Compensation For Damage Research Articles

Women’s rights in Ukrainian territories according to Lithuanian statutes and customary law in the 16th century – the first half of the 17th century: a comparative analysis

The article analyses the rights of women in the Ukrainian territories in the 16th – first half of the 17th century according to the Lithuanian statutes and customary law. The influence of the Orthodox Church on the marriage life of this period is highlighted, in particular, the attention is focused on the different views of the church and the community on marriage and divorce. According to the article, women’s personal and property rights were regulated by both certain legal provisions and customary law. In particular, on the basis of Lithuanian statutes, women enjoyed judicial protection, had rights in civil law relations when signing contracts and compensation for damages on an equal footing with men. The author emphasised that only those articles of the Lithuanian statutes that did not contradict the rules of customary law were implemented in practice. Customary law, transmitting the moral experience of generations, continued to have a decisive influence on the exercise of property rights and women’s rights in marriage until the end of the seventeenth century, when women's rights were fully protected. It is stated that from the second half of the seventeenth century, after the loss of autonomy by the Hetmanate, a period of restriction of property, family and social rights of women begins. The standard of spousal behaviour became the Domostroy, according to the provisions of which the parity between a man and a woman was completely cancelled. The wife's behaviour was clearly regulated, and in case of non-compliance with the proposed regulations, she was punished by both her husband and the church, which was completely contrary to both the Lithuanian statutes and Ukrainian customary law. It is emphasised that in developing effective mechanisms for ensuring women's rights in modern Ukrainian society, it is necessary to refer to the successful experience of observing women's equality in the sixteenth and first half of the seventeenth centuries, when the autonomy and independence of Ukrainian women became their main national features.

이행청구, 강제이행, 전보배상 및 대상청구 개정안 관견(管見)

The 3rd Civil Code Revision Committee has been organized and working on the revision of contract law in the Civil Code since 2023. In this article, articles 387, 389, 395, and 399 of the draft of the revised Civil Code, which deal with right to performance, forced execution, compensatory damages, and right to surrogate benefit respectively, are introduced and analyzed. These draft provisions confirms the right to performance in principle while excludes it when the performance becomes impossible due to the obligor’s fault, deletes paragraphs on specific methods of forced execution, reorganizes the requirements for compensatory damages by assimilating them with the law of termination and with new cause for substitute damages when anticipatory repudiation and impossibility. The purpose of any of these, except for anticipatory impossibility, is to legislatively accommodate the development of cases and legal doctrines thus far or to streamline the system without changing the substance of the current regime. The revision regarding the right to surrogate benefit even left most of the controversial issues unresolved. This underlying direction is understandable in light of the various limitations that must be considered in revising the Civil Code, which has not been revised for over 65 years, especially the contract law part, which is highly versatile and involves a large number of transactions and cases.

Compensation for Oil Pollution Damage in Nigeria: Establishment of an Administrative Institution with Arbitrative Power to the Rescue?

Compensation for Oil Pollution Damage in Nigeria: Establishment of an Administrative Institution with Arbitrative Power to the Rescue?

손해배상에 관한 민법 개정 예비초안 검토

This article introduces and reviews the content of the preliminary draft prepared by the Civil Code Amendment Committee, established in June 2023. The focus is on the amendments related to damages in Chapter 1, Section 2 of Part III of the Civil Code, which deals with the effectiveness of obligations. Specifically, it examines the proposed revisions to Article 390 (Non-performance of Obligations and Damages), Article 393 (Scope of Damages), Article 394 (Method of Compensation for Damages), Article 396 (Comparative Negligence), Article 397 (Special Provisions for Monetary Debt Default), Article 398 (Liquidated Damages), and the newly proposed Article 395-2 (Reimbursement of Expenses). The primary perspective for this review is to ensure the continuity and connection of discussions on the amendment of the Civil Code by comparing it with the 2004 amendment proposals and the 2013 revision draft. Additionally, in order to enhance the efficiency of the discussions, the review will focus on the modifications in the preliminary draft compared to previous amendments, as well as the alternatives proposed by the review committee. This review will be conducted with reference to domestic legal theories, precedents, and foreign legislative examples from a legislative standpoint. From a practical perspective, the most crucial aspect of the current Civil Code revision is to codify established doctrines and case law to prevent further interpretive disputes and clarify legal expressions. Particularly, as in the case of the preliminary draft concerning the regulations on damages, where the abstract nature of the Civil Code provisions has led to the resolution of cases through interpretation, codifying established case law can enhance predictability. However, in the process of codifying case law, it is necessary to consider whether such codification may hinder the development of legal principles through interpretation by fixing the doctrines in a manner that could affect the future evolution of legal theories and case law.

법관의 재판에 대한 국가배상책임

The Supreme Court of Korea has ruled on the liability of the state for enacting Emergency Measure No. 9 and for the actions of the investigative bodies and judges who applied and enforced it. Since the Supreme Court’s decision, the issue of the state tort liability for the judges’ trials has again become the subject of considerable debate. The Korean Supreme Court has rarely ruled on the state’s liability for the trial conduct of judges, using vague criteria. The standard of “holding a trial for an illegal or improper purpose”, which has been recognized in many cases is too subjective. In addition, most cases, such as auction, criminal, and preservation proceedings, do not involve a “judgment”. Taking into account the nature and specificity of the judiciary, it is necessary to review the rules governing the immunity of judges from trial. To this end, it is necessary to define the “subject matter” of the judicial immunity. This should be limited to judgments which are recognized as having substantial legal force, or decisions which are recognized as having an equivalent effect. It is also necessary to consider when a judge can be held liable for judicial misconduct. These include cases where a judge’s conduct materially violates the constitution or the law; where the judge's conduct constitutes a criminal ‘offense’; where the judge intentionally or grossly exceeds the scope of his or her jurisdiction; or where the judge applies in ‘bad faith’ a law that is highly suspect of being unconstitutional. The above criteria are not perfect. They need to be openly discussed by practitioners and academics in the future. In addition, there should be a system of financial compensation for damage caused by minor errors, misunderstandings, or misjudgments by judges in the course of proceedings.

Legal mechanisms for compensation for damage to victims of military conflict in Ukraine

Legal mechanisms for compensation for damage to victims of military conflict in Ukraine

Вопросы юридической ответственности при использовании искусственного интеллекта в управлении боевыми действиями

The article analyzes the legal consequences of the use of artificial intelligence in combat control systems that carry out their centralized planning and coordination. The nature and method of compensation for damage caused to non-combatants and property of third parties as a result of decision-making by a robotic complex in an autonomous mode without human participation is being studied. The author makes a comparative analysis of foreign novels on issues of legal liability related to the use of artificial intelligence in combat operations management, in particular, the American approach based on the concept of “collateral damage”. Legislative novelties are proposed designed to adapt the law enforcement sphere to new practices of introducing artificial intelligence into combat control systems.

INSTITUTIONAL SUPPORT AS A CONCEPTUAL PROVISIONS COMPONENT FOR THE CARGO FLOWS FORMATION OF MARITIME TRANSPORT IN UKRAINE

. The article is devoted to updating the legal field of Ukraine, which regulates maritime transport, in accordance with EU standards and norms. The purpose of the study is to develop a proposal for institutional support for the realisation of the maritime transport potential in the security dimension in the post-war period. After analysing the legal framework governing maritime transport, 1086 documents were identified. Among them, there are 39 international Directives in force (for maritime transport) and 6 (for inland waterway transport). In addition, the unimplemented Directive 2015/757/EU "On the monitoring, reporting and verification of carbon dioxide emissions from maritime transport and amending Directive 2009/16/EC" was found. If this document is implemented into Ukrainian legislation, Ukraine's maritime transport will see positive changes in the direction of green logistics. And the author proposed to introduce amendments to the draft CMU Resolution "On Amendments to the Procedure for Providing Guarantees of Compensation for Damage Caused as a Result of the Armed Aggression of the Russian Federation against Ukraine and Military Actions on the Territory of Ukraine to Charterers, Operators and/or Owners of Seagoing Ships and Inland Navigation Vessels Flying the Flag of Ukraine and Flags of Foreign States". It was proposed to pursue a course towards "green" logistics by implementing the necessary EU Directives into the legislative framework. Bringing Ukraine's regulatory framework in line with international EU standards, namely the documents governing maritime transport, will lead to an increase in trade and a higher level of security.

ПРАВОВЫЕ ПОСЛЕДСТВИЯ СОВЕРШЕНИЯ ОСУЖДЕННЫМИ К ПРИНУДИТЕЛЬНЫМ РАБОТАМ АКТОВ ЧЛЕНОВРЕДИТЕЛЬСТВА

The article examines the specifics of the goals and forms of committing acts of self-mutilation by convicts. The author analyzes some of the legal consequences of such acts, namely: bringing to disciplinary responsibility; compensation for material damage caused; failure to complete the period of temporary disability of the convicted person caused by intentional harm to his health; refusal to realize a legitimate interest in exemption from punishment due to illness. As a result, the expediency of fixing in legislation the specified legal consequences in relation to those sentenced to forced labor is determined.

The Role of The International Court of Justice ICJ in Redressing the Environmental Damages Caused by States During Wartime

Over the past century, it has been more evident that one manifest consequence of conflict is the detrimental impact on the environment. Although there has been beneficial growth in international environmental law, the environment has nonetheless suffered from following international armed conflicts, including the Kosovo conflict, the Iraq war, the Israel-Lebanon war, and Ukraine. In fact, there has been no legal responsibility imposed on any State for violating the responsibilities outlined in Articles 35 and 55 of Additional Protocol I. Remarkably, the International Court of Justice ICJ has acknowledged that environmental damage is eligible for compensation and to take "active restoration measures". the main problem is that the environmental damage persists even after the war has ceased. This article attempts to analyze the strengths and weaknesses of the State responsibility for environmental damage during wartime before the ICJ. This article shows the significant contributions from ICJ to protect the environment but while also showing the ambiguity related to the development of reparation for the damage caused during wartime. The purpose of this article is to examine the extent to which international law could apply to environmental damage in wartime. How much environmental damage needs to happen how much reparation must be deliberated? The article explores a methodology for evaluating environmental damage caused during a conflict by the ICJ and takes the lessons learned from the jurisprudence of the ICJ to determine the appropriate amount of compensation for such damage. This article examines the ineffectiveness of the current international legal framework for dealing with environmental damage during wartime. It provides an overview of the historical context of environmental damage in armed conflicts and a review of existing customary and conventional laws.

Case law of the European court of human rights on compensation for non-pecuniary damage: Certain issues

Compensation is considered a means of restoring the violated rights. Ukrainian legislation directly provides for the possibility of compensation for non-pecuniary damage, however, a number of problems arise when considering cases on this issue in national courts. Firstly, there is no legally enshrined definition of this concept in Ukraine. Secondly, there is no single methodology or model for assessing moral damage, no formula for calculation is established at the legislative level, due to which judges assign different amounts of compensation for harm caused under the same or similar circumstances. Besides, there are no clear criteria for determining the amount of damage caused, which makes it almost impossible to unambiguously calculate, for example, the extent of the mental pain or the infringement on dignity and honor in property equivalent, that is, it is in fact a conditional compensation. Reference to the case law of the ECHR on this matter may contribute to solving these problems, because its decisions are referred to by national courts. The ECHR has not developed a universal formula for calculating the amount of non-pecuniary damage, but there are certain criteria for its assessment: the nature of the offense and violated right; payments accrued based on the results of consideration of previous cases; victim’s personality; the respondent State; collective statements or mass offenses; other circumstances of the case.

Legal aspects of compensation for damages caused by abuse of a dominant position in the European Union

Legal aspects of compensation for damages caused by abuse of a dominant position in the European Union

BỒI THƯỜNG THIỆT HẠI KHI LY HÔN TRONG PHÁP LUẬT CỘNG HÒA NHÂN DÂN TRUNG HOA VÀ GỢI MỞ CHO VIỆC HOÀN THIỆN PHÁP LUẬT HÔN NHÂN VÀ GIA ĐÌNH VIỆT NAM

The authors focus on analysing and evaluating the regulations on compensation for damages upon divorce regulated in the 2020 Civil Code of the People’s Republic of China. Based on a comparison with relevant regulations in law as well as legal practice in Vietnam today, the authors make some recommendations to improve Vietnamese marriage and family law by learning from the experience related to the law of the People’s Republic of China to protect more effectively the rights of one spouse who suffers damage arising from divorce due to the fault of the other spouse.

CAUSE (GROUND) OF OBLIGATION OF THE CONTRACT ON REPRESENTATION IN SPORT

In the law of the Republic of Serbia, the cause of contractual obligation has the significance of a general assumption of the validity of the contract. It represents an essential condition for the creation and survival of every contract. Accordingly, “every contractual obligation must have a permissible cause. The cause is impermissible if it is contrary to cogent rules, public policy, or good morals” (Article 51(1-3) of Law on Obligations). It is assumed that the contractual obligation has a cause, even though it is not expressed. The legal consequence of the non-existence or impermissibility of the cause is the nullity of the contract. The subject of interest in this paper is the consideration of peculiarities regarding the cause of obligation of the contract on representation in sports, which distinguish it from other types of contracts. For that purpose, special attention is devoted to the analysis a few characteristic cases of concluding contracts on representation in sport in contractual practice. It has been observed that existence of false (unreal) cause in the practice of formation of these contracts are not rare. Additionally, the unreal ground is, as a rule, the result of the will of the contractors themselves. The existence of a putative cause in contracts on representation in sports is difficult to imagine due to the mandatory written form prescribed by law. Therefore, the false cause in these contracts can be manifested in the form of a fictitious or simulated contract. The falseness of the ground is most often expressed in the form of a reduction or increasing of the obligations stated in the written contracts, compared to those that were actually contracted. It would be difficult to say that such payments, outside of legal payment flows, are an unusual phenomenon in modern sports. Considering the above, it is necessary to take a position regarding the solution of the exposed legal problem from the point of view of national legislation. On the ground of the rules contained in the legislation of the Republic of Serbia, the author concludes that the existence of an false cause results in the nullity of all contracts that were used in the simulation operation. Therefore, the sanction would consist in the absolute nullity of the fictitious, simulated and dissimulated contract due to the circumvention of legal regulations, the mutual confiscation of the object of performance due to violation of cogent regulations and public policy, as well as compensation for damage caused due to the violation of legally protected interests of bona fide third parties.

CONSENSUAL TERMS MODIFYING CONTRACTUAL LIABILITY IN THE LIGHT OF UAE LAW: A COMPARATIVE STUDY WITH FRENCH LAW

Background: In the context of UAE law, this study explores the legitimacy and application of terms that modify contractual liability, drawing a comparative analysis with French law. Contractual terms are essential in shaping agreements, reflecting the parties' expectations and strategies for managing future risks. Since the 19th century, these terms have evolved significantly due to industrial growth and an increase in civil liability disputes. They are designed to limit or exclude a party's liability in the event of a contract breach, offering a mechanism for risk management and economic cost estimation. The paper differentiates between terms that directly address liability and those pertaining to the initiation of liability lawsuits. It examines various clauses, including guarantee clauses, terms that reduce liability, and penal clauses that establish fixed compensation amounts to incentivise contract performance. Additionally, contemporary legal frameworks, including both French and UAE laws, increasingly impose restrictions on contractual freedom to protect vulnerable parties, such as consumers and employees, by prohibiting certain terms and granting judges the authority to invalidate unfair clauses. The study analyses UAE legal texts in comparison with French jurisprudence to clarify the UAE legislator's perspective on the legitimacy of terms. Methods: This study aims to conduct a comparative analysis of Emirati and French laws on modifying contractual liability by analysing primary and secondary sources such as legal texts, judicial decisions, and commentaries. It examines legislative approaches and judicial interpretations, aiming to identify similarities, differences, and areas for UAE legal reform. Inductive reasoning is used to derive broader principles, assessing the effectiveness and fairness of both legal frameworks and considering key differences and guiding principles. Results and conclusions: To define the parties' rights and responsibilities, the parties must agree upon clear and explicit terms that define the damage scope, compensation limits, and exceptions to the contract. Even though these terms are common and regulated, the courts play a significant role in interpreting them, posing legal challenges when unclear. In the UAE, the Civil Transactions Law permits such terms under contractual freedom but lacks clarity on their legality, leaving judicial discretion under Article 206. Other UAE laws explicitly invalidate these terms, aligning with international standards. Post-2016, French law also invalidates terms that remove essential obligations. It is recommended that the UAE legislator clarify its stance on these terms within civil transactions, aligning with other UAE laws, to clearly specify what conditions are acceptable.

RESTITUTION OF ILL-GOTTEN WEALTH AS A WAY TO FIGHT CORRUPTION

The main goal of judicial reforms implemented in Uzbekistan is to protect the rights and legal interests of subjects, to give wide privileges and freedoms to the activities of participants in economic transactions. Civil legal instruments, like other areas of law, play an important role in ensuring the protection of the rights and interests of subjects. In particular, the demands for compensation for damages and the return of unjustified wealth are distinguished by their own characteristics among civil legal instruments aimed at the protection of rights in the restoration of violated rights and protection of material interests.

Estimating the impact of wildlife damage compensation policy on farmers’ incomes

At present, the conflict between humans and wildlife in China is becoming more serious, and the wildlife damage compensation policy, as an important part of the ecological compensation system, has become an important means to alleviate the contradiction between wildlife protection and farm household development. This study empirically examines the mechanism of action and analyses the impact of the pilot wildlife damage compensation policy on farmers’ incomes, using Chinese provincial panel data from 2004 to 2021, and employing synthetic control methods, double difference models and moderated effects models. The results show that: (1) At the provincial level, the wildlife damage compensation policy can significantly increase farmers’ income by 16.7 %, which has been validated through a series of robustness tests. (2) Further analysis using micro-survey data shows that the wildlife compensation policy significantly increases farmers’ income by 22.5 %. (3) Mechanism analysis reveals that the wildlife damage compensation policy can increase rural agricultural employment by 4.3 %, thereby increasing farmers’ income. (4) Heterogeneity analyses indicate that wildlife damage compensation policy has different effects on farmers’ income. Among these, the impact on low-income farmers is more pronounced. Understanding the impact and heterogeneity of wildlife damage compensation policy on farmers’ income can facilitate the design of targeted compensation policies to address the mismatch between conservation and development, thereby achieving the policy objective of promoting a symbiotic coexistence between wildlife conservation and farmers’ economic interests.

Efficiency of state financial control: approaches to evaluation and conditions of increase

Unresolved problems of the development of state financial control slows down the positive impact of the socio-economic development of the country. In the conditions of martial law and a shortage of financial resources, impeccable state financial control acquires the characteristics of one of the main guarantors of the effective and transparent use of international financial aid. The efficiency of the DFC becomes the main indicator of effective management of public finances. The article examines approaches to the assessment of the effectiveness of DFC. It was established that the reduction of the volume of financial violations depends on a group of factors: the effectiveness of the control measure, the effectiveness of the state financial control body; the quality of the evidence base, which should be a factor of irreversible action in matters of compensation for material damage caused to the state; completeness of implementation of recommendations on elimination of established violations and prevention of their occurrence in the future; the level of professional competence of managers of public sector entities in the implementation of control powers. It was determined that the desired efficiency of the DFC depends on the quality of its legal, methodological and praxeological support. Achieving a significant impact on the indicators of the state sector of the national economy can also take place thanks to the improvement of the qualifications of managers of state sector entities.

Control measures during the enforcement process

This paper addresses the pressing issues surrounding the current mechanisms of enforcing court decisions in Ukraine, focusing on the inefficiencies that result in a low percentage of effectively executed judgments by both the State Enforcement Service (SES) and private enforcers. The study identifies the primary problems within the enforcement system, including insufficient legislative regulation, lack of effective oversight, and limited protection of debtor's rights. The paper provides an in-depth analysis of the existing mechanisms for control and appeal in the enforcement process, highlighting judicial control under Article 74 of the Law of Ukraine "On Enforcement Proceedings". The judicial control aspect is explored through the examination of court practices in both courts that issued enforcement documents and administrative courts. The paper identifies the number of appeals related to the enforcement process and discusses the effectiveness of judicial oversight. Additionally, the paper examines the extrajudicial control mechanisms, particularly the oversight exercised by the Ministry of Justice over both state and private enforcers. The study reveals significant challenges, such as the deprivation of the debtor's right to seek extrajudicial control, and discusses the reasons behind such legislative changes, along with their positive and negative consequences. The paper also presents the findings from recent research and publications that have begun to address these issues, and highlights the aspects of the general problem that have not been previously addressed, to which this paper is dedicated. To address these challenges, the paper proposes several improvements and legislative amendments. These include enhancing judicial control by establishing clearer criteria for reviewing appeals against enforcer actions, extending court powers to mandate specific actions by enforcers, and providing compensation for damages caused by unlawful enforcement actions. In terms of extrajudicial control, the paper suggests restoring the debtor's right to appeal to the Ministry of Justice, implementing a pre-screening mechanism to filter out baseless complaints, and strengthening the Ministry's monitoring capabilities.

О компенсации морального вреда, причиненного решениями, действиями (бездействием) субъекта публичной власти

The article examines the issues surrounding the combination and joint consideration in administrative court proceedings of both administrative claims challenging the legality of public authority acts and civil claims for compensation of moral damage. The aim of this article is to identify and analyze the problems of legal regulation of compensation for moral damage in administrative proceedings. To achieve this aim and solve the tasks, general and special scientific methods such as analysis, synthesis, historical, systemic-structural, formal-legal, and comparative methods were used. As a result, the author came to the conclusion that it is advisable to normatively consolidate the possibility of combining a public-law administrative claim and a private-law claim for compensation of moral damage in administrative proceedings. Such an intersectoral transformation of public and private law will significantly enhance the level of judicial protection for citizens who have suffered moral harm due to a public-law violation, especially considering that a person in a dispute with the authorities is always the weaker party. The results of the study can be used as proposals for legislative changes and for shaping judicial practice regarding compensation for moral damage in administrative proceedings. The novelty of the study lies in the substantiation of scientific recommendations on the need to combine and jointly consider in administrative proceedings not only an administrative claim to declare an act of public authority illegal, but also a civil claim for compensation for moral damage.