.º 1 (enero de 1990): 82–100. http://dx.doi.org/10.1093/iclqaj/39.1.82.

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12

Cabrelli, David. "Vernon Valentine Palmer (ed), The Recovery of Non-Pecuniary Loss in European Contract Law". Edinburgh Law Review 21, n.º 1 (enero de 2017): 128–29. http://dx.doi.org/10.3366/elr.2017.0397.

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13

Richardson, Lorna. "Uneasy on the Eye: Determining the Basis for Contractual Damages including Non-Pecuniary Loss". Edinburgh Law Review 22, n.º 2 (mayo de 2018): 289–94. http://dx.doi.org/10.3366/elr.2018.0488.

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14

Antonsdóttir, Hildur Fjóla. "Compensation as a means to justice? Sexual violence survivors’ views on the tort law option in Iceland". Feminist Legal Studies 28, n.º 3 (noviembre de 2020): 277–300. http://dx.doi.org/10.1007/s10691-020-09442-2.

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AbstractLimited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on interviews with 35 victim-survivors of sexual violence in Iceland, this study asks: How do victim-survivors understand monetary compensation? How can tort law meet victim-survivors’ justice interests? The findings suggest that in addition to the financial risk involved, most participants had ambivalent views towards pursuing and receiving monetary compensation. Many thought that, given their often extensive pecuniary and non-pecuniary losses, it was only fair to receive compensation; but at the same time, they did not want to accept ‘dirty money’ they considered that pursuing monetary compensation could undermine their credibility, and monetary compensation only partially aligned with their ideas about justice. The findings are interpreted in the context of tort law theory, taboo trade-offs and survivor-centred justice. It is suggested that state intervention is needed to better meet victim-survivors’ justice interests.

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15

Yi, Jaekyeong. "The Legal Interest of Doctor’s Duty to Inform and the Compensation to Damages for Non-pecuniary Loss". KOREAN SOCIETY OF LAW AND MEDICINE 21, n.º 2 (30 de septiembre de 2020): 37–73. http://dx.doi.org/10.29291/kslm.2020.21.2.037.

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16

Michaud, Anne. "Mitigation of Damage in the Context of Remedies for Breach of Contract". Revue générale de droit 15, n.º 2 (9 de mayo de 2019): 293–340. http://dx.doi.org/10.7202/1059553ar.

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When I began this article my main objective was to show why the concept of mitigation of damage, which is so extensively used in common law, was apparently non-existent in civil law. Right from the beginning, however, I found conclusive evidence which proved that the concept of mitigation actually exists in civil law too; my purpose was then transformed into explaining how this concept works in two systems of law that are so different in their approaches and their methodologies. In order to make this study manageable, I have focused on the links between the concept of mitigation and the problem of pecuniary loss following a breach of contract. Consequently, issues pertaining to tort, physical injuries to persons and things, and claims to liquidate sums, as in debt, will be dealt with only incidentally. Regrettably, this course of action will leave open many interesting questions related to mitigation, mainly in tort but also in contract. Nevertheless, I trust that the present study will constitute a useful basis for further analysis on this subject. I have divided this work into two parts, devoted to the two phases of recovery following a breach of contract. The first phase concerns the choice of which losses fall under the protection of the law, among all those claimed by the plaintiff. I propose to call this phase measuring the extent of the loss. The second phase involves the determination of what the defendant will have to do in order to compensate the plaintiff; when this compensation takes a pecuniary form it involves the assessment of the pecuniary value of the loss. The first of these phases primarily concerns the extent of losses and the question of what damage counts for compensation; this particular aspect of the issue of mitigation is the subject of Part I of this article. The connection between mitigation and the pecuniary evaluation of a plaintiff's damages is examined in Part II where I focus on the effects of inflation and other factors that influence the cost of compensation. Finally, from a comparative point of view, one of the main interests of the present study lies in observing that the concept of mitigation has achieved a different status in civil law and in common law. The conclusion of this work explores this situation, and aims at explaining the historical and juridical circumstances that may have caused common law to attain higher levels of generality and of abstraction than civil law with regard to the issue of mitigation.

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17

Kuziemko, Ilyana y Ebonya Washington. "Why Did the Democrats Lose the South? Bringing New Data to an Old Debate". American Economic Review 108, n.º 10 (1 de octubre de 2018): 2830–67. http://dx.doi.org/10.1257/aer.20161413.

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A long-standing debate in political economy is whether voters are driven primarily by economic self-interest or by less pecuniary motives like ethnocentrism. Using newly available data, we reexamine one of the largest partisan shifts in a modern democracy: Southern whites' exodus from the Democratic Party. We show that defection among racially conservative whites explains the entire decline from 1958 to 1980. Racial attitudes also predict whites' earlier partisan shifts. Relative to recent work, we find a much larger role for racial views and essentially no role for income growth or (non-race-related) policy preferences in explaining why Democrats “lost” the South. (JEL D72, J15, N42)

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18

Levine, Andrew. "Fairness to Idleness is There A Right Not to Work?" Economics and Philosophy 11, n.º 2 (octubre de 1995): 255–74. http://dx.doi.org/10.1017/s0266267100003394.

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It is universally agreed that involuntary unemployment is an evil for unemployed individuals, who lose both income and the non-pecuniary benefits of paid employment, and for society, which loses the productive labor that the unemployed are unable to expend. It is nearly as widely agreed that there is at least a prima-facie case for alleviating this evil – for reasons of justice and/or benevolence and/or social order. Finally, there is little doubt that the evils of involuntary unemployment cannot be adequately addressed in contemporary societies without state intervention – whether through monetary or fiscal policies, cash payments or other subsidies to the unemployed, direct provision of employment by the state, or some combination of these measures.

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19

Watts, Kim. "Managing Mass Damages Liability via Tort Law and Tort Alternatives, with Ireland as a Case Study". Journal of European Tort Law 11, n.º 1 (3 de julio de 2020): 57–85. http://dx.doi.org/10.1515/jetl-2020-0134.

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AbstractMass harm events pose liability challenges for public authorities that may be difficult to resolve via tort. A State can use statutory and non-statutory compensation funds to manage and avert its liability to pay damages to individual citizen victims. Compensation funds eliminate or minimise the traditional concept of fault and often replace it with a no-fault structure, ideally enabling swift payment of compensation to individual victims via an administrative scheme. The Irish government has repeatedly used this kind of solution for groups including victims of contaminated blood products, individuals who suffered abuse as children in State-sanctioned institutions, victims of unnecessary obstetric procedures and other public health failings. This approach has been necessary because multi-party actions are generally unavailable in Ireland, and because of entrenched access to justice problems. The evidence of their use reveals a haphazard pattern and inconsistent treatment of victims. Irish funds have aimed to compensate both the pecuniary and non-pecuniary losses of victims, often in a mixed way. The Irish approach is unsatisfactory because of the trend towards low and homogenised levels of compensation, poor procedure and the lack of other realistic redress alternatives. Overall, these compensation funds have been predominantly advantageous for the State from a cost and liability minimisation perspective. The situation could be improved if future compensation funds were properly designed and supervised, supported by appropriate legislation, and cognisant of the surrounding legal landscape and compensation fund jurisprudence from other European jurisdictions.

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20

신동현. "Time of the occurrence of the liability for delay as to damages for non-pecuniary loss resulting from tort". kangwon Law Review 36, n.º ll (junio de 2012): 205–32. http://dx.doi.org/10.18215/kwlr.2012.36..205.

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21

Ryzhenkov, Anatoly J. "On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)". Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, n.º 2 (25 de mayo de 2021): 169–77. http://dx.doi.org/10.18500/1994-2540-2021-21-2-169-177.

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Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.

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22

Orlando, Giuseppe y Roberta Pelosi. "Non-Performing Loans for Italian Companies: When Time Matters. An Empirical Research on Estimating Probability to Default and Loss Given Default". International Journal of Financial Studies 8, n.º 4 (9 de noviembre de 2020): 68. http://dx.doi.org/10.3390/ijfs8040068.

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Within bank activities, which is normally defined as the joint exercise of savings collection and credit supply, risk-taking is natural, as in many human activities. Among risks related to credit intermediation, credit risk assumes particular importance. It is most simply defined as the potential that a bank borrower or counterparty fails to fulfil correctly at maturity the pecuniary obligations assumed as principal and interest. Whenever this happens, a loan is non-performing. Among the main risk components, the Probability of Default (PD) and the Loss Given Default (LGD) have been the subject of greater interest for research. In this paper, logit model is used to predict both components. Financial ratios are used to estimate the PD. Time of recovery and presence of collateral are used as covariates of the LGD. Here, we confirm that the main driver of economic losses is the bureaucratically encumbered recovery system and the related legal environment. The long time required by Italian bureaucratic procedures, simply put, seems to lower dramatically the chance of recovery from defaulting counterparties.

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23

Shepel, Tamara V. "Rethinking the purpose of the institution of obligations from causing harm in modern conditions". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n.º 42 (2022): 188–200. http://dx.doi.org/10.17223/22253513/42/16.

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There are several types of obligations and infliction of harm: a) a tort obligation, the basis of which is a tort; b) an obligation to inflict harm by lawful conduct; c) an obligation to inflict harm by the wrongful conduct of incapable citizens; d) an obligation to suppress activities that create a risk of harm in the future, which can only conditionally be attributed to obligations to inflict harm. Among the types of obligations from the infliction of harm, the doctrine does not name obligations to compensate "non-contractual" losses. However, the Civil Code of the Russian Federation provides for many rules on their compensation: in case of abuse of right; in case of invalidity of transactions; in case of bad faith conduct of the parties in negotiations on the conclusion of the contract, etc. Determining the nature of the obligation to compensate for such losses depends on understanding the relationship between damages and losses. Different views have been expressed in the literature. We consider damage to be a generic notion, while damages are a kind of it, a monetary form of damage. The nature of damages is also ambiguously understood in the doctrine. There is an opinion that damages are not a measure of liability and that they represent any loss in property. We believe that a broad understanding of damages contradicts the law and judicial practice. The nature of the obligation to compensate extra-contractual damages has not been sufficiently explored in the doctrine. It has certain features inherent to the obligation of infliction of harm: 1) it arises upon infliction of harm (losses); 2) it is pecuniary; 3) it is subject to the principle of full compensation for damages; 4) not only the one who inflicted the damage, but also other persons may be obliged to compensate losses; 5) its execution is performed in favor of the victim; 6) it is relative, legal relationship of active type, one-sided. At the same time, the obligation to compensate extra-contractual losses has peculiarities: 1) the basis for its emergence is only a tort with full composition; 2) it arises in violation of relative, not absolute, civil rights, such as corporate rights; 3) compensation for extra-contractual losses is conditioned by infliction of damage only to property rights; 4) it applies only measures of responsibility - compensation for damages; 5) this obligation is always pecuniary. Chapter 59 of the Civil Code is not designed for a variety of cases of non-contractual damages, in the norms of this chapter the tort is understood narrowly, as direct infliction of harm to life, health or things, but not the relative property rights of the victims. Special torts have long been known. There is none among them that could be applied to the named cases of extra-contractual damages. A rethinking of the purpose of the institute of obligations from the infliction of harm, giving it a universal character, is required. Measures are proposed to improve the rules of Chapter 59 of the Civil Code of the Russian Federation.

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Zlatev, Zlatin. "Vanessa Wilcox, A Company's Right to Damages for Non‐Pecuniary Loss, Cambridge: Cambridge University Press, 2016, 192pp, hb £72.99, pb £21.99." Modern Law Review 82, n.º 5 (28 de julio de 2019): 969–73. http://dx.doi.org/10.1111/1468-2230.12436.

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Jilkine, V. A. "Information Wars and Sanctions of the International Olympic Committee as Means of Political Pressure on the Russian Sport and Public Opinion". Russian Journal of Legal Studies 5, n.º 3 (15 de septiembre de 2018): 22–28. http://dx.doi.org/10.17816/rjls18376.

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Combating doping has turned into a subject of harsh political pressure on Russia and the Russian public opinion in the run-up to the presidential elections in Russia in 2018. The Executive Board of the International Olympic Committee has suspended the activities of the Russian Olympic Committee and allowed the Russian athletes to perform in PyeongChang Games-2018 under the Olympic f lag in the status of «Olympic Athletes from Russia». The article considers the violated fundamental principles and norms of the international law and the human rights enshrined by the Universal Declaration of Human Rights and the Convention for the Protection of Rights and Fundamental Freedoms and guaranteed by constitutions of civilized states and by the Olympic Charter Rules. The decline of Russian representation in international organizations has resulted in the violation of the fundamental principles and essential values of Olympism, the Olympic Charter and in infringement of human rights and liberties. The Olympic Charter permits the athletes to challenge penalties relating to participation in the Olympic Games exclusively in the Court of Arbitration for Sport (CAS). The study of judicial practice and legal precedents in national courts gives credence to the right of any person/entity to judicial protection of honour, dignity and business reputation from distribution of unfaithful defamatory information and to the right to demand compensation of losses and non- pecuniary damage at civil courts.The article gives some examples of athletes applying to the national courts with legal claims for compensation for professional and non-pecuniary damage. The issues of defence of the National Olympic Committee, the Paralympic Committee, the interests and professional reputation of athletes of the great sporting empire should be handled originally at the governmental level, with involvement of international law counsellors. It is necessary to reform the sports system and the anti-doping laws. WADA (World Anti-Doping Agency) activities and the sport management system should be transparent, comprehensible and verifiable.

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Cabrelli, David. "Vanessa Wilcox, A Company’s Right to Damages for Non-pecuniary Loss (Cambridge University Press 2016). xxxiv + 192 pp. ISBN 9781107139275. £21.99 (hardback)." Journal of European Tort Law 10, n.º 3 (10 de enero de 2020): 320–22. http://dx.doi.org/10.1515/jetl-2019-0125.

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Kyselova, O. I. y M. Soldatenko. "Practice of compensation for moral damage in labor law of Ukraine and foreign countries". Legal horizons, n.º 26 (2020): 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.

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The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.

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Тараканов, Антон y Anton Tarakanov. "Development and Peculiarities of Compensation Function Formation in the Russian Law". Journal of Russian Law 3, n.º 10 (5 de octubre de 2015): 0. http://dx.doi.org/10.12737/13261.

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Compensation function of rules of law is considered at various stages of formation and development of the Russian state and the Law. The legal norms in the Ancient Russian law which expressed compensation function are identified and analyzed. In the Ancient law the opportunity to protect economic as well as moral benefits was fixed. Standards of Russian Truth performed the compensatory function. In the study of the penal system of that period the elements of liability and compensation of non-pecuniary damage are identified. It is suggested that modern legal institutions of compensation for material and moral (non-property) damage originate from the earliest written records of the ancient Slavs. The improvement and strengthening of the compensation standard functions contained in the Code of Law in 1497 and 1550 are analyzed. There is a significant development of compensatory function in the rules the Conciliar Code of 1649. The author considers the further development of the compensation function of the law in connection with the adoption of the Law "On conscientious possession" 1851. The legislation of the Soviet state which was used exclusively for compensation for material damage is analyzed. There is a growing function of the compensation law in connection with its reform of 1990 and the construction of all branches of the law on the principle of full compensation for losses.

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Biloshkurska, Z. P. y O. A. Polishchuk. "Economic and legal responsibility for non-fulfillment or improper fulfillment of contractual obligations". Collected Works of Uman National University of Horticulture 2, n.º 97 (28 de diciembre de 2020): 126–42. http://dx.doi.org/10.31395/2415-8240-2020-97-2-126-142.

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The article covers the issue of legal liability for non-fulfillment of contractual obligations in the field of management. Issues of liability are regulated in accordance with current legislation — the Civil Code of Ukraine, the Commercial Code of Ukraine, and other regulations. They regulate the obligations of the parties to properly perform their obligations under the contract, which are guaranteed by measures of property liability imposed on the party that does not perform them to the other party or performs them improperly. The economic and legal responsibility depending on the types of economic offenses and the sanctions established for these offenses is investigated. For the first time in legislative practice, the Commercial Code of Ukraine proposed such a universal sanction as compensation for damages. Its universality lies in the fact that damages are not a sanction of a predetermined amount; their recovery (compensation) is provided in case of any economic offense, unless otherwise expressly provided by law. The article also provides a definition of non-pecuniary damage and the procedure for its compensation. The norm is new for economic legislation and it no longer applies to the offender, but to the injured party, ie the party in whose sphere of activity the losses occurred. The latter is obliged to take all necessary measures to minimize damages if it has been warned in a timely manner by the offender about the possible non-fulfillment of his obligation. Otherwise, the injured party is deprived of the right to compensation. The article covers the issue of joint and several compensation for damages caused by several participants in economic relations at the same time. The issue of voluntary compensation for damages, as well as the issue of filing claims and lawsuits were also considered.

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30

Medytskyy, Ihor. "Consequences of sexual violence: criminological dimension". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, n.º 1 (30 de marzo de 2020): 140–47. http://dx.doi.org/10.31733/2078-3566-2020-1-140-147.

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The article substantiates the need to activate criminological knowledge of the fundamental problem of the consequences of crime. The consequences of sexual violence, their parameters, levels of manifestation, the addressees of causation, the «price» and other points are of theoretical as well as practical interest. It is suggested that the material consequences of sexual violence be considered as various forms of causing physical violence, materialized in the consequences: death, violation of the anatomical integrity and physiological function of organs and tissues of the person; as well as economic losses related to the temporary or permanent withdrawal of a person from the sphere of social relations and the response of state or public institutions to a crime. Formulated author's definition of intangible consequences of crime as generated by crime for the individual, society, state of consequences of undeclared nature, forms of manifestation of which cause mental (moral) harm to individuals, as well as non-pecuniary damage to legal entities of the public and private society. At the individual level, the non-material consequences of sexual violence are post-traumatic and mental disorders of victims of crimes by individuals. On the basis of the provisions of criminological science, legal psychology, medicine, the material and intangible consequences of sexual violence were analyzed, taking into account the criminal statistics. It is emphasized that obtaining objective and up-to-date data on criminal practices of sexual violence in Ukraine is a paramount condition for the formation of an information base for the socio-legal assessment of the relevance of combating this type of crime. Despite the incompleteness and inconsistency of official statistics data, the high latency of detecting and fixing post-traumatic and mental disorders of sexually abused victims, the lack of effective algorithms for calculating their «price», collecting this criminologically relevant information, and facilitating the development of action.

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31

Olejniczak, Adam. "Law of obligations in Poland: Selected issues". Pravovedenie 65, n.º 1 (2021): 62–75. http://dx.doi.org/10.21638/spbu25.2021.104.

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The article provides a brief overview of the Polish law of obligations. In particular, the main sources of obligations are briefly presented, i. e., contracts, torts and unjust enrichment. Special attention is paid to mutual obligations, joint and several obligations, pecuniary obligations and obligations deriving from consumer contracts. The article discusses the legal instrument for concluding a contract such as preliminary contract, and also performance, discharge and remedies for breach of contract. In particular, the consequences of delay in the performance of an obligation and the types of such delay are considered. The author pays special attention to the issues of liability for non-performance of obligations, in particular, compensation for losses from non-performance. The article reveals the content of the pacta sunt servanda principle in Polish law and the existing exceptions to this rule. Such a method for the termination of an obligation is specifically considered, in addition to its performance, as a set-off. The author presents different measures that may discipline the parties to perform the obligation, such as contractual penalties and earnest money deposit. Finally, the article addresses the notion of damage, principles of liability and obligation to compensate. When describing the obligations from unjustified enrichment, special attention is paid to the fact that the loss of enrichment excludes its reclamation from the enriched person if he lost the enrichment without knowing about the obligation’s existence. In regard to tort law, it is emphasized that there are cases of innocent liability for causing harm in Polish law as an exception to the general rule. Only illegal actions or omissions can be qualified as guilty and entail responsibility. Polish law does not recognize the general obligation to refrain from causing harm. The culpability of misconduct is presumed. In some cases, the behavior cannot be recognized as illegal, even if it violates the general prohibition established by law. In particular, this concerns causing harm in the case of necessary defense, extreme necessity, permissible self-help and in a number of other cases.

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32

Fuglinszky, Ádám. "The Immanent Tensions of ‘Compensation’ of Loss of Life – A Multidimensional Model and Some Global Thoughts Based on the Recent Legislative Reform in Hungary". Journal of European Tort Law 13, n.º 3 (1 de diciembre de 2022): 302–34. http://dx.doi.org/10.1515/jetl-2022-0015.

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Abstract Immanent tensions of tort law vibrate apparently with greater amplitude regarding the so-called ‘loss of life’ claims of secondary victims (family members) for non-pecuniary damages. The loss of a loved one cannot be expressed in terms of money, yet tort law attempts to do so. Deterrence and punishment are basically alien to civil liability (at least in the civil law tradition), but there is an element of punishment involved. It is impossible to serve two masters; nevertheless, both predictability of law and individual justice are sought at the same time. There is a constant fear of unfounded claims, yet there is also a tendency to release the surviving family member(s) from the burden of proving feelings that are difficult to quantify (if possible at all). In this paper, a multi-dimensional model is created for a better understanding, based on those tensions and the possible combinations of solutions provided by the legal systems to them. While some contrasts are highlighted (eg first, having legislative acts according to which particular relatives are entitled to compensation and in what particular amount; or on the contrary, leaving matters to the discretion of the trial judge; and second, whether the degree of relation matters and/or emotional proximity is crucial), reference is also made to the still unanswered basic questions, such as what actually is the loss to be compensated: the grief and sorrow felt in itself, the aggravation of the claimant’s own life (among others, loss of guidance, care and companionship), the loss to the integrity of the family as a value, or finding the energy to deal with the loss and therefore not investing in other constructive purposes or life goals? The analysis of the author’s own legal system, ie of the Hungarian approach, recently rich in variety, and some additional comparative remarks provide the first test of the model and allow some general conclusions.

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Verheij, Albert J., Emil F. Verheul y Grietje T. De Jong. "Legal Ignorance in the Netherlands". European Review of Private Law 29, Issue 2 (1 de abril de 2021): 311–36. http://dx.doi.org/10.54648/erpl2021016.

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This contribution considers the role of legal ignorance in Dutch private law. After a short description of the debate on legal ignorance by Dutch scholars, the article focuses on three areas: contract law, tort law and limitation periods. With respect to contract law, this article shows that courts allow for the nullification of a contract due to mistake of law in special circumstances: when the mistaken party was a foreigner or illiterate or when the other party was an expert who gave misinformation about relevant legal provisions. In the field of tort law, the article first examines case law in which public bodies were held liable for unforeseeable case law by the highest administrative court. It is argued that these decisions should be viewed as a manifestation of the fact that court decisions on liability have retroactive effect. Second, in relation to survival of claims for non-pecuniary losses, it is submitted that the Supreme Court seems to interpret notifications by relatives of the deceased victim generously in order to protect them against their legal ignorance. The article then examines case law by the Supreme Court that holds that legal ignorance does not preclude the commencement of prescription periods. However, when wrongful (legal) advice results in a loss, the Supreme Court ruled that the prescription period governing the client’s claim does not start running immediately because he will initially rely on the correctness of the advice. Regarding expiration periods and legal ignorance, the Supreme Courts seems to make a distinction between contractual and statutory expiration periods. The article concludes by considering the prospects for legal development in this area. It is argued the question who should bear the costs of legal ignorance is a matter of risk distribution. Where the risk lies, should depend on the weighing of various factors by the courts, notably the nature of the respective parties and of the interests involved and whether or not the legally ignorant person can claim compensation from a third party such as an attorney or an insurer.

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34

Minkovskyi, V. V. "CIVIL LIABILITY FOR MISUSE OF A TRADEMARK ON THE INTERNET". Actual problems of native jurisprudence 1, n.º 1 (3 de marzo de 2021): 46–49. http://dx.doi.org/10.15421/392110.

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The article considers the problematic issues of civil liability for misuse of a trademark on the Internet, namely: insufficient legal regulation of civil relations in the field of trademark use on the Internet; lack of a clear mechanism for establishing the owner of a website on which a trademark is illegally used; lack of a clear mechanism for determining the amount of non-pecuniary damage caused by the improper use of a trademark on the infringer’s website; lack of a clear mechanism for determining the amount of damages and lost profits for improper use of the trademark on the infringer’s website. It is proposed to solve these problems by making changes and additions to current legislation and the adoption of new regulations, as well as by creating a Unified State Register of website owners, following the example of the WHOIS database. Variants of illegal use of the trademark in the technical part of the website, namely in the meta tags keywords, title, description, are considered. In addition, special attention is paid to the analysis of the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, which revealed two approaches to calculating the amount of damage determining the amount of damages caused by a civil offense. Also, the analysis of the norms of the Civil Code of Ukraine, the Law of Ukraine “On protection of rights to marks for goods and services”, the Law of Ukraine “On protection of personal data”, which regulate this industry. Also, doctrinal researches of scientists concerning compensation of moral damage and losses, ways of illegal use of a trademark on the Internet are considered. Thus, within the framework of consideration of the specifics of moral damage, the subjective side is analyzed, namely the guilt of the offender. Problematic issues are considered, namely the violation of the violator’s illegal behavior and cases of creating a website on request.

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35

Kryla-Cudna, Katarzyna. "Breach of Contract and Damages for Non-Pecuniary Loss". SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3183680.

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Lindenbergh, Siewert D. y Tammo Wallinga. "Compensation of Non-pecuniary Loss in The Netherlands: Past, Present, Predictions". Chinese Journal of Comparative Law, 12 de agosto de 2015, cxv009. http://dx.doi.org/10.1093/cjcl/cxv009.

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37

Magnus, Ulrich. "Damages for Non-pecuniary Loss in German Contract and Tort Law". Chinese Journal of Comparative Law, 12 de agosto de 2015, cxv011. http://dx.doi.org/10.1093/cjcl/cxv011.

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38

Ali Mohamed, Ashgar Ali, Mohd Akram Shair Mohamed y Farheen Baig Sardar Baig. "RECOVERING NON-PECUNIARY LOSSES IN BREACH OF EMPLOYMENT CONTRACT UNDER MALAYSIAN LAW". IJASOS- International E-journal of Advances in Social Sciences, 30 de abril de 2017, 81. http://dx.doi.org/10.18769/ijasos.309488.

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39

Visscher, Louis T. "Time is Money? A Law and Economics Approach to ‘Loss of Time’ as Non-Pecuniary Loss". SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2005715.

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40

Visscher, Louis. "Time is Money? A Law and Economics Approach to ‘Loss of Time’ as Non-pecuniary Loss". Journal of European Tort Law 5, n.º 1 (1 de enero de 2014). http://dx.doi.org/10.1515/jetl-2014-0002.

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41

Visscher, Louis T. y Vaia Karapanou. "Non-pecuniary Losses in the Economic Analysis of Torts: a Plea forEx AnteDetermined Damages". Chinese Journal of Comparative Law, 12 de agosto de 2015, cxv010. http://dx.doi.org/10.1093/cjcl/cxv010.

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42

Halson, Roger. "The Recovery of Damages for Non-Pecuniary Loss in the United Kingdom: A Critique and Proposal for a New Structure Integrating Recovery in Contract and Tort". Chinese Journal of Comparative Law, 27 de septiembre de 2015, cxv008. http://dx.doi.org/10.1093/cjcl/cxv008.

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43

Saliba, Aziz Tuffi y Lucas Carlos Lima. "The Law of State Immunity before the Brazilian Supreme Court: what is at stake with the “Changri-La” case?" Revista de Direito Internacional 18, n.º 1 (6 de agosto de 2021). http://dx.doi.org/10.5102/rdi.v18i1.7915.

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It was 1943 when the Changri-La fishing boat and its ten fishermen crew disappeared near Cabo Frio, Rio de Janeiro. But only in 2001 the Tribunal Marítimo da Marinha do Brasil recognized that the vessel had been sunk by a German submarine. The relatives of the victims sought compensation at the Brazilian courts for its material damages and non-pecuniary losses. However, they stumbled upon a customary norm of Public International Law: the rule prescribing that a State is entitled to immunity in respect of acta jure imperii before the domestic courts of another State. After a long journey within the Brazilian courts, the case reached the Supremo Tribunal Federal (STF) – the Brazilian Supreme Court, which blends functions of constitutional review and court of last appeal – and in March 2021, the trial finally started. In the Extraordinary Appeal with Interlocutory Appeal (ARE) 954858 – currently suspended after Justice Alexandre de Moraes’ request to see the records –, it is discussed whether human rights violations are an exception to the rule of States’ sovereign immunity. While the case has not yet reached a conclusion, some Justices have already expressed their legal views – their votes, as they are called in the Brazilian Supreme Court – offering potential outcomes for the discussion. In this essay, we analyze two issues present in some of the votes: absence of proper engagement with international legal arguments, revealing a detachment from international law, and the possible consequences of the thesis proposed by the reporting Justice, Edson Fachin. Our endeavor is both to comment and to explain what is at stake with the Changri-la case.

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