Добірка наукової літератури з теми "Third party’s civil liability"

The article reveals the role and issues of civil liability for breach of contract. It is determined that without the possibility of bringing the violator to justice, the performance of a civil obligation itself loses the quality of obligation and gives the debtor contempt for performance. Responsibility can take many forms. The most important of these are damages and damages by the debtor to the creditor. The main and universal form of liability is compensation for damages caused by breach of obligation. Conditions different from those provided for in the Civil Code may be established by law or contract for the implementation of a specific form of liability. The essence of liability for breach is that it, first, reimburses the creditor for property losses caused by breach of obligation by the debtor; secondly, encourages the debtor to properly fulfill the obligation; third, punishes the debtor for non-performance or improper performance; fourth, to some extent, it encourages the creditor to enter into an obligation, as it provides compensation for possible losses caused by the failure of the counterparty; fifth, it confirms in the eyes of others the facts of the debtor's indiscipline. It is important in determining the civil liability for breach of contract to comply with the principles of good faith and reasonableness of the parties to civil relations, which should be applied in assessing the actions of the debtor. Prosecution is the implementation of the sanction of the legal norm established in the case of a civil violation. That is, the liability to which a violator of a civil obligation can be held is one of the most important institutions of civil law. The issue of civil liability for breach of contract is a very important element of protection of the human right to civil protection.

The adoption of two international treaties by International Civil Aviation Organization (ICAO) Member States in the first quarter of 2009 on the subject of liability for third-party damage caused by aircraft certainly filled a visible gap in the legislative structure pertaining to liability in air law. However, it remains to be seen whether these instruments will come into effect, given the numerous issues that were brought to bear by key stakeholders and interested parties, both before and during the diplomatic conference which resulted in the treaties. Academic and professional views from the members of the legal profession highlighted several perceived inadequacies and inequities of the treaties. The views expressed by certain States and regional blocks highlighted the redundancy of the instruments in the face of regional and national legislation that cover liability for third-party damage caused by aircraft. This article discusses in depth the features of the two treaties and analyses the issues that have been raised by interested parties.

Third parties in the formation of the Deed of Sale and Purchase Agreement (APPJB) Land have rights to the object regulated in the PPJB even though they are not involved in its formation as long as they have legal ties to the object being agreed upon. So that when a material loss occurs to a third party originating from the issuance of the PPJB, does the notary have the responsibility to compensate for the loss or vice versa. This type of legal research is a type of normative legal research. The results of this study indicate that legal remedies that can be taken by a third party if the deed of binding sale and purchase agreement issued by a notary causes harm to him is to send a subpoena, carry out an unlawful act lawsuit, report an alleged criminal act and make a complaint to the Regional Supervisory Council. The form of liability that can be borne by a Notary for the issuance of the Deed of Sale and Purchase Binding Agreement which is detrimental to third parties is civil liability by compensating for losses suffered by third parties in accordance with the provisions of Article 1365 of the Civil Code (KUHPerd) and criminal liability, namely serving a criminal sentence in accordance with the criminal provisions in Article 263 paragraph (1) and (2) or 264 or 266 of the Indonesian Criminal Code (KUHP) and ethically responsible according to Article 85 by receiving administrative sanctions.

The article is devoted to a comprehensive analysis of the content of civil liability of civil servants, which is regulated by the rules of the current legislation of Ukraine on labor. The article focuses on the theoretical problems of determining the constituent elements that make up the content of such responsibility, and attempts to express these constituent elements of the content of liability in the form of a coherent system.
 Therefore, in view of all the above, we conclude that the peculiarities of the content of the civil liability of civil servants are expressed in the specifics of the legal status of such subjects of labor law, as well as in the peculiarities of the labor relations that arise between the civil servant and his employer. The peculiarities of the content of full or limited liability of a civil servant are disclosed in the specifics of the compensation of the damage caused by the employee, which depends directly on the subject to whom such damage was caused, namely: a) liability for damage caused to third parties; b) liability for damage caused to the state (employees guilty of damage to a state-owned enterprise, institution, organization of damage, bear financial responsibility: only in the presence of direct actual harm; regardless of bringing the employee to other types of legal liability for the same illegal acts that were damage to the state; to the extent that must be limited to a certain part of the civil servant's salary, but not more than his average monthly salary, except in cases provided for by law).