Basis Of Liability Research Articles

Characteristics of Juvenile Sex Offenders in Poland

According to statistical data in Poland, sexual acts of minors account for about 3% of all criminal acts committed by minors and nearly 20% of all acts from the catalogue of crimes against sexual freedom and morality. The main objective of the study was to attempt to develop and present characteristics of minors who commit rape with particular cruelty. Taking into account the way the perpetrators act, the motivational background, and the circumstances of the crime. In particular, attention was paid to specific individual and family characteristics. Because it is not clear whether juvenile sex offenders are different from non-sex offenders. The aim of this article is an attempt to capture individual, family, and environmental differences. The study was also intended to provide information about who the victims are. The study was conducted on the basis of empirical material from court cases in which the basis of liability was Article 197§4 of the Penal Code, and the perpetrators or accomplices of the acts were minors who at the time of the act were over 15 years of age but under 17 years of age. The research material consisted of court case files that had been finally completed, including forensic psychological opinions prepared by court experts. Cases from 2015-2020 were analysed. The obtained results allowed us to capture some specific features of families in which minors were brought up and the characteristics of juvenile sex offenders themselves. This article raises the difficult issue of juvenile responsibility for sexual crimes and indicates areas in which it is necessary to regulate interactions and areas of possible preventive impacts.

Abuse of Procedural Rights as a Basis for Liability in Civil Proceedings

The article discusses the concept of "abuse of procedural law", as well as the issues of applying liability measures for unfair behavior. The need that has arisen in practice to prevent abuses on the part of participants in civil proceedings in the exercise of their procedural rights and obligations, due to the necessity to ensure proper implementation of norms of procedural legislation justice in civil cases by courts of general jurisdiction, determines the relevance of this research. It is aimed at drawing conclusions to improve the measures of responsibility for abuse of procedural rights in the framework of the right to judicial protection. In order to achieve this goal, an analysis of the civil procedural legislation of the Russian Federation was carried out, as well as the foreign experience of a number of countries on the application of liability measures for abuse of procedural rights by participants in the judicial process was considered.

ADMINISTRATIVE AND LEGAL CLASSIFICATION OF INSULTING

This article discusses the offense of defamation, its composition and the basis of liability. In this article, it is noted the types of administrative offense, the offense of insult, types of offense of insult today, the composition and the basis of responsibility, and the suggestions for the prevention of these offenses. KEY WORDS: Administrative offense, signs, insult, behavior, composition of the offense.

THE PARIS AGREEMENT'S APPROACH TOWARD CLIMATE CHANGE LOSS AND DAMAGE

Article 8 of the Paris Agreement introduces obligations upon the Parties to the Agreement “with respect to Loss and Damage associated with adverse impacts of climate change.” According to Paragraph 52 of the Conference of the Parties’ Decision, Article 8 is not a basis for liability or compensation. Therefore, the problem is whether violation of obligations leads to a state responsibility. Using a dogmatic method, this research contends that “recognizing the significance of averting, minimizing, and addressing Loss and Damage” means acceptance of responsibility for a breach of obligations. Although the means of seeking reparation would not be compensation, States are obliged to eliminate sources of damage and take precautionary measures to address loss and damage. Notwithstanding this, placing the issue of loss and damage under the Agreement into a separate article can reflect to a great extent the significance of the matter.

LIABILITY FOR PREPARATION TO COMMIT A CRIME IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES (COMPARATIVE LEGAL ANALYSIS)

The article highlights the issues related to inchoate crimes, preparing for a crime, the basis of liability and punishment for it on the example of foreign countries and national legislation. The author analyzed the issue of liability for preparation of a crime from a comparative legal point of view based on the criminal law of France, the Netherlands, the FRG, Great Britain, and the USA. Based on the study of the criminal legislation of these countries, the author draws a conclusion that in terms of liability for inchoate crimes, there is no criminal liability for preparation for a crime and certain forms of preparation for a crime are considered attempts to commit a crime.

Telemedicine in Otorhinolaryngology and Head and Neck Surgery - An universal remedy?

Digitalization in healthcare has gained considerable importance in recent years and especially during the Covid19 pandemic. The pandemic has undeniably severely limited human interactions. In light of the risk of infection, and also in light of the decreasing number of physician consultations by patients due to fear of infection, the medical community has had to seek new platforms for physician-patient interaction and -communication and achieved these goals predominantly by accelerating the development of digitization processes and telemedicine. In otolaryngology, the term telemedicine usually refers to video consultation (VS) or teleconsultations. In principle, ENT physicians belong to the group of specialists who are allowed to perform and invoice video consultations. Data protection and legal aspects pose challenges with regard to offering telemedical services. From an ethical point of view, any telemedical consultation would also have to be preceded by a mandatory explanation of the risks and disadvantages of using these procedures, and the basis for liability would also have to be clarified here in principle. Telemedicine will also have to assert itself in view of the evidence. Thus, at least from the medical university side, accompanying studies should be initiated when new telemedical procedures are offered, in order to evaluate the corresponding advantages and disadvantages on the basis of evidence. In terms of professional policy, care should always be taken to ensure that telemedicine is only offered by players in the healthcare sector who can also guarantee personal treatment of the patient assessed by telemedicine.

Dubious Allocation of Liability in the ICC Model Joint Venture Contract

Construction joint ventures are amongst the most common instances of open joint ventures. In 2018, the International Chamber of Commerce (ICC) published a model open joint ventures contract for construction projects to provide businesses with a balanced form of the agreement, enabling them to work together as joint operators. While the model contract provides a well-structured framework to regulate the relationship between the parties, the authors of this article are of the opinion that the basis for liability among joint venture members in the ICC Model Contract is dubious, if not wholly fallacious. Although much of what we say on the issue of liability of joint venture members in this article can equally be applied to all types of open joint venture agreements, or even close joint venture contracts, our main focus in this article is to scrutinize and criticize the proposed liability clause in the ICC Model Contract.

Committing a Crime while Intoxicated: The Basis of Liability and Legal Regulation

Alcohol and drugs have been known for a long time, and their purpose has changed in the course of history. Being part of the global culture, they have come down to us. With the development of mankind, drugs were limited. This article attempts to analyzes the concept and types of intoxication. The authors also take into consideration the basis of criminal liability for committing a crime while intoxicated, as well as the role of intoxication in criminal law. This research was based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, analysis and synthesis) and specific scientific methods. In the end, It can be concluded that the state of intoxication can be included in the main corpus delict, used as a qualifying attribute, as well as circumstances aggravating liability. It is indicated that considering intoxication as an aggravating circumstance requires a connection between crime and intoxication.

Compensation for Damages Caused by Death, Personal Injury or Health Impairment of Seamen in Croatian Law

The paper deals with the Croatian legal framework regulating civil liability for damages caused by personal injury, health impairment and loss of life of seafarers. Although the basic rules concerning the basis of liability, circle of liable persons and applicable law are provided by the Maritime Code of the Republic of Croatia, when it comes to regulations on various types and amount of compensation for damages suffered by crew members, the relevant provisions are contained in the Civil Obligations Act. The first part commences with the overview of the types of compensation, which are natural restitution, monetary compensation and satisfaction, it continues with analysis of legal solutions for cases of compensation for property damages caused by death, personal injury or health impairment of crew members, as well as rules relevant for compensation for non-property damages, which are manifested as physical pain, mental anguish or suffered fear. In the final part, paper focuses on the issues on amount of compensation and its limitations, elaborating concepts of contributory liability, deductions of advance payments and insurance indemnity, payment of interest and statute of limitations.

Administrative Liability for Violating the Rules of Stopping, Parking, Vehicle Parking

The authors of the article have defined the essence, grounds and procedure for implementing administrative liability for violating the rules of stopping, parking, vehicle parking, in particular they characterize the content of the rules of stopping, parking, vehicle parking, violation of which is the legal basis of liability, i.e. the objective aspect of the subject liable for these violations, the administrative penalties that may be imposed for their commission, the types of entities authorized to consider cases of these violations, as well as the specifics of proceedings in such cases.
 It has been emphasized that driving cars and other vehicles is becoming more intense every year, which is primarily evidence of the success of technical progress. At the same time, the increase in the number of these funds creates a lot of problems for the organization and safety of road trafficking, as well as for the livelihoods of settlements. It is especially true in large cities, where traffic jams often paralyze the entire traffic. In addition, all of these facilities require storage and parking spaces, which are also chronically lacking.
 It has been concluded that administrative liability for violating the rules of stopping, parking, vehicle parking has many features that are applied to all its components – the grounds for which are violations of specific rules defined by many regulations, and the subject can be recognized not only the person who directly committed these violations, but also other persons who are named responsible by law; content, i.e. administrative penalties that can be applied without taking into account the general rules of their imposition; procedure for implementation, especially in cases of violating the rules of stopping, parking, vehicle parking recorded in the mode of photography (video). The analysis of these features shows that the legal regulation and practice of administrative penalties for violations of the rules of stopping, parking, vehicle parking need further improvement, primarily in terms of ensuring the rights of those prosecuted.

Demonstrating the Value of Systems Engineering as the Professional Standard of Care

AbstractOne of the most difficult challenges systems engineers face when attempting to introduce or expand the application of systems engineering (SE) is the demonstration of the systems engineering value. As SE is an upfront investment that may not pay dividends before sometime in the possibly distant future, business leaders unfamiliar with the process can be skeptical about the value of SE, especially in industries where SE is still an emerging discipline without a proven track record.Sometimes, however, the value of systems engineering can be demonstrated by the increased risk of NOT applying systems engineering, for example the Central Artery/Tunnel Project (CA/T), commonly known as the Big‐Dig. Designed and built between 1982 and 2007, it was the most expensive highway project in the US at the time (approx. $21 billion in 2020 dollars), and was plagued by thousands of water leaks, design flaws, charges of poor execution, use of substandard materials and other issues, which eventually led to the death of a motorist and criminal arrests (Wiki, 2020, NTSB, 2006). The project managing consortium agreed to pay $407 million in restitution and several smaller companies agreed to pay a combined sum of approximately $51 million (AP, 2008). The settlement agreement included a statement of facts as the basis for liability, specifically addressing several areas of construction management oversight failures, including the use of non‐specified material, the use of substandard materials, as well as ignored observations of failing epoxy bolt load tests (AP, 2008). The consortium was paid more than $2 billion in fees (AP, 2008) that would have resulted in approximately $160M in profit (applying an 8% profit target). Looking at this project purely from an ROI perspective, however, the consortium not only lost all profit, but faced an additional $247M ($407M ‐ $160M) in losses.The issues identified above are typically addressed in construction specifications describing in detail the scope of work, materials, installation, and quality of workmanship. The Big Dig example should provide a cautionary tale of the risks associated with managing and overseeing construction projects, such as infrastructure, transportation, water, energy, or other projects.This paper describes the application of systems engineering principles to construction specifications in a large infrastructure project using a case study approach. The paper demonstrates the systematic exercise of a reasonable level of care, diligence, and skill, commonly described as the professional standard of care, thereby demonstrating the value of systems engineering as a successful liability protection and risk mitigation strategy.

The Effectiveness of The Road Traffic Liability System in China? A Law and Economics Perspective

This article analyses the effectiveness of the Chinese road traffic liability system in terms of both deterrence and compensation. We utilize the neo-classical economic model of accidents to assess the key features of the system, such as the basis of liability, the level of the benefits, the impacts of liability insurance and regulation, as well as the capacity of risk-spreading. The analysis shows that the road traffic liability system in China can only achieve partial deterrence. Under-compensation and insufficient risk-spreading seem to be serious problems, at least in the economically underdeveloped regions. Therefore, we propose several legislative changes that the policymaker could implement to improve the system.

Social danger, culpability and punishability as indicia of oath-breaking

The institution of oath is studied, the indicia of oath-breaking are characterized. It is emphasized that a violation of the law (anoffense) is not only a subjective guilty behavior, but also an internal psychological attitude, namely the offender’s negative attitudetowards legal requirements and protected interests. Guilt stipulates for the subject’s awareness of the meaning of his actions and theirconsequences, not only as factual circumstances, but also in the sense of their socially dangerous illegal nature. If there is no guilt, theremay not be any legal liability, and in this case, it may be a casus. It is noted that it is extremely difficult to determine the guilt in theoffense of oath-breaking, and in some cases, it is even impossible, because it is often a subjective assessment. This is also due to thenature of the work performed by civil servants. It is emphasized that the indicium of punishability allows making a clear distinctionbetween different types of offenses, as each of them entails responsibility of a different degree in case of its commission. Since the institutionof oath is within the scope of those social relations that are fundamental in the civil service, given the content of the oath, it isobvious that the social danger of oath-breaking is quite significant and harmful to the state and to people. As can be seen, this actinfringes on the foundations and organization of public power, civil service, human and civil rights and freedoms, and can lead to seriousviolations of certain aspects of functioning of the state, society, and any person. It is concluded that there are the characteristics ofdisciplinary case in oath-breaking, namely public harm, which harms the object of the oath. However, it is not possible to state unequi -vocally what degree of gravity or harmfulness is inherent in this case, as there is no division of disciplinary cases in the legislationaccording to the degree of social danger. Although this division can be made on the basis of liability (gravity of punishment) for a particulardisciplinary offense (for example, for some offenses the employee may get an admonition, and for others, he may receive a reprimand,and in case of re-offending he may be dismissed, although there are those offences the commitment of which immediately providesan opportunity to dismiss the offender from office and government agency).

Social Danger, Culpability and Punishability as Signs of Oath Violation

The institution of oath is studied, the signs of oath-breaking are characterized. It is emphasized that a violation of the law (an offense) is not only a subjective guilty behavior, but also an internal psychological attitude, namely the offender’s negative attitude towards legal requirements and protected interests. Guilt stipulates for the subject’s awareness of the meaning of his actions and their consequences, not only as factual circumstances, but also in the sense of their socially dangerous illegal nature. If there is no guilt, there may not be any legal liability, and in this case, it may be a casus. It is noted that it is extremely difficult to determine the guilt in the offense of oath-breaking, and in some cases, it is even impossible, because it is often a subjective assessment. This is also due to the nature of the work performed by civil servants. It is emphasized that the criteria of punishability allows to make a clear distinction between different types of offenses, as each of them has the different degree of responsibility as consequence. Since the institution of oath is within the scope of those social relations that are fundamental in the civil service, given the content of the oath, it is obvious that the social danger of oath-breaking is quite significant and harmful to the state and to people. As can be seen, this act infringes on the foundations and organization of public power, civil service, human and civil rights and freedoms, and can lead to serious violations of certain aspects of functioning of the state, society, and any person. It is concluded that there are some characteristics of disciplinary case in oath-breaking case, namely public harm, which harms the object of the oath. However, it is not possible to state to determine what degree of gravity or harmfulness is inherent in this case, as there is no division of disciplinary cases in the legislation according to the degree of social danger. Although this division can be made on the basis of liability (gravity of punishment) for a particular disciplinary offense (for example, for some offenses the employee may get an admonition, and for others, he may receive a reprimand, and in case of re-offending he may be dismissed, although there are some offences the commitment of which immediately provides an opportunity to dismiss the offender from office and government agency). Keywords: oath, civil service, civil servant, oath-breaking, social danger, culpability, punishability, legal responsibility.

How the Trump Administration’s Plan to Limit Disparate Impact Liability Would Undermine the Fair Housing Act’s Goal of Promoting Residential Integration

The federal Fair Housing Act (FHA) has two principal goals. One express goal is to prevent housing discrimination against groups or persons due to their race, color, religion, sex, familial status, national origin or handicap. The second implicit goal is to promote the residential integration of the races in the United States. The implicit goal of the FHA to promote residential integration has been recognized by both the United States Supreme Court and by the Department of Housing and Urban Development (HUD), the federal agency that administers and enforces the FHA. In 2013, HUD issued a rule and regulation that established that a housing practice that perpetuates segregation is a discriminating effect that might constitute a violation of the FHA. In 2019, HUD proposed an amended rule and regulation that would delete perpetuation of segregation as a discriminatory effect that could be a basis for liability under the FHA. This article explores how the implied goal of the FHA to promote residential integration has been established in law. It identifies how HUD is now seeking to rely on the Supreme Court’s 2015 decision in Texas Department of Housing and Community Affairs v. The Inclusion Communities Project to undermine the goal of residential integration even though the Supreme Court decision strongly supports this goal. Finally, the article explains how HUD’s current effort to eliminate the perpetuation of segregation as a basis for FHA liability would weaken the FHA and would reverse the federal government’s longstanding commitment to promoting residential integration in the United States.

Constructive Trusts up to Lord Eldon - A Consent Issue

This paper looks at the development of constructive trust liability up to the retirement of Lord Eldon in 1827. It suggests liability over this period was imposed to enforce performance of expectations in a way not possible under an executed model of contractual liability. With advent of the Industrial Revolution such grounds became difficulty to justify. Performance of promises became enforceable under an executory contract model of liability, causing us to think the grounds for imposition of liability over this earlier time lack a coherent framework. This approach invites us to reconsider the basis for liability being imposed in Keech v Sandford and the bribes cases. Also whether remedial constructive trusts are indeed “unprincipled, incoherent and impractical,” as recently suggested by Lord Neuberger. In terms of the presented argument, constructive trust liability up to the tenure of Lord Eldon was imposed on remedial grounds.

אבני נגף בדין התאגידי: אחריות נושאי משרה - בין חוק החברות לחוק חדלות פירעון Hurdles in Corporate Law: Directors Duties - Between Israel's Corporations Act and Insolvency Act

תקציר בעברית: חוק חדלות פירעון שנחקק זה לא מכבר קובע סעיף אחריות למנכל ולדירקטורים של חברה שנמצאת בחדלות פירעון. החוק מטיל עליהם אחריות אישית לנזקים שייגרמו לנושים אם לא פעלו לצמצום היקף חדלות הפירעון של החברה. אחריות חדשה זו מתווספת לחובות נושאי המשרה מכוח חוק החברות. מציעיי החוק קיוו כי אחריות זו תרתיע את נושאי המשרה ממלדחות דחיית יתר את הטיפול בזכויות הקולקטיביות של הנושים בעת חדלות פירעון של החברה. בעת חקיקת חוק חדלות פירעון נטען כי האחריות החדשה היא לא יותר מאשר קונקרטיזציה של חובת הזהירות המוכרת בדיני החברות. רשימה זו מתעמתת עם טענה זו ומראה כי החובה לצמצם את היקף חדלות הפירעון היא חובה עצמאית ונבדלת מחובת הזהירות שבחוק החברות. הרשימה מבהירה כי התכליות השונות שבחוק החברות ובחוק חדלות פירעון והנמענים השונים של החובות מבססים עילות אחריות שונות. העילות השונות יוצרות לנושאי המשרה סביבת קבלת החלטות מורכבת ולא אחידה. דבר זה מאיים על קבלת ההחלטות העניינית של נושאי המשרה ועלול להובילם לקבלת החלטות מתגוננת יתר על המידה. נושאי המשרה צפויים להסתמך על ההגנות שקובע הסעיף החדש מפני אחריותם האישית, ובראשן ההגנה השמורה להחלטה לפתוח בהליך רשמי של חדלות פירעון לחברה. החשש הוא כי דירקטוריונים רבים ייטו יתר על המידה ומוקדם מן הנדרש אל עבר אפשרות זו, במקום לשקול החלטות ענייניות משיאות ערך לחברה. רשימה זו קוראת לביטול האחריות החדשה שבחוק חדלות פרעון וממליצה לדבוק בבחינת תפקודם של נושאי המשרה לפי אמות המידה המוכרות של חוק החברות - חובת הזהירות וחובת האמונים. לצד זאת, הרשימה ממליצה לעודד נושאי משרה להתמודדות קולקטיבית עם קשיים כספיים של חברה באמצעות התמריץ של הותרת נושאי המשרה בתפקידיהם גם לאחר שהחברה נכנסה להליך רשמי של הבראה בבית המשפט. English Abstract: The newly enacted Insolvency Act, 2 introduced in Israel a new personal liability of CEOs and directors of an insolvent corporation - the liability for damages to the creditors due to the CEO and directors' failure to mitigate the scope of the corporation's insolvency. Its proponents hope that this duty will encourage directors to address the rights of creditors of an insolvent corporation early rather than delaying tackling the problem. During the hearings in the legislature it was argued that this provision is nothing but a specific expression of the directors' duty of care under the general corporate law and thus it does not alter Israel's corporate governance rules. This article suggests otherwise. It shows that the duty to mitigate insolvency and the duty of care are two different duties - carrying different codes, different rationales and different beneficiaries. The co-existence of the corporate duty of care and the new duty to mitigate the scope of insolvency create a confusing and incoherent environment for the corporate decision-makers. I argue that the new duty under the Insolvency Act is expected to deter the directors of financially distressed corporations from deciding meritoriously in manners that maximise the corporations' value. Rather, the new duty will overly encourage directors to bolt for the safe harbour it provides, that protects them if they file for the corporation's insolvency proceedings. The new provision will likely drive too many corporations too early into formal insolvency proceedings. Given the disadvantages of the new insolvency law duty I call for its abolishment and recommend to exclusively review the behaviour of directors of financially distressed corporations under the corporate law duties - the duty of care and the duty of loyalty. To combat the legislature's concern of tardy filings for insolvency proceedings I call to enact a more friendly Debtor-in-Possesion insolvency regime in lieu of the appointment of a trustee. This carrot is preferable over the stick of imposing a new basis of liability on the directors' shoulders.

التعویض عن الأضرار الناتجة عن الاخطاء المرفقیة والشخصیة فی النظام الإداری بالمملکة العربیة السعودیة

الملخص: إن للخطأ بمفهومه العام ضوابط ومعايير يمکن تحريرها بدقة للحکم بوجود ما يوجب المسؤولية بحيث تترتب على تلک المسؤولية آثار محددة. وأن مسؤولية الإدارة کما تقوم على أساس الخطأ فهي تقوم أيضا على أساس المخاطر، وأن يمنح التعويض على أساس الخطأ ويتقيد بما قرره المشرع، سواء بشروط المسؤولية على أساس المخاطر أو بنطاق التعويض أو بمن يتحمل العبء النهائي للتعويض. و فيما يتعلق بالمسئولية الإدارية ، فأن الأساس والمهم هو وجود خطأ حتى يمکن قيام المسئولية عليها وجبر ما ترتب على ذلک من ضرر . إن التعويض عن الضرر يختلف باختلاف نوع الضرر ، فالتعويض عن الأضرار المالية ليس فيه صعوبة لأنه مقدر بمقدار الضرر ، ولکن الأمر في مجال التعريض عن الأضرار الجسمية لأن التقدير يقوم فيه على اعتبارات فقهية وتشريعية 0 وقد توصلت إلى النتائج التالية : جاء حديث الرسول صلى الله عليه وسلم لا ضرر ولا ضرار لمعالجة فکرة الثأر والانتقام التي کانت سائدة في الشرائع القديمة ، وأن فرض عقوبة على من تسبب بالضرر باسم المجتمع ناتج عن أسباب عدة ، فالعقوبة کان لها واقعها وأثرها في ذلک الوقت أکثر من أن يحکم بتعويض مادي. تقوم المسؤولية المدينة على تحقق رکن الضرر ، وما الخطأ إلا إسناد المسؤولية للإدارة أو الشخص المتسبب للخطأ. إن نظرية تحمل التبعة في القوانين والأنظمة الوضعية تنتهي إلى أن کل من يستخدم أشخاصا لأجل تنفيذ التزاماته التي أخذها على عاتقه لصالح الآخرين، يکون مسؤولا عن أفعال هؤلاء الأشخاص، إذا ما أخلوا بتنفيذ تلک الالتزامات، إذ الغرم بالغنم. وأن هذا المنطق هو الذي جعل أغلب القانونيين يؤسسون مسؤولية المتبوع عن أعمال تابعه على نظرية تحمل التبعة. کلمات مفتاحية: التعويض - الأضرار - الاخطاء المرفقية والشخصية - النظام الإداري- المملکة العربية السعودية . Abstract: Its general sense, the error has controls and criteria that can be carefully edited to judge the existence of the liability, so that that responsibility has specific effects. And that the responsibility of the administration as well as the basis of error is also based on risk, that compensation be awarded on the basis of error and that it complies with the decision of the legislator, whether on the basis of liability on the basis of risk or scope of compensation or who bears the ultimate burden of compensation. With regard to administrative responsibility, the basis and the important is the existence of an error so that it can be liable and redress the consequent damage. Compensation for damage varies according to the type of damage. Compensation for financial damages is not difficult because it is estimated to be in the amount of damage, but it is in the area of ​​physical because the assessment is based on jurisprudential and legislative considerations. It has reached the following conclusions: The Prophet (peace and blessings of Allaah be upon him) said: There is no and no harm to deal with the idea of ​​revenge and revenge that prevailed in the old laws, and that imposing punishment on those who caused damage in the name of society is the result of many reasons. To be awarded a financial compensation. The responsibility of the debtor to achieve the right of damage, and it is wrong to assign responsibility to the administration or the person causing the error. The theory of liability in applicable laws and regulations ends with the fact that anyone who uses people to carry out his or her obligations on behalf of others is responsible for the actions of such persons, if they fail to carry out these obligations, because they are flogged with sheep. And it is this logic that has made most jurists base the responsibility of those who follow his work on a theory of liability. Keywords: Compensation - Damage - Attachment and personal errors - Administrative system - Saudi Arabia.

Strafbar passivitet – ansvarsgrundlag og den alternative handling

English title: Criminal passivity: Basis for liability and alternative actions.Criminal passivity is characterized by punishment not for something one did, but for omitting a certain act. This means that one has to be concerned with both the criteria for liability by omission and with the alternative actions one should have taken to avoid punishment. The article focuses on the specific problems that present themselves when dealing with criminal passivity under Danish law including questions concerning legal bases and the consequences thereof. When examining criminal passivity, it is important to distinguish between crimes of omission within and outside the scope of complicity, and between different types of criminal offences. The most relevant area of criminal passivity in case law concerns passive complicity. A new case from the Danish Supreme Court has set out some general criteria for liability in this area. In regards to crimes against children, case law shows that there is an obligation for parents to protect children and that demands regarding alternative actions are strict. Outside the scope of complicity there are cases of criminal omission regarding possession of narcotics and firearms.

The Legal Nature of the Duty of Care and Skill

Section 77(2)(b) of the Companies Act 71 of 2008 (“the Act”) provides that a director of a company may be held liable based on the common law principles relating to delict for any losses or damages which the company suffer due to a breach of the duty of care in skill in terms of s76(3)(c), losses due to a breach of a provision of the Act not mentioned in section 77 and losses due to the contravention of any provisions of the memorandum of incorporation (“MoI”) of the company. This article poses the question whether the legislature was correct in formulating the legal nature of the duty of care and skill as well as the liability of directors for losses flowing forth from any breach of the company’s MoI as delictual. The article will attempt to show that basis for liability is not necessarily delictual in nature but it could be argued that the basis could also be contractual.