Compensation For Moral Damages Research Articles

Civil Liability for the Airlines regarding Flight Delay or Cancellation

Warsaw1929 Convention and 1955 Hague Protocol made transport operators responsible regarding flight delays or cancellation. Responsibility of cargo airlines towards passengers and goods senders is contractual and based on the assumed fault. In the event of the presence of action triple terms (violation through flight delay or cancelation) and the existence of loss and causation relationship between the loss and the action, cargo air lines are required to compensate for damage to the passengers and goods senders, unless they prove that they themselves or their agents have taken all necessary measures to avoid the damage or the adoption of such measures has not been possible (Force Majeure) or prove that the loss has been the fault of the individuals themselves .Material damage and lack of benefits in obtainable profits have the capability of being compensated. But most courts of the member states of the Warsaw Convention oppose judgment for compensation for moral damages with the purpose of the Convention. However, some of them consider moral damage eligible through developing the meaning of lesion corporelle (Bodily injury) or through resorting to the place of the court. The maximum of compensation payable to passengers is 250 Francs and in terms of carrying personal registered items and is limited to a sum of 250Francs per Kgs. Including any condition regarding provision of decreasing the responsibility of flight airlines is void but the revoke is not transportation contract, however, it is right to have an agreement to intensify their responsibility, regardless of the fact that the Convention itself also considers some factors enhancing the responsibility of

SOCIAL AND ECONOMIC METHODOLOGY FOR ASSESSMENT OF COMPENSATION FOR MORAL DAMAGE TO VICTIMS OF CRIME IN RUSSIA: PROBLEM STATEMENT

summary. The article is devoted to problems of the assessment of compensation for moral damage to victims of crime, calculated using socio-economic indices and depending on the social danger level of the moral damage. Attention is focussed on the degree of physical and moral suffering connected with individual peculiarities of the harmed person, and the introduction of differentiated rates of compensation for moral damage to the injured party, depending on the offence committed by the guilty person and the harmful consequences, is offered. Keywords: moral damage; injured persons; compensation; suffering; danger level. Compensation for moral damage to an injured person in Russia must be efficient and be performed preventive and compensatory function, taking into consideration all social consequences of the offence. This is because the suffering of an injured person may be associated for them with additional social ills connected with medical treatment, loss of their job, and/or permanent disablement. In addition, the compensation awarded for moral damage must be realistic as regards the amount of its payment on the part of the guilty person. More than that, the amount of compensation must have a legislatively limited threshold and differentiate between the way harm was caused (crime, administrative offence, civil tort, labour offence) to the injured party and its consequences. That’s why in setting a legislatively limiting threshold of amount of compensation of moral damage regard is to be had to way of causing of harm to injured person differentiated by social danger level and character of occurring consequences as well as adverse effect on injured person.We thus propose to set differentiated amounts of compensation for moral damage to injured parties depending on the offence committed by the guilty person and the resulting harmful consequences. To do this, it is necessary to supplement the Civil Code of the Russian Federation (CCRF), submitting substantial corrections to provisions of the corresponding articles, namely:

Compensation for Moral Damages in Investor-State Arbitration Disputes

This article examines the issue of monetary compensation awarded by arbitral tribunals for moral damages suffered by foreign investors in the context of investor–state arbitration. It examines the nature and the function of moral damages in international investment law as well as several controversial issues, including the proper form of reparation to remediate moral damages suffered by a state, whether proof of malicious intent is a necessary condition for a tribunal to award compensation and whether compensation should be limited to cases involving “egregious” or grave treaty violations. The article argues that particularly condemnable governmental actions toward foreign investors will have a bearing on the actual quantification of the amount of compensation to be awarded for moral damages. The goal is not only to remediate the actual damage suffered but also to send a “clear message” to the host state. “La réparation morale contient un élément de châtiment” Hersch Lauterpacht

Direito da personalidade e dano moral nas relações familiares

The objective of this work was to deal with personality rights and moral damage in family relationships, taking as a starting point the fact that personality is closely related to the person, since it expresses the generic aptitude to acquire rights and contract obligations. After that, we move on to the discussion about personality rights and the treatment given to by the new Civil Law. Finally, aiming at the application of personality rights in family relationships, an analy concerning the compensation for moral damages is carried out, after all family Law is filled with concepts and pre-concepts established by affection links, which are difficult to be worked under an economic focus.

The proposed Swedish systems of free legal assistance and of compensation to victims of crime.

A project for a new system of free legal aid is considered in Sweden, and a bill was presented to the Riksdag in January 1972. Under the auspices of regional public authorities legal assistance will under the new scheme be provided by public law firms or lawyers in private practice. The costs involved will be wholly or partly financed out of public funds. Only persons with an annual income less than 12000 U.S. dollars will be beneficáries of the system and have in principle themselves to make a contribution to the costs, in relation to income and economic status. The system will in principle be applicable in all legal matters whether or not the case is brought before a court, a tribunal or an administrative authority, but professional business activities are excluded from the scope of the system, and legal aid may be denied where the applicant's claim is manifestly ill-founded. Since July 1971 a new system for compensation for personal injury to victims of crime is in force in Sweden. In principle, compensation will be paid only where the circumstances are socially and economically particularly distressing, and there is no guarantee, that full and adequate compensation will be paid. Only claims exceeding 60 U.S. dollars will be considered and amounts exceeding 10000 U.S. dollars will normally not be paid. Compensation for moral damage will be paid only in exceptional cases. The system is administered by the Ministry of Justice, and the total amount available during the first fiscal year is 200000 U.S. dollars.