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1
Korotkih, A. "LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES." Social Law, no. 2 (April 26, 2019): 52–57. http://dx.doi.org/10.37440/soclaw.2019.02.07.
Анотація:
The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.
2
Taylor, Simon. "Extending the Frontiers of Tort Law: Liability for Ecological Harm in the French Civil Code." Journal of European Tort Law 9, no. 1 (May 3, 2018): 81–103. http://dx.doi.org/10.1515/jetl-2018-0102.
Анотація:
AbstractIn August 2016 the French Parliament adopted legislation introducing civil liability for ecological harm into the civil code. Since tort law is traditionally concerned with the compensation of harm to individuals, the recognition of ecological harm as a basis of liability extends the boundaries of tort by requiring an alternative approach to what constitutes harm, who will have standing to bring claims and what remedies are appropriate. Through a discussion of the French reform, this article analyses the issues raised in adapting civil liability to deal with ecological harm and considers how French law seeks to overcome the challenges that these issues present. The article also reflects on whether the new civil code provisions are likely to provide an attractive model for reform in other legal systems by considering the extent to which they may represent an effective additional source of environmental protection in France and prove financially sustainable.
3
Lee, Dong-Jin. "Hospital’s Organizational Duty: Civil and Criminal Liability." Wonkwang University Legal Research Institute 28 (December 31, 2022): 31–59. http://dx.doi.org/10.22397/bml.2022.28.31.
Анотація:
As more and more medical service is provided by hospital, a new basis of medical liability, hospital’s organizational duty, has arisen. Hospital typically differentiates various parts of medical service and allocates them to different departments. The division of labor enhances the efficiency and professionality of the service and enables a service which could not have been provided otherwise. It poses, however, new risk that nobody in the organization has a comprehensive understanding of and control over the process. Patients might be unattended by anybody at some point of the process. This risk should be coped with or compensated by the new duty to organize the structure and cooperation in the hospital adequately. In many jurisdictions including Germany, France, the United States and South Korea, this new duty has been acknowledged by legislation and more importantly by jurisprudence. All those show similar landscapes: Hospital’s organizational duty has a function to enlarge hospital’s (civil) liability and/or concentrate medical (civil) liability to the hospital so as to provide the victim, the patient, a better way to be compensated and to preserve the rapport between the attending physician and the patient. It also has a function to lessen the burden of proof from the patient’s side, especially in the context of hospital contagion. It poses a new problem of the influence of the existence and weight of hospital’s own liability for the defective organization upon the individual physician’s medical liability. Last, but not least, there is the problem of the implication of the existence of organizational duty upon the medical criminal liability. This issue has not been addressed thus far perhaps because there are few cases in criminal justice practice. It’s theoretical importance can hardly be exaggerated, though, as it shows dramatically the structural transposition of modern medical service provision and its possible influence on the overall regime of modern medical liability. South Korea has already a few cases that show this issue can arise anytime in practice.
4
Rosembuj, Flavia, Matthias Berger, Karen Aitchison, Amel Al-Shajlawi, Bob Martens, Els Empereur, Bruno Kern, and Dominique Vienne. "Environmental Risks on Acquiring a Company in Possession of Contaminated Land." European Energy and Environmental Law Review 8, Issue 7 (July 1, 1999): 201–7. http://dx.doi.org/10.54648/eelr1999030.
Анотація:
Environmental risks on the acquisition of a company in possession of contaminated land; the possible transmission of liabilities from a subsidiary company to a parent company; a comparative study of Belgium, France, Germany, Spain and the United Kingdom, examining the legal framework and the corporate liability regime in each; conclusion that there is an increasing view that soil protection is more likely to be best regulated by effective administrative law than by a system of civil liability.
5
Beran, Karel, and David Elischer. "Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law?" Review of Central and East European Law 44, no. 1 (March 28, 2019): 58–90. http://dx.doi.org/10.1163/15730352-04401003.
Анотація:
According to the new Civil Code, adopted in the Czech Republic in 2012 (“2012 Civil Code”), ‘strict liability’ (or ‘no-fault liability’) is no longer considered ‘liability’ in the traditional sense of the term. The declared concept of the Civil Code is based on the premise that the notion of ‘liability’ should be limited only to cases where a person can be held liable based on their culpability (fault). All other cases, denoted by the doctrine as the opposite to ‘fault-based liability’ (or more accurately, liability based on culpable conduct), that is, ‘no-fault’ or ‘strict’ liability, are – in actual fact – no longer conceived or designated by the Civil Code as ‘liability’ (in Czech: odpovědnost). They are rather constructed as a legal duty to compensate harm. This begs the question whether unlawfulness can be considered a prerequisite for the duty to compensate harm. The authors argue that the answer to this question depends on what the unlawfulness relates to – whether an unlawful act or an unlawful state of affairs. Their argument builds on the premise that unlawful acts are linked to an individual’s conduct, where both the reason and the will of the individual are present and, as a result, such unlawful acts are based on the individual’s culpability (fault). On the other hand, what is typical of an unlawful state of affairs is that the law has been violated, not because someone acted contrary to it, but rather because the rights of the aggrieved party were infringed. The authors conclude that an unlawful state of affairs is a general legal fact which covers all cases of ‘strict’ (or ‘no-fault’) liability and even a breach of contractual obligations. The authors develop their premise not only within Czech law, but also through comparison with other jurisdictions (France, Germany, and Austria), and analyze the potential of and limits to such approach.
6
ABOLHASANI, Hamid, Alireza Enteziri, and Saeed Shariati. "A Comparative Study of the Multiplicity of Causes in Civil Liability in Cyberspace in Iranian and Russian Law." Право и политика, no. 7 (July 2023): 1–17. http://dx.doi.org/10.7256/2454-0706.2023.7.40945.
Анотація:
One of the new manifestations of civil responsibility is the harmful behavior of a person or persons in the context of cyberspace, which ultimately leads to material and moral harm in this cyberspace. This research, which is prepared and organized in a descriptive-analytical way, the topics discussed have been centered around the answer to the question that basically, how is the civil liability for multiple reasons realized in the virtual space and what are the points of commonality and difference between the laws of Iran and the laws of Russia in this regard. The results and findings of the research in this regard confirm that in Iranian law, considering that there is no specific mechanism for the occurrence of civil liability in the virtual space, relying on the general and traditional doctrines of civil liability, with regard to the element of fault, responsibility can be held and imposed it equally or jointly on several grounds, but in Russian law, there is a separate mechanism regarding financial and moral civil responsibility in cyberspace, which due to the strict approach of this country towards cyberspace, assigns a kind of responsibility even in the assumption of no fault, it will impose civil responsibility on the perpetrator of the damage, while in the case of multiple causes, like in some other European countries such as Germany and France, joint and several liability has been given a higher price.
7
Nästega°rd, Emil. "The Tort Liability of CRAs in Europe and the Need for a Harmonized Proximity Requirement at the Union Level." European Business Law Review 31, Issue 5 (September 1, 2020): 799–818. http://dx.doi.org/10.54648/eulr2020030.
Анотація:
The union-wide civil liability regime for credit rating agencies relies on the national private laws of the Member State to a large extent. To prevent credit rating agencies from shopping for the most restrictive national private laws it is important that the Member States find common ground with respect to the interpretation and application and of central liability elements, such as the proximity requirement. This article focuses on identifying proximity requirements in the national tort laws of England, France, Germany and Sweden and commonalities regarding their application and interpretation. Such commonalities can form the basis for a harmonized interpretation and application of the proximity requirement in CRA liability cases. Pure economic loss, rating agencies, proximity requirement, tort liability, European private law, harmonization
8
Hornyák, Zsófia, and Roland Lindt. "Liability rules protecting waste management in the light of the right to a healthy environment." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 18, no. 35 (December 18, 2023): 31–48. http://dx.doi.org/10.21029/jael.2023.35.31.
Анотація:
Some European countries use a complex system of liability to protect the environment through civil, criminal, and administrative law. The purpose of this work is to present and evaluate the constitutional background of the complex liability system protecting the order of waste management in Hungary, in addition to examining the constitutional provisions of three Western European countries – namely France, Spain and Germany – in relation to the topic. Paying particular attention to how the Constitution of the given country regulates the right to a healthy environment.
9
Boskovic, Olivera. "A RESPONSABILIDADE CIVIL DAS EMPRESAS GIGANTES DA INTERNET." Law, State and Telecommunications Review 12, no. 1 (March 16, 2020): 159–86. http://dx.doi.org/10.26512/lstr.v12i1.30003.
Анотація:
Objective ”“ The article offers an original contribution to the debate about the application of substantive law and the eligible jurisdiction that should judge the liabilities disputes between the so-called Internet giants' enterprises and the users.
Methodology/approach/design ”“ The article brings a bibliographical and case law review of both France and the European Union about International Private Law applicable to the liability violations made by the so-called Internet giants' enterprises.
Findings ”“ The article shows a legal theory central problem, which is the best way to define both the substantive law and the jurisdiction that should judge transfrontier liabilities in legal cases. The best solution would be to apply the so-called focus theory, i.e. the application of the substantive law and the jurisdiction following the local where the damage happens. Notwithstanding, this general application of the focus theory could impose limits on the future substantive reparation that the courts may grant to the victims. Besides, such general application collides with the traditional forum selection clauses that the giant Internet firms usually use to demand that the judgment of liability lawsuits solely by the United States courts.
Practical implications ”“ The article is an important introduction to the choice of substantive law and jurisdiction applicable to the liability lawsuits filed against the giant Internet enterprises. This debate has a clear practical application that will become more important as the European Union General Data Protection Regulation (GDPR) enters in force and prescribes its transfrontier application.
Originality/value ”“ The article enlightens a very important legal debate about the European Union Law that has some regulations (Rome I, Rome II, and Brussels I) to prescribe what substantive law and which jurisdiction may be of use to judge civil liability violations. This legal debate will grow in importance since the GDPR will give motives to a whole lot of new lawsuits about data protection.
10
Sage, Yves-Louis. "Reinforcing the Rights of the Victim in the French Law on Civil Liability." Victoria University of Wellington Law Review 28, no. 3 (June 1, 1998): 543. http://dx.doi.org/10.26686/vuwlr.v28i3.6060.
Анотація:
In the last century the system of civil liability in French law has moved from being fault based to a system of guarantee, motivated by the desire to provide indemnity to victims. This shift occurred in the common law of France and has been complemented by significant legislative intervention. In this article Dr Sage explains the role and operation of the legislative methods of reinforcing the rights of victims and, in particular, the operation of the guarantee systems established by the state for road accident victims, for the victims of hunting accidents, of criminal injuries, of acts of terrorism, and for persons who have received transfusions of blood contaminated by the AIDS virus.
11
Petrov, V. "Joint and several liability and separate liability of the heirs for hereditable obligations – short comparative and historical overview." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 114–16. http://dx.doi.org/10.33531/farplss.2018.4.21.
Анотація:
The article researches the different approaches for regulation of the liability of the heirs for hereditable obligations. Historical and comparative researches were made. The European legislations can be divided in two big groups. The legislations form the first group set a separate liability of the heirs - each one of them owes only a part of the debt equal to his share of the estate. The legislations of France, Ukraine, Bulgaria, etc. are included in this group. The legislations from the second group govern joint and several liability for the heirs. A creditor of the estate has a right to demand an enforcement of the whole size of hereditable obligation from one of the heirs and this enforcement releases all of the heirs from their liability. This group includes the civil legislations of German, Switzerland, Spain, Russian federation, Macedonia, etc. The author position is that the separate liability is more proper for regulation of the heir’s liability for hereditable debts. Historical, comparative and theleological methods are used for proof of this thesis. The historical development of this liability from Roman private law is traced and researched. A short overview of the aims of each one of the two kinds of liability is made in the article. The joint and several liability protects only the interest of the creditors of the estate. It is considered in the doctrine as a debt security. The separate liability protects the interest not only of the creditors, but of the heirs too. But only the liability for divisible obligations is separate. The liability for indivisible obligations is joint and liability. The separate liability can’t be applicable for them because of the specific of this kind of obligations.
12
Ishii, Nobuki. "Civil liability for accidents during sport activities: A study focusing on sports organizations in France." Taiikugaku kenkyu (Japan Journal of Physical Education, Health and Sport Sciences) 58, no. 2 (2013): 637–62. http://dx.doi.org/10.5432/jjpehss.12083.
13
Oldenhuis, Fokko T., and Aurelia Colombi Ciacchi. "Liability for Defective Immovable Property: The Hammock Case in a Comparative Perspective." European Review of Private Law 22, Issue 1 (February 1, 2014): 89–92. http://dx.doi.org/10.54648/erpl2014005.
Анотація:
Abstract: Can joint owners of a defective property - or an immovable object thereon - hold each other non-contractually liable for injuries suffered as a result of the defect? This is a question that has substantial societal effects and requires a somewhat legal-political solution. In 2010, the Dutch Supreme Court (Hoge Raad) faced this exact dilemma in the Hammock case. Aside from examining that specific decision, this comparative law project ascertains how such a case would be resolved in six other European jurisdictions - Germany, France, Belgium, Italy, England, and Ireland. Is the solution reached in common law jurisdictions different than that in civil law jurisdictions? Or do completely divergent outcomes arise within similar legal systems? Will the outcome be different if the relevant rules are strict-based liability as opposed to fault-based liability? By contributing to this rather under-explored area of non-contractual liability law, this project sheds a welcome light on these questions. In doing so, it becomes evident that any legal-political solution to the Hammock scenario would entail ample debate among relevant academics and practitioners.
14
Wolski, Dominik. "The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 69–95. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.3.
Анотація:
In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and expressed in its Assumptions behind the Draft Act on complaints for damages caused by the breach of competition law. Subsequently, the principle of liability was assessed again at the reconciliation conference held at the Ministry of Justice. This is but a part of a broader discussion about the relationship between the rule of liability existing in national laws being applied to private enforcement cases and EU law as well as limitations arising from the latter. After outlining this interplay, the paper will briefly introduce solutions adopted with respect to the principle of liability in the context of private enforcement in selected European countries. The selection is not random, despite the fact that a limited number of countries has been analysed – eight including Poland. These include the most advanced EU Member States when it comes to private antitrust enforcement (such as the UK, Germany or the Netherlands), along with less developed examples (such as Italy or France), and even underdeveloped countries when it comes to the number and popularity of private antitrust litigations (such as Lithuania and Poland). This sort of analysis paints a relatively comprehensive picture of the adopted solutions in relation to the principles of liability governing private enforcement cases in Europe. The same is true for the issue of the burden of proof and presumptions/binding power in civil proceedings of decisions issued by competition authorities. Furthermore, what seemed to be crucial for the drafters of the Damages Directive, this sort of analysis makes it possible to formulate certain conclusions with respect to the relationship between the effectiveness of private enforcement in a given State and the adopted principle of liability. The final conclusions understandably focus on the Polish example, that is, the implementation of the Damages Directive into the Polish legal system.
15
Papp, Nikolett. "A munkahelyi egészségsérelmek kompenzációjának felelősségbiztosítási modellje Magyarországon és az Európai Unióban." Erdélyi Jogélet 3, no. 4 (January 26, 2021): 111–25. http://dx.doi.org/10.47745/erjog.2020.04.09.
Анотація:
"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers’ liability under civil or labour law) model. In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits. Employers’ liability schemes can be supplemented by voluntary liability insurance solutions. Liability insurance contracts protect both parties: employers are protected against unplanned payments, possibly large amounts of compensation, and the outcome of potentially unpredictable compensation lawsuits, while it means guaranteed coverage for the employee in case of damage. The introduction of compulsory liability insurance for employers is an issue that arises from time to time. In some countries, employers are required to take out liability insurance, such as the United Kingdom, Germany, France, and Austria. In insurance-based models, the route of compensation plays a marginal role. In Hungary, the penetration of liability insurance is low; however, there is currently no legislative intention to make liability insurance more extensive or mandatory for employers. In general, however, there is no universal model for accident compensation in labour law. There is no such benchmark at the European Union level either, and it can be said that there is no explicit intention to fully harmonize Member State regulations. In this study, I examine the consequences of the mandatory or wider application of liability insurance, the regulatory concepts that exist, and the role that the European Union plays in regulating the issue."
16
Oręziak, Bartłomiej, and Klaudia Łuniewska. "New Grounds for Civil Liability under National Law in the Light of Article 79 of the GDPR." Prawo w Działaniu 46 (2021): 223–32. http://dx.doi.org/10.32041/pwd.4611.
Анотація:
The subject of the paper is the functioning of Article 79 of the GDPR in the Polish legal system and in other countries. The above provision establishes the right to an effective judicial remedy against a controller or processor, which is to guarantee the protection of personal data in relation to the data subjects. The paper submits to a dogmatic and comparative analysis those regulations that concern the right to an effective legal remedy in the field of personal data protection based on the example of Polish legal regulations, but also with reference to France, Germany and Great Britain to comprehensively study solutions on the issues in question.
17
Faure, Michael G., and Karine Fiore. "The civil liability of European nuclear operators: which coverage for the new 2004 Protocols? Evidence from France." International Environmental Agreements: Politics, Law and Economics 8, no. 3 (July 2, 2008): 227–48. http://dx.doi.org/10.1007/s10784-008-9076-4.
18
Barabash, A. S., and A. L. Repetskaya. "Criminal bankruptcy: comparative analysis and problems of legislative regulation in Russian legislation." Siberian Law Herald 2022.2 (2022): 88–97. http://dx.doi.org/10.26516/2071-8136.2022.2.88.
Анотація:
The article presents a comparative analysis of the regulation of liability for criminal bankruptcy under the laws of the Russian Federation and countries such as the USA, Germany, Spain, France, Great Britain, Australia. At the same time, not only the current criminal legislation regulating liability for committing crimes in the field of bankruptcy was considered, but also other laws that carry out its legal regulation. Since the registration of crimes related to criminal bankruptcy in the Russian Federation is declining, they are poorly disclosed, and law enforcement practice often considers the actions of suspects as normal relations of economic entities regulated by the Federal Law “On Insolvency (Bankruptcy)” and the Civil Code of the Russian Federation, there are significant difficulties in attracting such persons to criminal liability. In this regard, solving similar problems in the legislation of other countries, identifying the most appropriate and effective ways of government response to criminal bankruptcies was the goal of this study. A comparative analysis of foreign and Russian legislation has shown that in other countries, when regulating liability for various types of criminal bankruptcy, other types of liability are more often used. As a result, it was concluded that criminal law does not always play a decisive role in counteracting criminal bankruptcy, which should be taken into account when improving Russian legislation in this area. This means that countering these economic crimes can be no less effective without the use of criminal repression, but at the same time, the level of inevitability of responsibility can be higher due to the use of other types of it.
19
Cha, Young-gyun, and Sung-Wook Kim. "Real estate disposition and the Effect of the Revocation of Fraudulent Transfer - Subject Case: The Supreme Court of Korea Decision 2015Da217980 on March 09, 2017." Korean Institute for Aggregate Buildings Law 48 (November 30, 2023): 223–44. http://dx.doi.org/10.55029/kabl.2023.48.223.
Анотація:
The title of this thesis is ‘Real estate disposition and the Effect of the Revocation of Fraudulent-Subject Case: The Supreme Court of Korea Decision 2015Da217980 on March 09, 2017-’. The obligor will be free to dispose of his own property at his will, and no obligee will be able to dispute it, but our civil law allows the obligee to interfere with the obligor’s liability in special cases in order to preserve the substantial value of the bond. Under the Korean civil law, the Obligee's Right of Subrogation to Obligor(the Subrogation Claim of a Creditor) and the Obligee’s Right of Revocation(the Revocation of Fraudulent Act) are in place. The Subrogation Claim of a Creditor allows the obligee to exercise the obligor's property rights on behalf of the obligor in the event that the debtor does not exercise his or her rights, thereby preserving the liability property. The Revocation of Fraudulent Act is the right that entitles the obligee to revoke fraudulent transaction and to claim restitution of its original status, in case an obligor prejudices and does harm to the obligee(s) by transferring his property to a third party and increasing debt and obligations over assets resulting in insolvency. The Revocation of Fraudulent Act under the Korean Civil Law was introduced by the Japanese Civil Law which was enacted following French models, and in the process, the concept of reinstatement was added along with cancellation. For this reason, a unique form of the Revocation of Fraudulent Act was developed which is basically similar to but different from that of France and Japan. On the basis of the relative nullification theory, the debtor cannot be a defendant in a suit to cancel the fraudulent act and considering the subjective scope of the judgment power in a suit to cancel an act of harm (article 218 of the Civil Procedure Act), in which only the beneficiary or the former beneficiary can be a defendant, the debtor is neither party or subject to a lawsuit (article 84 of the Civil Procedure Act) seems to be able to be regarded as having difficulty in settling the grounds for cancellation of the liability. This paper will examine the significance and limitation of the above decision, and also suggest the effective application of creditor’s revocation based on the relative effect of the revocation of fraudulent and the Article 407 of the Civil Act.
20
Dzikowski, Andrzej. "The Germanic Model of Liability for Diseases of Animals in Sale Transactions: Historical Heritage or the Dead Weight of Past Generations? Factors Affecting the Form of Legal Standards for Warranty." Animals 14, no. 11 (June 3, 2024): 1669. http://dx.doi.org/10.3390/ani14111669.
Анотація:
The subject of the analysis is the Germanic model of liability for the physical defects of animals examined through examples in Europe. Methods of legal analysis and interpretation are used. Contemporary (Austria, Belgium, France, Luxembourg and Switzerland) and historical examples (Germany and Poland) are examined and described. The characteristics of this model and the historical conditions which shaped the current legal state are demonstrated. It is shown where particular civil law systems in Europe have maintained the Germanic model of warranty to this day, where other systems have replaced it with another model and what factors have influenced this. The analysis is comparative in regard to legal systems and oriented toward veterinary science.
21
Faro, Antonio Lo, and Sylvaine Laulom. "Remedies for Unlawful Collective Action in France, Belgium, Italy and Spain." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 273–91. http://dx.doi.org/10.54648/ijcl2014016.
Анотація:
This article provides a comparative analysis of France, Belgium, Italy, and Spain demonstrating that in each of these countries the notion of unlawful strikes is fairly restricted. Whether considered from the point of view of the definition, the action taken, or its objectives, the probability of a strike being declared unlawful is not high, either due to the absence of detailed legislative rules, as in the case of France, Belgium, and Italy, or because of a fairly permissive constitutional interpretation of the existing rules, as in the case of Spain. As a result, if we turn our attention to the 'remedial' aspect of the four national systems under examination, we find a widespread perception according to which unlawful strikes do not play a key role in the overall scenario of collective action. More specifically, even though the principle that any tort must have its remedy is certainly not disputed in the countries concerned, it remains evident that, unlike what has happened in the Swedish follow-up to Laval, civil liability for damages does not play a key role in the current debate.
22
Foulon, Julie. "Recent developments in French environmental law: Recognition and implementation of ecological damage in French tort law." Environmental Law Review 21, no. 4 (December 2019): 309–17. http://dx.doi.org/10.1177/1461452919883441.
Анотація:
As a consequence of increased pressure on environment in Europe and beyond, the extent and variety of forms of environmental damage has broadened widely over the last decades. One key way to tackle this problem is, evidently, to ensure that damage that arise is properly repaired. Whilst provisions to secure environmental liability have been implemented in the EU context through the Environmental Liability Directive, the effectiveness of this Directive is still limited. In France, in order to surpass current impasses, the 2016 Biodiversity Law was recently enacted (adopted on August 8th, 2016), which creates a specific regime in French civil law for remedying ecological damage (defined as damage caused to nature itself). Three years after the introduction of France’s new approach to ecological damage, the present article reflects on the legal innovations and challenges of the reform, and explains how the new regime proceeds to remedy ecological damage. A key challenge here, as will be discussed, is that nature as such has not been recognised as having legal personality under the French legal system, which has traditionally been a key hurdle for securing compensation for environmental loss in the first place under tort law.
23
Parra, María Angeles, and Asunción Asín. "Cour de Cassation (France) 3 juillet 2002 - Damages for occupation of an immovable: ’culpa in contrahendo’ and unjustified enrichment under French and Spanish law." European Review of Private Law 13, Issue 1 (February 1, 2005): 67–78. http://dx.doi.org/10.54648/erpl2005004.
Анотація:
In this decision (Third Civil Division, 3 July 2002 RTD civ. 2002, 804 with ann. By Mestre and Fages) the French Supreme Court (Cour de Cassation) for the first time ruled that, in the case of negotiations for the sale of a building, the mere fact that one of the parties occupied the premises during these negotiations, even if this was with the owner?s consent, renders that party liable for payment of occupancy rent. This cannot be altered by the circumstance that the parties had abandoned their original plan by common consent or that liability for the fact that the contract did not come about cannot be specifically attributed to either of the parties.
24
Andrews-Speed, Philip. "The governance of nuclear power in China." Journal of World Energy Law & Business 13, no. 1 (March 1, 2020): 23–46. http://dx.doi.org/10.1093/jwelb/jwaa004.
Анотація:
Abstract China has the third largest fleet of nuclear power plants in the world, totalling more than 45 GWe at the end of 2019. With the current high rate of growth, its capacity will soon overtake that of France. The country’s nuclear power industry has suffered no serious accidents to date. Nevertheless, the poor safety record of some other heavy industries in China, combined with the rapid growth of civil nuclear power capacity, has raised concerns over the industry’s ability to prevent a serious accident. The organization, development and governance of China’s nuclear power industry reflects the high strategic importance that the government has placed on the industry over several decades. At the same time, it has taken steps to address domestic and international concerns over its ability to effectively govern nuclear safety and security. The country has become party to most major treaties and conventions relating to nuclear matters and has frequent interaction with the International Atomic Energy Agency. Despite many significant steps taken by the government, a number of questions remain concerning: the capacity and independence of the National Nuclear Safety Administration; the relatively incoherent nature of the body of laws, regulations and rules that govern nuclear safety and security; the absence of a clear legal basis for managing civil nuclear liability, especially in the context of an accident with transboundary consequences; and the quality of public participation, especially in the case of planned nuclear power plants.
25
Debruche, Anne-Françoise. "What is "Equity"? Of Comparative Law, Time Travel and Judicial Cultures." Revue générale de droit 39, no. 1 (October 20, 2014): 203–28. http://dx.doi.org/10.7202/1026985ar.
Анотація:
What is "equity"? Does it mean the same as the word "équité" in French ? Can the word "equity", used in an English or an American legal text, be translated readily by équité without being misleading? The answer to those two last questions is no. In the language of the common law, "equity" means something very specific and much more complicated than what we have in mind when we say équité in our civil law traditions. The present paper, adapted from a lecture given in Brasilia, attempts to shed some light on this awkward subject, as it compares the notion of équité in the French civil law tradition with the concept of equity indigenous to the English common law tradition. The mode of presentation used is that of the imaginary time machine: specialists of équité are thus interviewed one by one (Montesquieu, Portalis, Justice Magnaud) in chronological order, followed by English judges associated with the development of equity (Lord Coke, Chancellor Ellesmere and Lord Denning), Those historical figures use examples borrowed from their own time in order to illustrate the workings of équité/equity: in France the principle of liability for things and the abuse of rights theory, in England the trust, the estoppel and the injunction. As a conclusion, we discover that equity does not necessarily mean fair, and that équité has to express itself indirectly under the guise of judicial interpretation.
26
van Schoubroeck, Caroline. "Traffic Accident Compensation in Belgium: An Example for Europe?" Maastricht Journal of European and Comparative Law 10, no. 2 (June 2003): 199–213. http://dx.doi.org/10.1177/1023263x0301000205.
Анотація:
On June 10, 2002 the European Commission adopted a proposal for a new Motor Insurance Directive. One of the goals of this proposal is to ensure that pedestrians and cyclists are covered by the compulsory insurance of the vehicle involved in the accident. Examples of legislation which has already sought to do so includes the French law (Loi Badinter in France) and Swedish law. It may be less well-known that Article 29bis of the Belgian Act of 21 November 1989 on the insurance against civil liability regarding the use of motor vehicles is another example of national legislation providing such coverage, not only of pedestrians and cyclists but also of motor vehicle passengers themselves. Belgian law provides a specific compensation for bodily injury and death incurred by every victim of a traffic accident involving a motor vehicle, with the exception of the driver. This is so regardless of whether the driver or the victim is at fault or not. This paper gives a brief overview of the key features of this compensation regime and its subsequent statutory changes and places it within the context of the case law.
27
Smolyakov, Aleksandr. "Responsibility for theft of non-cash funds and digital currency in the countries of the Anglo-Saxon and continental systems of law." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (March 24, 2022): 151–56. http://dx.doi.org/10.35750/2071-8284-2022-1-151-156.
Анотація:
The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed.
Based on the analysis, the author concludes that in the legislation of foreign states of the Anglo-Saxon and Romano-Germanic systems, the subject of property crimes is defined through the category of «property». In England and the USA, property in general (including non-cash funds and cryptocurrency) can be the subject of any property crimes. In the countries of the continental system (in particular, in the Federal Republic of Germany, Austria, France), within this group of crimes, a subgroup of criminal acts that encroach only on things (for example, theft) is distinguished. It seems that in the domestic criminal law it is also necessary to single out a group of property crimes, which will include crimes against property. Accordingly, in order to solve the problem of the inconsistency of the title of Chapter 21 of the Criminal Code of the Russian Federation with its content, since the norms of this chapter protect not only objects of property rights (in particular, property rights), but also property rights (claim rights, etc.) that make up the content of obligations relations . It is proposed to clarify the title of Chapter 21 of the Criminal Code of the Russian Federation, heading it «Property Crimes» (taking into account the studied foreign experience). Thus, non-cash funds, which are not things and which are subject to the civil law regime of property rights, are more logical to recognize as the subject of 2property crimes», and not crimes against property.
28
Kurylo, Мykola, and Krystyna Kuzmenko. "Some aspects of the historical development of abuse of right in civil proceedings." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 222–27. http://dx.doi.org/10.36695/2219-5521.4.2020.39.
Анотація:
The article is the study of certain periods of the development of abuse of right in civil proceedings. It is noted that one can foundthe first references to the abuse of right and its consequences for the legal order as a whole, as well as prototypes of liability for its commission,in the ancient documents of Roman law.
It is substantiated that the Romans, in their understanding of the limits of the exercise of subjective rights, worked the way upfrom giving absolute freedom in its exercise to identifying typical cases of unfair behavior and reasonably prohibiting it in case of intentionsto cause harm to others. Actually, the intentions to cause harm to another person by one’s actions became one of the reasons forthe legislative description by Roman lawyers of the proper use of subjective right and the introduction of targeted restrictions on itsexercise, especially in the field of real estate.The abovesaid is mainly related to the subject of material civil law, however, it also matters for understanding the general contextof the development of the doctrine of abuse of right. The issues of the procedure for the enforcement of law, though not separated frommaterial law, were slightly developed in Roman law. In this regard, the concept of a lawsuit was of particular importance to the Romans.It is significant that even in Roman law, when determining the procedure for adjudicating disputes, special attention was drawnto the possible unfair actions of the litigation parties and methods of dealing with such actions. It was mainly about typical cases of fi -ling a case without merit or objecting to it.The study indicates that in spite of the collapse of the Roman Empire, the main developments and achievements of Romanlawyers in the field of private law were not lost. On the contrary, later they came into widespread use. The evidence of it is, for example,the so-called Italian canonical trial.According to some researches, in the legislation of this period, one can also find the reference to the prohibition of chicanery,that is actions formally meeting legal requirements, but carried out solely for the purpose of causing harm.It is proved that the search for the most effective means of dealing with the abuse of right continued at a new stage in the deve -lopment of the legal system of European states and owing to their successful reception of Roman law. The civil procedural legislationof Germany, France and England, having adopted the Roman idea on preventing the unlawful exercise of subjective right, demonstratedthe main approaches to a possible solution to the problem of abuse of civil procedural rights.
29
Renaudier, Philippe, Mai Phuong Vo Mai, Sylvie Schlanger, Nadra Ounnoughene, Pascal Breton, Stephane Cheze, Albane Girard, et al. "The Declining Risk of ABO Incompatibilities: Twelve Years of Hemovigilance in France." Blood 110, no. 11 (November 16, 2007): 2891. http://dx.doi.org/10.1182/blood.v110.11.2891.2891.
Анотація:
Abstract Background: ABO incompatibilities (ABOi) usually result from the failure to comply with Standard Operating Procedures (SOP). Continuous training (CT) is the main way to ensure their proper use in ultra-high security systems like civil aviation but little is known for transfusion. In France, SOP include a Beth-Vincent test at the bedside before the transfusion of Packed Red Cells (PRC). At the hospitals, Hemovigilance Officers (HO) are in charge of transfusion safety along with the settlement of traceability and the notification of all Adverse Effects (AE). If SOP and CT are requested by Law since 1993 for blood banks, they are only advised for hospitals even though the bedside Beth-Vincent test requires a special training. However, HO have more and more transposed the model of blood banks in hospitals especially since 2000. Objective: to describe time-trends of ABOi observed in e-fit, the French Hemovigilance database. Population and methods: All AE with “acute ABOi” as the final diagnostic were considered. Time-trends were studied according to the Box and Jenkins model (ARMA). Results: From 07/01/1994 to 12/31/2005, 79 106 AE were registered in e-fit, corresponding to about 30,000,000 Labile Blood Products (LBP) transfused. 304 (0.4%) were ABOi (1/107,850 LBP transfused). There were 183 men and 121 women with 81.3% of whom more than 40 years old. 205 patients (67.4%) received only PRC, 73 (24.0%) Platelet Concentrates (PC), 22 (7.2%) Fresh Frozen Plasma (FFP) and 4 (1.3%) more than a single LBP. 18 ABOi were fatal, possibly (4 cases) probably (4 cases) or definitely (9 cases) associated with a PRC, and 1 doubtfully with a FFP. Time-trends displayed 3 periods: (1) from 1994 to 1997 ABOi increased concurrently with the frequency of all AE notifications, (2) from 1997 to 2000 they reached a steady-state with 35 ABOi/year on average (1/70,000 LBP), (3) since 2001 they regularly decreased of 14%/year on average (13 ABOi for 2005 = 1/198,450 LBP). The localization of the failure to comply with SOP (i.e. hospital, blood bank or both) was studied for PRC. From 1997 to 2005, the liability of blood banks alone or along with hospitals remained stable (resp 0.42 and 2.58/year on average) whereas those of hospitals dramatically decreased (16.25/year from 1997 to 2000 and 8.6/year from 2001 to 2005). Conclusion: (1) ABOi are now 3 times less frequent than in 2000 ; (2) a notification bias is unlikely because both hospitals and blood banks are aware of traceability data that include the ABO phenotype for both the recipient and the LBP issued ; (3) CT applied on a nationwide basis seems to be the main factor to reduce ABOi in hospitals ; (4) a residual risk related to human errors seems to exist ; (5) the way to overcome that risk remains a matter of debate.
30
Piddubna, Victoriia. "Features of the legal status of political parties as legal entities: comparative-legal characteristics." ScienceRise: Juridical Science, no. 4(26) (December 29, 2023): 4–12. http://dx.doi.org/10.15587/2523-4153.2023.294272.
Анотація:
In the article, the author examines political parties as subjects of civil relations. The characteristics of political parties as legal entities are analyzed: organizational unity, which is expressed in the fact that parties, as organizations, have a certain structure and a system of bodies; the sign of separate property of political parties has a certain specificity, with peculiarities in the ways of acquiring ownership rights over the property of political parties. Political parties, as legal entities, bear civil liability, and they can independently appear in court as defendants.
The author also examines the doctrine and legislation of Western countries regarding the concept, creation, and activities of political parties in Germany, the United States, Great Britain, and Serbia. The concept of a political party in Western countries is considered, with a political party in Serbia, understood as a voluntary association of citizens, created with the aim of achieving political goals through the democratic formation of the political will of citizens and participation in elections. A political party in Serbia is granted the status of a legal entity from the date of its entry into the register of political parties.
A distinctive feature of political parties in Germany is their ambiguous legal status. By their legal nature, they are private organizations, created in accordance with the norms of private law; however, they also possess a public character due to certain constitutional privileges, granted to them.
The article explores the issue of the legal nature of political parties in Ukraine and the features that distinguish political parties from other public associations. The author examines the issue of the legal personality of political parties and points out that they possess two components - social and political.
Furthermore, the article analyzes the criteria for categorizing legal entities as either private or public law entities in the law of Ukraine and in the law of France. In French law, such criteria include the following: the establishment of a legal entity originating from public or private initiative, the rules governing its creation, operation, and oversight by public authorities, the method of financing (public subsidies or mandatory payments), and the presence of public authorities
31
Berlinguer, Aldo. "The Italian Road to Trusts." European Review of Private Law 15, Issue 4 (August 1, 2007): 533–53. http://dx.doi.org/10.54648/erpl2007030.
Анотація:
Abstract: In Italy, there are still today no exhaustive systematic rules on trusts. Aspects of this institute, as developed in common-law jurisdictions, give rise to considerable practical difficulties, since they conflict with some linchpin tenets of the civil law tradition, including the general principle of the liability of the debtor, the conception of property as an absolute right and the limited number of rights in rem, the prohibition of succession agreements. Despite all this, large efforts have been recently made to introduce, in the Italian legal system, institutes that would perform at least some of the peculiar functions of trusts. This is not an isolated phenomenon but a tendency characterizing a growing number of other systems, including Luxembourg, Quebec, Uruguay, China, Republic of San Marino and, lastly, France. Such tendency is fostered by a number of reasons: EU Institutions have recently proved very pro-active towards trusts, inviting member states to introduce equivalent tools in their legislation. The growing competition among regulators for providing hospitable environments to investors has also pushed even the more conservative to innovate. A fit example of this can be found in the recent law on fiducie which has substantially transplanted in the French systema tool that closely resembles the trust. Following the introduction of this new, valuable instrument, large portions of the French system will be dramatically modified, including those areas of the law, as successions, that are not directly touched upon. A shift of perspective has thus occurred: from the idea, shared until today that the fundamental principles of civil law could only be derogated in specific and exceptional circumstances, to the awareness of their actual reduction to the status of ordinary rules. Comparing the new regulation governing the fiducie with the Italian surrogates of the trust, it appears quite obvious that such important modernization process has yet to be conceived in Italy, where a similar shift of perspective is still far to come. Résumé: Encore aujourd’hui, en Italie, le système juridique ne règlemente pas, de manière systématique, le phénomène du trust. Certains aspects de cet institut, développés dans les pays de common law, contrastent avec les fondations primaires de la tradition civiliste, qui prévoit la responsabilité patrimoniale du débiteur, la conception de la propriété comme droit absolu, le nombre limité des droits réels, l’interdiction des pactes successoraux. Cependant, nombreux atteints ont étés faits pour introduire dans le système de droit Italien, des institutes qui puissent reproduire au moins certains effets du trust. Il ne s’agit pas d’un phénomène isolé mais d’une tendance partagée par d’autres systèmes, comme Luxembourg, Québec, Uruguay, China, République de San Marino, France. Cette tendance s’explique pour différentes raisons: elle à été encouragée par les institutions européennes, qui ont étés très actives en faveur de l’adoption des institutes comme le trust. La compétition croissante parmi les législateurs afin d’attraire des investissements a poussé même les plus conservatifs à innover. Emblématique est la récente introduction de l’in
32
alter, Translator. "Venire contra factum proprium: From a binding past to a binding future." Pravovedenie 64, no. 2 (2020): 270–308. http://dx.doi.org/10.21638/spbu25.2020.204.
Анотація:
Inadmissibility of controversial conduct (venire contra factum proprium) is a continental functional analog of common law estoppel. It is a special “pitfall” under the rubric for the application of the bona fide requirement when inadmissibility of conduct is derived from its controversial character in regard to previous conduct. The article exposes a lack of necessity in the prohibition under the regimes of early private law codifications of the Modern Age (France, Austria) which is why one may observe its prevalence primarily in Germany after the enactment of German Bürgerliches Gesetzbuch (Civil Code). The author thinks of its prevalence as a result of a drastic change in understanding the legal relationship induced by the restoration of corporate thinking in a renewed form as opposed to individualistic thinking associated with Roman law and the first draft of Bürgerliches Gesetzbuch. For the courts, the inadmissibility of controversial conduct became a convenient means to justify the restatement of rules formally binding for parties in cases where, as a result of the application of formal rules, the connection between the conduct of a party to a legal relationship and its negative outcome, which under said formal rules, totally fall into the other party’s burden. Due to this, the concept of a legal relationship, previously built as mere correlation of a subjective right to liability, is complicated by an element of burden — some of which would be imposed on the entitled party. This revealed the formal side of inadmissibility of controversial conduct, which made it possible to correct what shall be treated in terms of new thinking as a gap of regulation formed by individualistic thinking. In material terms, the inadmissibility of controversial conduct is limited in literature to cases when the previous conduct of a certain person has caused legitimate expectations from the counterparty and the current conduct contradicts these expectations. The author refutes this reduction since from the outset, the founding idea of the rule was to preserve the interrelation between conduct and adverse consequences lost in the formal application of the law. The contradiction of conduct, hence, shall be seen in using a formal legal position to prevent the adverse outcome of one’s own conduct. However, development of this court practice revealed another function of the rule, much more important in the author’s opinion, namely, the acceleration of civil communication governed by private law.
33
Lebon, Caroline. "Vorlagebeschluss of June 29, 1999 — The Protection of "Vulnerable Sureties" as to German, French, Belgian, Dutch, English and Scottish Law." European Review of Private Law 9, Issue 2/3 (June 1, 2001): 417–40. http://dx.doi.org/10.54648/359027.
Анотація:
The standard terms of the bank, where a man got a loan for the restoration of the matrimonial home (where he also had his architect's firm) he was the sole proprietor of, obliged the spouse to grant security for the loan. The architect's wife made no objections. At the time of the conclusion of the whole transaction, she was 32, mother of a young child, owed two already several times charged pieces of land and got only a low income as employee in the bureau of her husband. After several delays in payments on the loan, the bank terminated the loan and called upon the wife as guarantee as the man was not able to repay. The editors of this journal made an interesting choice by taking the Vorlagebeschluss from the 29th June 1999 as case to be annotated. This not only because of the - at least - strange end of the affair, but mostly because of the style and form of the decision itself. The decision provides, like a real textbook, a complete overview of the different opinions concerning the Sittenwidrigkeit of contracts of suretyship of the IXth and the XIth Civil Chambers of the Bundesgerichtshof. After discussing the German Law, it will be investigated how (vulnerable) sureties can try to avoid liability under French, Belgian, Dutch, English and Scottish Law. The present standpoint in France upon this matter stems from the so-called Macron-case of the Court de Cassation of the 17th June 1997, which introduced the delictual libaility of banks that demanded "manifest disproportionate" sureties. Since then, French sureties are better protected than at the time when it was only possible to obtain annulment of the contract of suretyship for a defect of consent. In Belgium sureties still have to take the hard way and proof a defect of consent in order to get relief of a null contract. It will be considered therefore if sureties cannot profit from the latest case law-evolution on the contractors' duties in the precontractual stage.
34
Kyselova, O. I., and M. Soldatenko. "Practice of compensation for moral damage in labor law of Ukraine and foreign countries." Legal horizons, no. 26 (2020): 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.
Анотація:
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.
35
Safjan, Dorota. "Przedmiotowy i podmiotowy zakres obowiązku rolniczego użytkowania gruntów." Studia Prawnicze / The Legal Studies, no. 2 (60) (April 30, 2023): 131–67. http://dx.doi.org/10.37232/sp.1979.2.5.
Анотація:
When putting the freeholder under an obligation to exploit the land (Article 16 of the Act of 26 X 1971) the legislator leaves it to the organs of administration to assess how and to what degree this duty is fulfilled. A negative assessment is tantamount to the application of administrative sanctions against the peasant (Article 21).Having assumed that agricultural exploitation of land embraces not only its cultivation but also productive utilization, the universal criteria of assessment should be worked out, which would simultaneously set up the confines of legal-administrative liability of free-holders. Foreign legislation provides numerous solutions to this problem: through either establishing the range of peasant’s duties at the level of the average extensive cultivation typical of a locality (Jugoslavia), or detailed ennumeration of all duties relating to both the cultivation of land and its productive exploitation (The German Democratic Republic and the Soviet Union), finally through the transfer of competence, pertaining to imposing obigations and the specification of its range, to the agricultural producers’ managerial cooperations (France). With a view to specifying a subjective scope of the duty, as provided by the Article 16, it is necessary to avail of a comprehensive legislation which would counteract the productive inactivity of individual farms. The regulations, which provide the premisses to account a farm to be -neglected, economically deteriorated or abandoned, have been recognized by jurisprudence as independent legal grounds to construe the duty of agricultural exploitation of land. Moreover, they are in direct connection with a solution applied in the Article 16. Therefore it can be assumed that adequately modified criteria to account a farm to be neglected, when availing of a notion of productive minimum, will provide the range of legal-administrative libility of the freeholder or lessee.The execution of administrative measures against a farmer who has not fulfilled the duty of agricultural exploitation of land, is a condition to evidence whether the reasons of negligence are justifiable or not. In the majority of caxses it is possible to take appropriate decision in this respect availing of the objective criterion of conscientiousness, that has already been adopted by civil law to determine a guilt on a premises of responsibility. However, due mention should be made of the statutory duty provided for by the Article 16, which does not require personal activities of a subject under obligation. Therefore the criterion of conscientiousness refers to the assessment of the latter as an organizer rather than executor. Moreover, such objective reasons as sickness or old age are sufficient to justify an unfulfilled duty.The duty provided for by the Article 16 was imposed on freeholders, as well as dependent and independent tenant farmers. Such specification of addressees excludes state organizational units. The system and functional interpretation of law favours further limitation of addressees to individual farmers and legal persons, other than the units of socialized economy. The construction of liability for neglecting one’s duty and the nature of the sanctions applicable are the case against recognizing freeholders as a party to action taken in accordance with the Article 21, side by side with tenant farmers. Therefore it can be assumed that the lease of lands exempts the freeholder from an obligation of their agricultural exploitation. On the other hand the negligence by the tenant can affect the freeholder if the condition of a farm requires an obligatory repurchase.
36
Gallo, Paolo, Eugenia Dacoronia, Gerrit De Geest, Ben W. F. Depoorter, Evlalia Eleftheriadou, Silvia Fedrizzi, Josiane Haas, et al. "Cass. fr. 15.12.1998, Enrichissement Sans Cause." European Review of Private Law 8, Issue 4 (December 1, 2000): 613–88. http://dx.doi.org/10.54648/315115.
Анотація:
Based on the equitable principle that prevents a person from enriching themselves at the expense of others, the theory of unjust enrichment is only accepted in French law under certain conditions. The interest of the decision handed down by the first civil chamber of the Cour de cassation on 15 December 1998 is that it clarifies one of the more controversial of these conditions: the fault of the impoverished party. In that case, a consumer asked a professional for a quote for the repair of a television antenna. Without respecting the terms of his engagement, the latter did some work on the television and then claimed payment. His claim was rejected by the tribunal d'instance which noted that, in the absence of agreement, no contractual obligation could have arisen. Nevertheless the judge required the consumer to pay compensation because he considered that the advantage obtained by him constituted unjust enrichment. The appeal in cassation argued, nowever that the action de in rem verso could not be relied on when the impoverishment was the result of a fault on the part of the impoverished party, fault which could be found in the failure to comply with the terms of an engagement. Now, in this case the professional had been engaged to provide a quote prior to doing any work and had, in indifference to the terms of his engagement, proceeded on his own initiative to change the television antenna. This contention was accepted by the Cour de cassation which, under a reference to Article 1371 of the Code civil and the principles of unjust enrichment, criticised the decision of the lower court judges. In this respect the decision of 15 December 1998 seems faithful to recent case law trends which, in order to evaluate the relevance of the fault of the improverished party, distinguish cases according to the seriousness of the fault. The view is taken that if the impoverished party has merely been negligent or careless, this is no obstacle to the exercise of the action de in rem verso but can also serve as the basis for the liability of the impoverished party if he has caused damage to the enriched party. By contrast, in cases of gross negligence of intentional harm, the possibility of an action de in rem verso is foreclosed to the impoverished party who is at fault. In applying these principles, it seems justified to refuse the action to a business that has undertaken unrequested repair work which has not been accepted, because the business must necessarily be aware of the risk of impoverishment. It remains the case that this distinction is still not followed by all courts, and notably by the commercial chamber of the Cour de cassation, which has concluded, in a decision of 18 May 1999, that an error on the part of the impoverished party prevents him from seeking restitution of the loss suffered. The commentaries that follow look at these questions and analyse the decision from the point of view of the relevant rules of domestic law of several European countries: the laws of France, Switzerland, Belgium, the Netherlands, Germany, England, Italy, Spain, Portugal and Greece.
37
Porytska, Y. M. "Foreign experience of the legal regulation of compensation of moral damage to the employee." Uzhhorod National University Herald. Series: Law 1, no. 79 (October 9, 2023): 333–41. http://dx.doi.org/10.24144/2307-3322.2023.79.1.56.
Анотація:
The article examines the issues related to the compensation of moral damages to the employee and the determination of the amount of moral damages in case of violation of the employee’s labor rights. The relevance of the research topic is justified by the fact that in modern conditions the institution of compensation for moral damage in labor law needs to be improved, in particular, in the part of the procedure for determining the amount of compensation. The institution of compensation for moral damage to the employee is widespread in the international community and in some foreign countries, which indicates the effectiveness of this institute in the regulation of labor relations. The article analyzes the provisions of the current labor legislation of Ukraine in the part of regulation of compensation for moral damage. The specifics of compensation for moral damage in labor law are also defined, which allow to partially distinguish the specified institution from the institution of moral damage in civil legislation. During the writing of the article, both general scientific methods and special-legal methods were used, in particular, the method of state-legal modeling, dialectical, formal-legal, systemic-structural, comparative-legal and other methods. The foreign experience of legal regulation of compensation for moral damage to the employee is summarized, as well as proposals for improving the labor legislation of Ukraine developed on its basis. In the process of writing the article, the legal framework and judicial practice regarding the compensation of moral damage to the employee of Austria, Great Britain, Germany, France, the United States of America and other foreign countries were investigated. The legal regulation of the definition of moral damage, the grounds and conditions of liability, the procedure for considering cases on determining the amount of compensation for moral damage to an employee as a result of the employer’s illegal actions are analyzed. Taking into account foreign experience, it was established the need to develop an effective mechanism for determining the amount of moral damage, which, in turn, will contribute to the unification of the specified mechanism and ensure the stability and unity of judicial practice and the predictability of court decisions. A comparative analysis of compensation for moral damages within the framework of labor relations under the legislation of foreign countries allowed us to conclude that the system of determining the amount of compensation for moral damages formed in them can be taken into account when improving the current labor legislation of Ukraine.
38
FELDMAN, GERALD D. "Civil commotion and riot insurance in fascist Europe, 1922–1941." Financial History Review 10, no. 2 (October 2003): 165–84. http://dx.doi.org/10.1017/s0968565003000143.
Анотація:
Insurance for damage caused by public unrest became popular in post-1918 Central Europe and proved to be a profitable business, but one that became increasingly problematic because of the role of fascist regimes in promoting civil commotion. This article addresses some of the experiences of insurance companies, especially the Munich Reinsurance Company, when trying to manage policies covering political unrest and riot in Italy, Germany and Spain between 1922 and 1941. In the case of Italy in 1922, the new fascist regime forced the insurers to pay for damages caused by the Squadri. In Germany, the insurers were forced to assume a fictitious liability for damages done to the Jews in the Pogrom of November 1938. In Spain, Franco forced the insurance companies to treat Civil War damages as a civil commotion and make payouts despite their strenuous objections. These experiences demonstrated that civil commotion insurance was most safely marketed in democracies that provided enough unrest but also law and order to make it worthwhile.
39
ALAM, AHM Zahirul. "EDITORIAL." IIUM Engineering Journal 22, no. 1 (January 4, 2021): i. http://dx.doi.org/10.31436/iiumej.v22i1.1719.
Анотація:
CHIEF EDITOR Ahmad Faris Ismail, IIUM, Malaysia TECHNICAL EDITOR Sany Izan Ihsan, IIUM, Malaysia EXECUTIVE EDITOR AHM Zahirul Alam, IIUM, Malaysia ASSOCIATE EDITOR Nor Farahidah Za’bah, IIUM, Malaysia LANGUAGE EDITOR Lynn Mason, Malaysia COPY EDITOR Hamzah Mohd. Salleh, IIUM, Malaysia EDITORIAL BOARD MEMBERS Abdullah Al-Mamun, IIUM, Malaysia Abdumalik Rakhimov, IIUM, Malaysia Ali Sophian, IIUM, Malaysia Erwin Sulaeman, IIUM, Malaysia Hanafy Omar, Saudi Arabia Hazleen Anuar, IIUM, Malaysia Konstantin Khanin, University of Toronto, Canada Ma'an Al-Khatib, IIUM, Malaysia Md Zahangir Alam, IIUM, Malaysia Meftah Hrairi, IIUM, Malaysia Mohamed B. Trabia, United States Mohammad S. Alam, Texas A&M University-Kingsville, United States Mustafizur Rahman, National University Singapore, Singapore Ossama Abdulkhalik, Michigan Technological University, United States Othman O Khalifa, IIUM, Malaysia Razi Nalim, IUPUI, Indianapolis, Indiana, United States Rosminazuin AB. Rahim, IIUM, Malaysia Waqar Asrar, IIUM, Malaysia INTERNATIONAL ADVISORY COMMITTEE Anwar, United States Abdul Latif Bin Ahmad, Malaysia Farzad Ismail, USM, Pulau Pinang, Malaysia Hanafy Omar, Saudi Arabia Hany Ammar, United States Idris Mohammed Bugaje, Nigeria K.B. Ramachandran, India Kunzu Abdella, Canada Luis Le Moyne, ISAT, University of Burgundy, France M Mujtaba, United Kingdom Mohamed AI-Rubei, Ireland Mohamed B Trabia, United States Syed Kamrul Islam, United States Tibor Czigany, Budapest University of Technology and Economics, Hungary Yiu-Wing Mai, The University of Sydney, Australia. AIMS & SCOPE OF IIUM ENGINEERING JOURNAL The IIUM Engineering Journal, published biannually (January and July), is a carefully refereed international publication of International Islamic University Malaysia (IIUM). Contributions of high technical merit within the span of engineering disciplines; covering the main areas of engineering: Electrical and Computer Engineering; Mechanical and Manufacturing Engineering; Automation and Mechatronics Engineering; Material and Chemical Engineering; Environmental and Civil Engineering; Biotechnology and Bioengineering; Engineering Mathematics and Physics; and Computer Science and Information Technology are considered for publication in this journal. Contributions from other areas of Engineering and Applied Science are also welcomed. The IIUM Engineering Journal publishes contributions under Regular papers and Invited review papers. It also welcomes contributions that address solutions to the specific challenges of the developing world, and address science and technology issues from an Islamic and multidisciplinary perspective. REFEREES’ NETWORK All papers submitted to IIUM Engineering Journal will be subjected to a rigorous reviewing process through a worldwide network of specialized and competent referees. Each accepted paper should have at least two positive referees’ assessments. SUBMISSION OF A MANUSCRIPT A manuscript should be submitted online to the IIUM-Engineering Journal website at http://journals.iium.edu.my/ejournal. Further correspondence on the status of the paper could be done through the journal website. Whilst every effort is made by the publisher and editorial board to see that no inaccurate or misleading data, opinion or statement appears in this Journal, they wish to make it clear that the data and opinions appearing in the articles and advertisement herein are the responsibility of the contributor or advertiser concerned. Accordingly, the publisher and the editorial committee accept no liability whatsoever for the consequence of any such inaccurate or misleading data, opinion or statement. IIUM Engineering Journal ISSN: 1511-788X E-ISSN: 2289-7860 Published by: IIUM Press, International Islamic University Malaysia Jalan Gombak, 53100 Kuala Lumpur, Malaysia Phone (+603) 6421-5014, Fax: (+603) 6421-6298
40
Alam, AHM Zahirul. "Editorial." IIUM Engineering Journal 23, no. 2 (July 4, 2022): i. http://dx.doi.org/10.31436/iiumej.v23i2.2460.
Анотація:
CHIEF EDITOR
Ahmad Faris Ismail, IIUM, Malaysia
TECHNICAL EDITOR
Sany Izan Ihsan, IIUM, Malaysia
EXECUTIVE EDITOR
AHM Zahirul Alam, IIUM, Malaysia
ASSOCIATE EDITOR
Nor Farahidah Za’bah, IIUM, Malaysia
LANGUAGE EDITOR
Lynn Mason, Malaysia
COPY EDITOR
Hamzah Mohd. Salleh, IIUM, Malaysia
MALAY TRANSLATOR
Nurul Arfah Che Mustapha, IIUM, Malaysia
EDITORIAL BOARD MEMBERS
Abdullah Al-Mamun, IIUM, Malaysia
Abdumalik Rakhimov, IIUM, Malaysia
Aishah Najiah Bt. Dahnel, IIUM, Malaysia
Alya Naili Binti Rozhan, IIUM, Malaysia
Norsinnira Bt. Zainul Azlan, IIUM, Malaysia
Hanafy Omar, Saudi Arabia
Hazleen Anuar, IIUM, Malaysia
Konstantin Khanin, University of Toronto, Canada
Ma'an Al-Khatib, IIUM, Malaysia
Meftah Hrairi, IIUM, Malaysia
Mohamed B. Trabia, United States
Mohammad S. Alam, Texas A&M University-Kingsville, United States
Mustafizur Rahman, National University Singapore, Singapore
Ossama Abdulkhalik, Michigan Technological University, United States
Mohamed Hadi Habaebi, IIUM, Malaysia
Mohd. Sultan Ibrahim Bin Shaik Dawood, IIUM, Malaysia
Muhammad Ibn Ibrahimy, IIUM, Malaysia
Nor Fadhillah Mohamed Azmin, IIUM, Malaysia
Waqar Asrar, IIUM, Malaysia
INTERNATIONAL ADVISORY COMMITTEE
A. Anwar, United States
Abdul Latif Bin Ahmad, Malaysia
Farzad Ismail, USM, Pulau Pinang, Malaysia
Hanafy Omar, Saudi Arabia
Hany Ammar, United States
Idris Mohammed Bugaje, Nigeria
K.B. Ramachandran, India
Kunzu Abdella, Canada
Luis Le Moyne, ISAT, University of Burgundy, France
M Mujtaba, United Kingdom
Mohamed AI-Rubei, Ireland
Mohamed B Trabia, United States
Syed Kamrul Islam, United States
Tibor Czigany, Budapest University of Technology and Economics, Hungary
Yiu-Wing Mai, The University of Sydney, Australia.
AIMS & SCOPE OF IIUM ENGINEERING JOURNAL
The IIUM Engineering Journal, published biannually (January and July), is a carefully refereed international publication of International Islamic University Malaysia (IIUM). Contributions of high technical merit within the span of engineering disciplines; covering the main areas of engineering: Electrical and Computer Engineering; Mechanical and Manufacturing Engineering; Automation and Mechatronics Engineering; Material and Chemical Engineering; Environmental and Civil Engineering; Biotechnology and Bioengineering; Engineering Mathematics and Physics; and Computer Science and Information Technology are considered for publication in this journal. Contributions from other areas of Engineering and Applied Science are also welcomed. The IIUM Engineering Journal publishes contributions under Regular papers and Invited review papers. It also welcomes contributions that address solutions to the specific challenges of the developing world, and address science and technology issues from an Islamic and multidisciplinary perspective.
REFEREES’ NETWORK
All papers submitted to IIUM Engineering Journal will be subjected to a rigorous reviewing process through a worldwide network of specialized and competent referees. Each accepted paper should have at least two positive referees’ assessments.
SUBMISSION OF A MANUSCRIPT
A manuscript should be submitted online to the IIUM Engineering Journal website at
http://journals.iium.edu.my/ejournal. Further correspondence on the status of the paper could be done through the journal website.
Whilst every effort is made by the publisher and editorial board to see that no inaccurate or misleading data, opinion, or statement appears in this Journal, they wish to make it clear that the data and opinions appearing in the articles and advertisements herein are the responsibility of the contributor or advertiser concerned. Accordingly, the publisher and the editorial committee accept no liability whatsoever for the consequence of any such inaccurate or misleading data, opinion, or statement.
IIUM Engineering Journal
ISSN: 1511-788X E-ISSN: 2289-7860
Published by: IIUM Press, International Islamic University Malaysia Jalan Gombak, 53100 Kuala Lumpur, Malaysia Phone (+603) 6421-5014, Fax: (+603) 6421-6298
41
Alam, AHM Zahirul. "Editorial." IIUM Engineering Journal 23, no. 1 (January 4, 2022): i. http://dx.doi.org/10.31436/iiumej.v23i1.2246.
Анотація:
CHIEF EDITOR
Ahmad Faris Ismail, IIUM, Malaysia
TECHNICAL EDITOR
Sany Izan Ihsan, IIUM, Malaysia
EXECUTIVE EDITOR
AHM Zahirul Alam, IIUM, Malaysia
ASSOCIATE EDITOR
Nor Farahidah Za’bah, IIUM, Malaysia
LANGUAGE EDITOR
Lynn Mason, Malaysia
COPY EDITOR
Hamzah Mohd. Salleh, IIUM, Malaysia
MALAY TRANSLATOR
Nurul Arfah Che Mustapha, IIUM, Malaysia
EDITORIAL BOARD MEMBERS
Abdullah Al-Mamun, IIUM, Malaysia
Abdumalik Rakhimov, IIUM, Malaysia
Ali Sophian, IIUM, Malaysia
Erwin Sulaeman, IIUM, Malaysia
Hanafy Omar, Saudi Arabia
Hazleen Anuar, IIUM, Malaysia
Konstantin Khanin, University of Toronto, Canada
Ma'an Al-Khatib, IIUM, Malaysia
Md Zahangir Alam, IIUM, Malaysia
Meftah Hrairi, IIUM, Malaysia
Mohamed B. Trabia, United States
Mohammad S. Alam, Texas A&M University-Kingsville, United States
Mustafizur Rahman, National University Singapore, Singapore
Ossama Abdulkhalik, Michigan Technological University, United States
Othman O Khalifa, IIUM, Malaysia
Razi Nalim, IUPUI, Indianapolis, Indiana, United States
Rosminazuin AB. Rahim, IIUM, Malaysia
Sharifah Imihezri Syed Shaharuddin, IIUM, Malaysia
Waqar Asrar, IIUM, Malaysia
INTERNATIONAL ADVISORY COMMITTEE
Anwar, United States
Abdul Latif Bin Ahmad, Malaysia
Farzad Ismail, USM, Pulau Pinang, Malaysia
Hanafy Omar, Saudi Arabia
Hany Ammar, United States
Idris Mohammed Bugaje, Nigeria
K.B. Ramachandran, India
Kunzu Abdella, Canada
Luis Le Moyne, ISAT, University of Burgundy, France
M Mujtaba, United Kingdom
Mohamed AI-Rubei, Ireland
Mohamed B Trabia, United States
Syed Kamrul Islam, United States
Tibor Czigany, Budapest University of Technology and Economics, Hungary
Yiu-Wing Mai, The University of Sydney, Australia.
AIMS & SCOPE OF IIUM ENGINEERING JOURNAL
The IIUM Engineering Journal, published biannually (January and July), is a carefully refereed international publication of International Islamic University Malaysia (IIUM). Contributions of high technical merit within the span of engineering disciplines; covering the main areas of engineering: Electrical and Computer Engineering; Mechanical and Manufacturing Engineering; Automation and Mechatronics Engineering; Material and Chemical Engineering; Environmental and Civil Engineering; Biotechnology and Bioengineering; Engineering Mathematics and Physics; and Computer Science and Information Technology are considered for publication in this journal. Contributions from other areas of Engineering and Applied Science are also welcomed. The IIUM Engineering Journal publishes contributions under Regular papers and Invited review papers. It also welcomes contributions that address solutions to the specific challenges of the developing world, and address science and technology issues from an Islamic and multidisciplinary perspective.
REFEREES’ NETWORK
All papers submitted to IIUM Engineering Journal will be subjected to a rigorous reviewing process through a worldwide network of specialized and competent referees. Each accepted paper should have at least two positive referees’ assessments.
SUBMISSION OF A MANUSCRIPT
A manuscript should be submitted online to the IIUM-Engineering Journal website at
http://journals.iium.edu.my/ejournal. Further correspondence on the status of the paper could be done through the journal website.
Whilst every effort is made by the publisher and editorial board to see that no inaccurate or misleading data, opinion or statement appears in this Journal, they wish to make it clear that the data and opinions appearing in the articles and advertisement herein are the responsibility of the contributor or advertiser concerned. Accordingly, the publisher and the editorial committee accept no liability whatsoever for the consequence of any such inaccurate or misleading data, opinion or statement.
IIUM Engineering Journal
ISSN: 1511-788X E-ISSN: 2289-7860
Published by: IIUM Press, International Islamic University Malaysia Jalan Gombak, 53100 Kuala Lumpur, Malaysia Phone (+603) 6421-5014, Fax: (+603) 6421-6298
42
Rajneri, Eleonora, Peter Rott, and Jean-Sébastien Borghetti. "Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems." European Review of Private Law 26, Issue 1 (February 1, 2018): 57–95. http://dx.doi.org/10.54648/erpl2018004.
Анотація:
Abstract: Compensation for damage caused to patients by vaccination is an increasingly prominent issue given the important public health consideration of ensuring the highest possible take-up of vaccination. This study explores the approach to vaccine damage cases in four different European countries (France, Germany, Italy and the UK), examining the variety of different mechanisms for providing redress, including specific compensation funds, social security systems, the operation of orthodox regimes of tort law and product liability, as well as in certain jurisdictions bespoke legislation for healthcare products or pharmaceuticals. The authors then go on to examine the recent case law on this topic at a Member State and European level, focussing particularly on issues relating to the notion of defect and that of causation in vaccine damage cases. Zusammenfassung: Der Ersatz von Impfschäden gewinnt angesichts des Bestrebens, zur Sicherung der Volksgesundheit eine möglichst hohe Impfdichte zu erreichen, ständig an Bedeutung. Diese Studie untersucht die Herangehensweise an Impfschäden in vier EU-Mitgliedstaaten (Deutschland, Frankreich, Großbritannien und Italien), indem sie die verschiedenen Mechanismen, den Geschädigten Ersatz zu verschaffen, analysiert, darunter spezielle Entschädigungsfonds, sozialrechtliche Instrumente, klassisches Delikts- und Produkthaftungsrecht und schließlich sektorspezifische Gesetzgebung. Zudem erörtern die Autoren die jüngste Rechtsprechung auf mitgliedstaatlicher wie auf EU-Ebene, unter besonderer Berücksichtigung des Fehlerbegriffs und der Kausalität in Impfschadensfällen. Résumé: La réparation des dommages causés par les vaccins est une question majeure, compte tenu notamment de l’objectif de santé publique visant à obtenir une couverture vaccinale aussi large que possible de la population. Cette étude s’intéresse à la manière dont sont appréhendés les dommages imputés aux vaccins dans quatre pays européens (l’Allemagne, la France, la Grande-Bretagne et l’Italie) et envisage différents mécanismes d’indemnisation, en particulier les fonds d’indemnisation, la sécurité sociale, les règles de droit commun de la responsabilité civile ainsi que les règles spéciales applicables aux produits de santé et aux médicaments dans certains pays. Les auteurs se penchent également sur la jurisprudence en la matière, au niveau national et européen, s’intéressant particulièrement à la notion de défaut et à la caractérisation du lien de causalité dans les affaires relatives aux dommages attribués aux vaccins.
43
Alam, AHM Zahirul. "Editorial." IIUM Engineering Journal 19, no. 2 (December 1, 2018): i—iv. http://dx.doi.org/10.31436/iiumej.v19i2.1008.
Анотація:
(IIUMEJ)
IIUM ENGINEERING JOURNAL
ISSN: 1511-788X E-ISSN: 2289-7860 Volume 19, Issue 2, December 2018 https://doi.org/10.31436/iiumej.v19i2
CHIEF EDITOR
Ahmad Faris Ismail, IIUM, Malaysia
TECHNICAL EDITOR
Erry Yulian Triblas Adesta, IIUM, Malaysia
EXECUTIVE EDITOR
AHM Zahirul Alam, IIUM, Malaysia
ASSOCIATE EDITOR
Anis Nurashikin Nordin, IIUM, Malaysia
LANGUAGE EDITOR
Lynn Mason, Malaysia
COPY EDITOR
Hamzah Mohd. Salleh, IIUM, Malaysia
EDITORIAL BOARD MEMBERS
Abdullah Al-Mamun, IIUM, Malaysia
Abdumalik Rakhimov, IIUM, Malaysia
Amir Akramin Shafie, IIUM, Malaysia
Erwin Sulaeman, IIUM, Malaysia
Hanafy Omar, Saudi Arabia
Hazleen Anuar, IIUM, Malaysia
Konstantin Khanin, University of Toronto, Canada
Ma'an Al-Khatib, IIUM, Malaysia
Md Zahangir Alam, IIUM, Malaysia
Meftah Hrairi, IIUM, Malaysia
Mohamed B. Trabia, United States
Mohammad S. Alam, Texas A&M University-Kingsville, United States
Muataz Hazza Faizi Al Hazza, IIUM, Malaysia
Mustafizur Rahman, National University Singapore, Singapore
Nor Farahidah Binti Za'bah, IIUM, Malaysia
Ossama Abdulkhalik, Michigan Technological University, United States
Rosminazuin AB. Rahim, IIUM, Malaysia
Waqar Asrar, IIUM, Malaysia
INTERNATIONAL ADVISORY COMMITTEE
A. Anwar, United States
Abdul Latif Bin Ahmad, Malaysia
Farzad Ismail, USM, Pulau Pinang, Malaysia Hanafy
Omar, Saudi Arabia
Hany Ammar, United States
Idris Mohammed Bugaje, Nigeria
K.B. Ramachandran, India Kunzu Abdella, Canada
Luis Le Moyne, ISAT, University of Burgundy, France
M Mujtaba, United Kingdom
Mohamed AI-Rubei, Ireland Mohamed B Trabia, United States
Mohammad S. Alam, Texas A&M University-Kingsville, United States
Nazmul Karim
Ossama Abdulkhalik, Michigan Technological University, United States
Razi Nalim, IUPUI, Indianapolis, Indiana, United States
Syed Kamrul Islam, United States
Tibor Czigany, Budapest University of Technology and Economics, Hungary
Yiu-Wing Mai, The University of Sydney, Australia.
AIMS & SCOPE OF IIUMENGINEERING JOURNAL
The IIUM Engineering Journal, published biannually, is a carefully refereed international publication of International Islamic University Malaysia (IIUM). Contributions of high technical merit within the span of engineering disciplines; covering the main areas of engineering: Electrical and Computer Engineering; Mechanical and Manufacturing Engineering; Automation and Mechatronics Engineering; Material and Chemical Engineering; Environmental and Civil Engineering; Biotechnology and Bioengineering; Engineering Mathematics and Physics; and Computer Science and Information Technology are considered for publication in this journal. Contributions from other areas of Engineering and Applied Science are also welcomed. The IIUM Engineering Journal publishes contributions under Regular papers, Invited review papers, Short communications, Technical notes, and Letters to the editor (no page charge). Book reviews, reports of and/or call for papers of conferences, symposia and meetings, and advances in research equipment could also be published in IIUM Engineering Journal with minimum charges.
REFEREES’ NETWORK
All papers submitted to IIUM Engineering Journal will be subjected to a rigorous reviewing process through a worldwide network of specialized and competent referees. Each accepted paper should have at least two positive referees’ assessments.
SUBMISSION OF A MANUSCRIPT
A manuscript should be submitted online to the IIUM-Engineering Journal website: http://journals.iium.edu.my/ejournal. Further correspondence on the status of the paper could be done through the journal website and the e-mail addresses of the Executive Editor: zahirulalam@iium.edu.my Faculty of Engineering, International Islamic University Malaysia (IIUM), Jan Gombak, 53100, Kuala Lumpur, Malaysia. Phone: (603) 6196 4529, Fax:(603) 6196 4488.
Table of Content
EDITORIAL............................................................................................... i
CHEMICAL AND BIOTECHNOLOGY ENGINEERING
CHLORELLA VULGARIS LOGISTIC GROWTH KINETICS MODEL IN HIGH CONCENTRATIONS OF AQUEOUS AMMONIA................... 1
Azlin Suhaida Azmi, Nurain Atikah Che Aziz, Noor Illi Mohamad Puad, Amanatuzzakiah Abdul Halim, Faridah Yusof, Suzana Yusup
SYNTHETIC ANTIMICROBIAL AGENT AND ANTIMICROBIAL FABRICS: PROGRESS AND CHALLENGES............. 10
Norashikin Binti Mat Zain, John Olabode Akindoyo, Mohammad Dalour Hossen Beg
CIVIL AND ENVIRONMENTAL ENGINEERING
PERFORMANCE OF HIGH STRENGTH LIGHTWEIGHT CONCRETE USING PALM WASTES................................... 30
Md. Nazmul Huda, Mohd Zamin Jumaat, Abul Bashar Mohammad Saiful Islam, Walid Abubaker Al-Kutti
ELECTRICAL, COMPUTER AND COMMUNICATIONS ENGINEERING
WIDE RANGE MODULATION INDEXES FEATURED CARRIER-BASED PWM STEPPED WAVEFORM FOR HALF- BRIDGE MODULAR MULTILEVEL CONVERTERS......................................................................................... 43
Majdee Tohtayong, Sheroz Khan, Mashkuri Yaacob, Siti Hajar Yusoff, Nur Shahida Midi, Musse Muhamud Ahmed
A NOVEL METHOD TO ESTIMATE ECONOMIC REPLACING TIME OF TRANSFORMER USING MONTE CARLO ALGORITHM AND ANN............................................................................................... 54
Mehdi Zareian Jahromi, M. Hossein Mehrabanjahromi, Mohsen Tajdinian, Mehdi Allahbakhshi
ADAPTIVE TRIMMED MEAN AUTOREGRESSIVE MODEL FOR REDUCTION OF POISSON NOISE IN SCINTIGRAPHIC IMAGES.......... 68
Khan Bahadar Khan, Muhammad Shahid, Hayat Ullah, Eid Rehman, Muhammad Mohsin Khan
EVALUATION OF THE W-METRIC ROUTING USING RPL PROTOCOL IN LLNS........................................................................ 80
Rosminazuin Ab Rahim, Abdallah M. Awwad, Aisha Hasan Abdalla, Aliza Aini Md Ralib INVESTIGATION ON NEED FOR SPECIFIC PROPAGATION MODEL FOR SPECIFIC ENVIRONMENT BASED ON DIFFERENT TERRAIN CHARACTERISTICS...................90
Jide Julius Popoola, Akinlolu Adediran Ponnle, Yekeen Olajide Olasoji, Samson Adenle Oyetunji
A STUDY ON LOW-COMPLEXITY TRANSMIT ANTENNA SELECTION FOR GENERALIZED SPATIAL
MODULATION.................................................................................. 105
Simeon Olumide Ajose, Adewale Akanbi Alafia, Agbotiname Lucky Imoize
A NEW SPECTRUM AND ENERGY AWARE ROUTING PROTOCOL IN COGNITIVE RADIO SENSOR NETWORK.............................. 118
Sara Moshtaghi, Sayyed Majid Mazinani
RECENT TRENDS IN DENGUE DETECTION METHODS USING BIOSENSORS................................................................................ 134
Ahmad Anwar Zainuddin, Anis Nurashikin Nordin, Rosminazuin Ab Rahim
NUMERICAL ANALYSIS OF TUNNEL LED LIGHTING MAINTENANCE FACTOR.......................................................................... 154
Mehmet Sait Cengiz, Çiğdem Cengiz
ENGINEERING MATHEMATICS AND APPLIED SCIENCE
ABOUT THE SILICON SENSITIVITY OF THE DEEP LEVEL WITH ALTERNATING PRESSURE................................... 164
Ikrom Gulamovich Tursunov, Abdurahim Abduraxmonovich Okhunov, Odiljon Oxundadaevich Mamatkarimov
THE HYDRODYNAMIC COEFFICIENTS FOR OSCILLATING 2D RECTANGULAR BOX USING WEAKLY COMPRESSIBLE SMOOTHED PARTICLE HYDRODYNAMICS (WCSPH) METHOD................................................................................. 172
Muhammad zahir ramli
AN ANALYTICAL TECHNIQUE TO OBTAIN HIGHER-ORDER APPROXIMATE PERIODS FOR THE NONLINEAR OSCILLATOR................... 182
Md Sazzad Hossien Chowdhury, Md. Alal Hosen, Mohammad Yeakub Ali, Ahmad Faris Ismail
MATERIALS AND MANUFACTURING ENGINEERING
EFFECT OF POLY (ETHYLENE GLYCOL) ON THE INJECTABILITY, SETTING BEHAVIOR AND MECHANICAL PROPERTIES OF CALCIUM PHOSPHATE BONE CEMENT.........................................................192
Sufiamie Hablee, Iis Sopyan, Maizirwan Mel, Hamzah Mohd. Salleh, Md. Mujibur Rahman
MECHANICAL AND AEROSPACE ENGINEERING
STUDY OF MESH QUALITY IMPROVEMENT FOR CFD ANALYSIS OF AN AIRFOIL................................................ 203
Farah Aqilah, Mazharul Islam, Franjo Juretic, Joel Guerrero, David Wood, Farid Nasir Ani
MECHATRONICS AND AUTOMATION ENGINEERING
COLOR RECOGNITION WEARABLE DEVICE USING MACHINE LEARNING FOR VISUALY IMPAIRED PERSON................................... 213
Tarek Mohamed Bolad , Nik Nur Wahidah Nik Hashim, Noor Hazrin Hany Mohamad Hanif
COMBINATION OF FUSED DEPOSITION MODELLING WITH ABRASIVE MILLING FOR ATTAINING HIGHER DIMENSIONAL ACCURACY AND BETTER SURFACE FINISH ..................................... 221
Abu Naser Mohammad Amanullah Tomal, Tanveer Saleh, Md Raisuddin Khan
Whilst every effort is made by the publisher and editorial board to see that no inaccurate or misleading data, opinion or statement appears in this Journal, they wish to make it clear that the data and opinions appearing in the articles and advertisement herein are the responsibility of the contributor or advertiser concerned. Accordingly, the publisher and the editorial committee accept no liability whatsoever for the consequence of any such inaccurate or misleading data, opinion or statement.
Published by:
IIUM Press,
International Islamic University Malaysia Jalan Gombak, 53100 Kuala Lumpur, Malaysia Phone (+603) 6196-5014, Fax: (+603) 6196-6298
Website: http://www.iium.edu.my/office/iiumpress
44
Alam, AHM Zahirul. "Editorial." IIUM Engineering Journal 19, no. 1 (June 1, 2018): i—iv. http://dx.doi.org/10.31436/iiumej.v19i1.917.
Анотація:
IIUM ENGINEERING JOURNAL
CHIEF EDITOR
Ahmad Faris Ismail, IIUM, Malaysia
TECHNICAL EDITOR
Erry Yulian Triblas Adesta, IIUM, Malaysia
EXECUTIVE EDITOR
AHM Zahirul Alam, IIUM, Malaysia
ASSOCIATE EDITOR
Anis Nurashikin Nordin, IIUM, Malaysia
LANGUAGE EDITOR
Lynn Mason, Malaysia
COPY EDITOR
Hamzah Mohd. Salleh, IIUM, Malaysia
EDITORIAL BOARD MEMBERS
Abdullah Al-Mamun, IIUM, Malaysia Abdumalik Rakhimov, IIUM, Malaysia Amir Akramin Shafie, IIUM, Malaysia Erwin Sulaeman, IIUM, Malaysia Hanafy Omar, Saudi Arabia
Hazleen Anuar, IIUM, Malaysia
Konstantin Khanin, University of Toronto, Canada Ma'an Al-Khatib, IIUM, Malaysia
Md Zahangir Alam, IIUM, Malaysia Meftah Hrairi, IIUM, Malaysia Mohamed B. Trabia, United States
Mohammad S. Alam, Texas A&M University-Kingsville, United States Muataz Hazza Faizi Al Hazza, IIUM, Malaysia
Mustafizur Rahman, National University Singapore, Singapore Nor Farahidah Binti Za'bah, IIUM, Malaysia
Ossama Abdulkhalik, Michigan Technological University, United States Rosminazuin AB. Rahim, IIUM, Malaysia
Waqar Asrar, IIUM, Malaysia
AIMS & SCOPE OF IIUMENGINEERING JOURNAL
The IIUM Engineering Journal, published biannually, is a carefully refereed international publication of International Islamic University Malaysia (IIUM). Contributions of high technical merit within the span of engineering disciplines; covering the main areas of engineering: Electrical and Computer Engineering; Mechanical and Manufacturing Engineering; Automation and Mechatronics Engineering; Material and Chemical Engineering; Environmental and Civil Engineering; Biotechnology and Bioengineering; Engineering Mathematics and Physics; and Computer Science and Information Technology are considered for publication in this journal. Contributions from other areas of Engineering and Applied Science are also welcomed. The IIUM Engineering Journal publishes contributions under Regular papers, Invited review papers, Short communications, Technical notes, and Letters to the editor (no page charge). Book reviews, reports of and/or call for papers of conferences, symposia and meetings, and advances in research equipment could also be published in IIUM Engineering Journal with minimum charges.
REFEREES’ NETWORK
All papers submitted to IIUM Engineering Journal will be subjected to a rigorous reviewing process through a worldwide network of specialized and competent referees. Each accepted paper should have at least two positive referees’ assessments.
SUBMISSION OF A MANUSCRIPT
<![if !vml]><![endif]>A manuscript should be submitted online to the IIUM-Engineering Journal website: http://journals.iium.edu.my/ejournal. Further correspondence on the status of the paper could be done through the journal website and the e-mail addresses of the Executive Editor: zahirulalam@iium.edu.my Faculty of Engineering, International Islamic University Malaysia (IIUM), Jan Gombak, 53100, Kuala Lumpur, Malaysia. Phone: (603) 6196 4529, Fax:(603) 6196 4488.
INTERNATIONAL ADVISORY COMMITTEE
A. Anwar, United States
Abdul Latif Bin Ahmad, Malaysia
Farzad Ismail, USM, Pulau Pinang, Malaysia Hanafy Omar, Saudi Arabia
Hany Ammar, United States
Idris Mohammed Bugaje, Nigeria
K.B. Ramachandran, India Kunzu Abdella, Canada
Luis Le Moyne, ISAT, University of Burgundy, France M Mujtaba, United Kingdom
Mohamed AI-Rubei, Ireland Mohamed B Trabia, United States
Mohammad S. Alam, Texas A&M University-Kingsville, United States Nazmul Karim
Ossama Abdulkhalik, Michigan Technological University, United States Razi Nalim, IUPUI, Indianapolis, Indiana, United States
Syed Kamrul Islam, United States
Tibor Czigany, Budapest University of Technology and Economics, Hungary Yiu-Wing Mai, The University of Sydney, Australia.
Published by: IIUM Press,
International Islamic University Malaysia Jalan Gombak, 53100 Kuala Lumpur, Malaysia Phone (+603) 6196-5014, Fax: (+603) 6196-6298
Website: http://iiumpress.iium.edu.my/bookshop
Whilst every effort is made by the publisher and editorial board to see that no inaccurate or misleading data, opinion or statement appears in this Journal, they wish to make it clear that the data and opinions appearing in the articles and advertisement herein are the responsibility of the contributor or advertiser concerned. Accordingly, the publisher and the editorial committee accept no liability whatsoever for the consequence of any such inaccurate or misleading data, opinion or statement.
IIUM Engineering Journal
ISSN: 1511-788X E-ISSN: 2289-7860
Volume 19, Issue 1, June 2018
https://doi.org/10.31436/iiumej.v19i1
Table of Content
CHEMICAL AND BIOTECHNOLOGY ENGINEERING
ADSORPTION OF HEAVY METALS AND RESIDUAL OIL FROM PALM OIL MILL EFFLUENT USING A NOVEL ADSORBENT OF ALGINATE AND MANGROVE COMPOSITE BEADS COATED WITH CHITOSAN IN A PACKED BED COLUMN... 1
Rana Jaafar Jawad, Mohd Halim Shah Ismail, Shamsul Izhar Siajam
INVESTIGATION OF BIOFLOCCULANT AS DEWATERING AID IN SLUDGE TREATMENT........................................ 15
Mohammed Saedi Jami, Maizirwan Mel, Aysha Ralliya Mohd Ariff, Qabas Marwan Abdulazeez HYDROGEN PRODUCTION FROM ETHANOL DRY REFORMING OVER LANTHANIA-PROMOTED CO/AL2O3 CATALYST............................. 24
Fahim Fayaz, Nguyen Thi Anh Nga, Thong Le Minh Pham, Huong Thi Danh, Bawadi Abdullah, Herma Dina Setiabudi, Dai-Viet Nguyen Vo
OPTIMIZATION OF RED PIGMENT PRODUCTION BY MONASCUS PURPUREUS FTC 5356 USING RESPONSE SURFACE METHODOLOGY......................................................... 34
Nor Farhana Hamid And Farhan Mohd Said
PRODUCTION AND STABILITY OF MYCO-FLOCCULANTS FROM LENTINUS SQUARROSULUS RWF5 AND SIMPLICILLIUM OBCLAVATUM RWF6 FOR REDUCTION OF WATER TURBIDITY.............................................................................. 48
Nessa Jebun, Md. Zahangir Alam, Abdullah Al-Mamun, Raha Ahmad Raus
ROLE OF SUBSTRATE BINDING ON THE PROTEIN DYNAMICS OF AN ENDOGLUCANASE FROM FUSARIUM OXYSPORUM AT DIFFERENT TEMPERATURES .............................................................307
Abdul Aziz Ahmad, Ibrahim Ali Noorbatcha, Hamzah Mohd. Salleh
CIVIL AND ENVIRONMENTAL ENGINEERING
DIMINISHING SEISMIC EFFECT ON BUILDINGS USING BEARING ISOLATION....................................................... 59
A. B. M. Saiful Islam
ELECTRICAL, COMPUTER AND COMMUNICATIONS ENGINEERING
A DISTRIBUTED ENERGY EFFICIENT CLUSTERING ALGORITHM FOR DATA AGGREGATION IN WIRELESS SENSOR NETWORKS.................................................................................. 72
Seyed Mohammad Bagher Musavi Shirazi, Maryam Sabet, Mohammad Reza Pajoohan
POWER QUALITY IMPROVEMENT WITH CASCADED MULTILEVEL CONVERTER BASED STATCOM................. 91
Mahdi Heidari, Abdonnabi Kovsarian, S. Ghodratollah Seifossadat
THE EFFECTS OF CABLE CHARACTERISTICS ON MAXIMUM OVERVOLTAGE IN COMBINED
OVERHEAD/CABLE LINES PROTECTED BY SURGE ARRESTERS.............................................................................. 104
Reza Alizadeh, Mohammad Mirzaie
SMART PORTABLE CRYOTHERAPY SYSTEM REPHRASED I.E. WITH CONTROLLED THERMOELECTRIC
COOLING MODULES FOR MEDICAL APPLICATIONS................................................................................................ 117
Abbas Rahmani, Reza Hassanzadeh Pack Rezaee, Naser Kordani
STATIC PIPELINE NETWORK PERFORMANCE OPTIMISATION USING DUAL INTERLEAVE ROUTING ALGORITHM 129
Siva Kumar Subramaniam1, Shariq Mahmood Khan, Anhar Titik, Rajagopal Nilavalan
A MODIFIED MODEL BASED ON FLOWER POLLINATION ALGORITHM AND K-NEAREST NEIGHBOR FOR DIAGNOSING DISEASES........................................................................ 144
Mehdi Zekriyapanah Gashti
A SINGLE LC TANK BASED ACTIVE VOLTAGE BALANCING CIRCUIT FOR BATTERY MANAGEMENT SYSTEM .158
A K M Ahasan Habib, S. M. A. Motakabber, Muhammad Ibn. Ibrahimy, A. H. M. Zahirul Alam
ENGINEERING MATHEMATICS AND APPLIED SCIENCE
ON THE CONTROL OF HEAT CONDUCTION.......................................... 168
Fayziev Yusuf Ergashevich
MATERIALS AND MANUFACTURING ENGINEERING
GREEN SYNTHESIS OF SILVER NANOPARTICLES USING SAGO (METROXYLON SAGU) VIA AUTOCLAVING METHOD......178
Aliyah Jamaludin, Che Ku Mohammad Faizal
EFFECT OF ALKALINE TREATMENT ON PROPERTIES OF RATTAN WASTE AND FABRICATED BINDERLESS PARTICLEBOARD....185
Zuraida Ahmad, Maisarah Tajuddin, Nurul Farhana Fatin Salim, Zahurin Halim
AMORPHOUS STRUCTURE IN CU-ZN-V-AL OXIDE COMPOSITE CATALYST FOR METHANOL REFORMING..... 197
Mohd Sabri Mahmud, Zahira Yaakob, Abu Bakar Mohamad, Wan Ramli Wan Daud, Vo Nguyen Dai Viet
PERFORMANCE OF ELECTRICAL DISCHARGE MACHINING (EDM) WITH NICKEL ADDED DIELECTRIC FLUID....215
Ahsan Ali Khan, Muataz Hazza Faizi Al Hazza, A K M Mohiuddin, Nurfatihah Abdul Fattah, Mohd Radzi Che Daud
ENVIRONMENTAL DEGRADATION OF DURIAN SKIN NANOFIBRE BIOCOMPOSITE.......................................... 233
Siti Nur E’zzati Mohd Apandi, Hazleen Anuar, Siti Munirah Salimah Abdul Rashid
MECHANICAL AND AEROSPACE ENGINEERING
A REVIEW ON RHEOLOGY OF NON-NEWTONIAN PROPERTIES OF BLOOD....................................................... 237
Esmaeel Fatahian, Naser Kordani, Hossein Fatahian
NUMERICAL STUDY OF THERMAL CHARACTERISTICS OF FUEL OIL-ALUMINA AND WATER-.......................... 250
Hossein Fatahian, Hesamoddin Salarian, Majid Eshagh Nimvari, Esmaeel Fatahian
A PARAMETRIC STUDY ON CONTROL OF FLOW SEPARATION OVER AN AIRFOIL IN INCOMPRESSIBLE REGIME....270
Lakshmanan Prabhu, Jonnalagadda Srinivas
OPTIMIZATION OF BOX TYPE GIRDER WITH AND WITHOUT INDUSTRIAL CONSTRAINTS................................ 289
Muhammad Abid, Shahbaz Mahmood Khan, Hafiz Abdul Wajid
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Townend, David, Almaz Teffera, and Gerrit E. van Maanen. "The Dutch ‘Cellar Hatch’ Judgment as a Landmark Case for Tort Law in Europe: A Brief Comparison with English, French and German Law with a Law and Economics Flavour." European Review of Private Law 16, Issue 5 (October 1, 2008): 871–89. http://dx.doi.org/10.54648/erpl2008064.
Анотація:
Abstract: The 1965 Dutch Supreme Court case known from its facts as the ‘Kelderluik’ or ‘Cellar Hatch’case is both a legendary and landmark case in Dutch law. The opened cellar hatch is archetypical of liability for all situations of increased danger. The scenario’s facts have a simplicity which also presents it as perfect for a comparison of responses between legal systems. Over sixty years ago, the American Judge Learned Hand formulated a number of rules of thumb to determine the standard of care that would be required of a ship owner concerning his/her duty to ensure that a ship did not break loose from its mooring ropes: ‘to provide against resulting injuries is a function of three variables: (1) the probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions’. These rules of thumb are embraced by law and economics scholars as illustrative of the surplus value theory of law and economics. We are sceptical about the practical value of this approach. However, these rules of thumb by Learned Hand are strikingly similar to the Dutch response in the 1965 Cellar Hatch case. In this paper, we undertake a brief comparison with English, French and German law in order to fi nd out if those legal systems give a comparable response to the same situation. Résumé: Le cas du tribunal supérieur des Pays–Bas de 1965, aussi connu sous le nom de « trou dans la cave » ( Kelderluik), est légendaire et fondamental en droit néerlandais. Le trou ouvert dans la cave est incontestablement un archétype de la responsabilité civile dans les situations du danger aggravé. Les faits de l’espèce sont très simples, et sont dès lors un cas idéal pour comparer les différents les systèmes juridiques. Il y a 60 années, le juge américain Learned Hand a formulé une série des règles grossières pour déterminer le standard de diligence attendu d’un propriétaire de bateau pour assurer que le bateau ne se désamarre pas: Pour éviter que des blessures soient causées trois variables doivent être considérées: (1) la probabilité que le bateau se désamarre : (2) la gravité de la blessure résultant du désamarrage: (3) le fardeau de prendre des mesures adéquates. Les règles grossières, sont considérées par les juristes et les économistes, comme une illustration de la plus–value de leur apport. Nous sommes un peu sceptiques concernant l’intérêt pratique de ces règles. Toutefois ces règles grossières de Learned Hand sont très similaires à la jurisprudence hollandaise dans leur cas due « trou dans la cave » de 1965. Dans cet article, nous allons comparer les systèmes juridiques de l’Angleterre, de la France et de l’Allemagne afi n d’en évaluer les similitudes. Mot–clés: La responsabilité délictuelle, danger aggravé, formule de Learned Hand Zusammenfassung: Der als Kellerluken–Fall (Kelderluik–Fall) des niederländischen Obersten Gerichtshofes bekannte Fall von 1965 ist nicht nur ein legendärer, sondern auch ein grundlegender Fall im niederländischen Rechtssystem. Seither gilt die geöffnete Kellerluke in jeder Situation erhöhter Gefahr als
46
Alam, AHM Zahirul. "Editorial." IIUM Engineering Journal 18, no. 2 (March 29, 2018): i—iv. http://dx.doi.org/10.31436/iiumej.v18i2.915.
Анотація:
IIUM ENGINEERING JOURNAL INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA  CHIEF EDITORAhmad Faris Ismail, IIUM, Malaysia                                                                                                              TECHNICAL EDITORErry Yulian Triblas Adesta, IIUM, MalaysiaEXECUTIVE EDITORAHM Zahirul Alam, IIUM, MalaysiaASSOCIATE EDITORAnis Nurashikin Nordin, IIUM, MalaysiaLANGUAGE EDITOR Lynn Mason, MalaysiaCOPY EDITORHamzah Mohd. Salleh, IIUM, MalaysiaEDITORIAL BOARD MEMBERSAbdullah Al-Mamun, IIUM, MalaysiaAbdumalik Rakhimov, IIUM, MalaysiaAmir Akramin Shafie, IIUM, MalaysiaErwin Sulaeman, IIUM, Malaysia aHanafy Omar, Saudi ArabiaHazleen Anuar, IIUM, MalaysiaKonstantin Khanin, University of Toronto, CanadaMa'an Al-Khatib, IIUM, MalaysiaMd. Zahangir Alam, IIUM, MalaysiaMeftah Hrairi, IIUM, MalaysiaMohamed B. Trabia, United StatesMohammed Konneh, IIUM, MalaysiaMohammad S. Alam, Texas A&M University-Kingsville, United StatesMustafizur Rahman, National University Singapore, SingaporeNor Farahidah Za bah, IIUM, MalaysiaOssama Abdulkhalik, Michigan Technological University, United StatesTeddy Surya Gunawan, IIUM, MalaysiaWaqar Asrar, IIUM, Malaysia AIMS & SCOPE OF IIUMENGINEERING JOURNALThe IIUM Engineering Journal, published biannually, is a carefully refereed international publication of International Islamic University Malaysia (IIUM). Contributions of high technical merit within the span of engineering disciplines; covering the main areas of engineering: Electrical and Computer Engineering; Mechanical and Manufacturing Engineering; Automation and Mechatronics Engineering; Material and Chemical Engineering; Environmental and Civil Engineering; Biotechnology and Bioengineering; Engineering Mathematics and Physics; and Computer Science and Information Technology are considered for publication in this journal. Contributions from other areas of Engineering and Applied Science are also welcomed. The IIUM Engineering Journal publishes contributions under Regular papers, Invited review papers, Short communications, Technical notes, and Letters to the editor (no page charge). Book reviews, reports of and/or call for papers of conferences, symposia and meetings, and advances in research equipment could also be published in IIUM Engineering Journal with minimum charges.REFEREES’ NETWORKAll papers submitted to IIUM Engineering Journal will be subjected to a rigorous reviewing process through a worldwide network of specialized and competent referees. Each accepted paper should have at least two positive referees’ assessments.SUBMISSION OF A MANUSCRIPTA manuscript should be submitted online to the IIUM-Engineering Journal website:http://journals.iium.edu.my/ejournal. Further correspondence on the status of the paper could be done through the journal website and the e-mail addresses of the Executive Editor: zahirulalam@iium.edu.my Faculty of Engineering, International Islamic University Malaysia (IIUM), Jan Gombak, 53100, Kuala Lumpur, Malaysia. Phone: (603) 6196 4529, Fax:(603) 6196 4488. INTERNATIONAL ADVISORY COMMITTEE A. Anwar, United StatesAbdul Latif Bin Ahmad, MalaysiaFarzad Ismail, USM, Pulau Pinang, MalaysiaHanafy Omar, Saudi ArabiaHany Ammar, United States  K.B. Ramachandran, IndiaKunzu Abdella, CanadaLuis Le Moyne, ISAT, University of Burgundy, FranceM Mujtaba, United KingdomMohamed AI-Rubei, IrelandMohamed B Trabia, United StatesMohammad S. Alam, Texas A&M University-Kingsville, United StatesNazmul KarimOssama Abdulkhalik, Michigan Technological University, United StatesRazi Nalim, IUPUI, Indianapolis, Indiana, United StatesSyed Kamrul Islam, United StatesTibor CziganyYiu-Wing Mai  Published by:IIUM Press, International Islamic University MalaysiaJalan Gombak, 53100 Kuala Lumpur, Malaysia Phone (+603) 6196-5014, Fax: (+603) 6196-6298 Website: http://iiumpress.iium.edu.my/bookshop  Whilst every effort is made by the publisher and editorial board to see that no inaccurate or misleading data, opinion or statement appears in this Journal, they wish to make it clear that the data and opinions appearing in the articles and advertisement herein are the responsibility of the contributor or advertiser concerned. Accordingly, the publisher and the editorial committee accept no liability whatsoever for the consequence of any such inaccurate or misleading data, opinion or statement. IIUM Engineering JournalISSN: 1511-788X  E-ISSN: 2289-7860
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Daigneault, Patrice, Chantal Pilon, Louise Nadeau, Francis DesCôteaux, Alain-F. Bisson, and Ernest Caparros. "Karim Benyekhlef, Les garanties constitutionnelles relatives à l’indépendance judiciaire au Canada, Cowansville, Les Éditions Yvon Blais Inc., 1988, 198 pages, ISBN 2-89073-642-3 Claude Boulanger, Divorce, Collection aide-mémoire, Montréal, Wilson & Lafleur Ltée, 1988, 109 pages, ISBN 2-89127-081-9 Commission de réforme du droit du Canada, La surveillance électronique, Document du travail 47, Ottawa, Commission de réforme du droit du Canada, 1986, 121 pages, ISBN 0-662-53886-2 Henri Kélada et Sélim Naguib, Les moyens préliminaires de défense, Montréal, Société québécoise d’information juridique (SOQUIJ), 1987, 213 pages, ISBN 2-89032-298-X Bartha Maria Knoppers (études publiées par), Institut canadien d’administration de la justice — Professional Liability in Canada / La responsabilité civile des professionnels au Canada, Cowansville, Les Editions Yvon Blais Inc., 1988, 234 pages, ISBN 2-89073-643-1 Guy Lord, Jacques Sasseville et Paul Singer, Les principes de l’imposition du revenu au Canada, Montréal, Les Éditions Thémis Inc., 1985, 433 pages, ISBN 2-920376-25-X Guy Lord et Jacques Sasseville, Les principes de l’imposition du revenu au Canada, Montréal, Les Éditions Thémis Inc., 1987, 453 pages, ISBN 2-920376-25-X Frank E. McArdle, The Cambridge Lectures, 1985, Montréal, Les Éditions Yvon Blais Inc., 1987, 453 pages, ISBN 1-89073-614-8 Monique Ouellette, Droit et science, Montréal, Éditions Thémis, 1986, 176 pages, ISBN 2-920376-50-0 1986 — Prix Charles-Coderre, Les personnes âgées et le droit, Les Éditions Yvon Blais Inc., 1987, 339 pages, ISBN 2-89073-606-7 Jean-Louis Sourioux, Introduction au droit, Paris, Presses Universitaire de France, 1987, 243 pages, ISBN 2-13-040237-2 Gérard Timsit, Thèmes et systèmes de droit, Paris, Presses Universitaires de France, 1986, 205 pages, ISBN 2-13-039608-9 Frédéric Zénati, Les biens, Collection droit fondamental, Paris, PUF, 1988, 397 pages, ISBN 2-13-042133-4." Revue générale de droit 19, no. 4 (1988): 989. http://dx.doi.org/10.7202/1058509ar.
48
Downs, Sarah. "Civil liability for climate change? The proposed tort in Smith v Fonterra with reference to France and the Netherlands." Review of European, Comparative & International Environmental Law, February 4, 2024. http://dx.doi.org/10.1111/reel.12532.
Анотація:
AbstractAs we enter into a period of unprecedented climate instability, litigation is becoming an attractive way to hold private entities accountable for their contribution to global warming. In Smith v Fonterra, New Zealand's Supreme Court is considering whether a common law duty to limit emissions should form part of New Zealand's environmental protection framework. This follows the development of several civil liability mechanisms for environmental damage in overseas jurisdictions. This article examines the implementation of civil liability for climate damage in France and the Netherlands, illustrating the difficulties of effectively dealing with climate change, and its destabilising effect on the law. France implements civil liability mostly on the basis of traditional tort rules, which function to severely restrict its scope. Conversely, the Dutch judiciary introduced a due diligence obligation that requires corporate strategies to be sufficiently in line with international obligations regarding emissions. The latter approach carries more promise, demonstrating that for private entities to be held civilly liable for their contribution to climate change, there must be significant departure from traditional legal doctrine, perhaps in the direction of climate due diligence.
49
Soleimani-Alyar, Leila, Babak Rezapour, and Meysam Eslami. "A comparative study of the victim's fault in civil liability of the police in Iranian and French law." Discover Global Society 2, no. 1 (March 21, 2024). http://dx.doi.org/10.1007/s44282-024-00041-z.
Анотація:
AbstractIn the event of losses and damages, the civil liability prevailing in the legal system of that country always determines the share of responsibility of each person (injured and harmed) in compensating for the damage. It is critical to define the contribution of the civil liability of the victim and the police in some of the damages that occurred in the presence of the police. The present study is a descriptive-analytical study that examines the existing rules and foundations in the field of civil responsibility based on a library study and by using data collection and examination of laws, judicial procedures, and legal perspectives to examine and apply the two legal systems of Iran and France. The case deals with the role of the victim's fault in the civil liability of the police. Based on the results of the investigation of civil liability of the police, it can be different depending on the conditions of doing the act and omission as well as whether or not the act or omission of the police is at fault. Also, in the legal system of both countries under review, considering the role of the victim's fault in the harmful act can relieve the civil liability of the police, and there is a difference between fault and absolute responsibility. Therefore, establishing the relationship of causation in this and the role of the victim based on the existing rules, including the rule of warning, and the law of joint and comparative fault, in some cases can even relieve the civil liability of the police.
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Balouziyeh, John M. B., and Stephen J. Rapp. "The Role of Civil Society in Promoting Corporate Accountability for International Crimes." Journal of International Criminal Justice, May 22, 2024. http://dx.doi.org/10.1093/jicj/mqae009.
Анотація:
Abstract This article examines the role that civil society has played in pursuing corporate accountability for international crimes. The article is divided into five main parts. Following a general introduction in Section 1, Section 2 sets forth the definitions used throughout this article and the methodology used to carry out the research. Section 3 covers cases at international tribunals, beginning with an overview of prosecutions of corporate executives at the International Military Tribunal at Nuremberg and proceeding to an examination of civil society engagement with the International Criminal Court in cases involving corporate actors. Section 4 analyses cases brought by civil society actors in domestic courts, focusing on criminal cases filed in France and civil cases filed in the USA. This section of the article reviews cases from the USA that have narrowed corporate liability for international crimes and compares them with similarly situated cases filed in France, which has become a forum of choice for victims seeking corporate criminal accountability. In Section 5, we conclude that civil society’s pursuit of corporate accountability in domestic courts has ensured that a greater number and a wider range of actors are held to account, thereby complementing the work of international tribunals, which comparatively can try only a small number of cases, and has offered a ray of hope to victims who wish to see accountability for international crimes.