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Статті в журналах з теми "Law of damage"

Автор: Grafiati

Опубліковано: 10 березня 2023

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1

COVRIG, Georgiana. "Labour Law Patrimonial Liabilities. General Aspects." Annals of "Spiru Haret". Economic Series 14, no. 2 (June 30, 2014): 55. http://dx.doi.org/10.26458/1426.

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The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.

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2

Nolan, Donal. "Damage in the English Law of Negligence." Journal of European Tort Law 4, no. 3 (November 1, 2013): 259–81. http://dx.doi.org/10.1515/jetl-2013-0018.

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AbstractAlthough foundational to the tort law of both common law and civil law countries, the concept of damage has been the object of surprisingly little analysis by academics in the common law world. The aim of this article is to redress the balance somewhat by looking more closely at the meaning of damage in the English law of negligence. The first part of the article consists of general observations on the damage concept. It is argued that it is impossible to devise a meaningful general definition of damage, that damage is not the same thing as loss, and that the damage concept is compatible with rights-based analysis of negligence law. The remainder of the article is devoted to consideration of the two most common forms of damage, personal injury and physical damage to property. It is argued that a central idea underpinning both these routine forms of damage is that of ‘impairment’ and that both forms of damage are subject to de minimis principles. As regards personal injury, particular attention is paid to the forms of psychiatric injury which ground a negligence claim. Finally, it is argued that for property to be damaged there must be a physical change in the property which impairs its utility or value, and that merely to incapacitate property is not to damage it. Although the primary focus is on English law (and the common law more generally), some comparative observations are made.

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3

Kaļva, Aldis. "COMPENSATION OF NON-PECUNIARY DAMAGE CAUSED BY UNLAWFUL OR UNJUSTIFIED RESTRICTION OF LIBERTY." Administrative and Criminal Justice 2, no. 83 (September 20, 2018): 85. http://dx.doi.org/10.17770/acj.v2i83.3459.

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In this publication it was research non-pecuniary damages caused by law enforcement agency and its indemnification. As the goal of publication was set to discover and analyse the problem about non-pecuniary damages caused by law enforcement agency and its indemnification and to investigate whether the newly adopted law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations eliminates pre-existing problems with indemnification of non-pecuniary damage caused by law enforcement agency. The raised aim was achieved. It was found, that law on Compensation for Damage Caused in Criminal Proceedings and Administrative Violations eliminates pre-existing problems when courts had problems determining the amount of compensation of non-pecuniary damages in accordance with Civil law article 5. However there are problems with fixed calculation of daily wages in the article 15. of the law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations.The article uses the systemic, dogmatic and comparative method of studying and analyzing normative acts and court rulings.

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4

Foster, S. R. "Transboundary Damage in International Law." Journal of Environmental Law 16, no. 3 (March 1, 2004): 409–11. http://dx.doi.org/10.1093/jel/16.3.409.

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5

Brock, Jonathan. "Hurricane Damage and the Law." Commonwealth Law Bulletin 32, no. 1 (March 2006): 3–26. http://dx.doi.org/10.1080/03050710600850249.

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6

Lemaitre, Jean, Rodrigue Desmorat, and Maxime Sauzay. "Anisotropic damage law of evolution." European Journal of Mechanics - A/Solids 19, no. 2 (March 2000): 187–208. http://dx.doi.org/10.1016/s0997-7538(00)00161-3.

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7

Sarhan, Adnan Ibrahim. "The Objectivity of Damage Guarantee A Comparative Study." Journal of Law 11, no. 1 (January 1, 2014): 37–80. http://dx.doi.org/10.12785/law/110102.

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8

Truong, Do Van. "724 Damage Mechanics Concept to Cohesive Law of Fracture Interface." Proceedings of Conference of Kansai Branch 2008.83 (2008): _7–24_. http://dx.doi.org/10.1299/jsmekansai.2008.83._7-24_.

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9

Knight, Cjs. "The Damage of Damages: Agreements on Jurisdiction and Choice of Law." Journal of Private International Law 4, no. 3 (December 2008): 501–13. http://dx.doi.org/10.1080/17536235.2008.11424349.

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10

Gidron, Tamar. "Defamation Law in Turbulence: Does Israel Need ‘Libel Reform’?" Israel Law Review 46, no. 1 (March 2013): 95–134. http://dx.doi.org/10.1017/s0021223712000301.

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Анотація:

Among the various bills proposing amendments to Israel's Defamation (Prohibition) Law that were presented to the 18th Knesset, the most controversial one is the bill proposing an increase in the caps on statutory damages (without proof of special or general damage). The current NIS 50,000 cap (NIS 100,000 when the publication was intended to cause injury) will be replaced, if the bill is approved, by a NIS 300,000 cap (NIS 600,000 when the publication was intended to cause injury). This proposed massive change has ignited a heated public debate. The bill, according to its proponents, is targeted principally at the media. Its aim is deterrence and even punishment, accomplished by attaching a higher price tag to libellous publications while focusing on remedies and leaving liability tests (including defences) untouched.I claim that this bill is both unnecessary and detrimental.Based on case law from the eight-year period 2004–11 on damages awarded by Israeli courts in defamation cases – both damages awarded ‘without proof of damage’ (the plaintiff does not need to prove damage caused by the publication) and damages awarded for ‘general damage’ (some general damage needs to be proved) – I conclude that the spectrum of judicial discretion is sufficiently broad to accommodate any level of deterrence seen fit by the courts in any circumstances. The fact that average damages awards do not reach the statutory caps indicates that, for all practical purposes, legislative intrusion in the manner proposed is erroneous. As to the normative standards the bill strives to convey, I maintain that absent reasonable justifications based on identifiable changes in cultural, social or other circumstances over time, the attempt to change the currently accepted balance between the rights of reputation and freedom of speech in Israeli defamation law in terms of damages awards is also erroneous.Even if some modification of the current balance between reputation and free speech, as a result of specified changes in circumstances, do indeed appear to be necessary, the particular content, form and measure of this specific bill – which have yet to be examined and assessed – do not seem to provide the right approach to achieve such modifications.

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11

Kumar, Manoj, and P. M. Dixit. "A nonlinear ductile damage growth law." International Journal of Damage Mechanics 24, no. 7 (December 2014): 1070–85. http://dx.doi.org/10.1177/1056789514561807.

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12

Anderson, Michael R., and Anees Ahmed. "Assessing Environmental Damage under Indian Law." Review of European Community and International Environmental Law 5, no. 4 (December 1996): 335–41. http://dx.doi.org/10.1111/j.1467-9388.1996.tb00298.x.

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13

Emmanouilidis, Janis A. "Between collateral damage and "iron law"." Ελληνική Επιθεώρηση Πολιτικής Επιστήμης 39 (October 24, 2017): 106. http://dx.doi.org/10.12681/hpsa.14548.

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14

Lemaitre, J., and J. P. Sermage. "One damage law for different mechanisms." Computational Mechanics 20, no. 1-2 (July 1997): 84–88. http://dx.doi.org/10.1007/s004660050221.

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15

Ajeel, Tariq Kazem. "The Insurance against Civil Liability Arising from Nuclear Damage." Journal of Law 13, no. 01 (April 1, 2016): 58–94. http://dx.doi.org/10.12785/law/130102.

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16

Schorlemer. "Damage caused by international catastrophes under the aspects of the law of damages of insurance law." Insurance: Mathematics and Economics 12, no. 1 (February 1993): 91. http://dx.doi.org/10.1016/0167-6687(93)91092-9.

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17

Jadda, Asram A. T., M. Arfin Hamid, Muhammad Yunus, and Irwansyah. "Law enforcement against environmental damage using and environmental law approach." IOP Conference Series: Earth and Environmental Science 870, no. 1 (October 1, 2021): 012009. http://dx.doi.org/10.1088/1755-1315/870/1/012009.

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18

Savčić, Sanja. "On monetary compensation for non-pecuniary damage to legal entities in Serbian law: Appendix to the reform of damages law." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 3 (2022): 767–93. http://dx.doi.org/10.5937/zrpfns56-41177.

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Анотація:

The right to monetary compensation for non-property damage is not enjoyed in the same way by all legal entities, i.e. legal entities and natural persons. In theory and practice, there are different approaches regarding the issue of whether a legal entity can suffer non-material damage of the same intensity and in the same form as is the case with natural persons. In this regard, it was pointed out that a legal entity can have a reputation, and therefore a damaged reputation can be the basis for an obligation to pay compensation for the damage suffered as a result. The discussion on the merits of monetary compensation for non-material damage to legal entities continued until the adoption of the legal understanding of the Civil Department of the Supreme Court of Serbia on February 5, 2001. The more recent theory of obligation law discusses this issue in the context of the need to review the current rules of tort law. In this sense, it is emphasized that the objective concept of non-property damage, which excludes physical or psychological pain and fear from the conceptual definition, provides a legal basis for monetary compensation of such damage to legal entities. Such changes have already been implemented in some countries of the former Yugoslavia. When it comes to Serbia, theory and practice are still waiting for reform, although there are indications that reform has already taken place on the normative level. Therefore, the aim of this paper is to answer the question whether in our law there is a right of a legal entity to compensation for non-property damage.

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19

Omerović, Enis. "Damage in International Law: Precondition For State and International Organization Responsibility?" Društvene i humanističke studije (Online) 6, no. 3(16) (July 27, 2021): 381–408. http://dx.doi.org/10.51558/2490-3647.2021.6.3.381.

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Анотація:

The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.

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20

KUWAMURA, Hitoshi, and Katsunori TAMURA. "MODAL DAMAGE OF STRUCTURES DURING EARTHQUAKE : Generalized law of damage distribution." Journal of Structural and Construction Engineering (Transactions of AIJ) 63, no. 507 (1998): 79–86. http://dx.doi.org/10.3130/aijs.63.79_1.

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21

Xu, Ai Bin, Feng Gao, Hong Mei Cheng, and Xing Guang Liu. "Research on Distribution and Evolution Law of the Damage-Fracture Field in Mining Process." Advanced Materials Research 243-249 (May 2011): 5964–67. http://dx.doi.org/10.4028/www.scientific.net/amr.243-249.5964.

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The distribution and spatiotemporal evolution law of the mining-induced fracture field was studied by means of damage mechanics. The damage variable correlated with the excavation process was introduced, which was used to describe the distribution characteristics of fractures in rock mass. In accordance with the damaged theory, the elastic finite element program was developed, by which the analysis of mining process of one coal seam was made of. The material damage accumulation taken into consideration, the distribution and evolution law of the volumetric strain, stress and damage field was obtained, which provided a theoretic reference for the design of gas drainage and improving the efficiency of gas extraction.

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22

Tettenborn, Andrew. "Reversionary Damage to Chattels." Cambridge Law Journal 53, no. 2 (July 1994): 326–42. http://dx.doi.org/10.1017/s0008197300099074.

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To the annoyance of students and academics alike, the law of tort contains a number of awkward heads of liability which defy classification except under “Miscellaneous” or some similar rubric. This article explores one such: the action on the case for damage to the plaintiffs reversionary interest in a chattel. This oddly obscure head, of liability does not even have a generally-accepted name (in this article it is christened, for brevity, “reversionary damage”). It is traditionally dismissed by the text-books in a paragraph or two; the leading cases on it are rarely cited; and yet in practice it is a highly important aspect of the law of personal property without which the owner's protection would be seriously incomplete.

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23

Muszyńska, Anna, and Angelika Jura. "Problematyka przejścia wierzytelności o naprawienie szkody wyrządzonej przestępstwem — wybrane zagadnienia." Nowa Kodyfikacja Prawa Karnego 48 (November 28, 2018): 131–46. http://dx.doi.org/10.19195/2084-5065.48.8.

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Issues related to a transfer of receivables for damages caused by a crime — selected issuesThe article is devoted to the issue of the victim’s handing over a claim for compensation for damage caused by a crime to a third party by way of conclusion of a civil law contract. Reference has been made to a status of a buyer of a claim for damages, the possibility of its occurrence as a party to a criminal process, status of an aggrieved party, as well as the characteristic context of the criminal law obligation to repair a damage, with its main concepts: damage and the aggrieved party.

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24

Djundic, Petar. "The law applicable to environmental damage in European private international law." Zbornik radova Pravnog fakulteta, Novi Sad 47, no. 4 (2013): 317–35. http://dx.doi.org/10.5937/zrpfns47-5125.

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25

Guo, Zheying, and Raffaella De Vita. "Probabilistic constitutive law for damage in ligaments." Medical Engineering & Physics 31, no. 9 (November 2009): 1104–9. http://dx.doi.org/10.1016/j.medengphy.2009.06.011.

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26

Mullany, Nicholas J. "Reform of the Law of Latent Damage." Modern Law Review 54, no. 3 (May 1991): 349–84. http://dx.doi.org/10.1111/j.1468-2230.1991.tb00891.x.

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27

Hendriana, Rani, Nurani Ajeng Tri Utami, and Angkasa. "Law Enforcement of Environmental Pollution and Damage." IOP Conference Series: Earth and Environmental Science 519 (July 7, 2020): 012023. http://dx.doi.org/10.1088/1755-1315/519/1/012023.

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28

Tietje, Christian, and Emily Sipiorski. "Offset of Benefits in Damages Calculation in International Investment Arbitration." Journal of International Arbitration 29, Issue 5 (October 1, 2012): 545–66. http://dx.doi.org/10.54648/joia2012034.

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It is recognized in public international law that the very notion and rationale of full compensation implies that double recovery has to be avoided. Offset of benefits is also determined by considerations of equity which are inherently part of any damage calculation. In addition, offset of benefits is also recognized in international conventions and instruments on international commercial law. International tribunals have, however, for a long time recognized that the law does not require offsetting the benefit in all cases where a benefit is received. Already early jurisprudence points to causality as the decisive factor concerning the offset of benefits. Thus, any offsetting of benefits depends on causality in terms of an adequate and close connection between damage and benefit. Moreover, tribunals have rejected attempts to apply profits made by a non-regulated sector of the business to offset the damages awards. Thus, in case the benefits which occur and the damage experienced are located in two separate entities, an offset of benefits may not be considered. A comparative law perspective affirms that offset of benefits is a recognized principle of law of damages but that it is subject to certain prerequisites which are essentially based on considerations of causality and equity.

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29

Cazes, Fabien, Anita Simatos, Michel Coret, Alain Combescure, and Anthony Gravouil. "Cracking Cohesive Law Thermodynamically Equivalent to a Non-Local Damage Model." Key Engineering Materials 385-387 (July 2008): 81–84. http://dx.doi.org/10.4028/www.scientific.net/kem.385-387.81.

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This paper deals with the transition from a localized damage state to crack formation. Several attempts have already been made in this field. Our approach is in the continuity of studies where thermodynamic considerations lead to the definition of an equivalent crack concept. The main idea consists in replacing a damaged localized zone by a crack in order to recover the same amount of dissipated energy. On the one hand, a nonlocal model is used to modelize accurately localized damage. On the other hand, an elastic model which authorizes the formation of a crack described by a cohesive zone model is used. This cohesive zone model is defined thermodynamically in order to be in concordance with the damage model. The method allows obtaining the cohesive zone model traction curve from the knowledge of the nonlocal damage model solution. The numerical implementation is done using a Lagrangian multiplier that ensures the energetic equivalence between both models.

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30

Zhao, Yongqiang, Quansheng Li, Kai Zhang, Yingming Yang, Dongxiao Zhang, Weilong Zhang, and Xiaojun Ding. "Experimental Study on Mechanical Properties and Failure Mechanism of Damaged Sandstone." Sustainability 15, no. 1 (December 28, 2022): 555. http://dx.doi.org/10.3390/su15010555.

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Анотація:

Solid materials such as rocks can contain primary defects, and internal defects are activated in the event of mining disturbance, which causes rock damage and destruction. Therefore, it is of great significance for rock engineering to study the mechanical properties and failure mechanism of damaged rock. In this study, damaged prefabricated crack sandstone specimens were prepared with the cyclic loading-unloading test, and the uniaxial loading test was carried out with damaged specimens. The evolution law of peak strength, elastic modulus, and peak strain of specimens with different damage degrees was studied, the quantitative relationship between the P-wave velocity and the damage degree was obtained, and the acoustic emission (AE) count and energy evolution characteristics of specimens with different damage degrees were analyzed. The energy evolution law of damaged specimens was revealed, and with the increase in damage degree, the elastic energy stored in the specimens can be converted into crack propagation more quickly, and the dissipated energy density increases rapidly, resulting in complete rock failure. The research results can provide theoretical support for the stability analysis and control of underground engineering rock mass in the event of multiple disturbances.

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31

Nyka, Maciej. "State Responsibility for Climate Change Damages." Review of European and Comparative Law 45, no. 2 (June 16, 2021): 131–52. http://dx.doi.org/10.31743/recl.12246.

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The state’s liability for damages in the field of climate change remains one of those areas of international law that has not yet been comprehensively regulated. At present, the Warsaw International Mechanism for Loss and Damage, specific to the norms of international climate law, is not an alternative to the general principles of international law regulating responsibility and compensation issues of the states in the sphere of international climate law. The application of customary international legal mechanisms of responsibility of states in relation to climate damage can be a kind of challenge. Both the damage itself and elements such as causation or the possibility of attributing responsibility to the state pose a significant challenge in the sphere of climate protection. On the other hand, it is impossible not to notice that properly applied norms of general international law make it possible to overcome the difficulties arising from the specificity of the responsibility of countries for climate change. The latest jurisprudence of the International Court of Justice in environmental matters creates a framework for the settlement and implementation of possible liability for damages in the area of climate change.

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32

Hennig, Martin. "The Untouchable Nature of the ‘EU Seal Regime’—Is the European Union Liable for the Damages Suffered by the Canadian Inuit Due to the Violation of WTO Law in EC—Seal Products?" International Journal of Marine and Coastal Law 33, no. 2 (March 12, 2018): 403–14. http://dx.doi.org/10.1163/15718085-13320003.

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Abstract In this article, the author assesses whether Canadian Inuit sealers, who have suffered economic damage in the wake of the introduction of the European Union (EU) ban on seal products, can bring an action for damages against the EU before the European Court of Justice. The author reviews why the EU ban on seal hunting violates World Trade Office (WTO) law and discusses if, and why, Canadian Inuit sealers can rely on a violation of the WTO Agreements as a legal basis in a potential claim for damages under EU law. Moreover, the author criticizes the current state of EU law, which does not grant reparation of the economic damage suffered by indigenous communities when carrying out their traditional seal hunts that are protected under UN human rights law.

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33

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.

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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.

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34

Jurkowska-Gomułka, Agata. "Antitrust Damage Claims: A View From Efta Court." Market and Competition Law Review 3, no. 2 (October 1, 2020): 153–70. http://dx.doi.org/10.7559/mclawreview.2019.1829.

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Анотація:

Articles 101 and 102 TFEU have become a pattern for competition rules provided in Articles 53 and 54 of the EEA Agreement, which entered into force on 1 January 1994. Both EU competition law and EEA competition law can be enforced before national courts. Lodging damage claims in the EU was facilitated by Directive 2014/104/EU. The so-called Antitrust Damages Directive was highly inspired by the jurisprudence of the Court of Justice of the European Union. Although Directive 2014/104/EU has not been incorporated into the EEA law, damage claims resulting from violations of EEA competition rules are judged by national courts in the EEA Member States, which is why some aspects of private enforcement of competition law have become a point of interest for the EFTA Court, being – together with the Court of Justice of the European Union – the EEA court. Firstly, the article aims at checking if the EFTA Court jurisprudence on antitrust damage claims follows the guidelines formulated in the case law of the Court of Justice. Since the positive answer to this question is highly probable, secondly, the article aims at identifying the extent of the impact of EU jurisprudence in private enforcement cases on judgments of the EFTA Court. The article concludes that the EFTA Court’s activities regarding antitrust damage claims follow the route indicated by the Court of Justice of the European Union. Four identified judgments regarding – directly or indirectly – antitrust damage claims (Nye Kystlink, Fjarskipti, Schenker I and Schenker V), delivered by the EFTA Court, seem to strengthen its position as an institution that is able to guarantee a coherence between EEA and EU competition law. EFTA Court’s judgments in private enforcement cases are also a point of interest and reference for EU Advocates General and can become an inspiration for both EU and national case law.

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35

Zhao, Yang, Hongwei Zhou, Jiangcheng Zhong, and Di Liu. "Study on the relation between damage and permeability of sandstone at depth under cyclic loading." International Journal of Coal Science & Technology 6, no. 4 (November 12, 2019): 479–92. http://dx.doi.org/10.1007/s40789-019-00278-z.

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Abstract The damage and permeability evolution of rock under stress is of great significance to engineering safety. In this paper, the evolution law of rock damage and permeability is studied by means of acoustic emission (AE) seepage experiment on deep roof sandstone with cyclic loading. Characterization of damage uses the changes in acoustic emission fractal characteristics and compression parameter which based on elastic modulus. The experimental results show that the AE events has fractal characteristic, in which the AE b-value and correlation dimension can represent the damage of rock. When the fractal characteristic value of AE increases, it indicates that the rock is in the compaction stage and the damage is not obvious. When the fractal characteristic value of AE drops, it indicates that the rock was damaged, and the permeability increase. Under the cyclic load increasing step by step, the elastic modulus first increases and then decrease. Introducing compression parameter C to characterize the state of compaction and damage, it is obtained that the rock damage state and hydrostatic permeability show a power law function relationship with porosity and have the same monotonicity. When compression parameter is less than zero, the evolution law of permeability and damage can be described by functional relationship between hydrostatic permeability K and compression parameter C.

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36

Vodopian, T. V. "Compensation for moral damage caused as a result of an injury at work or occupational disease." Legal horizons, no. 18 (2019): 48–55. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p.

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State policy in the field of occupational safety is aimed at creating proper, safe, and healthy working conditions, prevention of accidents and occupational injuries. Despite this, unfortunately, in Ukraine, many injuries, as well as deaths resulting from workplace injuries and illnesses, are recorded annually. According to the requirements of the labor legislation, the owner or his authorized body shall be entrusted with ensuring safe and harmless working conditions. Moral damage caused by workplace injuries and illness issues is governed by the rules of civil law and labor law and social security law. In the event of harm to an employee, the employer has a duty to compensate for material and moral damage, whereby the latter is liable to compensation if the violations of the employee’s legal rights have resulted in moral suffering, loss of normal life ties, and require him / her extra life for organizing. Both the employer and the Social Insurance Fund are subject to compensation for material damage caused to the employee as a result of workplace injuries and illnesses, and only the employer is responsible for moral damage. There are no clear algorithms for calculating the number of moral damages, the lower or the upper limit, and the court must consider the requirements of reasonableness and fairness in determining the number of moral damages. Moral damage is compensated irrespective of the material damage to be recovered and is not related to the amount of such compensation. The amount of moral damage is determined by the court depending on the nature of the offense, the depth of physical and mental suffering, impairment of the victim’s abilities, or deprivation of their ability to realize them, the degree of guilt of the person who caused the moral harm, if the fault is grounds for compensation, and also taking into account other essential circumstances. An analysis of the case-law on claims by persons who have received workplace injuries and illnesses or their close relatives to employers for compensation for moral damage indicates that courts have applied unequal substantive law rules and a large range of amounts recovered for moral damage. Keywords: moral harm, industrial injury, workplace illness, employer, employee.

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37

McLauchlan, David. "Some Damages Dilemmas in Private Law." Victoria University of Wellington Law Review 52, no. 4 (January 26, 2022): 875–96. http://dx.doi.org/10.26686/vuwlr.v52i4.7422.

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It is universally accepted that, subject to various restrictions including remoteness and mitigation of damage, the purpose of damages for breach of civil obligations is to put the parties whose rights have been breached in the same position, so far as money can do so, as if their rights had been observed. This is commonly referred to as the overriding compensatory principle. Nevertheless, although the principle can be quite simply stated, its application in practice commonly provokes much judicial disagreement and academic controversy. In this article, Professor McLauchlan discusses some of the modern leading cases that arguably could or should have been decided differently. As the title of the article suggests, the cases can fairly be described as giving rise to damages dilemmas.

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38

Li, Haoran, Jiadong Wang, Juncheng Wang, Ming Hu, and Yan Peng. "Continuum Damage Mechanics Approach for Modeling Cumulative-Damage Model." Mathematical Problems in Engineering 2021 (June 2, 2021): 1–12. http://dx.doi.org/10.1155/2021/7136846.

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In this study, we propose a novel cumulative-damage model based on continuum damage mechanics under situations where the mechanical components are subjected to variable loading. The equivalent completely reversed stress amplitude accounting for the effect of mean stress, stress gradients, loading history, and additional hardening behavior related to nonproportional loading paths on high-cycle fatigue under variable loading is elaborated. The effect of mean stress, stress gradients, loading history, and additional hardening behavior related to nonproportional loading paths is considered by averaging the superior limit of the intrinsic damage dissipation work in the critical domain. We developed a novel cumulative-damage model by introducing the equivalent completely reversed stress amplitude into the damage-evolution model. For better comparison, existing cumulative-damage models, including the Palmgren–Miner law, corrected Palmgren–Miner law, Morrow’s plastic work interaction rule, and Wang’s rule, were employed to predict the fatigue life under variable loading. The proposed model performed better, considering the error scatter band obtained by plotting the predicted and experimental fatigue life on the same coordinate system. The model precisely predicts fatigue life under variable loading and easily identifies its material constants.

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39

Storme, Matthias E., Barbara Pozzo, and Andrew McGee. "Constitutional review of Disproportionately Different Periods of Limitation of Actions (Prescription)." European Review of Private Law 5, Issue 1 (March 1, 1997): 79–100. http://dx.doi.org/10.54648/149359.

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The different treatment of victims, in relation to limitation of civil actions for damages, depending on whether the fault causing the damage constitutes a criminal offence or not (Art 26 Preliminary Title of the Code of Criminal procedure), has the effect that a party who has suffered damage is in a fundamentally less favourable situation when the damage is caused by a fault constituting a criminal offence as compared to the case where the fault does not constitute a criminal offence. In those cases where the damage only becomes apparent after a long period of time, this leads to a serious limitation of the rights of the victim, out of all proportion with the interests which the legislator of 1878 and 1961 sought to protect, namely the right of the tortfeasor to put his past behind him, legal certainty and the public interest in avoiding a new disturbance of social peace and order where it has been restored in the meantime. These preoccupations justify specific periods of limitation for penal actions, according to the gravity of the offence. They do not, however, justify the position where the limitation period for a civil action for damages caused by these facts is five years — even taking into account the amendments which have been effected by legislation and case law — when compensation for damage caused by fault, which does not constitute a criminal offence, can be claimed for a period of thirty years. There is thus no reasonable proportionality between the measure and its effects on the victims of criminal offences.

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40

Fombad, Charles Manga. "Compensation of victims of motor vehicle accidents in Botswana: an appraisal of the MVA Fund Act scheme." Journal of African Law 43, no. 2 (1999): 151–83. http://dx.doi.org/10.1017/s0021855300011323.

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In Botswana, which has one of the fastest growing economies in the world, motor vehicle accidents have become a serious economic and social problem. The waste of human and material resources caused by the resulting deaths, bodily injuries and damage to property has for long been a matter of concern t o the government. This is particularly so because not only are financial resources diverted away from more productive purposes, but members of the public live in fear of being killed, maimed or suffering property damage with no certainty of compensation. Even motor vehicle owners are also adversely affected by the damage to their vehicles and the financially crippling risk of having to pay enormous amounts as damages.

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Lestarini, Ratih, Tirtawening, Riza Harmain, Succi Wulandhary, and Dyah Utari. "The implementation strategy of customary law aspect in protecting local environment." E3S Web of Conferences 52 (2018): 00041. http://dx.doi.org/10.1051/e3sconf/20185200041.

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Environmental protection efforts have been made by the people, especially those still governed by customary law. Customary law serves to regulate society in all aspects of life, including the relationship between humans and between humans and the environment. The customary law also serves to regulate the use and the management of the environment efficiently for the purpose of preventing environmental damages and maintaining sustainability for the future. The communities which still have strong customary law will tend to preserve the environment and limit usages that cause damage to the environment. Cases of environmental damage that occurred today is very worrying. The formal law created is not sufficient to control it, so customary law is needed as an alternative to complementing the lack of formal law in order to effectively prevent the environmental damage. This research is aimed to determine the best way to protect the environment using customary aspect as the instrument. The method used in this paper is SWOT analysis that determines the strategies of the customary law in environment protection. The selection of the strategy was determined by the score and the weight of the pre-defined components. The results showed that the customary law, which has its own legal logic with aspects of local knowledge developed in the community for a long time as it relates to the values inherent culture and spiritualism, has a chance to be implemented in protecting environment. Customary law can be instrumental in preventing and protecting the environmental damage because the goal is to create harmony with nature.

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42

Karaseva (Sentsova), Marina. "Civil-legal institutions in tax law enforcement." Law Enforcement Review 1, no. 3 (October 3, 2017): 42–49. http://dx.doi.org/10.24147/2542-1514.2017.1(3).42-49.

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The subject. The enforcement of civil-legal institutions, such as liability for damage and unjustenrichment in tax disputes.The purpose of the paper is to identify how the civil-legal institutions may help in interpretationand enforcement of tax legal rules.The methodology. The methods of analysis and synthesis are used. The focus of the scientificanalysis concerns the decisions of the Constitutional Court of the Russian Federation,the Supreme Court of the Russian Federation and the courts of general jurisdiction.Results and scope of application. Damage (harm) caused to the state by tax arrears is fundamentallydifferent from the harm (damage) caused to the civil order, responsibility forwhich is provided by Art. 1064 of the Russian Civil Code. Concerning the damages to stateby tax arrears, these arrears don’t affect the initial assets of the state and couldn’t be reimbursedusing to the civil order (Art. 1064 of the Russian Civil Code).Concerning property deduction on personal income tax, it can't be equaled to tax (arrears)by using the legal fiction. Because the underestimation of the tax base for personal incometax leads to property losses of the budget, this situation is subject to the application of civillaw institutions.Conclusions. Today the law enforcement practice creates a situation of substitution of legalityby expediency. The essence of this situation is that, if it is not possible to solve a situationby using tax legal rules, the situations is solved by civil law, although the applicationof the civil law to these situations is not possible on the merits.

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Zeng, Linyichen, and Shuo Zhang. "Synergistic Effect Analysis of Ecological Protection and Environmental Law and Ecological Civil Code." Journal of Environmental and Public Health 2022 (July 21, 2022): 1–11. http://dx.doi.org/10.1155/2022/9631782.

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In order to further curb the damage to the ecological environment from the perspective of legal synergistic supervision, a synergistic analysis method between the ecological protection environmental law and the ecological Civil Code is proposed. Coordinated supervision, with the new Civil Code as the research background, from the perspective of interpretation, explores the solution to the problem of “ecological environmental damage” in the newly promulgated Civil Code for behavior that damages the ecological environment. The research results believe that, from the perspective of rights, environmental rights should be regarded as the concentrated expression of rights in the sense of private law in the ecological environment law. Article 1234 of the Tort Liability Section stipulates that “the state-specified agency or the law-specified organization” as the representative of environmental public interests proposes damage. The request resolves the legitimacy of relevant agencies and organizations as civil subjects to represent environmental public interests. Finally, it clearly stipulates the responsibility for ecological restoration, expands the way of undertaking tort liability caused by environmental damage, and solves the problem that it was limited to “restoration” in the past and could not be actually performed.

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44

Xie, Ming, and Shan Suo Zheng. "Elastic-Plastic Fractal Damage Constitutive Law for Concrete." Advanced Materials Research 382 (November 2011): 348–51. http://dx.doi.org/10.4028/www.scientific.net/amr.382.348.

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In consideration of stochastik and discreteness of fracture surface, a class of mesoscopic damage mechanics model of concrete based on spring model, are put forward to understand the real damage evolution characteristics of concrete at the level of constitutional law. A kind of spring-slipper model is introduced to reflect the elastic-plastic damage behavior. Uniaxial test was operated, combined with the Computerized Tomography test of concrete, to study the evolution of crack surface from mesoscopic level to macroscopic level. And the rationality of fractal damage constitutive law was verified with their theoretical calculation result and test results. Compared with the existing damage constitutive law and experimental results preliminarily, the feasibility of fractal damage constitutive law is verified.

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45

Liang, Shi Xue, Xiao Dan Ren, and Jie Li. "A Micro-Cell Size Dependent Damage Law of Concrete." Applied Mechanics and Materials 784 (August 2015): 200–208. http://dx.doi.org/10.4028/www.scientific.net/amm.784.200.

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A micro-cell size dependent damage law is proposed by the multi-scale damage representation to remedy the mesh sensitivities involving in the numerical simulations. The homogenization based multi-scale damage representation is firstly introduced in obtaining the macro-damage evolution from micro-cell analysis. Then, the micro-cells with different sizes are generated and the corresponding simulations are given. Based on the simulation results, we define the micro-cell size dependent damage law. Finally, the accuracy and efficiency of the proposed damage law are verified by the notched beam simulation results.

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46

Pahlke, Anne-Kathrin, Bart de Temmermann, and Kostas N. Christodoulou. "OGH vom 27.1.1999, 3 Ob 225/98d, JBL 1999, 470 Zur Verzinsung eines Schadensersatzanspruches beim Schuldnerverzug." European Review of Private Law 8, Issue 4 (December 1, 2000): 689–727. http://dx.doi.org/10.54648/315112.

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The following set of facts formed the basis of the decision of the Austrian OGH: The parties were land owners. Jn 1992 excavation work at the defendant's premises caused damage to the claimant's neighbouring house because inadequate precautions were taken. The amount of the damage (repair costs, reduction in value etc.) came to more than 1.85 million Austrian Schillings. The claimant did not allow the repairs until the day of the decision of the OGII, and also did not claim any advance on the costs from the defendant. He worked from October 1993 with a bank loan, that exceeded the amount of the damages, which attracted interest at a rate higher than the legal rate. In his claim, the claimant sought compensation for his aforementioned damage including the full amount of interest that had accumulated through the delay in payment. The lower courts awarded the claimant his aforementioned damage, but only allowed his claim for interest at the legal rate of 4%. In his application for Revision the claimant sought reimbursement of the sum constituting the difference between the legal rate of interest and the rate that he claimed to have paid. According to the OGII, a claimant's claim for interest is justified in so far as he has been able to show that he has actually suffered damage in the form of interest payments of the amount claimed during the relevant time period. The issue is one of damage resulting from delay, irrespective of whether the person responsible for payment of compensation was approached for an advance of the costs involved in repairing the damage before credit was obtained or not. This head of damages — which is not limited by § 1333 AGBG — can also be claimed when the person responsible for compensation is liable to pay for the "positive damage" caused by the slight negligence of the tortfeasor. According to § 1298 AGBG it is the defendant who has the burden of pleading and proof of the absence of fault. It is irrelevant whether the claimant has incurred the amount claimed solely in repair costs. A claim is however excluded, because of the disqualification of fictitious repair costs, if it is established that no attempt to repair the damage will (or can) be made at all. The following authors investigate the issues raised by the decision from the point of view of Austrian, German (Pahlke, Christodoulon), Belgian (Temmerman), and Greek (Christodoulou) law, as well as with reference to the Principles of European Contract Law, the CISG, the Unidroit Principles and the European Parliament and Council Regulation on the Combauing of Late Payments in Commercial Transactions of 29.6.2000.

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47

Zheng, Qiangqiang, Hao Hu, Anying Yuan, Mengyao Li, Haibo Wang, Mengxiang Wang, Qi Zong, and Shouyang Zhang. "Impact Dynamic Properties and Energy Evolution of Damaged Sandstone Based on Cyclic Loading Threshold." Shock and Vibration 2020 (November 27, 2020): 1–12. http://dx.doi.org/10.1155/2020/6615602.

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Rocks in deep coal mines are usually in varying degrees of damage state before they are destabilized by impact loads such as rock bursts. For the problem of the mechanical properties and energy evolution of damaged rocks under impact loads, the authors use static loads with different cyclic load thresholds to act on sandstone specimens to make them in distinct degrees of damage. Then, the rock mechanics system (MTS-816) and the Split Hopkinson pressure bar (SHPB) are employed to perform uniaxial compression and impact dynamics tests on sandstones with different degrees of damage. The results show that, from the perspective of mechanical properties, the uniaxial compressive strength and dynamic compressive strength of the damaged sandstone gradually decrease with the increase of the upper limit of the cycle threshold and both obey the growth law of the quadratic function, and the dynamic strength increase factor (DIF) also decreases with the increase of the cyclic load threshold. In terms of energy, with the increment of the cyclic load threshold, the number of cracks in the damaged sandstone is large and the scale is enormous. Due to the effect of cracks, when the incident energy is a fixed value, the transmission energy decreases with the increase of the damage degree and the change law of the reflection energy is the opposite. The systematic study of the dynamic mechanical properties and energy evolution law of the damaged sandstone provides some reference for the prevention and mechanism research of rock bursts.

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48

Abdel Wahab, Magd, Irfan Hilmy, and Reza Hojjati-Talemi. "On the Use of Low and High Cycle Fatigue Damage Models." Key Engineering Materials 569-570 (July 2013): 1029–35. http://dx.doi.org/10.4028/www.scientific.net/kem.569-570.1029.

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In this paper, Continuum Damage Mechanics (CDM) theory is applied to low cycle and high cycle fatigue problems. Damage evolution laws are derived from thermodynamic principles and the fatigue number of cycles to crack initiation is expressed in terms of the range of applied stresses, triaxiality function and material constants termed as damage parameters. Low cycle fatigue damage evolution law is applied to adhesively bonded single lap joint. Damage parameters as function of stress are extracted from the fatigue tests and the damage model. High cycle fatigue damage model is applied to fretting fatigue test specimens and is integrated within a Finite Element Analysis (FEA) code in order to predict the number of cycles to crack initiation. Fretting fatigue problems involve two types of analyses; namely contact mechanics and damage/fracture mechanics. The high cycle fatigue damage evolution law takes into account the effect of different parameters such as contact geometry, axial stress, normal load and tangential load.

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49

Pralong, Antoine, Martin Funk, and Martin P. Lüthi. "A description of crevasse formation using continuum damage mechanics." Annals of Glaciology 37 (2003): 77–82. http://dx.doi.org/10.3189/172756403781816077.

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AbstractContinuum damage mechanics describes the progressive deterioration of material subjected to loading. Jointly used with a level-set method, it proves to be a promising approach to computing the interface motion of a damaged material. For polycrystalline ice, a local isotropic damage evolution law (generalized Kachanow’s law) applied to Glen’s flow law allows the description of tertiary creep and facilitates the modeling of crevasse opening using a failure criterion based on damage accumulation. The use of a level-set method permits the description, in a continuum approach, of the motion of a fractured glacier surface. Using these methods, a model is developed. The ability of this model to describe phenomena connected to crevasse opening is presented. The rupture of a large ice block from a hanging glacier is computed and analyzed. The regular acceleration of such an unstable ice block prior to its collapse is calculated and compared to the acceleration function obtained from observations. A good agreement between the two acceleration functions was found.

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50

Nguyen Thi Hong, Van. "Damage compensation due to violating others’ honor, dignity, prestige by Vietnamese civil law." Dong Thap University Journal of Science 9, no. 4 (August 15, 2020): 96–102. http://dx.doi.org/10.52714/dthu.9.4.2020.809.

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