Compensation For Damage Research Articles

Ascertainment of the Place of Torts in the Fraud During Insurance Contracting on the Party of the Insureds—Take the Property Damage Compensation of an Insurance Company and an Engineering Company for Example

Ascertainment of the Place of Torts in the Fraud During Insurance Contracting on the Party of the Insureds—Take the Property Damage Compensation of an Insurance Company and an Engineering Company for Example

Faster‑than‑Nyquist Mode Division Multiplexing Passive Optical Network Based on Joint Damage Compensation Method

Faster‑than‑Nyquist Mode Division Multiplexing Passive Optical Network Based on Joint Damage Compensation Method

Complementary Adaptive Incremental Nonlinear Control for Quadrotors With Payload and Blade Damage Compensation

Complementary Adaptive Incremental Nonlinear Control for Quadrotors With Payload and Blade Damage Compensation

SOCIO-ECONOMIC NATURE AND THEORETICAL FOUNDATIONS OF COMPULSORY INSURANCE

Currently, it should be considered as a system of economic relations related to the provision of mandatory insurance guarantees and measures against various crises, which involves the formation of insurance funds at the expense of insurance premiums of legal and natural persons and their subsequent use in compensation for damages caused by the occurrence of insurance events

Vestibular deficit and hearing loss as a consequence of head trauma incurred as the result of puck injury in case of 17-year-old professional hockey player

The authors present the case of a 17-year-old ice hockey player who sustained a head injury with a fracture of the right temporal bone during training. The consequences of the injury included severe peripheral vertigo with nystagmus, vegetative symptoms and hearing loss. The dizziness disappeared on the 4th day after the injury, but the hearing loss turned out to be permanent. The patient returned to daily training sessions 5 weeks after the injury. What is noteworthy in this case is the exceptionally quick compensation of the labyrinthine damage, which, in the authors’ opinion, was not only due to the player’s young age, but also to his strong motivation to return to the ice rink.

추완청구권과 민법 개정

This paper dealt with the issue how we should incorporate the Right to Cure, a remedial relief for the obligee in the case of an non-conforming (defective) performance, into the Korean Civil Code. The contents of this paper could be summarised as follows. First of all, as the Right to Cure is an instrument that could enforce 'pacta sunt servanda', a key principle in contract law, while striking a balance between an obligor's interests and an obligee's interests, its codification is necessary. This is especially clear after a comparative study: Gem血1y and Japan codified the Right to Cure in the amendments of their Civil Codes; international model laws (CISG, PICC, PECL, DEFR), too, have codified the Right to Cure. Secondly, the Right to Cure should be included in the General Provisions of the Law of Obligations since it is applicable to all types of contracts specified in the Particular Provisions of the Law of Obligations and since the Right to Cure is a typical and general remedy for a breach of contract. However, in doing so, 'disproportionality' ought to be stipulated as a cause for limiting a Right to Cure, there should be a short limitation period, and it must be clear that the obligor bears the cost of Cure. Thirdly, there is a need to specifically codify the Right to Cure into clauses related to
 Warranty for Defects, a classic example whereby non-conforming (defective) performance is an issue. If such codification were to take place, whether we should recognize a choice - to the seller - regarding the means of Cure will be an issue. However, since the non-conforming (defective) performance is attributable to the seller himself or herself, there is no need to recognize the right of a choice regarding the means of cure for the seller. Furthermore, whether a buyer could claim a Compensation of Damages in lieu of a Cure without exercising the Right to Cure is also an issue. Here, it ought to be codified that the buyer should first offer the seller an additional period for Cure, only after which the buyer could claim a Compensation of Damages in lieu of the Cure considering the rationale of a Right to Cure and that of Section 395 of the Korean Civil Code. This Priority of Cure must be enforced even in the case of a buyer resorting to the Right to Price Reduction or to termination of the contract. As the obligor's interests with regard to Cure will be protected by the aforementioned doctrine of Priority of Cure, there is no need to separately codify an obligor's Option to Cure into the Civil Code.

가해법인 및 피해법인에 공통된 사실상 대표자의 불법행위로 인한 법인의 손해배상책임 인정여부

This paper is an analysis of the Korean Supreme Court's decision 2020Da9268, pronounced on June 1, 2023. This is a case in which Mr. G, who was in a de facto representative position for both the defendant (offending) entity and the plaintiff (damaged) entity, embezzled money not only from the defendant entity but also from the plaintiff entity through unfair means. The plaintiff entity, which claimed to have suffered damage as part of the money embezzled from the plaintiff entity flowed into the defendant entity, filed a claim against the defendant entity for the return of money based on unjust enrichment or compensation for damages due to tort. Regarding this case, the first and second trials and the Supreme Court differ in their approach to the matter and their resulting conclusions. The first and second trials acknowledged that the entity's tort liability was established based on the representative's illegal acts, but in calculating damages, they denied or limited the amount of damages to 50%. In contrast, the Supreme Court denied liability for damages on the grounds that even if it recognized Mr. G's illegal act, there was no clear basis for recognizing it as an illegal act by the offending entity. Regarding this, the author criticized that the 'de facto representative' principle, the 'limits of the appearance theory' principle, and the 'attribution of recognition' principle, which were formed in the existing precedents of the Supreme Court in relation to the liability of corporations for illegal acts, were rarely or not used in this judgment. To summarize the author's solution, Mr. G can be evaluated as the de facto representative of the offending entity, and his illegal acts, such as embezzlement of school funds, not only constitute his own illegal acts, but can be judged as business-related acts of the (de facto) representative who ostensibly represents the offending entity. However, since Mr. A is in the position of de facto representative of the damaged entity, what he recognizes also belongs to the damaged entity. Since he would have recognized on his own that his illegal act was not related to the duties of the offending entity, his awareness is attributed to that of the damaged entity as well. Therefore, the damaged entity cannot claim compensation from the offending entity.

근미래 우주낙하물에 대한 우주손해배상법 법적개정 연구

The number of projectiles launched into space in 2017 was 300, but in 2022, more than 2,000 projectiles are believed to be heading into space, and there are predictions that the number of satellites in low orbit at an altitude of 2,000 kilometers will exceed 57,000 by 2030. Given the recent increase in the number of space projectiles and the participation of private companies, legal amendments are essential because the number of damage caused by falling objects in Korea is expected to increase gradually. In this study, various legal applications such as the Space Damage Compensation Act and the protection of legal interests of third parties on the surface were analyzed through cases of falling objects caused by space projectiles at home and abroad, suggesting a direction for development to protect the lives and property of the people in space security.

Expert Investigations In Criminal Proceedings, Liability For Which Is Provided By Art. 345 Of Criminal Code Of Ukraine

The article considers importance of preserving and protecting the life and health of employees of the Security and Defense Forces, currently including law enforcement officers. The main types of expert research that should be conducted during the investigation of a crime, the responsibility for which is provided for in Art. 345 of Criminal Code of Ukraine, in particular, forensic medical one with involvement of forensic medical examiner a specialist in examination and investigative experiment; video and sound recording examinations; forensic psychological examination and a set of examinations, in case of the need for research in criminal proceedings of digital objects, telecommunications and computer forensic science, in case of receiving threats by a law enforcement officer or members of his family through means of communication. Importance of conducting forensic psychological examinations of law enforcement officers and their family members in order to receive compensation for the moral damage caused by the offense was emphasized. Importance of development and research of computer forensic science and research on digital objects, use of their capabilities during the investigation of the specified criminal offenses, etc. is argued.

Determining Amount of the Moral Damages in Cases of Health Damage

The article discusses the specifics of compensation for moral damages and the method of calculation in case of the health damage. The article presents definitions and decisions from the practice of the common courts, where the gaps and inconsistent approach caused by the vague record of the law are clearly visible. Moreover, it presents the results of comparative legal research. In particular, the legislation and practice of the following countries have been studied: Austria; USA; Belgium; Bulgaria; United Kingdom; Germany; Spain; Slovakia; Hungary; Croatia; Greece; Estonia; Lietuva; Latvia; Portugal; Finland.

Yellow card to video game companies: An analysis of the infringement of football player’s image rights in Brazil

The huge importance of video games and football in Brazil led to a discussion about the commercial use of players’ images in well-known games, which consequently ended up in the filing of several lawsuits seeking compensation for moral damages. This impacts the investment of video game publishers in Brazil and requires solutions to their presence in the market, resulting in a discussion about next steps and how to deal with the subject of protecting individuals’ rights and contractual freedom equally. This analysis is based on the dissection of the decision in the Incident of Resolution of Repetitive Claims and its developments in the Superior Court of Justice, which will decide the future of the matter in Brazil. The resulting answers involve how to properly obtain the authorization of the players, and how to deal with the agreements chain and red flags that appear along the way, with an approach that foments development but also complies with the regulations of the largest country in Latin America. Therefore, the implications of this decision in this specific national market can impact how publishers invest, decide to act, and invest in Brazil, starting as a legal matter but going forward to affect the whole industry.

THE ISSUE OF SECURING COMPENSATION FOR ANTICIPATED LOSSES AS A COUNTERBALANCING TOOL OF PROVISIONAL REMEDY

Indemnification of incurred damages does not depend on its advance securement, although the law provides the possibility of securing compensation for potential losses in advance. The institution of guaranteeing compensation for anticipated losses is one of the tools for protecting the defendant’s rights in the procedural guarantees system. Procedural law doctrine and practice sometimes shift the emphasis to already incurred damages and, thus, call it the institution of compensation for damages caused by an unjustified provisional remedy. The law of civil procedure defines the rule for securing the anticipated losses and not already existing or proven damage. The misperception of the concepts of loss and damage causes the wrong approach to the essence of the mentioned institution. The criteria and rules for securing compensation for anticipated losses and incurred damages require different approaches. In relation to the incurred or expected damages, it would be more appropriate to talk not only about the compensation of damages caused to the defendant through an unjustified provisional remedy but also through the dismissed claimant’s claim. Considering all that, securing compensation for anticipated losses should include not only expected losses incurred because of unjustified provisional remedy but also as a result of unjustified/dismissed claims. The defendant may incur various expenses or lose income due to an unjustified provisional remedy or a claim. Attention should be devoted to compensating for the damages caused by an unjustified claim to the extent that, firstly, the measure of provisional remedy is based on alleged facts, and secondly, it is only one of the procedural actions directed against the defendant. The provisional remedy itself and securing compensation for the anticipated losses to the defendant form one of the procedural guarantees of effectively using the right to a fair trial and, accordingly, it is a part of the area protected by Article 6 of the European Convention on Human Rights and the first Clause of Article 31 of the Constitution of Georgia. Based on the principle of equality before the law and the court, as well as the principle of the equality of the parties in civil proceedings, the claimant also has the right to claim compensation for damages from everyone who, through illicit actions, prevented the enforcement of provisional remedy issued by the court.

Legal regulation of responsibility for violation of traffic rules in Ukraine

The article is devoted to the study of legal regulation of responsibility for violation of traffic rules in Ukraine. Analyzing official statistics, it can be stated that the number of traffic accidents has decreased significantly in recent years compared to previous years. But despite this, almost every day the news is full of information about road accidents that have fatal consequences. In such a situation, it is simply dangerous to count on the professionalism of drivers, the serviceability of vehicles, the responsibility of pedestrians, and the safety of the transport infrastructure. Currently, it does not matter who you are - a pedestrian, a driver, or a passenger - every road user must understand the importance and necessity of following the rules of the road. Very often, the main incentive for compliance with such rules of conduct by all road users is the normatively established responsibility for their violation. The normative-legal regulation of responsibility for violation of traffic rules aims to protect social relations in the field of ensuring road traffic safety and fixes the following types: civil, administrative, criminal.
 The issue of legal regulation of responsibility for violations of traffic rules in Ukraine plays a significant role because it has significant potential for improving the quality of life of citizens, developing the country's economy by implementing the fundamental goal of legal regulation of road safety - reducing the number of road accidents and saving the lives of Ukrainian citizens.
 The peculiarity of civil liability for violation of traffic rules is compensation for damage caused by the use of vehicles, which is a source of increased danger.
 Administrative responsibility for violation of traffic rules consists in applying fines to road users for violation of the mentioned rules, operation of transport and roads.
 Criminal liability in the field of road traffic safety arises if, during the use of a vehicle, a danger to life, human health, property, environmental safety, public safety, rights and legitimate interests of citizens, enterprises, institutions, organizations is created.

THE SIGNIFICANCE OF DAMAGE – A CRIMINAL ACT AS PART OF THE ILLEGAL LOGGING OF TREES AND SHRUBS

The paper deals with the criminal act provided for in Article 303 of the Criminal Code of Georgia for unlawful felling of trees and bushes, the amount of damage caused to the environment, the procedure for its calculation and the significance of the damage. It will be discussed what constitutes and how the essential component of the disposition of the Article – substantial damage is calculated. Where is the line drawn between criminal and administrative responsibility? What kind of damage can be caused by the illegal cutting of trees and shrubs, and what are their implications for investigations, prosecutions, and courts? The paper is novel since other scientific works do not identify the subject of our study, and there are few studies of damage in textbooks or comments to the private part of the Criminal Code. The damage caused to the environment differs from the damage imposed for crimes with other material components provided by the criminal law code; its amount decides the basis of administrative or criminal law in a specific case. Therefore, the scientific study of the issue has practical significance. The scientific paper aims to clarify the essential component for the composition of Article 303 of the Civil Code – the study of the issue of compensation for damage and to create a correct understanding of the problematic issues raised around it.

Compensation of damages related to the loss or reduction of employment capacity of a minor, minor person caused by disability or other health damage

This scientific article explores the crucial issue of compensating minors for the loss or reduction of their working capacity resulting from mutilation or other health-related damages. Minors are particularly vulnerable to such injuries, which can have profound and lifelong consequences on their physical, emotional, and socio-economic well­being. This study delves into the legal, ethical, and practical dimensions of compensating minors in these circumstances.
 The research begins by analyzing the existing legal frameworks and international conventions that safeguard the rights of minors and underscore the obligation to provide compensation for harm. It highlights the importance of a child's right to development and protection from exploitation, emphasizing the need for a comprehensive approach to addressing the consequences of mutilation and health-related damages.
 Furthermore, this article explores the complexities surrounding the assessment of compensation for minors, taking into account the unique developmental trajectories and potential future earnings of children. It investigates methodologies for estimating both immediate and long-term damages, considering medical costs, psychological support, and educational needs. The article also discusses the role of insurance systems and public policies in facilitating compensation and support for affected minors.
 Additionally, ethical considerations are scrutinized, such as the necessity of prioritizing the child's best interests and ensuring that compensation mechanisms do not inadvertently perpetuate exploitation or discrimination. The article examines case studies from various jurisdictions, shedding light on successful practices and potential areas for improvement.
 In conclusion, this scientific article underscores the urgency of addressing compensation for minors who have suffered mutilation or other health damages affecting their working capacity. It advocates for a holistic approach that integrates legal, ethical, and practical considerations to ensure that affected minors receive the support they need to lead fulfilling lives and realize their full potential despite the challenges they face.

On the issue of procedural legal advocation of a civil plaintiff in criminal proceedings: doctrine and practical problems, ways to overcome them

The issue of the procedural status of a civil plaintiff in criminal proceedings and the issue of a person’s right to compensation for damage caused by a criminal offense has always been in the center of attention of lawyers - academics and practicing practitioners. The relevance of the chosen topic and the purpose of the research is due to certain doctrinal and practical gaps in the criminal procedural legislation of Ukraine, as well as contradictions between the norms of criminal procedural law, civil procedural law, and the provisions of inheritance law, which arise in the conditions of criminal proceedings, and are caused by death (or the condition, which makes it impossible to participate) of the injured person, who is a civil plaintiff in a civil claim for damages, at the stage of pre-trial and judicial criminal proceedings. Taking into account the set goal of criminal proceedings, which consists, among other things, in compensating the injured person for the moral and (or) property damage caused to him by a criminal offense, in this article the author not only analyzes individual scientific views and examines the relevant legal norms regulating procedural procedure of criminal legal succession, however, attention is emphasized and own proposals are made to improve the legal mechanism of legal succession of a participant in criminal proceedings, such as a civil plaintiff in a civil claim for damages presented in criminal proceedings. In conducting scientific research, the author used the formal-logical (dogmatic) method in interpreting the normative content of laws and formulating the definitions of individual legal concepts of the research issues, as well as the method of systemic-structural analysis, which contributed to the study of types of legal conflicts and gaps. Based on the results of the scientific research, the author outlined separate doctrinal and practical problems of the studied issue, and outlined the conclusions regarding the need to improve the current version of the Criminal Procedure Code of Ukraine and clarify the procedural rights of the civil plaintiff during procedural succession in criminal proceedings, by adding a new article to the Criminal Procedure Law, and made suggestions to the specified edition.

Legal grounds for exercising the right to claim compensation for damages at the expense of the state by an individual who has suffered from a criminal offence (civil law aspect)

The article identifies the legal grounds for exercising by an individual the right to claim compensation for damage caused by a criminal offence at the expense of the State (the State Budget of Ukraine), and analyses and identifies the specific features of such legal grounds. It has been noted that for compensation of damage caused to a victim as a result of a criminal offence at the expense of the State Budget of Ukraine, the mere commission of a criminal offence as the basis for civil liability is not sufficient. Therefore, additional grounds are such legal facts as failure to identify the person who committed the criminal offence or if such a person is insolvent.
 In addition, it has been noted that the right to compensation for damage to an individual who has suffered from a criminal offence arises from the moment when circumstances which make it impossible to compensate (reimburse) the damage by the person who caused it occur, and not from the moment when such damage is inflicted. The article clarifies the peculiarities of an individual's exercise of the right to compensation for damage caused by a criminal offence at the expense of the State Budget of Ukraine. Therefore, when determining the persons obliged to compensate for the damage caused by a criminal offence, it is important to distinguish between the person who actually caused the damage and the person who should compensate (reimburse) the damage (the State at the expense of the State Budget).
 It has been stressed that the State is not liable for the damage caused by a criminal offence. This refers to the State’s obligation to compensate for the damage caused by a criminal offence, subject to certain legal facts. The conditions for imposing the obligation on the state (the State Budget of Ukraine) are as follows: the damage (property, physical (bodily), moral (non-property)) must be caused by a criminal offence to an individual, his/her family members or close relatives; the damage is a consequence of a criminal offence; the person who committed the criminal offence has not been identified (or the person has been identified but cannot be found); the person who caused the damage must be insolvent.
 Ways to improve the mechanism of legal regulation of relations for compensation for damage caused by a criminal offence at the expense of the State Budget of Ukraine are proposed. The legal mechanism for compensation for damage caused by a criminal offence, with a view to ensuring the functions of civil liability, should be in the area of civil law regulation of relations for compensation for damage.

Civil substantive and procedural legal means of securing reparations for Ukraine

The subject of the study is the forms of reparations for damage and the procedural means of obtaining them within the institutions which constitute transitional justice and which should comply with international standards. The purpose of the article is to determine the directions for institutional changes in the procedure and peculiarities of compensation for damage caused to individuals by the armed aggression of the russian federation, primarily in national courts in the context of legal institutions of transitional justice. To obtain the results of the study, the author used general scientific and special legal methods, in particular, analysis, generalisation, and comparative legal analysis.
 The conditions for balanced fulfilment of transitional justice tasks in the context of fair reparations for victims have been investigated. The legal means aimed at obtaining reparations for damage caused as a result of armed aggression have been considered. The author identifies the types and role of legal immunities and amnesties as means of reconciliation, their conditions of implementation and application in relation to the effectiveness and availability of reparations for gross human rights violations and war crimes. The forms of reparations that should be guaranteed to victims for the relevant crimes have been investigated.
 The results of the study are a new special approach to determining the relationship between substantive and related procedural legal means of transitional justice that may affect reparations at the national level. The role of amnesties and immunities as legal incentives and means of influencing the effectiveness and accessibility of reparations to victims has been identified and generalised. The provisions on ensuring a balanced ratio of private and public interests in the implementation of transitional justice elements have been further developed. The author identifies areas for a balanced combination of legal means and increasing their effectiveness to ensure the goals of transitional justice.
 The results of the study can be used in educational, law-making, law interpretation and law enforcement processes, in particular in civil proceedings in Ukraine. Practical significance lies in the possibility of applying the results in determining procedural ways to protect the rights of victims.

Rapid damage assessment caused by the flooding event 2021 in Limburg, Netherlands

The floods in the Netherlands in the summer of 2021 led to severe economic damage and losses in the affected area. A first estimate in September 2021 showed that more than 2,500 houses, more than 5,000 inhabitants and around 600 businesses were affected. Using the Dutch standard Flood Damage and Loss Model (SSM2017), and based on figures from international literature, the total damage in the Netherlands is estimated in the order of € 350 – 600 million. Physical damage to houses and businesses, business interruption, damage to infrastructure and crop losses were the most substantial. The differences in damage to individual structures (residential and commercial) were large. The estimated damage in the affected area is clearly larger than for the Meuse river floods in 1993 and 1995 which occurred in the same region (converted to 2021 prices: around € 200 million and € 125 million, respectively, excluding damage due to business interruption). It is important to note that the largest damages and losses in 2021 occurred the smaller regional rivers, mainly in the Geul floodplain, while in 1993 and 1995 most damage and losses were recorded in the Meuse floodplain.
 This paper aims to improve the preliminary damage estimates made right after the floods in 2021 by comparing them with actual damage reports from insurance companies and information acquired for the implementation of the national Act “Compensation of damage due to disasters” (WTS). We conclude that the value of the damage is about € 400 - 500 million, which is in line with the initial estimate. It is however seen that there is a gap between the assessments of damage by experts and the damage as perceived by citizens and companies.

Confidentiality of Personal Data in Case of Cyberthreats

Despite the presence of the current legal regulation of personal data and their circulation on the Internet, Russia has recently become one of the leaders in personal data leaks. It turns out that the right to confidentiality and the right to protection of personal data are not implemented in the digital environment due to the susceptibility to cyberattacks and the lack of appropriate measures and guarantees in this field. The Russian legislator establishes the obligations of the operator of personal data, including the obligation of the operator to notify the authorized body of the leakage of personal data, as well as administrative, criminal and civil liability for their disclosure. However, there are no effective mechanisms that would prevent leaks and other disclosure of personal data in a preventive manner and would allow full compensation for the damage caused to individuals. The legal doctrine proposes to strengthen the penalties for violations in the field of personal data and specify the possibility of compensation for moral damage to a person who has suffered from a leak. The author’s approach is to provide for the need to check the operator’s activities for violations that led to the leakage of personal data (post-control), as well as to introduce a compliance system that allows preventive prevention of leakages and other violations in the field of personal data (a priori control), and train employees to minimize the risks of disclosure and other illegal use of personal data.